PC Res 3411RESOLUTION NO. 3411
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE
PERM1T (PLN2001-78) TO ALLOW THE ESTABLISHMENT OF
AN OUTDOOR SEATING AREA ACCOMMODATING 22 SEATS
IN CONJUNCTION WITH AN EXISTING RESTAURANT (BAJA
FRESH MEXICAN GRILL) ON PROPERTY OWNED BY MR.
ALVIN PENHALL AT 1976 S. BASCOM AVENUE IN THE C-2-S
(GENERAL COMMERCIAL) ZONING DISTRICT. APPLICATION
OF MR. TIM THOMASON, ON BEHALF OF BAJA FRESH
MEXICAN GRILL. FILE NO. PLN2001-78.
After notification and public heating, 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 PLN2001-78:
The proposed outdoor eating area is consistent with the Commercial land use designation of
the General Plan and the C-2-S (General Commercial) Zoning District with approval of a
Conditional Use Permit.
2. The project site consists of a 21,909 square foot lot, developed with a 2,833 square feet of
building area, 2,935 square feet of landscaping, and 16,141 square feet of paving.
3. The proposed 34 parking spaces will adequately address the parking needs of the subject site
and proposed use.
4. The proposed outdoor eating area is well designed and is architecturally compatible with the
existing building.
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The surrounding uses consist of a restaurant to the north, a bank to the south, single-family
residences to the east, and a shopping center to the west. The proposed outdoor eating area is
compatible with the surrounding development and uses.
6. Business hours shall be restricted to 7 a.m. to 11 p.m. daily.
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.
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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.
Planning Commission Resolution No. 3411
PLN2001-78 - 1976 S. Bascom Avenue - Use Permit for Outdoor Seating (22 Seats)
Page 2
3. The proposed outdoor eating area is compatible with the uses in the area.
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 use would generate.
6. The establishment will not significantly disturb the peace and enjoyment of the nearby
neighborhood.
7. There is a reasonable relationship and a rough proportionality between the Conditions of
Approval and the impacts of the project.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional
Use Permit (PLN2001-78) to allow the establishment of an outdoor seating area accommodating
22 seats in conjunction with an existing restaurant (Baja Fresh Mexican Grill) on property owned
by Mr. Alvin Penhall at 1976 S. Bascom Avenue, 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:
Approved Project: Approval is granted for a Conditional Use Permit (PLN2001-78) to allow
an outdoor eating area accommodating 22 seats in conjunction with an existing restaurant on
property located at 1976 South Bascom Avenue. Project approval shall substantially comply
with project plans dated February 12, 2002, except as may be modified by the Conditions of
Approval herein.
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. Failure to meet this deadline will result in the Conditional
Use Permit being void.
Planning Commission Resolution No. 3411
PLN2001-78 - 1976 S. Bascom Avenue - Use Permit for Outdoor Seating (22 Seats)
Page 3
Building Elevations, Details, and Colors: The applicant shall submit elevations of the screen
wall depicting architectural details and exterior materials and colors to the Planning Division
for review and approval by the Community Development Director prior to the issuance of a
building permit. The wall shall be constructed of padre brick and shall be painted to match
the building.
Landscape and Irrigation Plans: The applicant shall submit four (4) sets of landscape and
irrigation plans to the Planning Division for review and approval by the Community
Development Director prior to the issuance of a building permit. Landscape and irrigation
plans shall be consistent with the City's Water Efficient Landscaping Standards (WELS.)
5. Landscape Maintenance: The owner/operator of the property shall provide on-going
maintenance of the required landscaping for the project.
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Screen Wall Maintenance: The owner/operator of the property shall provide on-going
maintenance of the screen wall and shall replace the tempered glass portion of the wall as
needed if it is defaced or damaged.
7. Operational Hours: The operational hours shall be limited to 7 a.m. to 11 p.m. daily, unless a
Conditional Use Permit is obtained from the Planning Commission for late night operations.
