PC Res 4678RESOLUTION NO. 4678
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL GRANTING APPROVAL OF A CONDITIONAL
USE PERMIT WITH SITE AND ARCHITECTURAL REVIEW (PLN-2022-
140) TO ALLOW LATE NIGHT ACTIVITIES (OPEN 24-HOURS, DAILY)
IN CONJUNCTION WITH AN EXISTING RESTAURANT USE,
INCLUDING ASSOCIATEDSITE IMPROVEMENTS AND AN EXTERIOR
REMODEL OF THE BUILDING’S FAÇADE FOR PROPERTY LOCATED
AT 2201 SOUTH BASCOM AVENUE IN THE C-2 (GENERAL
COMMERCIAL) ZONING DISTRICT.
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 Planning Commission did find as follows with regard to application PLN-2022-140:
1. The Project Site is zoned C-2 (General Commercial) and designated General
Commercial by the General Plan.
2. The Project Site is a 17,548 square-foot parcel located on the southwest corner of Apricot
Avenue and South Bascom Avenue.
3. The Project Site is currently developed with a single-story restaurant constructed in 1972
under a 'S' Site Approval (S-67-65). The building has operated as a restaurant, most
recently by Goodies Diner, since its construction until 2019 when a fire occurred. Since
that time, the building has been vacant.
4. Project Site is generally surrounded by commercial uses on the adjacent properties to
the north, south, and east, and abuts a multi-family residential property to the west.
5. The applicant is requesting approval of a Conditional Use Permit with Site and
Architectural Review to allow the establishment of late night activities (open 24-hours,
daily) in conjunction with an existing restaurant use, as well as site improvements and
an exterior remodel of the building’s façade.
6. The principal use of the Project Site as a restaurant is allowed within the C-2 Zoning
District as a permitted use. The project proposes to operate existing the restaurant 24-
hours, daily, which constitutes "late night activities" per the Campbell Municipal Code.
"Late night activities" means land use activities operating between the hours of 11:00 p.m. and 6:00
a.m., including, but not limited to, the provision of goods and services to the public and all ancillary
activities such as property maintenance, janitorial services, street and parking lot sweeping, deliveries,
and similar activities. "Late night activities" do not include the lawful, reasonable and customary use
of residential uses or professional offices in a manner that does not interfere with the reasonable use
and enjoyment of other properties.
7. On April 3, 2001, the City Council adopted Ordinance No. 2002, which requires all
businesses within the City’s commercial zoning districts to obtain a Conditional Use
Permit to operate between 11:00 P.M. and 6:00 A.M. The applicant’s proposal to
establish late night activities (open 24-hours, daily) with associated site improvements
and an exterior façade remodel is permitted within the C-2 Zoning District through the
Planning Commission Resolution No. 4678 Page 2 of 6
2201 S. Bascom Avenue
Conditional Use Permit with Site and Architectural Review (PLN-2022-140) – Denny’s
approval of a Conditional Use Permit with Site and Architectural Review as prescribed
within the City’s Municipal Code Section 21.10.050 and Chapter 21.46.
8. Allowing late night activities in conjunction with a restaurant will satisfy the purpose/intent
of the General Commercial General Plan land use designation which, as noted, is
intended support a variety of uses, and retain businesses within Campbell. The
applicant’s proposal may also be found to further the following General Plan policies and
strategies:
Policy LUT-13.1: Variety of Uses: Attract and maintain a variety of uses that create an economic
balance within the City while maintaining a balance with other community land use
needs, such as housing and open space, and while providing high quality services
to the community.
Strategy LUT-13.1: Business Retention and Attraction: Develop programs to retain and attract
businesses that meet the shopping and service needs of Campbell residents.
Policy LUT-11.2: Services Within Walking Distance: Encourage neighborhood services within
walking distance of residential uses.
9. Although the City does not have standard operational requirements for late night
activities, there are “approval criteria for late night activities” for properties within the
Planned Development Zoning District found in CMC Section 21.12.030 H 7. While this
project does not require conformance with the following criteria to reach approval, the
Planning Commission considered these criteria and found the project to be in compliance
with the following:
a. Not Create a Nuisance. The establishment will not create a nuisance due to litter,
noise, traffic, vandalism or other factors;
b. Not Disturb the Neighborhood. The establishment will not significantly disturb the
peace and enjoyment of the nearby residential neighborhood; and
c. Proposed conditions of approval (if any), are sufficient to mitigate any detrimental
impacts specified that may be caused by the late-night establishment.
