Use Permit - 1999 CITY OF CAMPBELL
Community Development Department - Current Planning
April 11, 2001
Efim & Rimma Brisker
Nevsky's Restaurant
1740 S. Winchester Boulevard
Campbell, CA 95008
Re: UP 99-01 - 1740 S. Winchester Boulevard - Extended Hours of Operation
Dear Applicant:
Please be advised that the Planning Commission, at its meeting of April 10, 2001,
adopted Resolution No. 3333 amending your Conditional Use Permit to allow the
extension of operational hours to 2 a.m. on Fridays, Saturdays and for 10 special holidays
each year, on the above-referenced property.
This approval is effective in ten days, unless appealed in writing to the City Clerk.
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, do not hesitate to contact me at (408) 866-2140.
Sincerely,
Tim J. Haley
Associate Planner
CC:
Harold Housley, Public Works
Frank Mills, Building Department
Chris Veargason, County Fire
70 North First Street - Campbell, California 95OO8-1436 . TEL 408.866.2140 · Fax 408.866.8381 · TDD 408.866.2790
RESOLUTION NO. 3333
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL, MODIFYING A PREVIOUSLY-
APPROVED CONDITIONAL USE PERMIT (UP 99-01)
APPROVING AN ADJUSTMENT IN OPERATIONAL HOURS
FROM 12 A.M. TO 2 A.M. ON FRIDAYS, SATURDAYS AND
SPECIAL HOLIDAYS, SUBJECT TO THE AMENDED
CONDITIONS OF APPROVAL, IN CONJUCTION WITH AN
EXISTING RESTAURANT (NEVSKY'S) ON PROPERTY
LOCATED AT 1740 S. WINCHESTER BOULEVARD IN A C-2-S
(GENERAL COMMERCIAL) ZONING DISTRICT. APPLICATION
OF MR. EFIM BRISKER. FILE NO. UP 99-01.
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 99-01:
The proposed restaurant establishment with general on sale liquor sales, live entertainment
and operational hours after 11 p.m. is a permitted with a Use Permit in the C-2-S zoning
district.
2. The proposed restaurant use is consistent with the commercial land use designation of the
General Plan and the C-2-S (General Commercial) zoning designation for the site.
3. The proposed on-sale general liquor service, live entertainment permit and late night hours of
operation past 11 p.m. are incidental to the primary function of the site as a restaurant.
°
The proposed on-sale general liquor service, live entertainment permit and late night hours of
operation in conjunction with the restaurant are consistent with the commercial land use of
the General Plan and the C-2-S zoning designation for the site and other restaurant uses in the
neighborhood.
The on-sale general liquor service, live entertainment permit, and late night hours of
operation, subject to the conditions of approval, are compatible with the adjacent land uses
and the surrounding neighborhood.
6. The restaurant with on-sale general liquor service will not result in an over concentration of
such uses in the area.
Planning Commission Reso..ion No. 3333
UP 99-01 - 1740 S. Winchester Boulevard - Nevsky's Restaurants - Late Hours of Operation
Page 2
7. The restaurant as proposed and conditioned will not create a nuisance due to noise, litter,
vandalism, traffic or Other factors.
8. The restaurant with on-sale general liquor service and live entertainment will not
significantly disturb the peace and enjoyment of any nearby residential neighborhoods.
9. The restaurant with on-sale general liquor service will not significantly increase the demand
on city services.
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
The establishment of the restaurant 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.
3. The proposed site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic such uses would generate.
4. The proposed establishment is compatible with the adjacent land uses and the surrounding
neighborhood.
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:
COMMUNITY DEVELOPMENT DEPARTMENT
1. Approved Project: Approval is granted for a Conditional Use Permit (UP 99-01) to establish
a 2100 square foot restaurant with a general on-sale liquor license, live entertainment and
operational hours after 11 p.m. on property located at 1740 S. Winchester Blvd. and shall
substantially conform to the project exhibits listed below, except as may be modified by the
Conditions of Approval contained herein:
A. Plot plan dated March 8, 1999, prepared by RB
B. Floor plans dated March 8, 1999, prepared by RB.
Planning Commission Reso,,,don No. 3333
UP 99-01 - 1740 S. Winchester Boulevard- Nevsky's Restaurants- Late Hours of Operation
Page 3
C. Applicant's project description 'Nevsky's Restaurant.
'2.
l::.~rtencl~cl hnnre nf npv. rntlnn Hours of operation may be extended in the evening hours to'
include remaining open until 2 a.m. on Fridays, Saturdays and Special Holidays (limited to
ten days per calendar year).
Prevlrme t t~, permit. All conditions of approval previously required in Planning Commission
Resolution No. 3223 shall remain in effect except for Condition No. 2 wherein the hours of
operation may be extended in the evening hours to including remaining open until 2 a.m. on
Fridays, Saturdays and Special Holidays (limited to ten calendar days per year).
PASSED AND ADOPTED this 10e day April, 2001, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Doofley, Francois, Gibbons, Hemandez, Jones, Lindstrom,
Lowe
None
None
None
ATTEST:
Mel Lin~7~m, Chair
ITEM NO. 2
STAFF REPORT - PLANNING COMMISSION MEETING OF
April 10, 2001
UP 99-01
Brisker,
Efim
Public Hearing to consider the applications of Mr. Efim Brisker on behalf
of the Nevsky's Restaurant for a one year review of operational hours of
a previously approved Conditional Use Permit CLIP 99-01) to allow an
on-sale general liquor license, live entertaiment and operation hours
beyond 11 p.m. in an existing restaurant on property located at 1740
South Winchester Boulevard in the C-2-S (General Commercial)
Zoning District.
STAFF RECOMMENDATION
That the Planning Commission take the following action:
Adopt a Resolution, incorporating the attached findings, approving an adjustment in
operational hours from 12 a.m. to 2 a.m. on Fridays, Saturdays and Special Holidays, subject
to the amended conditions of approval.
ENVIRONMENTAL DETERMINATION
This project is categorically exempt under Section
CEQA; therefore, no environmental action is required.
15301 Class l(a) (Existing Facilities) of
BACKGROUND
On April 27, 1999 the Planning Commission approved a conditional use permit to allow an on-
sale liquor license, live entertainment and late night operational hours for an existing restaurant.
