PC Res 3878RESOLUTION N0.3878
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL RECOMMENDING DENIAL OF A PLANNED
DEVELOPMENT PERMIT (PLN2007-113) TO ALLOW THE
CONSTRUCTION OF A THREE-STORY MIXED-USE BUILDING
WITH 6,879 SQUARE FEET OF COMMERCIAL RETAIL SPACE
AND NINE APARTMENTS ON PROPERTY OWNED BY LEXMAR
DEVELOPMENT LOCATED AT 2295 & 2305 S. WINCHESTER
BOULEVARD IN A P-D (PLANNED DEVELOPMENT) ZONING
DISTRICT. APPLICATION OF MR. JIM FULTON, ON BEHALF OF
LEXMAR DEVELOPMENT. FILE NO. PLN2007-113
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
The Planning Commission finds as follows with regard to File No. PLN2007-13:
1. The proposed mixed-use will result in a use that is consistent with the Central
Commercial General Plan land use designation.
2. The proposed mixed-use project is not consistent with the P-D (Planned
Development) Zoning District in that the project is adjacent to single-story structures
while the current project is three-stories in height and not of a human scale or
massing.
3. The site plan proposes the construction of three-story mixed-use building with 6,789
square feet of commercial retail space and nine apartments, 46 parking spaces, and
associated landscaping.
4. The- project site consists of a .80 gross acres, developed with 10,135 .square feet of
total building coverage, 6,500 square feet of landscaping, and 8,045 square feet of
paving (includes the courtyard, patios, and walkways).
5. The require parking is one parking space per each 200 square feet of retail floor
area, for a total of 34.4 retail parking spaces and 23.5 spaces for the proposed
apartments, for a total of 58 parking spaces. The project provides a total of 46
parking spaces shared between the retail and residential uses which is supportable
with the recognition of shared parking and a credit for proximity of the site to the
Winchester Blvd. Light Rail Station.
6. The project has a Floor Area Ratio (FAR) of .32 per General Plan Policies and the
Zoning Ordinance which does not calculate the residential component into the FAR.
7. Land uses surrounding the project site includes commercial to the north, south, and
east, and residential to the west.
Planning Commission Resolution No. 3878
PLN2007-113 - 2295 & 2305 S. Winchester Boulevard
Recommending Denial of a Planned Development Permit
Page 2
8. The site circulation is found to be inadequate including inadequate lines of sight.
9. The design of the building utilizes varied, high quality building materials as
architectural treatments.
10. The project site will generate approximately 365 daily trips.
11. Comparing the proposed land use with the existing land use, a net difference of an
addition of (14) A.M. peak hour trips and an addition of (25) P.M. peak hour trips
would occur.
12. Based on the net difference of vehicle trips generated between the existing and
proposed use, the addition of traffic generated by the proposed project will not result
in significant changes to the intersection Levels of Service (LOS).
13. The project will not exceed, either individually or cumulatively, a LOS standard
established by the Congestion Management Program for designated roads or
highways.
14. The Planning Commission finds that this project is Categorically Exempt under
Section 15332, Class 32, of the California Environmental Quality Act (CEQA),
pertaining to infill development.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The proposed development will not result in a more desirable environment and use
of the land than would be possible under any other zoning classification.
2. The development will not be compatible with the General Plan of the City and will
aid in the harmonious development of the immediate area.
3. The development will not be compatible with the Zoning Code of the City.
4. The proposed development will be detrimental to the health, safety or welfare of the
neighborhood or the City as a whole.
5. There is a reasonable relationship and a rough proportionality between the
conditions of approval and the impacts of the project.
6. There is a reasonable relationship between the use of the fees imposed upon the
project and the type of development project.
Planning Commission Resolution No. 3878
PLN2007-113 - 2295 & 2305 S. Winchester Boulevard
Recommending Denial of a Planned Development Permit
Page 3
THEREFORE, BE IT RESOLVED that the Planning Commission recommends denial of
a Planned Development Permit (PLN2007-113) to allow the construction of a three-
story mixed-use building with 6,879 square feet of commercial retail space and nine
apartments on property owned by Lexmar Development located at 2295 & 2305 S.
Winchester Boulevard in a P-D (Planned Development) Zoning District.
