PC Res 4020RESOLUTION NO. 4020
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING MODIFICATIONS (PLN2011-32)
TO A PREVIOUSLY APPROVED SITE AND ARCHITECTURAL
REVIEW PERMIT TO ALLOW AN EXTERIOR REMODEL OF AN
EXISTING VACANT COMMERCIAL TENANT SPACE FOR A
PROPOSED RESTAURANT (PACIFIC CATCH) ON PROPERTY
LOCATED AT 1875 S. BASCOM AVENUE, SUITE 550, KNOWN AS
THE PRUNEYARD SHOPPING CENTER, WITHIN THE C-2
(GENERAL COMMERCIAL) ZONING DISTRICT. FILE NO.:
PLN2011-32.
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 PLN2011-32:
Environmental Finding
1. The project qualifies as a Categorically Exempt project per Section 15301 Class 1 of the
California Environmental Quality Act (CEQA) pertaining to minor alterations to an existing
private structure, involving negligible or no expansion of use beyond that existing at the
time of the lead agency's determination.
Evidentiary Findings
1. The project site is zoned C-2 (General Commercial) on the City of Campbell Zoning Map.
2. The project site is designated General Commercial on the City of Campbell General Plan
Land Use Map.
3. The project site is located at the northeast corner of South Bascom Avenue and East
Campbell Avenue.
4. The proposed project will be compatible with the C-2 (General Commercial) with the
approval of a Modification to a Previously Approved Site and Architectural Review
Permit.
5. The proposed project includes a corner tenant space with an outdoor seating area that
acts as the entryway into the Pruneyard Shopping Center. Due to its location on site and
the existing outdoor seating area, special consideration has been given to this tenant
space allowing variation from the established architecture to allow for the proposed
facade improvements.
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6. The proposed Modification does not add additional building square footage and does not
detract from the overall design of the existing shopping center.
7. 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.
8. There is a reasonable relationship and a rough proportionality between the Conditions
of Approval and the impacts of the project.
9. There is a reasonable relationship between the use of the fees imposed upon the project
and the type of development project.
Based upon the foregoing findings of fact and pursuant to Campbell Municipal Code Sec.
21.42.060(8), the Planning Commission further finds and concludes that:
1. The project will be consistent with the general plan;
2. The project will aid in the harmonious development of the immediate area; and
3. The project is consistent with applicable adopted design guidelines.
THEREFORE, BE IT RESOLVED that the Planning Commission grants Modifications
(PLN2011-32) to a previously approved Site and Architectural Review Permit to allow an
exterior remodel of an existing vacant commercial tenant space for a proposed restaurant
(Pacific Catch) on property located at 1875 S. Bascom Avenue, Suite 550, known as the
Pruneyard Shopping Center within the C-2 (General Commercial) Zoning District.
The applicant is hereby notified, as part of this application, that he/she is required to meet
the following conditions in accordance with the ordinances of the City of Campbell and the
State of California. Where approval by the Community Development Director, 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. Approved Project: Approval is granted for a approving a Modification to a Previously
Approved Site and Architectural Review Permit (PLN2011-32) to allow an exterior
remodel of an existing 4,876 square foot vacant commercial tenant space that includes
increased square footage of the outdoor patio area. The project shall substantially
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conform to the project plans stamped as received by the Planning Division on March 25,
2011, except as may be modified by the Conditions of Approval herein.
2. Permit Expiration: The Modification to a Previously Approved Site and Architectural
Review Permit approval shall be valid for one year from the date of final approval (May
6, 2013). Within this one-year period an application for a building permit must be
obtained. Failure to meet this deadline will result in the Modification of the Previously
Approved Site and Architectural Review Permit being rendered void.
3. Planning Final Required: Planning Division clearance is required prior to Building Permit
final. Construction not in substantial compliance with the approved project plans shall not
be approved without prior authorization of the necessary approving body.
4. Previous Approvals: The Conditions of Approval associated with UP96-14 (Planning
Commission Resolution 3059) that are not modified herein remain in full effect, including
hours of operation, food service, and time limitation on the redesigned covered patio and
uncovered patios seating area.
5. Hours of Operation: The approved hours of operation remain unchanged and include
indoor Operations between 11:00 AM and 2:00 AM, Sunday through Saturday and
outdoor operations (outdoor covered and covered seating areas) between the hours of
11:00 AM and - 10:30 PM Sunday through Saturday. At no time shall the outdoor
seating areas remain open beyond 10:30 PM.
