PC Res 3425RESOLUTION NO. 3425
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE
PERMIT (PLN2002-26) TO ALLOW THE RE-ESTABLISHMENT
OF A MOVIE THEATER IN AN EXISTING THEATER TENANT
SPACE, ON SALE BEER AND WINE SALES, LATE NIGHT
OPERATIONS AND OUTDOOR SEATING ON PROPERTY
OWNED BY EQUITY OFFICE PROPERTIES-PRUNEYARD, LLC,
AT 1875 S. BASCOM AVENUE IN A C-2-S (GENERAL
COMMERCIAL) ZONING DISTRICT. APPLICATION OF MR. JIM
ZUUR, ON BEHALF OF CAMERA CINEMAS AT THE
PRUNEYARD, LP. FILE NO. PLN2002-26.
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 PLN2002-26:
o
o
The proposed re-establishment of a movie theater in an existing theater tenant space, on-sale
beer and wine sales, late night operations, and outdoor seating is consistent with the General
Commercial land use designation of the General Plan and the C-2-S (General Commercial)
Zoning District.
The existing 3,892 shared parking spaces for the entire PruneYard provides adequate parking
to serve the proposed establishment of the Camera Cinemas at the PruneYard.
All proposed uses are compatible within the site and with adjacent land uses.
The establishment of on-sale beer and wine sales will not result in an over concentration of
such uses in the area.
The establishment of on-sale beer and wine sales will not create a nuisance due to noise,
litter, vandalism, traffic, or other factors.
The establishment of on-sale beer and wine sales will not significantly disturb the peace and
enjoyment of any nearby residential neighborhoods.
The establishment of on-sale beer and wine sales will not significantly increase the demand
on city services.
The Police Department has not expressed a concern with the proposed project.
The extended hours of operation until 2 a.m. will not cause a nuisance relative to noise and
traffic.
Planning Commission Resolution No. 3425
PLN2002-26- 1875 S. Bascom Avenue
Conditional Use Permit - Camera Cinemas at the PruneYard
Page 2
10. 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.
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.
The proposed commercial uses are 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.
The subject site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic such use 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 (PLN2002-26) to allow the re-establishment of a movie theater (Camera Cinemas at
the PruneYard) in an existing theater tenant space, on sale beer and wine sales, late night
operations and outdoor seating, on property owned by Equity Office Properties-PruneYard, LLC,
at 1875 S. Bascom 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
Planning Commission Resolution No. 3425
PLN2002-26 - 1875 S. Bascom Avenue
Conditional Use Permit - Camera Cinemas ar the PmneYard
Page 3
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
o
o
o
Approved Project: Approval is granted for a Conditional Use Permit (PLN2002-26) to allow
for the re-establishment of a movie theater in an existing theater tenant space, on-sale beer
and wine sales, late night operations, and outdoor seating at 1875 South Bascom Avenue.
The project 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 The Henry Architects, Inc. and received by the Planning
Division on March 20, 2002, including a site plan, floor plans, and elevations.
Approval Expiration: The Conditional Use Permit approval shall be valid for one year from
the date of final approval. Within this one-year period either (1) a building permit must be
obtained, and construction completed one year thereafter; or (2) the use must be established
on the property (if no building permit is required). Failure to complete (1) or (2) above 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.
Liquor License: The applicant shall obtain a license from the State Department of Alcoholic
Beverage Control prior to the sale of alcoholic beverages.
Mechanical Equipment: No new roof-mounted and/or ground level mechanical equipment,
i.e. air conditioning units, 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 such equipment.
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 uses from the theater (including the outdoor seating area) shall not
be audible to a person of normal hearing capacity from any residential property.
Planning Commission Resolution No. 3425
PLN2002-26 - 1875 S. Bascom Avenue
Conditional Use Permit - Camera Cinemas at the PmneYard
Page 4
Noise Management: In the event complaints are received by the City regarding noise, the
Community Development Director, upon confirmation that the noises are generated by
uses from the theater (including the outdoor seating area), 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.
c. Exterior Speakers: No audio sound system, music, public address system, and/or speakers
in the outdoor seating area shall be used after 9:00 p.m.
7. Hours of Operation: The operational hours shall be limited to 6 a.m. to 2 a.m. daily.
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 of the Campbell Municipal Code.
o
Building Elevations, Details, and Colors: The applicant shall submit detailed building
elevations depicting architectural details and exterior materials and colors of the new ticket
booth. The elevations shall be reviewed and approved by the Community Development
Director prior to the issuance of a building permit.
10. On-Site Lighting: Any proposed on-site lighting shall be shielded away from adjacent
properties 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.
Building Division
11. Permits Required: A building permit application shall be required for the proposed structure. The
building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the
permit. The scope of this permit application shall include all proposed work that is not currently
covered under building permit: BLD2002-00158.
12. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of
construction plans submitted for building permit.
13. Size of Plans: The minimum size of construction plans submitted for building permits shall
be 24 inches by 36 inches.
14. 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.
Planning Commission Resolution No. 3425
PLN2002-26 - 1875 S. Bascom Avenue
Conditional Use Permit - Camera Cinemas at the PruneYard
Page 5
15. Site Plan: Application for building permit shall include an accurate site plan that identifies
property lines and proposed structures with dimensions and elevations as appropriate. The
site plan shall also include site drainage details. The site address and parcel number shall be
clearly called out. Site parking and path of travel to public sidewalks shall be detailed.
16. 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.
17. 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.
18. 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.
19. 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.
20. 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.
21. Approvals Required: The project requires the following agency approvals prior to issuance of
the building permit:
a. West Valley Sanitation District
b. Santa Clara County Fire Department
c. Santa Clara County Department of Environmental Health
FIRE DEPARTMENT
22. Limitation of Review: The applicant and their representatives are to comply with provisions
outlined in the building permit application plan check# 02-0411 issued by this department on
3/11/02.
Planning Commission Resolution No. 3425
PLN2002-26 - 1875 S. Bascom Avenue
Conditional Use Permit - Camera Cinemas at the PruneYard
Page 6
PASSED AND ADOPTED this 23rd day of April, 2002, by the following roll call vote:
AYES: Commissioners:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Alderete, Doorley, Francois, Gibbons, Hemandez, Jones
and Leonard
None
None
None
ATTEST:
/~haron Fierro, Secretary