10. While the proposed late night activities use will allow for restaurant operation outside
typical business hours, the application does not propose live entertainment, alcohol
sales, or outdoor seating, which provides mitigation for potential nuisances.
11. As the Project is located along a Class I Arterial street (Bascom Avenue) surrounded by
a mix of general commercial uses including other restaurants, personal services, and
professional offices, the proposal is not anticipated to create a nuisance relative to noise
and traffic.
12. The subject tenant space is located approximately 180 feet away from an existing
apartment building separated by an existing 10-foot masonry wall. As conditioned, the
restaurant will be required to keep the doors closed at all times and limit interior noise to
a level that is not audible to residential properties, providing mitigation for potential noise
issues that could affect the adjacent medium-density residential property.
13. The Proposed Project includes an exterior façade remodel of the existing buildings.
Under the current proposal, the existing structure would maintain its building form,
Planning Commission Resolution No. 4678 Page 3 of 6
2201 S. Bascom Avenue
Conditional Use Permit with Site and Architectural Review (PLN-2022-140) – Denny’s
including the existing roof shape, window projections, and windowed storefront. Rather
than modifying the structure of the building by removing and replacing features, the
applicant proposes to clad existing features with a mix of new materials. These exterior
alterations would include the application of a new standing seam metal roof finish, a
stacked stone veneer wainscotting, and fiber cement panels to resemble wood planks.
14. While the City does not have adopted commercial design guidelines, the General Plan
has policies and strategies requiring high quality and attractive building design that are
applicable to this application:
Policy LUT-9.3: Design and Planning Compatibility: Promote high quality, creative design and site
planning that is compatible with surrounding development, public spaces and
natural resources.
Strategy LUT-9.3d: Building Design: Design buildings to revitalize streets and public spaces by orienting
the building to the street, including human scale details and massing that engages
the pedestrian.
Strategy LUT-9.3e: Building Materials: Encourage the use of long-lasting, high quality building materials
on all buildings to ensure the long-term quality of the built environment.
Strategy LUT-9.3k: Screening Guidelines: Create guidelines for ensuring that visual and noise impacts
of storage, loading areas and mechanical equipment are minimized, which may
include provisions for larger setbacks, screening, walls, substantial landscaping,
acoustic materials, equipment usage and building modifications.
15. The Project Site is also governed by the Streetscape Standards, which provides
additional guidance for streetscape design for properties along Hamilton Avenue,
Bascom Avenue, Winchester Boulevard, and West Campbell Avenue. The Streetscape
Standards were developed in 1993 to ensure consistency in the streetscape treatment
on these major streets. The Standards establish the required design and materials for
sidewalks, trees and landscaping, and are implemented when certain development
thresholds are met. While a project proposing a “façade alteration” (as defined below)
along Bascom Avenue would traditionally require onsite improvements to implement
these standards in the form of a “Full Streetscape Treatment,” the Community
Development Director determined that this project’s proposed façade treatment did not
constitute a façade alteration, because the proposal seeks to maintain the existing
structural elements.
16. The Proposed Project is not subject to a Parking Modification Permit requirement for
removal of a parking stall as otherwise required by CMC Sec. 21.10.060.H.1 pursuant to
the AB-2097, codified in Government Code § 65863.2, which precludes the City from
imposing or enforcing a parking requirement for a development project located within
one-half mile of public transit of a major transit stop. The project location is situated within
one-half mile of the “Bascom and Apricot” transit stop.
17. Approval of a Conditional Use Permit with Site and Architectural Review shall
supersede all prior land use entitlements related to the subject property.
18. The Proposed Project is required by a Condition of Approval to construct a new trash
enclosure that is compliant with City requirements per Director’s Interpretation No. 6 as
required by the proposed exterior alterations.
Planning Commission Resolution No. 4678 Page 4 of 6
2201 S. Bascom Avenue
Conditional Use Permit with Site and Architectural Review (PLN-2022-140) – Denny’s
19. The scope of this project triggers the requirement for Frontage Improvements as
required by Campbell Municipal Code 11.24.040. The applicant will need to upgrade the
two (2) existing driveways along the Apricot Avenue frontage, shown on sheet A-1.0 as
being part of the applicant’s accessible path of travel to the accessible parking stalls, to
be accessible (ADA) compliant. The driveway shall be reconstructed using City Standard
Detail C-19.
20. In review of the Proposed Project, the Planning Commission considered traffic safety,
traffic congestion, site circulation, adequacy of landscaping, and the appropriateness of
proposed structures and site layout, pursuant to Campbell Municipal Code Sec.
