PC Res 4200RESOLUTION NO. 4200
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A SITE AND
ARCHITECTURAL REVIEW PERMIT TO ALLOW GENERAL ON-
SALE ALCOHOL SALES IN CONJUNCTION WITH AN EXISTING
RESTAURANT (SORELLE ITALIAN BISTRO) ON PROPERTY
LOCATED AT 915 S. SAN TOMAS AQUINO ROAD, SUITES 400 8~
500. FILE NO: PLN2014-349
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
The Planning Commission finds as follows with regard to file number PLN2014-349:
1. The project site is located within an existing commercial center on the west side of S.
San Tomas Aquino Road, south of Elam Avenue, and north of Jonathan Court.
2. The project site is zoned P-D (Planned Development) and is designated with a
Neighborhood Commercial land use designation by the General Plan.
3: A liquor establishment requires the approval of a Conditional Use Permit in the P-D
zoning district.
4. The subject tenant space obtained approval of a Conditional Use Permit (UP89-25) to
allow the sale of beer and wine in conjunction with a full service restaurant.
5. The requested Modification to the previously approved Conditional Use Permit would
also allow general on-sale liquor license in conjunction with the existing restaurant.
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 the approval of a
Modification of the previously approved Conditional Use Permit, and complies, as
conditioned, with all other applicable provisions of this Zoning Code and the Campbell
Municipal Code.
2. The proposed development would be consistent and compatible with the General Plan
and will aid in the harmonious development of the immediate area.
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.
Planning Commission Resolution No. 4200
915 S. San Tomas Aquino Road
Approving a Conditional Use Permit (PLN2014-349)
Page 2 of 2
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, as
conditioned, 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, as conditioned, 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 of the use will not result in an over concentration of liquor
establishment 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 increase the demand on city services.
10. This project is Categorically Exempt under Section 15301, Class 1 of the California
Environmental Quality Act (CEQA) pertaining to the operation, permitting, and minor
alterations of 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 that the Planning Commission approves a Conditional
Use Permit to allow general on-sale alcohol sales in conjunction with an existing restaurant
(Sorelle Italian Bistro) on property located at 915 S. San Tomas Aquino Road, Suites 400
& 500 ,subject to the attached Conditions of Approval (attached Exhibit "A").
PASSED AND ADOPTED this 14th day of April, 2015, by the following roll call vote:
AYES: Commissioners: Rich, Reynolds, Kendall, Young, Bonhagen, Finch, and
Dodd
NOES: Commissioners: None
ABSENT: Commissioners None
ABSTAIN: Commissiolners: None m.
~ ~ APPROVED:
1
j ' Pamela Finc air
~, ~ ~,i
ATTEST: \~\"'~~ ~,~~~~._
Paul Kermbyan, Secretary
EXHIBIT A
CONDITIONS OF APPROVAL
Conditional Use Permit (PLN2014-349)
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 Department
Approved Project: Approval is granted for a Modification (PLN2014-349) of a previously
established Conditional Use Permit (UP89-25), to allow general on-sale alcohol sales in
conjunction with an existing restaurant (Sorelle Italian Bistro) on property located at 915
S. San Tomas Aquino Road, Suites 400 & 500. The project shall substantially
conform to the Project Plans and Project Description stamped as received by the
Planning Division on February 20, 2015, except as may be modified by the conditions of
approval contained herein.
2. Permit Expiration: The Modification approved herein shall be valid for one year from the
date of final approval (expiring April 14, 2016). Within this one-year period, a Type 47
liquor license shalt be obtained and the approved use established on site. The
entitlement approval 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 Modification Permit approved herein.
3. Parking: A minimum of 34 parking spaces shall be provided on the project site at all
times.
4. Operational Parameters: A restaurant with general service on-sale alcohol sales
operating pursuant to the Modification approved herein shall conform to the following
operational standards. Deviations from these parameters (as determined by the
Community Development Director) shall require approval of a Modification to the
Conditional Use Permit, approved herein.
a. Approved Use: The approved use is a restaurant with ancillary general on-sale
liquor sales. This use is herein specifically defined to preclude the possibility of the
business to operate as a bar, or operate in any capacity in which it would function as
or resemble such a use.
b. Hours of Operation: Hours of operation shall be as follows. By the end of the
'Operational Hours' all employees shall be off of the premises. By the end of
'Business/Public Hours' all patrons shall have exited the facility.
i. Operational Hours 11:00 AM - 10:00 PM, Sunday
Conditions of Approval ~ 915 S. San Tomas Aquino Road, Suites 400 & 500
Conditional Use Permit - PLN2014-349
Page 2
11:00 AM - 11:00 PM, Monday -Saturday
ii. Business/Public Hours 11:30 AM - 9:00 PM, Sunday
11:30 AM - 10:00 PM, Monday -Saturday
c. Restaurant Seating/Patron Occupancy: Total indoor patron occupancy shall be
limited to 27 patrons, 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 27 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.
