Disallowed use of banquet facilities - 2017Community Development Department
via electronic mail and LISPS
January 23, 2017
Eden Church
c/o Daniel Atondo, Pastor
155 East Campbell Ave.,, Ste. 200
Campbell, CA 95008
Villa Ragusa
c/o Hilary Carpeneti, Event Manager
35 South 2nd Street
Campbell, CA 95008 -
Re: File No: PLN2012-172 / UP 98-01
Address: 35 S. Second Street
Subject: City V~Iarning Notice
Dear Daniel and Hilary,
As we have discussed over the last week, the Community Development Director has determined
that the continued and repeated leasing of banquet space by Villa Ragusa to Eden Church
constitutes unpermitted establishment of a "public assembly" use. This action has resulted in a
violation of Campbell Municipal Code Section 21.03.020.D, which requires continued
compliance with all Conditions of Approval imposed by a land use permit. This letter is intended
to explain the basis of this determination and what corrective actions may be taken to resolve this
matter.
Determination:
The Campbell Municipal Code defines "banquet facility" as follows:
"Banquet facilities" means a facility or hall available for lease by private parties and engaged in providing
single event-based food services (e.g., graduation parties, wedding receptions, business or retirement
luncheons, trade shows, etc.) The facility may have equipment and vehicles to transport meals and snacks
to events and/or prepare food at an off-premise site. Banquet halls with catering staff are included in this
industry. Does not include restaurants ("Restaurants").
This definition specifies that the principal purpose of a banquet facility is to provide event space
available for rent for the purpose of hosting private parties and events, commonly in association
with food service.
Warning Letter -Eden Church Pg. 2
In comparison, a "public assembly" use, as defined below, is intended to provide meeting space
for gatherings of people engaged in various civil, education or religious activities. Eden
Church-a self-acknowledged religious institution-is a "public assembly" use under this .
defmition:
"Public assembly uses" means a facility or place where groups of people gather for civic, educational,
political, religious, or social purposes. "Public assembly uses" include the following:
1. Auditoriums;
2. Conference centers;
3. Convention and exhibition hall's;
4. Lecture halls;
5. Meeting halls; .
6. Religious institutions.
Does not include banquet facilities ("Banquet Facilities"), movie theaters, performing
arts theaters, or concert halls ("Theaters, Movie or Performing Arts, and Concert Halls").
Also does not include "Adult Oriented Businesses." Public assembly uses shall comply
with the provisions of Section 21.36.170.
As the definition for "public assembly" specifically excludes "banquet facilities," (as bolded,
above) the Campbell Municipal Code creates a mutually exclusive distinction between these two
land uses. Since Condition of Approval No. 1, bolded below, of Villa Ragusa's Modified
Conditional Use Permit (PLN2012-172)-approved by Planning Commission Resolution No.
4082-specifically prohibits any activity inconsistent with the definition of a "banquet facility,"
the leasing of banquet space to Eden Church-a "public assembly" use-is not permitted.
Approved Proiect: Approval is granted for a Use Permit to allow extended hours of operation and on-
sale general liquor services for a restaurant and a banquet hall facility, live entertainment and dancing
limited to the banquet hall facility, and establishment of a microbrewery solely in conjunction with the
restaurant use for the development to be located on property at 35 South Second Street / 200 East
Campbell Avenue. The uses shall comply with the project description as submitted by the applicant '
except as herein modified by the conditions of approval. The approved banquet hall facility is a
"full-time" 'banquet facility' as defined by Campbell Municipal Code Section 21.72.020.B.
Activity inconsistent with this definition is prohibited.
Required Action:
This matter may be resolved by submittal of an application to modify the Conditional Use Permit
to specifically allow "public assembly" activity within Villa Ragusa's banquet space. Please see
the attached application packet for a detailed listing of the necessary submittal requirements.
However, please note that submittal of an application does not guarantee approval by the
Planning Commission nor support by Planning Division staff. To avoid formal enforcement
action, an application must be submitted no later than Apri13, 2017. Alternatively, the lease with
Eden Church may be terminated with written confirmation provided to the City by this same
date.
