PC Res 2543RESOLUTION NO. 2543
PLANNING COMMISSION
BEING A RESOLUTION OF THE PI2kbFNING COMMISSION
OF THE CITY OF CAMPBELL APPROVING A USE PEtLMIT
ALLOWING THE CONSTRUCTION OF A DRIVE-THRU
RESTAUIL~NT ON PROPERTY KNOWN AS 2200 S. BASCOM AVE.
IN A C-2-S (GENERAL COMMERCIAL) ZONING DISTRICT.
(APPLICATION OF DAC~JlA, INC., UP 88-03).
After notification and public hearing as specified by law on the application of
Dacara, Inc., on behalf of Foster's Freeze, for a Conditional Use Permit and
approval of plans and elevations to allow the construction of a drive-thru
restaurant on property known as 2200 S. Bascom Ave. in a C-2-S (General
Commercial) Zoning District, as per the application filed in the Planning
Department on April 29, 1988; 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:
The proposed drive-thru restuarant will not be detrimental to the health,
safety, peace, morals, comfort or general welfare of persons residing or
working in the neighborhood of the proposed use.
The presented plans indicate that the site size is adequate to accommodate
the landscape buffers, screen walls, parking and loading facilties, and
other development features to integrate this use into the surrounding area.
3. The proposed use is adequately served by streets and driveways to carry the
anticipated traffic capacity for this use.
4. The proposed use is considered compatible with other commercial uses and
residential uses in this area.
5. The architectural design is considered superior to other similar uses by
the Architectural Advisor.
6. The use is desirable to the public convenience and is consistent with the
objectives of the City's General Plan.
Based on the above findings, the Planning Commission does hereby grant the
requested Use Permit, subject to the following conditions:
Revised elevations plan indicating awnings, restrictive parking barrier,
and increased rear fence height to be submitted to the Planning Department
and approved by the Planning Director upon recox~endation of the
Architectural Advisor prior to application for a building permit.
Property to be fenced and landscaped as indicated and/or added in red on
the plans. Landscaping and fencing shall be maintained in accordance with
the approved plans.
Resolution No. 2543 -2- UP 88-03
Landscaping plan indicating type and size of plant material, and location
of irrigation system to be submitted to the Planning Department and
approved by the Site and Architectural Review Committee and/or Planning
Commission prior to issuance of a building permit.
Fencing plan indicating location and design details of fencing and lighting
plan to be submitted to the Planning Department and approved by the
Planning Director prior to issuance of a building permit.
Applicant to either (1) post a faithful performance bond in the amount of
$4,000.00 to insure landscaping, fencing, and striping of parking areas
within 3 months of completion of construction; or (2) file written
agreement to complete landscaping, fencing, and striping of parking areas.
Bond or agreement to be filed with the Planning Department prior to
application for a building permit.
Applicant to submit a plan to the Planning Department, prior to
installation of PG&E utility (transformer) boxes, indicating the location
of the boxes and screening (if boxes are above ground) for approval of the
Planning Director.
7. Building occupancy will not be allowed until public improvements are
installed.
Ail 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.
9. Underground utilities to be provided as required by Section 20.36.150 of
the Campbell Municipal Code.
10. Plans submitted to the Building Department for plan check shall indicate
clearly the location of all connections for underground utilities including
water, sewer, electric, telephone and television cables, etc.
11. Sign application to be submitted in accordance with provisions of the Sign
Ordinance for all signs. No sign to be installed until application is
approved and permit issued by Planning and Building Departments (Section
21.53 of the Campbell Municipal Code).
12. 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 apartment units, to all commercial,
business, industrial, manufacturing, and construction establishments.
13. Trash container(s) of a size and quantity 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. Ail enclosures to be constructed at grade
level and have a level area adjacent to the trash enclosure area to service
these containers.
Resolution No. 2543 -3- UP 88-03
14. Applicant shall comply with all appropriate State and City requirements for
the handicapped.
BUILDING DEPARTMENT
15. Retaining walls at property lines are limited to a height of 15 inches if
constructed of wood.
16. Exterior north wall and front wall to be one hour construction. Table 5A,
1985 UBC.
FIRE DEPARTMENT
No comments at this time.
PUBLIC WORKS DEPARTMENT
17. Process and file a parcel map to combine the two lots or provide evidence
of cross easements for parking and access between this parcel and APN
288-6-7.
18. Obtain an excavation permit, pay fees and post surety to modify and/or
relocate the driveway approaches, electrolier and storm drain inlet.
19. Submit three copies of grading and drainage plans for Public Works review.
PLANNING DEPARTMENT
20. Hours of operation be limited to: 7 a.m. to 10 p.m. - Sunday through
Thursday; and, 7 a.m. to 12 p.m. - Fridays and Saturdays.
21. Use permit to be reviewed in three months and in six months from date of
approval.
22. Landscape plan to address buffer at rear of property including type and
size of trees. Adjacent property owners to be notified of meeting when
landscape plans are discussed.
The applicant is notified as part of this application that he/she is required
to comply with all applicable Codes and/or Ordinances of the City of Campbell
and the State of California which pertain to this development and are not
herein specified.
PASSED AND ADOPTED this 26th day of July 1988 by the following roll call vote:
AYES:
NOES:
ABSENT:
Commissioners:
Commissioners:
Commissioners:
Perrine, Olszewski, Walker, Christ
Stanton, Dickson
Kasolas
ATTEST:
Arthur A. Kee
Secretary
APPROVED:
Ronald W. Christ
Chairman