The Planning Commission's adopted Resolution 3223 approving the requested use permit with a
condition that the hours of operation be limited as follows:
Sunday - Thursday (10:30 a.m. to 9 p.m.)
Fridays, Saturdays and 10 Special Holidays (10:30 a.m. to 12 a.m.)
The Planning Commission requested a one year review of the operational hours.
The applicant additionally obtained approval of a live entertainment permit from the City
Council on July 6,1999.
Applicant's Request: The applicant has submitted the attached letter that requests the
Commission to conduct its one year review of their business and to extend the permitted hours
until 2 a.m. on Fridays, Saturdays and Special Holidays. The applicant had originally requested
these extended hours with their conditional use permit application, but was granted approval to
12 a.m. due to concerns expressed by adjacent residential neighbors.
Staff Report - Planning Commission Meeting April 10, 2001
UP 99-01(One Year Review) 1740 S. Winchester Boulevard
Page 2
Police Department Review: The Police Department has provided an activity report of the
restaurant over the past year and a half. One music complaint was received on (l/l/2000) and
two calls regarding business theft, (4/14/2000) and a stolen vehicle (7/6/2000) were received.
These complaints were not considered excessive by the Police Department for a commercial use.
Planning Division: The Planning Division has not received any complaints regarding noise
associated with this restaurant operation.
Consequently, staff is recommending that the Planning Commission approve the applicant's
request and allow a change in closing hours from 12 a.m. to until 2 a.m. for Fridays, Saturdays
and Special Holidays (limited to ten days per calendar year) and that all other conditions of their
previous conditional use permit remain in place, except for the operational hours.
The previous conditions of approval allowed the Community Development Director to limit the
operational hours of the business and to require a Noise Management Plan in the event that
confirmed noise complaints were received.
Attachments:
1. Findings for approval of UP 99-01(One year Review)
2. Conditions of Approval for UP 99-01(One Year Review)
3. Letter of Request from Nevsky's Restaurant- February 9, 2001
4. Planning Commission Resolution No. 3223 and Minutes April 27,1999
5. Staff Report Planning Commission - April 27,1999
City Council - July 6,1999
6. Location Map
Prepared by:
~W~/-ale,,f, A~ss~ate P 1 ann er
Approved by:
G-~offl}radl~y, Senior Planner /
J:\Reports\USE PERMITS\UP 99-01 Nevsky Restaurant (one year review).doc
Attachment #1
FINDINGS FOR APPROVAL OF FILE NO. UP 99-01(One year review)
SITE ADDRESS: 1740 South Winchester Boulevard
APPLICANT: Efim Brisker
P.C. MEETING: April 10, 1999
Findings for Approval of a Use Permit (UP 99-01) to allow the establishment of a restaurant
with incidental on-sale general liquor service, live entertainment, and late night hours of
operation past 1 lp.m.
The Planning Commission finds as follows with regard to File No. UP 99-01 (One year Review)
The proposed restaurant establishment with general on sale liquor sales, live entertainment
and operational hours after 11 p.m. is a permitted with a Use Permit in the C-2-S zoning
district.
2. The proposed restaurant use is consistent with the commercial land use designation of the
General Plan and the C-2-S (General Commercial) zoning designation for the site.
3. The proposed on-sale general liquor service, live entertainment permit and late night hours of
operation past 11 p.m. are incidental to the primary function of the site as a restaurant.
The proposed on-sale general liquor service, live entertainment permit and late night hours of
operation in conjunction with the restaurant are consistent with the commercial land use of
the General Plan and the C-2-S zoning designation for the site and other restaurant uses in the
neighborhood.
The on-sale general liquor service, live entertainment permit, and late night hours of
operation, subject to the conditions of approval, are compatible with the adjacent land uses
and the surrounding neighborhood.
6. The restaurant with on-sale general liquor service will not result in an over concentration of
such uses in the area.
7. The restaurant as proposed and conditioned will not create a nuisance due to noise, litter,
vandalism, traffic or other factors.
8. The restaurant with on-sale general liquor service and live entertainment will not
significantly disturb the peace and enjoyment of any nearby residential neighborhoods.
J:\Reports\USE PERMITS\UP 99-01 Nevsky Restaurant (one year review).doc
Findings for Approval - Planning Commission Meeting of April 27, 1999
UP 99-01 - 1740 S. Winchester Boulevard
Page 2
10. The restaurant with on-sale general liquor service will not significantly increase the demand
on city services.
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
The establishment of the restaurant 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.
3. The proposed site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic such uses would generate.
4. The proposed establishment is compatible with the adjacent land uses and the surrounding
neighborhood.
J:\Reports\USE PERMITS\UP 99-01 Nevsky Restaurant (one year review).doc
Attachment #2
PLANNING COMMISSION CONDITIONS OF APPROVAL FOR
FILE NO. UP 99-01(one year review)
SITE ADDRESS: 1740 South Winchester Boulevard
APPLICANT: Efim Brisker
P.C. MEETING: April 10, 2001
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. 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
1. Approved Project: Approval is granted for a Conditional Use Permit (LIP 99-01) to establish
a 2100 square foot restaurant with a general on-sale liquor license, live entertainment and
operational hours after 11 p.m. on property located at 1740 S. Winchester Blvd. and shall
substantially conform to the project exhibits listed below, except as may be modified by the
Conditions of Approval contained herein:
A. Plot plan dated March 8, 1999, prepared by RB
B. Floor plans dated March 8, 1999, prepared by RB.
C. Applicant's project description 'Nevsky's Restaurant'
Extended hours of operation Hours of operation may be extended in the evening hours to
include remaining open until 2 a.m. on Fridays, Saturdays and Special Holidays (limited to
ten days per calendar year).
Previous Use Permit: All conditions of approval previously required in Planning Commission
Resolution No. 3223 shall remain in effect except for Condition No. 2 wherein the hours of
operation may be extended in the evening hours to including remaining open until 2 a.m. on
Fridays, Saturdays and Special Holidays (limited to ten calendar days per year).
J:\Reports\USE PERMITS\UP 99-01 Nevsky Restaurant (one year review).doc
. Planning Commission Resolution No. 3223
UP 99-01 - 1740 S. Winchester Boulevard
Page 3
o
o
Landscaping: Prior to the issuance of an occupancy permit for the project, the applicant shall
submit landscaping plans for review and approval by the Community Development Director
that incorporates the following:
A. Provision of container planters at the building entrance and renovation of existing
planters within the parking area.
