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Use Permit - Starbucks - 2009Communirv Developmenr Department August 13, 2009 Mr. Jeffrey Eaton JE Architects 1155 Meridian Avenue, #208 San Jose, CA 95125 Re: PLN2009-60 - 1696 S. Bascom Avenue -Use Permit -Late Night Uses -Starbucks Dear Applicant: Please be advised that at its meeting of August 11, 2009, the Planning Commission adopted Resolution No. 3955 approving a Conditional Use Permit (PLN2009-60) to allow late night operations for an existing Starbucks cafe 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, August 21, 2009. The time within which judicial review of this action must be sought is governed by Section 1094.6 of the California Code of Civil Procedure, unless another statute (such as California Government Code Section 65009 or some other applicable provision) sets forth a more specific time period. Please sign the acknowledgement on page 3 of the Resolution and return it to the Planning Division, 70 N. First Street, Campbell, CA 95008, within 30 days. If you have any questions, do not hesitate to contact me at (408) 866-2140. Sincerely, Daniel Fama Assistant Planner cc Paul Kermoyan, Planning Manager Ed Arango, Associate Engineer Frank Mills, Senior Building Inspector Chris. Veargason, Deputy Fire Marshall I I Hamilton Plaza Investors, 20275 Valley Green Drive, #100, Cupertino, CA 95014 RESOLUTION NO. 3955 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2009-60) TO ALLOW LATE NIGHT OPERATIONS FOR AN EXISTING STARBUCK'S CAFE ON PROPERTY OWNED BY HAMILTON PLAZA INVESTORS, LLC, LOCATED AT 1696 S. BASCOM AVENUE IN A C-2-S (GENERAL COMMERCIAL) ZONING DISTRICT. APPLICATION OF MR. JEFFREY EATON, JE ARCHITECTS, ON BEHALF OF STARBUCKS COFFEE COMPANY. FILE NO.: PLN2009-60. 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 PLN2009-60: 1. The proposed operational hours and late night activities in conjunction with the existing cafe are consistent with the General Commercial General Plan land use designation. 2. The proposed operational hours and late night activities for a cafe will be compatible with the C-2 (General Commercial) zoning designation with approval of a Conditional Use Permit and the recommended conditions of approval. 3. The project site consists of a 1,650 square foot tenant space in a 12.3 acre shopping center. 4. The project site is located at the southeast corner of Bascom and Hamilton Avenues. 5. The project site abuts multi-family residential development to the east and commercial development to the south. 6. The proposed project is consistent with other commercial developments and uses in the surrounding area. 7. No exterior modifications to the building are proposed. 8. The Police Department has not expressed a concern with the proposed project. 9. The hours of operation shall be restricted to: • Business Hours 5:00 AM to 11:30 PM • Operational Hours: 4:00 AM to 12:00 AM 10. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA). Planning Commission Res .lion No. 3955 PLN2009-60 - 1696 S. Bascom Avenue -Use Permit -Late Night Hours Page 2 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. 2. The proposed use is allowed within the applicable zoning district with Conditional Use Permit approval, and complies with all other applicable provisions of this Zoning Code and the Municipal Code. 3. The proposed site is adequate in terms of size and shape to accommodate the fences and walls, landscaping, parking and loading facilities, yards, and other development features required in order to integrate the use with uses in the surrounding area. 4. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic the use would be expected to generate. 5. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses on-site and in the vicinity of the subject property. 6. The establishment, maintenance, or operation of the proposed use at the location proposed will not be detrimental to the comfort, health, morals, peace, safety, or general welfare of persons residing or working in the neighborhood of the proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. 7. The requested late night hours for an existing cafe will not result in an over concentration of such uses in the area. 8. The requested late night hours for an existing cafe will not create a nuisance due to litter, noise, traffic, vandalism, or other factors. 9. The requested late night hours for an existing cafe will not significantly increase the demand on City services. 10. 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. 11. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit (PLN2009-60) to allow late night operations for an existing Starbucks Cafe on Planning Commission Rest. .pion No. 3955 PLN2009-60 - 1696 S. Bascom Avenue -Use Permit -Late Night Hours Page 3 property owned by Hamilton Plaza Investors, LLC, located 1696 S. Bascom Avenue in a C-2-S (General Commercial) Zoning District. Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. COMMUNITY DEVELOPMENT DEPARTMENT Planning Division 1. Declaration of Acceptance of All Conditions: Within thirty (30) days of Planning Commission approval, the business owner shall sign a copy of the subject Planning Commission Resolution, incorporating the final approved set of Conditions of Approval. Until said Resolution is signed, the approved Conditional Use Permit shall not be valid for any permits sought from the City. Acknowledged 8~ Accepted: Starbucks Coffee Company Date 2. Approved Project: Approval is granted for a Conditional Use Permit (PLN2009-60) to allow a cafe with late night operational hours located at 1696 S. Bascom Avenue. The project shall substantially conform to the revised project plans and written description stamped as received by the Planning Division on June 15, 2009, except as may be modified by the conditions of approval contained herein. Approved Hours of Operation are as follows: • Business Hours • Operational Hours: 5:00 AM to 11:30 PM 4:00 AM to 12:00 AM 3. Conditional Use Permit Approval Expiration: The approved Conditional Use Permit shall be valid in perpetuity with continued operation of the use. Abandonment, discontinuation, or ceasing of operations for a continuous period of twelve months shall void the Conditional Use Permit approved herein. Planning Commission Resolution No. 3955 PLN2009-60 -1696 S. Bascom Avenue -Use Permit -Late Night Hours Page 4 4. 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. In the event complaints are received by the City regarding noise, the Community Development Director may immediately modify the hours of operation and/or limit the extended hours of operation, subject to the project being brought back to the Planning Commission for review. 5. Delivery Hours: Pursuant to S 90-01, delivery hours are restricted to between 7 AM and 7 PM. 6. Property Maintenance: The owner/operator of the subject property shall maintain all exterior areas of the business free from graffiti, trash, rubbish, posters and stickers placed on the property. 7. Noise: a. Noise Standard: Any noises, sounds and/or voices, including but not limited to amplified sounds, loud speakers, sounds from audio sound systems, music, and/or public address system, generated by the subject use shall not be audible to a person of normal hearing capacity from any residential property. b. Noise Management: In the event complaints are received by the City regarding noise, the Community Development Director may immediately modify the hours of operation and/or limit the extended hours of operation, subject to the project being brought back to the Planning Commission for review. PASSED AND ADOPTED this 11~h day of August, 2009, by the following roll call vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: Alderete, None Alster anc None Ebner, Gairaud, Gibbons and Roseberry Rnrha APPROVED: ATTEST:.~.~_~- - Paul Ker oyan, Secretary ITEM NO. 1 CITY OF CAMPBELL • PLANNING COMMISSION Staff Report • August 11, 2009 Public Hearing to consider the application of Mr. Jefferey Eaton on behalf of PLN2009-60 Starbucks Coffee Company, for a Conditional Use Permit (PLN2009-60) to Eaton, J. allow late night operational hours for an existing Starbucks cafe on property owned by Hamilton Plaza Investors, LLC., located at 1696 S. Bascom Avenue in a C-2 (General Commercial) Zoning District. STAFF RECOMMENDATION That the Planning Commission take the following action: Adopt a Resolution, incorporating the attached findings, approving a Conditional Use Permit (PLN2009-60) to allow late night operational hours for an existing Starbucks cafe, subject to the attached conditions of approval. ENVIRONMENTAL DETERMINATION Staff recommends that the Planning Commission find that this project is Categorically Exempt under Section 15060(c)(2) of the California Environment Quality Act (CEQA), pertaining to activities that will not result in a direct or reasonably foreseeable indirect physical change to the environment. PROJECT DATA Net Lot Area: Proposed Hours of Operation: Proposed Business Hours: Tenant Space: Existing Seating: Provided Parking: Parking Required: DISCUSSION 538,500 sq. ft. (12.3 acres) 4:00 AM - 12:00 AM 5:00 AM - 11:30 PM 1,650 square feet 25 seats (19 interior + 6 exterior) 696 shared spaces (1 space per 210 sq. ft.) 9 parking spaces (25 seats @ 1 space per 3 seats) Applicant's Proposal: The applicant is requesting approval of a Conditional Use Permit to allow late night operational hours for an existing Starbucks cafe (reference Attachment 3 -Applicant's Written Statement). ProLct Location: The project site is located within the Hamilton Plaza shopping center, located at the southeast corner of Hamilton and Bascom Avenues (reference Attachment 4 -Location Staff Report ~ Planning Commission Meeting of August 11, 2009 Page 2 of 3 PLN2009-60 ~ 1696 S. Bascom Avenue Map). The shopping center abuts multi-family residential development to the east and commercial development to the south. Background: Starbucks Coffee Company currently operates five cafes in Campbell (see chart below). Three of these locations already operate pursuant to Conditional Use Permits that allow late-night operational hours and/or additional outdoor seating. In review of an unrelated application, it came to staff's attention that this Starbucks location, as well as the Downtown Campbell location, did not have Conditional Use Permits for late-night/early morning operations. Staff informed the Starbucks Coffee Company of this oversight, and the company submitted applications for these two locations. CAMPBELL STARBUCKS LOCATIONS Location Approved Hours of Operation File /Resolution No. Hamilton Plaza City Standard: 6:00 AM to 11:00 PM N/A 1696 S Bascom Avenue Proposed: 4:00 AM to 12:00 AM Downtown Campbell City