If you feel that the City's determination, as described in this letter, is an incorrect interpretation
of the Campbell Municipal Code, you may file an appeal pursuant to Campbell Municipal Code
Sections 21.02.030.E (Appeals) and 21.62 (Appeals from administrative decisions), within ten
(10) days of this letter (no later than March 6, 2017). An appeal must be submitted in writing to
the Community Development Department and be accompanied with a $200 appeal fee.
70 North First Street • Campbell, CA 95008-1423 • TEL (408) 866-2140 • Fnx (408) 866-5140 • E-MAIL planning@cityofcampbell.com
f
Warning Letter -Eden Church Pg. 3
Should you have any question, I may be contacted at (408) 866-2193 or by email
danielf c(~,cityofcampbell.com.
Sincerely,
~~
Daniel Fama
Senior Planner
encl: PC Resolutions No. 3160 and 4082
Conditional Use Permit Application
cc: Paul Kermoyan, Community Development Director
Chazlotte Andreen, Code Enforcement Officer
Dubrovnik Properties, LLC, 946 Stanley Ave., Los Altos, CA 94024-5067
Nick Gera, 100 S. Murphy Ave., #102, Sunnyvale, CA 94086
Laserfiche
70 North First Street • Campbell, CA 95008-1423 • TEL (408) 866-2140 • FAx (408) 866-5140 • a-NtArL planning@cityofcampbell.com
RESOLUTION N0.4083
-,
BEING A RESOLUTION OF' THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A MODIFICATION OF A
PREVIOUSLY APPROVED CONDITIONAL USE PERMIT (UP
98-01) TO ALLOW NEW YEAR'S EVE EVENTS UNTIL 1 AM
-AND TO FORMALIZE ALLOWANCE OF LIVE ENTERTAINMENT
FOR AN EXISTING BANQUET HALL FACILITY ON PROPERTY
LOCATED AT 35 S: SECOND STREET / 200 E. CAMPBELL
AVENUE. FILE NO: PLN2012-172
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 PLN2012-172:
1. The project site is located at the southwest corner of South Second Street and East
Campbell Avenue. The site is developed with a two-story commercial building
accommodating a restaurant/brewery (Sonoma Chicken Coup/Campbell Brewing
Company) and the Villa Ragusa banquet hall.
2. The project site is zoned C-3 (Central Business District) and designated Central
Commercial by the General Plan Land.
3, Late night hours of operation and five entertainment within an existing banquet hall facility
is consistent with the Central Commercial General Plan land use designation and the C-3
(Central Business District} Zoning District with approval of a Conditional Use Permit.
4. The project site was developed pursuant to Site and Architectural Review Permit (S 98-
01)and Conditional -Use Permit (UP 98-01).
5. Live entertainment for the on=site restaurant use was granted by Conditional Use
Permit PLN2002-90 and is unaffected by the proposed modification.
6. Live entertainment shall be limited to disk jockeys and bands providing entertainment in
conjunction with and ancillary to events within the banquet hall facility.
7. Live entertainment within the banquet hall facility is consistent with the guidelines of the
Downtown Development Plan.
~,
8. The proposed project is compatible with the surrounding commercial and residential
uses within the neighborhood:
9. Current hours of operation are. from 8 AM to 11 PM Sunday through Thursday and 8
AM to 12 AM, Friday, Saturday and holidays. The proposed modification would allow
an extension of hours of operation until 1 AM, for New Year's Eve.
10. The proposed modification does not affect the parking usage or capacity of the
project site.
Planning Commission Resolution No. 4083 Page 2
PLN2012-172 - 35 S. Second St. / 200 E. Campbell Ave. -Modification
11. The Police Department has no objections fo the proposed project.
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 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.
3. The proposed use is compatible with the uses in the area.
4. 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. .
5. The subject site is adequately served by streets of sufficient capacity to carry the kind
and quantity of traffic such use would generate.
6. 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.
7. Categorically Exempt under 15301 Class 1 of the California Environmental Quality Act
(CEQA) pertaining to minor alterations to an existing ~ private structure, involving
negligible. or no expansion of use beyond that existing at the time of the lead agency's
determination.