PASSED AND ADOPTED this 25th day of March, 2008, by the following roll call vote:
AYES: Commissioners: Alderete, Doorley, Ebner, Gibbons, Rocha and
Roseberry
NOES: Commissioners: None
ABSENT: Commissioners: Gairaud
ABSTAIN: Commissioners: None
APPROVED:
Bob Roseberry, Chair
ATTEST:
J ie C. oung Li d, Ac ing Secretary
RESOLUTION NO. 3880
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL GRANTING A CONDITIONAL USE PERMIT
(PLN2008-29) TO ALLOW ON-SALE BEER AND WINE SALES IN
CONJUNCTION WITH AN EXISTING RESTAURANT ON PROPERTY
OWNED BY CAMPBELL PLAZA DEVELOPMENT CO. LOCATED AT
2455 S. WINCHESTER BOULEVARD IN A C-2-S (GENERAL
COMMERCIAL) ZONING DISTRICT. APPLICATION OF MS. JULIE
I<ANG. FILE NO.: PLN2008-29.
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_ +h^ ^' Commission did find as
follows with respect to application PLN^^~ "
1. The proposed on-sale beer and / ~l~~~j n with a restaurant is
consistent with the Central Commer~ ~ ~ jesignation.
2. The proposed on-sale beer and wi 'th a restaurant will be
compatible with the P-D (Planned DE 3tion with approval of a
Conditional Use Permit.
3. The project site consists of a 1,200 square foot restaurant (YUME Japanese
Restaurant) replacing an existing restaurant in an existing multi-tenant commercial
building.
4. The existing 777 parking spaces will adequately address the parking needs of the
subject site and proposed use.
5. The project site, Campbell Plaza Shopping Center, is located on the southwest corner
of Winchester Boulevard and Budd Avenue and is surrounded by commercial uses and
single-family residences to the north; commercial auto repair uses and multiple family
residences to the south; multiple family residences to the west; and a church and
commercial uses to the east.
6. The proposed project is consistent with other developments and uses in the
surrounding area.
7. No exterior modifications to the building are proposed in conjunction with the proposed
beer and wine sales.
8. The business hours shall be restricted to 11:00 a.m. to 10:00 p.m., Monday through
Sunday.
9. The hours of operation shall be restricted to 10:00 a.m. to 11:00 p.m., Monday through
Sunday.
Planning Commission Resolution No. 3880
PLN2008-29 - 2455 S. Winchester Boulevard -Use Permit - On-Sale Beer and Wine
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.
2. The proposed use is allowed within the applicable zoning district with Conditional Use
Permit approval and complies with all other applicable provisions of this Zoning Code
and the Municipal Code.
3. The proposed site is adequate in terms of size and shape to accommodate the fences
and walls, landscaping, parking and loading facilities, yards, and other development
features required in order to integrate the use with uses in the surrounding area.
4. The proposed site is adequately served by streets of sufficient capacity to carry the
kind and quantity of traffic the use would be expected to generate.
5. The establishment of beer and wine sales will not result in an over concentration of
such uses in the area.
6. The establishment of beer and wine sales, as conditioned, will not create a nuisance
due to litter, noise, traffic, vandalism, or other factors.
7. The establishment of beer and wine sales, as conditioned, will not significantly disturb
the peace and enjoyment of the nearby residential neighborhood.
8. The establishment of beer and wine sales will not significantly increase the demand on
City services.
9. The design, location, size, and operating characteristics of the proposed use are
compatible with the existing and future land uses on-site and in the vicinity of the
subject property.
10. The establishment, maintenance, or operation of the proposed use at the location
proposed will not be detrimental to the comfort, health, morals, peace, safety, or
general welfare of persons residing or working in the neighborhood of the proposed
use, or be detrimental or injurious to property and improvements in the neighborhood
or to the general welfare of the City.
11. 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.
12. There is a reasonable relationship and a rough proportionality between the conditions
of approval and the impacts of the project.
Planning Commission Resolution No. 3880
PLN2008-29 - 2455 S. Winchester Boulevard -Use Permit - On-Sale Beer and Wine
Page 3
THEREFORE, BE IT RESOLVED that the Planning Commission grants a Modification
(PLN2008-54) to a previously approved Conditional Use Permit (PLN2005-164) for the
remodel of an existing service station to accommodate a grocery store within an existing
building and with the elimination of the previously approved car wash and new service
islands on property owned by Dariani Enterprises, Inc., located at 2855 S. Winchester
Boulevard in a C-2-S (General Commercial) 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.
