PC Res 4064RESOLUTION NO. 4064
BEING A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL
USE PERMIT (PLN2012-02) TO ALLOW A GENERAL ON-
SALE LIQUOR LICENSE AND LATE-NIGHT OPERATIONAL
HOURS IN CONJUNCTION WITH A NEW RESTAURANT
(BROWN CHICKEN BROWN COW) ON PROPERTY
LOCATED AT 397 E. CAMPBELL AVENUE IN THE C-3
(CENTRAL BUSINESS DISTRICT) ZONING DISTRICT. FILE
NO.: PLN2012-02
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 PLN2012-02:
1. The project site is zoned C-3 (Central Business District) and designated Central
Commercial by the General Plan Land.
2. The project site consists of a 6,239 square-foot parcel, improved with a 1,328 square-
foot tenant space.
3. The project site is located along East Campbell Avenue between N. Central and
Railway Avenue.
4. The requested Conditional Use Permit would allow a general on-sale liquor license
and late-night operational hours in conjunction with an existing restaurant.
5. The approval of a Conditional Use Permit incorporates applicable operational
standards of the Downtown Alcohol Beverage Policy.
6. Alcohol beverage service in the restaurant shall be ancillary and subordinate to the
primary purpose of serving food.
7. The Police Department has reviewed the project and is supportive of the project as
conditioned.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. 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 Campbell Municipal Code;
2. The proposed use is consistent with the General Plan;
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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 will not result in an over-concentration of these uses in the
surrounding area;
8. The establishment will not create a nuisance due to litter, noise, traffic, vandalism, or
other factors;
9. The establishment will not significantly disturb the peace and enjoyment of the
nearby residential neighborhood;
10. The establishment will not significantly increase the demand on city services;
11.As conditioned, the establishment will be consistent with the Campbell Downtown
Alcohol Policy.
12.The project is Categorically Exempt under Section 15060(c)(2) of the California
Environment Quality Act (CEQA), pertaining to activities that will not result in a direct
or reasonably foreseeable indirect physical change to the environment.
THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional
Use Permit (PLN2012-02) to allow a general on-sale liquor license and late-night
operational hours in conjunction with a new restaurant (Brown Chicken Brown Cow) on
property located at 397 E. Campbell Avenue.
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
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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 (PLN2012-02) to
allow a general on-sale liquor license and late-night operational hours in conjunction
with a new restaurant. The project shall substantially conform to the revised project
plans and project description stamped as received by the Planning Division on April
4, 2012 and January 4, 2012, respectively, except as may be modified by the
conditions of approval contained herein.
2. Conditional Use Permit Approval Expiration: The Conditional Use Permit approved
herein shall be valid for one year from the date of final approval (May 18, 2013).
Within this one-year period, the new restaurant shall be established on site. Approval
for a general on-sale liquor license and late-night operational hours in conjunction
with a new restaurant shall be valid in perpetuity with continued operation of the use.
Abandonment, discontinuation, or ceasing of operations for a continuous period of
twelve months shall void the Conditional Use Permit approved herein.
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 or any laws of the
State of California applicable to operation of the business, shall be grounds for
consideration of revocation of this approval by the Planning Commission.
4. Operational Standards: Consistent with Downtown Alcohol Beverage Policy and
other City standards, any restaurant operating pursuant to the Conditional Use Permit
approved herein shall conform to the following operational standards. The approved
use is a full service restaurant that includes a 36 indoor dining area and an ancillary
eight seat bar area.
a. Restaurant Seating/Patron Occupancy: Total indoor patron occupancy shall be
limited to 36 patrons, consistent with 28 dining area seats and eight bar area
seats, subject to the maximum occupancy capacities of certain rooms as
determined by the California Building Code (CBC). At no time shall there be more
than 36 patrons within the establishment. It is the responsibility of the business
owner to provide adequate entrance controls to ensure that patron occupancy is
not exceeded. Maximum Occupancy signs shall be posted conspicuously within
the premises.
b. Food Service: Full menu food service shall be provided at all times during the
Business Hours in the dining, outdoor seating, and bar areas (i.e., the kitchen
shall not be closed).
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c. Live Entertainment: No live entertainment is permitted as part of the Conditional
Use Permit approval, including live music, disc jockey, karaoke, and dancing.
Future requests for live entertainment shall be through approval of a Modification
to the Conditional Use Permit and shall be limited to live musicians complimentary
to the primary purpose of proving meal service.
d. Alcohol Beverage Service: Alcohol beverage service in the dining area shall
only be allowed in conjunction with food service. The dining area shall not be
converted to a bar area or dance area.
e. Smoking: "No Smoking" signs shall be posted on the premises in compliance
with CMC 6.11.060.
f. Bar Area Meal Service: Meal service shall be available in the bar area at all
times.
g. Hours of Operation: Business Hours shall be restricted to 9:00 AM to 12:00 AM,
Sunday through Saturday. Business hours for the outdoor seating areas shall be
restricted to 9:00 AM to 11:00 PM, Sunday through Saturday. By the end of
Business Hours all patrons shall have exited the outdoor seating areas (11:00
PM) and the restaurant (12:00 AM). The Hours of Operation shall be restricted to
6:00 AM to 1:30 AM, Sunday through Saturday. By the end of the Hours of
Operation all employees shall be off the premises.
h. Outdoor Seating: Outdoor seating shall be considered part of the dining area
subject to all restrictions herein. The outdoor dining area shall close at 11:00 PM.
At that time all patrons shall leave the outdoor seating area and relocate inside
the restaurant as long as the total indoor occupancy of 36 patrons is not
exceeded. Total occupancy within the outdoor seating areas shall not exceed 32
patrons.
i. Total patron occupancy in the outdoor seating shall be limited to the number of
approved seats as specified by an approved Outdoor Seating Permit.
j. Loitering: There shall be no loitering allowed outside the business and within the
outside dining area. 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 establishment shall not be audible to a person
of normal hearing capacity from any residential property. In the event verified
complaints are received by the City regarding such noise, the Community
Development Director may immediately modify the business hours/hours of
operation, subject to the project being brought back to the Planning Commission
for review.
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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.
m. Liquor License: The applicant shall obtain and maintain in good standing a
license from the State Department of Alcoholic Beverage Control for the sale of
alcoholic beverages. The license shall include the Business Hour restrictions
consistent with the Conditional Use Permit approved herein.
n. Employee Training: 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.
o. Designated Driver Program: If deemed necessary by the Community
Development Director, the establishment shall maintain and actively promote a
designated driver program (e.g., complimentary non-alcoholic beverages for
designated drivers).
p. Taxicab Service: The establishment shall post in a conspicuous place the
telephone numbers of local taxicab services.
q. Outdoor Activity: Other than outdoor seating, no outdoor activity (e.g., cooking)
is permitted in association with the establishment.
5. Outdoor Seating Area Lighting: Prior to the issuance of any building permit, the
applicant shall provide an outdoor seating area lighting plan showing types and
location of lighting to the satisfaction of the Community Development Director and the
Campbell Police Department to ensure adequate safety lighting during the approved
business operating hours.
6. Refuse Container: Prior to the issuance of any building permit, the applicant shall
provide to the City a reciprocal shared refuse container agreement ensuring that the
applicant or their successor will have access and free use of the trash and refuse
container located on 54 N. Central. The shared refuse container agreement shall be
prepared to the satisfaction of the Community Development Director and City
Attorney and be recorded against the title for both 397 E. Campbell Avenue and 54
N. Central Avenue. The shared refuse container agreement shall only be removed
with the express written consent of the City of Campbell once a refuse and recycling
container and enclosure that satisfies both local and state regulations, has been
established on the project site.
7. Si na e: No signage is approved as part of the Conditional Use Permit. All
proposed signage shall comply with the downtown sign regulations set forth in CMC
Section 21.10.060(K). Temporary "sandwich board", "A-frame", or other off-site signs
are expressly prohibited.
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8. Location of Mechanical Equipment: No roof-mounted mechanical equipment (i.e. air
conditioning units, kitchen 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.
Building Division:
9. Permits Required: A building permit application shall be required for the proposed
restaurant tenant improvement in the (e) commercial structure. The building permit
shall include Electrical/Plumbing/Mechanical fees when such work is part of the
permit.
10. Construction Plans: The Conditions of Approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
11. Size of Plans: The minimum size of construction plans submitted for building permits
shall be 24 in. X 36 in.
12. 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.
13. 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.
14.Title 24 Energy Compliance: California Title 24 Energy Compliance forms shall be
blue-lined on the construction plans. Compliance with the Standards shall be
demonstrated for conditioning of the building envelope and lighting of the building.
15. 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.
16. 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.
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17. 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.
18. 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.
19. Approvals Required: The project requires the following agency approval prior to
issuance of the building permit:
a. West Valley Sanitation District (378-2407)
b. Santa Clara County Fire Dept. (378-4010)
c. Santa Clara County Dept. of Environmental Health (918-3400)
d. San Jose Water Company (408 279-7900)
e. City of San Jose Dept. of Environmental Services (535-8550)
20. 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.
COUNTY FIRE DEPARTMENT
21. Development Review: Review of this development proposal is limited to acceptability
of site access and water supply as they pertain to fire department operations, and
shall not be construed as a substitute for formal plan review to determine compliance
with adopted model codes. Prior to performing any work, the applicant shall make
application to, and receive from, the Building Department all applicable construction
permits.
22. Commercial Cooking Systems: Commercial cooking equipment that produces grease
laden vapors shall be provided with a Type I Hood, in accordance with the California
Mechanical Code, and an automatic fire extinguishing system that is listed and
labeled for its intended use. CFC Sec. 904.11, as adopted and amended by CBLMC.
23. Premises Identification: Approved numbers or addresses shall be placed on all new
and existing buildings in such a position as to be plainly visible and legible from the
street or road fronting the property. Numbers shall contrast with their background.
CFC Sec. 505.
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PASSED AND ADOPTED this 8t"day of May, 2012, by the following roll call vote:
AYES: Commissioners: Brennan, Gibbons, Resnikoff, Reynolds
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
Roseberry
None
Ebner
Alster
APPROVED: L '
Philip C. eynol , Jr , ing Chair
ATTEST:
Kirk~Heinrich ,Secretary
,`
and