THEREFORE, BE IT RESOLVED the Planning Commission approves a Modifcation
(PLN2012-172) of a previously approved Conditional Use Permit (UP 98-01) for an
existing banquet hall facility on property located at 35 S. Second St. ! 200 E. Campbell
Ave., subject to the attached Modified Conditions of Approval (attached. Exhibit"A").
PASSED AND ADOPTED this 11th day of September, 2012, by the following roll call vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
Resnikoff, Reynolds, Finch, and Roseberry
Gibbons, Brennan
None
Razumich
L'
APPROVED:
Phillip C. Reynolds, Chai
ATTEST:
Paul Ker oyan, Secretary
Modified Conditions of Approval Exhibit A
Modification of a Conditional Use Permit (UP 98-01)
PLN2012-172 - 35 S. Second St. / 200 E. Campbell Ave.
All conditions of approval for Conditional Use Permit UP 98-01, included in Planning
Commission Resolution No. 3160, shall remain in full force and effect, except as modified
herein. Where applicable, the conditions of approval modified herein shall supersede
those duplicated by Planning Commission Resolution No. 3159. Removed text is shown in
st~ilEee~+t and new text underlined.
Approved Project: Approval is granted for a Use Permit to allow extended hours of
operation and on-sale general liquor services for a restaurant and a banquet hall
facility, live entertainment and dancing limited to the banquet hall facility, and
establishment of a microbrewery solely in conjunction with the restaurant use for the
development to be located on property at 35 South Second Street / 200 East Campbell
Avenue. The uses .shall comply with the project description as submitted by the
applicant except as herein modified by the conditions of approval. The approved
banquet hall facility is a "full-time" 'banquet facility' as defined by Campbell Municipal
Code Section 21 72.020:6. Activity inconsistent with this definition is prohibited.
5. Hours of Operation:
a. The hours of operation for the restaurant/brewery shall be limited to:
Monday -Saturday 8:00 a.m. to 2:00 a.m.
& Holidays
Sunday ~ 8:00 a.m. to 12:00 a.m.
b. The hours of operation for the banquet hall facility shall be limited~a: as follows.
.Preparation and clean-up activities shall be limited to two hours prior to and one
hour after the hours of operation.
Sunday -Thursday 8:00 a.m. to;11:00 p.m.
Friday -Saturday 8:00 a.m. to 12:00 a.m.
& Holidays -
December 31St 8:00 a.m. to 1:00 a.m.
(New Year's Eve) -
13. Garbage Collection: Trash containers of a size and quantity necessary to serve new or
modified building areas shall be located in areas approved by the Fire Department.
Unless otherwise noted, enclosures, shall consist of a concrete floor surrounded by a
solid wall or fence and have self closing doors of a size specified by the Fire
Department. All enclosures to be constructed at grade level and have a level area
adjacent to the trash enclosure area to service those containers.
All trash normal clean up carpet cleaning etc. shall not be done in the late evening or
early morning hours. All clean up and trash collection shall be done between 7:00 a.m.
'~ and 11:00 p.m. daily. Refuse and recycling containers shall be kept in the enclosure at
all times except when being emptied by collection personnel.
Modified Conditions of Approval
Modification of a Conditional Use Permit (UP 98-01)
PLN2012-172 - 35 S. Second.St. / 200 E. Campbell Ave.
Paae 2
19. Live Entertainment and Dancing
.Live
entertainment and dancing for the banquet hall facility is permitted subject to the
following restrictions: _
a. The applicant shall process a Live Entertainment Permit with the Police
Department consistent with Chapter 5 24 of the Campbell Municipal Code.
b. Live entertainment shall be limited to disk jockeys and bands providing
entertainment in conjunction with and ancillary to events held within the banquet
hall facility.
c. Amplified music is subject to the noise management restrictions provided for in
Condition of Approval No. 9.
d. Live entertainment shall be arranged and paid for by clients of the banquet hall
facility. ,
20. Training for All New Event Manager(s): Each time a new event manager assumes
responsibility for the banquet hall facility said manager shall contact the Community
Development Department within their first month to schedule an orientation meeting
with City staff to become familiar with the specific conditions of approval in place for
this facility. -
***
>~.S~LUT>i®N N0.3a50
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL, USE PERMIT TO
ALLOW EXTENDED HOURS OF OPERATION AND ON-SALE.
