PC Res 4268 RevisedRESOLUTION NO. 4268
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A LIMITED TERM (7-
YEAR) CONDITIONAL USE PERMIT TO ALLOW A
CONTROLLED (PAID FOR) PARKING LOT WITH LATE NIGHT
ACTIVITIES (24-HOUR AUTOMATED OPERATION) AT 345 E.
CAMPBELL AVENUE AND 39 N. CENTRAL AVENUE
(PORTION).
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. PLN2014-181:
1. The project site is zoned C-3 (Central Business District) and is designated with a
Central Commercial land use designation by the General Plan.
2. The project site is located on the north side of East Campbell Avenue, between N.
Central Avenue and N. First Street.
3. The controlled (paid for) parking lot with 24-hour automated operations is considered a
"motor vehicle parking facility" and "late night activity", subject to approval of a
Conditional Use Permit, consistent with CMC 21.46.040.
4. The proposed parking lot would encompass all 7,130 square feet of 345 E. Campbell
Avenue and 2,601 square feet of the rear of 39 N. Central Avenue for a total of 14,117
square feet.
5. The proposed parking lot would provide 22 parking spaces, of which one would be
accessible. No motorcycle parking spaces are proposed.
6. The facility would be automated twenty-four hours a day with no live attendant.
7. The Planning Commission's review of the proposed project encompassed zoning and
General Plan land use conformance, noise impacts, parking, property maintenance,
odors, security and enforcement.
8. Applicable General Plan and Downtown Development Plan Policies and Strategies
considered by the Planning Commission include:
Strategy LU'T-13.2a: Downtown Parkin: Provide sufficient parking in the Downtown area to address long-
term (employee) and short-term (customer) parking.
Strategy LUT-13.2b: Downtown Parkinu Efficiency: Encourage parking strategies in the Downtown area that
maximize the efficient use of parking.
Strategy CPT-3.2a: Maintain existing mid-block parking. New development and major additions to existing
development shall provide access to mid-block parking where possible.
Strategy CPT-3.2b: Parking facilities or vehicular access to parking facilities from East Campbell Avenue
should be avoided when possible and discouraged with new development.
Planning Commission Resolution No. 4268 Page 2 of 3
PLN2014-181 -Conditional Use Permit for Parking Lot
345 E. Campbell Avenue & 39 N. Central Avenue
Policy LU-2.1: Ground Level Commercial: Develop and maintain the ground floor space along East
Campbell Avenue between Third Street and the light rail tracks as a distinctive retail and
restaurant experience with ground floor uses that are diverse and interesting and
contribute strongly to a distinctive and unique shopping experience.
Strategy LU-2. I a: Restrict the use of ground floor commercial space along East Campbell Avenue to
retail/restaurant uses.
Strategy LU"I-19.Ib: Pedestrian-Orientation: Reinforce East Campbell Avenue as apedestrian-oriented retail
street.
Policy Ll1-l . I : Development Potential To maximize the development potential of property within the
C-3 zone, particularly ground floor retail and restaurant space.
Strategy I.U-l.la: Encourage the development and redevelopment of property in the C-3 zone, by
developing land use strategies and incentives that create attractive functional ground
floor retail space along Campbell Avenue.
Strategy I,UT"-5.3f: Redevelopment: Facilitate redevelopment opportunities that further revitalization efforts
in the Downtown commercial area.
9. The proposed parking lot, if approved as a permanent use, would be inconsistent with
the various land use, urban design, and transportation polices considered by the
Planning Commission, and with the City's overall vision of the Downtown as a
pedestrian-oriented district. However, aterm-limited approval of no more than 5 years
is appropriate with respect to potential land use and policy changes that may result
from the Envision Campbell General Plan update and the potential creation of new
public parking facilities that may be constructed as part of the Civic Center Master Plan.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
10. The proposed use is allowed within the applicable zoning district with Conditional Use
Permit approval, and complies, as conditianed, with all other applicable provisions of
this Zoning Code and the Campbell Municipal Code.
11. The proposed use, as conditioned and with a limited term of five (5) years, is
consistent with the General Plan.
