PC Res 3795
RESOLUTION NO. 3795
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING AN ADMINISTRATIVE PLANNED
DEVELOPMENT PERMIT (PLN2007-02) TO ALLOW A CHANGE OF
USE FROM RETAIL TO RESTAURANT ON PROPERTY OWNED BY
FOURTH CAMPBELL COURNER LP LOCATED AT 76 E.
CAMPBELL AVENUE, IN A P-D (PLANNED DEVELOPMENT)
ZONING DISTRICT. APPLICATION OF MS. ELIZABETH
BENETOLLO. FILE NO: PLN2007-02.
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 PLN2007-02.
1. The development of the proposed project will result in a use that is consistent with
the General Plan land use designation of Central Commercial.
2. The project will be consistent with the P-D (Planned Development) zoning district
with approval of a Planned Development Permit.
3. The project site is located on the south side of East Campbell Avenue, on the
southeast corner of South Fourth Street and East Campbell Avenue. The property is
surrounded by commercial uses on the north, east and west sides, and a parking lot
and residential uses to the south.
4. The proposed project generates a parking demand of 11 parking spaces and the
applicant has identified 12 parking spaces on the site plan. The change in use from
retail to a new restaurant (32 seats) will not intensify the site or parking demand from
the previous retail use and does not require additional parking per Chapter
21.28.040 which states when the use of a structure changes to a use that requires
the same number of parking spaces than the previous use, the number of required
parking spaces for the new use shall be the same as the requirement for the
previous use, regardless of the number of spaces actually provided by the previous
use.
5. The subject property is currently developed with a single-story, multi-tenant,
commercial building constructed in approximately 1950. There are currently three
tenant spaces in the building, one occupied by the Fabu Salon, one occupied by
Gothic body piercing, and one vacant retail space.
6. The project qualifies as a Categorically Exempt project per Section 15301, Class 1
(Existing Facilities) of the California Environmental Quality Act (CEQA).
Planning Commission Resolution No. 3795
PLN2007-02 - 76 E. Campbell Avenue - Administrative Planned Development Permit
Page 2
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The proposed development will result in a more desirable environment and use of
the land than would be possible under any other zoning classification.
2. The proposed development will be compatible with the General Plan of the City and
will aid in the harmonious development of the immediate area.
3. The proposed development will be compatible with the Zoning Code of the City.
4. The proposed development will not be detrimental to the health, safety or welfare of
the neighborhood or the City as a whole.
5. The parking will adequately meet the demands generated by the change in use, and
will not be detrimental to the overall parking and circulation in the area.
6. There is a reasonable relationship and a rough proportionality between the
conditions of approval and the impacts of the project.
7. There is a reasonable relationship between the use of the fees imposed upon the
project and the type of development project.
8. No substantial evidence has been presented from which a reasonable argument
could be made that shows that the project, as currently presented and subject to the
required conditions of approval, will have a significant adverse impact on the
environment.
THEREFORE, BE IT RESOLVED that the Planning Commission approves an
Administrative Planned Development Permit (PLN2007 -02) to allow a change of use
from retail to restaurant on property owned by Fourth Campbell Corner LP located at 76
E. Campbell Avenue in a P-D (Planned Development) Zoning District.
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.
Planning Commission Resolution No. 3795
PLN2007 -02 - 76 E. Campbell Avenue - Administrative Planned Development Permit
Page 3
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division:
1. Approved Project: Approval is granted for a Planned Development Permit
(PLN2007 -002) for the establishment of a new restaurant in an existing retail
building located at 76 E. Campbell Avenue. Project shall substantially conform to
the project plans stamped as received by the Community Development Department
on December 4, 2006, except as may be modified by the conditions of approval
herein.
2. Planned Development Permit Approval Expiration: The Planned Development
Permit approval shall be valid for one year from the date of final approval. Within
this one-year period a building permit must be obtained and construction completed
one year thereafter or the use must be established on the property (if no building
permit is required). Failure to meet these deadlines will result in the Planned
Development Permit being void.
3. Revocation of Permit: Operation of the use in violation of the Planned Development
Permit or any standards, codes, or ordinances of the City of Campbell shall be
grounds for consideration of revocation of the Planned Development Permit by the
Community Development Director.
PASSED AND ADOPTED this 13th day of February, 2007, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Alderete, Ebner, Francois, Gibbons, Rocha and
Roseberry
None
Doorley
None
Commissioners:
Commissioners:
Commissioners:
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APPROVED:! ! ,"~'j{J{. W
Michael Rocha, Chair
ATTEST:
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Sharon Fierro, Secretary