B. Minimum 5 gallon shrubs and ground cover shall be planted within the landscape
containers along the building walls facing Winchester Blvd. and raised planters in the
parking area.
Reciprocal Ingress/Egress Agreement: Prior to the establishment of the restaurant with a
general liquor license and live entertainment, the applicant and/or property owner shall record
a covenant obligating future and existing property owners to enter into an agreement with the
adjacent property owners to the south to participate in the provision of reciprocal
ingress/egress easements to utilize the vehicular parking lot along the south side of the
restaurant.
On-site Lighting: Details of project lighting shall be approved by the Community
Development Director prior to the issuance of building permits.
Building Division Requirements: Prior to the issuance of building permits, the applicant shall
comply with all Building Code requirements and obtain necessary permits as determined by
the City's Building Division.
Fences/walls: Any newly proposed fencing and/or wall shall comply with Section 21.59.090
of the Campbell Municipal Code and shall be submitted for review and approval by the
Community Development Department prior to construction.
Property Maintenance: The property is to be maintained free of any combustible trash, debris
and weeds until the time that actual construction commences. All existing structures shall be
secured by having windows boarded up and doors sealed shut, or be demolished or removed
from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). Alt structures
shall also be required to be maintained free of graffiti. Should graffiti appear on the building,
enclosure walls and/or trash enclosure, the applicant shall take measures to immediately
remove the graffiti.
Location of Mechanical Equipment: No new roof-mounted and/or ground level mechanical
equipment, i.e. air conditioning units, shall be located on or adjacent to the building without
providing screening of the mechanical equipment from public view. Screening material and
method shall require review and approval by the Community Development Director prior to
the installation of such mechanical equipment.
Attachment //3
February 9, 2001
Planning Commission
City of Campbell
70 N. First St.
Campbell, CA 95008
RECEIVED
FEB 2 0 Z001
CITY OF CAMPBELL
PLANNING DEPT,,
Dear Commissioners:
In April of 1999 the Planning Commission kindly approved our use permit to allow
late night hours and a general on-sale liquor license with our Russian restaurant,
Nevsky's. The City Council also approved a live entertainment permit later that
year. The Planning Commission's approval asked for a one-year review of our use
permit.
It took us a while to get started due to our license from Alcohol Beverage Control,
but we have had our first successful year as a traditional Russian restaurant with
entertainment as well as beverages. Our original request asked that we could have
the restaurant open until 2 a.m. on Fridays, Saturdays and Special Holidays. The
Planning Commission restricted our hours to 12 midnight and asked for a one year
review of the hours of operation. Consequently, we are ask the Planning
Commission to consider these later hours in their one year review of our use
permit.
We have always tried to be quiet and courteous neighbors. We continue to provide
quality and personalized services to our customers by bringing a traditional
Russian dining experience to Campbell. Hopefully, the community has experienced
our restaurant.
Please let us know if you need any additional information and when we should
anticipate your review of our use permit. Feel free to phone us at (408) 379-
1126, if you have any questions.
Respectfully, ~'~l~'
Efim and Rimma Brisker
Nevsky's Restaurant
1 740 South Winchester Blvd.
· Planning Commission Minutes of April 27, 1999
Page 2
AGENDA MODIFICATIONS OR POSTPONEMENTS
There were no agenda modifications 'or postponements.
ORAL REQUESTS
Mr. Don Pederson, Member, Santa Clara County Planning Commission:
· Extended a personal invitation to the Commissioners to attend the Santa Clara County
Planning Commission's Second Annual Workshop scheduled for May 3, 1999, from 3 to 7
p.m. with a social hour afterwards. Assured that the speakers lined up were good ones.
PUBLIC HEARING
Chairman Jones read Agenda Item No. 1 into the record.
UP 99-01
Brisker, E.
Public Heating to consider the application of Mr. Efim Brisker, on
behalf of Red Square Restaurant, for approval of a Conditional
Use Permit (UP 99-01) to allow an on-sale general liquor license,
live entertainment and operational hours beyond 11 p.m. in
conjunction with an existing restaurant on property located at 1740
S. Winchester Boulevard in a C-2-S (General Commercial)
Zoning District. This project is Categorically Exempt. Planning
Commission decision final unless appealed in writing to the City
Clerk within 10 days.
Mr. Tim J. Haley, Associate Planner, presented the staff report as follows:
· Advised that the applicant, Mr. Efim Brisker, is seeking approval of a Conditional Use
Permit to allow for a general liquor license, live entertainment and hours of operation after 11
p.m. on Fridays, Saturdays and special holidays in conjunction with a new Russian restaurant.
· The proposed use will occupy 2,100 square feet and include 60 seats.
· The previous uses were various Chinese restaurants.
· The building is 30 to 40 years old.
· Nineteen parking spaces are dedicated to this use
· The applicant operates a Russian deli and caf6 on the adjacent property.
· Staff recommends that the Commission adopt a Resolution approving an on sale general
liquor license, live entertainment and late hours of operation.
· The Conditions of Approval outlines noise issues. One condition provides for the
Community Development Director to adjust the late hours of operation in the event that
substantiated noise complaints are received as a result of this use.
Commissioner Gibbons sought clarification that the Live Entertainment Permit would be issued
through the Police Department.
Mr. Tim J. Haley advised that the Live Entertainment Permit requires both Planning Commission
and City Council action. The Police Department processes the Live Entertainment Permit
through Council after Planning Commission action.
Planning Commission Minutes of April 27, 1999
Page 3
Commissioner Gibbons clarified that the applicant seeks a general liquor license and hours to 2
a.m.
Mr. Tim J. Haley advised that this is correct.
Chairman Jones opened the Public Hearing for Agenda Item No. 1.
Ms. Rimma Brisker, Applicant:
· Advised that they have operated their deli since 1987, serving Russian and European food, as
well as items from New York and Chicago, Greece, Poland, Turkey, Russia and other places.
· Stated that many of their customers come some distance to patronize their deli, which offers a
homey atmosphere. Added that many of their customers have requested expanded hours.
· Informed that they have never created any problems and have never received any complaints
as a result of their business.
· Said that there will be no separate bar and that this is not a nightclub. Their clientele is
older, generally 35 years and older.
