Loading...
PC Res 4204RESOLUTION NO. 4204 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A MODIFICATION (PLN2015-120) TO A PREVIOUS SITE APPROVAL ("S" 98-17) ALLOWING CHANGES TO THE ORIGINAL FLOOR PLAN RESULTING IN THE INCORPORATION OF ARTWORK ON THE INTERIOR OF THE EASTERNMOST STOREFRONT WINDOW ALONG E. CAMPBELL AVENUE TO BE REVIEWED AND APPROVED BY THE COMMUNITY DEVELOPMENT DIRECTOR ON PROPERTY LOCATED AT 368 E. CAMPBELL AVENUE. FILE NO. PLN2015-120. After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. The Planning Commission finds as follows with regard to file number PLN2015-120: 1. The project site is zoned C-3 (Central Business District) and designated Central Commercial by the General Plan Land Use Map. 2. The project site is located on the southeast corner of East Campbell Avenue and Central Avenue. 3. On June 17, 2014, the City Council approved a Conditional Use Permit to allow the establishment of a restaurant on the first floor of the subject building and retention of office uses on the second floor. 4. The proposed modification will allow for the relocation of the restroom to a location for which there are no other alternatives. 5. The modification to the exterior of the building elevation and window does not have an adverse aesthetic impact on the building or the surrounding area. 6. The proposed project requires approval of a Modification to the "S 98-17" Site and Architectural Approval pursuant to the Campbell Municipal Code Sec. 21.56.060 as a "major change". Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed modification, as conditioned, is consistent with the General Plan. 2. The project will aid in the harmonious development of the immediate area. 3. The project is consistent with the applicable adopted design guidelines. 4. The project is Categorically Exempt under Section 15301 Class 1 of the California Environment Quality Act (CEQA), pertaining to minor alterations to an existing private Planning Commission Resolution No. 4204 368 E. Campbell Avenue (Socialight) Modification to a Site Approval Page 2 structure, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Modification (PLN2015-120) to a previous Site Approval ("S" 98-17) to allow changes to the original floor plan resulting in the incorporation of artwork on the interior of the easternmost storefront window facing E. Campbell Avenue on property located at 368 E. Campbell Avenue, subject to the attached Conditions of Approval (attached Exhibit "A"). PASSED AND ADOPTED this 28th day of April, 2015, by the following roll call vote: AYES: Commissioners: Reynolds, Bonhagen, Rich, Kendall, Young, Finch NOES: Commissioners: None ABSENT: Commissioners Dodd ABSTAIN: Commissioners: None ,~ APPROVED: - , Pamela Finch, Chair ~~ ATTEST: Paul Ker`moyan, Secretary CONDITIONS OF APPROVAL Modification to a Site Approval (PL2015-120) 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 1. Approved Project: Approval is granted for a Modification (PLN2015-120) to a previously- approved Site and Architectural Approval (S 98-17) to allow the relocation of a restroom to the area adjacent to the easternmost storefront arched window, and install artwork to be painted on the inside of the easternmost storefront window along E. Campbell Avenue to conceal the restroom location, on property located at 368 E. Campbell Avenue. The project shall substantially comply with the approved floor plan of the approved Building Plans per Attachment 5 of the staff report, except as modified by the Conditions of Approval herein. 2. Previous Conditions of Approval: Upon the effective date of the Resolution approving this Modification (PLN2015-120), the previously approved Conditions of Approval under PLN2014-57 provided in City Council Resolution No. 11694 and the previously approved Site and Architectural Approval S 98-17 provided in Planning Commission Resolution No. 3206 shall still remain in effect, except for the modification approved herein. 3. Approval Expiration: The entitlement approval granted by the Modified Site and Architectural Permit Approval shall be valid for one year from the date of final approval (expiring April 28, 2016). Within this one-year period, an application for a building permit must be submitted. Failure to meet this deadline will result in the Site and Architectural Review Permit being rendered void. 4. Window Artwork: The applicant shall submit a drawing prepared by an artist reflecting the inclusion of window painting that simulates the interior of the restaurant as viewed from pedestrians on the sidewalk. The artwork shall be applied to the interior of the window. The artwork shall be painted so that it will not be defaced. When applied to the interior, the artist may consider including window lighting that could be adjusted to achieve consistency with the lighting levels of the interior. Within 30 days of the Planning Commission's decision, the applicant shall consult with an artist and present a sketch of the art to the Community Development Director. At that time, the Director will either approve or reject the sketch if it does not clearly depict the actual restaurant interior. Any future restaurant at this site will need to alter the artwork to maintain consistency with the interior. Prior to any Final Occupancy of the business, the applicant shall submit a $5,000 cash bond to ensure that this condition is satisfied. Upon completion of the artwork, the City shall release the cash bond in its entirety including interest. Conditions of Approval ~ 368 E. Campbell Avenue. PLN2015-120 Pape 2 Said work shall be completed within 21 days following the Director's approval of the artwork. Staff will then inspect to ensure compliance. 5. signage: No signage has been approved as part of this development application. New signage shall not be installed prior to approval of a sign permit as required by CMC 21.10.060.x. The allowable sign materials for the project site shall include enameled metal, painted wood, cast metal, painted fabric (awning signage), and similar materials. Plastic signage of any type, whether individual letters or as part of a box (or cabinet), shall not be approved. No signage shall be placed on any of the windows on the building. 6. Restroom: The restroom facilities shall be located in the location as shown on the approved floor plan of the approved Building Plans adjacent to the easternmost arched storefront window facing East Campbell Avenue. The restrooms shall not be expanded to further encroach and create visibility impacts on other windows.