Use Permit - Bardas - 2003CITY OF CAMPBELL
Community Development Department
CAMPBELL
May 15, 2003
F. Barda, Inc.
1820-B W. Campbell Avenue
Campbell, CA 95008
Re: PLN2003-31- 1820 W. Campbell Avenue - Use Permit
Dear Applicant:
Please be advised that at its meeting of May 13, 2003, the Planning Commission adopted
Resolution No. 3491 approving a Conditional Use Permit to allow on-site sale of beer and wine,
late night operational hours and live entertainment within an existing coffee shop (Barda's
Coffee & Caf6) 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, May 23, 2003. California Code of Civil Procedure, Section 1094.6, governs the
time within which judicial review of this decision must be sought.
If you have any questions, please do not hesitate to contact me at (408) 866-2140.
Sincerely,
Melinda Denis
Planner I
Cc~
Lynn Penoyer, Public Works
Frank Mills, Building
Chris Veargason, County Fire
Kirkorian Development (Property Owners)
1630 W. Campbell Avenue
Campbell, CA 950098
70 North First Street . Campbell, California 95OO8-1436 - TEL 408.866.2 140 · FAX 408.871.5 140 - TDI) 408.866.2790
RESOLUTION NO. 3491
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A MODIFICATION (PLN2003-31)
TO A PREVIOUSLY-APPROVED CONDITIONAL USE PERMIT (UP
95-18) TO ALLOW ON-SALE BEER AND WINE, LATE NIGHT
OPERATIONAL HOURS AND LIVE ENTERTAINMENT WITHIN AN
EXISTING COFFEE SHOP (BARDA'S COFFEE & CAFI~) ON
PROPERTY OWNED BY KIRKORIAN DEVELOPMENT LOCATED
AT 1820 W. CAMPBELL AVENUE IN A C-1-S (NEIGHBORHOOD
COMMERCIAL) ZONING DISTRICT. APPLICATION OF MR. FRANK
BARDASCINO. FILE NO. PLN2003-31.
After notification and public hearing, as specified by law, and after presentation by the
Community Development Director, proponents and opponents, the heating was closed.
After due consideration of all evidence presented, the Planning Commission did find as follows
with respect to application PLN2003-31:
1. The proposed on-site sale of beer and wine, late night operational hours and live
entertainment within an existing coffee shop and caf6 are consistent with the Neighborhood
Commercial land use designation of the General Plan and the C-1-S (Neighborhood
Commercial) zoning designation for the site.
o
The proposed on-site sale of beer and wine, late night hours of operation to 12 a.m. (7 days
per week) and live entertainment, in the form of solo artists and two to three piece bands are
incidental to the primary function of the site as a coffee shop and caf6.
o
The existing shared parking facilities of the shopping center will adequately address the
parking needs of the subject site given that no additional seating will be added to the coffee
shop and caf6 in conjunction with the addition of the on-site sale of beer and wine, late night
hours of operation past 11 p.m. and live entertainment uses.
The proposed on-site sale of beer and wine, late night operational hours and live
entertainment, subject to the conditions of approval, is compatible with the adjacent land uses
and the surrounding neighborhood.
5. The establishment of on-site sale of beer and wine service will not result in an over
concentration of such uses in the area.
6. The establishment will not create a nuisance due to noise, litter, vandalism, traffic or other
factors.
7. The establishment of a beer and wine license will not significantly disturb the peace and
enjoyment of any nearby residential neighborhoods.
Planning Commission Resomdon No. 3491
PLN2003-31 - 1820 W. Campbell Avenue-Modification to Conditional Use Permit
Page :2
8. The coffee shop and caf6 with beer and wine service will not significantly increase the
demand on City services.
o
All findings and conditions of approval under the previously approved Use Permit (UP 95-
18) for the existing coffee shop and caf6 are included as part of the approval for the
Modification, unless herein modified, and shall remain in effect.
10. The project qualifies as a Categorically Exempt project per Section 15301, Class l(a)
(Existing Facilities) of the California Environmental Quality Act (CEQA).
