PC Res 3906
RESOLUTION NO. 3906
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A MODIFICATION (PLN2008-113)
TO AN ADMINISTRATIVE PLANNED DEVELOPMENT PERMIT
PREVIOUSLY APPROVED BY THE PLANNING COMMISSION
ALLOWING THE REMODEL OF AN EXISTING FAST FOOD
RESTAURANT USE (KFC) TO ACCOMMODATE A DUAL BRAND FAST
FOOT RESTAURANT (KFC/LONG JOHN SILVERS) ON PROPERTY
OWNED BY HARMAN MANAGEMENT CORPORATION LOCATED AT
1805 WINCHESTER BOULEVARD IN A P-D (PLANNED
DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MS.
FRANCESKA GLEASON, ON BEHALF OF EDWIN BRUCE
ASSOCIATES. FILE NO: PLN2008-113.
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 PLN2008-113.
1. The proposed fa<;:ade improvement, remodel and site improvements in conjunction with
an existing restaurant are consistent with the Central Commercial General Plan land
use designation.
2. The proposed fayade improvement, remodel and site improvements in conjunction with
a restaurant will be compatible with the P-D (Planned Development) zoning designation
with approval of an Administrative Planned Development Permit.
3. The project site consists of a 3,034 square foot existing restaurant (KFC & Long John
Silver).
4. The existing 29 parking spaces will adequately address the parking needs of the
subject site and the continued use. 29 parking spaces are proposed for the restaurant
use and a total of 25 parking spaces are required.
5. The project site is located at the northwest corner of Winchester Boulevard and Latimer
Avenue. The proposed project is surrounded by commercial uses to the east,
commercial and residential uses to the west, commercial, public assembly and
residential uses to the north, and office and public facility to the south.
6. The proposed project is consistent with other developments and uses in the
surrounding area.
7. The business operating hours shall be restricted to 10:00 a.m. to 10:00 p.m., Monday
through Sunday.
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8. The hours employee activity may occur shall be restricted to 9:00 a.m. to 11 :00 p.m.,
Monday through Sunday.
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 project is compatible with the General plan and will aid in the
harmonious development of the immediate area.
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 proposed project will not significantly increase the demand on City services.
6. 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.
7. 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.
8. 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.
9. 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 Modification
(PLN2008-113) to an Administrative Planned Development Permit previously approved by
the Planning Commission allowing the remodel of an existing fast food restaurant use
(KFC) to accommodate a dual brand fast food restaurant (KFC/Long John Silvers) on
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property owned by Harman Management Corporation located at 1805 Winchester
Boulevard in a P-D (Planned Development) 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. Declaration of Acceptance of All Conditions: Within thirty (30) days of Planning
Commission approval, the applicant shall sign the final, approved set of Conditions of
Approval. Until said Conditions are signed, the proposed Use Permit shall not be valid
for any permits sought from the City.
2. Approved Proiect: Approval is granted for an Administrative Planned Development
Permit (PLN2008-113) to allow a fayade improvement, remodel and site modification in
conjunction with an existing restaurant (KFC & Long John Silver) located at 1805
Winchester Boulevard. The project shall substantially conform to the revised project
plans received by the Planning Division on July 31, 2008, except as modified by the
Conditions of Approval contained herein.
3. Planninq Final Required: Planning sign off is required to prior to Building Permit
final. Construction not in substantial compliance with the approved project plans shall
not be approved without prior authorization of the necessary approving body.
4. Siqn Exception Permit: The applicant shall comply with the Conditions of Approval for
the Sign Exception Permit in conjunction with the Administrative Planned Development
Permit.
5. Administrative Planned Development Permit: The Administrative Planned
Development Permit approval shall be valid for two years from the date of final
approval. Within this two-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
Administrative Planned Development Permit being void.
6. Revocation of Permit: Operation of the use in violation of the Administrative Planned
Development Permit or any standards, codes, or ordinances of the City of Campbell
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shall be grounds for consideration of revocation of the Administrative Planned
Development Permit by the Planning Commission.
