PC Res 4653RESOLUTION NO. 4653
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL GRANTING APPROVAL OF A CONDITIONAL
USE PERMIT (PLN-2022-48) TO ALLOW FOR A PROFESSIONAL
OFFICE USE AND A BANK AND FINANCIAL SERVICE USE TO
LOCATE ON THE GROUND FLOOR OF A THREE-STORY BUILDING
LOCATED AT 30 SOUTH FIRST STREET IN THE C-3 (CENTRAL
BUSINESS DISTRICT) ZONING DISTRICT.
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 did find as follows with regard to application PLN-2022-48:
1. In February 2017, a Site and Architectural Review Permit was approved by the Planning
Commission for the construction of a 10,819 square foot addition to an existing building
located at 276 E. Campbell Avenue (notable tenants include: Opa! Campbell, Mo’s
Campbell, and Willard Hicks Campbell).
2. In March 2017, an appeal of the Planning Commission decision was filed. Broadly
speaking, the appeal asserted that the Planning Commission’s decision was inconsistent
with the Downtown Master Plan. In April 2017, the City Council denied the appeal and
upheld the Planning Commission decision and approved a parking modification allowing
a reduction in the number of required parking spaces.
3. At the August 13, 2019 Planning Commission Meeting, the draft C-3 ordinance at the
time contemplated included prohibiting professional office outright in the C-3 zoning
district, however, the Planning Commission felt that was overly restrictive and allowed
professional office as a Conditional Use.
4. In September 2020, the City Council adopted a zoning code text amendment which
included changes to the C-3 (Central Commercial District) Zoning District. Of the text
amendments adopted, a requirement for a Conditional Use Permit was imposed for
ground-floor professional office and banks and financial services. Prior to this zoning text
amendments, Conditional Use Permits were required for bank and financial service uses.
Professional offices were allowed by-right except if it was on the ground floor or parcels
abutting East Campbell Avenue east of Second Street, if certain standards were met: a)
the business is located in a separate tenant space that is a minimum of fifty feet from the
East Campbell Avenue property line; and b) the separate tenant space does not have a
door or entrance that takes access from East Campbell Avenue.
5. On May 5, 2022, a Conditional Use Permit application was submitted to allow for a
professional office and bank and financial service use to locate on the ground floor of a
three-story building. A professional office use and a bank and financial service use on
the upper floors in the C-3 zoning district do not require a Conditional Use permit.
Planning Commission Resolution No. 4653 Page 2 of 4
30 South First Street
Conditional Use Permit (PLN-2022-48) – Professional Office & Bank and Financial Service
6. The subject use, professional office use and bank and financial service use will occupy
approximately 805 square feet of the ground floor.
7. The project site is the approximately 15,932 square foot lot containing one three-story
commercial building located at 276 E. Campbell Avenue/30 South First Street.
8. As described by the applicant's Project Description, the Professional Office and Bank
and Financial Service uses will occupy the ground floor of a three-story building.
9. The proposal does not result in any additional floor area.
10. The business would operate between 7:00 A.M. to 6:00 P.M. Monday through Friday,
and accordingly, would not constitute a late-night use. The business will be closed on
Sundays.
11. The project site is zoned C-3 (Central Business District) and designated Central
Commercial by the General Plan.
12. In the C-3 (Central Business District) zoning district, ‘Professional Office’ and ‘Bank and
Financial Service Use’ are identified as a Conditional Use if located on the ground floor.
A Professional Office and Bank and Financial Service Use would not require a Conditional
Use Permit if located on upper floors.
13. A ‘Professional Office’ is defined by CMC 21.72 as follows:
“Professional office" means professional or government offices including:
administrative; accounting, auditing, and bookkeeping services; advertising
agencies; architectural, engineering, planning and surveying services; attorneys;
counseling services; court reporting services; data processing and computer
services; detective processing and computer services; educational, scientific and
research organizations; Employment, stenographic, secretarial and word
processing services; Insurance agencies; Government offices including agency and
administrative office facilities; Management, public relations and consulting services
philanthropic enterprises; Philanthropic enterprises; Photography and commercial
art studios; Public utilities; Real estate services; Travel agencies; Writers and artists
offices outside the home. It does not include medical offices, financial institutions).”
14. A ‘Bank and Financial Service use’ is defined by CMC 21.72 as follows:
“Bank and financial service use” means financial institutions including: Banks and
trust companies; Credit agencies; Holding (but not primarily operating) companies;
Lending and thrift institutions; Other investment companies; Securities/commodity
contract brokers and dealers; Security and commodity exchanges; Vehicle finance
(equity) leasing agencies. But does not include Check cashing or Payday lending.
15. The project site does provide any parking spaces, based on a prior approval of a Parking
Modification Permit (PLN2017-009; Resolution No. 12139) by the City Council.
Planning Commission Resolution No. 4653 Page 3 of 4
30 South First Street
Conditional Use Permit (PLN-2022-48) – Professional Office & Bank and Financial Service
16. Applicable General Plan Policies considered by the Planning Commission included, but
were not limited to, the following:
Policy LUT-5.3: Variety of Commercial and Office Uses: Maintain a variety of attractive and
convenient commercial and office uses that provide needed goods, services, and
entertainment.
