PC Res 4083RESOLUTION N0.4083
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A MODIFICATION OF A
PREVIOUSLY APPROVED CONDITIONAL USE PERMIT (UP
98-01) TO ALLOW NEW YEAR'S EVE EVENTS UNTIL 1 AM
AND TO FORMALIZE ALLOWANCE OF LIVE ENTERTAINMENT
FOR AN EXISTING BANQUET HALL FACILITY ON PROPERTY
LOCATED AT 35 S. SECOND STREET / 200 E. CAMPBELL
AVENUE. FILE NO: PLN2012-172
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 PLN2012-172:
1. The project site is located at the southwest corner of South Second Street and East
Campbell Avenue. The site is developed with a two-story commercial building
accommodating a restaurant/brewery (Sonoma Chicken Coup/Campbell Brewing
Company) and the Villa Ragusa banquet hall.
2. The project site is zoned C-3 (Central Business District) and designated Central
Commercial by the General Plan Land.
3. Late night hours of operation and live entertainment within an existing banquet hall facility
is consistent with the Central Commercial General Plan land use designation and the C-3
(Central Business District) Zoning District with approval of a Conditional Use Permit.
4. The project site was developed pursuant to Site and Architectural Review Permit (S 98-
01)and Conditional Use Permit (UP 98-01).
5. Live entertainment for the on-site restaurant use was granted by Conditional Use
Permit PLN2002-90 and is unaffected by the proposed modification.
6. Live entertainment shall be limited to disk jockeys and bands providing entertainment in
conjunction with and ancillary to events within the banquet hall facility.
7. Live entertainment within the banquet hall facility is consistent with the guidelines of the
Downtown Development Plan.
8. The proposed project is compatible with the surrounding commercial and residential
uses within the neighborhood.
9. Current hours of operation are from 8 AM to 11 PM Sunday through Thursday and 8
AM to 12 AM, Friday, Saturday and holidays. The proposed modification would allow
an extension of hours of operation until 1 AM, for New Year's Eve.
10. The proposed modification does not affect the parking usage or capacity of the
project site.
Planning Commission Resolution No. 4083 Page 2
PLN2012-172 - 35 S. Second St. / 200 E. Campbell Ave. -Modification
11. The Police Department has no objections to the proposed project.
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 and Zoning Ordinance.
2. The establishment, maintenance, or operation of the use will not be detrimental to the
public health, safety, peace, morals, comfort or general welfare of persons residing or
working in the neighborhood of such proposed use, or be detrimental or injurious to
property and improvements in the neighborhood or to the general welfare of the City.
3. The proposed use is compatible with the uses in the area.
4. The subject site is adequate in size and shape to accommodate the yards, walls,
fences, parking and loading facilities, landscaping, and other development features
required in order to integrate said use with uses in the surrounding area.
5. The subject site is adequately served by streets of sufficient capacity to carry the kind
and quantity of traffic such use would generate.
6. 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.
7. Categorically Exempt under 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.
THEREFORE, BE IT RESOLVED the Planning Commission approves a Modification
(PLN2012-172) of a previously approved Conditional Use Permit (UP 98-01) for an
existing banquet hall facility on property located at 35 S. Second St. / 200 E. Campbell
Ave., subject to the attached Modified Conditions of Approval (attached Exhibit "A").
PASSED AND ADOPTED this 11th day of September, 2012, by the following roll call vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
ATTEST:
Resnikoff, Reynolds, Finch, and Roseberry
Gibbons, Brennan
None
Razumich
. ~?
APPROVED:
Phillip C. Reynolds, Chai
Modified Conditions of Approval Exhibit A
Modification of a Conditional Use Permit (UP 98-01)
PLN2012-172 - 35 S. Second St. / 200 E. Campbell Ave.
All conditions of approval for Conditional Use Permit UP 98-01, included in Planning
Commission Resolution No. 3160, shall remain in full force and effect, except as modified
herein. Where applicable, the conditions of approval modified herein shall supersede
those duplicated by Planning Commission Resolution No. 3159. Removed text is shown in
s#~ee~tt and new text underlined.
1. Approved Project: Approval is granted for a Use Permit to allow extended hours of
operation and on-sale general liquor services for a restaurant and a banquet hall
facility, live entertainment and dancing limited to the banquet hall facility, and
establishment of a microbrewery solely in conjunction with the restaurant use for the
development to be located on property at 35 South Second Street / 200 East Campbell
Avenue. The uses shall comply with the project description as submitted by the
applicant except as herein modified by the conditions of approval. The approved
banquet hall facility is a "full-time" 'banquet facility' as defined by Campbell Municipal
Code Section 21.72.020.B. Activity inconsistent with this definition is prohibited.
5. Hours of Operation:
a. The hours of operation for the restaurant/brewery shall be limited to:
Monday -Saturday 8:00 a.m. to 2:00 a.m.
& Holidays
Sunday 8:00 a.m. to 12:00 a.m.
b. The hours of operation for the banquet hall facility shall be limited as follows.
Preparation and clean-up activities shall be limited to two hours prior to and one
hour after the hours of operation.
Sunday -Thursday 8:00 a.m. to 11:00 p.m.
Friday -Saturday 8:00 a.m. to 12:00 a.m.
& Holidays
December 31St 8:00 a.m. to 1:00 a.m.
New Year's Eve)
13. Garbage Collection: Trash containers of a size and quantity necessary to serve new or
modified building areas shall be located in areas approved by the Fire Department.
Unless otherwise noted, enclosures, shall consist of a concrete floor surrounded by a
solid wall or fence and have self closing doors of a size specified by the Fire
Department. All enclosures to be constructed at grade level and have a level area
adjacent to the trash enclosure area to service those containers.
All trash, normal clean up, carpet cleaning, etc. shall not be done in the late evening or
early morning hours. All clean up and trash collection shall be done between 7:00 a.m.
and 11:00 p.m., daily. Refuse and recycling containers shall be kept in the enclosure at
all times except when being emptied by collection personnel.
Modified Conditions of Approval
Modification of a Conditional Use Permit (UP 98-01)
PLN2012-172 - 35 S. Second St. / 200 E. Campbell Ave.
Page 2
19. Live Entertainment and Dancing
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entertainment and dancing for the banquet hall facility is permitted subject to the
following restrictions:
a. The applicant shall process a Live Entertainment Permit with the Police
Department consistent with Chapter 5.24 of the Campbell Municipal Code.
b. Live entertainment shall be limited to disk jockeys and bands providing
entertainment in conjunction with and ancillary to events held within the banquet
hall facility.
c. Amplified music is subject to the noise management restrictions provided for in
Condition of Approval No. 9.
d. Live entertainment shall be arranged and paid for by clients of the banquet hall
facility.
20.Training for All New Event Manager(s): Each time a new event manager assumes
responsibility for the banquet hall facility said manager shall contact the Community
Development Department within their first month to schedule an orientation meeting
with City staff to become familiar with the specific conditions of approval in place for
this facility.
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