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UP - La Pizzeria - 2006March 2, 2006 Mr. Giuseppe "Pino" Spanu 282 Burning Tree San Jose, CA 95119 Re: PLN2006-02 -- 373 E. Campbell Avenue -- Use Permit - La Pizzeria Dear Applicant: Please be advised that at its meeting of February 28, 2006, the Planning Commission adopted Resolution No. 37~ approving a Conditional Use Permit (PLN2006-02) to allow a general on-sale liquor license and late night activities in conjunction with a restaurant (La Pizzeria) 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, March 10, 2006. The time within which judicial review of this action must be sought is governed by Section 1094.6 of the California Code of Civil Procedure, unless another statute (such as California Government Code Section 65009 or some other applicable provision) sets forth a more specific time period. If you have any questions, please do not hesitate to contact me at (408) 866-2140. Sincerely, Melinda Denis Planner I cc: Jeff Wyatt (Property Owner) 14577 Big Basin Way, #2A Saratoga, CA 95070 Frank Mills, Building Chris Veargason, Fire Ed Arango, Public Works Rich Shipman, Police 70 North First Street. Campbell, California 95008-1436 . TEL 408.866.2140 . FAX 408.866.8381 . TDD 408.866.2790 RESOLUTION NO. 3708 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2006-02) TO ALLOW A GENERAL ON-SALE LIQUOR LICENSE AND LATE NIGHT ACTIVITIES IN CONJUNCTION WITH A RESTAURANT (LA PIZZERIA) ON PROPERTY OWNED BY MR. JEFF WYATT LOCATED AT 373 E. CAMPBELL AVENUE IN THE C- 3-S (CENTRAL BUSINESS DISTRICT) ZONING DISTRICT. APPLICATION OF MR. GIUSEPPE SPANU. FILE NO: PLN2006-02. 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 PLN2006-02: 1. The proposed general on-sale liquor license and late night activities in conjunction with a restaurant is consistent with the Central Commercial General Plan land use designation. 2. The proposed general on-sale liquor license and late night activities for a restaurant will be compatible with the C-3 (Central Business District) zoning designation with approval of a Conditional Use Permit. 3. The project site consists of a 1,623 square foot restaurant in an existing multi-tenant commercial building. 4. The project site is located on the north side of East Campbell Avenue, between Central Avenue and the railroad tracks in Downtown. The property is surrounded by commercial uses on the north, south, east and west sides. 5. The proposed project is consistent with other developments and uses in the surrounding area. 6. No exterior modifications to the building are proposed in conjunction with the proposed late night activities. 7. The Police Department has not expressed a concern with the proposed project. 8. The hours of operation shall be restricted to 8:00 a.m. to 12:00 a.m. Sunday through Wednesday and 8:00 a.m. to 2:00 a.m. Thursday through Saturday. 9. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA). Planning Commission Resolution No. 3708 PLN2006-02 -- 373 E. Campbell Avenue -- Use Permit - La Pizzeria Page 2 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. 2. The proposed use is allowed within the applicable zoning district with Conditional Use Permit approval, and complies with all other applicable provisions of this Zoning Code and the Municipal Code. 3. The proposed site is adequate in terms of size and shape to accommodate the fences and walls, landscaping, parking and loading facilities, yards, and other development features required in order to integrate the use with uses in the surrounding area. 4. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic the use would be expected to generate. 5. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses on-site and in the vicinity of the subject property. 6. The establishment, maintenance, or operation of the proposed use at the location proposed will not be detrimental to the comfort, health, morals, peace, safety, or general welfare of persons residing or working in the neighborhood of the proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. 7. The establishment of a general on-sale liquor license will not result in an over concentration of such uses in the area. 8. The establishment of a general on-sale liquor license will not create a nuisance due to litter, noise, traffic, vandalism, or other factors. 9. The establishment of a general on-sale liquor license will not significantly disturb the peace and enjoyment of the nearby residential neighborhood. 10. The establishment of a general on-sale liquor license will not significantly increase the demand on City services. 11. 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. Planning Commission Resolution No. 3708 PLN2006-02 -- 373 E. Campbell Avenue -- Use Permit - La Pizzeria Page 3 12. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit (PLN2006-02) to allow a general on-sale liquor license and late night activities in conjunction with a restaurant (La Pizzeria) on property owned by Mr. Jeff Wyatt located at 373 E. Campbell Avenue in a C-3.S (Central Business District) 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. COMMUNITY DEVELOPMENT DEPARTMENT Planning Division 1. ADD roved Proiect: Approval is granted for a Conditional Use Permit (PLN2006-02) to allow a general on-sale liquor license and late night activities for a restaurant (La Pizzeria) located at 373 E. Campbell Avenue. The project shall substantially conform to the plans received by the Planning Division on January 10, 2006 and project description received on January 12, 2006, except as may be modified by the conditions of approval contained herein. Food service, including full menu selection, shall be available and provided at all times during business operational hours. 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: If operation of the use is in violation of the Conditional Use Permit or any standards, codes or ordinances of the City of Campbell, the Community Development Director may immediately modify the hours of operation and/or limit the extended hours of operation, subject to the project being brought back to the Planning Commission for review for consideration of revocation of the Conditional Use Permit. ~. Planning Commission Resolution No. 3708 PLN2006-02 -- 373 E. Campbell Avenue -- Use Permit - La Pizzeria Page 4 4. Business Operational Hours: The hours of operation shall be restricted to 8:00 a.m. to 12:00 a.m. Sunday through Wednesday and 8:00 a.m. to 2:00 a.m. Thursday through Saturday. The closing time shall mean the business is closed and all employees have exited the building. 5. Property Maintenance: The owner/operator of the subject property shall maintain all exterior areas of the business free from graffiti, trash, rubbish, posters and stickers placed on the property. 6. Sianaae: No signage is approved as part of the development application approved herein. All signage shall be installed and maintained consistent with the provision of the Sign Ordinance, Chapter 21.30 of the Campbell Municipal Code. 7. Liauor License: The applicant shall obtain a license for a Type 47 (On-Sale General License for Bona Fide Public Eating Place) from the State Department of Alcoholic Beverage Control prior to the sale of alcoholic beverages. 8. Location of Mechanical Eauioment: No roof-mounted mechanical equipment (Le. air conditioning units, ventilation ducts or vents), shall be added to the existing building without providing screening of the mechanical equipment from public view and surrounding properties. The screening material and method shall be architecturally compatible with the building and requires review and approval by the Community Development Director and Building Division prior to installation of such screening. 9. Loiterino: There shall be no loitering allowed outside the business in the rear parking lot or the side parking lot areas. 10. Outdoor Storaoe: No outdoor storage is permitted on the subject property. No equipment, materials or business vehicles shall be parked and/or stored outside the building or within the parking lot. 11. Outdoor Seatina Permit: The applicant shall obtain an Outdoor Seating and Display Permit by the Community Development Director, per Section 21.10.060(H) of the Campbell Municipal Code. 12. Noise: a. Noise Standard: Any noises. sounds and/or voices, including but not limited to amplified sounds, loud speakers, sounds from audio sound systems, music, and/or public address system, generated by the subject use shall not be audible to a person of normal hearing capacity from any residential property. b. Noise Manaaement: In the event complaints are received by the City regarding noise, the Community Development Director may immediately modify the hours of operation and/or limit the extended hours of operation, subject to the project being brought back to the Planning Commission for review. Planning Commission Resolution No. 3708 PLN2006-02 - 373 E. Campbell Avenue -- Use Permit - La Pizzeria Page 5 c. Back Door: The back door to the business leading to the rear parking area shall be closed at all times during business hours. 13. Trash & Clean UD: Trash and clean up shall not be done in the evening or early morning hours. All trash and clean up shall be done between 8:00 a.m. and 6:00 p.m. daily. 14. Parkina and Drivewavs: All parking and driveway areas shall be maintained in compliance with the standards in Chapter 21.28 (Parking & Loading) of the Campbell Municipal Code. PASSED AND ADOPTED this 28th day of February, 2006, by the following roll call vote: AYES: Commissioners: Alderete, Doorley, Ebner, Francois, Gibbons, Rocha and Roseberry None None None APPROVED: R;k ~ (~ Bob Alderete, Chair - NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: ATTEST: ITEM NO.2 CITY OF CAMPBELL' PLANNING COMMISSION Staff Report. February 28, 2006 PLN2006-02 Spanu, G. Public Hearing to consider the application of Mr. Giuseppe Spanu, on behalf of Mario Corporation, for a Conditional Use Permit (PLN2006-02) to allow a general on-sale liquor license and late night activities for a restaurant (La Pizzeria) on property owned by Mr. Jeff Wyatt located at 373 E. Campbell Avenue in the C-3-S (Central Business District) Zoning District. STAFF RECOMMENDATION That the Planning Commission take the following