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CC Resolution 12516RESOLUTION NO. 12516 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL DENYING WITH PREJUDICE A CONDITIONAL USE PERMIT WITH SITE AND ARCHITECTURAL REVIEW (PLN2017- 117) TO ALLOW CONSTRUCTION OF A 3,812 SQUARE -FOOT 97- SEAT FAST-FOOD RESTAURANT WITH A 28-VEHICLE DOUBLE DRIVE -THROUGH LANE WITH OUTDOOR ACTIVE ACTIVITIES (DRIVE -UP WINDOW), A 48-SEAT OUTDOOR SEATING AREA, LATE -NIGHT ACTIVITIES, AND ASSOCIATED SITE, LIGHTING, PARKING, REFUSE COLLECTION, AND LANDSCAPING IMPROVEMENTS, INCLUDING A MINOR ALTERATION TO THE HAMILTON AVENUE STREETSCAPE STANDARDS AND AN ADJUSTMENT TO THE LANDSCAPE REQUIREMENTS, AND AN INCREASE TO THE ALLOWABLE FENCE HEIGHT, FOR PROPERTY LOCATED AT 499 E. HAMILTON AVENUE. FILE NO.: PLN2017-117 After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. The City Council finds as follows with regard to File Number PLN2017-117: Environmental Findi An Environmental Impact Report (EIR) was prepared for the Proposed Project in accordance with the California Environmental Quality (CEQA) and considered by the Planning Commission and City Council. However, absent an affirmative decision on the Proposed Project, the EIR need not be certified since the City Council's action to deny is Statutorily Exempt pursuant to California Public Resource Code Section 21080(b)(5). Evidentiary Findings 1. The Project Site is a 1 '/4 acre parcel located at the northwest corner of East Hamilton Avenue and Almarida Drive, approximately 350 feet west of the Southbound California State Highway 17 off -ramp and Y3 mile from the Valley Transportation Authority (VTA) Hamilton Light Rail Station. 2. The Project Site abuts the Franciscan apartment community to the north and a retail building to the west and is across the street from Bed, Bath, and Beyond to the east across Almarida Drive and the Home Depot to the south across Hamilton Avenue. 3. The Project Site is currently entitled with a Conditional Use Permit (UP 95-14 / M 97-14), approved, by Planning Commission Resolutions No. 2996 and 3120, allowing operation of a standard restaurant with general alcohol sales and late -night activities (12:00 AM public closing). 4. The Project Site is within the C-2 (General Commercial) Zoning District, where restaurants with late -night activities, fast-food, and outdoor active activities (drive -up window) require issuance of a Conditional Use Permit. City Council Resolution 12516 Page 2 of 7 499 E. Hamilton Avenue — In-N-Out Burger Denial of a Conditional Use Permit w/ S&A Review (PLN2017-117) 5. The Proposed Project is an application for a Conditional Use Permit with Site and Architectural Review (PLN2017-117) to allow construction of a 3,812 square -foot 97-seat fast-food restaurant with a 28-vehicle double drive -through lane (i.e., drive-in service) with outdoor active activities (drive -up window and service), a 48-seat outdoor dining area, late -night hours, and associated site, lighting, parking, refuse collection, and landscaping improvements, including a Minor Alteration to the Hamilton Avenue Streetscape Standards and an adjustment to the landscape requirements, and an increase to the allowable fence height; a Tree Removal Permit (PLN2017-118) to allow removal of protected on -site trees; a Sign Permit (PLN2017-119) to allow a greater number of signs and an increased sign area to permit installation of new directional, informational/menu, "running neon," and building wall signs; and certification of a Final Environmental Impact Report (FEIR) (PLN2017-120). 6. Chapter 21.46 of the Campbell Municipal Code (CIVIC) requires application for a Conditional Use Permit for certain prescribed land use activities so that the City may evaluate requests on case -by -case basis relative to site specific considerations for the following reasons: • Conditional uses are those that have a special impact or uniqueness so that their effect on the surrounding environment cannot be determined in advance of the use being proposed for a particular location. • The process for reviewing Conditional Use Permit applications is intended to protect the integrity and character of the residential, commercial, industrial, and mixed use areas of the city, consistent with the objectives, policies, general land uses, and implementation programs of the General Plan. • The Conditional Use Permit process also provides for adequate review and input for development projects that potentially impact the community, and adequate review to ensure that development in each zoning district protects the integrity of that district. • A project requiring Conditional Use Permit approval is reviewed as to its location, design configuration, and potential impacts by comparing the project to established standards as to determine whether the permit should be approved by weighing the public need for, and the benefit to be derived from, the project, against any impacts it may cause. 