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Use Permit - Hawgs - 2007November 14, 2007 Mr. Steve Hardin Hawg's Seafood Bar 1700 W. Campbell Avenue Campbell, CA 95008 Re: PLN2007-147 - 1700 W. Campbell Avenue - Use Permit - Hawg's Seafood Bar Dear Applicant: Please be advised that at its meeting of November 13,2007, the Planning Commission adopted Resolution No. 3853 approving a Conditional Use Permit (PLN2007-147) to allow a general on-sale liquor license in conjunction with an existing restaurant (Hawg's Seafood Bar) 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, November 23, 2007. 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. cc: Kirkorian Family Partnership (Property Owner) 1630 W. Campbell Avenue Campbell, CA 95008 70 North First Street, Campbell, California 95008-1436 ' TEL 408.866.2140 . FAX 408.871.5140 . TOO 408.866.2790 RESOLUTION NO. 3853 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL GRANTING A CONDITIONAL USE PERMIT (PLN2007-147) TO ALLOW A GENERAL ON-SALE LIQUOR LICENSE IN CONJUNCTION WITH AN EXISTING RESTAURANT (HAWG'S SEAFOOD BAR) ON PROPERTY OWNED BY KIRKORIAN FAMILY PARTNERSHIP LOCATED AT 1700 W. CAMPBELL AVENUE IN A C-1-S (NEIGHBORHOOD COMMERCIAL) ZONING DISTRICT. APPLICATION OF MR, STEVE HARDIN, ON BEHALF OF HAWG'S SEAFOOD BAR. FILE NO.: PLN2007-147. 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 PLN2007-147. 1. The proposed general on-sale liquor license in conjunction with a restaurant is consistent with the Neighborhood Commercial General Plan land use designation. 2. The proposed general on-sale liquor license in conjunction with a restaurant will be compatible with the C-1 (Neighborhood Commercial) zoning designation with approval of a Conditional Use Permit. 3. The project site consists of an existing restaurant (Hawg's Seafood Bar) in an existing 1 ,550 square foot tenant space. 4. The establishment will not result in an over-concentration of such uses in the area. 5. The existing operating hours do not exceed the operating hours of the surrounding tenants in the center. 6. The existing 681 parking spaces will adequately address the parking needs of the subject site and the existing use. The restaurant is an existing use with no expansion proposed and therefore no increase in the amount of parking is required. 7. The project site is located on the south side of West Campbell Avenue, between Fulton Street and South San Tomas Aquino Road in the Kirkwood Plaza Shopping Center. The property is surrounded by commercial land uses to the north, east and west and multi-family residential uses to the south. 8. The proposed project is consistent with other developments and uses in the surrounding area. 9. No exterior modifications to the building are proposed in conjunction with the proposed general on-sale liquor license. Planning Commission Resolution No. 3853 PLN2007-147 - 1700 W. Campbell Avenue Use Permit - On-Sale General Liquor License - Hawg's Seafood Bar Page 2 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 establishment of a general on-sale liquor license will not result in an over concentration of such uses in the area. 6. The establishment of a general on-sale liquor license, as conditioned, will not create a nuisance due to litter, noise, traffic, vandalism, or other factors. 7. The establishment of a general on-sale liquor license, as conditioned, will not significantly disturb the peace and enjoyment of the nearby residential neighborhood. 8. The establishment of a general on-sale liquor license will not significantly increase the demand on City services. 9. 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. 10. 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. 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. 3853 PLN2007-147 - 1700 W. Campbell Avenue Use Permit - On-Sale General Liquor License - Hawg's Seafood Bar 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 grants a Conditional Use Permit (PLN2007-147) to allow a general on-sale liquor license in conjunction with an existing restaurant (Hawg's Seafood Bar) on property owned by Kirkorian Family Partnership located at 1700 W. Campbell Avenue in a C-1-S (Neighborhood 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. Approved Proiect: Approval is granted for a Conditional Use Permit (PLN2007 -14 7) to allow a general on-sale liquor license in conjunction with a restaurant (Hawg's Seafood Bar) located at 1700 W. Campbell Avenue. The project shall substantially conform to the project plans and project description received by the Planning Division on September 19, 2007, except as may be modified by the conditions of approval contained herein. 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 of the Conditional Use Permit by the Planning Commission. 4. Restaurant Seatinq: The maximum number of seats for the restaurant shall be limited to 70 seats. 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. Planning Commission Resolution No. 3853 PLN2007-147 - 1700 W. Campbell Avenue Use Permit - On-Sale General Liquor License - Hawg's Seafood Bar Page 4 6. Sionaqe: No sign age 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. Outdoor Storaqe: 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. 8. Live Entertainment: No live entertainment is approved as part of the development application approved herein, including live music, disc jockey, karaoke, and dancing. 9. 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. 10. Food Service: Food service shall be available at all times alcoholic beverages are served. 11. Loiterino: There shall be no loitering allowed outside the business in the rear parking lot or the side parking lot areas. The business owner is responsible for monitoring the premises to prevent loitering. 