PC Res 3570
RESOLUTION NO. 3570
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CAMPBELL APPROVING 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. APPLICATION OF MR. AMRIT
BENEPAL, ON BEHALF OF DENNY'S #7416. FILE NO.: PLN2004-42.
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 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 Avenue 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 ills. daily.
8. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 (Existing
Facilities) ofthe 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 ofthe City.
3. The proposed use is compatible with the uses in the area.
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 ofthe 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 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
Planninl! Division:
1. Approved Project: 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.
Planning Commission Resolution No. 3570
PLN2004-42 - 2060 S. Bascom Avenue -Conditional Use Permit - Denny's #7416
Page 3
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),
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
NOES: Commissioners: None
ABSENT: Commissioners: Alderete
ABSTAIN: Commissioners: None
ATTEST:
APPROVED:
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Sharon Fierro, Secretary