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Use Permit - Prof Culinary - 2004CITY OF CAMPBELL Community Development Department February 9, 2006 Mr. Richard Battista Professional Culinary Institute 700 W. Hamilton Avenue Campbell, CA 95008 Re: Wine and Beer License - 700 W. Hamilton Avenue Dear Mr. Battista: The Planning Division has reviewed the issuance of a Type 41 (Beer and Wine License) and the need to obtain a modification to your previous Conditional Use Permit. Based upon a review of the original use permit (Planning Commission Resolution No. 3582) and your outlined use description dated, January 10, 2006, that was sent to Cathy Tran at the Department of Alcoholic Beverage Control, a determination has been made that a modification to the previous Conditional Use Permit is not necessary. The original school description included special events and banquets thus allowing private parties and instructional activities as described in your letter of January 10,2006. A completed Zoning affidavit form is enclosed. Should you have any questions regarding this determination, please contact me at (408) 866- 2144 or via e-mail attimhiqlcitvofcampbell.com. ~ TimJ\H~ley~~ Associate Planner Encl: Planning Commission Resolution No. 3582 Zoning Affidavit - 700 W. Hamilton Avenue Letter from Richard Battista to ABC January 10, 2006 cc: Sharon Fierro, Community Development Director Cathy Tran. Department nf Alcohnl and Beverage Contrnl, 100 Paseo de San Antonio, Suite 119, San Jose, CA 95113 70 North First Stn:c; Campbeli, Calilorni,-l 9"1003-14:;6 "IF! 408.8ti6.~ 140 FA;'; 408.866.838 [ ITlll 408.FH)6.~7C)O RESOLUTION NO. 3582 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (pLN2004-89) TO ALLOW THE ESTABLISHMENT OF A CULINARY SCHOOL CONSISTING OF APPROXIMATELY 19,153 SQUARE FEET WITHIN AN EXISTING COMMERCIAL BUILDING ON PROPERTY OWNED BY MR. SCOTT COOLEY LOCATED AT 700 W. HAMILTON AVENUE IN A C-2-S (GENERAL COMMERCIAL) ZONING DISTRICT. APPLICATION OF MR. DAVID KORB, ON BEHALF OF THE PROFESSIONAL CULINARY INSTITUTE. FILE NO.: PLN2004-89. 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 PLN2004-89: 1. The proposed establishment of a culinary school within an existing commercial building will result in a use that is consistent with the General Commercial General Plan land use designation for the site. 2. The proposed establishment of a culinary school within an existing commercial building will result in a use that is consistent with the C-2-S (General Commercial) Zoning designation for the site with approval ofa Conditional Use Permit. 3. The project site consists of a 3.96-acre lot, with 11 % building coverage, 64% paving coverage and 25% landscaping coverage. 4. The proposed use is located within an existing three story commercial building and is compatible with the shared uses in the building and the uses surrounding the project. The proposed school will occupy approximately 19,153 square feet of building area. 5. The existing 270 parking spaces will adequately address the parking needs of the proposed use based upon the concept of shared parking and the unique characteristics of a culinary school. 6. The school h~urs shall be restricted to 7:00 a.m. to 10:00 p.m. daily. 7. The project qualifies as a Categorically Exempt project per Section 15301, Class I (Existing Facilities) of the California Environmental Quality Act (CEQA). Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: Planning Commission Resolution No. 3582 PLN2004-89 - 700 W. Hamilton Avenue - Use Permit - The Professional Culinary Institute Page 2 1. The proposed project is consistent with the General Plan and Zoning Ordinance. 2. The proposed project, as conditioned, will aid in the harmonious development of the immediate area. 3. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required Conditions of Approval, will have a significant adverse impact on the environment. 4. The proposed use is compatible with the uses in the area. 5. 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. 6. The subject site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such use would generate. 7. 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. 8. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 9. 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 (PLN2004-89) to allow the establishment of a culinary school consisting of approximately 19,153 square feet within an existing commercial building on property owned by Mr. Scott Cooley located at 700 W. Hamilton Avenue in a C-2-S (General Commercial) Zoning District, 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 Resolution No. 3582 PLN2004-89 - 700 W. Hamilton A venue - Use Permit - The Professional Culinary Institute Page 3 COMMUNITY DEVELOPMENT DEPARTMENT Planninl! Division: 1. Aooroved Proiect: Approval is granted for a Conditional Use Permit (PLN2004-89) to allow the establishment of a culinary school within an existing commercial building on property located at 700 W. Hamilton Avenue. The project shall substantially conform to the plans stamped as received by the Planning Division on July 21,2004, except as may be modified by the conditions of approval contained herein and the following description: a. The square footage of the school shall be limited to 19,153 square feet b. The school shall be limited to seven (7) classrooms, two (2) demonstration kitchens, library and administrative support facilities. c. Typical class sizes shall be limited to 16 students with one instructor. d. Special events may be held on weekends and evenings. 