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
The establishment of on-site sale of beer and wine, late night operational hours and live
entertainment in conjunction with an existing coffee shop and caf6 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.
The proposed site is adequate in size and shape to accommodate the proposed use and the
applicant has indicated that appropriate supervision will be provided to conduct the business
in a complementary manner.
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, as conditioned, is compatible with the adjacent land uses and
the surrounding neighborhood.
5. There is a reasonable relationship between the use of the fees imposed upon the project and
the type of development project.
No substantial evidence has been presented which shows that the project, as currently
presented and subject to the required conditions of approval, will have a significant adverse
impact on the environment.
7. There is a reasonable relationship and a rough proportionality between the Conditions of
Approval and the impacts of the project.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves a
Modification (PLN2003-31) of a previously-approved Conditional Use Permit (LIP 95-18) to
allow on-site sale of beer and wine, late night operational hours and live entertainment within an existing
Planning Commission Resm~,L~on No. 3491
PLN2003-31 - 1820 W. Campbell Avenue-Modification to Conditional Use Permit
Page 3
coffee shop (Barda's Coffee & Caf6) on property owned by Kirkorian Development located at 1820 W.
Campbell Avenue, subject to the following conditions:
Where approval by the Director of Community Development, City Engineer, Public Works
Director, City Attorney or Fire Department is required, that review shall be for compliance with
all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and
regulations and accepted engineering practices for the item under review. Additionally, the
applicant is hereby notified that he/she is required to comply with all applicable Codes or
Ordinances of the City of Campbell and the State of California that pertain to this development
and are not herein specified.
COMMUNITY DEVELOPMENT DEPARTMENT
Approved Project: Approval is granted for a Modification (PLN2003-31) to a previously-
approved Use Permit (UP 95-18) to allow on-site sale of beer and wine, late night operational
hours and live entertainment within an existing coffee shop and caf6 on property located at
1820 W. Campbell Avenue. Approval shall substantially conform to the project exhibits
listed below, except as may be modified by the Conditions of Approval contained herein.
A. Plot plan illustrating the location of the 1,725 square foot tenant space.
B. Floor plans depicting the tenant space.
C. Applicant's project description.
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 conditions of approval satisfied. Failure to establish such use within one year
from the date of final approval or to satisfy the conditions of approval will result in the
Conditional Use Permit being void.
Revocation of Permit: Operation of the use in violation of the Conditional Use Permit or any
standards, codes, or ordinances of the City of Campbell shall be grounds for consideration of
revocation of the Conditional Use Permit by the Planning Commission.
Liquor license: Applicant shall file and complete processing of the beer and wine license
through the State of California Department of Alcoholic Beverage Control prior to the sale of
any beverages.
Hours of Operation: The hours of operation shall be restricted to:
6:00 a.m. to 12:00 a.m. daily
Previous Conditions of Approval: All previous conditions of approval shall remain in effect
as stipulated in Planning Commission Resolution No. 3003 and 3004 for approval of the Use
Permit (UP 95-18), except as herein modified by the conditions of approval for the
Modification.
Planning Commission ResoJ,.aon No. 3491
PLN2003-31 - 1820 W. Campbell Avenue-Modification to Conditional Use Permit
Page 4
Noise:
A. 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 from the coffee shop and cafe shall not be
audible to a person of normal hearing acuity from any residential property.
Bo
Noise Management: In the event complaints are received by the City regarding noise, the
Community Development Director, upon confirmation that the noises are generated by
uses from the coffee shop and caf6, may limit the operational hours of the uses for the
coffee shop and caf6 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 coffee shop and caf6 shall be effective
immediately upon notification by the Community Development Director.
C. Exterior Speakers: No audio sound system, music, public address system, and/or speakers
is allowed under the Conditional Use Permit.
D. Exterior Doors: All exterior doors shall be kept closed and unlocked during the live
entertainment.
POLICE DEPARTMENT
8.
Live Entertainment Permit: The applicant shall obtain 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.