7. The City's exercise of the Conditional Use Permit process furthers the intent of the Zoning Code as specified by CIVIC Section 21:01.30 (Purpose), including but not limited to the implementation of the goals, objectives, policies, and programs of the General Plan, to maintain community character and to avoid congestion. 8. In review of the Proposed Project, the City Council considered the compliance of all applicable development standards provided by the Zoning Code, consistency with the goals, policies, and strategies of the General Plan, and the entirety of the administrative City Council Resolution 12516 Page 3 of 7 499 E. Hamilton Avenue — In-N-Out Burger Denial of a Conditional Use Permit w/ S&A Review (PLN2017-117) record including staff reports, Planning Commission comment, public testimony (verbal and written), and technical analyses. 9. The General Plan prescribes that "in making land use decisions, the City's decision makers must consider which land uses will best serve the public interest, while allowing property owners reasonable property use." (Page LUT-3). 10. The proposed project would generate 318 vehicle trips in the weekday evening peak hour and 395 weekend vehicle trips in the weekend peak hour. In comparison, the Elephant Bar restaurant that previously occupied the existing building on the site is estimated to have generated 81 trips during the weekday peak hour and 116 trips during the weekend peak hour. 11.A fast-food restaurant at this location will serve a significant number of motorists who will exit off the highway to quickly purchase food, thereby adding to the existing traffic issues, and provide relatively minimal service to the residents of Campbell whose neighborhoods would be impacted. 12. The Project Site's prominent location with proximity to Highway 17 and the Hamilton Light Rail Station supports a higher and better use of land than the Proposed Project which does not maximize the development capacity of the subject property as evidenced by the .07 Floor Area Ratio (FAR) and single -story design where a 0.40 FAR and a 75- foot height limit are specified by the C-2 (General Commercial) Zoning District. 13.A higher and better use of land, such as a large format retail center, would better capitalize on the proximity to the aforementioned transportation infrastructure in a manner that would better serve the residents of Campbell's interests in furtherance of General Plan Strategy LUT-13.2d which encourages large retailers on Hamilton Avenue: Strategy LUT-13.2d: Large Retailers on Hamilton Avenue: Encourage large retailers to locate along Hamilton Avenue and Bascom Avenue by maintaining large parcels, encouraging lot consolidation, and discouraging parcel adjustments that reduce lot sizes. 14.The fiscal effect of a higher and better use of the Project Site has also been considered. Based on the City's sales -tax analysis, the Proposed Project would not result in a greater generation of sales tax revenue than reestablishment of the former restaurant. Moreover, a more intensive and productive use, in particular, a hotel that generates transit occupancy tax would be more fiscally advantageous to the City consistent with General Plan Strategies LUT-13.2c and LUT-13.1d: Strategy LUT-13.1c: Fiscal Effects of Land Use: Evaluate the fiscal effects of different land uses on City revenues and services. Strategy LUT-13.1a: Hotels: Attract major hotels to Campbell as a convenience for local residents and businesses, as well as a tax generator for the community. 15.A higher and better use will likely generate a greater number and variety of jobs than the proposed fast-food restaurant consistent with General Plan Policy LUT-2.4: City Council Resolution 12516 Page 4 of 7 499 E. Hamilton Avenue — In-N-Out Burger Denial of a Conditional Use Permit w/ S&A Review (PLN2017-117) Policy LUT-2.4: Jobs and Housing Balance: Maintain Campbell's balance of jobs and housing units to encourage residents to work in Campbell, and to limit the impact on the regional transportation system 16.The Proposed Project's site circulation would create unforeseen vehicular conflicts on Almarida Drive as motorist attempt to enter and exit the project site that cannot be adequately improved through "Keep Clear" markings, disrupting the ability of residents from being able to reasonably access the neighborhood, inconsistent with General Plan Policy LUT-5.3h: Strategy LUT-5.3h: Parking and Circulation: Provide adequate parking and encourage circulation patterns to serve commercial districts so as to discourage commercial traffic into adjacent residential zones. 