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, 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, side and rear doors to the business shall not remain in an open position during business hours. 13. Trash & Clean Up: All trash, normal clean up, carpet cleaning, etc. shall not be done in the late evening or early morning hours. All clean up shall be done between 10:00 a.m. and 11 :00 p.m. daily. 14. 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 24 parking spaces will be provided for the restaurant use. Planning Commission Resolution No. 3853 PLN2007-147 -1700 W. Campbell Avenue Use Permit - On-Sale General Liquor License - Hawg's Seafood Bar Page 5 PASSED AND ADOPTED this 13th day of November, 2007, by the following roll call vote: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Alderete, Doorley, Ebner, Gairaud, Gibbons, Rocha and Roseberry None None None AYES: Commissioners: APPROVED: ~~~~ . Michael Rocha, Chair ATTEST: J .- ITEM NO.2 ~~O,(.C~,b<9 !::: ~ U r' o 0 .. ... -s.~ ~ .0 .(, ~CHI'''O CITY OF CAMPBELL. PLANNING COMMISSION Staff Report. November 13, 2007 PLN2007-147 Hardin, S. Public Hearing to consider the application of Steve Hardin on behalf of Hawgs Seafood Bar, for a Conditional Use Permit (PLN2007-147) to allow a general on-sale liquor license in conjunction with a restaurant (Hawgs Seafood Bar) on property owned by Kirkorian Family Partnership, located at 1700 W. Campbell Avenue in the C-l (Neighborhood Commercial) Zoning District. STAFF RECOMMENDATION That the Planning Commission take the following action: 1. Adopt a Resolution, incorporati~g the attached findings, approving a Conditional Use Permit (PLN2007 -14 7) to allow a general on-sale liquor license in conjunction with a restaurant (Hawgs Seafood Bar), subje~t 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 Kirkwood Plaza Shopping Center: Gross Lot Area: 11.36 acres Subject Parcel: Net Lot Area: 4.84 acres Site Utilization: Building Coverage: Landscape Coverage: Paving Coverage: 27% 15% 58% Tenant Space 1,550 square feet Parking Provided: 681 Parking Spaces total (Shopping Center) Existing Business Hours: 11 :30 a.m. to 9:30 p.m., Sunday through Thursday, 11 :30 a.m. to 10:30 p.m., Friday and Saturday. ,.-. Staff Report - Planning Commission Meeting of November 13,2007 PLN2007-147 -1700 W. Campbell Avenue Page 2 Surrounding Uses: North: South: East: West: Commercial Multiple-Family Residential Commercial Commercial DISCUSSION Aoolicant's Proposal: The applicant is requesting approval of a Conditional Use Permit to allow a general on-sale liquor license in conjunction with a restaurant (Hawgs Seafood Bar) in an existing building, located at 1700 W. Campbell Avenue (reference Attachment 3, Applicant's Written Statement). Business hours are currently from 11 :30 a.m. to 9:30 p.m., Sunday through Thursday, and 11 :30 a.m. to 10:30 p.m., Friday and Saturday. The restaurant has 70 existing seats and 19 employees. Background: The restaurant received approval for beer and wine sales on June 11, 1996 (reference Attachment 4, Resolution No. 3028). Proiect Location: The property is located on the south side of West Campbell Avenue, between Fulton Street and South San Tomas Aquino Road in the Kirkwood Plaza Shopping Center. The property is surrounded by commercial land uses to the north, east and west and multi-family residential uses to the south (reference Attachment 6, Location Map). ANALYSIS General Plan Designation: The General Plan land use designation for the project site is Neighborhood Commercial. The proposed general on-sale liquor license in conjunction with a restaurant is consistent with this land use designation. Zoning Desimation: The zoning designation for the project site is C-1 (Neighborhood Commercial). Restaurants are allowed by right in the C-1 Zoning District. The C-1 Zoning District would allow for a general on-sale liquor license with approval of a Conditional Use Permit. The proposed project would be consistent with the Zoning Ordinance with approval of a Conditional Use Permit. Parking: Pursuant to the Campbell Parking and Loading Ordinance, one parking space is required for each three seats for a restaurant use for a total of 24 parking spaces. The restaurant is an existing use with 70 seats and no additional seats are proposed. A total of 681 parking spaces are provided in the Kirkwood Plaza Shopping Center. General On-Sale Liauor License: Businesses that offer a general on-sale liquor license 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 general on-sale liquor license would be for consumption on site and would not be available to take off site. Staff Report - Planning Commission Meeting of November 13,2007 PLN2007-147 -1700 W. Campbell Avenue Page 3 With the recommended conditions of approval, staff finds that the proposed general on-sale liquor license is incidental to the restaurant operation, is compatible with the surrounding uses and properties within the area, and does not represent an over concentration of such establishments. Police Department Review: The Campbell Police Department has reviewed the application and has no objections to the proposed allowance of a general on-sale liquor license in conjunction with a restaurant. 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 as part of this approval. Attachments: 1. Findings for Approval of File No. PLN2007-147 2. Conditions of Approval for File No. PLN2007-147 3. Applicant's Written Statement 4. Resolution 3028, Approval for Beer and Wine Sales 5. Project Plans 6. Location Map ~~ Kimb.;,.ly Br - U, Plann.;,. IT -> Prepared by: Approved by: