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Use Permit - Cafe Campbell - 2008January 10, 2008 Ms. Hongyu Gui Mario Corporation/Campbell Cafe 360 E. Campbell Avenue Campbell, CA 95008 Re: PLN2007-183 - 360 E. Campbell Avenue - Use Permit - Cafe Campbell Dear Applicant: Please be advised that at its meeting of January 8, 2008, the Planning Commission adopted Resolution No. 3862 approving a Conditional Use Permit (PLN2007-183) to allow a general on-sale liquor license and late night activity in conjunction with an existing restaurant 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, January 18, 2008. 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, fi If'^C- Steve Prosser Planner I cc: Karen Blancato (Property Owners) 301 Eureka Canyon Road Watsonville, CA 95076 70 North First Street. Campbell, California 95008-1436 . TEL 408.866.2140 . FAX 408.871.5140 . TDD 408.866.2790 - RESOLUTION NO. 3862 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL GRANTING A CONDITIONAL USE PERMIT (PLN2007-183) TO ALLOW A GENERAL ON-SALE LIQUOR LICENSE AND LATE NIGHT ACTIVITY IN CONJUNCTION WITH AN EXISTING RESTAURANT (CAFE CAMPBELL) ON PROPERTY OWNED BY MS. KAREN BLANCA TO LOCATED AT 360 E. CAMPBELL AVENUE IN THE C-3-S (CENTRAL COMMERCIAL) ZONING DISTRICT. FILE NO.: PLN2007-183. 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 PLN2007-183. 1. The proposed a general on-sale liquor license and late night activity in conjunction with an existing restaurant is consistent with the General Commercial General Plan land use designation. 2. The proposed a general on-sale liquor license and late night activity for a restaurant will be compatible with the C-3-S (Central Commercial) Zoning District with approval of a Conditional Use Permit. 3. The project site consists of a 1,508 square foot European cafe-restaurant in an existing commercial building. 4. The proposed project generates a parking demand of 11 parking spaces. Pursuant to the Parking Standards specifically regulated within the C-3 (Central Commercial) Zoning District, retail uses and standard restaurants may occupy an existing building and shall not be required to provide additional parking unless the building is expanded. As there are no site specific parking areas associated with the subject parcel, sufficient parking exists on-street and within shared parking areas. 5. The project site is located on the south side of East Campbell Avenue, on the southwest corner of Central Avenue and East Campbell Avenue. The property is surrounded by commercial uses on all sides. 6. The proposed project is consistent with other developments and uses in the surrounding area. 7. No substantial exterior modifications to the building are proposed in conjunction with the proposed general on-sale liquor license and late night activity. 8. The business hours shall be restricted to 6:00 a.m. to 11 :00 p.m. Monday through Sunday. Planning Commission Re&vlution No. 3862 PLN2007-183 - 360 E. Campbell Avenue - Use Permit - Cafe Campbell Page 2 9. The hours of operation shall be restricted to 5:00 a.m. to 12:00 a.m. Monday through Sunday. 10. 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. 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. Planning Commission Resvlution No. 3862 PLN2007-183 - 360 E. Campbell Avenue - Use Permit - Cafe Campbell Page 3 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. 13. 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. 14. 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 granting a Conditional Use Permit (PLN2007-183) to allow a general on-sale liquor license and late night activity in conjunction with an existing restaurant (Cafe Campbell) on property owned by Ms. Karen Blancato located at 360 E. Campbell Avenue in the C-3-S (Central Commercial) Zoning District. 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. Declaration of Acceptance of All Conditions: Within thirty (30) days of Planning Commission approval, the applicant shall sign the final, approved set of Conditions of Approval. Until said Conditions are signed, the proposed Use Permit shall not be valid for any permits sought from the City. 2. Approved Proiect: Approval is granted for a Conditional Use Permit (PLN2007-183) to allow a general on-sale liquor license and late night activity in conjunction with an existing restaurant use (Cafe Campbell) located at 360 E. Campbell Avenue. The project shall substantially conform to the project plans and project description received by the Planning Division on December 3, 2007, except as may be modified by the conditions of approval contained herein. be modified by the conditions of approval contained herein. * Planning Commission Re~vlution No. 3862 PLN2007-183 - 360 E. Campbell Avenue - Use Permit - Cafe Campbell Page 4 * Planning sign off is required to prior to Building Permit final. Construction not in substantial compliance with the approved project plans shall not be approved without prior authorization of the necessary approving body. 3. 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. 4. 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. 5. Business Hours: The hours of operation shall be restricted to 6:00 a.m. to 11 :00 p.m. Monday through Sunday. Business hours are the hours the business is open to the public. 6. Operational Hours: The hours of operation shall be restricted to 5:00 a.m. to 12:00 a.m. Monday through Sunday. The allowed hours of operation include the time employees may be on site for preparation and clean up. At no time shall employees, other than the business owner during an emergency, arrive before 5:00 a.m. or remain on site after 12:00 a.m. 7. Restaurant Seatina: The maximum number of seats for the restaurant shall be limited to 44 seats. No increase in number of indoor seats in the restaurant or the addition of a separate bar area is allowed. 8. Propertv 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. 9. 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. 10. Live Entertainment: No live entertainment is approved as part of the development application approved herein, including live music, disc jockey, karaoke, and dancing. 11. 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. 12. Food Service: Food service shall be required at all times alcoholic beverages are served. Planning Commission Re~vlution No. 3862 PLN2007-183 - 360 E. Campbell Avenue - Use Permit - Cafe Campbell Page 5 13. Loiterinq: There shall be no loitering allowed outside the business. The business owner is responsible for monitoring the premises to prevent loitering. 14. Location of Mechanical Eauipment: 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. 15. 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. 16. Outdoor Seatina: No outdoor seating is approved as part of this development application. 17. Outdoor Cookina: No outdoor cooking, including portable barbeques, is permitted on the subject property. 18. Noise: a. Noise Standard: Any noises, sounds and/or voices, including but not limited to amplified sounds, loud speakers, sounds from audio sound systems, and/or music, generated by the subject use shall not be audible to a person of normal hearing capacity from any residential property. Public address systems of all types are strictly prohibited. b. Noise Manaoement: 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. Front. Side and Rear Doors: The front and side doors to the business shall not remain in an open position during business hours. 19. Trash & Clean Up: All trash, normal clean up, carpet cleaning, etc. shall not be done in the late evening or early morning hours. All trash removal shall be done between 6:00 a.m. and 11 :00 p.m. daily. 20. Parkino 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. A total of 12 parking spaces will be provided. Planning Commission Resolution No. 3862 PLN2007-183 - 360 E. Campbell Avenue - Use Permit - Cafe Campbell Page 6 PASSED AND ADOPTED this 8th day of January, 2008, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Alderete, Gairaud, Gibbons, Rocha and Roseberry None Doorley and Ebner None APPROVED: & ~ Bob Roseberry, C r ATTEST: ,- .~ ITEM NO.1 ..)..~O, .C~/.)<s> t: ~ U l"" o 0 .. ... 1-.. ~ . t. O~CH 1',,0' CITY OF CAMPBELL. PLANNING COMMISSION Staff Report. January 8, 2008 PLN2007-183 Gui, H. Public Hearing to consider the application of Ms. Hongyu Gui, on behalf of Mario Corporation, for a Conditional Use Permit (pLN2007-183) to allow a general on-sale liquor license and late night activity in conjunction with an existing restaurant (Cafe Campbell) on property owned by Ms. Karen Blancato, located at 360 E. Campbell Avenue in the C-3-S (Central Commercial) 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 (PLN2007-183) to allow a general on-sale liquor license and late night activity for an existing restaurant (Cafe Campbell), 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: 1,549 square feet (0.04 acres) Site Utilization: Building Coverage: Landscape Coverage: Paving Coverage: 1,508 square feet (97%) o square feet (0%) 41 square feet (3%) Subject Tenant Space: 1,508 square feet Parking Required: 1 Parking Space per 4 seats (total of 44 seats) = (11 parking Spaces)* "'Retail uses and standard restaurants may occupy an existing building and shall not be required to provide additional parking unless the building is expanded. Parking Provided: None - Shared Parking within the Downtown District --- Staff Report - Planning CoITt..dission Meeting of January 8, 2008 PLN2007-183 - 360 E. Campbell Avenue Page 2 Proposed Business Hours: 6:00 a.m. to 11 :00 p.m. Monday through Sunday Proposed Hours of Operation: 5:00 a.m. to 12:00 a.m. Monday through Sunday Surrounding Uses: North: South: East: West: Commercial Commercial Commercial Commercial DISCUSSION Auulicant's Proposal: The applicant is requesting approval of a Conditional Use Permit to allow a general on-sale liquor license and late night activity in conjunction with an existing restaurant (Cafe Campbell) located at 360 E. Campbell Avenue (Reference Attachment 3, Applicant's Written Statement). The previous tenant was a restaurant use (Rico's). No expansion of the existing building is proposed. Business hours (hours business is open to the public) will be from 6:00 a.m. to 11 :00 p.m. Monday through Sunday. The hours of operation (employee activity on site) will be from 5:00 a.m. to 12:00 a.m. Monday through Sunday. Background: The subject property is currently developed with a single-story commercial building constructed in approximately 1911 and is included in the City's Historic Resource Inventory List. The building is also an un-reinforced masonry building subject to seismic retrofitting upon significant remodel or change of use. The interior remodel associated with the restaurant use did not trigger the retrofitting requirement. Proiect Location: The project site is located on the south side of East Campbell Avenue, on the comer of Central Avenue and East Campbell Avenue. The property is surrounded by commercial uses all on sides (reference Attachment 6, Location Map). 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 activity in conjunction with an existing restaurant is consistent with this land use designation. Zoning Designation: The zoning designation for the project site is C-3-S (Central Commercial). A Conditional Use Permit is required for a general on-sale liquor license and late night activity within the Central Commercial Zoning District. The proposed project would be consistent with the Zoning Ordinance with approval of a Conditional Use Permit. Parking: Pursuant to the Parking Standards specifically regulated within the C-3 (Central Commercial) Zoning District, retail uses and standard restaurants may occupy an existing building and shall not be required to provide additional parking unless the building is expanded. No expansion or change of use is proposed. Outdoor Seating Area: At this time, the applicant is not requesting an outdoor seating area. The applicant has stated that they will be applying for an outdoor seating permit to be reviewed and Staff Report - Planning Commission Meeting of January 8, 2008 PLN2007 -183 - 360 E. Campbell Avenue Page 3 approved by the Community Development Director, as required by Ordinance, once the applicant has finalized the designs and material for the movable outdoor seating barrier and the tables and chairs. General On-Sale Liquor License: Downtown Businesses require a general on-sale liquor license in order to offer distilled spirits for sale are required to obtain a Conditional Use Permit. The Planning Commission's review includes 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 general on-sale liquor license would be for consumption on site only and would not be available to take off site in conjunction with a bona fide restaurant. The proposed application does not provide for a separate bar area. Staff is recommending as a Condition of Approval that that food service shall be required at all times that alcoholic beverages are served (reference Attachment 2, Conditions of Approval 7 & 12). 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 beer & wine sales and/or general on-sale liquor licenses. (reference Attachment 5, Downtown Business Table). Restaurant Remodel: The applicant obtained a Building Permit from the Building and Planning Divisions in February 2007 for tenant improvements to the interior of the existing restaurant tenant space (reference Attachment 4, Project Plans). Redevelopment Agency Review: The Redevelopment Agency has reviewed the application and is supportive of the proposed general on-sale liquor license and late night activity in conjunction with the proposed restaurant. Police Department Review: The Campbell Police Department has reviewed the application and has no objections to the proposed allowance of general on sale liquor, with the addition of the recommended Conditions of Approval. Site and Architectural Review Committee: The Site and Architectural Review Committee did not review this application, as there are currently no proposed changes to the exterior of the building or site configuration. Attachments: 1. Findings for Approval of File No. PLN2007-183 2. Findings for Approval of File No. PLN2007-183 3. Applicant's Written Statement 4. Project Plans 5. Downtown Businesses Table 6. Location Map Staff Report - Planning Commission Meeting of January 8, 2008 PLN2007 -183 - 360 E. Campbell Avenue Page 4 Prepared