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Modification to UP - 2002 CITY oF CAMPBELL Community Development Department CAMPBELL September 26, 2002 Mr. Bob Stoddard Stoddard's Brewhouse and Eatery 200 E. Campbell Avenue Campbell, CA 95008 Re: PLN2002-90 - 200 E. Campbell Avenue - Use Permit for Live Entertainment Dear Applicant: Please be advised that at its meeting of September 24, 2002, the Planning Commission adopted Resolution No. 3457 granting a Conditional Use Permit (PLN2002-90) to allow live entertainment within an existing restaurant/brewery on the above-referenced property. This action is effective in ten calendar days, unless appealed in writing to the City Clerk by 5 p.m. on Friday, October 4, 2002. California Code of Civil Procedure, Section 1094.6, governs the time within which judicial review of this decision must be sought. If you have any questions, please do not hesitate to contact me at (408) 866-2140. Sincerely, Stephanie Willsey Planner I CC: Frank Mills, Building Department Lynn Penoyer, Public Works Chris Veargason, County Fire Campbell Ventures (Property Owner) 35 S. Second Street Campbell, CA 95008 70 North First Street · Campbell, California 95008-1436 - TEL 408.866.2140 · VAX 408.871 .5140 - TDD 408.866.2790 RESOLUTION NO. 3457 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2002-90) TO AI~I~OW LIVE ENTERTAINMENT WITHIN AN EXISTING RESTAURANT/BREWERY ON PROPERTY OWNED BY CAMPBELIJ VENTURES LOCATED AT 200 E. CAMPBELL AVENUE IN THE C-3-S (CENTRAL BUSINESS DISTRICT) ZONING DISTRICT. APPLICATION OF MR. BOB STODDARD, ON BEHALF OF STODDARD'S BREWHOUSE & EATERY. FILE NO. PLN2002-90. 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 PLN2002-90: The proposed live entertainment within an existing restaurant/brewery is consistent with the Central Commercial General Plan land use designation and the C-3-S (Central Business District) Zoning District with approval of a Conditional Use Permit. The proposed live entertainment within Stoddard's Brewhouse & Eatery is consistent with the guidelines of the Downtown Neighborhood Development Plan in that it supports a restaurant use in the downtown. 3. The proposed project is compatible with the surrounding commercial and residential uses within the neighborhood. The hours of operation for the live entertainment are limited to 9:00 p.m. to 1:30 a.m. Thursday through Saturday and on special occasions that may fall on other days (i.e. national holidays, downtown festivals). Special engagement dates shall not exceed 10 occasions in any calendar year. The existing 60 parking spaces (with valet service) and available on-street parking spaces within one block of the subject property will adequately address the parking needs of the proposed use. The surrounding uses consist of a parking garage to the north, single-family residential uses to the south along Orchard City Drive and a commercial office building to the west and to the east. The proposed live entertainment within an existing restaurant/brewery is compatible with the surrounding development and uses. 7. The Police Department has no objections to the proposed project. 8. The Redevelopment Agency has no objections to the proposed project. Planning Commission Resol,.,on No. 3457 PLN2002-90 - 200 E. Campbell Avenue Use Permit- Live Entertainment - Stoddard's Brewhouse & Eatery Page 2 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 and Zoning Ordinance. 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. 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. o 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. 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 (PLN2002-90) to allow live entertainment within an existing restaurant/brewery (Stoddard's Brewhouse & Eatery) on property owned by Campbell Ventures located at 200 E. Campbell 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. Planning Commission Resok.,on No. 3457 PLN2002-90 - 200 E. Campbell Avenue Use Permit-Live Entertainment - Stoddard's Brewhouse & Eatery Page 3 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division Approved Project: Approval is granted for a Conditional Use Permit (PLN2002-90) to allow live entertainment within an existing restaurant/brewery at 200 E. Campbell Avenue. The project shall substantially conform to the project exhibits listed below, except as may be modified by the Conditions of Approval contained herein. a. Project plans prepared by Bruno Marcelic, A.I.A. and received by the Planning Division on August 9, 2002, including a site plan and floor plans. b. Project description dated August 8, 2002. 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. Failure to establish such use within one year from the date of final approval 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. 