6. Occupancy: A maximum of 119 indoor seats and 36 outdoor seats (covered and
uncovered patio seating) is allowed. At no time shall occupancy exceed 155 people be
allowed between the hours of 11:00 AM and 10:30 PM. At no time shall the occupancy
exceed 119 people between the hours of 10:30 PM and 2:00 AM.
7. Detail Drawings: The building permit construction plans shall include detail drawings
("cut-sheets") of the architectural elements, as required by the Planning Division.
Parkin :All parking and driveway areas shall be maintained in compliance with the
standards in Section 21.10.060 (C-3 Zoning District) and Chapter 21.28 (Parking &
Loading) of the Campbell Municipal Code.
9. Compliance with Other Regulations: The applicant shall comply with all state, county,
and city regulations and laws that pertain to the proposed project.
10. On-Site Lighting: On-site lighting shall be shielded away from adjacent properties and
directed on site. The design and type of lighting fixtures and lighting intensity of any
proposed exterior lighting for the project shall be reviewed by the Community
Development Director prior to installation of the lighting for compliance with all applicable
Conditions of Approval, ordinances, laws and regulations. The Director will have the
authority to reject, approve or request modifications to the lighting design to achieve
these goals.
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11. Construction Activities: The applicant shall abide by the following requirements during
construction:
a. The project site shall be posted with the name and contact number of the lead
contractor in a location visible from the public street prior during all periods of
construction.
b. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00 p.m.
and Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take place on
Sundays or holidays unless an exception is granted by the Building Official.
c. All construction equipment with internal combustion engines used on the project site
shall be properly muffled and maintained in good working condition.
d. Unnecessary idling of internal combustion engines shall be strictly prohibited.
e. All stationary noise-generating construction equipment, such as air compressors and
portable power generators, shall be located as far as possible from noise-sensitive
receptors such as existing residences and businesses.
f. Use standard dust and erosion control measures that comply with the adopted Best
Management Practices for the City of Campbell.
Building Division
12. Permits Required: A building permit application shall be required for the proposed
alterations to the (e) commercial structure. The building permit shall include
Electrical/Plumbing/Mechanical fees when such work is part of the permit.
13. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet
of construction plans submitted for building permit.
14. Size of Plans: The minimum size of construction plans submitted for building permits
shall be 24 in. X 36 in. Applicant shall also submit (1) reduced size 11"x 17" copy of
plans and submit any necessary revision sheets for this copy as required.
15. 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.
16. 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.
17. Title 24 Energy Compliance: California Title 24 Energy Compliance forms shall be blue-
lined on the construction plans. 8'/2 X 11 calculations shall be submitted as well.
Compliance with the Standards shall be demonstrated for conditioning of the building
envelope and lighting of the building.
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18. Special Inspections: When a special inspection is required by C.B.C. Chapter 17, 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 C.B.C Appendix Chapter 1, Section 106. Please obtain City of
Campbell, Special Inspection forms from the Building Inspection Division Counter.
19. Non-point Pollution Control Program: 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" X 36") is available at the Building Division
service counter.
20. Title 24 Accessibilitv -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 sidewalks.
21. Title 24 Accessibilitv -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.
22. Approvals Required: The project requires the following agency approval prior to
issuance of the building permit:
a. Santa Clara County Fire Department
b. Santa Clara County Department of Environmental Health
23. 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.
24. LEED for New Construction: Applicant shall complete and return LEED Project Checklist
prior to the issuance of a Building Permit.
Santa Clara County Fire Department
25. Project Review: Review of this development proposal is limited to acceptability of site
access and water supply as they pertain to fire department operations, and shall not be
construed as a substitute for formal plan review to determine compliance with adopted
model codes. Prior to performing any work, the applicant shall make application to, and
receive from, the Building Department all applicable construction permits.
26. Interior Modification: Modification of the existing interior space may require
reconfiguration of the fire sprinkler system. A State of California licensed (C-16) Fire
Protection Contractor shall submit plans, calculations, a completed permit application
Planning Commission Resolution No. 4020
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and appropriate fees to this department for review and approval prior to beginning their
work.
27. Building Permit Submittal: To prevent plan review and inspection delays, the above
noted Development Review Conditions shall be restated as "notes" on all pending and
future plan submittals and any referenced diagrams to be reproduced onto the future
plan submittal.
PASSED AND ADOPTED thi:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
26t" day of April, 2011, by the following roll call vote:
Alster, Brennan, Ebner, Gibbons, Resnikoff and
Roseberry
None
Reynolds
None
~ r'
APPROVED: ,~~r( Y
Bob Roseberry, Ch it
ATTEST:
Kir inric ,Secretary