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Use Permit - 2007May 9, 2007 Mr. Roman Bandy, Sr. Rico's Tacos 2523-A S. Winchester Boulevard Campbell, CA 95008 Re: PLN2007-39 - 2523-A S. Winchester Boulevard -- Use Permit -Rico's Tacos Dear Applicant: Please be advised that at its meeting of May 8, 2007, the Planning Commission Adopted Resolution No. 3807 granting a Conditional Use Permit (PLN2007-39) to allow on-sale beer and wine sales in conjunction with an existing restaurant (Rico's Tacos) 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 18, 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. Sincerely, imberly rosseau Planner II Cc: Frank Mills, Building Ed Arango, Public Works Chris Veargason, Fire Leo W. Pursley (Property Owner) 6081-L Meridian Avenue San Jose, CA 95120 70 North First Street Campbell, California 95008-1436 rep 408.866.2140 Fnx 408.871.5140 T~~ 408.866.2790 RESOLUTION NO. 3807 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVES A CONDITIONAL USE PERMIT (PLN2007-39) TO ALLOW ON-SALE BEER AND WINE SALES IN CONJUNCTION WITH AN EXISTING RESTAURANT (RICO'S TACOS) ON PROPERTY OWNED BY MR. LEO W. PURSLEY LOCATED AT 2523-A S. WINCHESTER BOULEVARD IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. ROMAN BANDY, SR., ON BEHALF OF RICO'S TACOS. FILE NO: PLN2007-39. 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 PLN2007-39. 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 1,200 square foot restaurant (Rico's Tacos) in an existing multi-tenant commercial building. 4. The existing 777 parking spaces will adequately address the parking needs of the subject site and proposed use. 5. The project site is located on the southwest corner of Winchester Boulevard and Budd Avenue and is surrounded by commercial uses and single-family residences to the north, commercial auto repair uses and multiple family residences to the south, multiple family residences to the west and a church and commercial uses to the east. 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 10:00 a.m. to 9:00 p.m., Monday through Sunday. Planning Commission Resulution No. 3807 PLN2007-39 - 2523-A. S. Winchester Boulevard -Use Permit -Rico's Tacos Page 2 9. The hours of operation shall be restricted to 9:00 a.m. to 10:00 p.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 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. Planning Commission Resolution No. 3807 PLN2007-39 - 2523-A. S. Winchester Boulevard -Use Permit -Rico's Tacos 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. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit (PLN2007-39) to allow on-sale beer and wine sales in conjunction with an existing restaurant (Rico's Tacos) on property owned by Mr. Leo W. Pursley located at 2523-A S. Winchester Boulevard 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 1. Approved Project: Approval is granted for a Conditional Use Permit (PLN2007-39) to allow on-sale beer and wine sales in conjunction with an existing restaurant use (Rico's Tacos) located at 2523A S. Winchester Boulevard. The project shall substantially conform to the project plans and project description received by the Planning Division on March 14, 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 10:00 a.m. to 9:00 p.m., Monday through Sunday. The closing time shall mean the business is closed. Planning Commission Resolution No. 3807 PLN2007-39 - 2523-A. S. Winchester Boulevard -Use Permit -Rico's Tacos Page 4 5. Operational Hours: The hours of operation shall be restricted to 9:00 a.m. to 10:00 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 44 seats. No additional seats are proposed. 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. Planning Commission Resolution No. 3807 PLN2007-39 - 2523-A. S. Winchester Boulevard -Use Permit -Rico's Tacos Page 5 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. 15. 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. 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 12 parking spaces will be provided. PASSED AND ADOPTED this 8th day of May, 2007, by the following roll call vote: AYES: Commissioners: Alderete, Doorley, Ebner, Francois, Gibbons and Rocha NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: None Roseberry None APPROVED: Michael Rocha, Chair Jackie C. Young Lind, Acting Secretary OF ~ CgMA U . er 0 o CITY OF CAMPBELL • PLANNING COMMISSION sf ~~ Staff Report • May 8, 2007 •~RGH Aa~• ITEM NO. 1 Public Hearing to consider the application of Roman Bandy, on behalf of PLN2007-39 Rico's Tacos, for a Conditional Use Permit (PLN2007-39) to allow on-sale Bandy, R. beer and wine sales in conjunction