PC Res 4279RESOLUTION NO. 4279
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE
PERMIT (PLN2016-23) TO ALLOW BEER AND WINE SALES FOR
ONSITE CONSUMPTION IN CONJUNCTION WITH A NEW
RESTAURANT (MOD PIZZA) ON PROPERTY LOCATED AT 2000
S. BASCOM AVENUE, SUITE 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.
The Planning Commission finds as follows with regard to file number PLN2016-23:
1. The project site is zoned C-2 (General Commercial) and designated General
Commercial by the General Plan.
2. The project site is located on the east side of S. Bascom Avenue between E. Campbell
Avenue and Arroyo Seco Drive.
3. The proposed project is an application for a Conditional Use Permit to allow beer and
wine service in association with a new restaurant. No exterior changes to the property
are proposed with the subject permit.
4. Sale of alcohol within a restaurant is considered a "liquor establishment", subject to
approval of a Conditional Use Permit, consistent with CMC 21.46.070.
5. The business/public hours would be limited to 8:00 AM to 10:00 PM, Sunday through
Thursday and 8:00 AM to 10:30 PM, Friday and Saturday. Furthermore, the
operational/staff hours would be limited to 7:30 AM to 10:30 PM, Sunday through
Thursday and 7:30 AM to 11:00 PM. on Friday & Saturday. The application would
therefore not constitute slate-night activity.
6. All sales and consumption of alcohol will occur entirely inside the existing tenant space.
7. The Police Department has reviewed the project and does not have any concerns with
the proposal as conditioned.
8. Policies found within the Campbell General Plan articulate a desire to promote and
allow change consistent with reinforcing positive neighborhood values and protecting
the integrity of the city's neighborhood, encouraging neighborhood serving commercial
uses within walking distance of residential uses, and attracting and maintaining a
variety of uses that create an economic balance within the city while providing high
quality services to the community.
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;
Planning Commission Resolution No. 4279
2000 S. Bascom Ave, #110 -Conditional Use Permit -Mod Pizza beer & wine service -
PLN2016-23
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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 (S. Bascom Avenue & E. Campbell
Avenue) 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. The 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 (PLN2016-23) to allow beer and wine sales for onsite consumption in
conjunction with a new restaurant (MOD Pizza) on property located at 2000 S. Bascom
Avenue, Suite 110, subject to the attached Conditions of Approval (attached Exhibit "A").
Planning Commission Resolution No. 4279
2000 S. Bascom Ave, #110 -Conditional Use Permit -Mod Pizza beer & wine service -
PLN2016-23
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PASSED AND ADOPTED this 22~d day of March, 2016, by the following roll call vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners
ABSTAIN: Commissioners:
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ATTEST: \~ .r'i-~.i ~.;'`'~--'''-".'_""
Finch, Kendall, Reynolds, Rich and Young
None
Bonhagen & Dodd
None
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APPROVED:
Yvonne Kendall, Acting Chair
Paul Ker~noyan, Secretary
EXHIBIT A
CONDITIONS OF APPROVAL
Site and Architectural Review Permit (PLN2016-23)
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 a Conditional Use Permit (PLN2016-23) to
allow beer and wine sales in conjunction with a new restaurant (Mod Pizza) located at
2000 S. Bascom Suite, 110. The project shall substantially conform to the Project
Plans, stamped as received by the Planning Division on February 3, 2016, except as
may be modified by the conditions of approval contained herein.
2. Conditional Use Expiration: Approval of the Conditional Use Permit allowing on-sale
beer and wine service shall be valid for one year from the date of final approval (expiring
April 1, 2017). Within this one-year period, a Type 41 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. Operational Standards: Consistent with City standards, any restaurant operating
pursuant to the Conditional Use Permit approved herein shall conform to the following
operational standards:
a. Restaurant Seating: Total indoor seating shall be limited 56 seats. This
seating limitation is also subject to the maximum occupancy capacities of
certain rooms as determined by the California Building Code (CBC). 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.
b. Bar Area: No separate bar area, as defined by the Campbell Municipal Code,
shall be permitted within the restaurant.
c. Point of Sale: No separate point of sale shall be allowed for beer and wine
purchases, apart from the system used for food purchase. This restriction is
intended to preclude the business from establishing a more bar like
atmosphere by prioritizing or separating drink purchases from purchase of
food.
d. High Top Tables 8~ Chairs: The Community Development Director shall
retain the ability to curtail the number of high top tables and chairs in the event
that the subject tenant, or future tenants operating under pursuant to the
Exhibit A -Conditions of Approval
PLN2016-23 - 2000 S. Bascom Avenue -Use Permit -Beer and Wine -MOD Pizza
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Conditional Use Permit adopted herein, begin to resemble a bar atmosphere.
The subject tenant shall have no more than sixty-days to replace the interior
seating with new furniture subject to the review and approval of the
Community Development Director. Failure to remove furniture within this time
period shall be grounds to take the permit back to the Planning Commission
for consideration of revocation.
e. Floor Plan: At no time shall the seating be reconfigured to create 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.
f. Food Service: Full menu food service shall be provided at all times the
business is in operation (i.e., the kitchen shall not be closed during the
Business/Public Hours).
g. Live Entertainment: No live entertainment is permitted as part of the
Conditional Use Permit, including live music, disc jockey, karaoke, and
dancing.
h. Alcohol Beverage Service: Alcohol beverage service shall only be allowed in
conjunction with food service. The dining room area shall not be converted to
a bar or dance area.
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/Public Hours:8:00 AM - 10:00 PM, Sunday through Thursday
8:00 AM - 10:30 PM, Friday & Saturday
• Operational Hours: 7:30 AM - 10:30 PM, Sunday through Thursday
7:30 AM - 11:00 PM, Friday & Saturday
Liquor License: Tenants shall obtain and maintain in good standing a Type
41 license, from the State Department of Alcoholic Beverage Control for any
sale of beer and wine in conjunction with a bone fide eating establishment.
The license shall include Business Hour, a limitation prohibiting the off-site
sale of alcohol, and other applicable restrictions consistent with the
Conditional Use Permit approved herein. A copy of the issued license shall be
provided to the Community Development Department prior to issuance of a
Business License.
k. Outdoor Seating: Outdoor seating is not approved with the subject permit.
I. Loitering: There shall be no loitering allowed outside the business. The
business owner is responsible for monitoring the premises to prevent loitering.
m. Noise: Music shall be played indoors and at a low level at all times.
Unreasonable levels of noise, sounds and/or voices, including but not limited
Exhibit A -Conditions of Approval
PLN2016-23 - 2000 S. Bascom Avenue -Use Permit -Beer and Wine -MOD Pizza
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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.
No speakers shall be permitted to be installed outdoors.
n. Taxicab Service: The establishment shall post in a conspicuous place the
telephone numbers of local taxicab services.
o. Smoking: "No Smoking" signs shall be posted on the premises in compliance
with CMC 6.11.060.
p. Trash & Clean Up: All trash, normal clean up, carpet cleaning, etc. shall occur
during the approved `Operational Hours'.
q. Outdoor Cooking: No outdoor cooking (i.e., grilling, smoking, etc.) is
permitted in association with the establishment.
r. 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.
4. Determination of Use: Prior to issuance a business license for a tenant proposing to
serve beer and wine in association with this use permit, a detailed business description
and floor plan shall be submitted for review and approval by the Community
Development Director. The Director of Community Development shall review the
business for conformance with the operational standards and conditions of approval
approved herein. If the Director determines the use to be inconsistent with the
operational standards and/or conditions of approval, no business license shall be issued
and the use shall not be permitted to establish. If the use is determined to be
inconsistent, the applicant reserves the right to appeal such determination to the
Planning Commission.
5. Revocation of Permit: Operation of a "full service restaurant" with beverage (including
beer and wine) and food sales 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 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:
Exhibit A -Conditions of Approval
PLN2016-23 - 2000 S. Bascom Avenue -Use Permit -Beer and Wine -MOD Pizza
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a. The number and types of noise or odor 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. Alcohol Sales for Off-Site Consumption: The sale of alcohol for off-site consumption is
prohibited.
7. 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.
8. Outdoor Storage: No outdoor storage is permitted on the property.
9. Storefront Windows & Doors: At no time shall an obscure wall or barrier (i.e. drapery,
window tinting, blinds, furniture, inventory, shelving units, storage of any kind, or similar)
be installed along, behind or attached to storefront windows or doorways that blocks
visual access to the tenant space or blocks natural light without prior written approval of
the Director of Community Development.
Building Division
10. Permits Required: A building permit application shall be required for the proposed
Tenant Improvements to the (e) commercial space. The building permit shall include
Electrical/Plumbing/Mechanical fees when such work is part of the permit.
11. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet
of construction plans submitted for building permit.
12. Size of Plans: The minimum size of construction plans submitted for building permits
shall be 24 in. X 36 in.
13. 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.
14. 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.
15. 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.
16. 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
Exhibit A -Conditions of Approval
PLN2016-23 - 2000 S. Bascom Avenue -Use Permit -Beer and Wine -MOD Pizza
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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.
17. Non-Point Source Pollution: 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.
18. 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.
19. Title 24 Accessibility -Commercial: This project shall comply fully with the provisions of
Chapter 11 B of California Building Code 2013 ed.
Santa Clara County Fire Department
20. Review: Review of this Developmental 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.
21. Cooking Oil: Storage of cooking oil (grease) in commercial cooking operations shall
comply with Chapter 57. Systems used to store cooking oils in larger than 60-gallon (227
L) above ground tanks shall also comply with Sections 610.2 through 610.5. For
purposes of this section, cooking oil shall be classified as a Class IIIB liquid unless
otherwise determined by testing. CFC Sec. 610