Policy LUT-1.5a: Transit-Oriented Developments: Encourage transit-oriented developments
including employment centers such as office and research and development
facilities and the city’s highest density residential projects by coordinating the
location, intensity, and mix of land uses with transportation resources, such as Light
Rail.
Policy LU-7.1: Urban/Small Town Densities: Downtown development should achieve densities and
development patterns consistent with urban centers and central businesses
districts, while maintaining a small town scale.
17. In review the proposed project, the Planning Commission also weighed the public need
for, and the benefit to be derived from, the project, against any impacts it may cause.
18. 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.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
Conditional Use Permit Findings (CMC Sec. 21.46.040):
1. The proposed use is allowed within the applicable zoning district with Conditional Use
Permit approval, and complies with all other applicable provisions of this Zoning Code
and the Campbell Municipal Code;
2. The proposed use is consistent with the General Plan;
3. 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;
4. 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;
5. The design, location, size, and operating characteristics of the proposed use are
compatible with the existing and future land uses on-site and in the vicinity of the subject
property;
6. The establishment, maintenance, or operation of the proposed use at the location
proposed will not be detrimental to the comfort, health, morals, peace, safety, or general
welfare of persons residing or working in the neighborhood of the proposed use, or be
Planning Commission Resolution No. 4653 Page 4 of 4
30 South First Street
Conditional Use Permit (PLN-2022-48) – Professional Office & Bank and Financial Service
detrimental or injurious to property and improvements in the neighborhood or to the
general welfare of the city;
Environmental Finding(s) (CMC Sec. 21.38.050):
7. The project is Categorically Exempt under Section 15301 (Class 1) of the California
Environmental Quality Act (CEQA), pertaining to the operation and leasing, and minor
alteration of an existing private structure.
8. 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.
THEREFORE, BE IT RESOLVED that the Planning Commission grants approval of a
Conditional Use Permit (PLN-2022-48) to allow a professional office use and a bank and
financial service use on the ground floor within an existing building located at 30 South First
Street, subject to the attached Conditions of Approval (attached Exhibit A).
PASSED AND ADOPTED this 13th day of September, 2022, by the following roll call vote:
AYES: Commissioners: Fields, Ching, Buchbinder, Kamkar, Krey, Zisser
NOES: Commissioners:
ABSENT: Commissioners: Ostrowski
ABSTAIN: Commissioners:
APPROVED:
Stuart Ching, Chair
ATTEST:
Rob Eastwood, Secretary
Stuart ching (Sep 14, 2022 17:37 PDT)
EXHIBIT A
CONDITIONS OF APPROVAL
Conditional Use Permit (PLN-2022-48)
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 Project: Approval is granted for a Conditional Use Permit (PLN-2022-48) to
allow a Professional Office and Bank and Financial Service uses on the ground floor of
an existing commercial building located at 30 South First Street. The project shall
substantially conform to the Project Description and Project Plans included as
Attachments 2 and 3 in the September 13, 2022 Planning Commission Staff Report,
except as may be modified by the Conditions of Approval contained herein.
2. Permit Approval Expiration: The Conditional Use Permit approval shall be valid for one
(1) year from the effective date of the Planning Commission action. Within this one-year
period an application for a building permit must be submitted. Failure to meet this
deadline or expiration of an issued building permit will result in the Approval being
rendered void. Abandonment, discontinuation, or ceasing of operations for a continuous
period of twelve months shall void the Conditional Use Permit approved herein without
the need for formal revocation by the decision-making body.
3. Planning Final Required: Planning Division clearance is required prior to Building Permit
final. Construction not in substantial compliance with the approved project plans shall not
be approved without prior authorization of the necessary approving body.
4. Timely Completion: Once under construction it shall be the obligation of the property
owner and contractor to demonstrate continued progress on the project. In the event the
building permit expires, the City may impose fines or exercise administrative remedies
to compel timely completion of work.
5. Operational Standards: Consistent with the submitted Project Description and City
standards, a Professional Office and Bank and Financial Service use operating on the
ground floor and operating pursuant to the Conditional Use Permit approved herein shall
conform to the following operational standards. Significant deviations from these
standards (as determined by the Community Development Director) shall require
approval of a Modification to the Conditional Use Permit.
Planning Commission Resolution No. 465_ Page 2 of 5
30 South First Street
Conditional Use Permit (PLN-2022-48) – Ground Floor Professional Office and Bank and
Financial Service
a. Hours of Operation: Hours of operation shall be as follows. By the end of 'Business
Hours', all customers shall have exited the premises. By the end of the 'Operational
Hours' all employees shall be off the premises.
Operational/Staff/Business/Public: 7:00 AM – 6:00 PM, Monday
through Fridays
b. Trash Disposal and Clean-Up: All trash disposal, normal clean-up, carpet cleaning,
window cleaning, sidewalk sweeping, etc. shall occur during the "operational hours."
c. Business License: The business shall be required to obtain and maintain a City
business license at all times.
d. Smoking: "No Smoking" signs shall be posted on the premises in compliance with
CMC Section 6.11.060.
e. Meeting with neighbors: As necessary, the operator shall conduct meetings with
surrounding neighbors should issues arise.