21.42.040 (Considerations in review of applications).
21. In review of the proposed project, the Planning Commission also weighed the public
need for, and the benefit to be derived from, the project, against any impacts it may
cause.
22. 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.
23. There is a reasonable relationship and a rough proportionality between the Conditions
of Approval and the impacts of the project.
24. In review the proposed project, the Planning Commission also weighed the public need
for, and the benefit to be derived from, the project, against any impacts it may cause.
25. 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.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
Site and Architectural Review Permit Finding (CMC Sec. 21.42.060.B):
1. The project will be consistent with the general plan;
2. The project will aid in the harmonious development of the immediate area;
3. The project is consistent with applicable adopted design guidelines, development
agreement, overlay district, area plan, neighborhood plan, and specific plan(s);
Conditional Use Permit Findings (CMC Sec. 21.46.040):
4. No substantial evidence has been presented from which a reasonable argument could
be made that shows that the project, as currently presented and subject to the required
conditions of approval, will have a significant adverse impact on the environment;
Planning Commission Resolution No. 4678 Page 5 of 6
2201 S. Bascom Avenue
Conditional Use Permit with Site and Architectural Review (PLN-2022-140) – Denny’s
5. 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 Campbell Municipal Code;
6. The proposed use is consistent with the General Plan;
7. 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;
8. 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;
9. 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;
10. 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;
Environmental Finding(s) (CMC Sec. 21.38.050):
11. The project is Categorically Exempt under Section 15301 (Class 1) of the California
Environmental Quality Act (CEQA), pertaining to the operation and leasing, and minor
alteration of an existing private structure.
12. 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.
THEREFORE, BE IT RESOLVED that the Planning Commission grants approval of a
Conditional Use Permit with Site and Architectural Review (PLN-2022-140) to allow the late
night activities (open 24-hours, daily) in conjunction with an existing restaurant use,
including associated site improvements and an exterior remodel of the building’s façade on
property located at 2201 S. Bascom Avenue, subject to the attached Conditions of Approval
(attached Exhibit A).
PASSED AND ADOPTED this 23rd day of May, 2023, by the following roll call vote:
AYES: Commissioners: Krey, Ching, Ostrowski, Kamkar
NOES: Commissioners:
ABSENT: Commissioners: Buchbinder, Zisser, Fields
Planning Commission Resolution No. 4678 Page 6 of 6
2201 S. Bascom Avenue
Conditional Use Permit with Site and Architectural Review (PLN-2022-140) – Denny’s
ABSTAIN: Commissioners:
APPROVED:
Matt Kamkar, Acting Chair
ATTEST:
Rob Eastwood, Secretary
Matt Kamkar (May 25, 2023 13:10 PDT)
EXHIBIT A
CONDITIONS OF APPROVAL
Conditional Use Permit with Site and Architectural Review
(PLN-2022-140)
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
1. Approved Project: Approval is granted for a Conditional Use Permit with Site and
Architectural Review (PLN-2022-140) to allow late night activities (open 24-hours, daily)
in conjunction with an existing restaurant use, including associated site improvements
and an exterior remodel of the building’s façade on property located at 2201 S. Bascom
Avenue. The project shall substantially conform to the Project Description and Project
Plans included as Attachments B, C, and E in the May 23, 2023 Planning Commission
Staff Report, except as may be modified by the Conditions of Approval contained herein.
2. Permit Approval Expiration: The Conditional Use Permit approved herein ("Approval")
shall be valid for one (1) year from the effective date of Planning Commission approval
(expiring May 23, 2024). Within this one-year period a Building Permit for the project
must be issued pursuant to CMC Sec. 21.56.030.B.1. Failure to meet this deadline or
expiration of an issued Building Permit shall result in the Approval being rendered void.
Once established, this Approval shall be valid in perpetuity on the Project Site, subject
to continued operation of the use. Discontinuation of the use for a continuous period of
twelve months shall void the Approval upon an affirmative determination by the
Planning Commission in a public hearing that the use has been discontinued.
3. Planning Final Required: Planning Division clearance is required prior to Building Permit
final. Construction not in substantial compliance with the approved project plans shall not
be approved without prior authorization of the necessary approving body.
4. Timely Completion: Once under construction it shall be the obligation of the property
owner and contractor to demonstrate continued progress on the project. In the event the
building permit expires, the City may impose fines or exercise administrative remedies
to compel timely completion of work.
5. Plan Revisions:
a. Trash Enclosure: The construction plans submitted for a building permit shall
incorporate appropriate notes and details to demonstrate compliance with the
relevant requirements of Condition of Approval No. 6 (Operational Standards)
Planning Commission Resolution No. 4678 Page 2 of 6
2201 S. Bascom Avenue
Conditional Use Permit with Site and Architectural Review (PLN-2022-140) – Denny’s
and shall include architectural details for the trash enclosure that are
consistent with the design of the restaurant building (with regard roofing and
wall cladding material, and colors). These Conditions of Approval shall also be
printed on a separate sheet behind the cover sheet.
b. Bicycle Parking: The construction plans submitted for a building permit shall
incorporate the addition of a bicycle rack to facilitate bicycle parking on site.
The size and location of the proposed bicycle rack shall be to the satisfaction
of the Community Development Director.
6. Operational Standards: Consistent with the submitted Project Description and City
standards, a restaurant use with late-night activities (24-hour operation, daily) pursuant
to this Approval shall conform to the following operational standards. Significant
deviations from these standards (as determined by the Community Development
Director) shall require approval of a Modification to the Conditional Use Permit.
a. Approved Use: The approved use is a "restaurant, standard" use with ancillary
"late-night activities" (24-hour operation, daily), as defined by the Campbell
Municipal Code and limited by the operational standards listed herein. At no time
shall the restaurant be operated as a "restaurants, fast food". This shall require the
restaurant to include wait staff, table service, individual menus, and non-disposable
plates, cutlery, and drink-ware.
b. Hours of Operation: The approved restaurant may operate 24-hours, daily, except
for the restriction of certain activities as specified herein.
c. Trash Disposal and Clean-Up: All trash disposal, normal clean-up, carpet cleaning,
window cleaning, sidewalk sweeping, etc. shall be limited to the hours of 6 AM to 10
PM. Refuse and recycling receptacles shall be kept within the enclosure except
during collection in compliance with Chapter 6.04 of the Campbell Municipal Code.
d. Business License: The business shall be required to obtain and maintain a City
business license at all times.
e. Smoking: "No Smoking" signs shall be posted on the premises in compliance with
CMC Section 6.11.060.
f. Loitering: There shall be no loitering allowed outside the business. The business
owner is responsible for monitoring the premises to prevent loitering, including
contacting the Police Department as necessary to enforce this requirement.
g. Restaurant Seating/Patron Occupancy: Total indoor patron occupancy shall be
limited to 108 seated patrons, excluding seats for those waiting for service, subject to
the maximum occupancy capacities of certain rooms as determined by the California
Building Code (CBC). It is the responsibility of the business owner to provide
adequate entrance controls to ensure that patron occupancy is not exceeded
h. Maximum Occupancy Sign: The business owner shall install a new maximum
occupancy sign of a size to be determined by the Community Development Director,
conspicuously posted within the premises, which shall include the maximum
Planning Commission Resolution No. 4678 Page 3 of 6
2201 S. Bascom Avenue
Conditional Use Permit with Site and Architectural Review (PLN-2022-140) – Denny’s
occupancy noted herein and include a visual depiction of the floor plan included in
the approved construction drawings submitted for a building permit.
i. Noise: Regardless of decibel level, no noise generated by the restaurant shall
obstruct the free use of neighboring properties so as to unreasonably interfere with
the comfortable enjoyment of the neighboring residents.In the event verified
complaints are received by the City regarding such noise, the Community
Development Director may immediately curtail the Hours of Operation and/or
commence revocation proceedings pursuant to Condition of Approval No. 13
(Revocation of Permit). The following restrictions shall also be adhered to limit
potential noise impacts:
a. Doors shall remain closed at all times and will not be propped open to
contain interior noise.
b. Deliveries shall be restricted to between the hours of 8:00 AM and 8:00 PM.
c. Speakers shall be directed away from doors and windows.
j. Live entertainment: Live entertainment is not allowed, this includes disc jockeys,
bands, music acts, or masters of ceremonies.
k. Outdoor Seating: No outdoor seating shall be allowed in conjunction with the
restaurant use, unless a modification to the Conditional Use Permit is approved by
the Planning Commission
l. Outdoor Storage: No outdoor storage is permitted on the subject property. No
equipment, materials, food and/or refuse stored outside the building or within the
adjacent parking lot area.
m. Outdoor Display: No outdoor display of merchandise is allowed on the subject
property.
n. Alcohol Sales: Alcohol sales are not permitted in association with the restaurant.
o. Lighting: On-site lighting shall be shielded away from adjacent properties and directed
on-site. The final design and type of lighting fixtures and lighting intensity of any
proposed exterior lighting for the project shall be reviewed and approved by the
Community Development Director for compliance with the City of Campbell Lighting
Design Standards (CMC Sec. 21.18.090).
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. Exterior areas of the business shall include not only the parking
lot and private landscape areas, but also include the public right-of-way adjacent to the
business.
8. Landscape Maintenance: All landscaped areas shall be continuously maintained in
accordance with City Landscaping Requirements (CMC 21.26). The incorporation of
eight (8) trees per parking stall shall be maintained on site at all times. Landscaped areas
shall be watered on a regular basis so as to maintain healthy plants. Landscaped areas
shall be kept free of weeds, trash, and litter. Dead or unhealthy plants shall be replaced
with healthy plants of the same or similar type.
Planning Commission Resolution No. 4678 Page 4 of 6
2201 S. Bascom Avenue
Conditional Use Permit with Site and Architectural Review (PLN-2022-140) – Denny’s
9. Signage: No signage is approved as part of the development application approved
herein. New signage shall not be installed prior to approval of a sign permit.
10. Windows & Doors: At no time shall an obscure wall or barrier (i.e. window tinting,
furniture, inventory, shelving units, storage of any kind or similar) be installed along,
behind or attached to windows or doorways that blocks visual access to the tenant space
or blocks natural light.
11. 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. Parking spaces shall be free of debris or other obstructions.
12. Construction Activities: The applicant shall abide by the following requirements during
construction:
a. The Project Site shall be posted with the name and contact number of the lead
contractor in a location visible from the public street prior to the issuance of
building permits.
b. Construction activities shall be limited to weekdays between 8:00 a.m. and
5:00 p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction
shall take place on Sundays or holidays unless an exception is granted by the
Building Official.
c. All construction equipment with internal combustion engines used on the
Project Site shall be properly muffled and maintained in good working
condition.
d. Unnecessary idling of internal combustion engines shall be strictly prohibited.
e. All stationary noise-generating construction equipment, such as air
compressors and portable power generators, shall be located as far as
possible from noise-sensitive receptors such as existing residences and
businesses.
f. Use standard dust and erosion control measures that comply with the adopted
Best Management Practices for the City of Campbell.
13. Revocation of Permit: Operation of a restaurant use with late-night activities (24-hour
operation, daily) pursuant to this Approval is subject to Chapter 21.46 of the Campbell
Municipal Code authorizing the appropriate decision making body to modify or revoke an
Conditional Use Permit if it is determined that its operation has become a nuisance to
the City’s public health, safety or welfare or for violation of the Conditional Use Permit or
any standards, codes, or ordinances of the City of Campbell. At the discretion of the
Community Development Director, if the establishment generates three (3) verifiable
complaints related to violations of conditions of approval and/or related to its operation
within a twelve (12) month period, a public hearing may be scheduled to consider
modifying conditions of approval or revoking the Conditional Use Permit. The Community
Development Director may commence proceedings for the revocation or modification of
permits upon the occurrence of less than three (3) complaints if the Community
Development Director determines that the alleged violation warrants such an action. The
Planning Commission Resolution No. 4678 Page 5 of 6
2201 S. Bascom Avenue
Conditional Use Permit with Site and Architectural Review (PLN-2022-140) – Denny’s
Director may also at such time immediately restrict the establishment's hours of
operation. In exercising this authority, the decision-making body may consider the
following factors, among others:
a. The number and types of Police Department calls for service at or near the
establishment that are reasonably determined to be a direct result of customer
and/or employee actions;
b. The number of complaints received from residents, business owners and other
citizens concerning the operation of an establishment regarding, noise, and/or
other operational impacts; and
c. Violation of conditions of approval.
Building Division
14. Permit Required: A Building Permit application shall be required for the proposed project.
The Building Permit shall include Electrical/Plumbing/Mechanical fees when such work
is part of the permit.
15. Conditions of Approval: The Conditions of Approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
PUBLIC WORKS DEPARTMENT
16. The scope of this project triggers the requirement for Frontage Improvements as required
by Campbell Municipal Code 11.24.040. The applicant will need to upgrade the two (2)
existing driveways along the Apricot Avenue frontage, shown on sheet A-1.0 as being
part of the applicant’s accessible path of travel to the accessible parking stalls, to be
accessible (ADA) compliant. The driveway shall be reconstructed using City Standard
Detail C-19.
