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PC Res 3581 RESOLUTION NO. 3581 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A MODIFICATION (PLN2004-93) TO A PREVIOUSLY APPROVED CONDITIONAL USE PERMIT (UP 95- 18) TO ALLOW EARLY MORNING ACTIVITIES WITHIN AN EXISTING COFFEE SHOP AND CAFÉ ON PROPERTY OWNED BY KIRKORIAN DEVELOPMENT LOCATED AT 1820 W. CAMPBELL AVENUE, SUITE B, IN A C-1-S (NEIGHBORHOOD COMMERCIAL) ZONING DISTRICT. APPLICATION OF MR. ZEDEN JONES, ON BEHALF OF STARBUCKS COFFECT COMPANY. FILE NO.: PLN2004-93. 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 PLN2004-93: 1. The proposed late night activities is consistent with the General Plan land use designation of Neighborhood Commercial and the C-1-S (Neighborhood Commercial) Zoning District. 2. The project site consists of a 19,437 square foot lot, developed with 4,464 square feet of building area, 5,890 square feet oflandscaping, and 9,083 square feet of paving. 3. The completed project would consist of a 1,725 square foot tenant space within an existing 4,455 square foot multi-tenant commercial building. 4. The subject property is surrounded by single-family residences to the north, multi-family residential to the south, multi-tenant commercial uses to the east, and a gas station to the west. 5. The proposed project provides 20 indoor seats and 12 outdoor seats for a total of 32 seats. 6. The hours of operation shall be restricted to 4:30 a.m. to 10:30 p.m. daily for employees and 5 :00 a.m. to 10:00 p.m. daily for the coffee shop open to the public. 7. The proposed project is consistent with other developments and uses in the surrounding area. 8. The project qualifies as a Categorically Exempt project per Section 15301, Class l(a) (Existing Facilities) of the California Environmental Quality Act (CEQA). Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: Planning Commission Resolution No. 3581 PLN2004-93 - 1820 W. Campbell Avenue - Modification to Use Permit -- Starbucks Page 2 1. The proposed site is adequate in size and shape to accommodate the proposed use and the applicant has indicated that appropriate supervision will be provided to conduct the business in a complementary manner. 2. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such uses would generate. 3. The proposed establishment, as conditioned, is compatible with the adjacent land uses and the surrounding neighborhood. 4. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 5. 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. 6. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves a Modification (PLN2004-93) to a previously approved Conditional Use Permit (UP 95-18) to allow early morning operational hours within an existing coffee shop on property owned by Kirkorian Development located at 1820 W. Campbell Avenue in a C-1-S (Neighborhood Commercial) Zoning District, subject to the following conditions. 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. Approved Proiect: Approval is granted for a Modification (PLN2004-93) to a previously approved Conditional Use Permit (UP 95-18) to allow late night activities within an existing coffee shop and café located at 1820 W. Campbell Avenue, Suite B. Approval shall substantially conform to the project exhibits listed below, except as may be modified by the Conditions of Approval contained herein: a. Project plans prepared by Starbucks Coffee Company, including a site plan, floor plans, and elevations stamped as received by the Planning Division on July 23,2004. Planning Commission Resolution No. 3581 PLN2004-93 - 1820 W. Campbell Avenue - Modification to Use Permit -- Starbucks Page 3 2. Approval Expiration: The Modification approval shall be valid for one year from the date of final approval. Within this one-year period the use must be established on the property and conditions of approval satisfied. Failure to establish such use within one year from the date of final approval or to satisfy the conditions of approval will result in the Modification being void. 3. Revocation of Permit: Operation of the use in violation ofthe 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. 4. 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. 5. Outdoor Storage: No outdoor storage is permitted on the subject property. No equipment, materials or business vehicles shall be parked and/or stored outside the building or within the parking lot. 6. Hours of Operation: The hours of operation shall be restricted to 4:30 a.m. to 10:30 p.m. daily for employees and 5:00 a.m. to 10:00 p.m. daily for the coffee shop open to the public. 7. Previous Conditions of Approval: All previous conditions of approval shall remain in effect as stipulated in Planning Commission Resolution No. 3003 and 3004 for approval of the Use Permit (UP 95-18), except as herein modified by the conditions of approval for the Modification. 8. 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. 9. ~: No sign age is permitted as part of the development application approved herein. New signage shall not be installed prior to approval of a sign permit as required by Chapter 21.53 of the Campbell Municipal Code. Planning Commission Resolution No. 3581 PLN2004-93 - 1820 W. Campbell Avenue - Modification to Use Permit -- Starbucks Page 4 PASSED AND ADOPTED this 24th day of August, 2004, by the following roll call vote: AYES: Commissioners: Alderete, Doorley, Francois, Hernandez, Rocha and Roseberry None Gibbons None NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: APPROVED: ATTEST: ~ ~ / Sharon Fierro, Secretary