d. Bar Area: A maximum of four (4) bar stools shall be permitted. Full menu food
service shall be available at the bar seating at all times.
e. Restaurant Furniture: No high top tables shall be permitted.
f. 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.
g. Food Service: Full menu food service shall .be provided at all times during the
Business Hours in the dining and bar areas (i.e., the kitchen shall not be closed).
h. Live Entertainment and Music: No live entertainment shall be permitted. Any music
shall be played at low levels, behind closed doors, and shall not be audible from
adjoining properties. No amplified music shall be permitted.
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. Trash receptacles shall be maintained within their approved enclosures at
all times. Parking lot striping and paving shall be maintained in good condition, and
all spaces shall remain free of debris at all times.
Landscape Maintenance: All landscaped areas shall be continuously maintained in
accordance with City Landscaping Requirements (CMC 21.26). Landscaped areas
shall be watered on a regular basis so as to maintain healthy plants. Landscaped
areas shall be kept free of weeds, trash, and litter. Dead or unhealthy plants shall be
replaced with healthy plants of the same or similar type.
k. Noise: Unreasonable levels of noise, sounds and/or voices, including but not limited
to amplified sounds, loudspeakers, sounds from audio sound systems, and/or music,
generated by the subject use shall not be audible to a person of normal hearing
capacity from any property. All exterior doors including entry doors shall be kept
closed.
Conditions of Approval ~ 915 S. San Tomas Aquino Road, Suites 400 & 500
Conditional Use Permit - PLN2014-349
Page 3
At the discretion of the Community Development Director, if the use generates three
(3) verifiable complaints related to violations of conditions of approval and/or related
to noise 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 Administrative Planned Development Permit or Parking Modification
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:
i. 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;
ii. The number of complaints received from residents, business owners
and other citizens concerning the operation of an establishment; and
iii. Violation of conditions of approval.
Parking Management: In the event that three (3) verifiable complaints are received
by the City regarding parking, the Community Development Director may reduce the
number of seats, limit the hours of operation, require additional parking management
strategies and/or bring the permit back to the Planning Commission for review.
m. Smoking: A "No Smoking" sign shall be posted on the premises in compliance with
CMC 6.11.060.
n. 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 11:00 AM and 10:00 PM on Sunday, and 11:00 AM and 11:00 PM, Monday
through Saturday. Refuse and recycling receptacles shall be kept within an
enclosure except during collection in compliance with Chapter 6.04 of the Campbell
Municipal Code.
o. Outdoor Activity: No outdoor activity is permitted in association with the
establishment.
5. Revocation of Permit: Operation of a restaurant with general on-sale liquor sales
(including beer and wine) 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 its operation 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 its operation 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
Conditions of Approval ~ 915 S. San Tomas Aquino Road, Suites 400 & 500
Conditional Use Permit - PLN2014-349
Paae 4
Community Development Director may commence proceedings for the revocation or
modification of 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 noise complaints at or near the establishment that are
reasonably determined to be a direct result of patrons actions or facility equipment;
b. The number of parking complaints received from residents, business owners and
other citizens concerning the operation of an establishment; and
c. Violation of conditions of approval.
6. Liquor License: The business owner shall maintain in good standing a Type 47 liquor
license from the State Department of Alcoholic Beverage Control. The license shall
include Business Hours and other applicable restrictions consistent with the Conditional
Use Permit approved herein.
7. Alcohol Sales for Off-Site Consumption: The sale of alcohol for off-site consumption is
prohibited.
8. Employee Training: The business shall operate in accordance with the standards
pertaining to the serving of alcohol as established by the California Restaurant
Association and the California Department of Alcoholic Beverage Control.
9. Taxicab Service: The establishment shall post in a conspicuous place the telephone
numbers of local taxicab services to provide a safe alternative mode of transportation for
customers that use their service.
10. Location of Mechanical Equipment: No roof-mounted mechanical equipment, i.e. air
conditioning units, shall be located on the roof of the building without providing screening
of the mechanical equipment from public view and surrounding properties. Screening
material and method shall require review and approval by the Community Development
Director prior to installation of such mechanical equipment screening.
11.Outdoor Storage: No outdoor storage is permitted on the property.
12. Floor Plan: The applicant shall provide a revised floor plan demonstrating a total of 27
seats prior to Planning Department clearance of the ABC license application. This floor
plan shall also be provided to ABC for inclusion in the permit file.