· Advised that they have installed double paned windows in the new location.
· Asked for the support of the Commission in approving their request.
Commissioner Francois asked about their current hours of operation and for more information
about the live entertainment aspect of their new proposed business.
Ms. Rimma Brisker advised that they currently operate from 11 a.m. to 8 p.m., seven days a week
and serve lunch and dinner. The live entertainment is simply music for their patrons while they
dine.
Commissioner Gibbons asked if the music would be amplified or acoustic, whether speakers
would be used and how often the live entertainment would be provided.
Ms. Rimma Brisker said that music would be provided by a singer accompanied by a keyboard
and only on Friday, Saturday and special holidays. She added that their restaurant is considered a
second home by many of their customers.
Commissioner Gibbons sought clarification as to whether this new use is a restaurant or a bar.
Chairman Jones asked if outdoor seating would be offered.
Ms. Rimma Brisker assured the Commission that this is to be a restaurant with no separate bar.
Liquor will be served to customers at tables. No outdoor seating will be offered.
Ms. Barbara Lynch, Resident, 1 Garrison Way, Campbell:
· Stated that this location does get noisy at times.
· Advised that her residence is within 15 feet of the back door of this site.
Planning Commission Minutes of April 27, 1999
Page 4
Mr. Joe Long, 14363 Saratoga Avenue, #103, San Jose:
· Advised that he is representing his mother, who owns the adjacent apartment complex to the
rear of the subject site.
· Stated that they strongly oppose this use which is 30 feet away from peoples' bedroom
windows while the parking is 10 feet from the same bedroom windows.
Stated that he takes exception to the staff report particularly that this proposal does not
represent an intensification of the previous use. Half of the site parking is directly adjacent to
apartments.
· Said that he did not believe the necessary findings to support his use can be made.
· Stated that in his opinion this is a nightclub with food.
· Advised that trash has always been a problem with this site. The trash container is located
right next to the wall.
· Stated that noise outside of the building is not being addressed by the Conditions of
Approval.
· Asked that the Commission not approve this application.
Commissioner Francois asked how long Mr. Long's family has owned the apartments.
Mr. Joe Long advised that his family has owned the property since 1963.
Mr. Bret Carpenter, Resident, 4 Garrison Drive, Campbell:
· Advised that he is a tenant adjacent to the proposed site.
· Stated that the trash smells bad and is stored 15 feet from his front door.
· Informed that noise from Riccardo's, which closes at 9 p.m., is heard from his home as the
employees leave after work.
· Expressed concern about the potential for lbitering and about trash that is thrown over the
fence.
· Stated that there are many kids living in the complex who could be disturbed by noise.
· Said that 2 a.m. is too late and the site is too close to residential uses.
· Said that this use will be loud and obnoxious.
Mr. Thomas Stillbeck, Resident, 15 Garrison Drive:
· Advised that his 92 year old neighbor is concerned.
· Stated that most people would not want to live within 20 feet of a nightclub.
Commissioner Lowe asked whether this restaurant would be a separate businesses from the
existing deli.
Mr. Tim J. Haley advised that they are two separate uses, two separate buildings and that there is
no doorway between the two.
Commissioner Francois asked the number of seats proposed.
Planning Commission Minutes of April 27, 1999
Page 5
Mr. Tim J. Haley advised that the restaurant would seat 60.
Commissioner Francois asked what type of music and instruments would be played.
Ms. Rimma Brisker advised that they would have a singer with a keyboard. This is no nightclub.
Admitted that the garbage bin used by the previous restaurant did smell terrible. Stated that they
did not want nor anticipate problems with their neighbors. Added that the kitchen would
separate the diners from the rear neighbors.
Commissioner Kearns asked if 11 p.m. might not be late enough to operate.
Ms. Rimma Brisker advised that 11 p.m. was not late enough to serve their clients. Added that
this is not a nightclub and that the parking off of Winchester was adequate to prevent the need to
park adjacent to the apartments.
Commissioner Francois asked about the age of the clientele.
Ms. Rimma Brisker stated that their clientele is generally 35 years or older.
Commissioner Gibbons asked if there were windows in the kitchen and whether the building was
air conditioned, explaining that the need to prop open a door or window for ventilation could
cause noise disturbance to the neighbors.
Ms. Rimma Brisker answered that there were no windows in the kitchen and that the building is
served by two air conditioning units.
Commissioner Lowe asked about the lighting program.
Ms. Rimma Brisker advised that the outdoor lighting would be directed toward Winchester
Boulevard.
Chairman Jones asked about surrounding liquor establishments.
Mr. Tim J. Haley advised that Riccardo's has a beer and wine license as does the Russian Deli
and there are general liquor licenses for the restaurants across Winchester.
Commissioner Hernandez asked for clarification of the distance between the project site and the
adjacent apartments.
Mr. Tim J. Haley answered that from the site to the wall them is a 20-foot setback and
approximately a 10-foot setback between the wall and apartments.
Commissioner Lindstrom asked how long this site has been occupied by restaurants.
· Planning Commission Minutes of April 27, 1999
Page 6
Mr. Tim J. Haley answered that the site has been occupied by restaurants for the 20 years he has
been with the City of Campbell.
Commissioner Keams asked about the hours of operation for the previous tenant.
Mr. Tim J. Haley advised that the previous restaurants did not have a Use Permit to operate
beyond 11 p.m.
Mr. Rich Carpenter, Resident, 4 Garrison Drive:
Said that there is not enough parking at the front of the building for a 60-seat restaurant and
that parking would have to occur at the rear of the building.
· Stated that he does not see the need to stay open beyond 11 p.m.
· Said that the trash container is 10 feet from his bedroom window.
Commissioner Francois stated that the Conditions of Approval have explicit standards regarding
noise that will protect the neighbors.
Commissioner Hemandez stated his concern regarding the 2 a.m. closing time. Since employees
are to park at the rear of the restaurant, they likely will make noise as they depart after closing at
2 a.m. Added that 2 a.m. seems late due to the proximity to apartments.
Commissioner Lindstrom agreed with Commissioner Hernandez and suggested that a 12 a.m.
closing time would be better.
Mr. Tim J. Haley:
· Advised that the Commission could approve this use on a temporary basis and have the
applicants come back for final approval.
· Added that the Live Entertainment Permit would go forward to Council once the applicants
apply through the Police Department.
