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PC Res 2814RESOLUTION NO. 2814 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A SITE AND ARCHITECTURAL APPLICATION ALLOWING REMODEL OF A FAST FOOD RESTAURANT, ON PROPERTY LOCATED AT 1450 WEST CAMPBELL AVENUE, IN A C-2-S (GENERAL COMMERCIAL) ZONING DISTRICT; APPLICATION OF MRS. VIRGINIA FANELLI, FILE NO. S 92-05. After notification and Public Hearing as specified by law on the application of Mrs. Virginia Fanelli, allowing the remodel of an existing fast food restaurant, on property located at 1450 West Campbell Avenue, in a C-2-S (General Commercial) Zoning District, as per the application filed in the Planning Department on June 17, 1992; and, after presentation by the Planning 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 File No. S 92-05: 1. The proposed remodel will substantially enhance the existing facility. The proposed site plan provides adequate parking facilities to accommodate the proposed expansion. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: The proposed project, subject to the conditions imposed, will be consistent with the General Plan. The proposed project, subject to the required conditions, will aid in the harmonious development of the immediate area. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: The proposed project, subject to the Conditions of Approval imposed, will be consistent with the General Plan; and, ° The proposed project, subject to the required conditions, will aid in the harmonious development to the immediate area. Based upon the above findings, the Planning Commission does hereby Resolution No. 2814 Adopted: 9/22/92 page two grant the requested proposal, subject to the following Conditions of Approval: SITE AND BUILDING DESIGN 1. Approved Project: The Site and Architectural approval is granted for an expansion/remodel of a Jack-in-the-Box restaurant located at 1450 W. Campbell Avenue, APN: 404-01-002, site plans and elevations prepared by Foodmaker, Inc., dated June 16, 1992. The color board is on file in the Planning Department. o o Use Permit: The use allowed is for 2,~.~~. square foot fast food restaurant and drive through. (Planning) Number of Seats: 45 Hours of Operation: Mon. - Sun. 24 hours LANDSCAPING 4. Revised Landscaping Plan: A final landscape and irrigation plan indicating the type and size of plant material and details on the irrigation system shall be submitted to the Planning Department for review and approval prior to issuance of building permits, subject to approval by the Planning Director. Fencing Plan: Applicant to provide a fencing plan indicating fence details for review and approval by the Planning Director. Performance Bond: Applicant to either (1) post a faithful performance bond in the amount of $4000 to ensure landscaping, fencing, and striping of parking areas within 3 months of occupancy; or (2) file a written agreement to complete landscaping, fencing and striping of parking areas. Bond or agreement to be filed prior to application for a building permit. (Planning) STREET/SITE IMPROVEMENTS 7. Parking and Driveway: All parking and driveway areas to be developed in compliance with Chapter 21.50 of the Campbell Municipal Code. All parking spaces to be provided with appropriate concrete curbs or bumper guards. (Planning) Signs: Sign application to be submitted in accordance with provisions of the Sign Ordinance for all signs. No sign to be installed until application Resolution No. 2814 Adopted: 9/22/92 page three is approved and permit issued by Planning and Building Departments (Section 21.53 of the Campbell Municipal Code). (Planning) PROPERTY MAINTENANCE/UTILITIES 9. Property Maintenance: The property is to be maintained free of any combustible trash, debris, and weeds during construction. (Fire) 10. Garbage Collection: Ordinance No. 782 of the Campbell Municipal Code stipulates that any contract for the collection and disposal of refuse, garbage, wet garbage and rubbish produced within the limits of the City of Campbell shall be made with Green Valley Disposal Company. This requirement applies to all single-family dwellings, multiple family dwellings, and all commercial, business, industrial, manufacturing, and construction establishments. (Fire) 11. Trash Containers: Trash container(s) of a size and quality necessary to serve the development shall be located in area(s) approved by the Fire Department. Unless otherwise noted, enclosure(s) shall consist of a concrete floor surrounded by a solid wall or fence and have self-closing doors of a size specified by the Fire Department. All enclosures to be constructed at grade level and have a level area adjacent to the trash enclosure area to service these containers. (Fire) PUBLIC SAFETY/WELFARE 12. Handicapped Requirements: Applicant shall comply with all appropriate State and City requirements for the handicapped. (Building) 13. Underground Utilities: Underground utilities to be provided as required by Section 20.36.150 of the Campbell Municipal Code, if new service is provided. (Planning) 14. Equipment Screening: All mechanical equipment of roofs and all utility meters to be screened for approval by the Planning Director. (Planning) 15. Utility Connections: Plans submitted to the Building Division for plan check shall indicate clearly the location of all connections for underground utilities including water, sewer, electric, telephone and television cables, etc. (Building) 16. Easement: Provide evidence of the property's right to use the relocated Resolution No. 2814 Adopted: 9/22/92 page four 20 foot access easement currently located along the western property line as depicted on the site plan. (Planning) PUBLIC WORKS DEPARTMENT 17. Encroachment Permits: Prepare plans, pay fees, post deposits and sureties as required for all work within the public right-of-way. (Public Works) 18. Encroachments: Eliminate planter between driveways and construct 10 foot marginal walk at back of curb between driveways. (Planning) 19. Site Plan: Show centerline of street to property line distance, a on previous plan. (Public Works) FIRE DEPARTMENT 20. Construction Requirements: No exterior wall openings are permitted within 5 feet of a property line and only protected openings are permitted when located within 10 feet of the property line. (U.B.C. table 5-A) (Fire) 21. Construction Requirements: Exterior walls located within 20 feet of a property line shall be of one hour fire resistive construction. U.B.C. table 5-A. (Fire) 22. Site Plan: The seating arrangement shown will require some modifications resulting in a reduced occupant load. U.B.C. section 3315 and table 33-A. 23. Revised Fencing and Lighting Plan: The exact length of the wall and placement of the light standard at the southern property line shall be subject to review and approval by the Planning Director upon submittal of the final drawings for Building Permits. The Planning Director shall consult with the adjoining property owner's representative on this matter. (Planning additional condition) Approval is effective ten days after decision of approval of the Planning Commission, unless an appeal is filed. PASSED AND ADOPTED this 22nd day of September 1992, by the following roll call vote: Resolution No. 2814 Adopted: 9/22/92 page five AYES: Commissioners: Higgins, Perrine, Dougherty, Wilkinson Dougherty,, Meyer-Kennedy, Alne, Fox NOES: Commissioners: None ABSENT: Commissioners: None c~' S~"~ I3iasec~i, ~ecretary