CC Resolution 11058
RESOLUTION NO.
110"iR
A Resolution of the City Council of the City of Campbell Authorizing the City Attorney to
Execute a Stipulation that BP West Coast Products will not be Deemed to have Waived
its Rights to Contest the Necessity of Obtaining a Conditional Use Permit for Late Night
Activities at the ARCO Station at 1860 W. Campbell Avenue
WHEREAS, on July 26, 1983, the Campbell Planning Commission granted a conditional use
permit to operate a gas station and mini-market located at 1860 W. Campbell Avenue in a C-1
zoning district that did not specify the hours of operation;
WHEREAS, in 1993, the City enacted a requirement that uses that intending to operate
between the hours of 11 :00 p.m. and 6:00 a.m. in commercial zoning districts needed to obtain
a conditional use permit, which requirement is still in place;
WHEREAS, on April 3, 2001, the City Council adopted Ordinance 2002, which amortized all
non-conforming late night uses in commercial zoning districts over a period of twenty-four (24)
months, ending the non-conforming status of these "grandfathered" uses as of May 3, 2003, and
requiring that they obtain a conditional use permit;
WHEREAS, the City contends that the property at 1860 W. Campbell Avenue must obtain a
conditional use permit to operate any business between the hours of 11 :00 p.m. and 6:00 a.m.;
WHEREAS, BP West Coast Products disputes the City's position, but is willing to pursue an
application for a conditional use permit for late night activities if the City will stipulate that BP's
right to object to the necessity of the use permit will not be prejudiced;
NOW, THEREFORE, BE IT RESOLVED that the City Attorney is hereby authorized to
execute a stipulation that neither BP West Coast Products nor its franchisee will be waiving any
rights that they may possess to object that they do not require a new use permit for the late
night activities at 1860 W. Campbell Avenue, in such language as the City Attorney finds
acceptable and appropriate.
PASSED AND ADOPTED this 7th day of July by the following roll call vote:
AYES:
Councilmembers: Furtado, Baker, Low, Kennedy
NOES:
Councilmembers: None
ABSENT:
Council members: Kotowski
ABSTAINING: Councilmembers:
APPROVED:
ATTEST: