PC Res 3704
RESOLUTION NO. 3704
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
(PLN2005-123) TO ALLOW LATE NIGHT USES AT AN EXISTING
RESTAURANT ON PROPERTY OWNED BY CAROL HOCKENBURY
ET AL LOCATED AT 1960 S. BASCOM AVENUE IN A C-2-S
(GENERAL COMMERCIAL) ZONING DISTRICT. APPLICATION OF
MR. DENNIS WUOLLET, ON BEHALF OF TACO BRAVO. PLN2005-
123.
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 PLN2005-123:
1. The proposed late night activities are 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 10,595 square foot lot, developed with 938 square feet
of building area, 1,837 square feet of landscaping, and 7,820 square feet of paving.
3. The existing 21 parking spaces will adequately address the parking needs of the
subject site and proposed use.
4. The project site is located on the northeast corner South Bascom Avenue and
Fewtrell Drive and is surrounded by commercial uses on the north, south and west
sides and a daycare facility to the east.
5. The proposed project is consistent with other developments and uses in the
surrounding area.
6. The Police Department has no objections to the proposed project, as conditioned.
7. Business hours shall be restricted to 9:00am to 12:00am Sunday through Thursday
and 9:00am to 1 :OOam Friday and Saturday.
8. 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 and Zoning Ordinance.
Planning Commission Resolution No. 3704
PLN2005-123 -- 1960 S. Bascom Avenue -- Use Permit - Taco Bravo
Page 2
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
of the City.
3. The proposed use is compatible with the uses in the area.
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 as conditioned 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 of the project.
THEREFORE, BE IT RESOLVED that the Planning Commission approves a
Conditional Use Permit (PLN2005-123) to allow late night uses at an existing restaurant
on property owned by Carol Hockenbury et allocated at 1960 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
Planning Division:
1. Approved Project: Approval is granted for a Conditional Use Permit (PLN2005-123)
to allow late night activities for an existing restaurant on property located at 1960 S.
Bascom Avenue. The project shall substantially conform to the revised plans
Planning Commission Resolution No. 3704
PLN2005-123 -- 1960 S. Bascom Avenue -- Use Permit - Taco Bravo
Page 3
prepared by Davco Associates and received by the Planning Division on November
17, 2005, except as may be modified by the conditions of approval contajned herejn.
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.
3. Revocation of Permit/Review: 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 Condjtional Use Permjt by the
Planning Commission.
The Planning Commission shall conduct a review of the Conditional Use Permit
upon the completion of six months of operation from the date of the Planning
Commission's approval. Additionally, the Planning Commjssjon may revjew the
Conditional Use Permit based upon verified complaints filed with the Community
Development Director.
4. Postina of Conditions: All conditions of approval related to operations shall be
posted on the premjses in a conspicuous employee area, approved by the
Community Development Director.
5. Propertv 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 private property and the public property frontage at all times. Property
damaged as a result of such graffiti, posters or stickers shall be repaired
immediately after removal. Upon notification by the City of non-compliance with this
condition of approval, the owner/operator shall bring the property into compliance
within 48 hours.
6. Landscape Plan: The applicant shall submit four (4) sets of a landscape and
irrigation plan, within 30 days of the Use Permit approval, to refurbish the existing
planting areas along the south and west property lines to the Planning Djvision for
review and approval by the Community Development Director. Landscape and
irrigation plans shall be consistent with the City's Water Efficient Landscapjng
Standards. The landscape improvements shall be installed within 45 days of
approval of the submitted landscape plan.
7. Outdoor StoraQe: 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.
8. Noise:
Plannjng Commission Resolution No. 3704
PLN2005-123 -- 1960 S. Bascom Avenue -- Use Permit - Taco Bravo
Page 4
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 ManaQement: In the event complaints are received by the City regarding
noise, the Community Development Director may immediately modify the hours
of operatjon and/or limit the extended hours of operation, subject to the project
being brought back to the Planning Commission for review.
9. Operational Hours: The operational hours shall be from 9 a.m. to 3 a.m., seven
days a week.
10. ParkinQ and Drivewavs: All parking and driveway areas shall be maintajned in
compliance with the standards in Chapter 21.28 of the Campbell Municipal Code.
11. On-Site LiQhtinQ: The applicant shall provjde one new parkjng lot light adjacent to
the rear parking lot and shall repair and/or replace the existing light fixtures as
necessary. Any proposed on-site lightjng 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 submitted to the Planning Division within 30
days of the Use Permit approval, and reviewed and approved by the Community
Development Director. Lighting fixtures shall be of a decorative design to be
compatible with the development and shall incorporate energy saving features. The
lighting fixtures shall be installed wjthjn 45 days of approval of the submitted lighting
plan.
12. SiQns: 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 21.30 of the Campbell Municipal Code.
13. Sidewalk Maintenance: The owner/operator of the property shall provide on-going
maintenance of the sidewalks and shall pressure wash the sidewalks as necessary
or as required by the Community Development Director or Director of Public Works
to remove all spills, gum and food.
14. Trash and RecvclinQ Enclosure: The applicant shall submit details regarding the
refurbishment of the trash and recycling enclosure(s), within 30 days of the use
permit approval, to the Planning Division for review and approval by the Community
Development Director and shall be installed within 45 days of the Director approval.
Unless otherwise noted, enclosures shall consist of a concrete floor surrounded by a
six-foot high solid wall and have decorative self-closing doors. The enclosure shall
be constructed at grade level and have a level area adjacent to the trash enclosure
area to service the containers. The enclosure shall be installed within 45 days of
approval of the submitted trash enclosure plan.
Planning Commission Resolution No. 3704
PLN2005-123 -- 1960 S. Bascom Avenue -- Use Permjt - Taco Bravo
Page 5
PASSED AND ADOPTED this 13th day of December, 2005, by the following roll call
vote:
AYES:
Commissioners:
Alderete, Doorley, Ebner, Francois, Gibbons, Rocha
and Roseberry
None
None
None
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
ATTEST:~ ~
Sharon Fierro, Secretary