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PC Res 4252RESOLUTION NO. 4252 BEINC7 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A CONDTIONAL USE PERMIT (PLN2015-186) FOR THE PROJECT LOCATED AT 2210 BASCOM 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. The Planning Commission finds as follows with regard to the recommended approval of a Planned Development Permit (PLN2015-186): 1. The project site is located on the east side of South Bascom Avenue between E Campbell Avenue to the north and Dry Creek Road to the south. 2. The project site is zoned C-2 (General Commercial) and is designated with a General Commercial land use designation by the General Plan. 3. A restaurant with alcohol sales is defined as a "liquor establishment" and requires the approval of a Conditional Use Permit in the C-2 zoning district. 4. Alcohol beverage service in the restaurant shall be ancillary and subordinate to the primary purpose of serving food. 5. 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 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 landscaping, parking and loading facilities, 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, as conditioned, are compatible with the existing and future land uses on-site and in the vicinity of the subject property. Planning Commission Resolution No. 4252 Conditional Use Permit (PLN2015-186) Page 2 of 2 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 recommends approval of a Conditional Use Permit (PLN2015-186) for the Project located at 2210 Bascom Avenue, subject to the attached Conditions of Approval (attached Exhibit "A"). PASSED AND ADOPTED this 27th day of October, 2015, by the following roll call vote: AYES: Commissioners: Bonhagen, Dodd, Finch, Kendall, Reynolds, Rich, and Young NOES: Commissioners: None ABSENT: Commissioners None ABSTAIN: Commissioners: None APPROVED: Pamela Finc , C it ATTEST: Paul ermoyan, Secretary EXHIBIT A RECOMMENDED CONDITIONS OF APPROVAL Conditional Use Permit (PLN2015-186) Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attarney 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 Proiect: Approval is granted for a Conditional Use Permit (PLN2015-186), to allow general on-sale alcohol sales in conjunction with a new restaurant on property located at 2210 S. Bascom Avenue. The existing floor area will not be increased and the existing building will maintain the same footprint. The dining area would include a maximum of 22 seats due to limited parking. The remainder of the building is dedicated to the lobby, kitchen area and restrooms. No outdoor seating is proposed or permitted unless an equivalent number of seats are removed from the interior of the building. The project shall substantially conform to the Project Plans and Project Description stamped as received by the Planning Division on October 2, 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 October 27, 2016). Within this one-year period, a Type 47 liquor license shall 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 Conditional Use Permit approved herein. 3. Parking: A minimum of 13 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 shalN 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. Recommended Conditions of Approval Conditional Use Permit (PLN2015-186) Page 2 of 8 b. Hours of Operation: Hours of operation, requested by the applicant shall be as follows: 11:30 AM -- 2:00 PM, Monday through Friday 5:00 PM -- 9:30 PM, Monday through Friday 5:00' PM -- 9:30 PM, Saturday and Sunday c. Restaurant Seating/Patron Occupancy: Total indoor patron occupancy shall be limited to 22 patrons or fewer, 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 22 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. 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. e. 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). f. 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. g. 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. h. 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. 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, close off the outdoor courtyard, require additional parking management strategies and/or bring the permit back to the Planning Commission for review and potential revocation. Recommended Conditions of Approval Conditional Use Permit (PLN2015-186) Page 3 of 8 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 and doors to the courtyard shall be kept closed. In the event that three (3) verifiable complaints are received by the City regarding parking, the Community Development Director may bring the permit back to the Planning Commission for review and potential revocation. k. Smoking: A "No Smoking" sign shall be posted on the premises in compliance with CMC 6.11.060. 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. m. Outdoor Seating/Activity: No outdoor seating or activity is permitted in association with the establishment. n. Courtyard Patio. Patrons are not permitted in the courtyard patio. There shall be no doors providing access between the dining/lobby area and the outdoor courtyard. The plans shall be revised to replace the doors with operable windows (between the dining area and courtyard patio) subject to approval by the Community Development Director, prior to issuance of building permits. 5. Signage: No signage is proposed or approved. The applicant shall comply with Chapter 21.30, including but not limited to applying for a sign permit for any temporary and/or permanent signs (unless exempt). Any illegal or nonconforming signs associated with the business shall be made to comply with the provisions of the Municipal Code. 6. 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 Community Development Director may commence Recommended Conditions of Approval Conditional Use Permit (PLN2015-186) Page 4 of 8 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 seating capacity; 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. 7. 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. 8. Alcohol Sales for Off-Site Consumption: The sale of alcohol for off-site consumption is prohibited. 9. 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. 10. 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. 11. Location of Mechanical Equipment: All roof-mounted mechanical equipment, i.e. air conditioning units, shall be screened 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. 12.Outdoor Storage: No outdoor storage is permitted on the property. Building Division Note: No building code issue has been reviewed at Development Review Committee; it will be reviewed in the Building Permit process. Please be aware that building codes are changing constantly; plans submitted for building permit shall comply with the code in effect at that time. Submit permit application together with required documents to the Building Inspection Division to obtain a building permit. No construction can be commenced without an appropriate building permit. To the satisfaction of the building division manager/building official: Recommended Conditions of Approval Conditional Use Permit (PLN2015-186) Page 5 of 8 13. Permits required: A building permit application shall be required for the proposed restaurant tenant improvements to the vacant commercial space. The building permit shall include electrical/plumbing/mechanical fees when such work is part of the permit. 