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.
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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
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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