· Informed that the general liquor license and operational hours are final at Planning
Commission level.
Commissioner Lindstrom added that an appeals process is available, that no exterior speakers
would be installed and that he is in support of a 12 a.m. closing time rather than 2 a.m.
Commissioner Lowe added that he concurs with 12 a.m. over 2 a.m.
Commissioner Gibbons advised that noise issues are well handled through the Conditions of
Approval but that the real issue is noise outside and how it is handled. Said that this is a valid
concern and expressed support for a one year trial approval allowing operation to 12 a.m.
Suggested allowing 2 a.m. closings on the 10 special holidays as a trial sample of the impact on
the neighborhood.
Commissioner Keams stated that this was an interested concept.
Planning Commission Minutes of April 27, 1999
Pa~e 7
Mr. Joe Long, 14363 Saratoga Avenue, San Jose:
· Stated that the Conditions of Approval do not really address noise issues outside of the
building.
City Attorney William Seligrnann advised that the Commission can modify the Conditions of
Approval to handle exterior noise issues.
Mr. Tim J. Haley, ASsociate Planner, suggested adding language to Condition 13-D "and/or
surrounding parking areas."
Mr. Bret Carpenter, Resident, 4 Garrision Drive:
· Advised that they can hear cars on Winchester.
· Stated that they are concerned about noises from outside the restaurant rather than noises
from inside.
Commissioner Lindstrom advised that he has an 18-unit apartment complex directly behind his
home and that he hears cars coming and going all the time. Stated that everyone does not work
the same schedule and that he has learned to adjust to the normal noises of people coming and
going from their homes. Added that he was at the project site for 30 minutes today. The site has
been occupied by restaurants for years.
Chairman Jones closed the Public Hearing for Agenda Item No. 1.
Motion:
Upon motion of Commissioner Lindstrom, seconded by Commissioner Lowe,
the Planning Commission adopted Resolution No. 3223 with added language
to Condition No. 2 "up until one year from the date of approval" and to
Condition No. 13-D "and/or surrounding parking areas" approving a
Conditional Use Permit to allow general on-sale liquor sales, hours of
operation to 12 a.m. on Fridays, Saturdays and 10 special holidays and live
entertainment in conjunction with a restaurant (Red Square Restaurant) on
property located at 1740 S. Winchester Bouelvard, by the following roll call
vote:
AYES: Francois, Gibbons, Hernandez, Jones,
Lowe
NOES: None
ABSENT: None
ABSTAIN: None
Kearns, Lindstrom,
This approval is final unless appealed in writing to the City Clerk within 10 days.
Mr. Tim J. Haley advised that the Live Entertainment Permit would be processed by the Police
Department through the City Council.
Attachment #4
RESOLUTION NO. 3223
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (UP
99-01) TO ALLOW AN ON-SALE GENERAL LIQUOR LICENSE, LIVE
ENTERTAINMENT AND OPERATIONAL HOURS TO 12 A.M. IN
CONJUNCTION WITH A RESTAURANT (RED SQUARE
RESTAURANT) ON PROPERTY LOCATED AT 1740 S. WINCHESTER
BOULEVARD IN A C-2-S (GENERAL COMMERCIAL) ZONING
DISTRICT. APPLICATION OF EFIM BRISKER. FILE NO. UP 99-01.
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 99-01:
The proposed restaurant establishment with general on sale liquor sales, live entertainment
and operational hours after 11 p.m. is a permitted with a Use Permit in the C-2-S zoning
district.
2. The proposed restaurant is use which is consistent with the commercial land use designation
of the General Plan and the C-2-S (General Commercial) zoning designation for the site.
3. The proposed on-sale general liquor service, live entertainment permit and late night hours of
operation past 11 p.m. are incidental to the primary function of the site as a restaurant.
The proposed on-sale general liquor service, live entertainment permit and late night hours of
operation in conjunction with the restaurant are consistent with the commercial land use of
the General Plan and the C-2-S zoning designation for the site and other restaurant uses in the
neighborhood.
o
The on-sale general liquor service, live entertainment permit, and late night hours of
operation, subject to the conditions of approval, are compatible with the adjacent land uses
and the surrounding neighborhood.
6. The restaurant with on-sale general liquor service will not result in an over concentration of
such uses in the area.
7. The restaurant as proposed and conditioned will not create a nuisance due to noise, litter,
vandalism, traffic or other factors.
8. The restaurant with on-sale general liquor service and live entertainment will not significantly
disturb the peace and enjoyment of any nearby residential neighborhoods.
Planning Commission Resolution No. 3223
UP 99-01 - 1740 S. Winchester Boulevard
Pa~e 2
9. The restaurant with on-sale general liquor service will not significantly increase the demand
on city services.
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
The establishment of the restaurant 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.
3. The proposed site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic such uses would generate.
4. The proposed establishment is compatible with the adjacent land uses and the surrounding
neighborhood.
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:
COMMUNITY DEVELOPMENT DEPARTMENT
1. Approved Project: Approval is granted for a Conditional Use Permit (UP 99-01) to establish
a 2100 square foot restaurant with a general on-sale liquor license, live entertainment and
operational hours after 11 p.m. on property located at 1740 S. Winchester Blvd. and shall
substantially conform to the project exhibits listed below, except as may be modified by the
Conditions of Approval contained herein:
A. Plot plan dated March 8, 1999, prepared by RB
B. Floor plans dated March 8, 1999, prepared by RB.
C. Applicant's project description 'Rimma's Red Square Restaurant'
Extended hours of operation Hours of operation may be extended in the evening hours to
include remaining open until 12 a.m. on Fridays, Saturdays and Special Holidays (limited to
ten days per calendar year) one year from the date of approval. The Planning Commission
will review the hours of operation at that time.
Planning Commission Resolution No. 3223
UP 99-01 - 1740 S. Winchester Boulevard
Pa~e 3
3. Landscaping: Prior to the issuance of an occupancy permit for the project, the applicant shall
· submit landscaping plans for review and approval by the Community Development Director
that incorporates the following:
~ A. Provision of container planters at the building entrance and renovation of existin~
~x~ planters within the parking area. ~
~ B. Minimum 5 gallon shrubs and ground cover shall be planted within the landscape
N~containers along the building wails facing Winchester Blvd. and raised planters in the
parking area.
Reciprocal Inzress/Ezress A~eement: Prior to the establishment of the restaurant with a
general liquor license and live entertainment, the applicant and/or property owner shall record
a covenant obligating future and existing property owners to enter into an ageement with the
adjacent property owners to the south to participate in the provision of reciprocal
ingress/egress easements to utilize the vehicular parking lot aiong the south side of the
restaurant.
5. On-site Lightinz: Details of project lighting shall be approved by the Community.
Development Director prior to the issuance of building permits.
Buildin~ Division Requirements: Prior to the issuance of building permits, the applicant shall
comply with all Building Code requirements and obtain necessary permits as determined by
the City's Building Division.
Fences/walls: Any newly proposed fencing and/or wail shail comply with Section 21.59.090
of the Campbell Municipai Code and shall be submitted for review and approvai by the
Community Development Department prior to construction.
o
Property Maintenance: The property is to be maintained free of any combustible trash, debris
and weeds until the time that actuai construction commences. All existing structures shall be
secured by having windows boarded up and doors sealed shut, or be demolished or removed
from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). All structures
shall also be required to be maintained free of graffiti. Should graffiti appear on the building,
enclosure walls and/or trash enclosure, the applicant shall take measures to immediately
remove the graffiti.
Location of Mechanical Equipment: No new roof-mounted and/or ground level mechanical
equipment, i.e. air conditioning units, shall be located on or adjacent to the building without
providing screening of the mechanical equipment from public view. Screening material and
method shall require review and approval by the Community Development Director prior to
the installation of such mechanical equipment.
· Planning Commission Resolution No. 3223
UP 99-01 - 1740 S. Winchester Boulevard
Page 4
10.
Utility Boxes and Back-Flow Preventers: Applicant to submit a plan prior to installation of
PG&E utility (transformer) boxes and San Jose Water Company back-flow preventers,
indicating the location of the boxes and screening (if the boxes are above ground) for
approval by the Planning Division.
11.
Trash Disposal/Recycling: The applicant shall provide details regarding the design and
location of trash disposal/recycling facilities necessary to serve the restaurant to be reviewed
and approved by the City prior to the issuance of building permits for the project. The design
of the trash enclosure shall match the building in terms of color and finish.
12.
Signs: Any signs proposed to be erected on site shall require approval of a Sign Permit. A
Sign Permit may be granted upon complete submission of a Sign application and approval by
the Community Development Department, in accordance with the City's Sign Ordinance. No
sign shall be permitted until the application is approved and a permit issued.
13.
Noise:
A. Exterior Doors: All doors providing access from the restaurant to the exterior of the
building shall be self-closing doors and shall not be propped open.
B. Nighttime Exiting: Occupants of the building during nighttime hours after 9 p.m. shall be
required to exit the building from the Winchester Boulevard entrance.
Co
Noise Standard: Any noises, sounds and/or voices, including but not 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.
Do
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
uses in the building and/or surrounding parking areas, may limit the operation 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 the restaurant shall be effective immediately upon
notification by the Community Development Director.
E. Exterior Speakers: No audio sound system, music, public address system or speakers are
permitted outside of the building.
Planning Commission Resolution No. 3223
UP 99-01 - 1740 S. Winchester Boulevard
Pa~e 5
POLICE DEPARTMENT
14. 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.
CENTRAL FIRE DISTRICT:
15. No fire department requirements.
PUBLIC WORKS DEPARTMENT:
16. Utilities: All new on-site Utilities shall be installed underground per Section 20.36.150 of
the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant
shall comply with all plan submittals, permitting, and fee requirements of the serving utility
companies.
17.
Maintenance Security: Prior to issuance of occupancy approval for the site, all public street
improvements required by the street improvement agreement and the encroachment permit
must be completed and accepted by the City and the applicant must provide a one-year
Maintenance Security in an amount of 25% of the Faithful Performance Bond.
18.
Storm Drain Area Fee: If a storm area drainage fee has not been previously paid for this
property, then prior to issuance of any permits for the site, the applicant shall pay the
required Storm Drain Area fee which is $500.
PASSED AND ADOPTED this 27th day of April, 1999, by the following roll call vote:
AYES: Commissioners:
Francois, Gibbons, Hernandez, Jones, Kearns, Lindstrom,
Lowe
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
APPROVED:
B~ad j(~nes, ~C~air - cz.-.>.-
Ti~ J. H/a~yt, Acting ~c~'e-~u-y
Attachment #5
STAFF REPORT - PLANNING COMMISSION MEETING OF
April 27, 1999
UP 99-01
Brisker,
Efim
Public Heating to consider the applications of Mr. Efim Brisker on behalf
of the Red Square Restaurant for approval a Conditional Use Permit (LIP
99-01) to allow an on-sale general liquor license, live entertaiment and
operation hours beyond 11 p.m. in conjunction with an existing restaurant
on property located at 1740 South Winchester Boulevard in the C-2-S
(General Commercial) 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 the establishment of a restaurant within an existing commercial building with
an on-sale general liquor license, live entertainment and late night hours of operation past 11
p.m., subject to the attached Conditions of Approval.
ENVIRONMENTAL DETERMINATION
This project is categorically exempt under Section
CEQA; therefore, no environmental action is required.
15301 classl(a)
(Existing Facilities) of
PROJECT DATA
Site Data:
Net Lot Area:
.20 acres (8,780 square feet)
Site Utilization:
Building Coverage:
Landscape Coverage:
Paving Coverage:
25% 2,200 sq. ft.
1% 70 sq. ft.
74% 6,447 sq. ft.
Building Area:
Existing Commercial Building
FloorAreaRatio (FAR):
Parking:_
Provided:
Required:
Deficit 11 spaces
first floor 21 O0 sq. ft. restaurant (60 seat)
second floor 2200 sq. ft. vacant office
total square ft. 4300 sq. ft.
.50
19 parking spaces
Restaurant 60 seats ~ 1 space per 3 seats =
Office 2200 ~ 1 space for each 225 square feet = __
20.0
9.7
29.7(30)
Staff Report - Planning Commission Meeting of April 27, 1999
UP 99-01 - 1740 South Winchester Boulevard
Page 2
Restaurant:
Hours of Operation:
Monday - Thursday
Friday & Saturday
Sunday
10:30 a.m. to 9:00 p.m.
10:30 a.m. to 2:00 a.m.