PASSED AND ADOPTED this 13th day of May, 2003, by the following roll call vote:
AYES: Commissioners: Alderete, Doorley, Francois, Gibbons, Hernandez, Jones
and Rocha
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
ATTEST:
APPROVED:
Sharon Fierro, Secretary
Joseph Hernandez, Chair
ITEM NO. 4
STAFF REPORT - PLANNING COMMISSION MEETING OF
MAY 13, 2003
PLN2003-31
Bardascino, F.
Public Heating to consider the application of Mr. Frank Bardascino for a
Modification (PLN2003-31) to a previously-approved Conditional Use
Permit (UP 95-18) to allow on-site sale of beer and wine, late night
operational hours and live entertainment within an existing coffee shop and
caf6 (Barda's Coffee & Caf6) on property owned by Kirkorian Development
located at 1820 W. Campbell Avenue in a C-1-S (Neighborhood
Commercial) Zoning District.
STAFF RECOMMENDATION
That the Planning Commission take the following action:
Adopt a Resolution, incorporating the attached findings, approving a Modification (PLN2003-
31) to a previously-approved Use Permit (UP 95-18) to allow on-site sale of beer and wine, late
night operational hours and live entertainment within an existing coffee shop and caf6, 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 (a) (Existing Facilities) of the California Environmental Quality Act.
PROJECT DATA
Site Data:
Net Lot Area:
.44 acres 19,437 sq. ft.
Site Utilization:
Building Coverage:
Landscape Coverage:
Paving Coverage:
23% 4,464 sq. ft.
30% 5,890 sq. ft.
47% 9,083sq. ft.
Building Area:
Multi-tenant retail building:
Tenant space:
4,455 sq. ft.
1,725 sq. ft. (39 %)
Floor Area Ratio (FAR):
.23
Seating Capacity:
60 (indoor) + 20 (outdoor) = 80 total seats
Operational Hours: 6 a.m. to 12 a.m. (daily)
Staff Report -- Planning Cm~mission Meeting of May 13, 2003
PLN 2003-31 -- 1820 W. Campbell Avenue
Pa~;e 2 of 3
DISCUSSION
Applicant's Proposal: The applicant, Frank Bardascino, is requesting approval of a Modification
(PLN 2003-31) to a previously-approved Use Permit (UP 95-18) to allow on-site sale of beer and
wine, late night operational hours and live entertainment within an existing coffee shop and caf6
(Barda's Coffee & Caf6) located at 1820 W. Campbell Avenue.
The coffee shop and caf6 is located in a tenant space within the Kirkwood Plaza Shopping Center
adjacent to Kirkwood Animal Hospital. The shopping center is located on the southwest comer
of San Tomas Aquino Road and West Campbell Avenue and is surrounded by commercial uses
and single-family residences to the north, multiple-family residences to the south, multiple-
family residences to the east and various commercial uses to the west.
Background: The Planning Commission previously approved a Conditional Use Permit (UP 95-
18) for the coffee shop and caf& On-sale general liquor sales was previously approved for the
coffee shop and caf6 but was never established and the Conditional Use Permit expired.
ANALYSIS
General Plan Designation: The General Plan land use designation for the project site is
Neighborhood Commercial. The proposed addition of on-site sale of beer and wine, late night
operational hours and live entertainment within the existing coffee shop and caf6 are consistent
with this land use designation.
Zoning Designation: The zoning designation for the project site is C-1-S (Neighborhood
Commercial). The addition of on-site sale of beer and wine, late night operational hours and live
entertainment within the existing coffee shop and caf6 are permitted under the zoning ordinance
with approval of a Conditional Use Permit.
Beer and Wine Sales: Businesses that offer on-site beer and wine sales are required to obtain a
Conditional Use Permit. Issues reviewed by the Planning Commission include the compatibility
of the proposed use with the surrounding use and neighborhood, the potential over concentration
of similar liquor establishments, and the operational characteristics of the requested use. Staff
finds that the proposed beer/wine license is incidental to the coffee shop and caf6 operation and
is of appropriate scale and is compatible with the surrounding uses and properties. Consequently,
staff is supporting the applicant's request.
Extended Operational Hours: Commercial uses which operate beyond 11:00 p.m. are required to
receive approval of a Conditional Use Permit. The applicant is requesting approval to extend the
hours of operation of the coffee shop and caf6 to 12:00 a.m. 7 days per week. Due to the location
of the coffee shop and caf6 within an existing commercial shopping center and the distance of the
site from residential uses, staff does not anticipate that the extended hours of operation will
impact the surrounding residential neighborhood relative to noise and traffic.
A condition of approval has been added that provides for review of the Conditional Use Permit,
upon receipt of verified complaints, by the Planning Commission. If staff is unable to
immediately resolve the matter with the business owner, the Community Development Director
Staff Report -- Planning Commission Meeting of May 13, 2003
PLN 2003-31 -- 1820 W. Campbell Avenue
Page 3 of 3
may immediately modify the hours of operation and/or limit the live entertainment, subject to an
appeal to the Planning Commission by the business owner.
Live Entertainment Permit: The applicant is requesting approval to allow live entertainment in
the form of solo artist and two to three piece bands in conjunction with the existing coffee shop
and caf& Staff is supportive of the applicant's request and considers the proposed live
entertainment incidental to the primary coffee shop and caf6 use.
Staff does not anticipate that the proposed addition of live entertainment will adversely impact
the surrounding neighborhood relative to noise given that the coffee shop and caf6 is located
approximately 100 feet from the existing residences along West Campbell Avenue. As an added
measure, staff has also added a condition of approval requiring that no noise from the coffee shop
and caf6 be audible from any of the nearby residences.
Police Department Review: The Campbell Police Department has reviewed the application and
has no concerns or objections to the proposed project. 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.
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 the Conditional Use Permit (PLN 2003-31)
2. Conditions of Approval for the Conditional Use Permit (PLN 2003-31)
3. Resolution No. 3003 (UP 95-18)
4. Resolution No. 3004 (LIP 95-18)
5. Letter from the Applicant
6. Exhibits (Site Plan, Floor Plan and Photos)
7. Location Map
Prepared by:' /~~
Melinda Denis, Planner I
Approved
--'Ge~ff I/~radiey, ~enior ela~n~r -J
FINDINGS FOR APPROVAL OF FILE NO. PLN 2003-31
SITE ADDRESS:
APPLICANT:
DATE:
1820 W. Campbell Avenue
Frank Bardascino
May 13, 2003
Findings for Approval of a Modification (PLN 2003-31) to a previously-approved Use Permit
(UP 95-18) to allow on-site sale of beer and wine, late night operational hours and live
entertainment within an existing coffee shop and cafe.
The Planning Commission finds as follows with regard to File No. PLN 2003-31:
The proposed on-site sale of beer and wine, late night operational hours and live
entertainment within an existing coffee shop and caf6 are consistent with the Neighborhood
Commercial land use designation of the General Plan and the C-1-S (Neighborhood
Commercial) zoning designation for the site.
The proposed on-site sale of beer and wine, late night hours of operation to 12 a.m. (7 days
per week) and live entertainment, in the form of solo artists and two to three piece bands are
incidental to the primary function of the site as a coffee shop and caf&
o
The existing shared parking facilities of the shopping center will adequately address the
parking needs of the subject site given that no additional seating will be added to the coffee
shop and caf6 in conjunction with the addition of the on-site sale of beer and wine, late night
hours of operation past 11 p.m. and live entertainment uses.
The proposed on-site sale of beer and wine, late night operational hours and live
entertainment, subject to the conditions of approval, is compatible with the adjacent land uses
and the surrounding neighborhood.
5. The establishment of on-site sale of beer and wine service will not result in an over
concentration of such uses in the area.
6. The establishment will not create a nuisance due to noise, litter, vandalism, traffic or other
factors.
7. The establishment of a beer and wine license will not significantly disturb the peace and
enjoyment of any nearby residential neighborhoods.
9. The coffee shop and caf6 with beer and wine service will not significantly increase the
demand on City services.
10. All findings and conditions of approval under the previously approved Use Permit (LIP 95-
18) for the existing coffee shop and caf6 are included as part of the approval for the
Modification, unless herein modified, and shall remain in effect.
