Use Permit - 2009Community Development Department
August 17, 2009
Maggie Knight
Facilities Service Manager
Starbucks Coffee Company
455 North Point St.
San Francisco, CA 94133
Re: Outdoor Seating Permit
File No: PLN2009-86
267 E. Campbell Ave.
Dear Ms. Knight,
The Planning Division has conditionally approved your Outdoor Seating Permit
application (PLN2009-86) for the Downtown Campbell Starbucks cafe located at 267 E.
Campbell Avenue. Your application has been approved subject to the following
conditions or approval:
1. All seating is to be of the approved type and arranged as shown on the approved
plans.
2. Seating is limited to 12 seats, as shown on the approved site plan.
3. Afour-foot-wide pedestrian walkway shall be maintained at all times along the
public sidewalk. This walkway shall provide for pedestrian access to doorways,
crosswalks, and along the public sidewalk.
4. All tables, seats, and displays shall be placed inside at the end of each business day.
5. Two (2) trash cans shall be kept and maintained in the vestibule entryway against
the storefront and visible from the street.
6. One (1) trash shall be kept and maintained outside the back door.
7. The canopies of the umbrellas associated with any outdoor tables shall maintain a
minimum vertical clearance of seven feet.
August 13, 2009
Mr. Jeffrey Eaton
JE Architects
1155 Meridian Avenue, #208
San Jose, CA 95125
Re: PLN2009-61 - 267 E. Campbell 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. 3956 approving a Conditional Use Permit (PLN2009-61) 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.
Si c ely,
Daniel Fama
Assistant Planner
cc Paul Kermoyan, Planning Manager
Ed Arango, Associate Engineer
Frank Mills, Senior Building Inspector
Chris Veargason, Deputy Fire Marshall II
267 E Campbell, LLC, P.O. Box 934, Campbell, CA 95008
RESOLUTION NO. 3956
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE
PERMIT (PLN2009-61) TO ALLOW LATE NIGHT OPERATIONS
FOR AN EXISTING STARBUCK'S CAFE ON PROPERTY OWNED
BY 267 EAST CAMPBELL, LLC, LOCATED AT 267 E. CAMPBELL
AVENUE IN THE C-3-S (CENTRAL COMMERCIAL) ZONING
DISTRICT. APPLICATION OF MR. JEFFREY EATON, JE
ARCHITECTS, ON BEHALF OF STARBUCKS COFFEE COMPANY.
FILE NO.: PLN2009-61.
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 PLN2009-61:
1. The proposed late night operational hours in conjunction with the existing cafe are
consistent with the Central Commercial General Plan land use designation.
2. The proposed late night operational in conjunction with the existing cafe will be
compatible with the C-3 (Central 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 7,700 square-foot
property.
4. The project site is located at the northwest corner of South First Street and East
Campbell Avenue.
5. The project site is adjacent to commercial uses in all directions.
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 Resc,.~~ion No. 3956
PLN2009-61 - 267 E. Campbell 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 (PLN2009-61) to allow late night operations for an existing Starbucks Cafe on
Planning Commission Reso~uiion No. 3956
PLN2009-61 - 267 E. Campbell Avenue -Use Permit -Late Night Hours
Page 3
property owned by 267 East Campbell, LLC, located 267 E. Campbell Avenue in a C-3-S
(Central 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
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 (PLN2009-61) to
allow late night operational hours at 267 E. Campbell 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
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.
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
Planning Commission Resolution No. 3956
PLN2009-61 - 267 E. Campbell Avenue -Use Permit -Late Night Hours
Page 4
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. 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, including the rear parking lot.
6. 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 11th day of August, 2009, by the following roll call vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
ATTEST:
Alderete, Ebner, Gairaud, Gibbons and Roseberry
None
Alster and Rocha
None
APPROVED:
CITY OF CAMPBELL • PLANNING COMMISSION
Staff Report • August 11, 2009
Public Hearing to consider the application of Mr. Jefferey Eaton on
PLN2009-61 behalf of Starbucks Coffee Company, for a Conditional Use Permit
Eaton, J. (PLN2009-61) to allow late night operational hours for an existing
Starbucks cafe on property owned by 267 East Campbell Ave. LLC.,
located at 267 E. Campbell Avenue in a C-3 (Central Commercial)
Zoning District.