17.The Proposed Project's internal configuration would impede the ability of motorist entering from Almarida Drive to access the drive -through lane without having to circle the interior of the parking lot or to make a multi -point turn in the drive -aisle, inconsistent with General Plan Strategy LUT 12.1 c. Further, the internal configuration has the potential to create garbage dumpster access obstructions and to impede on accessible parking stalls given the location of the drive -through lane. Strategy LUT-12.1c: Parking Lot Design: Design parking lots to minimize impacts on the street system by providing adequate sized driveways, sufficient queuing and efficient circulation. 18.The Proposed Project includes "late night activities" including public business hours of 10:00 AM to 1:00 AM, Sunday to Thursday and 10:00 AM to 1:30 AM, Friday and Saturday, and general operational (staffed) hours of 24 hours/day, daily. General Plan Strategy 9.1d recognizes that late night activities can present potential issues, particularly noise impacts to neighboring residents stemming from vehicles (engines, radios, etc.), patrons (talking and loitering in the parking lot), and staff (disposing of trash and bottles), as well as potential criminal activity, such that additional scrutiny is warranted in review of such request. Policy LUT-9.1d: Land Use Limits and Controls: Amend the Zoning Ordinance to establish limits and controls regarding operating hours for uses that are incompatible with adjoining residential dues to noise, traffic or other disturbances. 19. Late -night operation of the proposed fast-food restaurant in proximity to a residential community increases the likelihood of neighborhood disturbance. Specifically, in the professional judgment of the Campbell Police Department, a closing time of 1:30 AM would result in the attraction of Santana Row bar customers to the proposed fast-food restaurant after midnight (the closing time of Santana Row bars and . restaurants) resulting in an increased likelihood of criminal activity and/or disruptive behavior, such as fights in the parking lot. The Proposed Project would, therefore, result in activity of a type and degree that would result in unacceptable land use conflicts discouraged by General Plan guidance on land use compatibility (Page LUT-30): City Council Resolution 12516 Page 5 of 7 499 E. Hamilton Avenue — In-N-Out Burger Denial of a Conditional Use Permit w/ S&A Review (PLN2017-117) Land Use Compatibility The regulation of land use is intended .to promote land use compatibility. Land use incompatibility will result if development standards do not adequately address conflicts between different land use types. Incompatibility can occur when noise, traffic, parking, fumes or mechanical vibration disturbs adjacent uses. Incompatible land uses may occur where residential homes are adjacent to non-residential uses (such as commercial or industrial) or significantly higher density residential uses. Land uses typically incompatible with residential uses include, automobile and truck repair shops, late night and early morning uses, fast food establishments, and entertainment establishments such as nightclubs, bars, dance clubs, video arcade and liquor establishments. Limiting their number, controlling their locations and hours or methods of operation, or otherwise restricting their development or expansion can mitigate the negative effects of incompatible uses. 20. The land use incompatibilities that would result from introduction of a drive -through fast- food -restaurant with a 1:30 AM public closing time would also conflict with General Plan Policy LUT-5.1 which requires the City to protect the integrity of the City's neighborhoods: Policy LUT-5.1: Neighborhood Integrity: Recognize that the City is composed of residential, industrial and commercial neighborhoods, each with its own individual character; and allow change consistent with reinforcing positive neighborhood values, while protecting the integrity of the city's neighborhoods. 