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PC Res 3717 RESOLUTION NO. 3717 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2006-21) TO ALLOW EXPANDED OPERATIONAL HOURS TO 24-HOUR OPERATION AT AN EXISTING CARROWS RESTAURANT ON PROPERTY OWNED BY SHIGERU & JUNE AKIKO TACHIBANA, TRUSTEES, LOCATED AT 150 E. HAMILTON AVENUE IN A C-2-S (GENERAL COMMERCIAL) ZONING DISTRICT. APPLICATION OF MS. SUSAN SULLIVAN, ON BEHALF OF CARROWS RESTAURANTS, INC. FILE NO: PLN2006-21. 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 PLN2006-21: 1. The proposed operational hours and late night activities in conjunction with a restaurant are consistent with the General Commercial General Plan land use designation. 2. The proposed operational hours and late night activities for a restaurant will be compatible with the C-2-S (General Commercial) zoning designation with approval of a Conditional Use Permit. 3. The project site consists of a 5,420 square foot restaurant on a .76 acre site that was originally constructed in 1978. 4. The project site is located on the south side of East Hamilton Avenue at the south west corner of N. Third Street and East Hamilton Avenue. The property is surrounded by office uses to the north and south, a restaurant use to the east and office use/residential uses to the west. 5. The proposed project is consistent with other commercial developments and uses in the surrounding area. 6. No exterior modifications to the building are proposed in conjunction with the proposed late night activities. 7. The Police Department has not expressed a concern with the proposed project. 8. The hours of operation shall be restricted to: a) Outdoor activities (e.g. parking lot cleaning, trash pick-up or sweeping and deliveries) shall be limited to 6:00 a.m. to 11 :00 p.m. b) Restaurant operation is permitted on a 24 hour basis. Planning Commission Resolution No. 3717 PLN2006-21 -- 150 E. Hamilton Avenue -- Use Permit - Carrows Restaurant Page 2 9. 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. 2. 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 Municipal Code. 3. 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. 4. 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. 5. 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. 6. 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. 7. The establishment a restaurant use on a 24 hour basis will not result in an over concentration of such uses in the area. 8. The establishment of a restaurant on a 24 hour basis will not create a nuisance due to litter, noise, traffic, vandalism, or other factors. 9. The establishment of a restaurant on a twenty-four hour basis will not significantly increase the demand on City services. 10. 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. 11. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. Planning Commission Resolution No. 3717 PLN2006-21 -- 150 E. Hamilton Avenue -- Use Permit - Carrows Restaurant Page 3 THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit (PLN2006-21) to allow expanded operational hours to 24-hour operation at an existing Carrows Restauarant on property owned by Shigeru & June Akiko Tachibana, Trustees, located at 150 E. Hamilton Avenue in a C-2-S (General Commercial) Zoning District. 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 (PLN2006-21) to allow a restaurant use to be operated on a 24 hr. basis for a restaurant (Carrow's) located at 150 E. Hamilton Avenue. The project shall substantially conform to the plans received by the Planning Division on March 7, 2006, and project description received on March 7, 2006, except as may be modified by the conditions of approval contained herein. 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: 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 Conditional Use Permit by the Planning Commission. In the event complaints are received by the City regarding noise, the Community Development Director may immediately modify the hours of operation and/or limit the extended hours of operation, subject to the project being brought back to the Planning Commission for review. 4. Business Operational Hours: The hours of operation shall be allowed on a 24 hour basis. Outdoor activities (e.g. parking lot cleaning, trash pick-up or sweeping and deliveries) shall be limited to 6:00 a.m. to 11 :00 p.m. Planning Commission Resolution No. 3717 PLN2006-21 -- 150 E. Hamilton Avenue -- Use Permit - Carrows Restaurant Page 4 5. 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. 6. Siqnaqe: No signage is approved as part of the development application approved herein. All signage shall be installed and maintained consistent with the provision of the Sign Ordinance, Chapter 21.30 of the Campbell Municipal Code. 7. Location of Mechanical Equipment: No roof-mounted mechanical equipment (Le. air conditioning units, ventilation ducts or vents), shall be added to the existing building without providing screening of the mechanical equipment from public view and surrounding properties. The screening material and method shall be architecturally compatible with the building and requires review and approval by the Community Development Director and Building Division prior to installation of such screening. 8. Loiterinq: There shall be no loitering allowed outside the business in the rear parking lot or the side parking lot areas. 9. Outdoor Storaqe: No outdoor storage is permitted on the subject property. No equipment or materials shall be stored outside the building or within the parking lot. 10. Noise: a. Noise Standard: Any noises, sounds and/or voices, including but not limited to amplified sounds, loud speakers, sounds from audio sound systems, music, door alarm, cleaning equipment 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 operation and/or limit the extended hours of operation, subject to the project being brought back to the Planning Commission for review. c. Back Door: The alarm for the back door shall be modified to the satisfaction of the Community Development Director so as not to be heard from the exterior of the restaurant. 11. Trash & Clean Up: Trash and clean up shall not be done in the late evening or early morning hours. All trash and clean up shall be done between 6:00 a.m. and 11 :00 p.m. daily. 12. Parkinq and Drivewavs: All parking and driveway areas shall be maintained in compliance with the standards in Chapter 21.28 (Parking & Loading) of the Campbell Municipal Code. Applicant shall provide signing and a restrictive barrier Planning Commission Resolution No. 3717 PLN2006-21 -- 150 E. Hamilton Avenue -- Use Permit - Carrows Restaurant Page 5 along the southwesterly portion of the parking area (seven spaces) adjacent to the abutting residential use prohibiting parking between the hours of 11 p.m. to 6 a.m. 13. On-Site Liqhtinq: The applicant shall provide one new parking lot light adjacent to the Third Street driveway and shall repair and/or replace the existing light fixtures as necessary. 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 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 within 45 days of approval of the submitted lighting plan. PASSED AND ADOPTED this 9th day of May, 2006, by the following roll call vote: AYES: Commissioners: Alderete, Doorley, Francois, Gibbons, Rocha and Roseberry None Ebner None NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: APPROVED: 'h ~~~ Bob Alderete, hair ATTEST: