PC Res 3508 RESOLUTION NO. 3508
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A MODIFICATION (PLN2003-63)
TO A PREVIOUSLY APPROVED CONDITIONAL USE PERMTI TO
ALLOW OFFICE OR RETAIL USES IN A COMMERCIAL BUILDING
PREVIOUSLY APPROVED AS OFFICES ON PROPRETY LOCATED
AT 2265 S. WINCHESTER BOULEVARD IN A P-D (PLANNED
DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR.
DANIEL GARZA AND MS. HELVA BENDIK. FILE NO. PLN2003-63.
After notification and public heating, 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 PLN2003-63.
The proposed retail and/or office use is consistent with the Central 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 and/or office use is permitted in the Central 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 13 parking spaces will adequately address the parking needs of the proposed use
and exceeds the 12 parking spaces required for a general retail uses for this building.
6. The surrounding uses consist of commercial uses to the north, south and east and single
family residential uses to the west.
7. 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.
Planning Commission Resolution No. 3508
PLN2003-63 - 2265 S. Winchester Boulevard - Modification to Use Permit
Page 2
3. The proposed use is compatible with the uses in the area.
The subject site as conditioned 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 approves a
Modification (PLN2003-63) to a previously approved Conditional Use Permit to allow office or
retail uses in a commercial building previously approved as offices on property owned by Daniel
Garza and Helva Bendik located at 2265 S. Winchester Boulevard, 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 Proiect: Approval is granted for a Modification to a previous Conditional Use
Permit (PLN2003-63) to allow both retail and/or office uses in an existing commercial
building of approximately 2,242 square feet at 2265 South Winchester Boulevard. 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 applicant, including a vicinity map, a site plan, and a
project summary
b. Written statement prepared by applicant dated May 11, 2003.
Planning Commission Resolution No. 3508
PLN2003-63 - 2265 S. Winchester Boulevard - Modification to Use Permit
Page 3
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Permitted uses shall be limited to retail and/or office uses permitted in the C-1-S
(Neighbor Commercial Zoning District) section 21.22.020 C.M.C. and the C-2-S
(General Commercial Zoning District) section 21.24.020 C.M.C.
Approval Expiration: The Conditional Use Permit approval shall be valid for two years from
the date of final approval. Within this two-year period the use must be established on the
property. Failure to establish such use within two year from the date of final approval will
result in the Modification to 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: The existing elevated air conditioning units shall be relocated to the
ground and screened. 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.
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.
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 adjacent to the building and the reintroduction of a planting area between the driveways
adjacent to the sidewalk. Landscape and irrigation plans shall be consistent with the City's
Water Efficient Landscaping Standards.
Planning Commission Resolution No. 3508
PLN2003-63 - 2265 S. Winchester Boulevard - Modification to Use Permit
Page 4
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.
b. All landscaping installed as required per the approved landscape plan shall be maintained
in good health.
Building Division
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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.
Planning Commission Resolution No. 3508
PLN2003-63 - 2265 S. Winchester Boulevard - Modification to Use Permit
Page 5
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:
a. Santa Clara County Fire Department
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.
PASSED AND ADOPTED this 24th day of June, 2003, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Alderete, Doorley, Francois, Gibbons, Jones and Rocha
None
Hernandez
None
ATTEST:
APPROVED:
Geot~'e Doorley, Acting
Sharon Fierro, Secretary