PC Res 3947CITY of CAMPBELL
Community Development Department
February 10, 2011
Re: File No: PLN2009-004
Address: 49 W. Hamilton Avenue
Application: Conditional Use Permit (24 hour Operations)
Planning Commission Resolution #3947 is void due to the applicant's failure to comply with the
Conditions of Approval within a one year period ending May 28, 2010. Therefore, the previous
operational hours set forth with the original Use Permit (UP76-13) and Resolution #2853 for the
Modification of the previously approved Conditional Use Permit (M93-06) are still iri effect.
Sincerely,
Steve Prosser
Associate Planner
cc: File
70 North First Street Campbell, California 95008-1423 • TEL 408.866.2140 FAX 408.871.5140 n>D 408.866.2790
RESOLUTION NO. 3947
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE
PERMIT (PLN2009-04) TO ALLOW 24-HOUR OPERATION AT AN
EXISTING BURGER KING FAST FOOD RESTAURANT WITH AN
EXISTING DRIVE THROUGH COMPONENT ON PROPERTY
OWNED BY MR. ALBERT TUNG LOCATED AT 49 W. HAMILTON
AVENUE IN A C-2-S (GENERAL COMMERCIAL) ZONING
DISTRICT. APPLICATION OF MS. MYRNA SCHULTZ, ON
BEHALF OF STRATEGIC RESTAURANTS ACQUISITION
COMPANY II, LLC. FILE NO.: PLN2009-04.
After notification ar~d 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 respec~ to app~ication PLN2009-04:
1. The proposed operational hours and .ate night activities in conjunction with a fast food
restaurant are consistent with the General Commercial General Plan land use
designation.
2. The proposed oper~~tiortial hours and late night activities for a fast food restaurant will be
compatible wit~^ ~h~; C-2-S (General Commercial) zoning designation with approval of a
Conditional Use r'ermit.
3. The projec~~ s;tc r;cn~ists of a 3,755 s:~uare foot restaurant with drive through service on
a .89 acre site that was originally constructed in 1976.
4. The project siie is located on the north side of West Hamilton Avenue at the northwest
corner of 'W. Hamilton Avenue and Winchester Boulevard. The property is surrounded
by commercial uses to the east, west and south and commercial/residential uses to the
north.
5. 'The proposed pr~~jacc ~s consistent with other commercial developments and uses in the
surrounding area.
6. No exterior rnotilr"~catiuns to the buiidirig are proposed in conjunction with the proposed
late night activities.
7. The Police Department has not expressed a concern with the proposed project.
Planning Commission Resolution No. 3947
PLN2009-04 - 49 W. Hamilton Avenue -Use Permit - 24 Hour Operation -Burger King
Page 2
8. The hours of operation shall be restricted to:
a) Outdoor actin-ities (e.g., parking lot cleaning, trash pick-up, staff use of dumpsters,
parking lot sweeping and deliveries) shall be limited to 6:00 a.m. to 10:00 p.m.
b) Restaurant operation is permitted on a 24 hour basis.
c) The use of the drive through shall be limited to the hours of 7:00 a.m. to midnight
daily.
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 ;urEgoir~g findings of fact, the Planning Commission further finds and
concludes that:
1. ~T~he proposed project Is cor3sistent with the General Plan.
2. The Nroposed 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 tl~e MuniclNal Code.
3. The proposed site is adequate in terms of size and shape to accommodate the fences
and uvalls, lanascap~rig, parking and loading facilities, yards, and other development
features required in order to integrate the use with uses in the surrounding area.
4. -~ rre p~~o,~osec 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. ~Y~ne design, location, size, and operating characteristics of the proposed use are
compatible uvl't; ~ 'she existing and future land uses on-site and in the vicinity of the
subject property.
6. l~he astablisrtrr~enfi, n~air,tenance, or operation of the proposed use at the location
proposed wig, r-ti~t k,a 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 detrlrrirntal or injurious to property and improvements in the neighborhood or
to the general welfare of the City.
7. -~~-,~~e establishr~i~:r~t a restaurant use on a 24 hour basis will not result in an over
concet~tratior~ oti~ such uses irr the area.
8. The establishment of a restaurant on a 24-hour basis will not create a nuisance due to
I-tter, noise, trat~i~:C, varidaiism, or other factors, with the adoption of the recommended
:;ondi~ions of Ap;~roval.