GENERAL LIQUOR SERVICE ON PROPERTY LOCATED 200 E.
CAMPBELL AVENUE 1N A C-3-S (CENTRAL BUSINESS DISTRICT)
ZONING DISTRICT CONTINGENT UPON THE APPROVAL OF . A
PARKING ADJUSTMENT BY THE CITY COUNCIL. APPLICATION OF
MR. NICK GERA, ON BEHALF OF STODDARD'S BREWERY &
EATERY. FILE NO. UP 98-01.
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 UP 98-01:
1. The proposed late night hours of operation and on-sale general liquor service for the
proposed restaurant/brewery and banquet hall facility uses are consistent with the commercial
land use of the General Plan and the C-3-S (Central Business District) zoning designations
for the site.
2. The proposed micro-brewery shall only be established. for the primary full-service restaurant
in conjunction with the on-sale liquor service for the restaurant.
3. The on-sale general liquor licenses for the restaurantlbrewery and banquet hall are incidental
uses to the primary full-service restaurant and banquet facility uses and are not anticipated to
interisify the primary uses.
4. The proposed hours of operation for the restaurant/brewery is:
' Monday -Saturday 8:00 a.m. to 2:00 a.m.
& Holidays .
Sunday 8:00 a.m. to 12:00 a.m.
5. The proposed hours of operation for the banquet hall facility is:
- Sunday -Thursday 8:00 a.m. to 11:00 p.m. .
Friday -Saturday 8:00 a.m. to 12:00 a.m.
& Holidays
6. The proposed operating hours of the restaurant/brewery. and banquet hall facility are
consistent and similar to operating hours of other restaurants.within the City.
7. The proposed restaurant/brewery and banquet hall facilities, subject to the conditions of ~'
approval, with late night hours, of operation and on-sale general liquor service is compatible
with the surrounding neighborhood.
Planning Commission P.esolution No. 3160
UP 98-01 - 200 E. Campbell Avenue - Stoddard's Brewery & Eatery
Page 2
8. The restaurantlbrewery and banquet hall facility with the late night hours of operation and
incidental on-sale general liquor service, will not create a nuisance due to noise, litter,
vandalism, traffic or other factors, subject to the conditions of approval.
9. The restaurant/brewery and banquet hall facility, with late night hours of operation and
incidental on-sale general liquor service, will not significantly disturb the peace and
enjoyment of nearby residential neighborhoods, subject to the conditions of approval.
10. The restaurant/brewery and banquet hall facility, with late night hours of .operation and
incidental on-sale general liquor service, will not significantly increase the demand on city
services, subject to the conditions of approval.
11. The resfaurant/brewery and banquet hall facility, with late night hours of operation and
incidental on-sale general liquor service, will not result in anover-concentration of such uses
in the area.
12. An initial study was prepared for this project which concludes that there are no significant
environmental impacts with the development of this .project. Consequently, a Negative
Declaration has been prepared for this project.
13. The restaurant portion of the building will be limited to a maximum seating capacity of 255
persons and the banquet hall portion of the building will be limited to a maximum seating
capacity of 600 persons.
14. The proposed project will provide 50 on-site parking spaces (60 on-site spaces with valet
service) and additional on-street and off-site parking spaces to adequately accommodate both
the restaurant and the banquet hall facility uses. _ _
15. The on-site parking spaces alone will not accommodate needs for the restaurant and banquet
facility as required for Parking Zone 2 of the C-3-S zoning regulations; however, a parking
management plan has been provided which indicates a procedure to facilitate parking demand
for the project by a combined use of off-site and available on-street parking spaces.
16. Approval of the parking management plan by the City Council as a request for a parking
adjustment will allow compliance of the project with the parking regulations of the C-3-S
zoning ordinance.
