PC Res 3956RESOLUTION NO. 3956
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE
PERMIT (PLN2009-61) TO ALLOW LATE NIGHT OPERATIONS
FOR AN EXISTING STARBUCK'S CAFE ON PROPERTY OWNED
BY 267 EAST CAMPBELL, LLC, LOCATED AT 267 E. CAMPBELL
AVENUE IN THE C-3-S (CENTRAL COMMERCIAL) ZONING
DISTRICT. APPLICATION OF MR. JEFFREY EATON, JE
ARCHITECTS, ON BEHALF OF STARBUCKS COFFEE COMPANY.
FILE NO.: PLN2009-61.
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 PLN2009-61:
1. The proposed late night operational hours in conjunction with the existing cafe are
consistent with the Central Commercial General Plan land use designation.
2. The proposed late night operational in conjunction with the existing cafe will be
compatible with the C-3 (Central Commercial) zoning designation with approval of a
Conditional Use Permit and the recommended conditions of approval.
3. The project site consists of a 1,650 square foot tenant space in a 7,700 square-foot
property.
4. The project site is located at the northwest corner of South First Street and East
Campbell Avenue.
5. The project site is adjacent to commercial uses in all directions.
6. The proposed project is consistent with other commercial developments and uses in the
surrounding area.
7. No exterior modifications to the building are proposed.
8. The Police Department has not expressed a concern with the proposed project.
9. The hours of operation shall be restricted to:
• Business Hours 5:00 AM to 11:30 PM
• Operational Hours: 4:00 AM to 12:00 AM
10. 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. 3956
PLN2009-61 - 267 E. Campbell Avenue -Use Permit -Late Night Hours
Page 2
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 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.
6. 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.
7. The requested late night hours for an existing cafe will not result in an over
concentration of such uses in the area.
8. The requested late night hours for an existing cafe will not create a nuisance due to
litter, noise, traffic, vandalism, or other factors.
9. The requested late night hours for an existing cafe will not significantly increase the
demand on City services.
10. 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.
11. There is a reasonable relationship and a rough proportionality between the conditions
of approval and the impacts of the project.
THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional
Use Permit (PLN2009-61) to allow late night operations for an existing Starbucks Cafe on
Planning Commission Resolution No. 3956
PLN2009-61 - 267 E. Campbell Avenue -Use Permit -Late Night Hours
Page 3
property owned by 267 East Campbell, LLC, located 267 E. Campbell Avenue in a C-3-S
(Central Commercial) Zoning District.
Where approval by the Director of Community Development, City
Director, City Attorney or Fire Department is required, that review
with all applicable conditions of approval, adopted policies and
laws and regulations and accepted engineering practices for
Additionally, the applicant is hereby notified that he/she is req~
applicable Codes or Ordinances of the City of Campbell and the
pertain to this development and are not herein specified.
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
Engineer, Public Works
shall be for compliance
guidelines, ordinances,
he item under review.
fired to comply with all
State of California that
1. Declaration of Acceptance of All Conditions: Within thirty (30) days of Planning
Commission approval, the business owner shall sign a copy of the subject Planning
Commission Resolution, incorporating the final approved set of Conditions of Approval.
Until said Resolution is signed, the approved Conditional Use Permit shall not be valid
for any permits sought from the City.
Acknowledged ~ Accepted:
Starbucks Coffee Company Date
2. Approved Project: Approval is granted for a Conditional Use Permit (PLN2009-61) to
allow late night operational hours at 267 E. Campbell Avenue. The project shall
substantially conform to the revised project plans and written description stamped as
received by the Planning Division on June 15, 2009, except as may be modified by the
conditions of approval contained herein.
Approved Hours of Operation are as follows:
• Business Hours 5:00 AM to 11:30 PM
• Operational Hours: 4:00 AM to 12:00 AM
3. Conditional Use Permit Approval Expiration: The approved Conditional Use Permit
shall be valid in perpetuity with continued operation of the use. Abandonment,
discontinuation, or ceasing of operations for a continuous period of twelve months shall
void the Conditional Use Permit approved herein.
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
Planning Commission Resolution No. 3956
PLN2009-61 - 267 E. Campbell Avenue -Use Permit -Late Night Hours
Page 4
consideration of revocation of the Conditional Use Permit by the Planning Commission.
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.
5. 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, including the rear parking lot.
6. Noise:
a. Noise Standard: Any noises, sounds and/or voices, including but not limited to
amplified sounds, loud speakers, sounds from audio sound systems, music, and/or
public address system, generated by the subject use shall not be audible to a
person of normal hearing capacity from any residential property.
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.
PASSED AND ADOPTED this 11th day of August, 2009, by the following roll call vote:
AYES: Commissioners
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
Alderete, Ebner, Gairaud, Gibbons and Roseberry
None
Alster and Rocha
None
APPROVED:
ATTEST: ~ `-~ ~
Paul Ker 'yan, Secretary