Standard: 6:00 AM to 11:00 PM N/A 267 E. Campbell Avenue Proposed: 4:00 AM to 12:00 AM Camden & Curtner 5:00 AM -11:00 PM (M-Sun) PLN2003-69 / No. 3520 1228 Camden Avenue Kirkwood Plaza 4:30 AM -10:30 PM (M-Sun) PLN2004-93 / No. 3581 1820 W Campbell Ave # B Hamilton & Central 4:00 AM - 11 PM (Su-Th) PLN2006-78 / No. 3740 330 East Hamilton Ave 4:00 AM -12 AM (F-S) ANALYSIS Zoning/General Plan: The General Plan land use designation for the project site is General Commercial. The zoning designation for the project site is C-2 (General Commercial). The C-2 Zoning District allows a cafe as a permitted use, as specified by the Campbell Municipal Code (CMC) § 21.10.050(b). However, hours of operation earlier than 6 AM and/or later than 11 PM constitute a "late-night activity," requiring approval of a Conditional Use Permit in the C-2 Zoning District. Late-Ni hg t Operations: The applicant is requesting approval to operate the cafe as follows: • Business Hours • Operational Hours: 5:00 AM to 11:30 PM 4:00 AM to 12:00 AM This Starbucks location has been in operation since late 1992 without incident. Given its commercial location and the generally innocuous nature of this type of use, staff believes that the requested operational and business hours are reasonable and appropriate. However, pursuant to a previously approved Site and Architectural Review Permit (S 90-01) for a major remodel of the Hamilton Plaza Shopping Center, delivery hours for the entire site are restricted to between 7 AM and 7 PM. Outdoor Seating: The project plans (reference Attachment 5) indicate the provision of six outdoor seats. As allowed by CMC § 21.36.150, restaurants are permitted up to 12 outdoor seats without a Conditional Use Permit. Staff Report ~ Planning Commission Meeting of August 11, 2009 Page 3 of 3 PLN2009-60 ~ 1696 S. Bascom Avenue Parking: The shopping center is approved with a minor parking reduction: 1 space per 210 sq. ft. vs. the required 1 space per 200 sq. ft., resulting in center-wide parking deficit of 35 spaces. The application for late-night operations does not include an expansion of the tenant space nor a change in seating that would incur a greater parking demand. Police Department Review: The Campbell Police Department has reviewed the application and has no concerns or objections to the proposed hours of operation. Site and Architectural Review Committee: As there are no proposed changes to the exterior of the building or site configuration, the Site and Architectural Review Committee did not review this application. Attachments: 1. Findings for Approval of File No. PLN2009-60 2. Conditions of Approval for File No. PLN2009-60 3. Applicant's Written Statement, dated June 15, 2009 4. Location Map 5. Project Plans, dated June 15, 2009 6. Applicant's Site Photographs ~~ ~_ Prepared by: Daniel Fama, Assistant Planner Reviewed by: Approved by: Paul Kermoy~, Planning Manager Heinrichs, ~ommunity Development Director Attachment # 1 FINDINGS FOR APPROVAL OF FILE NO. PLN2009-60 SITE ADDRESS: 1696 S. Bascom Avenue APPLICANT: Jeffrey Eaton on behalf of Starbucks Coffee Company OWNER: Hamilton Plaza Investors, LLC P.C. MEETING: August 11, 2009 APN: 288-11-059 Findin s~pproval of a Conditional Use Permit to allow late night operational hours for an existing cafe (Starbucks) on property located at 1696 S. Bascom Avenue The Planning Commission finds as follows with regard to file number PLN2009-60: 1. The proposed operational hours and late night activities in conjunction with the existing cafe are consistent with the General Commercial General Plan land use designation. 2. The proposed operational hours and late night activities for a cafe will be compatible with the C-2 (General Commercial) zoning designation with approval of a Conditional Use Permit and the recommended conditions of approval. 3. The project site consists of a 1,650 square foot tenant space in a 12.3 acre shopping center. 4. The project site is located at the southeast corner of Bascom and Hamilton Avenues. 5. The project site abuts multi-family residential development to the east and commercial development to the south. 6. The proposed project is consistent with other commercial developments and uses in the surrounding area. 7. No exterior modifications to the building are proposed. 8. The Police Department has not expressed a concern with the proposed project. 9. The hours of operation shall be restricted to: • Business Hours 5:00 AM to 11:30 PM • Operational Hours: 4:00 AM to 12:00 AM 10. 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. Attachment # 1 Page 2 of 2 2. The proposed use is allowed within the applicable zoning district with Conditional Use Permit approval, and complies with all other applicable provisions of this Zoning Code and the Municipal Code. The proposed site is adequate in terms of size and shape to accommodate the fences and walls, landscaping, parking and loading facilities, yards, and other development features required in order to integrate the use with uses in the surrounding area. 4. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic the use would be expected to generate. 5. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses on-site and in the vicinity of the subject property. 