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PC Res 3257RESOLUTION NO. 3257 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A MODIFICATION TO A PREVIOUSLY-APPROVED CONDITIONAL USE PERMIT FOR THE RELOCATION AND RECONSTRUCTION OF A DRIVE THRU ESPRESSO DRINK KIOSK (DRINX) ON PROPERTY LOCATED AT 2415 S. WINCHESTER BOULEVARD IN A C-2-S (GENERAL COMMERCIAL) ZONING DISTRICT. APPLICATION OF MR. TERRY MARTIN, ON BEHALF OF MR. KEON VOSSOUGHI. FILE NO. PLN2000-02 (M): 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 PLN2000-02 (M): 1. The proposed project will entail construction of a 260 square foot commercial building. 2. The proposed project is located on property with a commercial land use designation under the General Plan. o The proposed building design and site layout are consistent with the commercial land use of the General Plan and the (C-2-S) General Commercial designation for the site. The proposed achieve the following objectives: A. Provides an attractive architectural elevation of the building towards the street frontage. B. Accommodates parking and access needs to serve the proposed use consistent with the parking standards of the City. C. Creates an architecturally pleasing project reflective of the other approved commercial buildings along this portion of South Winchester Blvd. The proposed project is well designed and is architecturally compatible with the surrounding neighborhood and uses by integrating the use of architectural features of the existing shopping center 5. The project will not create a nuisance due to noise, litter, vandalism, traffic or other factors. 6. The project will not significantly disturb the peace and enjoyment of the nearby residential neighborhood. Planning Commission Reso,,~tion No. 3257 PLN2000-02 - 2415 S. Winchester Boulevard - Modification to Use Permit for Drinx Page 2 Based on the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The development is consistent with the City's General Plan and Zoning Ordinance. 2. The proposed project provides a desirable site layout for a commercial use along this portion of Winchester Blvd. 3. The proposed project will aid in the enhancement and the harmonious development of the immediate area. The establishment, maintenance, or operation of the uses 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. 5. The project is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such uses would generate. The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the ordinance of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. 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 Approved Project: Approval is granted for a modification (PLN 2000-02) to the existing Use Permit for the relocation and reconstruction of the existing drive-through and walk-up espresso drink kiosk to be located at 2415 S. Winchester Blvd in the Campbell Plaza Shopping Center. Project approval shall substantially comply with the project plans prepared by Terry Martin, date stamped as received by the Planning Division on January 24, 2000 except as modified by the Conditions of Approval herein. Extended hours of operation: The permitted hours of operation are from 5:00 a.m. to 11:00 p.m. daily. If the Community Development Director receives substantiated complaints regarding noise or impacts associated with early hour operations, the Director may limit the operational hours of the business within 10 days written notice. 3. Architectural Details: Plans submitted for building permits shall change the color of the awning from beige to maroon to match the color of the roof of the adjacent shopping center. 4. Signs: No signing is permitted as part of the development applications approved herein. Any new signage shall require approval of a sign permit as required by Chapter 21.53 of the Planning Commission Reso..tion No. 3257 PLN2000-02 - 2415 S. Winchester Boulevard - Modification to Use Permit for Drinx Page 3 o Campbell Municipal Code. No new signing shall be installed until a sign permit has been approved and granted. Landscaping: Prior to the issuance of building permits for the project, the applicant shall submit four (4) sets of landscaping and irrigation plans for review and approval by the Community Development Director that incorporates the following: A. Two substantial planting urns placed on the sidewalk directly in front of the walk-up window and two similar planting urns placed near the bathroom entrance. B. Ground cover and perennials in the planting islands on the outer edges of the drive- through lanes and other planting islands. Two 24-inch box fruit trees, Flowering Cherries (Prunus subhirtella 'Autumnalis') or Ornamental Pears (Pyrus calleryana 'Redspire'), placed near the rear of the proposed building on the edges of the aisle. Two 24-inch box trees, Flowering Cherries (Prunus subhirtella 'Autumnalis') or Ornamental Pears (Pyrus calleryana 'Redspire'), placed in the planting islands on the east edge of the parking aisle (after the demolition of the existing kiosk). Property Maintenance: The property is to be maintained free of any trash associated with the use. All structures shall also be required to be maintained free of graffiti. Should graffiti appear on the building, enclosure walls and/or trash enclosure, the applicant shall take measures to immediately remove the graffiti. Parking Lot Lights: The existing parking lot light in the location of the proposed building shall be removed. A new parking lot light that matches the existing lights in the parking lot shall be installed at the edge of parking aisle after demolition of the existing kiosk. Restoration of parking and tree: The parking aisle where the existing kiosk is located must be returned to its original condition through the replacement of the parking space striping, planting island, trees, and parking lot light within thirty (30) days of final occupancy of the proposed building. This condition is subject to extension by the Community Development Director if adverse circumstances arise. Trash Disposal/Recycling: The applicant shall provide details regarding the design and location of a new trash disposal/recycling facility necessary to serve the business. Plans shall be reviewed and approved by the City and the Fire Department prior to the issuance of building permits for the project. The design of the trash enclosure shall consist of a concrete floor surrounded by a solid wall and have self-closing doors of a size specified by the Fire Department and shall match the building in terms of color and finish. A trash receptacle must also be provided near the building. Planning Commission Reso,~,tion No. 3257 PLN2000-02 - 2415 S. Winchester Boulevard - Modification to Use Permit for Drinx Page 4 10. 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 buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. BUILDING DIVISION 11. Conditions of Approval: Plans submitted for Building Permits shall include a sheet that contains a copy of the Conditions of Approval. 12. 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. 13. Demolition of existing building: The applicant shall obtain a demolition permit to remove the existing building within thirty (30) days of issuance of final occupancy. This condition is subject to extension by the Community Development Director if adverse circumstances arise. 14. Size of Plans: The maximum size of construction plans submitted for building permits shall be 24-inches by 36-inches. The minimum size is 18-inches by 24-inches. 15. Calculations and Details: Provide calculations and details required for review and approval by the Building Division, prior to issuance of building permits. 16. Construction Mitigation Measures: The applicant shall implement measures including the following: Construction activities will be limited to daytime hours of 8:00 am to 5:00 p.m. weekdays and 9:00 a.m. to 4:00 p.m. Saturdays. Construction is prohibited on Sundays and Holidays unless an exception is granted by the Building Official. B. No pile driving is allowed for construction of the project. C. All internal combustion engines for construction equipment used on the site will be properly muffled and maintained. D. All stationary noise generating construction equipment, such as air compressors and portable power generator, will be located as far as practical from the existing businesses. E. All active construction areas shall be watered at least twice daily. F. Cover all trucks hauling soil and other loose materials stationed or prior to leaving the site. Planning Commission Resomtion No. 3257 PLN2000-02 - 2415 S. Winchester Boulevard - Modification to Use Permit for Drinx Page 5 G. Pave, apply water, or apply non-toxic soil stabilizers on all unpaved surfaces, and staging areas at the construction site. H. Sweep daily all paved access roads, parking areas, staging areas, and adjacent public streets as directed by the City Engineer. I. Enclose, cover, water or apply soil binders to exposed stockpiles. J. Install sandbags or other erosion control measures to prevent runoff to all roadways, waterways or pubic walkways accessed by the public. SANTA CLARA COUNTY FIRE DEPARTMENT: 17. Plans submitted for building permits shall comply with applicable provisions of the Fire Code. PUBLIC WORKS DEPARTMENT: 18. No Public Works Department requirements. PASSED AND ADOPTED this 8th day of February, 2000, by the following roll call vote: AYES: Commissioners: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Francois, Gibbons, Hemandez, Jones, Keams, Lindstrom, Lowe None None None APPROVED: ~iiza~beth Gibbons, Chair ATTEST: Sharon Fierro, Secretary