12. As conditioned, 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.
13. As conditioned, 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.
14. The design, location, size, and operating characteristics of the proposed use, as
conditioned, are compatible with the existing and future land uses on-site and in the
vicinity of the subject property.
15. The establishment, maintenance, or operation of the proposed use, as conditioned, at
the location proposed will not be detrimental to the comfort, health, morals, peace,
Planning Commission Resolution No. 4268 Page 3 of 3
PLN2014-181 -Conditional Use Permit for Parking Lot
345 E. Campbell Avenue & 39 N. Central Avenue
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.
16. The project is Categorically Exempt under Section 15304 (Class 4) of the CEQA
Guidelines pertaining to minor alterations to land as the project would include only a
"minor temporary use of land having negligible or no permanent effects on the
environment."
THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional
Use Permit (PLN2014-181), subject to the attached recommended Conditions of Approval
(attached Exhibit A).
PASSED AND ADOPTED this 8th day of December, 2015, by the following roll call vote:
AYES: Commissioners: Bonhagen, Finch, Kendall, Rich, and Reynolds
NOES: Commissioners: Young and Dodd
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
APPROVED:
,~ ~ ,~ Pamela F' c ,Chair
ATTEST: V `-~ ~-
Paul Ke oyan, Secretary
EXHIBIT A
CONDITIONS OF APPROVAL
Conditional Use Permit (PLN2014-181)
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 limited term (7-year) Conditional Use
Permit (PLN2014-181) to allow a controlled (paid for) parking lot with late night
activities (24-hour automated operation) at 345 E. Campbell Avenue and utilizing a
small portion of the rear of 39 N. Central Avenue. The project shall substantially
conform to the Downtown Parking Lot Proposal, stamped as received by the Planning
Division on June 19, 2014 and the Project Plans, Supplemental Response, and Intent
to Record a Reciprocal Access Agreement as stamped as received by the Planning
Division on October 8, 2015, except as may be modified by the conditions of approval
contained herein.
2. Permit Expiration: Within one year (December 8, 2016), the applicant shall have
fulfilled all conditions of approval, obtained and secured final inspection of a building
permit, and commenced operation of the parking lot. Failure to meet this deadline will
result in the approval being rendered void.
3. Limited Term Permit: The Conditional Use Permit approved herein shall valid for a
period of seven (7) years from the effective date of Planning Commission approval
(December 18, 2022), at which time the Conditional Use Permit shall be rendered void.
At such time, the applicant and/or property owner shall cause removal of all parking lot
improvements (i.e., lights, signs, fences, barriers, etc.), including removal of the parking
space striping, within thirty (30) days (no later than January 17, 2023). If the parking lot
use is not discontinued and/or the associated improvements are not removed by the
specified time periods, the applicant and property owner shall be liable for all City staff
and legal cost associated with any enforcement, abatement, and/or civil action or
proceedings necessary to ensure cessation of the use.
4. No Vested Right: No vested right to permanent operation of a parking lot shall be
conferred by the City's action to grant alimited-term land use approval.
5. Reciprocal Parking and Access Covenant: Prior to submittal of building permits, a
covenant running with the land shall be recorded by the owner to both 345 E. Campbell
Avenue & 39 N. Central Avenue to memorialize the reciprocal agreement between the
two properties as parking and access for the life of the use and activity served. The
covenant shall include language to allow for reciprocal access between the two
properties for general access, maintenance and vehicular circulation, as well as
flexibility to allow the parking spaces to be reassigned or relocated within the
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development in the event the property is redeveloped. The convent shall include a
termination date commensurate with the five (5) year approval period of the Conditional
Use Permit. The covenant shall be required to be reviewed and approved by the City
Attorney prior to issuance of building permits.
6. Parking Lot Improvements: The application for a building permit shall include
installation, placement, and construction details for all fencing, benches, planters
("furniture"), and wheel stops (required) to be reviewed and approved by the
Community Development Director. All furniture shall be of a durable construction
compatible in material, design and color with other like improvements found in the
Downtown.