6. The establishment, maintenance, or operation of the proposed use at the location proposed will not be detrimental to the comfort, health, morals, peace, safety, or general welfare of persons residing or working in the neighborhood of the proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. 7. The requested late night hours for an existing cafe will not result in an over concentration of such uses in the area. The requested late night hours for an existing cafe will not create a nuisance due to litter, noise, traffic, vandalism, or other factors. 9. The requested late night hours for an existing cafe will not significantly increase the demand on City services. 10. 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. 11. 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. PLN2009-60 SITE ADDRESS: 1696 S. Bascom Avenue APPLICANT: Jeffrey Eaton on behalf of Starbucks Coffee Company OWNER: Hamilton Plaza Investors, LLC P.C. MEETING: August 11, 2009 APN: 288-11-059 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. Declaration of Acceptance of All Conditions: Within thirty (30) days of Planning Commission approval, the business owner shall sign a copy of the subject Planning Commission Resolution, incorporating the final approved set of Conditions of Approval. Until said Resolution is signed, the approved Conditional Use Permit shall not be valid for any permits sought from the City. Acknowledged & Accepted: Starbucks Coffee Company Date 2. Approved Project: Approval is granted for a Conditional Use Permit (PLN2009-60) to allow a cafe with late night operational hours located at 1696 S. Bascom Avenue. The project shall substantially conform to the revised project plans and written description stamped as received by the Planning Division on June 15, 2009, except as may be modified by the conditions of approval contained herein. Approved Hours of Operation are as follows: • Business Hours 5:00 AM to 11:30 PM • Operational Hours: 4:00 AM to 12:00 AM 3. Conditional Use Permit Approval Expiration: The approved Conditional Use Permit shall be valid in perpetuity with continued operation of the use. Abandonment, discontinuation, or Attachment #2 Page 2 of 3 ceasing of operations for a continuous period of twelve months shall void the Conditional Use Permit approved herein. 4. 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. In the event complaints are received by the City regarding noise, the Community Development Director may immediately modify the hours of operation and/or limit the extended hours of operation, subject to the project being brought back to the Planning Commission for review. 5. Delivery Hours: Pursuant to S 90-01, delivery hours are restricted to between 7 AM and 7 PM. 6. Property Maintenance: The owner/operator of the subject property shall maintain all exterior areas of the business free from graffiti, trash, rubbish, posters and stickers placed on the property. 7. Noise: a. Noise Standard: Any noises, sounds and/or voices, including but not limited to amplified sounds, loud speakers, sounds from audio sound systems, music, and/or public address system, generated by the subject use shall not be audible to a person of normal hearing capacity from any residential property. b. Noise Mana eg ment: In the event complaints are received by the City regarding noise, the Community Development Director may immediately modify the hours of operation and/or limit the extended hours of operation, subject to the project being brought back to the Planning Commission for review. Attachment 3 June 11, 2009 Community Development Department City of Campbell 70 N. First Street Campbell, CA 95008 RE: Conditional Use Permit Application for Starbucks Coffee Company at 1696 S. Bascom Avenue, Campbell, CA 95008 To Whom It May Concern: I wanted to take the opportunity to address the Planning Department with a Letter of Justification and/or Brief Description of our Proposed Project. Starbucks Coffee Company is a small coffee house that is company-operated. We hire local residents and offer our partners (employees) great compensation and incentives. The current permitted hours of business are from 6 am to 1 lpm and we would like to obtain a Use Permit to extend the business hours to S:OOam - 1 1:30pm. Our operational hours would be from 4:15am - 12:OOpm. Furthermore, our use will not impact the existing congestion. The existing ingress and egress are great. We feel that parking will not be an issue since adequate parking spaces are available on site. We do not expect any additional traffic, but hope to be a convenient stop for local residents coming and going from the downtown of Campbell. Again, our proposed use as a tenant at 1696 S. Bascom Avenue will be desirable to the public conveniences and welfare, will not impair the integrity and character of the zoning district, will not be detrimental to public health, safety or general welfare and will be in harmony with the various elements or objectives of the General Plan and the purpose of this Ordinance. [n fact, 1 am attaching a reference copy of "The Starbucks Story" to better explain how we will continue as a good neighbor in Campbell. If you have any questions or concerns as we construct and open our store, please feel free to contact me on my cell phone at (415) 205-9070. Sincerely, Maggie Knight Facilities Service Manager /Northern California Starbucks Coffee Company 455 North Point, San Francisco, CA 94133 J lJ'~~ ~ 5 2009 CITY vl .~, ,,aIrDELL PLANNING DEPT.