Use Permit - Withdrawn - 2003April 10, 2003
Millie Wang
18189 Sage Court
Saratoga, CA 95070
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CITY OF CAMPBELL
Community Development Department
CAMPBELL
Re:
Application for a Conditional Use Permit for Late Night Hours at Jack in the Box
PLN2003-35 - 510 W. Hamilton Avenue
Dear Ms. Wang,
The Planning Division has reviewed your application for a Conditional Use Permit for late night
hours at Jack in the Box at 510 West Hamilton Avenue. As you are aware, the City Council
adopted an amendment to the City's Zoning Code in 2001 that requires all uses that are non-
conforming with regards to their hours of operation to come into compliance with all applicable
regulations of the Zoning Code by May 3, 2003. Conditional Use Permits are required for late
night uses occurring between 11:00 p.m. and 6:00 a.m. in the Neighborhood Commercial (C-l),
General Commercial (C-2) and Central Commercial (C-3) zoning districts.
Your commercial business is located in the Planned Development (P-D) zoning district. After
receiving your application, I consulted with the City's Attorney and determined that the Zoning
Code does not include any regulations that require approval of a Conditional Use Permit for late
night hours in the P-D zoning district. Consequently, your business cannot be non-conforming
with regards to the hours of operation and a Conditional Use Permit is not required to continue
late night operations. Based on this determination, your application cannot be and you will be
refunded the fees that you paid on March 31, 2003 in the amount of $1,796. This refund check
will be mailed to you on Monday, April 14th.
I realize that you have spent a great deal of time, money and effort preparing the application
submittal and that you consulted with staff before submitting the application and were told that
the application was required. Staff mistakenly believed that the Use Permit was required for all
commercial uses in the City until the City Attorney determined the contrary. I apologize for any
inconvenience that this has caused you and hope that you understand that this was an inadvertent
mistake.
The City is currently conducting an update of the Zoning Code and reviewing the current
regulations of the P-D zoning district. It is possible that in the future the P-D zoning district may
be amended to require approval of a Conditional Use Permit for late night hours. Public notice
will be provided if any of these changes are proposed.
Please feel free to contact me if you have any questions regarding this issue at (408) 866-2193.
Sincerely,
Darcy Smith
Planner Il
70 North First Street · Campbell, California 95008-1436 . TEt. 408.866.2140 - F^X 408.871 .5 140 - TDD 408.866.2790
March 15, 2003
From:
To:
Millie Wang, Franchisee
Jack in the Box Restaurant
510 West Hamilton Avenue
Campbell, CA. 95008
City of Campbell
Use Permit Application
Part 4: Written Statement
Dear City of Campbell,
The Jack in the Box Restaurant located at 510 West Hamilton Avenue, Campbell,
CA is requesting a use permit to remain open for business throughout its current hours of
operation as established previously. However, a law passed two years ago threatens to
restrict our current hours of business. This Jack in the Box Restaurant has been
established in Campbell since 1976. Since then, we have maintained the same hours of
operation for the restaurant's drive-thru window opening Sunday through Thursday from
6AM to 1AM and on Friday and Saturday from 6AM to 2AM. Our dining room closes
promptly at 11 PM each night. We have been operating our business under these hours for
the past 27 years and wish to continue to do so. Currently, the restaurant has a total of 23
employees hired with 8 employees working each shift.
We are writing to request a use permit to allow this Jack in the Box restaurant to
continue to operate under the aforementioned schedule as has been done for the past 27
years. Specifically, we request that the restaurant receive a "grandfather" exception given
that we have operated under these hours for the past stated amount of time. We seek a use
permit to allow this business to continue to operate its drive-thru window Sunday through
Thursday from 6AM to 1AM and on Friday and Saturday from 6AM to 2AM. The dining
room will continue to close promptly at 11 PM each night.
Thank you for your attention and consideration in this matter.
CITY OF CA IPSELI.
PLANNING DEPT.
Sincerely,