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
1. Declaration of Acceptance of All Conditions: Within thirty (30) days of Planning
Commission approval, the applicant shall sign the final, approved set of Conditions of
Approval. Until said Conditions are signed, the proposed Use Permit shall not be valid
for any permits sought from the City.
2. Approved Project: Approval is grants
allow on-sale beer and wine sales
(YUME Japanese Restaurant) located
shall substantially conform to the proj~
Planning Division on February 22, 20i
of approval contained herein.
i for a Conditional Use Permit (PLN2008-29) to
n conjunction with an existing restaurant use
at 2455 S. Winchester Boulevard. The project
pct plans and project description received by the
~8, except as may be modified by the conditions
3. Conditional Use Permit 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 and the conditions of approval satisfied.
Failure to meet this deadline will result in the Conditional Use Permit being void.
4. 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.
5. Business Hours: The hours of operation shall be restricted to 11:00 a.m. to 10:00 p.m.,
Monday through Sunday. The closing time shall mean the business is closed.
6. Operational Hours: The hours of operation shall be restricted to 10:00 a.m. to 11:00
p.m., Monday through Sunday. The closing time shall mean the business is closed and
all employees have exited the building.
Planning Commission Resolution No. 3880
PLN2008-29 - 2455 S. Winchester Boulevard -Use Permit - On-Sale Beer and Wine
Page 4
7. Restaurant Seating: The maximum number of seats for the restaurant shall be limited
to the existing 48 seats. No additional seats are proposed.
8. Property Maintenance: The owner/operator of the subject property shall maintain all
exterior areas of the business free from graffiti, trash, rubbish, posters and stickers
placed on the property.
9. signage: No signage is approved as part of the development application approved
herein. All signage shall be installed and maintained consistent with the provision of
the Sign Ordinance, Chapter 21.30 of the Campbell Municipal Code.
10.Outdoor Storage: No outdoor storage is permitted on the subject property. No
equipment, materials or business vehicles shall be parked and/or stored outside the
building or within the parking lot.
11. Live Entertainment: No live entertainment is approved as part of the development
application approved herein, including live music, disc jockey, karaoke, and dancing.
12. Liquor License: The applicant shall obtain a license for a Type 41 (On-Sale Beer and
Wine License for Bona Fide Public Eating Place) from the State Department of
Alcoholic Beverage Control prior to the sale of alcoholic beverages.
13. Food Service: Food service shall be available at all times alcoholic beverages are
served.
14. Loiterin There shall be no loitering allowed outside the business in the rear parking
lot or the side parking lot areas. The business owner is responsible for monitoring the
premises to prevent loitering.
15. Noise:
a. Noise Standard: Any noises, sounds and/or voices, including but not limited to
amplified sounds, loud speakers, sounds from audio sound systems, and/or music,
generated by the subject use shall not be audible to a person of normal hearing
capacity from any residential property. Public address systems of all types are
strictly prohibited.
b. Noise Management: In the event complaints are received by the City regarding
noise, 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.
16. Trash & Clean Up: All trash, normal clean up, carpet cleaning, etc. shall not be done in
the late evening or early morning hours. All clean up shall be done between 10:00 a.m.
and 11:00 p.m. daily.
17. Parking and Driveways: All parking and driveway areas shall be maintained in
compliance with the standards in Chapter 21.28 (Parking & Loading) of the Campbell
Municipal Code.
Planning Commission Resolution No. 3880
PLN2008-29 - 2455 S. Winchester Boulevard -Use Permit - On-Sale Beer and Wine
Page 5
PASSED AND ADOPTED this 22"d day of April, 2008, by the following roll call vote:
AYES: Commissioners: Ebner, Gairaud, Gibbons and Roseberry
NOES: Commissioners: None
ABSENT: Commissioners: Alderete, Doorley and Rocha
ABSTAIN: Commissioners: None
APPROVED:
Bob Roseberry, Ch r
ATTEST:
J ie C. ung d, A ting Secretary