Findings for Approval -- Pmnning Commission Meeting of May 13, 2003
PLN 2003-31 -- 1820 W. Campbell Avenue
Page 2
11. The project qualifies as a Categorically Exempt project per Section 15301, Class l(a)
(Existing Facilities) of the California Environmental Quality Act (CEQA).
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
The establishment of on-site sale of beer and wine, late night operational hours and live
entertainment in conjunction with an existing coffee shop and caf6 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.
The proposed site is adequate in size and shape to accommodate the proposed use and the
applicant has indicated that appropriate supervision will be provided to conduct the business
in a complementary manner.
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, as conditioned, is compatible with the adjacent land uses and
the surrounding neighborhood.
5. There is a reasonable relationship between the use of the fees imposed upon the project and
the type of development project.
o
No substantial evidence has been presented which shows that the project, as currently
presented and subject to the required conditions of approval, will have a significant adverse
impact on the environment.
7. There is a reasonable relationship and a rough proportionality between the Conditions of
Approval and the impacts of the project.
Attachment #2
CONDITIONS OF APPROVAL FOR FILE NO. PLN 2003-31
SITE ADDRESS:
APPLICANT:
DATE:
1820 W. Campbell Avenue
Frank Bardascino
May 13, 2003
The applicant is hereby notified, as part of this application, that (s)he is required to meet the
following conditions in accordance with the ordinances of the City of Campbell and the State of
California. The lead department with which the applicant will work is identified on each
condition where necessary. Where approval by the Director of Community Development, City
Engineer, Public Works Director, City Attorney, or Fire Department is required, that review shall
be for compliance with all applicable conditions of approval, adopted policies and guidelines,
ordinances, laws and regulations, and accepted engineering practices, for the items under review.
Additionally, the applicant is hereby notified that (s)he 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
Approved Proiect: Approval is granted for a Modification (PLN2003-31) to a previously-
approved Use Permit (LIP 95-18) to allow on-site sale of beer and wine, late night operational
hours and live entertainment within an existing coffee shop and caf6 on property located at
1820 W. Campbell Avenue. Approval shall substantially conform to the project exhibits
listed below, except as may be modified by the Conditions of Approval contained herein.
A. Plot plan illustrating the location of the 1,725 square foot tenant space.
B. Floor plans depicting the tenant space.
C. Applicant's project description.
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 conditions of approval satisfied. Failure to establish such use within one year
from the date of final approval or to satisfy the conditions of approval will result in the
Conditional Use Permit being void.
o
Revocation of Permit: Operation of the use in violation of the Conditional Use Permit or any
standards, codes, or ordinances of the City of Campbell shall be grounds for consideration of
revocation of the Conditional Use Permit by the Planning Commission.
°
Liquor license: Applicant shall file and complete processing of the beer and wine license
through the State of California Department of Alcoholic Beverage Control prior to the sale of
any beverages.
5. Hours of Operation: The hours of operation shall be restricted to:
6:00 a.m. to 12:00 a.m. daily
Conditions of Approval -- manning Commission Meeting of May 13, 2003
PLN 2003-12 -- 1820 W. Campbell Avenue
Page 2
o
Previous Conditions of Approval: All previous conditions of approval shall remain in effect
as stipulated in Planning Commission Resolution No. 3003 and 3004 for approval of the Use
Permit (UP 95-18), except as herein modified by the conditions of approval for the
Modification.
Noise:
A. 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 from the coffee shop and cafe shall not be
audible to a person of normal hearing acuity from any residential property.
Bo
Noise Management: In the event complaints are received by the City regarding noise, the
Community Development Director, upon confirmation that the noises are generated by
uses from the coffee shop and caf6, may limit the operational hours of the uses for the
coffee shop and caf6 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 coffee shop and caf6 shall be effective
immediately upon notification by the Community Development Director.
C. Exterior Speakers: No audio sound system, music, public address system, and/or speakers
is allowed under the Conditional Use Permit.
D. Exterior Doors: All exterior doors shall be kept closed and unlocked during the live
entertainment.