10:30 a. m. to 9 p.m.
Banquets/Private Parties:
Friday & Saturdays
Special Holidays/Events
7 p.m. to 2 a.m.
10 a.m. to 2 a.m.
Sun'ounding Uses:
North:
East:
South:
West:
Delicatessen and Offices
Apartments
Drive in restaurant
Church and shopping center
DISCUSSION
Applicant's Proposal: The applicant is requesting approval of a Conditional Use Permit to allow
a general on-sale liquor license, a live entertaiment permit and operational hours after 11 p.m. in
conjunction with a new Russian restaurant on the project site. The existing commercial building
was previously occupied by various restaurant users during the past few years.
The project site is located on the east side of South Winchester Boulevard between Hamilton and
Latimer Avenues. The site is surrounded by a fast-food restaurant to the south, offices and a
delicatessen use to the north, apartments to the east, and a church and a shopping center across
Winchester Boulevard.
ANALYSIS
General Plan Designation: The General Plan land use designation for
commercial. The proposed use is consistent with this land use designation.
the project site is
Zoning Designation: The zoning designation for the project site is C-2-S (General Commercial).
The existing restaurant use is a permitted use within this zoning district. The allowance of
alcohol sales, live entertainment and late operational hours requires approval of a Conditional
Use Permit.
The older commercial building on this property lacks parking and landscaping facilities typically
associated with newer commercial buildings. However, the requested use does not represent an
increase in the size of the building nor an intensification of the previous restaurant use.
Building Design: No architectural changes are proposed with the establishment of this restaurant
use.
Staff Report - Planning Commission Meeting of April 27, 1999
UP 99-01 - 1740 South Winchester Boulevard
Page 3
Parking: The Zoning Ordinance requires 20 parking spaces for the 60 seat restaurant. While the
on-site parking provided is 19 spaces, the applicant additionally owns the adjacent property
which is occupied by a delicatessen. During the evening hours when the restaurant would
demand be highest, the applicant has indicated that the delicatessen parking will be available for
restaurant patrons. A condition of approval requires that an easement be recorded on the
adjacent property allowing ingress, egress and parking for this restaurant.
Landscaping: The existing landscaping in the parking area will be renovated and new planters
will be placed at the entrance to the restaurant.
Conditional Use Permit
Liquor License: In conjunction with the restaurant establishment, an incidental on-sale general
liquor license is requested. The serving of alcoholic beverages for the restaurant use is ancillary
to the primary use of the building as a restaurant. A condition of approval requires compliance
with the State Department of Alcoholic Beverage Control. The provision of a general on-sale
license at this location does not represent an over concentration of liquor establishments in this
neighborhood.
Live Entertainment Permit: The applicant is requesting approval of a live entertainment permit
to allow dancing and live entertainment in conjunction with the restaurant. Staff considers the
requested use incidental to the primary restaurant use and supports its approval. Recommended
conditions of approval require that the applicant process a live entertainment permit through the
Police Department and that noise and traffic associated with live entertainment portions of the
restaurant not interfere with the enjoyment of neighboring residential uses.
Extended Operational Hours: Commercial uses which operate beyond 11 p.m. are required to
received approval of a conditional use permit. The applicant's request to remain open until 2 a.m.
on Fridays, Saturdays and Special Holidays is consider acceptable and typical of many food
service uses in the community.
The location of the major parking area along Winchester Boulevard will minimize any impacts
on adjacent residential uses to the rear of the proposed restaurant.
Police Department Review: The Campbell Police Department has reviewed the application and
has no concerns or objections to the restaurant use with the proposed late night hours of
operation, live entertainment and on-sale general liquor service. The 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.
Staff Report - Planning Commission Meeting of April 27, 1999
LIP 99-01 - 1740 South Winchester Boulevard
Page 4
Site and Architectural Review Committee: The Site and Architectural Review Committee did not
review this application in that no design changes are proposed with the request.
Attachments:
1. Findings for approval of UP 99-01
2. Conditions of Approval for UP 99-01
3. Business Description for the Red Square Restaurant
4. Exhibits
5. Location Map Depict Liquor Establishments within the Vicinity
6. Location Map
Prepared by:
Tim J. Haley, Associate Planner
Approved by:
Sharon Fierro, Senior Planner
Attachment #1
FINDINGS FOR APPROVAL OF FILE NO. UP 99-01
SITE ADDRESS: 1740 South Winchester Boulevard
APPLICANT: Efim Brisker
P.C. MEETING: April 27, 1999
Findings for Approval of a Use Permit (UP 99-01) to allow the establishment of a restaurant
with incidental on-sale general liquor service, live entertainment, and late night hours of
operation past
11 p.m.
The Planning Commission finds as follows with regard to File No. UP 99-01:
The proposed restaurant establishment with general on sale liquor sales, live entertainment
and operational hours after 11 p.m. is a permitted with a Use Permit in the C-2-S zoning
district.
2. The proposed restaurant is use which is consistent with the commercial land use designation
of the General Plan and the C-2-S (General Commercial) zoning designation for the site.
3. The proposed on-sale general liquor service, live entertaiment permit and late night hours of
operation past 11 p.m. are incidental to the primary function of the site as a restaurant.
The proposed on-sale general liquor service, live entertainment permit and late night hours of
operation in conjunction with the restaurant are consistent with the commercial land use of
the General Plan and the C-2-S zoning designation for the site and other restaurant uses in the
neighborhood.
o
The on-sale general liquor service, live entertainment permit, and late night hours of
operation, subject to the conditions of approval, are compatible with the adjacent land uses
and the sun'ounding neighborhood.
6. The restaurant with on-sale general liquor service will not result in an over concentration of
such uses in the area.
7. The restaurant as proposed and conditioned will not create a nuisance due to noise, litter,
vandalism, traffic or other factors.
8. The restaurant with on-sale general liquor service and live entertainment will not
significantly disturb the peace and enjoyment of any nearby residential neighborhoods.
Findings for Approval - Planning Commission Meeting of April 27, 1999
UP 99-01 - 1740 S. Winchester Boulevard
Page 2
10. The restaurant with on-sale general liquor service will not significantly increase the demand
on city services.
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
The establishment of the restaurant 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.
3. The proposed site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic such uses would generate.
4. The proposed establishment is compatible with the adjacent land uses and the surrounding
neighborhood.