17. Adequate circulation will be provided on the site and surrounding the site to adequately
accommodate the estimated traffic associated with the project.
PlarLr~ing Commission Resolution No. 3160
UP 98-01 - 200 E. Campbell Avenue - Stoddard's Brewery & Eatery
Page 3
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that
1. The proposed project will aid in the enhancement and the harmonious development of the
immediate area. 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.
2. The proposed site is adequate in size and shape to accommodate the proposed uses and the
surrounding uses in the area, subject to the conditions of approval.
3. The proposed project is adequately served by streets of sufficient capacity to carry the kind
and quantity of traffic such uses would generate, subject to the conditions of approval.
The applicant is hereby notified, as part of this application, that he/she is required to meet the
following conditions in accordance with the ordinance of the City of Campbell and the State of
California. The lead department with which the applicant will work is identified on each
condition where necessary. 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:
1. Approved Project: Approval is granted for a Use Permit to allow extended hours of
operation and on-sale general liquor services for a restaurant and 'a banquet hall facility, and
establishment of a microbrewery solely in conjunction with the restaurant use for the
development to be located on property at 200 East Campbell Avenue. The uses shall comply
with the project description as submitted by the applicant, except as herein modified by the
conditions of approval. -
2. ABC License: The applicant shall obtain any and all licenses/approvals as required from the
State of California Department of Alcohol and Beverage Control.
3. Business Operation: The applicant shall operate and maintain this use in a manner which is'
not objectionable, offensive, or incompatible with surrounding uses. The shall not create a
nuisance due to noise, litter, vandalism, traffic or other factors. Operation of this use in
violation of this approval or City of Campbell standards, codes and ordinances shall be.
grounds for revocation of this approval.
4. Seating Capacity: The maximum seating capacity of the banquet hall facility shall not
exceed 600 persons at any one time. The maximum seating capacity of the restaurantlbrewery
shall not exceed 255 persons at any one time. -
Planning Commission Resolution No. 31 b0
UP 98-01 - 200 E. Campbell Avenue - Stoddard's Brewery & Eatery
Page 4
5. Hours of Operation:.
a. The hours of operation for the restaurant/brewery shall be limited to:
Monday -Saturday 8:00 a.m. to 2:00 a.m.
& Holidays ~ --
Sunday 8:00 a.m. to 12:00 a.m.
b. The hours of operation for the banquet hall facility shall be limited to:
Sunday -Thursday 8:00 a.m. to 11:00 p.m.
Friday -Saturday 8:00 a.m. to 12:00 a.m.
& Holidays
6. Parking Management Plan: Parking to accommodate both the restaurant/brewery and
banquet hall facility shall comply with the attached Parking Management Plan prepared by
the Campbell Redevelopment Agency staff, dated Apri124, 1998. There will be a minimum
of 50 on-site parking spaces (60 on-site spaces using valet service) for -the building which
shall be provided for use by customers of the restaurant. Employees of the
restaurant brewery and the banquet hall facility shall not be permitted to park on residential
streets. Operators of the banquet hall facility shall comply with the attached Parking
Management Plan for use of the banquet hall facility and shall require that:
a. Use of the City's public First Street parking garage for banquet events shall be restricted-
to the following hours:
Monday -Thursday 5:30 p.m. to 11:30 p.m.
Friday 5:30 p.m. to 12:30 a.m.
Saturday . 8:00 a.m. to 12:30 a.m.
Sunday 8:00 a.m. to 11:30 p.m.
Holidays 8:00 a.m. to 12:30 a.m.
b. For any event that exceeds 250 persons, the operator of the banquet hall facility shall
provide a minimum 60-day notice to the Community Development Director which
includes the time, day, pazking and transport plan for the event. The .Community
Development Director, upon recommendations from the Chief of Police and Traffic
Engineer, shall respond to the adequacy of the plan within ten (10) days.
c. There shall be parking and traffic control at the First Street Public Parking Garage for any
banquet event that exceeds 250 persons as required by the Chief of. Police. This may
include a uniformed police officer directing traffic, if deemed necessary by the Chief of
Police, to keep exiting traffic out of residential areas.
d. A fee shall not be charged for use of the valet and/or shuttle parking services.
