PC Res 3726
RESOLUTION NO. 3726
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
(PLN2006-58) TO ALLOW LATE NIGHT ACTIVITIES FOR THE
BAKING OF BREAD IN CONJUNCTION WITH A RESTAURANT
(PANERA BREAD) ON PROPRETY OWNED BY LYNN BUZOLlCH
ET AL LOCATED AT 501 E. HAMILTON AVENUE IN A C-2-S
(GENERAL COMMERCIAL) ZONING DISTRICT. APPLICATION OF
MR. JEFF BURRILL, ON BEHALF OF PANGENERA, LLC. FILE NO:
PLN2006-58.
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 PLN2006-58:
1. The proposed late night activities, in conjunction with a restaurant, are consistent
with the General Commercial General Plan land use designation.
2. The proposed late night activities for a restaurant will be compatible with the C-2
(General Commercial) zoning designation with approval of a Conditional Use Permit.
3. The project site consists of a 4,003 square foot restaurant in a multi-tenant
commercial building.
4. The project site is located on the north side of Hamilton Avenue between the
Highway 17 southbound exit ramp and Almarida Drive.
5. The property is surrounded by single-family residential to the north, commercial to
the south, Highway 17 to the east, and commercial/multi-family residential to the
west.
6. The proposed project is consistent with other developments and uses in the
surrounding area.
7. No exterior modifications to the building are proposed in conjunction with the
proposed late night activities.
8. The Police Department has not expressed a concern with the proposed project.
9. The hours of operation shall be restricted to 6:00 a.m. to 11 :00 p.m. daily for
customer service and 11 :00 p.m. to 6:00 a.m. for one to four employees only for
bread baking.
Planning Commission Resolution No. 3726
PLN2006-58 - 501 E. Hamilton Avenue -Use Permit-Late Night Activities-Panera Bread
Page 2
10. 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.
2. The proposed project, as conditioned, will aid in the harmonious development of the
immediate area.
3. No substantial evidence has been presented from which a reasonable argument
could be made that shows that the project, as currently presented and subject to the
required Conditions of Approval, will have a significant adverse impact on the
environment.
4. The proposed development will not be detrimental to the health, safety or welfare of
the neighborhood or the City as a whole.
5. 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.
6. The subject site is adequately served by streets of sufficient capacity to carry the
kind and quantity of traffic such use would generate.
7. There is a reasonable relationship between the use of the fees imposed upon the
project and the type of development project.
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 (PLN2006-58) to allow late night activities for the baking of
bread in conjunction with a restaurant (Panera Bread) on property owned by Lynn
Buzolich et al located at 501 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
Planning Commission Resolution No. 3726
PLN2006-58 - 501 E. Hamilton Avenue -Use Permit-Late Night Activities-Panera Bread
Page 3
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 Proiect: Approval is granted for a Conditional Use Permit (PLN2006-
00058) allowing late night activities for the baking of bread in conjunction with a
restaurant (Panera Bread) located at 501 E. Hamilton Avenue. The site layout and
design shall substantially comply with project description and plans received by the
Community Development Department dated May 17, 2006, except as may be
modified by the Conditions of Approval 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.
4. Business Operational Hours: The hours of operation shall be restricted to 6:00 a.m.
to 11 :00 p.m. daily for customer service and 11 :00 p.m. to 6:00 a.m. daily for one to
four employees for the baking of bread only.
5. Trash & Clean Up: All trash, normal clean up, carpet cleaning, etc. shall not be done
in the late evening or early morning hours. All clean up shall be done between 6:00
a.m. and 11 :00 p.m. daily.
6. 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.
7. 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.
8. Outdoor Seatinq Permit: The applicant shall obtain an Outdoor Seating and Display
Permit by the Community Development Director, per Section 21.10.060{H) of the
Campbell Municipal Code.
Planning Commission Resolution No. 3726
PLN2006-58 - 501 E. Hamilton Avenue -Use Permit-Late Night Activities-Panera Bread
Page 4
9. 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,
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.
PASSED AND ADOPTED this 13th day of June, 2006, by the following roll call vote:
AYES:
Commissioners:
Alderete, Doorley, Ebner, Francois, Gibbons, Rocha
and Roseberry
None
None
None
APPROVED:~ ~ 0-
-
Bob Alderete, Chair
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
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ATTEST:
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Sharon Fierro, Secretary