by: Approved by: AL~ , Steve Prosser, Planner I ~ ~ F;Oe. JJ:\dQ€: ..,..,~~ l..!..:>\:? Jackie C. Young Lind, Acting Community Development Director Attachment # 1 FINDINGS FOR APPROVAL OF FILE NO. PLN2007-183 SITE ADDRESS: APPLICANT: P.C. MEETING: 360 E. Campbell Avenue Hongyu Gui, on behalf of Marion Corporation January 8, 2008 Findings for approval of a Conditional Use Permit to allow a general on-sale liquor license and Late Night Activity in coni unction with an existing restaurant on propertv located at 360 E. Campbell Avenue. The Planning Commission finds as follows with regard to file number PLN2007-183: 1. The proposed a general on-sale liquor license and late night activity in conjunction with an existing restaurant is consistent with the General Commercial General Plan land use designation. 2. The proposed a general on-sale liquor license and late night activity for a restaurant will be compatible with the C-3-S (Central Commercial) Zoning District with approval of a Conditional Use Permit. 3. The project site consists of a 1,508 square foot European cafe-restaurant in an existing commercial building. 4. The proposed project generates a parking demand of 11 parking spaces. Pursuant to the Parking Standards specifically regulated within the C-3 (Central Commercial) Zoning District, retail uses and standard restaurants may occupy an existing building and shall not be required to provide additional parking unless the building is expanded. As there are no site specific parking areas associated with the subject parcel, sufficient parking exists on-street and within shared parking areas. 5. The project site is located on the south side of East Campbell Avenue, on the southwest comer of Central Avenue and East Campbell Avenue. The property is surrounded by commercial uses on all sides. 6. The proposed project is consistent with other developments and uses in the surrounding area. 7. No substantial exterior modifications to the building are proposed in conjunction with the proposed general on-sale liquor license and late night activity. 8. The business hours shall be restricted to 6:00 a.m. to 11 :00 p.m. Monday through Sunday. 9. The hours of operation shall be restricted to 5:00 a.m. to 12:00 a.m. Monday through Sunday. 10. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA). Attachment # 1 Page 2 of3 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. 12. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. Attachment # 1 Page 3 of3 13. 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. 14. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts ofthe project. Attachment #2 CONDITIONS OF APPROVAL FOR FILE NO. PLN2007-183 SITE ADDRESS: APPLICANT: P.C. MEETING: 360 E. Campbell Avenue Hongyu Gui, on behalf of Mario Corporation January 8, 2008 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. Declaration of Acceptance of All Conditions: Within thirty (30) days of Planning Commission approval, the applicant shall sign the final, approved set of Conditions of Approval. Until said Conditions are signed, the proposed Use Permit shall not be valid for any permits sought from the City. 2. ADDroved Proiect: Approval is granted for a Conditional Use Permit (PLN2007-183) to allow a general on-sale liquor license and late night activity in conjunction with an existing restaurant use (Cafe Campbell) located at 360 E. Campbell Avenue. The project shall substantially conform to the project plans and project description received' by the Planning Division on December 3, 2007, except as may be modified by the conditions of approval contained herein. be modified by the conditions of approval contained herein. * * Planning sign off is required to prior to Building Permit final. Construction not in substantial compliance with the approved project plans shall not be approved without prior authorization ofthe necessary approving body. 3. Conditional Use Permit Approval EXDiration: 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. 4. 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. Attachment #2 Page 2 of3 5. Business Hours: The hours of operation shall be restricted to 6:00 a.m. to 11 :00 p.m. Monday through Sunday. Business hours are the hours the business is open to the public. 6. Operational Hours: The hours of operation shall be restricted to 5:00 a.m. to 12:00 a.m. Monday through Sunday. The allowed hours of operation include the time employees may be on site for preparation and clean up. At no time shall employees, other than the business owner during an emergency, arrive before 5:00 a.m. or remain on site after 12:00 a.m. 7. Restaurant Seating: The maximum number of seats for the restaurant shall be limited to 44 seats. No increase in number of indoor seats in the restaurant or the addition of a separate bar area is allowed. 8. 