7. Business Hours: The hours of operation shall be restricted to 10:00 a.m. to 10:00 p.m.,
Monday through Sunday. The closing time shall mean the business is closed to the
public.
8. Operational Hours: The hours of allowed for employee activity shall be restricted to
9:00 a.m. to 11 :00 p.m., Monday through Sunday.
9. Restaurant Seatinq: The maximum number of seats for the restaurant shall be limited
to 74 seats.
10. Prooertv 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.
11. Siqnaqe: Signage is approved through a Sign Exception Permit and any additional
provisions of the Sign Ordinance, Chapter 21.30 of the Campbell Municipal Code.
12. Live Entertainment: No live entertainment is approved as part of the development
application approved herein, including live music, disc jockey, karaoke, and dancing.
13. Loiterinq: There shall be no loitering allowed outside the business in the rear parking
lot or the side parking lot areas. The business owner is responsible for monitoring the
premises to prevent loitering.
14. Landscape Plan: The applicant shall submit two copies of a revised landscape plan for
review and approval by the Community Development Director showing compliance with
the requirement to adequately screen the proposed ground-mounted transformer box
from public view located at the southwest corner of the subject property.
15. 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.
16. Outdoor Storaoe: No outdoor storage is permitted on the subject property. No
equipment, materials or business vehicles shall be parked and/or stored outside the
building or within the parking lot.
17. Outdoor Seatinq: No outdoor seating is approved as part of the development
application.
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18. Outdoor Cookinq: No outdoor cooking, including portable barbeques, is permitted on
the subject property.
19. Noise:
a. Noise Standard: Any noises, sounds and/or voices, including but not limited to
amplified sounds, loud speakers, sounds from audio sound systems, and/or music,
generated by the subject use shall not be audible to a person of normal hearing
capacity from any residential property. Public address svstems of all tvpes are
strictlv prohibited.
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. Front, Side and Rear Doors: The front, side and rear doors to the business shall
not remain in an open position during business hours.
20. On-Site Liqhtinq: 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
proposed exterior lighting for the project shall be reviewed and approved by the
Community Development Director prior to installation of the lighting for compliance with
all applicable Conditions of Approval, ordinances, laws and regulations. Lighting
fixtures shall be of a decorative design to be compatible with the residential
development and shall incorporate energy saving features.
21. Construction Activities: The applicant shall abide by the following requirements during
construction:
a. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00
p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take
place on Sundays or holidays unless an exception is granted by the Building
Official.
b. Truck routes to and from the construction site should be established and submitted
to the City for review and approval prior to issuance of a building permit. These
truck routes shall avoid access to the project site via residential streets where
possible.
c. All construction equipment with internal combustion engines used on the project site
shall be properly muffled and maintained in good working condition.
d. Unnecessary idling of internal combustion engines shall be strictly prohibited.
e. All stationary noise-generating construction equipment, such as air compressors
and portable power generators, shall be located as far as possible from noise-
sensitive receptors such as existing residences and businesses.
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f. Prior to the issuance of building permits, the project site shall be posted with the
name and contact number of the lead contractor in a location visible from the public
street so that the contractor can be made aware of noise complaints.
g. Construction equipment, vehicles, and workers associated with the development of
the project shall not be permitted to park on any residential streets.
22. 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 9:00 a.m.
and 11 :00 p.m. daily.
23. Trash Enclosures: All refuse and recycling containers (including used oil containers)
shall be kept in the enclosure, and covered, at all times except when being emptied by
collection personnel.
24. 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. A total of 40 parking spaces will be provided for the restaurant use.
Building Division
25. Permits Required: A building permit application shall be required for the proposed
alterations to and remodeling of the (e) structure. The building permit shall include
Electrical/Plumbing/Mechanical fees when such work is part of the permit.
26. Construction Plans: The Conditions of Approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
27. Size of Plans: The size of construction plans submitted for building permits shall be 24
inches by 36 inches.
28. 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.
29. Site Plan: Application for building permit shall include a competent site plan that
identifies property and proposed structures with dimensions and elevations as
appropriate. The site plan shall also include site drainage details, site address, and
parcel numbers. Site parking and path of travel to public sidewalks shall be detailed.