17. Plans / Encroachment Permit / Fees / Deposits: Prior to issuance of any building permits
for the site, the applicant shall apply, pay various fees and deposits, post security and
provide insurance necessary to obtain an encroachment permit for construction of the
standard public street improvements, as required by the City Engineer. The plans shall
include the following, unless otherwise approved by the City Engineer:
a. Reconstruction of two (2) existing driveway approaches along the Apricot
frontage to be ADA compliant using City Standard Detail C-19.
b. Construction of conforms to existing public and private improvements, as
necessary.
18. Street Improvements Completed for Occupancy and Building Permit Final: Prior to
allowing occupancy and/or final building permit signoff for any and/or all buildings, the
applicant shall have the required street improvements installed and accepted by the City.
19. Trash Enclosure Requirements: The following requirements apply to the construction of
the trash enclosure:
Planning Commission Resolution No. 4678 Page 6 of 6
2201 S. Bascom Avenue
Conditional Use Permit with Site and Architectural Review (PLN-2022-140) – Denny’s
a. NPDES Permit No. CAS612008 (CRWQCB) - C.3.a.i. (7): For all new
development and redevelopment projects that are subject to the Permittee’s
planning, building, development, or other comparable review, but not regulated by
Provision C.3, encourage the inclusion of adequate source control measures to
limit pollutant generation, discharge, and runoff. These source control measures
should include covered trash, food waste, and compactor enclosures.
b. Campbell Municipal Code 14.02.030 (Stormwater Pollution Control /
Requirements): The code states that no pollutants or water containing pollutants
can be discharged into the City's storm drain system. Trash enclosures contain
pollutants. During a rain event (or during general cleaning) water washes over
and into roofless enclosures, collecting pollutants and discharging to the City's
storm drain system. Applicants are required to show how new trash enclosures
will not discharge pollutants into the storm drain system. One possible method is
to provide a sanitary drain in the trash enclosure.
c. West Valley Sanitation District (WVSD): the local sanitary sewer agency, will
require a roof on the enclosure if the trash enclosure drain connects to their
sanitary sewer system.
FIRE DEPARTMENT
20. Review of this Developmental proposal is limited to acceptability of site access, water
supply and may include specific additional requirements as they pertain to fire
department operations, and shall not be construed as a substitute for formal plan review
to determine compliance with adopted model codes. Prior to performing any work, the
applicant shall make application to, and receive from, the Building Department all
applicable construction permits.
21. The fire department has no comments or conditions. The plans are approved as
submitted.
22. Please note that a plan review is required prior to any proposed tenant improvement.
23. Sprinklers for the new trash enclosure will be verified during building permit. This review
shall not be construed to be an approval of a violation of the provisions of the California
Fire Code or of other laws or regulations of the jurisdiction. A permit presuming to give
authority to violate or cancel the provisions of the fire code or other such laws or
regulations shall not be valid. Any addition to or alteration of approved construction
documents shall be approved in advance. [CFC, Ch.1, 105.3.6]
Resol 4678 ~ 2201 S. Bascom Avenue
(Denny's)
Final Audit Report 2023-05-25
Created:2023-05-24
By:Ken Ramirez (kenr@campbellca.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAmGYmw5RIm6ycD4BTUweK63qqDlYRFsHu
"Resol 4678 ~ 2201 S. Bascom Avenue (Denny's)" History
Document created by Ken Ramirez (kenr@campbellca.gov)
2023-05-24 - 11:43:47 PM GMT
Document emailed to Rob Eastwood (robe@campbellca.gov) for signature
2023-05-24 - 11:44:34 PM GMT
Email viewed by Rob Eastwood (robe@campbellca.gov)
2023-05-25 - 4:06:02 PM GMT
Document e-signed by Rob Eastwood (robe@campbellca.gov)
Signature Date: 2023-05-25 - 4:09:25 PM GMT - Time Source: server
Document emailed to mkamkar7@gmail.com for signature
2023-05-25 - 4:09:26 PM GMT
Email viewed by mkamkar7@gmail.com
2023-05-25 - 7:41:56 PM GMT
Signer mkamkar7@gmail.com entered name at signing as Matt Kamkar
2023-05-25 - 8:10:36 PM GMT
Document e-signed by Matt Kamkar (mkamkar7@gmail.com)
Signature Date: 2023-05-25 - 8:10:38 PM GMT - Time Source: server
Agreement completed.
2023-05-25 - 8:10:38 PM GMT