4. Noise: ao 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 uses from the restaurant/brewery and live entertainment shall not be audible to a person of normal hearing capacity from any residential property. bo Noise Management: In the event complaints are received by the City regarding noise, the Community Development Director, upon confirmation that the noises are generated by the live entertainment, may immediately modify the hours of operation and/or prohibit the live entertainment, subject to the project being brought back to the Planning Commission for review. o Hours of Operation: The operational hours for the live entertainment shall be limited to 9:00 p.m. to 1:30 a.m. Thursday through Saturday and on special occasions that may fall on other days (i.e. holidays, downtown festivals). Special engagement dates shall not exceed 10 occasions in any calendar year. Planning Commission Resol~...on No. 3457 PLN2002-90 - 200 E. Campbell Avenue Use Permit- Live Entertainment - Stoddard's Brewhouse & Eatery Page 4 Building Division 6. Permits Required: A building permit application shall be required for the proposed modification to the existing commercial structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 7. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 8. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 inches by 36 inches. o 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. 10. Title 24 Energy Compliance: California Title 24 Energy Standards Compliance forms shall be blue-lined on the construction plans. Compliance with the Standards shall be demonstrated for conditioning of the building envelope and lighting of the building. 11. Special Inspections: When a special inspection is required by U.B.C. Section 1701, 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 U.B.C. Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 12. 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. 13. Title 24 Accessibility - 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. 14. Approvals Required: The project requires the following agency approvals prior to issuance of the building permit: a. Santa Clara County Fire Department b. Santa Clara County Department of Environmental Health Planning Commission Resol~..on No. 3457 PLN2002-90 - 200 E. Campbell Avenue Use Permit- Live Entertainment - Stoddard's Brewhouse & Eatery Page 5 Police Department 15. Live Entertainment Permit: The applicant shall process a live entertainment permit with the Police Department consistent with section 5.24.010 of the Campbell Municipal Code prior to the establishment of live entertainment on site. PASSED AND ADOPTED this 24th day of September, 2002, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Alderete, Francois, Gibbons, Hemandez, Jones and Rocha None Doorley None APPROVED: Tom Francois, Chair ATTEST: Sharon Fierro, Secretary Coun. IT of Santa Clara Qffice of the County Clerk-Recorder Cocfftty Government Center, E~st wing 70 we~t Hedding Street San Jos~. California 951 I 0 (408) 299-2481 'By X_]if DEPUTY _~U~-~ ~I'~ ~' *ENVIRONMENTAL DEC LARATIO ) NAME OF LEAD AGENCY: City' of Campbel! NAME OF APPLICANT: Bob Stoddar.d, Stoddard's Brewhouse & Eatery CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: SEP B 7 2002 ~B~RI~NDA DAVIS, Coun~terk-R3corder By ........ - Depu~ FILIN~I 04 ~[ 0 1. ( ) NOTICE OF PREPARATION --NO FEEm NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION --NO FEEm NOTICE OF DETERMINATION ( ) A--NEGATIVE DECLARATION PURSUANT TO SECTION 21080(C) OF THE PUBLIC RESOURCES CODE $1,250.00 (Twelve Hundred Fifty Dollars)reSTATE FILING FEE $25.00 (Twenty-Five Dollars)--CLERK FEE ) B--CERTIFICATE OF EXEMPTION DE MINIMUS IMPACT FINDING ~NO FEE-- NOTICE O~ DETERMINATION ( ) A--ENVIRONMENTAL IMPACT REPORT PURSUANT TO SECTION 21152 OF THE PUBLIC RESOURCES CODE $850.00 (Eight Hundred Fifty Dollars) --STATE FILING FEE $25.00 (Twenty-Five Dollars)--CLERK FEE ) B--CERTIFICATE OF EXEMPTION DE MINIMUS IMPACT FINDING --NO FEE-- *THIS FORM MUST BE COMPLETED AND FILED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE SANTA CLARA COUNTY CLERK-RECORDER'S OFFICE. MAKE CHECKS PAYABLE TO: COUNTY CLERK-RECORDER Board of Supervisors: Donald F. Gage. Blanca Alvarado. Pete MCHugh. James T. Beall Jr.. S. Joseph Simitian Coun~ Executive: Richard Wittenberg NOTICE OF EXEMPTION To: Office of Planning & Research P.O. Box 3044 1400 Tenth Street, Room 222 Sacramento, CA 95812-3044 County Clerk's Office Santa Clara County 70 W. Hedding Street, East Wing San Jose, CA 95110 (3 copies & cover sheet filled out by planner) From: City of Campbell 70 N. First Street Campbell, CA 95008 Project Title: Conditional Use Permit Project