action: 1. Adopt a Resolution, incorporating the attached findings, approving a Conditional Use Permit (PLN2006-02) to allow a general on-sale liquor license and late night activities for a restaurant (La Pizzeria), subject to the attached conditions of approval. ENVIRONMENTAL DETERMINATION Staff recommends that the Planning Commission find that this project is Categorically Exempt under Section 15301, Class 1 of the California Environmental Quality Act (CEQA), pertaining to minor alterations to existing private structures. PROJECT DATA Net Lot Area: 3,200 square feet (0.07 acres) Site Utilization: Building Coverage: Landscape Coverage: Paving Coverage: 3,007 square feet (94%) 57 square feet (2%) 136 square feet (4%) Subject Tenant Space: 1,623 square feet Proposed Hours of Operation: 11 :00 a.m. to 2:00 a.m. daily Surrounding Uses: North: South: East: West: Commercial Commercial Commercial Commercial Staff Report ~ Planning tummission Meeting of February 28,2006 PLN2006-02 ~ 373 E. Campbell Avenue Page 2 of3 DISCUSSION Applicant's Proposal: The applicant is requesting approval of a Conditional Use Permit to allow a general on-sale liquor license and late night activities for a restaurant (La Pizzeria) located in Downtown Campbell at 373 E. Campbell Avenue. Proiect Location: The project site is located on the north side of East Campbell Avenue, between Central Avenue and the railroad tracks in Downtown. The property is surrounded by commercial uses on the north, south, east and west sides. Background: The subject property is currently developed with a single-story, multi-tenant commercial building constructed in approximately 1958. There are currently two tenant spaces in the building that are occupied by La Pizzeria, and The Grapevine (formerly The Wine Library). The Planning Commission approved a Conditional Use Permit for the adjacent tenant to the west, Katie Blooms, on January 27, 1998 to allow a general on-sale liquor license and late night activities daily until 2:00 a.m. Additionally, the Planning Commission approved a Conditional Use Permit for the adjacent tenant to the east, The Wine Library, on October 30,2001 to allow a general on-sale and off-sale beer and wine license. ANALYSIS General Plan Designation: The General Plan land use designation for the project site is Central Commercial. The proposed general on-sale liquor license and late night activities in conjunction with a restaurant are consistent with this land use designation. Zoning Designation: The zoning designation for the project site is C-3 (Central Business District). The C-3 Zoning District allows a liquor license and late night activities with approval of a Conditional Use Permit. The proposed project would be consistent with the Zoning Ordinance with approval of a Conditional Use Permit. Liquor License: Businesses that offer on-sale general liquor sales are required to obtain a Conditional Use Permit. Issues for review by the Planning Commission include the compatibility of the proposed use with the surrounding uses and properties, the potential over concentration of similar liquor establishments, and the operational characteristics of the requested use. The proposed on-sale general liquor sales would be for consumption on site and would not be available to take off site. Staff finds that the proposed liquor sales is incidental to the restaurant operation, is compatible with the surrounding uses and properties within the Downtown, and does not represent an over concentration of such establishments. The attached table lists the other businesses in the Downtown that have approval for a general on-sale liquor license. (Attachment #4). Late Night Activities: The applicant is requesting approval to operate a restaurant between the hours of 11 :00 a.m. to 2:00 p.m. daily. - Staff Report ~ Planning Cummission Meeting of February 28,2000 PLN2006-02 ~ 373 E. Campbell Avenue Page 3 of3 Staff is proposing to modify the requested hours of operation until 12:00 a.m. Sunday through Wednesday instead of 2:00 a.m. The attached table lists the other businesses in the Downtown that have approval to operate past 11 :00 p.m. (Attachment #4). The modified hours of operation are reflected in the recommended conditions of approval. Redevelopment Agency Review: The Redevelopment Agency has reviewed the application and is supportive of the proposed general on-sale liquor license and late night activities but recommends that the requested hours of operation be modified to 12:00 a.m., Sunday through Wednesday instead of2:00 a.m. Police Department Review: The Campbell Police Department has reviewed the application and has no concerns or objections to the proposed general on-sale liquor license and late night activities in conjunction with the restaurant use. Site and Architectural Review Committee: The Site and Architectural Review Committee did not review this application, as there are no proposed changes to the exterior of the building or site configuration. Attachments: 1. Findings for Approval of File No. PLN2006-02 2. Conditions of Approval for File No. PLN2006-02 3. Applicant's Business Description 4. Downtown Businesses Table 5. Exhibits 6. Location Map Prepared by: ~ 'j!f1.k~~ Me inda M. Denis, Planner I Approved by: Attachment # 1 FINDINGS FOR APPROVAL OF FILE NO. PLN2006-02 SITE ADDRESS: APPLICANT: P.C. MEETING: 373 E. Campbell Avenue Giuseppe Spanu, on behalf of Mario Corporation February 28, 2006 Findings for approval of a Conditional Use Permit to allow a !!eneral on-sale liquor license and late night activities for a restaurant on propertv located at 373 E. Campbell Avenue. The Planning Commission finds as follows with regard to file number PLN2006-02: 1. The proposed general on-sale liquor license and late night activities in conjunction with a restaurant is consistent with the Central Commercial General Plan land use designation. 