30. Special Inspections: When a special inspection is required by C.B.C. Chapter 17, the
architect or engineer of record shall prepare an inspection program that shall be
submitted to the Building Official for approval prior to issuance of the building permits,
in accordance with C.B.C Appendix Chapter 1, Section 106. Please obtain City of
Campbell, Special Inspection forms from the Building Inspection Division Counter.
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31. Non-Point Source: 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" X 36") is available at the Building Division service
counter.
32. Title 24 Accessibilitv - Commercial: On site general path of travel shall comply with the
latest California Title 24 Accessibility Standards. Work shall include but not be limited
to accessibility to building entrances from parking facilities and sidewalks.
33. Title 24 Accessibilitv - Commercial: Projects seeking to use the Title 24 Hardship
exemption clause shall blue-line completed, City of Campbell "20%" exemption form on
submitted construction plans. Form is available at Building Division service counter.
34. Approvals Required: The project requires the following agency approval prior to
issuance of the building permit:
a. Santa Clara County Fire Department
35. P.G. &E.: The applicant is advised to contact P.G. &E. as early as possible in the
approval process. Service installations, changes and/or relocations may require
substantial scheduling time and can cause significant delays in the approval process.
The applicant should also consult with P.G. &E. concerning utility easements,
distribution pole locations and required conductor clearances.
Public Works Department:
36. Preliminarv Title Report: Prior to issuance of any grading, drainage, or building permits
for the site, the applicant shall provide a current Preliminary Title Report, grant deed, or
other satisfactory proof of ownership.
37. Public Utility and Service Easements: Prior to issuance of any grading or building
permits for the site, the applicant shall grant a 10 foot public utility and service
easements on private property along the Winchester Blvd. and Latimer Ave. frontage.
Where 10 feet is not attainable, the applicant shall grant as allowed by existing building
structures. The applicant shall cause all documents to be prepared by a registered civil
engineer/land surveyor, as necessary, for the City's review and recordation.
38. Riaht-of-Wav for Public Street Purposes: Prior to issuance of any grading or building
permits for the site, the applicant shall fully complete the process to cause additional
right-of-way to be granted in fee for public street purposes along the Winchester Blvd.
and W. Latimer Ave. frontage to accommodate a 45 foot and 30 foot street half width,
respectively. The applicant shall submit the necessary documents for approval by the
City Engineer, process the submittal with City staffs comments and fully complete the
right-of-way process. The applicant shall cause all documents to be prepared by a
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registered civil engineer/land surveyor, as necessary, for the City's review and
recordation.
39. Street Improvements: Prior to issuance of building permits for the site, the applicant
shall execute a street improvement agreement, cause plans for public street
improvements to be prepared by a registered civil engineer, pay various fees and
deposits, post security and provide insurance necessary to obtain an encroachment
permit for the construction of the standard public street improvements, as required by
the City Engineer. The plans Shall include the following:
Winchester Blvd.
a. Show location of all existing utilities within the public right of way.
b. Relocation, as required by the City Engineer, of existing utility boxes, covers, etc.
outside of sidewalk area.
c. Removal of existing street trees, driveway approach, sidewalk, curb and gutter, as
required by the City Engineer.
d. Removal of existing curb ramp at northwest corner of Winchester Blvd. and Latimer
Ave.
e. Installation of City approved street trees, tree wells and irrigation at 30 feet on
center.
f. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway
approach.
g. Installation of ADA compliant curb ramp at northwest corner of Winchester Blvd.
and Latimer Avenue. This may require the relocation of existing traffic facilities.
h. Installation of asphalt concrete overlay per street pavement restoration plan for
utility installation and/or abandonment, as required by the City Engineer.
i. Removal of existing street light and installation of new streetlight, conduits,
conductors and related facilities in accordance with the City of Campbell's Street
Lighting Policies.
j. Installation of traffic control, stripes and signs.
k. Construction of conforms to existing public and private improvements, as
necessary.