Planning Comrr~issior~ Resolution Nc. 3160
UP 98-01 - 200 E. Campbell Avenue - Stoddard's Brewery & Eatery
Page 5
e. .Use of the Campbell Community Center parking facilities is limited to a maximum of
100 parking spaces at the Campbell Avenue parking lot to be used for the banquet hall
use during weekday hours between 8:00 a.m. and 5:30 p.m. with prior. written approval
from either the Director of Community Services and Recreation or the City Manager.
f. Written requests for permission to use parking at the Community Center must be received
a minimum of 30 days in advance for use of 50 parking spaces or less, and a minimum of
60 days in advance for use of more than 50 parking spaces. Request shall be addressed
to:
Director of Recreation and Community Services
Recreation and Community Services
1 West Campbell Avenue #C31
Campbell, CA 95008
g. Use of Community Center parking for banquet use is prohibited weekdays after 5:30 p.m.
and on weekends.
h. The City reserves the right to deny the use of the Community Center parking ~ at its
discretion if it disrupts the operation, function, management or use of the Community
Center as determined by the City Manager and/or the Director of Community Services
and Recreation.
i. The applicant shall enter into a parking agreement with the City that identifies the terms
and conditions under which the Community Center parking maybe used. This agreement
must be executed prior to the issuance of a certificate of use and occupancy for the
banquet facility.
j. Valet parking will be used in association with both Downtown parking facilities and
Community Center parking.
k. Shuttle or passenger buses must be used to shuttle banquet users between the Com'Imunity
Center and the banquet facility when the Community Center parking lot is being used.
1. All contracts for banquet facility users shall include a map and instructions for designated
parking areas and proper use and location of valet and shuttle bus services. The map
shall identify the residential streets where parking and through-traffic is prohibited.
m. Proof of automobile insurance for shuttle and valet vehicles shall be provided and
liability insurance shall be provided as required by the City for use of public parking
facilities.
Planning Commission Resolution No. 3160 ~ - ~ .
UP 98-01 - 200 E. Campbell Avenue - Stoddard's Brewery & Eatery
Page 6
7. Modification to the Parking_Management Plan: Minor modifications to the approved Parking
Management Plan relating to the number of spaces and location of parking spaces may be
approved by the Community Development Director. The Community Development Director
shall make the determination as to whether a proposed modification is consider a minor or
major modification. Approval of any major modification to the Parking Management Plan as
determined by the Community Development Director and/or any appeal of the Planning .
Director's determination of the Parking Management Plan shall be made to the City Council.
8. Parking and Driveways: All parking and driveway areas shall be developed in compliance
with Chapter 21.50 of the Campbell Municipal Code, except as may be modified by the
Parking Management Plan and approved by the City Council for a parking adjustment.
9. Noise:
a. Exterior Doors: All doors providing access from the banquet facility to the exterior of the
building shall be self-closing doors and shall not be propped open during banquet facility
events. All doors located on the south elevation of the building facing Orchard City Drive
shall be used for exiting purposes only and shall be kept closed at all times, except for
emergency purposes.
b. Nighttime Exiting;, Occupants of the building during nighttime hours after 9 p.m. shall be
required to exit the building from the entrance of the banquet hall and/or restaurant along
Second Street and/or E. Campbell Avenue.
c. Noise Standard: Any noises, sounds, andlor voices, including but riot limited to amplified
sounds, loud speakers, sounds from microphones, audio sound systems, music, and/or
public address system, generated by uses within the building shall not be audible to a
person of normal hearing acuity from any residential property located south of Orchard
City Drive. _
d. Noise Mana eg ment: In the event complaints are received by the City regarding noise, the
Community Development Director, upon confirmation that the noises are generated by
.uses in the building, may limit the operational hours of the uses within the building
and/or may require a Noise Management Plan to be submitted by the applicant consisting
of an acoustical study by a qualified acoustical engineer for recommendations to attenuate
the noise. The Noise Management Plan shall require implementation of the mitigation
measures as determined in the acoustical study to comply with the noise conditions as
herein included in these Conditions of Approval. Actions by the Community
Development Director may be appealed to the Planning Commission, but the reduced
hours for either the restaurant/brewery and/or banquet facility shall be effective
immediately upon notification by the Community Development Director.