Attachment #2
Revised
language in
italics
PLANNING COMMISSION CONDITIONS OF APPROVAL FOR FILE NO. UP 99-01
SITE ADDRESS: 1740 South Winchester Boulevard
APPLICANT: Efim Brisker
P.C. MEETING: April 27, 1999
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. 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
1. Approved Prqiect: Approval is granted for a Conditional Use Permit (LIP 99-01) to establish
a 2100 square foot restaurant with a general on-sale liquor license, live entertainment and
operational hours after 11 p.m. on property located at 1740 S. Winchester Blvd. and shall
substantially conform to the project exhibits listed below, except as may be modified by the
Conditions of Approval contained herein:
A. Plot plan dated March 8, 1999, prepared by RB
B. Floor plans dated March 8, 1999, prepared by RB.
C. Applicant's project description 'Rimma's Red Square Restaurant'
Extended hours of operation Hours of operation may be extended in the evening hours to
include remaining open until 2 a.m. on Fridays, Saturdays and Special Holidays (limited to
ten days per calendar year).
Landscaping: Prior to the issuance of an occupancy permit for the project, the applicant shall
submit landscaping plans for review and approval by the Community Development Director
that incorporates the following:
A. Provision of container planters at the building entrance and renovation of existing planters
within the parking area.
B. Minimum 5 gallon shrubs and ground cover shall be planted within the landscape
containers along the building walls facing Winchester Blvd. and raised planters in the
parking area.
Reciprocal Ingress/Egress Agreement: Prior to the establishment of the restaurant with a general
liquor license and live entertainment, the applicant and/or property owner shall record a covenant
obligating future and existing property owners to enter into an agreement with the Conditions of
Approval -- LIP 99-01 - 1740 South Winchester Boulevard
Page 2
adjacent property owners to the south to participate in the provision of reciprocal
ingress/egress easements to utilize the vehicular parking lot along the south side of the
restaurant.
5. On-site Lighting: Details of project lighting shall be approved by the Community
Development Director prior to the issuance of building permits.
Building Division Requirements: Prior to the issuance of building permits, the applicant shall
comply with all Building Code requirements and obtain necessary permits as determined by
the City's Building Division.
Fences/walls: Any newly proposed fencing and/or wall shall comply with Section 21.59.090
of the Campbell Municipal Code and shall be submitted for review and approval by the
Commtmity Development Department prior to construction.
Property Maintenance: The property is to be maintained free of any combustible trash, debris
and weeds until the time that actual construction commences. All existing structures shall be
secured by having windows boarded up and doors sealed shut, or be demolished or removed
from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). All structures
shall also be required to be maintained free of graffiti. Should graffiti appear on the building,
enclosure walls and/or trash enclosure, the applicant shall take measures to immediately
remove the graffiti.
Location of Mechanical Equipment: No new roof-mounted and/or ground level mechanical
equipment, i.e. air conditioning units, shall be located on or adjacent to the building without
providing screening of the mechanical equipment from public view. Screening material and
method shall require review and approval by the Community Development Director prior to
the installation of such mechanical equipment.
10. Utility Boxes and Back-Flow Preventers: Applicant to submit a plan prior to installation of
PG&E utility (transformer) boxes and San Jose Water Company back-flow preventers,
indicating the location of the boxes and screening (if the boxes are above ground) for
approval by the Planning Division.
11. Trash Disposal/Recycling: The applicant shall provide details regarding the design and
location of trash disposal/recycling facilities necessary to serve the restaurant to be reviewed
and approved by the City prior to the issuance of building permits for the project. The design
of the trash enclosure shall match the building in terms of color and finish.
12. Signs: Any signs proposed to be erected on site shall require approval of a Sign Permit. A
Sign Permit may be granted upon complete submission of a Sign application and approval by
the Community Development Department, in accordance with the City's Sign Ordinance.
No sign shall be permitted until the application is approved and a permit issued.
Conditions of Approval -- UP 99-01 - 1740 South Winchester Boulevard
Page 3
13. Noise:
A. Exterior Doors: All doors providing access from the restaurant to the exterior of the
building shall be self-closing doors and shall not be propped open.
B. Nighttime Exiting: Occupants of the building during nighttime hours after 9 p.m. shall be
required to exit the building from the Winchester Boulevard entrance.
Noise Standard: Any noises, sounds and/or voices, including but not 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.
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
uses in the building, may limit the operation 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 the restaurant shall be effective immediately upon notification by the
Community Development Director.
E. Exterior Speakers: No audio sound system, music, public address system or speakers are
permitted outside of the building.
POLICE DEPARTMENT
14. 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.
CENTRAL FIRE DISTRICT:
15. No fire department requirements.
PUBLIC WORKS DEPARTMENT:
16. Utilities: All new on-site Utilities shall be installed underground per Section 20.36.150 of
the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant
shall comply with all plan submittals, permitting, and fee requirements of the serving utility
companies.
Conditions of Approval -- LIP 99-01 - 1740 South Winchester Boulevard
Page 4
17.
Maintenance Security: Prior to issuance of occupancy approval for the site, all public street
improvements required by the street improvement agreement and the encroachment permit
must be completed and accepted by the City and the applicant must provide a one-year
Maintenance Security in an amount of 25% of the Faithful Performance Bond.
18.
Storm Drain Area Fee: If a storm area drainage fee has not been previously paid for this
property, then prior to issuance of any permits for the site, the applicant shall pay the
required Storm Drain Area fee which is $500.
CITY OF CAMPBELL
Community Development Department - Current Planning
March 30, 2001
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, April, 2001, in the City Hall Council Chambers, 70
North First Street, Campbell, California, for a Public Hearing to conduct a one-year review of a
previously-approved Conditional Use Permit CUP 99-01) relative to an on-sale general liquor
license, live entertainment and operational hours beyond 11 p.m. in conjunction with an existing
restaurant (Nevsky's Restaurant) on property located at 1740 S. Winchester Boulevard in a C-
2-S General Commercial) 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
SHARON FIERRO
SECRETARY
PLEASE NOTE:
When calling about this Notice,
please refer to File No. LIP 99-01
Address: 1740 S. Winchester Boulevard
70 North First Street · Campbell, California 95008-1436 · TEL 408.866.2140 · F^X 408.866.8381 - TDD 408.866.2790