Location - Specific: 200 E. Campbell Avenue Project Location - City: Campbell Project Location - County: Santa Clara County Description of Project: Conditional Use Permit to allow live entertainment within an existing restaurant/brewery (PLN2002-81). Name of Public Agency Approving Project: City of Campbell Name of Person or Agency Carrying Out Project: Mr. Bob Stoddard on behalf of Stoddard's Brewhouse & Eatery. Exempt Status (check one) C) Ministerial (Sec. 21080(b)(1); 15268); Declared Emergency (Sec. 21080(b)(3); 15269(a); Emergency Project (Sec. 21080(b)(4); 15269(b)(c); )~ Categorical Exemption. State type and section number: Section 15301; Class 1 Statutory Exemptions. State code number: Reasons why project is exempt: Cootinued ~ae of an existing facility. Lead Agency Contact Person: Stephanie Willsey Phone: (408) 866-2140 If filed by applicant: I. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project: YES NO Signature: ~ !~ Date: ~/~.~/~)~ Title: '~[6tEI~Q~(' ~__ ~ Signed by Lead Agency Date Received for filing at OPR: (~) Signed by Applicant CAMPBELL PLN2002-90 Stoddard, B. ITEM NO. 2 STAFF REPORT - PLANNING COMMISSION MEETING OF SEPTEMBER 24, 2002 Public Hearing to consider the application of Mr. Bob Stoddard, on behalf of Stoddard's Brewhouse & Eatery, for a Conditional Use Permit (PLN2002-90) to allow live entertainment within an existing restaurant/brewery on property owned by Campbell Ventures located at 200 E. Campbell Avenue in a C-3-S (Central Business District) Zoning District. STAFF RECOMMENDATION That the Planning Commission take the following action: Adopt a Resolution, incorporating the attached findings, approving a Conditional Use Permit to allow live entertainment within an existing restaurant/brewery, subject to the attached Conditions of Approval and finding that this project is Categorically Exempt under Section 15301, Class 1 of the California Environmental Quality Act (CEQA) pertaining to the continued use of an existing facility. PROJECT DATA Gross Lot Area: Net Lot Area: 1.19 acres (51,841 square feet) 0.76 acres (33,085 square feet) Total Site Utilization: Building Coverage: Landscaping Coverage: Paving Coverage: 91.6 % (30,290 square feet, including cantilever portions) 5.7% (1,902 square feet) 2.7% (893 square feet) Total Building Area: Restaurant Area: Banquet Hall Area: Retail/Office Area: 33,690 square feet 11,308 square feet 21,095 square feet 1,287 square feet Restaurant/Brewery Data: Seating Capacity: 255 seats maximum Hours of Operation: Monday - Saturday & Holidays 8:00 a.m. to 2:00 am. Sunday 8:00 a.m. to 12:00 a.m. Live Entertainment Hours: Thursday- Saturday* 9:00 p.m. to 1:30 a.m. 'Staff Report - Planning commission Meeting of September 24, 2002 PLN2002-90 -- 200 E. Campbell Ave. - Stoddard's Brewhouse & Eatery Page 2 of 4 *And special occasions that may fall on other days (i.e. national holidays or downtown festivals). Special engagement dates shall not exceed 10 occasions in any calendar year. DISCUSSION Applicant's Proposal: The applicant is requesting approval of a Conditional Use Permit to allow live entertainment within the existing Stoddard's Brewhouse & Eatery located at 200 E. Campbell Avenue. Background: On April 28, 1998, the Planning Commission approved a Site and Architectural Review Permit (S 98-01) to construct a new two-story restaurant/brewery and banquet hall and a Conditional Use Permit (UP 98-01) to allow extended hours of operation and on-sale general alcohol sales, contingent upon approval of a Parking Adjustment by the City Council. On May 19, 1998 the City Council approved a Parking Adjustment for the new development. Live entertainment was not included in the permit approvals for the development of the restaurant/brewery and banquet facility and a Condition of Approval was added that should Stoddard's want to incorporate live entertainment into the restaurant/brewery operation they would be required to obtain a separate permit. The project site is located on the southwest comer of S. Second Street and E. Campbell Avenue in Downtown Campbell. The site is surrounded by a parking garage to the north, single-family residential uses to the south along Orchard City Drive and a commercial office building to the west and to the east. ANALYSIS General Plan Designation: The General Plan land use designation for the project site is Central Commercial. The addition of live entertainment in conjunction with an existing restaurant/brewery is consistent with this land use designation. Therefore, the proposed project is consistent with the General Plan. Downtown Neighborhood Development Plan: The project site is located within the project boundaries of the Downtown Neighborhood Development Plan. The