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. 9. 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. 10. Live Entertainment: No live entertainment is approved as part of the development application approved herein, including live music, disc jockey, karaoke, and dancing. 11. 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. 12. Food Service: Food service shall be required at all times alcoholic beverages are served. 13. Loitering: There shall be no loitering allowed outside the business. The business owner is responsible for monitoring the premises to prevent loitering. 14. 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. 15. 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. 16. Outdoor Seating: No outdoor seating is approved as part of this development application. 17. Outdoor Cooking: No outdoor cooking, including portable barbeques, is permitted on the subject property. Attachment #2 Page 3 of3 18. Noise: a. Noise Standard: Any noises, sounds and/or voices, including but not limited to amplified sounds, loud speakers, sounds from audio sound systems, and/or music, generated by the subject use shall not be audible to a person of normal hearing capacity from any residential property. Public address systems of all types are strictly prohibited. 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. Front. Side and Rear Doors: The front and side doors to the business shall not remain in an open position during business hours. 19. Trash & Clean Up: All trash, normal clean up, carpet cleaning, etc. shall not be done in the late evening or early morning hours. All trash removal shall be done between 6:00 a.m. and 11 :00 p.m. daily. 20. Parking and Driveways: All parking and driveway areas shall be maintained in compliance with the standards in Chapter 21.28 (parking & Loading) of the Campbell Municipal Code. A total of 12 parking spaces will be provided. Acknowledged & Accepted: Ms. Hongyu Gui, on behalf of Mario Corporation, Applicant Rec~ [1"1 '~':'\ ~ J 'ii)' ,. , '~. !"',' - f.. - Attachment 113 City of Campbell Planning Commission 70 N First St. Campbell, CA 95008 DEe, 2007 C~TY OF CAI"f5~ElL rLANNING DEPT. November 15, 2007 Re: Cafe Campbell Liquor License, 360 E. Campbell Ave., Campbell, CA 95008 Cafe Campbell plans to open in the Historic Building formerly occupied by Alie's Cafe. Restaurateur Pino Spanu owner and operator of A' Bellagio and La Pizzeria in downtown is planning to open Cafe Campbell. The buildings (built in the late 1800's) interior and exterior is being refurbished for an "upscale" European cafe- restaurant, coffee house/dessert shop, and bakery where pastries, cakes for special occasions (e.g. birthday) and other baked goods will be made-fresh daily on the premises. Two other downtown cafes serve gelato, so to differentiate its self from those who serve scoops of gelato and sorbet in a cup or cone, Cafe Campbell desires to be much more to attract patrons. Cafe Campbell plans to sell gelato by the cup/cone, but the "vision" for Cafe Campbell is of a restaurant cafe and dessert eatery. As in Bellagio and other Italian cities, eating is as much about the social experience as it is about the consumption of food and drink. In Italian cafes, aperitifs and cordials are sipped along with a cup of espresso while enjoying a small plate of food and/or pastries; and liqueurs and spirits are often poured over gelato, or sorb~ creating a tangy and refreshing dessert. Cafe Campbell's European style menu will transition in the mid-afternoon, from the traditional breakfast menu and lunch, to a dessert house where patrons can stop for a cocktail or glass of wine before dining at one of downtowns many restaurants and/or after dinner for a selection ofItalian cheesecakes, desserts, and "Italian Sundaes" consisting of scoops of gelato or sorbetto, cover with fresh fruit, or crushed cookies, or other goodies, creme fraiche, assorted toppings, and liqueurs if desired. No dinners will be served, but the kitchen will always be open for food service. .. Traditional Breakfast and/or Lunch: 6:00 AM to 3 :00 PM >Breakfast menu - assortment of traditional breakfast plates in addition to freshly baked pastries >Lunch menu - menu items will change daily including salads, sandwiches, soups, and entrees. Available Anvtime: >Imported coffee - cappuccino, espresso, Lattes, and specialty coffee drinks. >Home-made Italian gelato, sorbetto, Italian sundaes (with or without liqueurs), and fresh baked Italian pastries, assorted cakes, and other goodies. Italian Tapas (small plates) & Desserts: 3:00 PM until 11:00 PM >Italian Tapas - (e.g.: small plates of stuffed eggplant, calamari salad, baby shrimp, etc.) cooked and served room temp, cakes, pastries, gelato, sorbetto, desserts, and Italian sundaes. Thank you for your consideration of this application. Regards,