PC Res 3501RESOLUTION NO. 3501
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
(PLN2003-62) TO ALLOW THE ESTABLISHMENT OF A 900
SQUARE FOOT SMOOTHIE CAFI~ IN AN EXISTING BUILDING
OWNED BY MH HICKS 2003 TRUST LOCATED AT 621 E
CAMPBELL AVENUE IN A P-D (PLANNED DEVELOPMENT)
ZONING DISTRICT. FILE NO. PLN2003-62.
After notification and public hearing, as specified by law, and after presentation
Community Development Director, proponents and opponents, the hearing was closed.
by the
After due consideration of all evidence presented, the Planning Commission did find as follows
with respect to application PLN2003-62:
1. The proposed smoothie caf6 is consistent with the Central Commercial land use designation
of the General Plan and the P-D (Planned Development) Zoning District.
2. The proposed project is compatible with the Downtown Development Plan.
3. The project site consists of a 1.54 acre lot, developed with 20,500 square feet of building
area, 5,658 square feet of landscaping, and 40,952 square feet of paving.
4. The existing 131 parking spaces will adequately address the parking needs of the subject site
and proposed use.
o
The subject property is currently developed with a four-building 20,500 square foot medical
and dental office complex constructed in 1964 under a Site and Architectural Review Permit
(S 64-33).
6. The project site is surrounded by commercial uses on the east and west sides, single-family
residential uses to the north and Campbell Park to the south.
7. The proposed project is consistent with other developments in the surrounding area and is
consistent with the development standards for commercial uses.
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. 3501
PLN2003-62 -- 621 E. Campbell Avenue-Use Permit- Smoothie Cafe
Page 2
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 commercial 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 uses would generate.
6. The proposed project will aid in the enhancement and the harmonious development of the
immediate area.
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.
8. 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 Conditional
Use Permit (PLN2003-62) to allow the establishment of a 900 square foot smoothie caf6 in an
existing building on property owned by A/II Hicks 2003 Trust located at 621 E. Campbell
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
Plannim, Division:
Approved Project: Approval is granted for a Conditional Use Permit (PLN2003-62) to allow
the establishment of a 900 square foot smoothie caf6 in an existing building at 621 E.
Campbell Avenue. Project approval shall substantially comply with project plans received
Planning Commission Resolution No. 3501
PLN2003-62 -- 621 E. Campbell Avenue- Use Permit - Smoothie Cafe
Page 3
by the Planning Division on May 8, 2003 prepared by Robert Aviles Design except as may
be modified by the conditions of approval herein.
Conditional Use Permit 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 and the conditions of approval satisfied. Failure to meet this
expiration date will result in the Conditional Use Permit being void.
o
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.
Building Details: The applicant shall submit detailed building elevations depicting
architectural details, window styles and trim details, and exterior door details. The elevations
and details shall be reviewed and approved by the Community Development Director prior to
the issuance of a building permit.
Mechanical Equipment: No new or relocated ground level mechanical equipment shall be
located on or adjacent to the building without providing screening of the mechanical
equipment from public view. The applicant shall submit details regarding the location and
screening material for the mechanical equipment to the Planning Division for review and
approval by the Community Development Director prior to the issuance of a building permit
for the installation or relocation of such equipment.
o
Sign Permit: No signage 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 and Chapter 21.26 of the Campbell Municipal Code.
On-Site Lighting: Any proposed new on-site lighting shall be shielded away from East
Campbell Avenue and directed on site. The design and type of lighting fixtures and lighting
intensity of any exterior lighting shall be reviewed and approved by the Community
Development Director, prior to issuance of a building permit. Lighting fixtures shall be of a
decorative design to be compatible with the development and shall incorporate energy saving
features.
Buildin~ Division:
o
Permits Required: A building permit application shall be required for the proposed tenant
improvements to the existing structure. The building permit shall include Electrical/
Plumbing/Mechanical fees when such work is part of the permit.
9. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of
construction plans submitted for building permit.
Planning Commission Resolution No. 3501
PLN2003-62 -- 621 E. Campbell Avenue-Use Permit- Smoothie Cafe
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10. Size of Plans: The size of construction plans submitted for building permits shall be 24 in. X
36 in.
11. 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.
12. Site Plan: Application for building permit shall include a competent site plan that identifies
property lines 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.
13. 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.
14. 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.
15. Pollution Prevention: 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 in. X 36 in.) is available at the Building Division service counter.
16. 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.
17. 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.
18. Address: The applicant shall obtain a new address for the tenant space prior to the issuance
of building permits.
19. P.G.&E.: The applicant is advised to contact P.G.&E. 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. The applicant should also
consult with P.G.&E. concerning utility easements, distribution pole locations and required
conductor clearances.
Planning Commission Resolution No. 3501
PLN2003-62 -- 621 E. Campbell Avenue-Use Permit- Smoothie Cafe
Page 5
20. Approvals Required: The project requires the following agency approval prior to issuance of
the building permit:
a. West Valley Sanitation District
b. Santa Clara County Fire Department
c. Bay Area Air Quality Management District
d. Santa Clara County Department of Environmental Health
PASSED AND ADOPTED this 10th day of June, 2003, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Commissioners: Alderete, Doorley, Francois, Gibbons, Hernandez, Jones
and Rocha
Commissioners: None
APPROVE~sosdHe~r
Sharon Fierro, Secretary