proposed live entertainment within Stoddard's Brewhouse & Eatery is consistent with the guidelines of the Plan in that it supports a restaurant use within the downtown. Zoning Designation: The zoning designation for the project site is C-3-S (Central Business District). Live entertainment (except as permitted under Section 21.26.020) is an allowed use within this zoning district subject to the approval of a Conditional Use Permit. The proposed project would be consistent with the Zoning Ordinance with approval of a Conditional Use Permit. Live Entertainment: Live entertainment, when clearly ancillary to a restaurant, is permitted without a Conditional Use Permit within the C-3-S Zoning District subject to the following restrictions: Staff Report - Planning Commission Meeting of September 24, 2002 PLN2002-90 -- 200 E. Campbell Ave. - Stoddard's Brewhouse & Eatery Page 3 of 4 a. Permitted only in standard restaurants without a separate bar area. A separate bar area is defined as a separate area, tables, or a room intended primarily for serving alcoholic beverages. b. Maximum of four performers. c. Hours of nine a.m. to eleven p.m. d. Alcoholic beverage service restricted to Type 41 or 47 ABC license only, and at no time will off-site sales be allowed. Full food service must be available during entertainment, e. Ambient noise levels must allow normal conversation, and may not be audible more than fifty feet from the businesses tenant space. However, in no case may noise from the live entertainment disrupt neighboring businesses. f. No cover charge may be imposed. g. Areas for dancing and festival seating are not allowed. Since the proposed live entertainment would be located in a restaurant with a separate bar area and would be allowed until 1:30 a.m., a Conditional Use Permit is required. The applicant's project description indicates that the live entertainment would consist of live bands playing an assortment of Jazz, Pop, Light Rock and Blues and the bands would be limited to less than five band members. The live entertainment area would encompasses 150 square feet on the first floor within the bar area and 170 square feet on the second floor and would not include a dance floor area. No cover charge would be collected for the live entertainment. Staff considers the requested use incidental to the primary restaurant/brewery use and is supportive of the request. Furthermore, staff does not anticipate that the live entertainment will create a nuisance relative to noise for the nearby residential neighborhood along Orchard City Drive due to the location of the live entertainment area within the enclosed building. As part of the construction of the building, Conditions of Approval were added to mitigate potential noise impacts related to the uses within the building including prohibiting the use of the doors facing Orchard City Drive for exiting after 9 p.m. and requiring that all doors located on the south elevation of the building be self-closing and kept closed at all times (except for emergency purposes). A Condition of Approval has been added that allows for the review of the Conditional Use Permit by the Planning Commission if verified noise complaints are received as a result of the live entertainment. If staff is unable to immediately resolve the matter with the business owner/operator, the Community Development Director may immediately modify the hours of operation and/or prohibit the live entertainment, subject to the project being brought back to the Planning Commission for review. Operational Hours: Stoddard's received approval of a Conditional Use Permit (UP 98-01) to allow the restaurant/brewery to be open from 8:00 a.m. to 2:00 am. Monday through Saturday and Holidays, and from 8:00 a.m. to 12:00 a.m. on Sunday. The applicant is proposing that the live entertainment hours within the restaurant/brewery be from 9:00 p.m. to 1:30 a.m. Thursday 'Staff Report - Planning Commission Meeting of September 24, 2002 PLN2002-90 -- 200 E. Campbell Ave. - Stoddard's Brewhouse & Eatery Page 4 of 4 through Saturday and on special occasions that may fall on other days (i.e. holidays, downtown festivals). Special engagement dates shall not exceed 10 occasions in any calendar year. Parking: On May 19, 1998 the City Council approved a Parking Adjustment which allowed 60 on site parking spaces (with valet service) and available on-street parking spaces within one block of the subject property for the restaurant/brewery use and a parking Management Plan to handle parking for the banquet hall. The proposed live entertainment will not generate a greater parking demand than what currently exists on site because the proposed live entertainment is incidental to the existing primary