POLICE DEPARTMENT
8.
Live Entertainment Permit: The applicant shall obtain 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.
Attachment #3
RESOLUTION NO. 3003
BEING A RESOLUTION OF THE PLANNING COMMISSION
OF THE C1TY OF CAMPBELL, APPROVING A CONDITIONAL
USE PERMIT TO ALLOW ON-SALE BEER AND WINE SALES
IN CONJUNCTION WITH TWO RESTAURANT USES
(CLARKE'S CHARBROILER AND CITY EXPRESSO) ON
PROPERTY LOCATED AT 1550-1820 W. CAMPBELL AVENUE
AND 75 SAN TOMAS AQUINO ROAD IN A C-1-S
(NEIGHBORHOOD COMMERCIAL) ZONING DISTRICT.
APPLICATION OF KIRKORIAN ENTERPRISES, L.L.C. FILE
NO. UP 95-18 (A).
After notification and Public Hearing as specified by law to approve a
Conditional Use Permit, and after presentation by the Community
Development Director, proponents and opponents, the hearing was dosed.
After due consideration of all evidence presented, the Planning Commission
did find as follows with respect to File No. UP 95-18 (A):
The applicant's request to allow the on site sale of beer and wine with the
proposed restaurants is consistent with the General Plan and the C-1-S
Zoning District which permit commercial land uses.
The project site is adequately improved to accommodate the proposed
restaurant use with the sale of beer/wine.
The applicant's proposed operating hours do not exceed the operating
hours of surrounding tenants in the center.
e
The subject establishment will not result in an over concentration of such
uses in the area.
The subject establishment will not create a nuisance due to noise, litter,
vandalism, traffic or other factors.
The subject establishment will not significantly disturb the peace and
enjoyment of nearby residential neighborhoods.
The subject establishment will not significantly increase the demand on
city services.
Based upon the foregoing findings of fact, the Planning Commission concludes
that:
Planning Commission Resolution No. 3003
UP 95-18 (A) - 1550-1820 W. Campbell Avenue/75 San Tomas Aquino Road
Page 2
The establishment of the use which the applicant has applied for will not
be detrimental to the public health, safety, peace, morals, comfort or
general welfare of persons residing or working in the neighborhood of
such proposed use, or be detrimental or injurious to property and
improvements in the neighborhood or to the general welfare of the City.
o
The proposed site is adequate in size and shape to accommodate the said
use with surrounding uses in the surrounding area.
The proposed site is adequately served by streets of sufficient capacity to
carry the kind and quantity of traffic such used would generate.
4. The proposed use is compatible with the uses in the area.
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. 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.
Approved Use: This approval is for a beer and wine licenses for proposed
restaurants on properties located at 75 S. San Tomas Aquino. Rd. And
1820 W. Campbell Ave. Use shall substantially conform to the applicant's
description.
Hours of Operation:
following:
Hours of operation shall to be limited to the
Clarke's
City Espresso
Nonno's
11:00 a.m. to 10:00 p.m. (Daily)
6:00 a.m. to 11:00 p.m. (Daily)
11:00 a.m. to 9:00 p.m. (Daily)
ABC License: The applicant shall obtain any and all licenses/ approvals
from the State of California, Department of Alcoholic Beverages Control.
Beer and Wine License: Beer and wine license to allow on site sale and
consumption. (Planning)
Signs: Applicant shall apply for and comply with all required standards
for signs and advertisement per the City's requirements.
Planning Commission Resolution No. 3003
UP 95-18 (A) - 1550-1820 W. Campbell Avenue/75 San Tomas Aquino Road
Page 3
o
Use Compliance: The use is subject to the Conditions of Approval as
listed. Non-compliance with the Conditions of Approval are subject to
revocation per City of Campbell Municipal Code.