Planning Commission Resolution No. 3947
PLN2009-04 - 49 W. Hamilton Avenue -Use Permit - 24 Hour Operation -Burger King
Page 3
9. The establishment of a fast food restaurant on a 24-hour basis will not significantly
increase the demand on City services, with the adoption of the recommended
Conditions of Approval.
10. No substantial evidence has been presented which shows that the project, as currently
presented and subj.;ct to the required conditions of approval, will have a significant
adverse ;mpac! ~r; the environment.
11. There is a reasc~~~abie relationship and a rough proportionality between the conditions
of approval and the impacts of the project.
THEREFORE, BE 'T FESOLVEC that the Planning Commission approves a Conditional
Use Perrr~it (PLN2Q03-04) to allow 24-hour operation at an existing Burger King fast food
restaurant with an existing drive through component on property owned by Mr. Albert Tung
locat~~d at 4919E(. P.-lar~,~ilton Avenue in a C-2-S (General Commercial) Zoning District.
Wh~_r,~ approva! ".:,~ `he Director of Community Development, City Engineer, Public Works
Director, City Attorney or Fire Department is required, that review shall be for compliance
with as applicab;:: cor,~.itions of approval, adopted policies and guidelines, ordinances,
laws a ~~~ regulatio,~~s and accepted engineering practices for the item under review.
Additionally, the applicant is hereby notified that he/she is required to comply with all
applicab~e Codes or C~r~linances of the City or Campbell and the State of California that
pertain to this dewelopmerit and are not herein specified.
COi~`rMl;fvli'T"Y UE~i ~LGi~~VIciVT DEPARTMEWT
Plar~roir~~ ~1ivi5~ur,
Declaration v. Acceu~tance of All Conditions: Within thirty (30) days of Planning
~~omr~~ission a~,provdl, the applicant and property owner shall sign one (1) copy of the
subjecr Planni~.y Cr~mmission Resolution, incorporating the final approved set of
Conditions of A~>prova~. Until said Resolution is signed, the approved Modification to a
Nreviousiy appr~~~~cd Conditional Use Pen~i~± shall not be valid for any permits sought
from the City.
Acknowledged ~ Accepted:
i'Jlyrna Schult.?
,r-~Ibert i unc~
Date
Date
Planning Commission Resolution No. 3947
PLN2009-04 - 49 V!!. Hamilton Avenue -Use Permit - 24 Hour Operation -Burger King
Page 4
2. Approved ProLct: Approval is granted for a Conditional Use Permit (PLN2009-4) to
allow an existing fast food restaurant use (Burger King) with a drive through component
to be operated on a 24 hr. basis located at 49 W. Hamilton Avenue. The project shall
substantially conform to the plans received by the Planning Division on April 23, 2009,
and project description received on December 22, 2008, except as may be modified by
ire c~,nditi~ons c~ approval contained herein.
3. ~~anditional 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.
Failu.e to rneE;t tI';is dE~,dline will result in the Conditional Use Permit being void.
4. ;evocation o1` F'errnit: Operation of the use in violation of the Conditional Use Permit or
any standards, codes, or ordinances of tl-~e City of Campbell shall be grounds for
consideration of r~:wocation of the Conditional Use Permit by the Planning Commission.
~r~ ti~~a event complaints are received by the City regarding noise and regarding the
operation of the drive-through speaker system in violation of the approved Conditions of
nppioval, the Community Development Director may immediately modify the hours of
upera~rion and/ii f" prohibit business operations between the hours of 11:00 p.m. and 6:00
a.rn., subjeci tc .. is project being brought back to the Planning Commission for review.
5. Previous Conditions: All conditions of approval of the previously approved Conditional
~;se Nerrr~~ts (UP7~i-' 3 and 1193-06) as approved by Planning Commission shall remain
ii'. effec~ excE:ot as n-~odified herein.
6. ~3usiness Operational _~~iours: The hours of operation shall be allowed on a 24 hour
~a.~sis. Outdoor a~aivities (e.g. parking !ot c~eaning, staff use of dumpsters, trash pick-up
car sweeping ar~u Jeiiveries) shall be limited to 6:00 a.m. to 10:00 p.m. unless otherwise
r~:stricied by Ciiy f~lunicipal t;~de (e.g. power equipment}.