restaurant/brewery use. Building Design: No architectural changes are proposed with the establishment of live entertainment within the existing building. Police Department Review: The Campbell Police Department has reviewed the application and has no objections to the live entertainment request. The recommended Conditions of Approval require that the applicant process a Live Entertainment Permit with the Police Department consistent with section 5.24.010 of the Campbell Municipal Code. Redevelopment Agency Review: The Redevelopment Agency has reviewed the application and has no objections to the live entertainment request. Site and Architectural Review Committee: The Site and Architectural Review Committee did not review this application in that no changes are proposed to the site design or design of the building. Attachments: 1. Findings for Approval of File No. PLN2002-90 2. Conditions of Approval for File No. PLN2002-90 3. Project Description 4. Exhibits 5. Location Map Stephanie Willsey, Planner Approved by: ~'S e~ni/~o ~r p~lan~~ Attachment # 1 FINDINGS FOR APPROVAL OF FILE NO. PLN2002-90 SITE ADDRESS: APPLICANT: P.C. MEETING: 200 E. Campbell Avenue Bob Stoddard on behalf of Stoddard's Brewhouse & Eatery September 24, 2002 Findings for approval of a Conditional Use Permit to allow live entertainment within an existing restaurant/brewery at 200 E. Campbell Avenue. The Planning Commission finds as follows with regard to file number PLN2002-90: The proposed live entertainment within an existing restaurant/brewery is consistent with the Central Commercial General Plan land use designation and the C-3-S (Central Business District) Zoning District with approval of a Conditional Use Permit. The proposed live entertainment within Stoddard's Brewhouse & Eatery is consistent with the guidelines of the Downtown Neighborhood Development Plan in that it supports a restaurant use in the downtown. 3. The proposed project is compatible with the surrounding commercial and residential uses within the neighborhood. The hours of operation for the live entertainment are limited to 9:00 p.m. to 1:30 a.m. Thursday through Saturday and on special occasions that may fall on other days (i.e. national holidays, downtown festivals). Special engagement dates shall not exceed 10 occasions in any calendar year. The existing 60 parking spaces (with valet service) and available on-street parking spaces within one block of the subject property will adequately address the parking needs of the proposed use. o The surrounding uses consist of a parking garage to the north, single-family residential uses to the south along Orchard City Drive and a commercial office building to the west and to the east. The proposed live entertainment within an existing restaurant/brewery is compatible with the surrounding development and uses. 7. The Police Department has no objections to the proposed project. 8. The Redevelopment Agency has no objections to the proposed project. 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 and Zoning Ordinance. Attachment #1 Page 2 of 2 o o 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 use would generate. 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. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. Attachment #2 CONDITIONS OF APPROVAL FOR FILE NO. PLN2002-90 SITE ADDRESS: APPLICANT: P.C. MEETING: 200 E. Campbell Avenue Bob Stoddard on behalf of Stoddard's Brewhouse & Eatery September 24, 2002 The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the ordinances 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. 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 (PLN2002-90) to allow live entertainment within an existing restaurant/brewery at 200 E. Campbell Avenue. The project shall substantially conform to the project exhibits listed below, except as may be modified by the Conditions of Approval contained herein. a. Project plans prepared by Bruno Marcelic, A.I.A. and received by the Planning Division on August 9, 2002, including a site plan and floor plans. b. Project description dated August 8, 2002. 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. Failure to establish such use within one year from the date of final approval will result in the Conditional Use Permit being void. o 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. 