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Use Permit - Chef Ko - 2008February 13, 2008 Ming Ko Chau 831 Gale Drive, #52 Campbell, CA 95008 Re: PLN2007-192 - 876 W. Hamilton Avenue -Use Permit -Chef Ko Dear Applicant: Please be advised that at its meeting of February 12, 2008, the Planning Commission adopted Resolution No. 3868 approving a Conditional Use Permit (PLN2007-192) to allow on sale beer and wine sales 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, February 22, 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, Kimberly A. B seau Planner II cc: Joseph & Maria Kwong Trustee (Property Owners) 3281 Stander Drive San Jose, CA 95148 70 North First Street Campbell, California 9 5008-1 4 3 6 ~ TEL 408.866.2140 Fax 408.871.5140 ~ TDD 408.866.2790 RESOLUTION NO. 3868 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL GRANTING A CONDITIONAL USE PERMIT (PLN2007-192) TO ALLOW FOR BEER AND WINE SALES IN CONJUNCTION WITH AN EXISTING RESTAURANT (CHEF KO) ON PROPERTY OWNED BY JOSEPH AND MARIA KWONG LOCATED AT 876 W. HAMILTON AVENUE IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MING KO CHAU. FILE NO.: PLN2007-192. 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 PLN2007-192. 1. The proposed on-sale beer and wine sales in conjunction with a restaurant is consistent with the Central Commercial General Plan land use designation. 2. The proposed on-sale beer and wine sales in conjunction with a restaurant will be compatible with the P-D (Planned Development) zoning designation with approval of a Conditional Use Permit. 3. The project site consists of a 1,185 square foot restaurant (Chef Ko) in an existing multi-tenant commercial building. 4. The existing 30 parking spaces will adequately address the parking needs of the subject site and proposed use. 5. The project site is located on the southeast corner of Hamilton Avenue and Marathon Drive and is surrounded by commercial uses to the north, east and west and commercial and single family residential uses to the south. 6. The proposed project is consistent with other developments and uses in the surrounding area. 7. No exterior modifications to the building are proposed in conjunction with the proposed beer and wine sales. 8. The business hours shall be restricted to 11:00 a.m. to 9:30 p.m., Sunday through Saturday. 9. The hours of operation shall be restricted to 10:00 a.m. to 10:30 p.m., Sunday through Saturday. 10. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA). Planning Commission Resc,._cion No. 3868 PLN2007-192 - 876 W. Hamilton Avenue Use Permit - On-Sale Beer and Wine Sales -Chef Ko Restaurant Page 2 Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed project is consistent with the General Plan. 2. The proposed use is allowed within the applicable zoning district with Conditional Use Permit approval, and complies with all other applicable provisions of this Zoning Code and the Municipal Code. 3. The proposed site is adequate in terms of size and shape to accommodate the fences and walls, landscaping, parking and loading facilities, yards, and other development features required in order to integrate the use with uses in the surrounding area. 4. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic the use would be expected to generate. 5. The establishment of beer and wine sales will not result in an over concentration of such uses in the area. 6. The establishment of beer and wine sales, as conditioned, will not create a nuisance due to litter, noise, traffic, vandalism, or other factors. 7. The establishment of beer and wine sales, as conditioned, will not significantly disturb the peace and enjoyment of the nearby residential neighborhood. 8. The establishment of beer and wine sales 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. 12. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. Planning Commission Reso,_.ion No. 3868 PLN2007-192 - 876 W. Hamilton Avenue Use Permit - On-Sale Beer and Wine Sales -Chef Ko Restaurant Page 3 THEREFORE, BE IT RESOLVED that the Planning Commission grants a Conditional Use Permit (PLN2007-192) to allow for beer and wine sales in conjunction with an existing restaurant (Chef Ko) on property owned by Joseph and Maria Kwong located at 876 W. Hamilton Avenue in a P-D (Planned Development) 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 Approved Project: Approval is granted for a Conditional Use Permit (PLN2007-192) to allow on-sale beer and wine sales in conjunction with an existing restaurant use (Chef Ko) located at 876 W. Hamilton Avenue. The project shall substantially conform to the project plans and project description received by the Planning Division on December 13, 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. Business Hours: The hours of operation shall be restricted to 11:00 a.m. to 9:30 p.m Monday through Sunday. The closing time shall mean the business is closed. Operational Hours: The hours of operation shall be restricted to 10:00 a.m. to 10:30 p.m., Monday through Sunday. The closing time shall mean the business is closed and all employees have exited the building. 6. Restaurant Seating: The maximum number of seats for the restaurant shall be limited to the existing 38 seats. No additional seats are proposed. Planning Commission Reso,_~ion No. 3868 PLN2007-192 - 876 W. Hamilton Avenue Use Permit - On-Sale Beer and Wine Sales -Chef Ko Restaurant Page 4 7. 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. 8. Si na e: 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. 9. 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. 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 41 (On-Sale Beer and Wine 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 available at all times alcoholic beverages are served. 13. Loitering: 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. 14. 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 and Rear Doors: The front and rear doors to the business shall not remain in an open position during business hours. 15. Trash & Clean Ug: 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. Planning Commission Resolution No. 3868 PLN2007-192 - 876 W. Hamilton Avenue Use Permit - On-Sale Beer and Wine Sales -Chef Ko Restaurant Page 5 16. 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 13 parking spaces will be provided. PASSED AND ADOPTED this 12~' day of February, 2008, by the following roll call vote: AYES: Commissioners: Alderete, Doorley, Ebner, Gairaud, Gibbons, Rocha and Roseberry NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None APPROVED: Bob Roseberry, it ATTEST: ,~ J ie C. oung nd, Acting Secretary