PASSED AND ADOPTED this 10th day of October, 1995, by the following roll
call vote:
AYES:
Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
Alne, Jones, Kearns, Lindstrom, Lowe, Meyer-
Kennedy
None
Higgins
None
Steve Piase~ki, Secretary
Attachment #4
RESOLUTION NO. 3004
BEING A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CAMPBELL, APPROVING AN
ADJUSTMENT IN PARKING RATIOS TO ALLOW
ADDITIONAL INTERIOR SEATING (CLARKE'S
CHARBROILER AND CITY EXPRESSO) AND EXTERIOR
SEATING (NONNO'S PIZZA, CLARKE'S CHARBROILER
AND CITY EXPRESSO), FOR PROPERTY LOCATED AT 1550-
1820 W. CAMPBELL AVENUE AND 75 SAN TOMAS
AQUINO ROAD IN A C-1-S (NEIGHBORHOOD
COMMERCIAL) ZONING DISTRICT. APPLICATION OF
KIRKORIAN ENTERPRISES, L.L.C. FILE NO. UP 95-18 (B).
After notification and Public Hearing as specified by law to approve a
Conditional Use Permit, and after presentation by the Community
Development Director, proponents and opponents, the hearing was dosed.
After due consideration of all evidence presented, the Planning Commission
did find as follows with respect to File No. UP 95-18 (B):
The applicant's request to allow three outside seating areas in conjunction
with proposed restaurants is consistent with the General Plan and the C-I-
Zoning District which permit commerdal land uses.
o
The project site is adequately improved to accommodate the proposed
exterior seating in light of space needs for circulation and parking
requirements.
ge
The applicant's proposed operating hours do not exceed the operating
hours of surrounding tenants in the center and should not adversely
impact adjacent residential uses.
o
The establishment of outside seating areas adjacent to the restaurant uses
at this center will add to the architectural interest of the shopping center.
The establishment of outside seating areas will not create a nuisance due
to noise, litter, vandalism, traffic or other factors.
The establishment of outside seating areas will not significantly disturb
the peace and enjoyment of nearby residential neighborhoods.
The site plan with the demolition of Renzo's demonstrates an
improvement in the provision of parking for this shopping center of
approximately 6 spaces.
Planning Commission Resolution No. 3004
UP 95-18 (B) -- 1550-1820 W. Campbell Avenue/75 San Tomas Aquino Road
Page 2
The proposed parking, taking into consideration the concepts of shared
parking and varied parking demands, will result in an adequate parking
supply for the proposed uses.
Based upon the foregoing findings of fact, the Planning Commission concludes
that:
The establishment of the use which the applicant has applied for will not
be detrimental to the public health, safety, peace, morals, comfort or
general welfare of persons residing or working in the neighborhood of
such proposed use, or be detrimental or injurious to property and
improvements in the neighborhood or to the general welfare of the City.
e
The proposed site is adequate in size and shape to accommodate the said
use with surrounding uses in the surrounding area.
The proposed site is adequately served by streets of sufficient capacity to
carry the kind and quantity of traffic such used would generate.
4. The proposed use is compatible with the uses in the area.
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. 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.
APPROVED USE
Approved Use: This approval is for three outside seating areas
accommodating 82 seats and two new restaurants Clarke's (52 interior
seats/30 outdoor seats) and City Espresso (60 interior seats/20 outdoor
seats) on properties located at 75 S. San Tomas Aquino Rd. and 1550-1820
W. Campbell Avenue, and an existing outside seating area for Nonno's
Pizza (30 interior seats/32 outdoor seats). Project approval shall
substantially comply with applicants letter dated August 24, 1995 and
master development plan dated September 12, 1995.
Planning Commission Resolution No. 3004
UP 95-18 (B) -- 1550-1820 W. Campbell Avenue/75 San Tomas Aquino Road
Page 3
e
o
Approval of outside seating and intensified seating in City Espresso is
contingent upon removal of Renzo's restaurant of approximately 10,000
sq.ft, and provision of 12 additional parking spaces and the construction of
a new retail building of 6000 - 8000 sq. ft.