Latimer Ave.
a. Show location of all existing utilities within the public right of way.
b. Relocation, as required by the City Engineer, of existing utility boxes, covers, etc.
outside of sidewalk area.
c. Removal of existing street trees, driveway approach, sidewalk, curb and gutter, as
required by the City Engineer.
d. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway
approach.
e. Installation of City approved trees, tree wells and irrigation as required by the City
Engineer.
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f. Installation of new streetlight, conduits, conductors and related facilities in
accordance with the City of Campbell's Street Lighting Policies.
g. Installation of traffic control, stripes and signs.
h. Construction of conforms to existing public and private improvements, as
necessary.
40. Additional Street Improvements: Should any new utility main lines or other work
required to service the development affects any street improvements, the City may add
conditions to the development/project, at the discretion of the City Engineer, to restore
pavement or other street improvements to the satisfaction of the City.
41. Occupancv: Prior to allowing occupancy for any and/or all buildings, the applicant shall
have the required street improvements installed and accepted by the City, and the
design engineer shall submit as-built drawings to the City.
42. Maintenance of Landscaping: Current and future owner(s) are required to maintain the
landscaped park strip in the public right-of-way. This includes, but is not limited to:
trees, lawn, plantings, irrigation, etc. Trees shall not be pruned in a manner that would
not allow the tree to grow to a mature height.
43. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and
sewer cleanout(s) shall be relocated or installed on private property behind the public
right-of-way line.
44. Utilities: All new on-site utilities shall be installed underground per Section 21.18.140
of the Campbell Municipal Code for any new or remodeled buildings or additions.
Applicant shall comply with all plan submittals, permitting, and fee requirements of the
serving utility companies. It shall also be the responsibility of the applicant to pay any
required utility fees, obtain utility permits and approval for any and all required utility
work in the pubic right of way.
45. Utilitv Coordination Plan: Prior to issuance of building permits for the site, the applicant
shall submit a utility coordination plan and schedule for approval by the City Engineer
for installation and/or abandonment of all utilities. The plan shall clearly show the
location and size of all existing utilities and the associated main lines; indicate which
utilities and services are to remain; which utilities and services are to be abandoned,
and where new utilities and services will be installed. Joint trenches for new utilities
shall be used whenever possible.
46. Pavement Restoration: Based on the utility coordination plan, the applicant shall
prepare a pavement restoration plan for approval by the City Engineer prior to any
utility installation or abandonment. Streets that have been reconstructed or overlaid
within the previous five years will require boring and jacking for all new utility
installations. Winchester Boulevard was overlaid in 2002. Latimer Avenue was overlaid
in 1998. The pavement restoration plan shall indicate how the street pavement shall be
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restored following the installation or abandonment of all utilities necessary for the
project
47. Gradinq and Drainaqe Plan: Prior to issuance of any grading or building permits for the
site, the applicant shall conduct hydrology studies based on a ten-year storm
frequency, prepare an engineered grading and drainage plan, and pay fees required to
obtain necessary grading permits. The plans shall comply with the 1998 edition of the
California Building Code including Chapters 10, 11, 18, 33, and Appendix Chapter 33.
48. Storm Drain Area Fee: Prior to issuance of any grading or building permits for the site,
the applicant shall pay the required Storm Drain Area fee for Commercial/Retail land
use.
49. Storm Water Pollution Prevention Measures: Prior to issuance of any grading or
building permits, the applicant shall comply with the National Pollution Discharge
Elimination System (NPDES) permitting requirements, the California Storm Water Best
Manaqement Practices Handbook prepared by the Storm Water Quality Task Force,
Santa Clara Valley Water District requirements, and the City of Campbell Municipal
Code regarding storm water pollution prevention.
The City will provide the applicant with information to assist in complying with this
condition of approval. The primary objective is to improve the quality and reduce the
quantity of storm water runoff to the Bay.
PASSED AND ADOPTED this 26th day of August, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Alderete, Doorley, Ebner, Gairaud and Roseberry
None
Gibbons and Rocha
None
APPROVED:
Bob Roseberry, C ir
ATTEST: d~ J~
,
Sharon Fierro, Secretary