PC Res 3526 RESOLUTION NO. 3526
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
(PLN2003-57) TO ALLOW LATE NIGHT HOURS FOR AN EXISTING
RESTAURANT (WlENERSCHNITZEL) ON PROPERTY OWNED BY
MS. CAROL T. HOCKENBURY LOCATED AT 1940 S. BASCOM
AVENUE IN A C-2-S (GENERAL COMMERCIAL) ZONING
DISTRICT. FILE NO. PLN2003-57.
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 PLN2003-57:
The proposed restaurant business with late night operations is consistent with the General
Plan land use designation of General Commercial and the C-2-S (General Commercial)
Zoning District.
2. The project site consists of a 16,300 square foot lot, developed with 1,144 square feet of
building area, 1,160 square feet of landscaping, and 13,996 square feet of paving.
3. The existing 16 parking spaces will adequately address the parking and circulation needs of
the subject site and proposed use.
The project site is located on the east side of South Bascom Avenue between McBain and
Fewtrell Avenues and is surrounded by commercial uses on the north, south and west sides
and day care center to the east.
5. The proposed project is consistent with other developments and uses in the surrounding area.
6. The Police Department has not expressed a concern with the proposed project.
7. Business hours shall be restricted to:
Limited to 9:00 a.m. to 12:00 a.m. (Sunday - Thursday)
Limited to 9:00 a.m. to 1:00 a.m. (Friday and Saturday)
8. 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.
Planning Commission Resolution No. 3526
PLN2003-57 -- 1940 S. Bascom Avenue -- Use Permit - Late Night Hours
Page 2
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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.
The proposed use 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.
The subject site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic such uses would generate.
The proposed project will aid in the enhancement and the harmonious development of the
immediate area.
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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.
8. 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 (PLN2003-57) to allow late night hours for an existing restaurant (Wienerschnitzel)
on property owned by Ms. Carol T. Hockenbury located at 1940 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 (PLN2003-57) to allow
late night operational hours for an existing fast food restaurant on property located at 1940 S.
Bascom Avenue. The project shall substantially conform to the plans received by the
Planning Commission Resolution No. 3526
PLN2003-57 -- 1940 S. Bascom Avenue -- Use Permit - Late Night Hours
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Planning Division on May 2, 2003, except as may be modified by the conditions of approval
contained 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 and the conditions of approval satisfied. Failure to meet this
deadline will result in the Conditional Use Permit being void.
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.
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 private
property and the public property frontage at all times. Property damaged as a result of such
graffiti, posters or stickers shall be repaired immediately after removal. Upon notification by
the City of non-compliance with this condition of approval, the owner/operator shall bring
the property into compliance within 48 hours.
Outdoor Storage: No outdoor storage is permitted on the subject property except outdoor
seating and tables in the patio area. No equipment, materials or business vehicles shall be
parked and/or stored outside the building or within the parking lot.
Noise:
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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 heating
capacity from any residential property.
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Noise Management: 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.
7. Operational Hours: The operational hours shall be limited to:
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9 a.m. to midnight (Sunday through Thursday)
9 a.m. to 1 a.m. (Friday and Saturday)
Parking and Driveways: Ail parking and driveway areas shall be maintained in compliance
with the standards in Chapter 21.50 of the Campbell Municipal Code.
Planning Commission Resolution No. 3526
PLN2003-57 -- 1940 S. Bascom Avenue -- Use Permit - Late Night Hours
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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.
10. Signs: 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.
11. Sidewalk Maintenance: The owner/operator of the property shall provide on-going
maintenance of the sidewalks and shall pressure wash the sidewalks as necessary or as
required by the Community Development Director or Director of Public Works to remove all
spills, gum and food.
12. Trash and Recycling Enclosure: The applicant shall submit details regarding the
refurbishment of the trash and recycling enclosure(s) to the Planning Division for review and
approval by the Community Development Director within one year of the use permit
approval. Unless otherwise noted, enclosures shall consist of a concrete floor surrounded by
a six-foot high solid wall and have decorative self-closing doors. The enclosure shall be
constructed at grade level and have a level area adjacent to the trash enclosure area to service
the containers.
13. Fencing: Any existing or proposed fencing shall comply with Section 21.59.090 of the
Campbell Municipal Code. The existing wood fence along the eastern property line shall be
removed and replace with a six foot masonry or pre-cast concrete wall. The proposed
masonry wall shall be finished with plaster on both sides and textured and painted with a
subtle color to complement the building and site. Vines shall be trained to grow up the
masonry wall.
14. Property Maintenance: The property is to be maintained free of any trash, litter, debris
and/or weeds.
15. Landscape and Irrigation Plans: The applicant shall submit four (4) sets of detailed final
landscape and irrigation plans to refurbish the rear planting area along the easterly property
line to the Planning Division, within one year of the use permit approval for review and
approval by the Community Development Director. Landscape and irrigation plans shall be
consistent with the City's Water Efficient Landscaping Standards.
Building Division
16. Permits Required: A building permit application shall be required for the masonry wall. The
building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of
the permit.
Planning Commission Resolution No. 3526
PLN2003-57 -- 1940 S. Bascom Avenue -- Use Permit - Late Night Hours
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17. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of
construction plans submitted for building permit.
18. Size of Plans: The minimum size of construction plans submitted for building permits shall
be 24 inches by 36 inches.
19. 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.
20. Site Plan: Application for building permit shall include a competent site plan that identifies
property 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.
21. Non-Point Source Pollution Control: 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 inches by 36 inches) is available at the Building
Division service counter.
PASSED AND ADOPTED this 14th day of October, 2003, by the following roll call vote:
AYES: Commissioners: Alderete,
Roseberry
NOES: Commissioners: None
ABSENT: Commissioners: Hernandez
ABSTAIN: Commissioners: None
Doorley, Francois, Gibbons, Rocha and
ATTEST:
~eo6~l~oorley, Acting Ch-'~
/~Sec~