Hours of Operation: Hours of operation are to be limited to the
following:
Clarke's
City Espresso
Nonno's
11:00 a.m. to 10:00 p.m. (Daily)
6:00 a.m. to 11:00 p.m. (Daily)
· 11:00 a.m. to 9:00 p.m.(Daily)
Specific Plan: The applicant is to submit a specific seating plan for each
outside seating area for approval of the Community Development
Director addressing the following:
a) Provision of durable and attractive furniture(Color and specifications
to be provided)
b) Business owner/applicant to maintain outside eating areas at all
times in a clean and sanitary condition.
c) Umbrellas and furniture to have no advertising messages, unless
sign approvals have been granted.
d) No outside public address system is permitted
e) Details of any proposed outside lighting to be provided for review
and approval of the Community Development Director.
f) Applicant to provide details of landscaping amenities such as
containers and planters.
g) All sidewalk areas to maintain minimum clearances for handicapped
access as well as exiting and entrance needs of the buildings
Beer and Wine License: Beer and wine license to allow on site sale and
consumption. (Planning)
Signs: Applicant shall apply for and comply with all required signs per the
City's requirements.
Use Compliance: The use is subject to the Conditions of Approval as
listed. Non-compliance with the Conditions of Approval are subject to
revocation per City of Campbell Municipal Code.
Planning Commission Resolution No. 3004
UP 95-18 (B) -- 1550-1820 W. Campbell Avenue/75 San Tomas Aquino Road
Page 4
PASSED AND ADOPTED this 10th day of October, 1995, by the following roll
call vote:
AYES:
Kennedy
NOES: Commissioners: None
ABSENT: Commissioners: Higgins
ABSTAIN: Commissioners: None
f
~ S'l~,~e Piasdc~i~ Secreta~ '-'
Commissioners: Alne, Jones, Kearns, Lindstrom, Lowe, Meyer-
7~J~e Me~dr-¥f6rined~, Chair
Attachment #5
To: Campbell Planning Department
From: Bardas's Coffee & Cafe
Written Statement for Approval for on site sale of Beer & Wine
An application with all the necessary fees, documents and requirement has been
completed and submitted to the Department of Alcoholic Beverages Control.
I am requesting approval for on site sale of beer and wine to be granted to Barda's Coffee
& Caf6, located at 1820-B W. Campbell Ave. Campbell Ca. 95008(business was formally
know as City Espresso). The location was previously approved by the Planning
Commission for the sale of beer & wine per Resolution No. 3003, back in 1995 (attached
is a copy of this document). The business is now both a coffee shop and a caf6. I am
increasing my food menu to include breakfast, lunch and dinner. I am also having poetry
nights (San Jose Art League), small jazz bands and other relaxing entertainment (small
bands consisting of one or two musicians). The purpose of the on site sale of beer and
wine will be to help increase my business and for those patrons that would like a nice
glass of wine or beer with their meal. There would also be people that would like to relax
with a nice glass of wine while listen to poetry, jazz music or other entertainment that we
may have. The potential traffic generated directly by the sale of beer and wine should be
minimal. The hours of operation if approved will be increased one hour from the previous
approval (Resolution No. 30003). The new hours of operation will be 6:00 am thru 12:00
am. The projected number of employees per shift will be one thru three employees
depending on the need.
Regard,
Frank Bardascino
RECEIVED
MAR 2 0 2003
Gl'P/OF CAMPBELL
PLANNING DEPT.
CITY OF CAMPBELL
Community Development Department
CAMPBELL
May 2, 2003
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, May 13, 2003, in the City Hall Council Chambers,
70 North First Street, Campbell, California, for a Public Hearing to consider the application of
Mr. Frank Bardascino for a Conditional Use Permit (PLN2003-31) to allow on-site sale of beer
and wine, late night operational hours and live entertainment within an existing coffee shop
(Barda's Coffee & Caf6) on property owned by Kirkorian Development located at 1820 W.
Campbell Avenue in a C-1-S (Neighborhood Commercial) Zoning District. Staff is
recommending that this project be deemed Categorically Exempt under CEQA.
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. PLN2003-31
Address: 1820 W. Campbell Avenue
70 North First Street · Campbell, California 95008-1436 - T}~I 408.866.2140 . F:AX 408.871.5140 · TI)D 408.866.2790