7. City Property Connection: Within 30 days of Planning Commission approval, the Public
Works and Community Development Directors shall determine if a pedestrian
connection to the Campbell Historical Museum shall be retained. If a connection is to
be retained, the property owner shall enter into an agreement with the City of Campbell
providing the City specified access rights and indemnifying the City from liability. The
applicant/property owner shall also be required, at no cost to the City, to modify the
interface of the connection as necessary to comply with applicable accessibility
requirements.
8. Operational Standards: A controlled (paid for) parking lot with late night activities
operating pursuant to the Conditional Use Permit approved herein shall conform to the
following operational standards. Significant deviations from these parameters (as
determined by the Community Development Director) shall require approval of a
Modification to the Conditional Use Permit, approved herein.
a. Parking: A minimum of 22 vehicle parking spaces shall be provided on the
project site at all times (no motorcycle parking spaces shall be permitted). This
number may be lowered as required to provide required accessible parking as
may be required to comply with building code requirements.
b. Hours of Operation: Hours of operation shall be as follows. By the end of
'Business Hours' all patrons shall have exited the restaurant. By the end of the
'Operational Hours' all employees shall be off the premises.
• Parking Hours: 24 hours/day, 7 days a week
• Cleanup/Maintenance Hours: 6:00 AM - 10:00 AM, daily
c. Non-Smoking Area: A "No Smoking" sign shall be posted on the premises in
compliance with CMC 6.11.060.
d. Noise: Regardless of decibel level, and taking into consideration the noise
levels generated by a 24-hour parking lot, no noise generated from the
property shall obstruct the free use of neighboring properties so as to
unreasonably interfere with the comfortable enjoyment of the neighboring
residents.
e. Loitering: There shall be no loitering shall be allowed in the parking lot. The
business owner is responsible for monitoring the premises to prevent loitering.
Page 3 of 6
Trash Clean Up 8~ Maintenance: All trash clean up and maintenance
activities shall be conducted between 6:00 AM and 11:00 PM daily.
g. Parking Assignment: All parking spaces shall be made available on a first
come, first serve basis. Parking spaces shall not be reserved or otherwise
restricted for any individual or organization.
h. Lighting: The parking lot shall be adequately lit during the nighttime hours in
compliance with the City Lighting Design Standards (CMC Sec. 21.18.090).
Should the existing pack lights on the adjacent building wall be removed, the
applicant shall install photovoltaic-powered pole mounted lighting fixtures that
do not require installation of new overhead or underground electrical conduit.
i. Landscaping ~ Landscape Maintenance: The applicant shall provide
landscaping to beautify the frontage of the property subject to review and
approval by the Community Development Director. All landscaped areas shall
be continuously maintained in accordance with City Landscaping
Requirements (CMC 21.26). Landscaped areas shall be watered on a regular
basis so as to maintain healthy plants. Landscaped areas shall be kept free of
weeds, trash, and litter. Dead or unhealthy plants shall be replaced with
healthy plants of the same or similar type.
j. Outdoor Activity 8~ Storage: No outdoor activity or outdoor storage is
permitted.
k. Signs: The applicant will be required to install signs indicating parking price(s),
parking lot policies, towing warnings, and the dates of special events (First
Fridays, Second Saturdays, Wine Walk, Summer Concert Series, Carol of
Lights, Christmas in Campbell, and other events such as the Farmer's Market,
Bunnies and Bonnets Parade, Boogie on the Avenue, and Oktoberfest). The
final wording, size, and location of the signs shall be subject to the review and
approval by the Community Development Director.
9. Revocation of Permit: Operation of a controlled (paid for parking lot) with late night
operations pursuant to the Conditional Use Permit approved herein is subject to Sections
21.68.020, 21.68.030 and 21.68.040 of the Campbell Municipal Code authorizing the
appropriate decision making body to modify or revoke a Conditional Use Permit if it is
determined that operation has become a nuisance to the City's public health, safety or
welfare or for violation of the Conditional Use Permit or any standards, codes, or
ordinances of the City of Campbell.
At the discretion of the Community Development Director, if the parking lot generates
three (3) verifiable complaints related to noise, nuisance and/or violations of conditions of
approval, within a six (6) month period, a public hearing before the Planning Commission
may be scheduled to consider modifying conditions of approval or revoking its
Conditional Use Permit. The Community Development Director may commence
proceedings for the revocation or modification of use permits upon the occurrence of less
than three (3) complaints if the Community Development Director determines that the
alleged violation warrants such an action. In exercising this authority, the decision
making body may consider the following factors, among others:
Page 4 of 6
a. The number and types of Police Department calls for service at or near the
establishment that are reasonably determined to be a direct result of customer
actions;
b. The number of complaints received from residents, business owners and other
citizens concerning the operation of an establishment;
c.The number of arrests for alcohol, drug, disturbing the peace, fighting and public
nuisance violations associated with the parking lot;
d. The severity and duration of noise complaints; and
e. The extent that conditions of approval were knowingly violated
Building Division:
10. Permits Required: A building permit application shall be required for the proposed new
commercial parking lot. The building permit shall include Electrical/Plumbing/Mechanical
fees when such work is part of the permit.
11. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet
of construction plans submitted for building permit.
12. Size of Plans: The minimum size of construction plans submitted for building permits
shall be 24 in. X 36 in.
13. 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.
14. Site Plan: Application for building permit shall include a competent site plan that
identifies property 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.
15. Special Inspections: When a special inspection is required by C.B.C. Chapter 17, 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 C.B.C Appendix Chapter 1, Section 106. Please obtain City of
Campbell, Special Inspection forms from the Building Inspection Division Counter.
16. Non-point Pollution Control Program: 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" X 36") is available at the Building Division
service counter.
17. 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.
Page 5 of 6
18. Title 24 Accessibility -New Commercial: This project shall comply fully with Chapter
11 B of the California Building Code 2013 ed.
19.Approvals Required: The project requires the following agency approval prior to
issuance of the building permit:
a. Santa Clara County Fire Department (378-4010)
20. P.G. &E: Applicant is advised to contact Pacific Gas and Electric Company 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. Applicant should also consult with P.G. and E. concerning utility easements,
distribution pole locations and required conductor clearances.
PUBLIC WORKS DEPARTMENT
21. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building
permits, the applicant shall comply with the National Pollution Discharge Elimination
System (NPDES) permit requirements, Santa Clara Valley Water District requirements,
and the Campbell Municipal Code regarding stormwater pollution prevention. The
primary objectives are to improve the quality and reduce the quantity of stormwater
runoff to the bay.
Resources to achieve these objectives include Stormwater Best Management Practices
Handbook for New Development and Redevelopment ("CA BMP Handbook") by the
California Stormwater Quality Association (CASQA), 2003; Start at the Source: A
Design Guidance Manual for Stormwater Quality Protection ("Start at the Source") by the
Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using
Site Design Techniques to Meet Development Standards for Stormwater Quality: A
Companion Document to Start at the Source ("Using Site Design Techniques") by
BASMAA, 2003.
22. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant
shall submit a utility coordination plan and schedule for approval by the City Engineer for
installation and/or abandonment of all utilities. The plan shall clearly show the location
and size of all existing utilities and the associated main lines; indicate which utilities and
services are to remain; which utilities and services are to be abandoned, and where new
utilities and services will be installed. Joint trenches for new utilities shall be used
whenever possible.
23. Pavement Restoration: Based on the utility coordination plan, the applicant shall prepare
a pavement restoration plan for approval by the City Engineer prior to any utility
installation or abandonment. The pavement restoration plan shall indicate how the street
pavement shall be restored following the installation or abandonment of all utilities
necessary for the project.
24. Utility Encroachment Permit: Separate encroachment permits for the installation of
utilities to serve the development will be required (including water, sewer, gas, electric,
etc.). Applicant shall apply for and pay all necessary fees for utility permits for sanitary
sewer, gas, water, electric and all other utility work.
Page 6 of 6
25. Additional Street Improvements
new utility main lines, extra
development, and should thos
the City may add conditions to
City Engineer, to restore pave
the City.
Should it be discovered after the approval process that
utility work or other work is required to service the
e facilities or other work affect any public improvements,
the develop~ment/project/permit, at the discretion of the
ment or other public improvements to the satisfaction of