Planning Commissicr. Resolution No. 3150
UP 98-01 - 200 E. Campbell Avenue - Stoddard's Brewery & Eatery
Page 7
e. Construction: The applicant shall incorporate construction methods and/or materials for
the construction of the building to provide sound attenuation for the building. Such
methods may include the use of sound baffling insulation, double-paned windows,
acoustical ceiling and flooring material and other state-of--the-art acoustical construction
. technology.
f. Exterior Speakers: No audio sound system, music, public address system or speakers are
permitted outside of the building.
10. Recordation of Conditions of Approval: A deed restriction containing all conditions of
approval shall be recorded with the Santa Clara County Recorder's Office and shall bean on-
going obligation of the business owner(s) and property owner(s).
l 1. Notification of Conditions of Approval: The applicant shall be responsible for providing all
primary persons. reserving and/or using the banquet facility with notification of the conditions
of approval pertaining to noise and operation of the facility prior to the occurrence of the
event to be held at the banquet facility. Such conditions of approval pertaining to noise and
operation of the facility shall also be conspicuously posted within the banquet facility.
12. On-site Li~hting_ On site lighting shall be shielded away from residential uses. Details of .
project lighting shall be approved by the Planning Department prior to issuance of building
permits. .
13. Garbage Collection -Trash containers of a size and quantity necessary to serve new or
modified building areas shall be located in areas approved liy the Fire Department. Unless
otherwise noted, enclosures, shall consist of a concrete floor surrounded by a solid wall or
fence and have self-closing doors of a size specified by the Fire Department. All enclosures
to be constructed at grade level. and have a level area adjacent to the trash enclosure area to
service these containers.
14. Disabled Accessibility -All new and remodeled buildings shall provide disabled access in
accordance with the Uniform Building Code (UBC), and the Uniform Federal Accessibility
Standards (UEAS) and the Federal Americans with Disabilities Act (ADA).
15. Adjustment in Parking Standards: The applicant shall obtain an adjustment in the parking
standards by the City Council consistent with the requirements of the C-3-S (Central
Business District) zoning district prior to issuance of building permits.
Planning Commission Resolution No. 3160
UP 98-01 - 200 E. Campbell Avenue - Stoddard's Brewery & Eatery
Page 8
16. Outdoor seating: Outdoor seating shall only be permitted for the restaurant use. No outdoor
seating is permitted for the banquet hall facility. Outdoor seating for the restaurant shall
comply with Chapter 21.26.020 Section 4 A and B of the Campbell Municipal Code. Hours
of operation for use of the outdoor seating area shall be allowed until 12 a.m.
17..Com~laints: The applicants and/or operators of the restaurantlbrewery and banquet hall
facility shall operate and maintain the uses in a manner which is not objectionable, offensive,
or incompatible with surrounding uses. In the event that complaints are received regarding
noise, litter, vandalism, traffic or other such factors associated with a late night operation, the
Community Development Director may limit the operational hours of the proposed use. This
action may be appealed to the Planning Commission, but the reduced hours for either the
restaurant/brewery and/or banquet facility shall be effective immediately upon notification by
the Community Development Director. The applicant shall sign an agreement
acknowledging this restriction on operational hours.
18. Building Code Compliance: The approved project must comply with all applicable Building
Codes as determined by the Campbell Building Official and as required by the Uniform
Building Code.
19.. Live Entertainment Permit: Applicant shall be required to obtain all necessary City permits
prior to incorporating live entertainment at this location in compliance with the C-3-S
(Central Business District) Zoning requirements.
PASSED AND ADOPTED this 28~' day of April, 1998, by the following roll call vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
A
Francois, Gibbons, Jones, Kearns, Lindstrom, Lowe,.
Meyer-Kennedy
None
None
None
APPROVED
Dennis ,owe, Chair
asecki, Secretary