PC Res 3520RESOLUTION NO. 3520
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
(PLN2003-69) TO ALLOW THE ESTABLISHMENT OF A COFFEE
SHOP (STARBUCKS) WITH EARLY OPERATIONAL HOURS
BEGINNING AT 5 A.M. IN AN EXISTING COMMERCIAL BUILDING
ON PROPERTY OWNED BY SEAN AND LAURA MURPHY
LOCATED AT 1228 CAMDEN AVENUE IN A P-D (PLANNED
DEVELOPMENT) ZONING DISTRICT. FILE NO. PLN2003-69.
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 PLN2003-69:
The proposed coffee house 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 coffee house use is 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 5:00 a.m. to 10:00 p.m. daily, which are compatible and
complementary to other commercial and industrial uses in this neighborhood.
The 34 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. The
restaurant standard would require 9 parking spaces for the tenant space where 11 spaces have
been provided.
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. 3520
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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 approves a Conditional
Use Permit (PLN2003-69) to allow the establishment of a coffee shop (Starbucks) with early
operational hours beginning at 5 a.m. in an existing commercial building 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
Plannim, Division
Approved Proiect: Approval is granted for a Conditional Use Permit (PLN2003-69) to allow
a coffee house use in approximately 1,560 square feet of 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. 3520
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a. Project plans prepared by Gettle-Ryan Inc. and Frank Oldham, Architect dated June 30,
2003, including a site plan, elevations and floor plan.
b. Project description dated May 22, 2003, prepared by Zeden Jones.
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 5:00
a.m. to 11:00 p.m.
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.
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 landscape and irrigation plans shall be
consistent with the City's Water Efficient Landscaping Standards.
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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.
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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 si&walks.
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:
Planning Commission Resolution No. 3520
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West Valley Sanitation District
Santa Clara County Fire Department
Santa Clara County Department of Environmental Health
20. 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.
21. Address: Applicant shall secure new address for additional tenant space prior to issuance of
building permit.
PUBLIC WORKS DEPARTMENT
22. Preliminary Title Report: Prior to issuance of any grading or building permits for the site,
the applicant shall provide a current Preliminary Title Report.
23. Traffic Mitigation: The applicant shall prepare a focused traffic impact study that addresses
peak hour traffic impacts to at least the Camden/White Oaks intersection and how project
trips will enter and exit the project site during the morning peak hour. The applicant shall
install mitigate measures as recommended by the traffic engineering consultant and as
directed by the City Engineer. The applicant shall mitigate significant impacts.
24. Street Improvements: Prior to issuance of any grading or building permits for the site, the
applicant shall execute a street improvement agreement, cause plans for public street
improvements to be prepared by a registered civil engineer, pay various fees and deposits,
post security and provide insurance necessary to obtain an encroachment permit for
construction of the standard public street improvements, as required by the City Engineer.
The fee for a non-utility encroachment permit application is currently $260.00. The plans
shall include the following:
a. Removal of southerly most existing non-ADA compliant driveway approach;
b. Construction of one new ADA compliant driveway approach;
c. Removal of sidewalk between driveway approaches;
d. Installation of landscaping between driveway approaches consisting of street trees, turf,
ground cover and irrigation;
e. Installation of street trees, tree wells, and irrigation south of southerly most driveway;
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f. Construction of street improvements, including traffic control signs and stripes if
applicable, pursuant to the requirements of the traffic impact study;
g. Construction of conforms to existing public and private improvements, as necessary.
25. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer
cleanout(s) shall be installed on private property behind the public right-of-way line.
26. Utilities: All new on-site utilities shall be installed underground per Section 20.36.150 of the
Campbell Municipal Code for any new or remodeled building or additions. Applicant shall
comply with all plan submittals, permitting, and fee requirements of the serving utility
companies.
27. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant
shall submit a utility coordination plan and schedule for approval by the City Engineer for
installation and/or abandonment of all utilities. Streets that have been resurfaced within the
previous five years will require boring and jacking for all new utility installations. Applicant
shall also prepare pavement restoration plans for approval by the City Engineer prior to any
utility installation or abandonment.
28. Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building
permits, the applicant shall comply with the National Pollution Discharge Elimination
System (NPDES) permitting requirements, the California Storm Water Best Management
Practices Handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley
Water District requirements, and the City of Campbell Municipal Code regarding storm
water pollution prevention. The City will provide the applicant with information to assist in
complying with this condition of approval. The primary objective is to improve the quality
and reduce the quantity of storm water runoff to the Bay.
PASSED AND ADOPTED this 22'~d day of July, 2003, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Commissioners: Alderete, Doorley, Gibbons, Hernandez and Rocha
Commissioners: None
Commissioners: Francois and Jones .......... -'?D~'--)
Commissioners: None // ....////~///// x
APPROVED: ~~-
Josep(h Hemal.,_ ¢¢i¢
Fierro, Secretary