6. 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. Exterior areas of the business shall include not only the parking
lot and private landscape areas, but also include the public right-of-way adjacent to the
business. Trash receptacles shall be maintained within their approved enclosures at all
times.
7. Landscape Maintenance: 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.
8. Signage: No signage is approved as part of the development application approved
herein. New signage shall not be installed prior to approval of a sign permit.
9. Outdoor Storage: No outdoor storage is permitted on the subject property. No equipment
or materials shall be stored outside the building or within the parking lot.
10. Windows & Doors: At no time shall an obscure wall or barrier (i.e. window tinting,
furniture, inventory, shelving units, storage of any kind or similar) be installed along,
behind or attached to windows or doorways that blocks visual access to the tenant space
or blocks natural light.
11. Parking and Driveways: All parking and driveway areas shall be maintained in
compliance with the standards in Chapter 21.28 (Parking & Loading) of the Campbell
Municipal Code. Parking spaces shall be free of debris or other obstructions.
12. Construction Activities: The applicant shall abide by the following requirements during
construction:
Planning Commission Resolution No. 465_ Page 3 of 5
30 South First Street
Conditional Use Permit (PLN-2022-48) – Ground Floor Professional Office and Bank and
Financial Service
a. The project site shall be posted with the name and contact number of the lead
contractor in a location visible from the public street prior to the issuance of
building permits.
b. Construction activities shall be limited to weekdays between 8:00 a.m. and
5:00 p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction
shall take place on Sundays or holidays unless an exception is granted by the
Building Official.
c. All construction equipment with internal combustion engines used on the
project site shall be properly muffled and maintained in good working
condition.
d. Unnecessary idling of internal combustion engines shall be strictly prohibited.
e. All stationary noise-generating construction equipment, such as air
compressors and portable power generators, shall be located as far as
possible from noise-sensitive receptors such as existing residences and
businesses.
f. Use standard dust and erosion control measures that comply with the adopted
Best Management Practices for the City of Campbell.
13. Revocation of Permit: Operation of a Professional Office use and a Bank and Financial
Service Use pursuant to the Conditional Use Permit approved herein is subject to
Chapter 21.46 of the Campbell Municipal Code authorizing the appropriate decision
making body to modify or revoke an Conditional Use Permit if it is determined that its
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
establishment generates three (3) verifiable complaints related to violations of conditions
of approval and/or related to its operation within a twelve (12) month period, a public
hearing may be scheduled to consider modifying conditions of approval or revoking the
Conditional Use Permit. The Community Development Director may commence
proceedings for the revocation or modification of 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:
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
and/or employee actions;
b. The number of complaints received from residents, business owners and other
citizens concerning the operation of an establishment regarding parking,
noise, and/or other operational impacts; and
c. Violation of conditions of approval.
FIRE DEPARTMENT
Planning Commission Resolution No. 465_ Page 4 of 5
30 South First Street
Conditional Use Permit (PLN-2022-48) – Ground Floor Professional Office and Bank and
Financial Service
14. Fire Sprinkler Modification Required: Provide submittal to SCCFD for installation of each
of the systems listed below, per CFC Chapter 1 and 9. Submit shop drawings (3 sets)
and a permit application to the SCCFD for approval before altering the system. Call (408)
341-4420 for more information.
15. Fire Alarm Modification Required: Any modifications to the existing fire alarm system
requires drawings and a permit application be submitted to SCCFD for approval before
any install or alteration occurs.
Resol 4653 _ Ground Floor Office (Opas)
Final Audit Report 2022-09-15
Created:2022-09-14
By:Ken Ramirez (kenr@campbellca.gov)
Status:Signed
Transaction ID:CBJCHBCAABAA--nwlRI-2ECJqJnGMPoYFScvESn40_YG
"Resol 4653 _ Ground Floor Office (Opas)" History
Document created by Ken Ramirez (kenr@campbellca.gov)
2022-09-14 - 4:39:05 PM GMT
Document emailed to Rob Eastwood (robe@campbellca.gov) for signature
2022-09-14 - 4:39:49 PM GMT
Email viewed by Rob Eastwood (robe@campbellca.gov)
2022-09-14 - 4:40:51 PM GMT
Document e-signed by Rob Eastwood (robe@campbellca.gov)
Signature Date: 2022-09-14 - 4:41:05 PM GMT - Time Source: server
Document emailed to sching19@gmail.com for signature
2022-09-14 - 4:41:06 PM GMT
Email viewed by sching19@gmail.com
2022-09-15 - 0:36:42 AM GMT
Signer sching19@gmail.com entered name at signing as Stuart ching
2022-09-15 - 0:37:46 AM GMT
Document e-signed by Stuart ching (sching19@gmail.com)
Signature Date: 2022-09-15 - 0:37:47 AM GMT - Time Source: server
Agreement completed.
2022-09-15 - 0:37:47 AM GMT