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CITY of CAMPBELL
Community Development Department
February 10, 2011
Re: File No: PLN2009-004
Address: 49 W. Hamilton Avenue
Application: Conditional Use Permit (24 hour Operations)
Planning Commission Resolution #3947 is void due to the applicant's failure to comply with the
Conditions of Approval within a one year period ending May 28, 2010. Therefore, the previous
operational hours set forth with the original Use Permit (UP76-13) and Resolution #~?853 for the
Modification of the previously approved Conditional Use Permit (M93-06) are still in effect.
Sin rely,
Steve Prosser
Associate Planner
cc: File
70 North First Street • Campbell, California 95008-1423 • TEL 408.866.2140 • FAX 408.871.5140 • TDD 408.866.2790
CITY of CAMPBELL
Community Development Department
May 28, 2009
Ms. Myrna Schultz
Strategic Restaurants Acquisition Company II, LLC
3000 Executive Parkway, #515
San Ramon, CA 94583
Re: PLN2009-04 - 49 W. Hamilton Avenue -Use Permit - 24 Hour Operation
Dear Applicant:
Please be advised that at its meeting of May 26, 2009, the Planning Commission adopted
Resolution No. 3947 granting a Conditional Use Permit (PLN2009-04) to allow 24 hour
operation at an existing Burger King fast food restaurant with an existing drive through
component 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 5, 2009. The time within which judicial review of this action must be
sought is governed by Section 1094.6 of the California Code of Civil Procedure, unless
another statute (such as California Government Code Section 65009 or some other
applicable provision) sets forth a more specific time period.
Please sign the acknowledgement on page 3 of the Resolution and return it to the Planning
Division, 70 N. First Street, Campbell, CA 95008, within 30 days. If you have any
questions, do not hesitate to contact me at (408) 866-2140.
Sincerely,
Steve Prosser
Associate Planner
cc Ciddy Wordell, Acting Principal Planner
Ed Arango, Associate Engineer
Frank Mills, Senior Building Inspector
Chris Veargason, Deputy Fire Marshall II
Albert Tung (Property Owner), 3000 Executive Pkwy, #515, San Ramon, CA 94583
RESOLUTION NO. 3947
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE
PERMIT (PLN2009-04) TO ALLOW 24-HOUR OPERATION AT AN
EXISTING BURGER KING FAST FOOD RESTAURANT WITH AN
EXISTING DRIVE THROUGH COMPONENT ON PROPERTY
OWNED BY MR. ALBERT TUNG LOCATED AT 49 W. HAMILTON
AVENUE IN A C-2-S (GENERAL COMMERCIAL) ZONING
DISTRICT. APPLICATION OF MS. MYRNA SCHULTZ, ON
BEHALF OF STRATEGIC RESTAURANTS ACQUISITION
COMPANY II, LLC. FILE NO.: PLN2009-04.
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 PLN2009-04:
The proposed operational hours and late night activities in conjunction with a fast food
restaurant are consistent with the General Commercial General Plan land use
designation.
2. The proposed operational hours and late night activities for a fast food restaurant will be
compatible with the C-2-S (General Commercial) zoning designation with approval of a
Conditional Use Permit.
3. The project site consists of a 3,755 square foot restaurant with drive through service on
a .89 acre site that was originally constructed in 1976.
4. The project site is located on the north side of West Hamilton Avenue at the northwest
corner of W. Hamilton Avenue and Winchester Boulevard. The property is surrounded
by commercial uses to the east, west and south and commercial/residential uses to the
north.
5. The proposed project is consistent with other commercial developments and uses in the
surrounding area.
6. No exterior modifications to the building are proposed in conjunction with the proposed
late night activities.
7. The Police Department has not expressed a concern with the proposed project.
Planning Commission Resc._~ion No. 3947
PLN2009-04 - 49 W. Hamilton Avenue -Use Permit - 24 Hour Operation -Burger King
Page 2
8. The hours of operation shall be restricted to:
a) Outdoor activities (e.g., parking lot cleaning, trash pick-up, staff use of dumpsters,
parking lot sweeping and deliveries) shall be limited to 6:00 a.m. to 10:00 p.m.
b) Restaurant operation is permitted on a 24 hour basis.
c) The use of the drive through shall be limited to the hours of 7:00 a.m. to midnight
daily.
9. 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 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 establishment a restaurant use on a 24 hour basis will not result in an over
concentration of such uses in the area.
8. The establishment of a restaurant on a 24-hour basis will not create a nuisance due to
litter, noise, traffic, vandalism, or other factors, with the adoption of the recommended
Conditions of Approval.
Planning Commission Resc. _..ion No. 3947
PLN2009-04 - 49 W. Hamilton Avenue -Use Permit - 24 Hour Operation -Burger King
Page 3
9. The establishment of a fast food restaurant on a 24-hour basis will not significantly
increase the demand on City services, with the adoption of the recommended
Conditions of Approval.
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 (PLN2009-04) to allow 24-hour operation at an existing Burger King fast food
restaurant with an existing drive through component on property owned by Mr. Albert Tung
located at 49 W. Hamilton Avenue 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
Declaration of Acceptance of All Conditions: Within thirty (30) days of Planning
Commission approval, the applicant and property owner shall sign one (1) copy of the
subject Planning Commission Resolution, incorporating the final approved set of
Conditions of Approval. Until said Resolution is signed, the approved Modification to a
previously approved Conditional Use Permit shall not be valid for any permits sought
from the City.
