PC Res 4102RESOLUTION NO. 4102
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING AN ADMINISTRATIVE
PLANNED DEVELOPMENT PERMIT (PLN2013-58) TO ALLOW
THE ESTABLISHMENT OF A RESTAURANT USE WITH
OUTDOOR DINING WITHIN AN EXISTING VACANT TENANT
SPACE LOCATED AT 930 W. HAMILTON AVENUE, UNIT 110.
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 PLN2013-58:
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 zoned Planned Development (P-D) with a General Plan land use
designation of General Commercial.
2. The project site is located at the southwest corner of W. Hamilton Avenue and
Marathon Drive, with residential and commercial to the north and east, and residential
to the west and south.
3. The project site consists of 8.08 net acre shopping center, developed with 80,586
square feet of building area and 403 parking spaces (excluding the four Safeway.com
restricted spaces).
4. The proposed project would allow the establishment of a new restaurant within an
existing 2,419 sq. ft. vacant tenant space.
5. The hours of operation shall be restricted to:
• Business Hours: 10:00 AM to 11:00 PM, Daily
• Operational Hours: 11:00 AM to 10:00 AM, Daily
6. The proposed project is consistent with other developments and uses in the
surrounding area.
7. Minor modifications to the building are proposed in conjunction with the proposed
restaurant use.
Planning Commission Resolution No.4102
PLN2013-58 - 930 W. Hamilton Ave, #110, Administrative Planned Development Permit
Page 2
8. 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:
The proposed development or uses clearly would result in a more desirable
environment and use of land than would be possible under any other zoning district
classification;
2. The proposed development would be compatible with the general plan and will aid in
the harmonious development of the immediate area;
3. The proposed development will not result in allowing more residential units than
would be allowed by other residential zoning districts which are consistent with the
general plan designation of the property; and
4. The proposed development would not be detrimental to the health, safety or welfare
of the neighborhood or of the city as a whole.
THEREFORE, BE IT RESOLVED that the Planning Commission approves an
Administrative Planned Development Permit (PLN2013-58) to allow the establishment of a
restaurant use in an existing vacant tenant space located at 930 W. Hamilton Avenue,
Unit 110.
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
Approved Project: Approval is granted for an Administrative Planned Development
Permit (PLN2013-58) to allow the establishment of a restaurant use with outdoor
dining within an existing vacant tenant space located at 930 W. Hamilton Avenue,
Unit 110. The project shall substantially conform to the project plans and written
description stamped as received by the Planning Division on April 26, 2013, and
outdoor dining barrier detail stamped as received by the Planning Division on March
8, 2013, except as may be modified by the conditions of approval contained herein.
Planning Commission Resolution No.4102
PLN2013-58 - 930 W. Hamilton Ave, #110, Administrative Planned Development Permit
Page 3
2. Administrative Planned Development Permit Approval Expiration: The approval shall
be valid for one year from the date of final approval (May 24, 2013). Within this one-
year period, the use must be established on the property and a City Business License
obtained or the Administrative Planned Development Permit shall be rendered void.
Once established, approval of the use 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 Administrative Planned
Development Permit approved herein.
Revocation of Permit: Operation of the use in violation of the Administrative Planned
Development 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.
4. Operational Standards: Consistent with City standards, any restaurant operating
pursuant to the Administrative Planned Development Permit approved herein shall
conform the following operational standards:
a. Restaurant Seating: Total indoor seating shall be limited to 83 seats, including
bar seating.
b. Food Service: Full menu food service shall be provided at all time (i.e., the
kitchen shall not be closed during the Business Hours).
c. Live Entertainment: No live entertainment is permitted as part of the
Administrative Planned Development Permit approval, including live music, disc
jockey, karaoke, and dancing. Future requests for live entertainment shall be
through approval of a Modification to the Administrative Planned Development
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 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.
e. Bar Meal Service: Meal service shall be permitted in the bar area at all times.
Hours of Operation: Business Hours shall be restricted to 11:00 AM to 10:00
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 11:00 PM,
daily. By the end of the Hours of Operation all employees shall have exited the
restaurant.
g. Outdoor Seating: Outdoor seating is permitted as part of the Administrative
Planned Development Permit approval as shown on the approved project plans.
Planning Commission Resolution No.4102
PLN2013-58 - 930 W. Hamilton Ave, #110, Administrative Planned Development Permit
Page 4
A maximum of 35 seats shall be allowed within the identified outdoor dining
area. At all times a minimum aisle width of four feet between the edge of curb
and the outdoor seating area shall be maintained to allow an adequate
pedestrian pathway along the dining area.
h. Outdoor Seating Area Barrier/Fencing: Applicant shall work with the
Community Development Director to design a barrier for the outdoor seating
area that is more aesthetically pleasing than the initially proposed black wrought
iron fence including use of a lighter color, elimination of fencing at both ends and
use of planters to break up the wrought iron fencing sections.
Doors and Windows: All doors and windows shall remain closed after 10:00
PM.
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.
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.
m. Outdoor Cooking: No outdoor cooking (i.e., grilling, smoking, etc.) is permitted
in association with the establishment.
5. Tenant Improvements: Any storefront doorway for any building not used to access a
tenant space shall be replaced with a storefront window consistent with the building's
architecture in such a manner that it may be retuned to an entryway as necessary in
the future, unless required for fire and/or emergency access or otherwise approved
by the Community Development Director.
6. Storefront Clearance: At no time shall an obscure wall or barrier be installed along,
behind or attached to storefront windows or doorways that blocks visual access to the
tenant space or blocks natural light.
Planning Commission Resolution No.4102
PLN2013-58 - 930 W. Hamilton Ave, #110, Administrative Planned Development Permit
Page 5
7. Signage: A City of Campbell Sign Permit shall be required for all new signage.
Signage for the project shall comply with the approved Master Sign Plan for the
Safeway Shopping Center.
Building Division
8. Permits Reauired: A building permit application shall be required for the proposed
restaurant tenant improvement in to the existing vacant commercial space. The
building permit shall include Electrical/Plumbing/Mechanical fees when such work is
part of the permit.
9. Construction Plans: The conditions of approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
10. Size of Plans: The size of construction plans submitted for building permits shall be
24 inches by 36 inches.
11. 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.
12. 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.
13. Title 24 Energy Compliance: California Title 24 Energy Standards 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.
14. 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.
15. Non-Point Source: 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.
Planning Commission Resolution No.4102
PLN2013-58 - 930 W. Hamilton Ave, #110, Administrative Planned Development Permit
Page 6
16. 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.
17. 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. City of San Jose Dept. of Environmental Services
d. Santa Clara County Department of Environmental Health
18. 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.
19. Storm Water Requirements: Storm water run-off from impervious surface created by
this permitted use shall be directed to vegetated areas on the project parcel. Storm
water shall not drain onto neighboring parcels.
COUNTY FIRE DEPARTMENT
20. Fire Department Review: Review of the 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.
PASSED AND ADOPTED this 14~" day of May, 2013, by the following roll call vote:
AYES: Commissioners: Brennan, Razumich, Resnikoff, Reynolds and Roseberry
NOES: Commissioners: None
ABSENT: Commissioners Finch and Gibbons
ABSTAIN: Commissioners: None
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~i APPROVED:
/--~ ~' Philip C. Reynolds, air
ATTEST:
Paul Kermo~an, Secretary