Use Permit - Mama Mia's - 2011August 25, 2011
Mr. Frank Leamy
Mama Mia's
200 E. Hamilton Avenue
Campbell, CA 95008
Re: PLN2011-156 - 200 E. Hamilton Avenue -Use Permit -Mama Mia's
Dear Applicant:
" Please be advised that at its meeting of August 23, 2011, the Planning Commission
adopted Resolution No. 4032 approving a Conditional Use Permit (PLN2011-156) to allow
general liquor sales and minor interior remodel in conjunction with an existing restaurant
(Mama Mia's) 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, September 2, 2011. 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, do not hesitate to contact me at (408) 866-2140.
Sincerely,
Steve Prosser
Associate Planner
cc Ross-Green Valley II (Property Owner)
c/o MCM Diversified, Inc.
777 N. First Street, #600
San Jose, CA 95112
RESOLUTION NO. 4032
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
(PLN2011-156) TO ALLOW GENERAL LIQUOR SALES AND MINOR
INTERIOR REMODEL IN CONJUNCTION WITH AN EXISTING
RESTAURANT (MAMA MIA'S) ON PROPERTY LOCATED AT 200 E.
HAMILTON AVENUE IN A C-2 (GENERAL COMMERCIAL) ZONING
DISTRICT. FILE NO.: PLN2011-156
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 PLN2011-156
Environmental Finding
1. The project qualifies as a Categorically Exempt project per Section 15301 Class 1 of the
California Environmental Quality Act (CEQA) pertaining to minor alterations to an existing
private structure, involving negligible or no expansion of use beyond that existing at the
time of the lead agency's determination.
Evidentiary Findings
1. The project site is located at the southeast corner of East Hamilton Avenue and North 3~d
Street.
2. The project site consists of a 4,016 square foot existing commercial building.
3. The project site is zoned C-2 (General Commercial) on the City of Campbell Zoning Map
and is designated General Commercial on the City of Campbell General Plan Land Use
Map.
4. The proposed project will be compatible with the C-2 (General Commercial) with the
approval of a Conditional Use Permit.
5. The Police Department has reviewed the project and is supportive of the project as
conditioned.
6. The hours of operation shall be restricted to:
• Business Hours: 11:30 AM to 11:00 PM, Daily
• Operational Hours: 10:00 AM to 12:00 AM, Daily
Planning Commission Resolution No. 4032
PLN2011-156 - 200 E. Hamilton Avenue -Use Permit -General Liquor Sales (Mama Mia's)
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7. The proposed general alcohol sales in conjunction with a restaurant use will be
compatible with the C-2 (General Commercial) zoning designation with approval of a
Conditional Use Permit and is consistent with the Commercial General Plan land use
designation.
8. The proposed project is consistent with other developments and uses in the surrounding
area.
9. Minor interior modifications to the building are proposed in conjunction with the proposed
general alcohol sales.
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 restaurant use with general alcohol sales and limited late night
activity will not result in an over concentration of such uses in the area.
6. The establishment of a restaurant use with general alcohol sales and limited late night
activity will not create a nuisance due to litter, noise, traffic, vandalism, or other factors.
7. The establishment of a restaurant use with general alcohol sales and limited late night
activity, as conditioned, will not significantly disturb the peace and enjoyment of the
nearby residential neighborhood.
8. The establishment of a restaurant use with general alcohol sales and limited late night
activity 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.
Planning Commission Resolution No. 4032
PLN2011-156 - 200 E. Hamilton Avenue -Use Permit -General Liquor Sales (Mama Mia's)
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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.
THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional
Use Permit (PLN2011-156) to allow general liquor sales and minor interior remodel in
conjunction with an existing restaurant (Mama Mia's) on property located at 200 E.
Hamilton Avenue in a C-2 (General Commercial) Zoning District.
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 (PLN2011-156) to
allow limited late night activity and general alcohol sales associated with an existing
restaurant use (Mama Mia's) within an existing 4,016 square foot commercial building.
The project shall substantially conform to the revised project plans stamped as received
by the Planning Division on July 12, 2011, except as may be modified by the Conditions
of Approval herein.
2. Planning Final Required: Planning Division clearance is required 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 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 a City Business License obtained or the Conditional Use Permit
shall be rendered void. Once established, approvals for the use shall be valid in
perpetuity with continued operation of the use. Abandonment, discontinuation, or
Planning Commission Resolution No. 4032
PLN2011-156 - 200 E. Hamilton Avenue -Use Permit -General Liquor Sales (Mama Mia's)
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ceasing of operations for a continuous period of twelve months shall void the Conditional
Use Permit approved herein.
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 this approval by the Planning Commission.
5. Operational Standards: Consistent with City standards, any restaurant operating
pursuant to the Conditional Use Permit approved herein shall conform the following
operational standards:
a. Maximum Occupancy: The maximum patron occupancy for this tenant space shall
not exceed the maximum number of seats allowed pursuant to the Conditional Use
Permit approval, or 98 persons.
b. Restaurant Seating: Total seating in the restaurant shall be limited to 98 seats,
including bar seating.
c. Bar Hours: The bar shall not stay open past the hours of operation of the restaurant.
d. Food Service: Full menu food service shall be provided at all time (i.e., the kitchen
shall not be closed during the Business Hours).
e. Alcohol Beverage Service: Alcohol beverage service in the dining room area shall
only be allowed in conjunction with food service. The dining room area shall not be
converted to a bar or dance area.
f. Bar Meal Service: Meal service shall be permitted in the bar at all times.
g. Hours of Operation: Business Hours shall be restricted to 11:30 AM to 11:00 PM,
daily. By the end of Business Hours all patrons shall have exited the restaurant. The
Hours of Operation shall be restricted to 10:00 AM to 12:00 AM, daily. By the end of
the Hours of Operation all employees shall have exited the restaurant.
h. Outdoor Seating: No outdoor seating is permitted as part of the Conditional Use
Permit. Future requests for outdoor seating shall be through approval of a
Modification to the Conditional Use Permit in compliance Campbell Municipal Code
Sec. 21.36.150.
i. Doors and Windows: All doors and windows shall remain closed after 10:00 PM.
j. Loitering: There shall be no loitering allowed outside the business. The business
owner is responsible for monitoring the premises to prevent loitering.
k. Noise: Any noises, sounds and/or voices, including but not limited to amplified
sounds, loud speakers, sounds from audio sound systems, music, and/or public
address system, generated by the subject use shall not be audible to a person of
normal hearing capacity from any residential property. In the event complaints are
received by the City regarding noise, the Community Development Director may
immediately modify the hours of operation, subject to the project being brought back
to the Planning Commission for review.
I. 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 AM and 11:00 PM daily.
Planning Commission Resolution No. 4032
PLN2011-156 - 200 E. Hamilton Avenue -Use Permit -General Liquor Sales (Mama Mia's)
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m. Liquor License: Prior to application for a City Business License, the applicant shall
obtain a Type 47 license from the State Department of Alcoholic Beverage Control.
The establishment shall use an employee training manual that addresses alcoholic
beverage service consistent with the standards of the California Restaurant
Association and the Department of Alcoholic Beverage Control.
n. Outdoor Cooking: No outdoor cooking (i.e., grilling, smoking, etc.) is permitted in
association with the establishment.
6. Parking: All parking and driveway areas shall be maintained in compliance with the
standards in Chapter 21.28 (Parking & Loading) of the Campbell Municipal Code.
7. Compliance with Other Regulations: The applicant shall comply with all state, county,
and city regulations and laws that pertain to the proposed project.
8. On-Site Lighting: On-site lighting shall be shielded away from adjacent properties and
directed on site. The design and type of lighting fixtures and lighting intensity of any
proposed exterior lighting for the project shall be reviewed by the Community
Development Director prior to installation of the lighting for compliance with all applicable
Conditions of Approval, ordinances, laws and regulations. The Director will have the
authority to reject, approve or request modifications to the lighting design to achieve
these goals.
9. Construction Activities: The applicant shall abide by the following requirements during
construction:
a. The project site shall be posted with the name and contact number of the lead
contractor in a location visible from the public street prior during all periods of
construction.
b. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00 p.m.
and Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take place on
Sundays or holidays unless an exception is granted by the Building Official.
c. All construction equipment with internal combustion engines used on the project site
shall be properly muffled and maintained in good working condition.
d. Unnecessary idling of internal combustion engines shall be strictly prohibited.
e. All stationary noise-generating construction equipment, such as air compressors and
portable power generators, shall be located as far as possible from noise-sensitive
receptors such as existing residences and businesses.
f. Use standard dust and erosion control measures that comply with the adopted Best
Management Practices for the City of Campbell.
Building Division
10. Permits Required: A building permit application shall be required for the proposed
alterations to the existing commercial structure. The building permit shall include
Electrical/Plumbing/Mechanical fees when such work is part of the permit.
Planning Commission Resolution No. 4032
PLN2011-156 - 200 E. Hamilton Avenue -Use Permit -General Liquor Sales (Mama Mia's)
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11. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet
of construction plans submitted for building permit.
12. Size of Plans: The minimum size of construction plans submitted for building permits
shall be 24 in. X 36 in.
13. Plan Preparation: This project requires plans prepared under the direction and oversight
of a California licensed Engineer or Architect. Plans submitted for building permits shall
be "wet stamped" and signed by the qualifying professional person.
14. Site Plan: Application for building permit shall include a competent site plan that
identifies property and proposed structures with dimensions and elevations as
appropriate. Site plan shall also include site drainage details. Site address and parcel
numbers shall also be clearly called out. Site parking and path of travel to public
sidewalks shall be detailed.
15. Title 24 Energy Compliance: California Title 24 Energy Compliance forms shall be blue-
lined on the construction plans. 8'/2 X 11 calculations shall be submitted as well.
Compliance with the Standards shall be demonstrated for conditioning of the building
envelope and lighting of the building.
16. Special Inspections: When a special inspection is required by C.B.C. Chapter 17, the
architect or engineer of record shall prepare an inspection program that shall be
submitted to the Building Official for approval prior to issuance of the building permits, in
accordance with C.B.C Appendix Chapter 1, Section 106. Please obtain City of
Campbell, Special Inspection forms from the Building Inspection Division Counter.
17. Non-point Pollution Control Program: The City of Campbell, standard Santa Clara Valley
Non-point Source Pollution Control Program specification sheet shall be part of plan
submittal. The specification sheet (size 24" X 36") is available at the Building Division
service counter.
18. Title 24 Accessibility -Commercial: On site general path of travel shall comply with the
latest California Title 24 Accessibility Standards. Work shall include but not be limited to
accessibility to building entrances from parking facilities and sidewalks.
19. Title 24 Accessibility -Commercial: Projects seeking to use the Title 24 Hardship
exemption clause shall blue-line completed, City of Campbell "20%" exemption form on
submitted construction plans. Form is available at Building Division service counter.
20. Approvals Required: The project requires the following agency approval prior to
issuance of the building permit:
a. West Valley Sanitation District
b. Santa Clara County Fire Department
c. Santa Clara County Department of Environmental Health
Planning Commission Resolution No. 4032
PLN2011-156 - 200 E. Hamilton Avenue -Use Permit -General Liquor Sales (Mama Mia's)
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21. P.G.&E: Applicant is advised to contact Pacific Gas and Electric Company as early as
possible in the approval process. Service installations, changes and/or relocations may
require substantial scheduling time and can cause significant delays in the approval
process. Applicant should also consult with P.G. and E. concerning utility easements,
distribution pole locations and required conductor clearances.
PASSED AND ADOPTED this
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
APPROVED:
Bob Roseberry,C
ATTEST:
Kirk Heinrichs, Secretary
23rd day of August, 2011, by the following roll call vote:
Alster, Brennan, Gibbons, Resnikoff and Reynolds
Roseberry
None
Ebner
None