7. Property Maintenance: The owner/operator of the subject property shall maintain all
~~xErior areas ~>~~ the business free ~~roir graffiti, trash, rubbish, posters and stickers
piacea on the prr,pzrty.
8. Sig_n~~e: No slc~naae is approved as part of the development application approved
~h~~reit7. Ail s,g~ ~~a~iie s4-;~+ll be installeu and maintained consistent with the provision of
-~`-~c 5ign l:~rd~rtiar~cz. ~;I-~apte~ 2'1.3G of ti'~e Campbell Municipal Code.
9. ~.~cabiun of fJ_r~:~i idr•~icdl~ui r~ neat: No roof-mounted mechanical equipment (i.e. air
conditioning unit:,, ventilation ducts or vents), shall be added to the existing building
~rrifih.out pro~;ai:~c; s~::reenir~g of the mechanical equipment from public view and
:~u„~lur~din~~ ~:~r~:i:,~ercies. The screeni~~~g rn~,terial and method shall be architecturally
~.-.u~,~~pati'cIF v,,~i~'r~ ;'r~r. auilding and requires review and approval by the Community
!eve"opment L1irP~tor and Building Division prior to installation of such screening.
Planning Commission Resolution No. 3947
PLN2009-04 - 49 W. Hamilton Avenue -Use Permit - 24 Hour Operation -Burger King
Page 5
10. Loitering: There shall be no loitering allowed outside the business in the rear parking
lot or the side parking lot areas.
ll. Outdoor Storage: No outdoor storage is permitted on the subject property. No
equipment or materials shall be stored outside the building or within the parking lot.
12. 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 Management: In the event credible 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. Operation of Mechanical Equipment: Pursuant to the Campbell Municipal Code,
operation of power equipment (i.e. "power-washer"), shall be limited to the hours of
8:00 AM and 7:00 PM Monday through Friday, and between the hours of 9:00 AM
and 6:00 PM Saturday, Sunday and nationally recognized holidays.
d. Back Door: The back door to the business leading to the rear parking area shall be
closed at all times during business hours.
13. Trash & Clean Up: All trash, normal clean up, site cleaning, etc. shall not be done in
the late evening or early morning hours. All trash removal shall be done between 6:00
AM and 10:00 PM daily. In the event credible complaints are received by the City
regarding activity in violation of these hours, 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.
Possible relocation of the dumpster will be evaluated with a final location decision to be
subject to the approval of the Community Development Director.
14. Parking and Driveways: 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 prohibit parking to the west of the restaurant and
prohibit parking in the eight closest parking spaces to the right of the existing
trash enclosure by cordoning of the spaces and providing signage between the
hours of 10 p.m. to 6 a.m.
15. Fences/Walls: The existing perimeter fencing shared between the project site and the
adjacent residential property shall be replaced with a six foot tall concrete/masonry wall,
to the satisfaction of the Community Development Director. The perimeter fencing shall
comply with Section 21.18.120 of the Campbell Municipal Code requiring fences or
walls between differing Zoning Districts. The expanded hours will not become effective
Planning Commission Resolution No. 3947
PLN2009-04 - 49 W. Hamilton Avenue -Use Permit - 24 Hour Operation -Burger King
Page 6
until construction of this wall is complete. Prior to the construction of the wall, an
arborist's report will be secured that establishes the protection measures necessary to
protect the existing landscaping during the wall construction.
16. Drive Through Speaker System: The drive through shall not be operational from
midnight to 7 a.m. In the event that credible complaints are received by the City
regarding activity in violation of these hours, 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.
17.On-Site Lighting: All existing and new
Lighting Design Standards (CMC § 21
fixtures shall be reviewed and approved
to installation.
lighting shall conform to the City of Campbell
18.090). The design and type of new lighting
by the Community Development Director, prior
PASSED AND ADOPTED this 26th day of May, 2009, by the following roll call vote:
AYES: Commissioners: Gairaud, Gibbons, Rocha and Roseberry
NOES: Commissioners: Alster
ABSENT: Commissioners: Alderete and Ebner
ABSTAIN: Commissioners: None
APPROVED: ~ ~ ~ ~ ~:J~-`
Gibbons, Vice Chair
C-' ' ~
ATTEST: ~`~ ~~~ ~~JG~~~~~
Ciddy Wordell, cting Secretary