14. Construction plans: The conditions of approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 15. Size of plans: The minimum size of construction plans submitted for building permits shall be 24 in. x 36 in. 16. 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. 17. 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. 18. 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. 19.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 Chapter 1, Section 106. Please obtain city of Campbell, special inspection forms from the building inspection division counter. 20. 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. 21. 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 public sidewalks. 22.Approvals required: The project requires the following agency approval prior to issuance of the building permit: a. West valley sanitation district b. City of San Jose Department of Environmental Resources c. Santa Clara County Health Department d. Santa Clara County Fire Department Recommended Conditions of Approval Conditional Use Permit (PLN2015-186) Page 6 of 8 23. 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 PG&E concerning utility easements, distribution pole locations and required conductor clearances. 24. Storm water requirements: Storm water run-off from impervious surface created by this permitted project shall be directed to vegetated areas on the project parcel. Storm water shall not drain onto neighboring parcels. PUBLIC WORKS DEPARTMENT 25. Response Letter: Upon submittal of the Parcel Map, the Street Improvement Plans and the Grading and Drainage Plans, the applicant shall provide an itemized response letter verifying that all the Public Works Conditions of Approval have been met or addressed. 26. Storm Drain Area Fee: Prior to issuance of any grading or building permits for the site the applicant shall pay the required Storm Drain Area fee, currently set at $2,650.00 per net acre, which is $803.00. 27. Street Improvements: Prior to issuance of any grading or building permits for the site, the applicant shall cause plans for public street improvements to be prepared, pay various fees and deposits, post security and provide insurance necessary to obtain an encroachment permit for construction of the Standard Public Street Improvements, as required by the City Engineer. The plans shall include the following, unless otherwise approved by the City Engineer: a. Show location of all existing utilities within the new and existing public right of way. b. Relocation of all existing utilities including utility boxes, covers, poles, etc. outside of sidewalk area. No utility boxes, covers, etc. will be allowed in the sidewalk area. c. Removal of existing driveway approach and necessary sidewalk, curb and gutter. d. Installation of ADA compliant driveway approach. e. Installation of City approved street tree(s) at 30' on center. f. Installation of asphalt concrete overlay per street pavement restoration plan for utility installation and/or abandonment, as required by the City Engineer. g. Construction of conforms to existing public and private improvements, as necessary. 28. Maintenance of Landscaping Owner(s), current and future, are required to maintain the landscaped park strip and tree wells in the public right of way. This includes, but is not limited to: trees, lawn, plantings, irrigation, etc. Trees shall not be pruned in a manner that would not allow the tree to grow to a mature height. Recommended Conditions of Approval Conditional Use Permit (PLN2015-186) Page 7 of 8 29. Utilities: All on-site utilities shall be installed underground per Section 21.18.140 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. 30. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer cleanout(s) shall be relocated or installed on private property behind the public right-of-way line. 31.1Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities. The plan shall clearly show the location and size of all existing utilities and the associated main lines; indicate which utilities and services are to remain; which utilities and services are to be abandoned, and where new utilities and services will be installed. Joint trenches for new utilities shall be used whenever possible. 32. Pavement Restoration: Based on the utility coordination plan, the applicant shall prepare a pavement restoration plan for approval by the City Engineer prior to any utility installation or abandonment. Streets that have been reconstructed or overlaid within the previous five years will require boring and jacking for all new utility installations. Bascom Avenue has riot been reconstructed or overlaid in the last 5 years. The pavement restoration plan shall indicate how the street pavement shall be restored following the installation or abandonment of all utilities necessary for the project. 33. Utility Encroachment Permit: Separate permits for the installation of utilities to serve the development will be required (including water, sewer, gas, electric, etc.). Applicant shall apply for and pay all necessary fees for utility permits for sanitary sewer, gas, water, electric and all other utility work. 34.Additional Street Improvements: Should it be discovered after the approval process that new utility main lines, extra utility work or other work is required to service the development, and should those facilities or other work affect any public improvements, the City may add conditions to the development/project/permit, at the discretion of the City Engineer, to restore pavement or other public improvements to the satisfaction of the City. 35. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding stormwater pollution prevention. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay. Resources to achieve these objectives include Stormwater Best Management Practices Handbook for New Development and Redevelopment ("CA BMP Handbook") by the Recommended Conditions of Approval Conditional Use Permit (PLN2015-186) Page 8 of 8 California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for Stormwater Quality Protection ("Start at the Source") by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for Stormwater Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. 36.Occupancy and Building Permit Final: Prior to allowing occupancy and/or final building permit signoff for any and/or all buildings, the applicant shall have the required street improvements and pavement restoration installed and accepted by the City, and the design engineer shall submit as-built drawings to the City. 37. Private Improvements Agreement: Prior to issuance of any grading or building permits for the site the owner shall execute an "Agreement for Private Improvements in the Public Right of Way". This agreement would be required to allow the existing utility facilities and existing private improvements located in the public right of way along the frontage of this property, and any other non-City standard improvements, to remain. FIRE DEPARTMENT 38. Required Fire Flow: The fire flow for this project is 1,500 gpm at 20 psi residual pressure. The adjusted fire flow is available from area water mains and fire hydrant(s) which are spaced at the required spacing. 39. Cooking Equipment: Plans indicate possible use of commercial-type cooking appliances capable of producing grease laden vapors. Such cooking equipment shall be protected with fire sprinkler system or within an alternative automatic fire extinguishing system designed, installed and maintained per applicable requirements of the 2007 CFC, NFPA 13 and Title 19.