2. Conditional Use Permit Aooroval Exoiration: 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. Failure to meet this deadline will result in the Conditional Use Permit being void. 3. 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. Ooerational Hours: The operational hours shall be limited to 7:00 a.m. to 10:00 p.m. Monday through Friday and 9:00 a.m. to 2:00 p.m. on Saturday and Sundays. 5. Parking and Drivewavs: All parking and driveway areas shall be maintained in compliance with the standards in Chapter 21.28 of the Campbell Municipal Code. 6. Review of Parking Imoacts: If at any time the Community Development Director determines that parking demand is in excess of parking available on site, the Community Development Director may immediately take the following actions prior to setting a review date before the Planning Commission: a. Place limitations on occupancy. b. Require the provision of additional parking and/or c. Require the preparation of a Parking Management Plan that incorporates carpooling, shuttles and other mitigation measures. Planning Commission Resolution No. 3582 PLN2004-89 - 700 W. Hamilton Avenue - Use Permit - The Professional Culinary Institute Page 4 7. Si!ffiaf!e: No signage is approved as part of the development application approved herein. No sign shall be installed until a Sign Permit is approved as specified in Chapter 21.30 ofthe Campbell Municipal Code. Buildine: Division: 8. Permits Required: A building permit application shall be required for the proposed tenant improvements to the (e) commercial structure. The building permit shall include ElectricalJPlumbing/Mechanical fees when such work is part of the permit. 9. Construction Plans: The conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 10. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in, 11. Plan Prenaration: 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. 12. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. Site plan shall also include site drainage details. Site address and parcel numbers shall also be clearly called out. Site parking and path of travel to public sidewalks shall be detailed, 13. Title 24 Enerf!v 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. 14. 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. 15. Non-Point Source Provisions: 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. 16. Title 24 Accessibi1itv- 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. 17. 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. Planning Commission Resolution No. 3582 PLN2004-89 - 700 W. Hamilton Avenue - Use Permit - The Professional Culinary Institute Page 5 18. Aoprovals ReQuired: The project requires the following agency approval prior to issuance of the building permit: a. West Valley Sanitation District b. Santa Clara County Fire Department c. Santa Clara County Department of Environmental Health 19. P.G.& E.: Applicant is advised to contact Pacific Gas and Electric Company 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. Applicant should also consult with P.G. and E. concerning utility easements, distribution pole locations and required conductor clearances. FIRE DEPARTMENT 20. Extent of Review: Review of this proposal is limited to accessibility of site access and water supply as they pertain to fire department operations, and shall not be construed as a substitute for formal plan review to determine compliance with adopted model codes. 21. Building Permits: Prior to Building Permit application, the Architect shall reflect compliance with the 2001 California Fire and Building Code relative to exiting, are or occupancy separations, and alarm system installations as may be appropriate. 22. Fire Sorinkler Svstem: The existing fire sprinkler system within the building shall be modified to accommodate the new building design. A State of California licensed fir protection contractor shall submit three (3) sets of plans, calculations, and a completed permit application and appropriate fees to this department for review and approval prior to beginning their work. PASSED AND ADOPTED this 14th day of September, 2004, by the following roll call vote: AYES: Commissioners: Alderete, Doorley, Francois, Gibbons, Hernandez, Rocha and Roseberry None None None NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: APPROVED: AnEST ~~ - Sharon Fierro, Secretary 02/08/2006 WED 17:21 FAX 408 370 9186 COLANARY fdj002/0 0 2 , i j ! , ~ I i I I , i , Department of Alcoholic Beverage Control ZONING AFADAVIT Stale 01 Cellfcmia ARNOLD SCHWAAZENEGGER. Govemor Instructions to the Applicant: Complete Items I - 14. Sign and date the form and submit it to ABC. 1, APPUCANl'CS) NAME (1.811, It,,!, mktdllt) ,?f/..O i!!..6SS( dl4/'t Y I/liJ17/?r TC 2. PREMISES ADDRESS (Sir", number and nam.. i:lty, Zip code)_ 700 v~T ;/7lnJ1C-lVr-f /Ne (J/~tt-II (,/r?JOo,f- 3. PARCEl. NUM9ER OF PRoPERTY (0bIa1n lrom COIJI'ltyAIl8MBOr'501f1ce} 8. CURReNT l.ICENSE TYPEJT THIS LOCATION. W ANY 1"'1.4 7. TYPE OF BUSINeSS II... '-rN mlN_~." ,~tI",. ",., s. ARe THe PR......,NOlOE 1Me CITY uMl'fB7 a/M/)(<' dtd;'/ "ed' YR."'. ~Yes ONo For answers to Questio 9 - 14, contQct your local city OR county planning department (if inside the city limits. contact 00 planning; ifoutside, conractmH!11:iplanning. . II. HOW ARi APPUCANT PREMISES ZONED? STAlE TYPE (I.e" .C- commlldBI, .R" 1'II!ldentlll. alc.) C-z..