Acknowledged 8~ Accepted:
Myrna Schultz Date
Albert Tung Date
Planning Commission Reso. _~on No. 3947
PLN2009-04 - 49 W. Hamilton Avenue -Use Permit - 24 Hour Operation -Burger King
Page 4
2. Approved Project: Approval is granted for a Conditional Use Permit (PLN2009-4) to
allow an existing fast food restaurant use (Burger King) with a drive through component
to be operated on a 24 hr. basis located at 49 W. Hamilton Avenue. The project shall
substantially conform to the plans received by the Planning Division on April 23, 2009,
and project description received on December 22, 2008, except as may be modified by
the conditions of approval contained herein.
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.
In the event complaints are received by the City regarding noise and regarding the
operation of the drive-through speaker system in violation of the approved Conditions of
Approval, the Community Development Director may immediately modify the hours of
operation and/or prohibit business operations between the hours of 11:00 p.m. and 6:00
a.m., subject to the project being brought back to the Planning Commission for review.
5. Previous Conditions: All conditions of approval of the previously approved Conditional
Use Permits (UP76-13 and M93-06) as approved by Planning Commission shall remain
in effect except as modified herein.
6. Business Operational Hours: The hours of operation shall be allowed on a 24 hour
basis. Outdoor activities (e.g. parking lot cleaning, staff use of dumpsters, trash pick-up
or sweeping and deliveries) shall be limited to 6:00 a.m. to 10:00 p.m. unless otherwise
restricted by City Municipal Code (e.g. power equipment).
7. 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.
8. Si na e: 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.
9. Location of Mechanical Equipment: No roof-mounted mechanical equipment (i.e. air
conditioning units, ventilation ducts or vents), shall be added to the existing building
without providing screening of the mechanical equipment from public view and
surrounding properties. The screening material and method shall be architecturally
compatible with the building and requires review and approval by the Community
Development Director and Building Division prior to installation of such screening.
Planning Commission Reso,_.~on No. 3947
PLN2009-04 - 49 W. Hamilton Avenue -Use Permit - 24 Hour Operation -Burger King
Page 5
10. Loiterin There shall be no loitering allowed outside the business in the rear parking
lot or the side parking lot areas.
ll. Outdoor Storage: No outdoor storage is permitted on the subject property. No
equipment or materials shall be stored outside the building or within the parking lot.
12. 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 credible 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.
c. Operation of Mechanical Equipment: Pursuant to the Campbell Municipal Code,
operation of power equipment (i.e. "power-washer"), shall be limited to the hours of
8:00 AM and 7:00 PM Monday through Friday, and between the hours of 9:00 AM
and 6:00 PM Saturday, Sunday and nationally recognized holidays.
d. Back Door: The back door to the business leading to the rear parking area shall be
closed at all times during business hours.
13. Trash & Clean Up: All trash pick up, normal clean up, site cleaning, etc. shall not be
done in the late evening or early morning hours. All trash removal shall be done
between 6:00 AM and 10:00 PM daily. In the event credible complaints are received by
the City regarding activity in violation of these hours, 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.
14. Trash Enclosure: The applicant shall relocate the trash enclosure away from the
adjacent residential use in compliance with city code and subject to the review and
approval of the Community Development Director.
15. 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. Applicant shall prohibit parking to the west of the restaurant and
prohibit parking in the eight closest parking spaces to the right of the existing
trash enclosure by cordoning of the spaces and providing signage between the
hours of 10 p.m. to 6 a.m.
16. Fences/Walls: The existing perimeter fencing shared between the project site and the
adjacent residential property shall be replaced with a six foot tall concrete/masonry wall,
to the satisfaction of the Community Development Director. The perimeter fencing shall
Planning Commission Reso,_..~on No. 3947
PLN2009-04 - 49 W. Hamilton Avenue -Use Permit - 24 Hour Operation -Burger King
Page 6
comply with Section 21.18.120 of the Campbell Municipal Code requiring fences or
walls between differing Zoning Districts. The expanded hours will not become effective
until construction of this wall is complete. Prior to the construction of the wall, an
arborist's report will be secured that establishes the measures necessary to protect the
existing landscaping during construction.
17. Drive Through: The drive through shall not be operational from midnight to 7 a.m. In
the event that credible complaints are received by the City regarding activity in violation
of these hours, 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.
18. On-Site Lighting: All existing and new lighting shall conform to the City of Campbell
Lighting Design Standards (CMC § 21.18.090). The design and type of new lighting
fixtures shall be reviewed and approved by the Community Development Director, prior
to installation.
PASSED AND ADOPTED this 26th day of May, 2009, by the following roll call vote:
AYES: Commissioners: Gairaud, Gibbons, Rocha and Roseberry
NOES: Commissioners: Alster
ABSENT: Commissioners: Alderete and Ebner
ABSTAIN: Commissioners: None
APPROVED:
Elizabeth Gibbons, Vice Chair
ATTEST:
Ciddy Wordell, Acting Secretary