2. The proposed general on-sale liquor license and late night activities for a restaurant will be compatible with the C-3 (Central Business District) zoning designation with approval of a Conditional Use Permit. 3. The project site consists of a 1,623 square foot restaurant III an existing multi-tenant commercial building. 4. The project site is located on the north side of East Campbell Avenue, between Central Avenue and the railroad tracks in Downtown. The property is surrounded by commercial uses on the north, south, east and west sides. 5. The proposed project is consistent with other developments and uses in the surrounding area. 6. No exterior modifications to the building are proposed in conjunction with the proposed late night activities. 7. The Police Department has not expressed a concern with the proposed project. 8. The hours of operation shall be restricted to 8:00 a.m. to 12:00 p.m. Sunday through Wednesday and 8:00 a.m. to 2:00 a.m. Thursday through Saturday. 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. 2. The proposed use is allowed within the applicable zoning district with Conditional Use Permit approval, and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Attachment # 1 Page 2 of2 3. The proposed site is adequate in terms of size and shape to accommodate the fences and walls, landscaping, parking and loading facilities, yards, and other development features required in order to integrate the use with uses in the surrounding area. 4. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic the use would be expected to generate. 5. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses on-site and in the vicinity of the subject property. 6. The establishment, maintenance, or operation of the proposed use at the location proposed will not be detrimental to the comfort, health, morals, peace, safety, or general welfare of persons residing or working in the neighborhood of the proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. 7. The establishment of a general on-sale liquor license will not result in an over concentration of such uses in the area. 8. The establishment of a general on-sale liquor license will not create a nuisance due to litter, noise, traffic, vandalism, or other factors. 9. The establishment of a general on-sale liquor license will not significantly disturb the peace and enjoyment ofthe nearby residential neighborhood. 10. The establishment of a general on-sale liquor license will not significantly increase the demand on City services. 11. 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. 12. 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. PLN2006-02 SITE ADDRESS: APPLICANT: P.c. MEETING: 373 E. Campbell Avenue Giuseppe Spanu, on behalf of Mario Corporation February 28, 2006 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. Where approval by the Community Development Director, 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 1. Approved Proiect: Approval is granted for a Conditional Use Permit (PLN2006-02) to allow a general on-sale liquor license and late night activities for a restaurant (La Pizzeria) located at 373 E. Campbell Avenue. The project shall substantially conform to the plans received by the Planning Division on January 10, 2006 and project description received on January 12, 2006, except as may be modified by the conditions of approval contained herein. Food service, including full menu selection, shall be available and provided at all times during business operational hours. 2. Conditional Use Permit Approval Expiration: The Conditional Use Permit approval shall be valid for one year from the date of final approval. Within this one-year period the use must be established on the property and the conditions of approval satisfied. 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 ofthe Conditional Use Permit by the Planning Commission. 4. Business Operational Hours: The hours of operation shall be restricted to 8:00 a.m. to 12:00 p.m. Sunday through Wednesday and 8:00 a.m. to 2:00 a.m. Thursday through Saturday. The closing time shall mean the business is closed and all employees have exited the building. 5. Property Maintenance: The owner/operator of the subject property shall maintain all exterior areas of the business free from graffiti, trash, rubbish, posters and stickers placed on the property. 6. Signage: No signage is approved as part of the development application approved herein. All signage shall be installed and maintained consistent with the provision of the Sign Ordinance, Chapter 21.30 of the Campbell Municipal Code. Attachment #2 Page 2 of2 7. Liquor License: The applicant shall obtain a license for a Type 47 (On-Sale General License for Bona Fide Public Eating Place) from the State Department of Alcoholic Beverage Control prior to the sale of alcoholic beverages. 8. Location of Mechanical Equipment: No roof-mounted mechanical equipment (i.e. air conditioning units, ventilation ducts or vents), shall be added to the existing building without providing screening of the mechanical equipment from public view and surrounding properties. The screening material and method shall be architecturally compatible with the building and requires review and approval by the Community Development Director and Building Division prior to installation of such screening. 9. Loitering: There shall be no loitering allowed outside the business in the rear parking lot or the side parking lot areas. 10. Outdoor Storage: No outdoor storage is permitted on the subject property. No equipment, materials or business vehicles shall be parked and/or stored outside the building or within the parking lot. 11. Outdoor Seating Permit: The applicant shall obtain an Outdoor Seating and Display Permit by the Community Development Director, per Section 21.1O.060(H) of the Campbell Municipal Code. 12. Noise: a. Noise Standard: Any noises, sounds and/or voices, including but not limited to amplified sounds, loud speakers, sounds from audio sound systems, music, and/or public address system, generated by the subject use shall not be audible to a person of normal hearing capacity from any residential property. b. Noise Management: In the event complaints are received by the City regarding noise, the Community Development Director may immediately modify the hours of operation and/or limit the extended hours of operation, subject to the project being brought back to the Planning Commission for review. c. Back Door: The back door to the business leading to the rear parking area shall be closed at all times during business hours. 13. Trash & Clean Up: Trash and clean up shall not be done in the evening or early morning hours. All trash and clean up shall be done between 8:00 a.m. and 6:00 p.m. daily. 14. Parking and Drivewavs: All parking and driveway areas shall be maintained in compliance with the standards in Chapter 21.28 (Parking & Loading) of the Campbell Municipal Code. Attachment #3 To: 'City of Campbell RE: Mario Corporation 373 E. Campbell Ave. Campbell, CA 95008 RECEIVED JAN 1 2 2006 CPJ.nklg~~~1:LI. Letter of Intended Operation: . To Whom It May Concern: Mario Corporation, has -completed the remodel of the premises listed at the above address. The premises is located on a main througbfare in downtowft Campbell and is located in a desirable area which is frequented by nearby neighbors and smrounding-eommunities. The' restaurant will be an upscale pizzeria that will serve a variety of pizza's that are commonly found in Italy ~d are very different from the pizza served in pizzerias throughout the bay area. The food served win also include side dishes that-are commonly served in Italy as part of their Italian fare. Salads, desserts, coffee and cocktails will also be offered to the clientai dining at oW" estabJismnent. The premises has a Wlique very upscale decor which includes CIystal , chandeliers, and has the more fonnal atmosph~re that is lacking iQ the average pizza restaurant. We have been business owners in the City of Campbell and Licensees at "A 'Bellagio 'Restaurant" since 'February 24, 2004 and have an excellent reputation with the City of Camp~ll and also with the Department of Alcoholic Beverage ControL Our patrons enjoy a cocktail prior to their dinner and an after dinner drink with their'coffee, therefore, we are requesting approval of our pending type 47 License. We wish to be ' competitive with other restaurants in the city, and also provide our patrons with a unique and different dining experienc.e. The' location of our 'premises is ideal for ourtype of operation and there are no residents or consideration points that will be adversely atfected by ~ur . restSW'8Ilt operation. We believe that we can provide an excellent and safe environment for our patrons and also provide a'service of a great meal and cocktails at a 'OJle stop location. , - Om- hours of operation will be from 11 ~OO A.M. to 2:00 A.M. We will'be a low key operation that will cater to our neighbors in Campbell and also the nearby communities that enjoy visiting the unique downtown atmosphere . that is offered. We will not offer dancing or entertainment that will disturb any of the nearby neighboring operations. We hope to open a very successful and unique establishment that will be enjoyed by families with children and adults as well. We look forWard to a favorable and positive response from the .City .and.hope that we can proceed with. the operation of the premises as planned. Sincerely, Hongyu Gui - Giuseppe Spanu for . Marlo' Corporation. \-\0- ~