-'7 4. TYPE OF LICENSE APPUED FOR 41 5. uPGFlADi: a: LICENSED PRMlEGES Dyes ElNo 6.~~l....- <OHV''G:,(:1,CI''''L..- ~Yes 13. HAM! OF PLANNER CONTACTED AT Pl..ANNINGOiPAR1'MENT DNo 11, IS A CONQfl1ONAL USE PERMIT (C.U.P,) NEEDED? (II yes. pleaU d1t1Ch copy of r_tpt we-V.P.) !!lYes ONO 12. IF YES. DATE YOU FILED APPLICATION FOR C.U.P. '0. DOES ZONING PERMIT INTENDeD lJSE't P,c:. p.cc::. 7 dt..-\SIlo.) "'7~z. .. PLA~iffiON~N0Z"_ 2.(4~ IT t"'" :J. f+>, t....e..'1 Under the penaltyofpeljury,ldeclare-the information in this affidavit is true to the best .of my knowledge. 16. ~rsSJ(lH'TUFlEIOno_"""'''' r' OATESlGNED i"::>~ .( J /!Jt.:1- FOR DEPARTMENT USE ONLY Oc.u.P. Approved Oc.u.P. Denied (APPRO""'" EFFECTI\IE DATe I TE~' GENERAL INFORMATION JFR.E Nu....eR 1- Premises which had been used in the exercise of those rights and privileges at a time prior to the effective date of the zoning ordinance may continue operation under the fonowing condilions: (a) The premises retain the same type of retallliquor license within a license classification. (b) The licensed premises are operated continuously without substantial change in mode or character of operation. For purposes of this subdivision. a break in continuous operation does nOl include: (l) A closure for nOl more than 30 days for purposes of repair, if that repair does nOl cbange the nature of the licensed premises and does not increase the square footage of the business used for the we of alcoholic beverages. (2) The closure for restoration ofpremi= rendered totally. or partially inaccessible by an act of God or a toxic accident. if the restoration-does not in~ the- square footage of tbe business used for the sale of alcoholic be=ages. . Section 23790 of the Business and Professions Code says that ABC may not issue a retail license contrary to a valid zoRing ordinance. This form will help us determine whether your proposed business is properly zoned for alcobolic beverage sales. .A conditional use permit (CUP) (Item II) is a special zoning permit granted after an individual review of proposed land- use has been made. CUP's are used in stwations when: the proposed use may create hardships or hazards to neigbbors and other community members who are likely to be affected by the proposed use. The ABC distrler office will not make a final recommendation on your license application until after __.the local CUP review_p(<:><:ess has been completed. If tb. local government denies the CUP. ABC must deny your license application. 23790. Zoning ordinances. No retan license shalt be issued for any premises which are located in any territory where the exercise of tbe rights and privileges confi:rred-bythe license is contrary to a valid zoning ordinan(;e of any county or city. ABC-256 (12/03) I j , I I i ~2/09/JQ_~THIL]'_~_:_Q..~____~_!>X 408 31.9_ ~}_~?_ COL..!\-~~~___.____ January 10, 2006 Cathy Tran Department of Alctlholic Bevetage Control 100 Paseo de San Antonio, Suite I 19 San Jose, CA 951 13 Re; Beer and Wine License Dear Cathy, I am submitting the letter you have requested regarding our license_ The following is an outline of our intended use: 1. We will sell and serve alcohol for private parties in our banquet facility. The facility will accommodate approximately 80 people. We will have several events a month. This facility will not be opened to the public. 2. We will begin a wine education program in March {)f 2006, this program will involve serving wine for tasting purposes, their will be approximately 20 students to a class. The wine that will be consumed will be spit out during the tasting. portion of the class. All students will be 21 years and older. 3. Private parties are available to the general public. I hope this clarifies everything you may need. ttlerelY, r.... . IC ar E. Ba~ FAX: 408-370-9186 1-866- 318-CHEF 408-370-9190 700 W. Hamilton Ave., Campbell, CA 95008 Idl002/ 0 02 Restaurant Equipment Design, Inc. 727 Kennedy Street Oakland, CA 94606-5327 Telephone: 510/261-7300 Facsimile: 510/261-1770 February 3, 2005 Mr. Tim 1. Haley Associate Planner Community Development Dept 70 North 1 st Street Campbell CA 95008-1436 RECEIVED Re: Bid 2004-1596 Professional Culinary Institute 700 West Hamilton Avenue FEB 0 7 Z005 C1lY OF CAMPBELL PLANNING DEPT. Dear Mr. Haley: Regarding your recent review of our Building Permit re-submittal, per your letter of February 1, 2004, I submit the following response: I. Site Plan: The yard grease interceptor, as proposed, is to he located clear of all mature shrubbery and trees. The installation will clear the drip line ofthe trees. Landscaping will be protected from damage during the course of the work. 2. Roof Plan: The existing rooftop equipment is identified with an (E), while the new equipment is identified by heavier weight 1inework. For your reference, the two building sections in our Permit drawings are included herein. I have added (N) for "new" as applicable and extended the sightlines toward the center roof areas to clarify that other equipment is well below any sightlines. I trust that this correspondence will satisfy these two conditions and that Planning Division clearance will be granted and processed so that Building Permit issuance will not be delayed. Mr. Tim J. Haley, Community Development Dept Page 2 Please contact me, or Y ohan, if anything else is needed to complete the processing of this Planning Division clearance. Sincerely, Restaurant Equipment Design Inc ~ . ~ Bill Forgensi, Architect Encl.