4. Noise: 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 uses from the restaurant/brewery and live entertainment shall not be audible to a person of normal heating capacity from any residential property. Attachment #2 Page 2 of 3 bo Noise Management: In the event complaints are received by the City regarding noise, the Community Development Director, upon confirmation that the noises are generated by the live entertainment, may immediately modify the hours of operation and/or prohibit the live entertainment, subject to the project being brought back to the Planning Commission for review. o Hours of Operation: The operational hours for the live entertainment shall be limited to 9:00 p.m. to 1:30 a.m. Thursday through Saturday and on special occasions that may fall on other days (i.e. holidays, downtown festivals). Special engagement dates shall not exceed 10 occasions in any calendar year. Building Division o Permits Required: A building permit application shall be required for the proposed modification to the existing commercial structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 7. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 8. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 inches by 36 inches. 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. 10. Title 24 Energy Compliance: California Title 24 Energy Standards Compliance forms shall be blue-lined on the construction plans. Compliance with the Standards shall be demonstrated for conditioning of the building envelope and lighting of the building. 11. Special Inspections: When a special inspection is required by U.B.C. Section 1701, 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 U.B.C. Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 12. 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. 13. Title 24 Accessibility - 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. 14. Approvals Required: The project requires the following agency approvals prior to issuance of the building permit: Attachment//2 Page 3 of 3 a. Santa Clara County Fire Department b. Santa Clara County Department of Environmental Health POLICE DEPARTMENT 15. Live Entertainment Permit: The applicant shall process a live entertainment permit with the Police Department consistent with section 5.24.010 of the Campbell Municipal Code prior to the establishment of live entertainment on site. Attachment #3 August 8, 2002 City Of Campbell Planning Department ATTACHMENT (revised) Re: Applicant: Use Permit Modification UP 98-01 Addition of Live Entertainment Permit Stoddard's Brewhouse & Eatery 200 E. Campbell Avenue Per the requirements stated in the Use Permit, Submittal Requirements Permit Application, the following detailed explanations are hereby submitted: 1. The proposed locations of the live band are designated on the attached floor plan. The type and style of entertainment to be shown is live band. There will be no designated dance floor. No cover charge will be collected. Bands will be limited to 5 band members or less. The style of music will be an assortment of Jazz, POP, Light Rock and Blues. o The proposed normal days are Thursday, Friday and Saturday evenings from 9:00 PM to 1:30 AM. We also anticipate providing live music for special occasions that may fall on other days i.e.; holiday celebrations, Downtown festivals, social gatherings, Chamber of Commerce events etc. 4. For over eight years, Stoddard's Brewhouse & Eatery has successfully offered and managed live entertainment at our Sunnyvale location without incident. o For references having knowledge of Stoddard's Brewhouse & Eatery operations history and background, please contact: City of Sunnyvale, Department of Public Safety City of Sunnyvale, Planning Commission City of Sunnyvale, Downtown Revitalization Committee City of Sunnyvale, City Council Members Sunnyvale Chamber of Commerce Sunnyvale Downtown Merchants Association State of California, Department of Alcoholic Beverage Control Department of The Treasury, Bureau of Alcohol, Tobacco, & Firearms ~l~ ..... "°% ~ / [ '~' - I I I _ __ ~ ...... .... ~ ...... I Attachment #5 ~1. CENTEF Location Map 200 E. Campbell Avenue PLN2002-90 Conditional Use Permit Legend Scale 1" = 500' City Limits --. Parcel Lines CITY oF CAMPBELL Community Development Department September 3, 2002 NOTE THIS ITEM HAS BEEN RESCHEDULED FROM SEPTEMBER 10, 2002, TO SEPTEMBER 24, 2002 CAMPBELL NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning Commission of the City of Campbell has set the time of 7:30 p.m., or shortly thereafter, on Tuesday, September 24, 2002, in the City Hall Council Chambers, 70 North First Street, Campbell, California, for a Public Hearing to consider the application of Mr. Bob Stoddard, on behalf of Stoddard's Brewhouse & Eatery, for a Conditional Use Permit (PLN2002-90) to allow live entertainment within an existing restaurant on property owned by Campbell Ventures located at 200 E. Campbell Avenue in the C-3-S (Central Business District) Zoning District. This project is Categorically Exempt. Interested persons may appear and be heard at this hearing. Please be advised that if you challenge the