with an existing restaurant (Rico's Tacos) in Campbell Plaza Shopping Center on property owned by Leo Pursley, located at 2523A Winchester Blvd. in the P-D (Planned Development) 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 (PLN2007-39) to allow on-sale beer and wine sales in conjunction with an existing restaurant (Rico's Tacos), 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 Campbell Plaza Shoppin Center Net Lot Area: 11.3 acres Site Utilization: Building Coverage: 26% Paving Coverage: 64% Landscaping Coverage: 10% Subject Tenant Space: 1,200 square feet Parking: 777 spaces (shared parking for the entire Campbell Plaza) Proposed Business Hours: 10:00 a.m. to 9:00 p.m., Monday through Sunday Proposed Hours of Operation: 9:00 a.m. to 10:00 p.m., Monday through Sunday Staff Report -Planning Coi.~mission Meeting of May S, 2007 PLN2007-39 - 2523A Winchester Blvd. Page 2 Surrounding Uses: North: CommerciaU Single Family Residences East: Commercial/ Church South: CommerciaU Multiple Family Residential West: Multiple Family Residential DISCUSSION Applicant's Proposal: The applicant is requesting approval of a Conditional Use Permit to allow on-sale beer and wine sales in conjunction with an existing restaurant (Rico's Tacos) located at 2523A Winchester Blvd. within the Campbell Plaza Shopping Center (reference Attachment 3, Applicant's Written Statement). No facade improvements or expansion of the existing building is proposed. Business hours will be from 10:00 a.m. to 9:00 p.m., Monday through Sunday. Hours of operation will be from 9:00 a.m. to 10:00 p.m., Monday through Sunday. Back round: The Campbell Plaza Shopping Center (Safeway and the retail stores) was constructed in 1963 and the theater complex added in 1966. The shopping center consists of multiple single-story commercial buildings divided up into individual tenant spaces. Project Location: The Campbell Plaza Shopping Center is located on the southwest corner of Winchester Boulevard and Budd Avenue (reference Attachment 5, Location Map). The 11.3- acre shopping center is surrounded by commercial uses and single-family residences to the north, commercial auto repair uses and multiple family residences to the south, multiple family residences to the west and a church and commercial uses to the east. The subject tenant space is located on the southeast side of the shopping center, between Gus's Deli and Winchester Blvd. ANALYSIS General Plan Desi ation: The General Plan land use designation for the project site is Central Commercial. The proposed on-sale beer and wine sales in conjunction with a restaurant is consistent with this land use designation. Zonin Designation: The zoning designation for the project site is P-D (Planned Development). The P-D Zoning District would allow for on-sale beer and wine sales with approval of a Conditional Use Permit. The proposed project would be consistent with the Zoning Ordinance with approval of a Conditional Use Permit. Exterior Modifications: No exterior modifications to the building or the parking area are proposed as part of the application. Parkin: 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 15 parking spaces. The restaurant is an existing use with 44 seats and no additional seats are proposed. The Zoning Ordinance requires 634 parking spaces for the entire shopping center and currently there are 777 spaces provided. Staff Report -Planning Coi~~mission Meeting of May 8, 2007 PLN2007-39 - 2523A Winchester Blvd. Page 3 Beer and Wine License: Businesses that offer on-sale beer and wine sales are required to obtain a Conditional Use Permit. Issues for review by the Planning Commission include the compatibility of the proposed use with the surrounding uses and properties, the potential over concentration of similar liquor establishments, and the operational characteristics of the requested use. The proposed on-sale beer and wine sales would be for consumption on site and would not be available to take off site. With the recommended conditions of approval, staff finds that the proposed on-sale beer and wine sales 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 beer and wine sales in conjunction with an existing restaurant. 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. PLN2007-39 2. Conditions of Approval for File No. PLN2007-39 3. Applicant's Written Statement 4. Project Plans 5. Location Map Prepared by: v /~L0' Kimberly rosseau, Planner II Approved by: • Jac ie C. Young Lind, AI P, Acting Community Development Director Attachment # 1 FINDINGS FOR APPROVAL OF FILE NO. PLN2007-39 SITE ADDRESS: 2523A Winchester Blvd. APPLICANT: Roman Bandy P.C. MEETING: May 8, 2007 Findings for approval of a Conditional Use Permit for on-sale beer and wine sales in conjunction with an existing restaurant on property located at 2523A Winchester Blvd The Planning Commission finds as follows with regard to file number PLN2007-39: 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 1,200 square foot restaurant (Rico's Tacos) in an existing multi- tenant commercial building. 