Sign Permit: 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.
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Parking, Driveways, and Maintenance: All parking and driveway areas shall be developed in
compliance with the approved plans and Chapter 21.50 (Parking and Loading) of the
Campbell Municipal Code, subject to review by the Community Development Director. All
parking areas shall be regularly swept and cleaned to remove litter and debris from the
parking areas and driveways.
10. Parking Stall Markings: The applicant shall indicate on the building plans that all compact
parking stalls are painted to identify them as compact spaces prior to the issuance of a
building permit.
11. 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.
Planning Commission Resolution No. 3411
PLN2001-78 - 1976 S. Bascom Avenue - Use Permit for Outdoor Seating (22 Seats)
Page 4
Building Division:
12. Permits Required: A building permit application shall be required for the proposed addition
to the existing structure. The building permit shall include Electrical/Plumbing/Mechanical
fees when such work is part of the permit.
13. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of
construction plans submitted for building permit.
14. Size of Plans: The minimum size of construction plans submitted for building permits shall
be 24 in. × 36 in.
15. Plan Preparation: This project requires plans prepared under the direction and oversight of a
California licensed Engineer or Architect. Plans submitted for building permits shall be "wet
stamped" and signed by the qualifying professional person.
16. Site Plan: Application for building permit shall include a competent site plan that identifies
property lines and proposed structures with dimensions and elevations as appropriate. Site
plan shall also include site drainage details. Site address and parcel numbers shall also be
clearly called out. Site parking and path of travel to public sidewalks shall be detailed.
17. Title 24 Energy Compliance: California Title 24 Energy Standards Compliance forms shall
be blue-lined on the construction plans. Compliance with the Standards shall be
demonstrated for lighting of the new area.
18. Special Inspections: When a special inspection is required by U.B.C. Section 1701, the
architect or engineer of record shall prepare an inspection program that shall be submitted to
the Building Official for approval prior to issuance of the building permits, in accordance
with U.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from
the Building Inspection Division Counter.
19. Pollution Prevention: The City of Campbell, standard Santa Clara Valley Non-point Source
Pollution Control Program specification sheet shall be part of plan submittal. The
specification sheet (size 24 in. X 36 in.) is available at the Building Division service counter.
20. Title 24 Accessibility - Commercial: On site general path of travel shall comply with the
latest California Title 24 Accessibility Standards. Work shall include but not be limited to
accessibility to building entrances from parking facilities and sidewalks.
21. Title 24 Accessibility - Commercial: Projects seeking to use the Title 24 Hardship
exemption clause shall blue-line completed, City of Campbell "20%" exemption form on
submitted construction plans. Form is available at Building Division service counter.
Planning Commission Resolution No. 3411
PLN2001-78 - 1976 S. Bascom Avenue - Use Permit for Outdoor Seating (22 Seats)
Page 5
22. Approvals Required: The project requires the following agency approval prior to issuance of
the building permit:
a. West Valley Sanitation District
b. Santa Clara County Fire Department
c. Santa Clara County Department of Environmental Health
PUBLIC WORKS DEPARTMENT
23. Street Improvements: Prior to the issuance of any grading or building permits for the site, the
applicant shall execute a street improvement agreement and shall cause plans for public street
improvements to be prepared by a registered civil engineer, 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 fee for a non-utility encroachment permit application is currently $225. The plans shall
include the following:
Bascom Avenue
a. Removal of the non-ADA compliant driveway approach and related improvements;
b. Installation of a new standard ADA compliant driveway approach and related
improvements;
c. Construction of conforms to existing public and private improvements, as necessary.
PASSED AND ADOPTED this 26th day of February, 2002, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Commissioners: Alderete, Doorley, Francois, Gibbons and Hernandez
Commissioners: None
Commissioners: Jones and Leonard
Commissioners: None
APPROVE T~Fo~ F~c~~ i~
Sharon Fierro, Secretary