PC Res 3480RESOLUTION NO. 3480
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
(PLN2003-11) TO ALLOW THE ESTABLISHMENT OF A RETAIL
USE IN AN EXISTING COMMERCIAL BUILDING PREVIOUSLY
USED AS A RESTAURANT ON PROPERTY OWNED BY SEAN AND
LAURA MURPHY LOCATED AT 1228 CAMDEN AVENUE IN A PD
(PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION
OF SEAN AND LAURA MURPHY. FILE NO. PLN2003-11.
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 PLN2003-11:
The proposed print center use and speculative retail use is consistent with the General
Commercial General Plan land use designation and the P-D (Planned Development) Zoning
District with approval of a Conditional Use Permit.
2. The proposed retail uses are permitted in the General Commercial zoning district.
3. The proposed project is compatible with the surrounding commercial uses within the
neighborhood.
4. The hours of operation are limited to 6:00 a.m. to 11:00 p.m. daily.
5. The existing 39 parking spaces will adequately address the parking needs of the proposed use
and exceeds the 23 parking spaces required for a general retail uses for this building.
6. The surrounding uses consist of a motel, self-storage facilities and a veterinary clinic.
7. The project site is in the Redevelopment Agency Project Area and the Agency has no
objections to the proposed project.
8. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 (Existing
Facilities) of the California Environmental Quality Act (CEQA).
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The proposed project is consistent with the General Plan and Zoning Ordinance.
Planning Commission Resolution No. 3480
PLN2003~I 1 - 1228 Camden Avenue - Conditional Use Permit - Retail Use
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The establishment, maintenance, or operation of the use will not be detrimental to the public
health, safety, peace, morals, comfort or general welfare of persons residing or working in
the neighborhood of such proposed use, or be detrimental or injurious to property and
improvements in the neighborhood or to the general welfare of the City.
3. The proposed use is compatible with the uses in the area.
The subject site is adequate in size and shape to accommodate the yards, walls, fences,
parking and loading facilities, landscaping, and other development features required in order
to integrate said use with uses in the surrounding area.
5. The subject site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic such use would generate.
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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.
7. 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 grants a Conditional
Use Permit (PLN2003-11) to allow the establishment of a retail use in an existing commercial
building previously used as a restaurant on property owned by Sean and Laura Murphy located at
1228 Camden Avenue, 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
Approved Project: Approval is granted for a Conditional Use Permit (PLN2003-11) to allow
a change of use from restaurant to a print center/speculative retail space in an existing
commercial building of approximately 4,680 square feet at 1228 Camden Avenue. The
project shall substantially conform to the project exhibits listed below, except as may be
modified by the Conditions of Approval contained herein.
Planning Commission Resolution No. 3480
PLN2003-11 - 1228 Camden Avenue - Conditional Use Permit - Retail Use
Page 3
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a. Project plans prepared by Frank Oldham, Architect dated January 29, 2003, including a
site plan, elevations and floor plan.
b. Project description dated January 31, 2003.
c. Color samples as provided by the applicant.
Approval Expiration: The Conditional Use Permit 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. Failure to establish such use within one year from the date of final approval will
result in the Conditional Use Permit being void.
Revocation of Permit: Operation of the use in violation of the 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.
Hours of Operation: The operational hours for the retail businesses shall be limited to 6:00
a.m. to 11:00 p.m. unless a conditional use permit is obtained for late night business uses.
The applicant currently describes the operational hours as 9 a.m. to 5 p.m. daily.
Signage: No signage is approved as part of the development applications approved herein.
The existing non-conforming freestanding sign shall be removed or modified to comply with
current sign regulations. No sign shall be installed until a Sign Permit is approved as
specified in the Sign Ordinance.
Mechanical Equipment: All new roof mounted and ground mounted equipment shall be
screened with architecturally compatible materials, subject to approval by the Community
Development Director, prior to the issuance of building permits.
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Trash and Recycling Enclosure: The applicant shall submit details regarding the design and
location of a trash and recycling enclosure(s) to the Planning Division for review and
approval by the Community Development Director prior to the issuance of building permits
for the project. Unless otherwise noted, enclosures shall consist of a concrete floor
surrounded by a six-foot high solid wall and have decorative self-closing doors. The
enclosure shall be constructed at grade level and have a level area adjacent to the trash
enclosure area to service the containers.
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Landscape and Irrigation Plans: The applicant shall submit four (4) sets of detailed final
landscape and irrigation plans to the Planning Division for review and approval by the
Community Development Director indicating the replanting of landscape areas in the parking
lot and the planting of vines or shrubs along the Cal-Trans right-of-way. Landscape and
irrigation plans shall be consistent with the City's Water Efficient Landscaping Standards.
a. All trees shall be a minimum 24-inch box size. All shrubs shall be a minimum of 5-gallon
size and ground cover shall be shown to provide 100 % coverage within 2 years of
installation.
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b. All landscaping installed as required per the approved landscape plan shall be maintained
in good health.
c. The landscaping plans shall show the installation of screening shrubs along the property
line abutting the Highway 17 on-ramp.
Building Division
Permits Required: A building permit application shall be required for the proposed
modification to the existing commercial structure. The building permit shall include
Electrical/Plumbing/Mechanical fees when such work is part of the permit.
10. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of
construction plans submitted for building permit.
11. Size of Plans: The minimum size of construction plans submitted for building permits shall
be 24 inches by 36 inches.
12. 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.
13. 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.
14. Title 24 Energy Compliance: California Title 24 Energy Standards Compliance forms shall
be blue-lined on the construction plans. Compliance with the Standards shall be
demonstrated for conditioning of the building envelope and lighting of the building.
15. Special Inspections: When a special inspection is required by U.B.C. Section 1701, 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 U.B.C. Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from
the Building Inspection Division Counter.
16. Non-Point Source Pollution Control: 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 inches by 36 inches) 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.
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PLN2003-11 - 1228 Camden Avenue - Conditional Use Permit - Retail Use
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18. Title 24 Accessibility - Commercial: Projects seeking to use the Title 24 Hardship
exemption clause shall blue-line completed, City of Campbell "20%" exemption form on
submitted construction plans. Form is available at Building Division service counter.
19. Approvals Required · The project requires the following agency approval prior to issuance
of the building permit:
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West Valley Sanitation District
Santa Clara County Fire Department
Santa Clara County Department of Environmental Health
19. 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.
20. Address: Applicant shall secure new address for additional tenant space prior to issuance of
building permit.
PASSED AND ADOPTED this 25th day of March, 2003, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Commissioners: Alderete, Doorley, Francois, Gibbons, Hernandez, Jones
and Rocha
Commissioners: None
Commissioners: None
Commissioners: None ~c~
~PPROVED' (']Jose~/He~andez ~ air~
Sharon Fierro, Secretary