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PC Res 4103RESOLUTION NO. 4103 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2013-59) TO ALLOW THE SALE OF BEER AND WINE FOR ON-SITE CONSUMPTION AS PART OF THE ESTABLISHMENT OF A NEW RESTAURANT 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 PLN2013-59: 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 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. Planning Commission Resolution No.4103 PLN2013-59 - 930 W. Hamilton Avenue, Unit 110 -Conditional Use Permit Page 2 7. Minor modifications to the building are proposed in conjunction with the proposed restaurant use. 8. The Police Department has reviewed the project and is supportive of the project as conditioned. 9. The proposed general alcohol sales in conjunction with a restaurant use will be compatible with the P-D (Planned Development) zoning designation with approval of a Conditional Use Permit and is consistent with the General Commercial General Plan land use designation. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed project does not add additional building square footage and does not detract from the overall design of the existing shopping center. 2. The proposed project is consistent with the General Plan. 3. The proposed use is allowed within the applicable zoning district with Conditional Use Permit approval and complies with all other applicable provisions of the Zoning Code and the Municipal Code. 4. 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. 5. 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. 6. The establishment of a restaurant use with beer and wine sales will not result in an over concentration of such uses in the area. 7. The establishment of a restaurant use with beer and wine sales will not create a nuisance due to litter, noise, traffic, vandalism, or other factors. 8. The establishment of a restaurant use with beer and wine sales, as conditioned, will not significantly disturb the peace and enjoyment of the nearby residential neighborhood. 9. The establishment of a restaurant use with beer and wine sales and limited late night activity will not significantly increase the demand on City services. Planning Commission Resolution No.4103 PLN2013-59 - 930 W. Hamilton Avenue, Unit 110 -Conditional Use Permit Page 3 10. 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. 11. 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. 12. 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 an Conditional Use Permit (PLN2013-59) to allow the sale of beer and wine for on-site consumption as part of the establishment of a new restaurant 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: 1. Approved Permit: Approval is granted for a Conditional Use Permit (PLN2013-59) to allow the sale of beer and wine for on-site consumption as part of the establishment of a new restaurant use within an existing vacant commercial tenant space. This permit shall be valid only in conjunction with the approved Administrative Planned Development Permit (PLN2013-58). 2. Conditional Use 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 Conditional Use 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 Conditional Use Permit approved herein. Planning Commission Resolution No.4103 PLN2013-59 - 930 W. Hamilton Avenue, Unit 110 -Conditional Use Permit Page 4 3. Selling of Alcohol: The selling of alcoholic products shall be subject to the following restrictions: a. The applicant shall obtain a Type 41 (beer and wine sales associated with a restaurant use) license from the State Department of Alcoholic Beverage Control prior to the sale of beer and wine for the restaurant use. The Type 41 license shall only apply to the beer and win sales conducted within this specific tenant space and associated outdoor dining area and does not include any other tenant space or building on the subject property. b. The applicant shall, at all times, maintain in good standing all required licenses issued by the State Department of Alcoholic Beverage Control for the sale of alcoholic products. c. The sale of beer and wine associated with the restaurant use shall only be allowed between the hours of 11:00 AM and 10:00 PM daily or in compliance with current state law, whichever is more restrictive. 4. Revocation of Permit: Operation of the restaurant use in violation of the Conditional Use Permit or any standards, codes, or ordinances of the City of Campbell or laws and regulations of the State of California shall be grounds for consideration of the revocation of the Conditional Use Permit by the decision making body. Property Maintenance: The owner/operator of the subject property shall maintain all exterior areas of the business free from graffiti, trash, rubbish, posters and stickers placed on the property. 6. Outdoor Storage: No outdoor storage is permitted on the subject property. No equipment, materials or business vehicles shall be parked and/or stored outside the building or within the parking lot. PASSED AND ADOPTED this 14t" 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 APPROVED: 'y~~' ~' Philip C. Reynolds, it ~~ ATTEST: 6 Paul Kermoyan, Secretary