STAFF RECOMMENDATION
That the Planning Commission take the following action:
1. Adopt a Resolution, incorporating the attached findings, approving a Conditional Use
Permit (PLN2009-61) 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:
7,700 square-feet
4:00 AM - 12:00 AM
5:00 AM - 11:30 PM
1,580 square feet
42 seats (30 interior + 12 exterior)
Provided Parking: 8 shared spaces
Parking Required: None required*
*CMC § 21.10.060.I(3)(a): "Retail uses and standard restaurants may occupy an
existing building and shall not be required to provide additional parking unless the
building is expanded."
DISCUSSION
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).
Staff Report.., Planning Commission Meeting of August 11, 2009 Page 2 of 3
PLN2009-61 /86 ~ 267 E. Campbell Avenue
Project Location: The project site is located in Downtown Campbell, at the northwest corner of
South First Street and East Campbell Avenue in the DeVries Building (reference Attachment 4 -
Location Map). The site is adjacent to commercial uses in all directions.
Back rg ound: 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 more than 12 outdoor seats. In review of an unrelated
application, it came to staffs attention that the Starbucks in Hamilton Plaza, as well as this
location, did not have a Conditional Use Permit 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 Central
Commercial. The zoning designation for the project site is C-3 (Central Commercial). The C-3
Zoning District allows a cafe as a permitted use, as specified by the Campbell Municipal Code
(CMC) § 21.10.060(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-3
Zoning District.
Late-Night Operations: The applicant is requesting approval to operate the cafe as follows:
• Business Hours 5:00 AM to 11:30 PM
• Operational Hours: 4:00 AM to 12:00 AM
This Starbucks location has been in operation since 1999 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.
Parkin: The subject building is one of four parcels that share a common parking lot controlled
by a reciprocal parking agreement originating in the 1950's, which allows shared parking among
the properties. This property's share of parking within the common lot is eight spaces.
Restaurants in the C-3 (Central Commercial) Zoning District are permitted without additional
parking, pursuant to CMC § 21.10.060.I(3)(a), so long as the building housing the restaurant is
Staff Report,., Planning Commission Meeting of August 11, 2009 Page 3 of 3
PLN2009-61 /86 ~ 267 E. Campbell Avenue
not expanded. As the application for late-night operations does not include an expansion of the
building, a greater parking demand is not incurred.
Police Department Review: The Campbell Police Department has reviewed the application and
has no 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. PLN2009-61 /86
2. Conditions of Approval for File No. PLN2009-61/86
3. Applicant's Written Statement, dated June 15, 2009
4. Location Map
5. Project Plans, dated June 15, 2009
6. Applicant's Site Photo p
Prepared by: ~~.~-~ ``-
Daniel Fama, Assistant Planner
Reviewed by:
Paul'Keoyan, Planning Manager
Approved by:
Community Development Director
Attachment # 1
FINDINGS FOR APPROVAL OF FILE NO. PLN2009-61/86
SITE ADDRESS: 267 E. Campbell Avenue
APPLICANT: Jeffrey Eaton on behalf of Starbucks Coffee Company
OWNER: 267 E. Campbell Ave., LLC
P.C. MEETING: August 11, 2009
APN: 279-41-039
Findin sg for approval of a Conditional Use Permit to allow late night operational hours for an
existin cafe ,Starbucks, on property located at 267 E. Campbell Avenue.
The Planning Commission finds as follows with regard to file number PLN2009-61/86:
1. The proposed late night operational hours in conjunction with the existing cafe are consistent
with the Central Commercial General Plan land use designation.
2. The proposed late night operational in conjunction with the existing cafe will be compatible
with the C-3 (Central 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 7,700 square-foot property.
4. The project site is located at the northwest corner of South First Street and East Campbell
Avenue.
5. The project site is adjacent to commercial uses in all directions.
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.
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.
Attachment # 2
CONDITIONS OF APPROVAL FOR FILE NO. PLN2009-61/86
SITE ADDRESS: 267 E. Campbell Avenue
APPLICANT: Jeffrey Eaton on behalf of Starbucks Coffee Company
OWNER: 267 E. Campbell Ave., LLC
P.C. MEETING: August 11, 2009
APN: 279-41-039
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 (PLN2009-61) to allow
late night operational hours at 267 E. Campbell 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. 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, including the rear parking lot.
6. 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 ems: 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 267 E. Campbell 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 267 E. Campbell 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. In fact, I am attaching a reference cop}'
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
~EDEIVED
JUN 15 2009
~PLA~NING DEPT L