nature of the above project in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this Notice, or in written correspondence delivered to the City of Campbell Planning Commission at, or prior to, the Public Hearing. Questions may be addressed to the Community Development Department at (408) 866-2140. Decisions of the Planning Commission may be appealed to the City Council. Appeals must be submitted to the City Clerk in writing within 10 calendar days of an action by the Commission. In compliance with the Americans with Disabilities Act, listening assistive devices are available for all meetings held in the Council Chambers. If you require accommodation, please contact the Community Development Department at (408) 866-2140, at least one week in advance of the meeting. PLANNING COMMISSION CITY OF CAMPBELL PLEASE NOTE: When calling about this Notice, please refer to File No. PLN2002-90 Address: 200 E. Campbell Avenue SHARON FIERRO SECRETARY 70 North First Street · Campbell, California 95008-1436 · rlik408.866.2140 . F^X 408.871.5140 . Ti)l) 408.866.2790 0~ · C,~4,/~' CITY OF CAMPBELL Community Development Department CAMPBELL August 30, 2002 NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning Commission of the City of Campbell has set the time of 7:30 p.m., or shortly thereafter, on Tuesday, September 10, 2002, in the City Hall Council Chambers, 70 North First Street, Campbell, California, for a Public Heating to consider the application of Mr. Bob Stoddard, on behalf of Stoddard's Brewhouse & Eatery, for a Conditional Use Permit (PLN2002-90) to allow live entertainment within an existing restaurant on property owned by Campbell Ventures located at 200 E. Campbell Avenue in the C-3-S (Central Business District) Zoning District. This project is Categorically Exempt. Interested persons may appear and be heard at this heating. Please be advised that if you challenge the nature of the above project in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this Notice, or in written correspondence delivered to the City of Campbell Planning Commission at, or prior to, the Public Heating. Questions may be addressed to the Community Development Department at (408) 866-2140. Decisions of the Planning Commission may be appealed to the City Council. Appeals must be submitted to the City Clerk in writing within 10 calendar days of an action by the Commission. In compliance with the Americans with Disabilities Act, listening assistive devices are available for all meetings held in the Council Chambers. If you require accommodation, please contact the Community Development Department at (408) 866-2140, at least one week in advance of the meeting. PLANNING COMMISSION CITY OF CAMPBELL SHARON FIERRO SECRETARY PLEASE NOTE: When calling about this Notice, please refer to File No. PLN2002-90 Address: 200 E. Campbell Avenue 70 North First Street - Campbell, California 95008 1436 · T[ti. 408.866.2140 · FAX 408.871.5140 · H)D 408.866.2790 CITY OF CAMPBELL Community Development Department - Current Planning July 30, 2002 Mr. Bob Stoddard Stoddard's Brewhouse and Eatery 200 E. Campbell Avenue Campbell, CA 95008 Re: Conditional Use Permit Modification Application File No.: PLN2002-00090 200 E. Campbell Avenue Dear Mr. Stoddard: Thank you for your Conditional Use Permit Modification application to allow live entertainment at Stoddard' s Brewhouse and Eatery located at 200 E. Campbell Avenue. The granting of a Conditional Use Permit Modification will require approval by the Planning Commission and will be decided upon at a public hearing. Your application has been deemed incomplete. The following additional information and details are needed in order to deem your application complete and schedule it for Planning Commission: 1. Site Plan - Please provide a competent site plan for the subject property which includes the minimum plan requirements as specified in the Use Permit application. The minimum plan size shal! be 11 x 17. 0 Floor Plan - Please provide a competent floor plan for both the first and second floors of the structure delineating where the live entertainment will be established and the square footage of the proposed entertainment area. The minimum plan size shall be 11 x 17. Please submit ten sets of plans with the required information. If you have any questions about the comments contained herein, please feel free to give me a call at (408) 866-2143 or via email at stephaniew@cityofcampbell.com. Sincerely, Stephanie Willsey Planner I encl: CC.' Use Permit Application Plan Requirements Geoff Bradley, Senior Planner Campbell Ventures, 35 S. Second Street, Campbell, CA 95008 70 North First Street . Campbell, California 95008-1436 . TEL 408.866.2140 - FAX 408.866.8381 . TDD 408.866.2790