21. In order to accommodate increased vehicle queues on the eastbound Hamilton Avenue left -turn lane onto Almarida Drive that would result from the Proposed Project, the EIR incorporated a Mitigation Measure (TRANS-4a) that required the applicant to lengthen the existing turn -lane by additional 50 linear feet plus a standard 90-foot taper transition. Although feasible, this mitigation measure would require the elimination of existing median landscaping, including City street trees, inconsistent with General Plan Strategy LUT- 10.2d and Policies OSP-4.1 and OSP-4.2: Strategy LUT-10.2d: Landscaping as a Theme: Use similar types of trees and landscaping to create a theme within districts or neighborhoods. Medians should also be used to create a theme to distinguish major thoroughfares and prominent streets. Policy OSP-4.1: Street Trees: Encourage planting and retention of street trees in landscaped street medians and along City streets. Policy OSP-4.2: Median Landscaping: Consider construction of landscaped medians on major City streets, where feasible. 22. With the addition of project generated trips to the cumulative volumes at the Hamilton Avenue/Salmar Avenue -SR 17 southbound off -ramp intersection, the intersection is expected to operate at Level of Service `F' under the Santa Clara VTA level of service criteria. The addition of the project related trips to the cumulative volume would increase the volume to capacity ratios by more than 0.01 and increase the average control delay for critical movements by more than four seconds absent the widening of the southbound approach at the intersection of the Hamilton Avenue/ Salmar-SR 17 southbound off -ramp to include three left turn lanes, one through lane and one right turn lane. City Council Resolution 12516 Page 6 of 7 499 E. Hamilton Avenue — In-N-Out Burger Denial of a Conditional Use Permit w/ S&A Review (PLN2017-117) 23.The anticipated improvements to the Highway 17 off -ramp have not been completely vetted with the potential of underestimating the project cost and creating uncertainty as to when or if the improvements will be constructed. 24. Rejection of the Proposed Project does not deny the property owner reasonable use of the property as the current restaurant building may be reoccupied by a standard restaurant tenant who may exercise the existing Conditional Use Permit (UP 95-14 / M 97-14) to allow operation of the restaurant with general alcohol sales and late -night activities (12:00 AM public closing). Based upon the foregoing findings of fact pursuant to CMC Section 21.46.040 and Section 21.46.050 and in consideration of the entire administrative record, and in weighing the public need for, and the benefit to be derived from, the project, against any impacts it may cause, the City Council further finds and concludes that: Conditional Use Permit Findings (CMC Sec. 21.46.040): 1. The proposed use is not consistent with the General Plan, 2. The proposed site is not 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; 3. The proposed site is not adequately served by streets of sufficient capacity to carry the kind and quantity of traffic the use would be expected to generate; 4. The design, location, size, and operating characteristics of the proposed use are not compatible with the existing and future land uses on -site and in the vicinity of the subject property; 5. The establishment, maintenance, or operation of the proposed use at the location proposed will 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; Site and Architectural Review Permit Findinq (CMC Sec. 21.42.060.B): 6. The project will not be consistent with the general plan; and 7. The project will not aid in the harmonious development of the immediate area; THEREFORE, BE IT RESOLVED that the City Council denying with prejudice a Conditional Use Permit with Site and Architectural Review (PLN2017-117) to allow construction of a 3,812 square -foot 97-seat fast-food restaurant with a 28-vehicle double drive -through lane with outdoor active activities (drive -up window), a 48-seat outdoor seating area, late -night activities, and associated site, lighting, parking, refuse collection, and landscaping improvements, including a Minor Alteration to the Hamilton Avenue Streetscape Standards City Council Resolution 12516 Page 7 of 7 499 E. Hamilton Avenue — In-N-Out Burger Denial of a Conditional Use Permit w/ S&A Review (PLN2017-117) and an adjustment to the landscape requirements, and an increase to the allowable fence height, for property located at 499 E. Hamilton Avenue, subject to the prohibition of the same or substantially similar development proposal being submitted within twelve months pursuant to Campbell Municipal Code Section 21.56.080, which shall specifically include a fast-food restaurant with or without a drive -through. PASSED AND ADOPTED this 5th day of November, 2019, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN COUNCILMEMBERS:, Bybee, Gibbons, Landry COUNCILMEMBERS: Resnikoff, Waterman COUNCILMEMBERS: None COUNCILMEMBERS: None 11bJjL�_ ( Ric and M. Waterman, Mayor APPROVED ATTEST: Jl� J2J Wendy W06d, City Clerk