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Use Permit - Denny's - 2004 Tim J. Haley 70 N. First Street (408) 866-2140 (408) 866-8381 (fax) City of Campbell Community Development Department Fax To: Ron Riley -Denny's From: Tim 1. Haley Fax: 371-0377 Phone: 898 - 7076 (m) Re: o Urgent X As requested Pages: 3 Date: February 22,2005 o Please Comment 0 Please Reply The condition of the use permit regarding landscaping follows: Landscape Plan: The applicant shall submit four sets of a landscape and irrigation plan indicate refurbishment of existing planting areas to the Planning Division, within 45 days of Conditional Use Permit Approval, for review and approval by the Community Development Director. The landscape and irrigation plan shall substantially conform with the approved conceptual landscape plan and the City's Water Efficient Landscaping Standards (WELS) and shall include the following: a. Provide a combination of screening shrubs, trees and vines along the street and around the parking area. b. All shrubs shall be a minimum five gallon size plant material and all trees shall be a minimum 24 inch boxed container. Tim Page I of I Tim Haley From: Tim Haley Sent: Wednesday, February 16, 20054:51 PM To: Edward Arango; John Iaquinto Cc: Steve Prosser Subject: Replacement of trees in tree wells (Commercial properties) Ed: In conjunction with a use permit for a twenty-four hour operation at Denny's on Bascom (2060 S. Bascom). The Planning Commission asked that we address the condition of landscaping associated with the restaurant. It is pretty sparse. The three tree wells along Arroyo Seco Drive are empty. Do we have a program to replace city street trees in the public-right-of way adjacent to commercial properties? I'll work with the property owner to enhance their on-site landscaping. Thanks Tim J. Haley Associate Planner phone: 408 866 2144 fax: 4088715140 timh@cityofcampbell.com 2/16/2005 0\ . CA-1j/> ,-".... ~ !:: f' U r I CAMPBELL ~. / '" (.,' (J/ICHA\tO CITY OF CAMPBELL Community Development Department ~. t())2 T/Jl ()!thaIi1 (JI) 200] December 1, 2004 Creative Restaurant Group, Inc. 11344 San Pablo Avenue El Cerrito, CA 94530 Re: Denny's #7416 - 2060 S. Bascom Avenue Dear Business Owner: The Planning Commission on June 8, 2004 conditionally approved a Conditional Use Permit to allow your restaurant to be operated on a 24 hour basis. Condition No.5 of approval required that you submit a landscape and irrigation plan by July 24, 2004 to illustrate how the landscape areas associated with your restaurant would be refurbished due to a lack of on-going maintenance. This condition has not been satisfied as of this date. Please submit a landscape plan with 30 days on or before December 31, 2004 to satisfy this condition. Should you have any questions regarding this condition, please contact me at (408) 866-2144 or via e-mail attimh@citvofcampbell.com. Sincerely ~ \ ~ \+r- Tim Haley Associate Planner end: Planning Commission Resolution No. 3570 cc: GeoffBradley, Senior Planner Steve Prosser, Code Enforcement Officer 70 North First Street Campbell, California 95008-1436 . TEL 408.866.:2 140 fAX 408.871.5140 . TI)\) 408.866.:2790 0\ . CAilt . :/>(\'> t: (<' - r- U r CAMPBELL -' "5- ". '" :: (., o . RCHA\1.Q r--- i CITY OF CAMPBELL '~ i ~ Community Development Department June 9, 2004 Mr. Amrit Benepal Denny's #7416 2060 S. Bascom Avenue Campbell, CA 95008 Re: PLN2004-42- 2060 S. Bascom Avenue - Use Permit - Denny's Dear Applicant: Please be advised that at its meeting of June 8, 2004, the Planning Commission adopted Resolution No. 3570 approving a Conditional Use Permit (PLN2004-42) to allow 24-hour restaurant operation within an existing restaurant on the above referenced property. This action is effective in ten calendar days, unless appealed in writing to the City Clerk by 5 p.m. on Friday, June 18, 2004. California Code of Civil Procedure, Section 1094.6, governs the time within which judicial review of this decision must be sought. If you have any questions, please do not hesitate to contact me at (408) 866-2140. Since~ /, ::-~I .~V Tim J. Haley Associate Planner cc: Frank Mills, Building Division Chris Veargason, County Fire Department Denny's (Property Owner) 203 East Main Street Spartanburg,SC 29319 70 North First Street . Campbell, California 95008- I 4 36 TEL 408.866.:2 I 40 fAX 408.871 .5140 . Tim 408.866.:2 790 Planning Commission Resolution No. 3570 PLN2004-42 - 2060 S. Bascom Avenue -Conditional Use Permit - Denny's #7416 Page 2 4. The subject site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features required in order to integrate said use with uses in the surrounding area. 5. The subject site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such uses would generate. 6. The proposed project will aid in the enhancement and the harmonious development of the immediate area. 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. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit (pLN2004-42) to allow 24-hour restaurant operation within an existing restaurant on property owned by Denny's located at 2060 S. Bascom Avenue, in a C-2-S (General Commercial) Zoning District, subject to the following conditions. 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 helshe 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 PI.nnine Division: 1. Apl'roved Proiect: Approval is granted for a Conditional Use Permit (pLN2004-42) to allow late night operational hours (24 hours) for an existing restaurant on property located at 2060 S. Bascom Avenue. The project shall substantially conform to the plans received by the Planning Division on April 5, 2004, except as may be modified by the conditions of approval contained herein. 2. Conditional Use Permit t\p,proval 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. Planning Commission Resolution No. 3570 PLN2004-42 - 2060 S. Bascom Avenue -Conditional Use Permit - Denny's #7416 Page 3 3. Revocation of Penn it: 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. 4. 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. 5. Landscape Plan: The applicant shall submit four sets of a landscape and irrigation plan indicate refurbishment of existing planting areas to the Planning Division, within 45 days of Conditional Use Permit Approval, for review and approval by the Community Development Director. The landscape and irrigation plan shall substantially conform with the approved conceptual landscape plan and the City's Water Efficient Landscaping Standards (WELS), installation of landscaping shall be completed within 30 days of approval of the landscape plan and shall include the following: a. Provide a combination of screening shrubs, trees and vines along the street and around the parking area b. All shrubs shall be a minimum five-gallon size plant material and all trees shall be a minimum 24-inch boxed container. c. In the event that the landscape requirements and deadlines are not met as established by this Condition, 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. 6. 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. 7. 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. 8. Operational Hours: The operational hours shall be limited to 24 hours daily. 9. Parking and Driveways: All parking and driveway areas shall be maintained in compliance with the standards in Chapter 21.50 of the Campbell Municipal Code. Planning Commission Resolution No. 3570 PLN2004-42 - 2060 S. Bascom Avenue -Conditional Use Permit - Denny's #7416 Page 4 10. On-Site Lighting: Any proposed 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 exterior lighting shall be reviewed and approved by the Community Development Director, prior to issuance of a building permit. Lighting fixtures shall be of a decorative design to be compatible with the development and shall incorporate energy saving features. 11. Signs: No signage is permitted as part of the development application approved herein. New signage shall not be installed prior to approval of a sign permit as required by Chapter 21.53 of the Campbell Municipal Code. PASSED AND ADOPTED this 8th day of June, 2004, by the following roll call vote: AYES: Commissioners: Doorley, Francois, Gibbons, Hernandez, Rocha and Roseberry None Alderete None NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: ATTEST: ,~jj(1/WY) Yw~ Sharon Fierro, Secretary APPROVED: G !' .- Item No.1 -\,~O'i . CA-11/.>~ !::: ~ U r- o 0 -' ... 1- ... ~ ,,' . O~CH ..."Il' CITY OF CAMPBELL. PLANNING COMMISSION Staff Report. June 8, 2004 PLN2004-42 Benepal, A. Public Hearing to consider the application of Mr. Amrit Benepal, on behalf of Denny's, for a Conditional Use Permit (PLN2004-42) to allow late night operational hours (24 hr restaurant) for an existing restaurant on property owned by Denny's located at 2060 S. Bascom Avenue in the C-2-S (General Commercial) Zoning District. STAFF RECOMMENDATION That the Planning Commission take the following action: 1. Adopt a Resolution, incorporating the attached findings, approving a Conditional Use Permit (PLN2004-42) to allow late night operations hours (twenty-four hours) for an existing restaurant (Denny's), subject to the attached conditions of approval. ENVIRONMENTAL DETERMINATION Staff recommends that the Planning Commission find that this project is Categorically Exempt under Section 15301, Class 1 of the California Environmental Quality Act (CEQA), pertaining to minor alterations to existing private structures. PROJECT DATA Net Lot Area: 46,609 square feet (1.07 acres) Site Utilization: Building Coverage: Landscape Coverage: Paving Coverage: 5,955 square feet (13 %) 6,500 square feet (14 %) 34,154 square feet (73 %) Floor Area Ratio: .13 Seating: 149 Seats Parking Provided: 74 spaces (70 standard, 4 disabled) or 2.4 seats per parking space Operational Hours: 24 hrs., daily Surrounding Uses: North: South: East: West: Commercial Commercial Single-Family Residential Commercial Staff Report - Planning COl...ission Meeting of June 8, 2004 PLN2004-42 - 2060 S. Bascom Avenue Page 2 DISCUSSION Applicant's Proposal: The applicant is requesting approval of a Conditional Use Permit to allow late night operations for an existing restaurant (Denny's) located at 2060 S. Bascom Avenue. Background: On April 3, 2001 the City Council adopted Ordinance No. 2002, which is intended to eliminate non-permitted late night uses. The ordinance requires businesses in the City's commercial zoning districts to obtain a Conditional Use Permit to operate between 11 :00 p.m. and 6:00 a.m. Even businesses that were previously "grand fathered" are required to comply with the standard hours of operation or obtain a Conditional Use Permit from the Planning Commission for late night operations. The subject property is currently developed with a single-story restaurant constructed in 1975 under a Site and Architectural Review Permit (S 75-29). The building has been used as a restaurant since its construction. Denny's has been operating for 24 hours for numerous years based upon the current manager's information and is now requesting approval of late night operations, pursuant to the requirements of Ordinance No. 2002. Proiect Location: The project site is located on the southeast corner South Bascom Avenue and Arroyo Seco Drive and is surrounded by commercial uses on the north and west sides, residences and commercial uses to the south and single-family residences to the east. ANALYSIS General Plan Designation: The General Plan land use designation for the project site is General Commercial. The proposed late night operational hours in conjunction with the existing retail store is consistent with this land use designation. Zoning Designation: The zoning designation for the project site is C-2-S (General Commercial). The C-2-S Zoning District allows late night uses occurring between 11 :00 p.m. and 6:00 a.m. with approval of a Conditional Use Permit. The proposed project will be consistent with the Zoning Ordinance with approval of a Conditional Use Permit. Late Night Operations: The applicant is requesting approval to maintain the twenty-four hour operation of the restaurant. The existing business currently operates on a twenty-four hour basis and the owner has indicated in the attached business description (Attachment #3) that these hours are required as part of their franchise agreement. Other commercial businesses such as Safeway grocery store and the drive-up window at Walgreen's Drugstore provide twenty-four hour serVIces. A condition of approval has been added that allows for review of the Conditional Use Permit by the Planning Commission if verified complaints are received by the City. If staff is unable to immediately resolve the matter with the business owner/operator, 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. Staff Report - Planning Con...iission Meeting of June 8, 2004 PLN2004-42 - 2060 S. Bascom Avenue Page 3 Parking: Pursuant to the Campbell Parking and Loading Ordinance, one parking space is required for each 3 seats for a restaurant use. The applicant has indicated the provision of one space for each 2.4 seats, thus exceeding the parking requirement. Landscaping: Approximately 13 percent of the project site is approved for landscaping. These areas have not been maintained in accordance with the approved landscape plans. Staff is recommending a condition of approval that the landscaping areas associated with this restaurant be refurbished with trees, shrubs and ground cover to provide an attractive landscaping concept consistent with the original landscape plan approval. Exterior Modifications: No exterior modifications to the building or project site are proposed in conjunction with the late night operations request. Police Department Review: The Campbell Police Department has reviewed the application and has no concerns or objections to the late night operations requested at this location. Site and Architectural Review Committee: The Site and Architectural Review Committee did not review this application, as there are no changes proposed to the exterior of the building or site configuration. Attachments: 1. Findings for Approval of File No. PLN2004-42 2. Conditions of Approval for File No. PLN2004-42 3. Letter of Description 4. Exhibits 5. Location Map Prepared by: Approved by: Attachment # 1 FINDINGS FOR APPROVAL OF FILE NO. PLN2004-42 SITE ADDRESS: APPLICANT: P.c. MEETING: 2060 S. Bascom Avenue Amrit Benepal on behalf of Denny's June 8, 2004 Findings for approval of a Conditional Use Permit to allow late night operations for an existing restaurant on property located at 2060 S. Bascom Avenue. The Planning Commission finds as follows with regard to file number PLN2004-42: 1. The proposed late night operations is consistent with the General Plan land use designation of General Commercial and the C-2-S (General Commercial) Zoning District. 2. The project site consists of a 46,609 square foot lot, developed with 5,955 square feet of building area, 6,500 square feet of landscaping, and 34,154 square feet of paving. 3. The existing 149 parking spaces will adequately address the parking needs of the subject site and proposed use. 4. The project site is located on the southeast comer South Bascom A venue and Arroyo Seco Drive and is surrounded by commercial uses on the north, south and west sides and single- family residences to the east. 5. The proposed project is consistent with other developments and uses in the surrounding area. 6. The Police Department has not expressed a concern with the proposed project. 7. Business hours shall be restricted to 24 hrs. daily. 8. 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 and Zoning Ordinance. 2. The establishment, maintenance, or operation of the use 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, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. 3. The proposed use is compatible with the uses in the area. Attachment # I Page 2 of2 4. The subject site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features required in order to integrate said use with uses in the surrounding area. 5. The subject site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such uses would generate. 6. The proposed project will aid in the enhancement and the harmonious development of the immediate area. 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. Attachment #2 CONDITIONS OF APPROVAL FOR FILE NO. PLN2004-42 SITE ADDRESS: APPLICANT: P.C. MEETING: 2060 S. Bascom Avenue Amrit Benepal on behalf of Denny's June 8, 2004 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 Plannin!! Division: 1. Approved Proiect: Approval is granted for a Conditional Use Permit (PLN2004-42) to allow late night operational hours (24 hours) for an existing restaurant on property located at 2060 S. Bascom Avenue. The project shall substantially conform to the plans received by the Planning Division on April 5, 2004, except as may be modified by the conditions of approval contained herein. 2. 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. 3. 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. 4. 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. 5. Landscape Plan: The applicant shall submit four sets of a landscape and irrigation plan indicate refurbishment of existing planting areas to the Planning Division, within 45 days of Conditional Use Permit Approval, for review and approval by the Community Development Director. The landscape and irrigation plan shall substantially conform with the approved conceptual landscape plan and the City's Water Efficient Landscaping Standards (WELS) and shall include the following: a. Provide a combination of screening shrubs, trees and vines along the street and around the parking area. Attachment #2 Page 2 of2 b. All shrubs shall be a minimum five gallon size plant material and all trees shall be a minimum 24 inch boxed container. 6. 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. 7. 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. 8. Operational Hours: The operational hours shall be limited to 24 hours daily. 9. Parking and Drivewavs: All parking and driveway areas shall be maintained in compliance with the standards in Chapter 21.50 of the Campbell Municipal Code. 10. On-Site Lighting: Any proposed 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 exterior lighting shall be reviewed and approved by the Community Development Director, prior to issuance of a building permit. Lighting fixtures shall be of a decorative design to be compatible with the development and shall incorporate energy saving features. 11. Signs: No signage is permitted as part of the development application approved herein. New signage shall not be installed prior to approval of a sign permit as required by Chapter 21.53 of the Campbell Municipal Code.