PC Res 4283RESOLUTION NO. 4283
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL DENYING A MODIFICATION
(PLN2016-18) TO A PREVIOUSLY-APPROVED SITE AND
ARCHITECTURAL REVIEW PERMIT (S 98-17 / PLN2015-120)
REJECTING RECONSIDERATION OF A PREVIOUS PLANNING
COMMISSION REQUIREMENT TO INCORPORATE ARTWORK
INTO A STOREFRONT WINDOW ON PROPERTY LOCATED AT
368 E. CAMPBELL AVENUE. FILE NO.: PLN2016-18
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 No. PLN2016-18:
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.
4. As part of the interior construction for the new restaurant, astreet-facing window
was allowed to be "blacked-out" with heavy window tinting. This change constituted
a "major change," requiring approval of a Modification to the "S 98-17" Site and
Architectural Approval pursuant to the Campbell Municipal Code Sec. 21.56.060.
5. On April 28, 2015, the Planning Commission approved a Modification (PLN2015-
120) to a previously approved Site and Architectural Review Permit (S 98-17) to
allow obstruction of a window subject to the window being treated with artwork
representative of the interior of the restaurant. The Planning Commission
determined that allowing the window to be obscured with heavy tinting was
inconsistent with the S 98-17 and the Downtown Development Plan.
6. Requiring the window to be treated with artwork is consistent with the Downtown
Development Plan:
Strategy D-2.1 b: Creative and attractive display windows shall be encouraged on the ground
floor to enliven the pedestrian street environment.
Strategy D-2.1e: Office uses along Campbell Avenue shall provide elements of visual interest
along the street. Covered windows or shaded windows shall not be allowed,
particularly on the ground floor.
7. Prohibiting the heavy tinting of the building is consistent with CMC Sec.
21.10.006.J.6, subsections 'c,' and 'b,' below:
c. Walls facing pedestrian ways should have elements of visual interest, such as fenestration,
displays, signing, or landscaping, unless the effect of such elements would be clearly contrary
Planning Commission Resolution No. 4283 Page 2 of 2
PLN2016-18 -Modification to Site and Architectural Approval
368 E. Campbell Ave.
to the purposes of this chapter. Large areas of blank walls should not be permitted unless it is
demonstrated that such blank areas are clearly more appropriate and harmonious than would
be the case if elements of visual interest were incorporated.
f. Doors and windows shall be of clear glass. Unglazed wood doors, screen doors and doors or
windows of heavily tinted or reflective glass should not be approved unless it is
demonstrated that such doors and windows are the only structurally or architecturally suitable
form for the particular project or location.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The project is not consistent with the general plan;
2. The project will not aid in the harmonious development of the immediate area; and
3. The project is not consistent with applicable adopted design guidelines.
PASSED AND ADOPTED this 22nd day of March, 2016, by the following roll call vote:
AYES: Commissioners
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
Finch, Kendall, and Young
Reynolds, Rich
Dodd, Bonhagen
None
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APPROVED: -' ~~~ ~~`~~~ //
Yvonne Kendall, Acting Chair
ATTEST: U
Paul Kermoya ,Secretary