CC Resolution 12559RESOLUTION NO. 12559
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL GRANTING APPEALS AND DENYING WITH
PREJUDICE A CONDITIONAL USE PERMIT WITH SITE AND
ARCHITECTURAL REVIEW FOR CONSTRUCTION OF A 4,554
SQUARE FOOT FAST-FOOD RESTAURANT WITH A 84-SEAT
INTERIOR DINING AREA, A 16-SEAT OUTDOOR DINING AREA,
A 19-VEHICLE DRIVE -THROUGH LANE WITH OUTDOOR
ACTIVITIES (DRIVE -UP WINDOW), AND ASSOCIATED SITE,
LIGHTING, PARKING, REFUSE COLLECTION, AND
LANDSCAPING IMPROVEMENTS (PLN2018-206) ON
PROPERTY LOCATED AT 2060 S. BASCOM AVENUE.
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 PLN2018-206:
Environmental Finding
An Initial Study has been prepared for the proposed project in accordance with the
California Environmental Quality Act (CEQA). However, absent an affirmative
decision on the proposed project, the prepared Mitigated Negative Declaration need
not be adopted since the City's Council's action to deny is Statutorily Exempt
pursuant to California Public Resources Code Section 21080(b)(5).
Evidentiary Findings
1. The Project site consists of a 46,540 square foot parcel located at 2060 S. Bascom
Avenue, at the southeast corner of South Bascom Avenue and Arroyo Seco Drive.
2. The Project Site is designated General Commercial as shown on the General Plan
Land Use Diagram.
3. The Project Site is within the C-2 (General Commercial) Zoning District as shown on
the City of Campbell Zoning Map.
4. The Proposed Project is an application for a Conditional Use Permit with Site and
Architectural Review and a Tree Removal Permit to allow construction of a 4,554
square foot fast-food restaurant with a 84-seat interior dining area, a 16-seat outdoor
dining area, a 19-vehicle drive -through lane with outdoor activities (drive -up
window), and associated site, lighting, parking, refuse collection, and landscaping
improvements (PLN2018-206); a Tree Removal Permit to allow removal of protected
on -site trees (PLN2018-207); and adoption of a Mitigated Negative Declaration
(PLN2018-206), on property located at 2060 S. Bascom Avenue.
City Council Resolution 12559 Page 2 of 5
2060 S. Bascom Avenue — Chick-fil-A
Denial of Conditional Use Permit with Site and Architectural Review (PLN2018-206)
5. The Project's proposed "fast-food restaurant" with "outdoor active activities" (i.e.,
drive -through window) and "outdoor seating [with] more than 12 total seats" are all
land uses that require a Conditional Use Permit in the C-2 (General Commercial)
Zoning District.
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 greater 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 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).
City Council Resolution 12559 Page 3 of 5
2060 S. Bascom Avenue — Chick-fil-A
Denial of Conditional Use Permit with Site and Architectural Review (PLN2018-206)
10. As noted in the General Plan on page LUT-30, "[I]and uses typically incompatible
with residential uses include ... fast food establishments ....
11.The proposed Chick-fil-A has residential uses on three sides of the subject property.
12. The proposed Chick-fil-A would generate an increase of 2,289 vehicle trips per
weekday over the existing 5,399 square foot Denny's restaurant, and would add 150
trips during the PM peak hour.
13. The additional trips generated by the proposed Chick-fil-A would impact the queuing
in southbound center median left -turn lane on South Bascom Avenue in the vicinity
of the project site.
14. Most Chick-fil-A restaurants are located in larger shopping centers that can handle
long queuing lanes typically associated with such uses and the smaller ones located
outside of a large shopping center have been observed to have traffic and circulation
problems, including Chick-fil-A operations in Santa, Barbara, Santa Clara and
Sunnyvale.
15. The Chick-fil-A in Sunnyvale on the El Camino Real has been observed to create
queuing backups with cars exiting the site, as well as entering through the one
driveway.
16. The proposed Chick-fil-A utilizes the same driveway off of Bascom Avenue for the
entrance and exit for both the drive -through and the parking lot; and vehicles must
pass through the parking lot to access the drive -through queuing lane.
17. The primary pedestrian access from Bascom Avenue crosses the vehicle drive -
through lane as vehicles are exiting the drive -through.
18.Intensity of the use is more than the site can handle and on -site circulation and
parking will create impacts that cannot be mitigated.
19.As a result of on -site circulation issues, customers will inevitably park in the adjacent
residential neighborhoods which will create additional impacts.
20. Customers walking onto the site will be exposed to the on -site circulation
deficiencies which will create safety issues to which the applicant was unable to
demonstrate proper responsive mitigation.
21.The site's internal circulation issues is inconsistent with the City's General Plan,
Strategy LUT-12c Parking Lot Design, where the design of parking lots need to
minimize impacts on the street system by providing adequately sized driveways,
sufficient queuing and efficient circulation.
City Council Resolution 12559 Page 4 of 5
2060 S. Bascom Avenue — Chick-fil-A
Denial of Conditional Use Permit with Site and Architectural Review (PLN2018-206)
22.Other surrounding properties could be impacted by the subject property's inability to
contain the use by blocking driveways of cars attempting to access the property.
23. Configuration of the site in relation to its adjacent properties doesn't make the site a
good fit for the proposed use, resulting in a conflict with the City's General Plan
where Policy LUT-5.1 Neighborhood Integrity, recognizes that the City is composed
of residential, industrial and commercial neighborhoods, each with its own individual
character; and allowing change consistent with reinforcing positive neighborhood
values, while protecting the integrity of the City's neighborhoods.
24. Bascom Avenue's complete streets improvements were not considered in the traffic
study which has the potential to create conflicts with contemplated public
infrastructure improvements.
25. The current restaurant building may be reoccupied by a standard restaurant tenant
who may exercise the existing Conditional Use Permit that would allow a 24-hour
restaurant operation.
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 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;
4. 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 Finding (CMC Sec. 21.42 060 B):
5. The project will not be consistent with the general plan;
City Council Resolution 12559 Page 5 of 5
2060 S. Bascom Avenue — Chick-fil-A
Denial of Conditional Use Permit with Site and Architectural Review (PLN2018-206)
6. The project will not aid in the harmonious development of the immediate area;
THEREFORE, BE IT RESOLVED that the City Council grants the appeals and denies a
Conditional Use Permit with Site and Architectural Review to allow construction of a
4,554 square foot fast-food restaurant with a 84-seat interior dining area,'a 16-seat
outdoor dining area, a 19-vehicle drive -through lane with outdoor activities (drive -up
window), and associated site, lighting, parking, refuse collection, and landscaping
improvements (PLN2018-206) on property located at 2060 S. Bascom 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.
PASSED AND ADOPTED this 18th day of February, 2020, by the following roll call vote:
AYES: COUNCILMEMBERS: Waterman, Bybee, Resnikoff, Gibbons, Landry
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
APPROVED
Susan M. Landry, hYayor
ATTEST:
Wendy W od, City Clerk