4. The existing 777 parking spaces will adequately address the parking needs of the subject site and proposed use. 5. The project site is located on the southwest corner of Winchester Boulevard and Budd Avenue and is surrounded by commercial uses and single-family residences to the north, commercial auto repair uses and multiple family residences to the south, multiple family residences to the west and a church and commercial uses to the east. 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 10:00 a.m. to 9:00 p.m., Monday through Sunday. 9. The hours of operation shall be restricted to 9:00 a.m. to 10:00 p.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 of 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. Attachment #2 CONDITIONS OF APPROVAL FOR FILE NO. PLN2007-39 SITE ADDRESS: 2523A Winchester Blvd. APPLICANT: Roman Bandy P.C. MEETING: May 8, 2007 The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the ordinances of the City of Campbell and the State of California. Where approval by the Community Development Director, City Engineer, Public Works Director, City Attorney, or Fire Department is required, that review shall be for compliance with all applicable Conditions of Approval, adopted policies and guidelines, ordinances, laws and regulations, and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified: COMMUNITY DEVELOPMENT DEPARTMENT Planning Division 1. Approved Project: Approval is granted for a Conditional Use Permit (PLN2007-39) to allow on-sale beer and wine sales in conjunction with a new restaurant use (Rico's Tacos) located at 2523A Winchester Blvd. The project shall substantially conform to the project plans and project description received by the Planning Division on March 14, 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 10:00 a.m. to 9:00 p.m., Monday through Sunday. The closing time shall mean the business is closed. Operational Hours: The hours of operation shall be restricted to 9:00 a.m. to 10:00 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 44 seats. No additional seats are proposed. Attachment #2 Page 2 of 2 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. Ste: 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 Mana eg ment: 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. 15. Trash & Clean Un: 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. 16. Parking and Driveway: 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. Attachment 3 March 12th, 2007 Written statement for liquor license: Rico's Tacos is a Mexican food serving restaurant that operates during the hours of 10:00 a .m to 9:00 p .m Monday thru Sunday and is located at 2523 A, Winchester Blvd. in Campbell California. Currently Rico's Tacos has 2 full time employees and 1 part time employees. There is a manager/supervisor on duty during all operating hours and there are 2 employees per shift. I am requesting a "permit" to sell liquor in Rico's Tacos restaurant because I believe that it would greatly benefit my business by 25%. The types of liquor I would like to sell are Corona, Modelo, and Budwieser. The hours in which I would sell liquor would be 10:00a .m to 9:00 p .m, and the amount of employees per shift would remain the same at 2 fulltime and 1 part time employee per shift. Rico's Tacos is the only selling location in which I am requesting a permit to sell liquor in. Currently I Concepcion Urias handle all of my business paper work and bookkeeping, and the bank in which I use is Bank of America, in which I have banked with them for 6 years. I project that the traffic remain the same possibly less during the winter season. As with traffic comes noise so the noise naturally will increase, however I do/do not expect to hear more/equal amount of noise as currently. My projection of the noise generated may increase during some summer days but not to exceed past hours of operation. However, I also project that the increased traffic could and may increase business for others in the area. This project is something that I have been working on and planning for 1 '/z years. I have researched the area, and found that I have a total of four neighbors that sell liquor one of them being thriving restaurant such as mine.