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PC Res 4093RESOLUTION NO. 4093 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING AN ADMINISTRATIVE PLANNED DEVELOPMENT PERMIT (PLN2012-269), A MODIFICATIN (PLN2012-270) TO A PREVIOUSLY APPROVED CONDITIONAL USE PERMIT AND A PARKING MODIFICATION PERMIT (PLN2013-18) TO ALLOW FOR THE EXPANSION OF AN EXISTING RESTAURANT (TIGELLERIA RISTORANTE) INTO AN ADJACENT TENANT SPACE ON PROPERTY OWNED BY FOURTH CAMPBELL CORNER, LLC, LOCATED AT 76 & 86 E. CAMPBELL AVENUE. 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 PLN2012-269/270 & PLN2013-18: 1. The project site is zoned P-D (Planned Development) and designated Central Commercial by the General Plan Land. 2. The project site consists of a 7,703 square-foot parcel, improved with a 2,958 square- foot building. 3. The project site is located at the southeast corner of East Campbell Avenue and Fourth Street. 4. Planning Commission Resolutions No. 3794 and 3795, approved by the Planning Commission on February 13, 2007, granted a Conditional Use Permit and Administrative Planned Development Permit, for establishment of a restaurant with general on-sale alcohol sales. 5. The proposed project includes Modification (PLN2012-270) to the previously approved Conditional Use Permit, an Administrative Planned Development Permit (PLN2012-269), and a Parking Modification Permit (PLN2013-18), to allow an expansion of the existing restaurant. 6. The Conditions of Approvals incorporate applicable operational standards of the Downtown Alcohol Beverage Policy. 7. Alcohol beverage service in the restaurant will remain ancillary and subordinate to the primary purpose of serving food. 8. The Police Department has reviewed the project and is supportive of the project as conditioned. Planning Commission Resolution No.4093 PLN2012-269/270 & PLN2013-18 - 76 & 86 E. Campbell Avenue - Tigelleria Ristorante Administrative PD Permit, Modification of CUP & Parking Modification Permit Page 2 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; 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. Planning Commission Resolution No.4093 PLN2012-269/270 & PLN2013-18 - 76 & 86 E. Campbell Avenue -Tigelleria Ristorante Administrative PD Permit, Modification of CUP & Parking Modification Permit Page 3 THEREFORE, BE IT RESOLVED that the Planning Commission approves an Administrative Planned Development Permit (PLN2012-269), a Modification (PLN2012- 270) to a previously approved Conditional Use Permit and a Parking Modification Permit (PLN2013-18) to allow for the expansion of an existing restaurant (Tigelleria Ristorante) into an adjacent tenant space on property owned by Fourth Campbell Corner, LLC, located at 76 & 86 E. Campbell Avenue. 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 Proiect: Approval is granted for an Administrative Planned Development (PLN2012-269), a Modification (PLN2012-269) to a previously approved Conditional Use Permit, and a Parking Modification Permit (PLN2013-18) to allow an expansion of an existing restaurant with approved general alcohol sales into an adjacent tenant space. The project shall substantially conform to the Revised Project Plans and Project Description stamped as received by the Planning Division on January 16, 2013 and December 19, 2012, respectively, except as may be modified by the conditions of approval contained herein. 2. Previous Conditions of Approval: Upon the effective date of the Resolution approving this Modification and Administrative Planned Development Permit, previously approved Conditions of Approval provided in Planning Commission Resolutions No. 3794 and 3795 shall be void and shall permanently be superseded in their entirety by the Conditions of Approval specified herein. 3. Approval Expiration: The approval shall be valid for one year from the date of final approval (February 24, 2014). Within this one-year period, a building permit for the restaurant expansion must be obtained and work commenced. Once established, approvals for the expanded restaurant shall be valid in perpetuity with continued operation. Abandonment, discontinuation, or ceasing of operations for a continuous period of twelve months shall void the Modified Conditional Use Permit and Administrative Planned Development Permit approved herein. 4. Revocation of Permit: Operation of the use in violation of the Modified Conditional Use Permit and Administrative Planned Development Permit or any standards, codes, or Planning Commission Resolution No.4093 PLN2012-269/270 & PLN2013-18 - 76 & 86 E. Campbell Avenue - Tigelleria Ristorante Administrative PD Permit, Modification of CUP & Parking Modification Permit Page 4 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. 5. Operational Standards: Consistent with Downtown Alcohol Beverage Policy and other City standards, any restaurant operating pursuant to the Modified Conditional Use Permit and Administrative Planned Development Permit approved herein shall conform to the following operational standards. The use is a standard restaurant with a separate bar area. a. Restaurant Seating/Patron Occupancy: Total indoor patron occupancy shall be limited to 56 persons, consistent with the approved project plans. At no time shall there be more than 56 patrons within the establishment, excluding those waiting for service. It is the responsibility of the business owner to provide adequate entrance controls to ensure that patron occupancy is not exceeded. b. Floor Plan: At no time shall the seating be reconfigured to created large open spaces for patrons to congregate, dance, drink, or socialize. All tables and chair shall be placed in such a manner to allow sufficient area for dining. At no time shall tables and chairs be stacked or removed from the identified dining area or placed outside. c. Bar Area Seating: Future changes to the bar area shall not increase the bar area seating to more than 25% of the total seating allowed for the establishment. d. Hours of Operation: Hours of operation shall be as follows. By the end of 'Business Hours' all patrons shall have exited the restaurant. By the end of the 'Operational Hours' all employees shall be off the premises. • Business Hours 11:00 AM - 10:00 PM, Sunday -Thursday 11:00 AM - 11:00 PM, Friday -Saturday • Operational Hours: 10:00 AM - 11:00 PM, Sunday -Thursday 10:00 AM - 12:00 AM, Friday -Saturday e. 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). f. Bar Area Meal Service: Meal service shall be available in the bar area at all times. g. Live Entertainment: No live entertainment is permitted as part of the Modified Conditional Use Permit approval, including live music, disc jockey, karaoke, and dancing. Future requests for live entertainment shall be through approval of an Administrative Planned Development Permit and shall be limited to live musicians complimentary to the primary purpose of proving meal service. Planning Commission Resolution No.4093 PLN2012-269/270 & PLN2013-18 - 76 & 86 E. Campbell Avenue - Tigelleria Ristorante Administrative PD Permit, Modification of CUP & Parking Modification Permit Page 5 h. Alcohol Beverage Service: Alcohol beverage service in the dining and the outdoor seating area shall only be allowed in conjunction with food service. The dining area shall not be converted to a bar area or dance area. Smoking: "No Smoking" signs shall be posted on the premises in compliance with CMC 6.11.060. Outdoor Seating: Outdoor seating may be allowed pursuant to an approved Outdoor Seating Permit in compliance with CMC 21.10.060.H. Outdoor seating shall be considered part of the dining area subject to all restrictions herein. 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. I. 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. m. Doors and Windows: Doors and windows shall remain closed after 10:00 PM. n. Trash 8~ 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. o. Liquor License: The applicant shall maintain in good standing a Type 47 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. p. 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. q. Designated Driver Program: The establishment shall maintain and actively promote a designated driver program (e.g., complimentary non-alcoholic beverages for designated drivers). r. Taxicab Service: The establishment shall post in a conspicuous place the telephone numbers of local taxicab services. s. Outdoor Activity: Other than outdoor seating, no outdoor activity (e.g., cooking) is permitted in association with the establishment. Planning Commission Resolution No.4093 PLN2012-269/270 & PLN2013-18 - 76 & 86 E. Campbell Avenue - Tigelleria Ristorante Administrative PD Permit, Modification of CUP & Parking Modification Permit Page 6 t. City Meetings: At the discretion of the Chief of Police, periodic meetings will be conducted with representatives from the Police Department/Alcohol Beverage Control for on-going employee training on alcoholic beverage service to the general public. u. Office Space: The existing back office shall be ancillary to the restaurant shall only be used for purposes of an office in relation to the restaurant use. v. Parking Management Plan: If repeated parking complaints are received by the City, the Community Development Director may require preparation of a Parking Management Plan to manage patron and employee parking. Compliance with the Parking Management Plan shall be required by this approval. 6. Revocation of Permit: Operation of the restaurant and bar pursuant to the Conditional Use Permit approved herein is subject to Sections 21.68.020, 21.68.030 and 21.68.040 of the Campbell Municipal Code authorizing the appropriate decision making body to modify or revoke a Conditional Use Permit if it is determined that the sale of alcohol has become a nuisance to the City's public health, safety or welfare or for violation of the Conditional Use Permit or any standards, codes, or ordinances of the City of Campbell. At the discretion of the Community Development Director, if the establishment generates three (3) verifiable complaints related to violations of conditions of approval and/or related to the service of alcohol within a six (6) month period, a public hearing before the Planning Commission may be scheduled to consider modifying conditions of approval or revoking its Conditional Use Permit. The Community Development Director may commence proceedings for the revocation or modification of use permits upon the occurrence of less than three (3) complaints if the Community Development Director determines that the alleged violation warrants such an action. In exercising this authority, the decision making body may consider the following factors, among others: a. The number and types of Police Department calls for service at or near the establishment that are reasonably determined to be a direct result of patrons actions; b. The number of complaints received from residents, business owners and other citizens concerning the operation of an establishment, c. The number of arrests for alcohol, drug, disturbing the peace, fighting and public nuisance violations associated with an establishment; d. The number and kinds of complaints received from the State Alcoholic Beverage Control office and the County Health Department; and e. Violation of conditions of approval. Planning Commission Resolution No.4093 PLN2012-269/270 & PLN2013-18 - 76 & 86 E. Campbell Avenue - Tigelleria Ristorante Administrative PD Permit, Modification of CUP & Parking Modification Permit Page 7 PASSED AND ADOPTED this12th day of February, 2013, by the following roll call vote: AYES: Commissioners: Brennan, Finch, Gibbons, Resnikoff, Reynolds and Roseberry: NOES: Commissioners: None ABSENT: Commissioners Razumich ABSTAIN: Commissioners: None ATTEST: APPROVED: Acting Secretary v°~ = C'~ Philip C. Reynolds, Chair