PC Res 4661 (2)RESOLUTION NO. 4661 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL GRANTING APPROVAL OF A CONDITIONAL
USE PERMIT WITH SITE AND ARCHITECTURAL REVIEW TO ALLOW ESTABLISHMENT OF A NEW RESTAURANT ("PEDESTRIAN-ORIENTED ACTIVITY") WITH A FULL-SERVICE BAR ("LIQUOR ESTABLISHMENT"), OUTDOOR SEATING, AND "LATE-NIGHT
ACTIVITIES" (12:00 AM STAFF CLOSING); EXTERIOR BUILDING ALTERATIONS INCLUDING INSTALLATION OF WOOD CLADDING, WOOD TRIM, TILE/STONE ACCENTS, A NEW WINDOW AND FOLDABLE DOOR SYSTEM, AND REMOVAL OF THE FORMER PILATES V BUILDING STOREFRONT AND BARREL TILE ROOFING;
AND CONSTRUCTION OF A NEW TRASH ENCLOSURE AND
RELATED PARKING LOT RESTRIPING, FOR PROPERTY LOCATED AT 220 E. CAMPBELL AVENUE AND 22 S. 2ND STREET. FILE NO: PLN-2022-56
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 did find as follows with regard to application PLN-2022-56:
1. The Project Site is composed of two parcels, located at the southeast corner of East
Campbell Avenue and South Second Street in Downtown Campbell.
2. The Project Site is within the C-3 (Central Business District) Zoning District and within the Central Commercial General Plan Land Use District as depicted on the City of Campbell Zoning and General Plan Maps, respectively.
3. The Project Site is also within the boundary of and subject to the Campbell Downtown Development Plan. 4. The Proposed Project is an application for a Conditional Use Permit with Site and Architectural Review to allow establishment of a new restaurant ("pedestrian-oriented
activity") with a full-service bar ("liquor establishment"), outdoor seating, and "late-night
activities" (12:00 AM staff closing); exterior building alterations including installation of wood cladding, wood trim, tile/stone accents, a new window and foldable door system, and removal of the former Pilates V building storefront and barrel tile roofing; and construction of a new trash enclosure and related parking lot restriping.
5. A "liquor establishment" is defined by CMC Ch. 21.72, below. In accordance with the definition of a liquor establishment, any restaurant that sells alcoholic beverages for on-site consumption is subject to a Conditional Use Permit requirement, when specified by
the applicable zoning district.
"Liquor establishments" means a retail activity that is primarily devoted to the selling
of alcoholic beverages as a stand-alone bar or tavern, or in conjunction with a
restaurant or nightclub facility, for consumption on the premises.
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6. In the C-3 (Central Business District) Zoning District, "liquor establishments" are identified as conditional use in Table 2-11 (Land Use Table — C-3 Zoning District), which
require approval of a Conditional Use Permit.
7. Policies found within the Campbell General Plan and Downtown Campbell Development Plan articulate a desire to promote and enhance a downtown environment that provides a desirable balance of land uses including shopping, services, and entertainment. This vision is evidenced in policies that encourage a mix of day and evening activities, a
distinctive retail presence, a diversity of eating establishments, support for neighborhood-serving businesses, and protection of surrounding residential neighborhoods.
8. The City Council adopted the Downtown Alcohol Beverage Policy, consistent with the
goals and strategies of the Campbell General Plan and Downtown Development Plan.
The Policy is intended to balance the health and safety of the community while still maintaining the commercial viability of the downtown in which restaurants have an essential role.
9. Conformance to the provisions of the Downtown Alcohol Beverage Policy is the basis by which the City reviews new and modified applications for alcohol beverage service. The
Policy sets forth limitations to the hours of operation, amount of bar area seating, and alcohol beverage service that are necessary to protect the public health, safety and welfare. The Downtown Alcohol Beverage Policy strongly recommends that Conditional Use Permits for establishments for on-site consumption of alcohol beverages be limited
to a closing time of no later than 12:00 AM.
10. A public closing time of 11:00 PM for the restaurant is appropriate to ensure that alcohol service remains ancillary to food service and therefore would not result in an overconcentration of alcohol-serving (liquor) establishments.
11. The approval of a Conditional Use Permit incorporates applicable operational standards of the Downtown Alcohol Beverage Policy.
12. Alcohol beverage service in the restaurant shall be ancillary and subordinate to the primary purpose of serving food.
13. The overconcentration of late night alcohol serving establishments within a compact downtown district can create a cumulative impact that overwhelms the area creating an
undesirable result such as drunk in public, vandalism, and disorderly conduct.
14. For purposes of its overconcentration analysis, the Planning Commission recognizes the "special project areas" described by Campbell General Plan Figure LUT-8, including the Downtown Development Plan (excepting the Civic Center and those areas that overlap with other adopted area/master plans).
15. Approval of the Proposed Project would result in 27 alcohol-serving establishments in
the Downtown Development Plan area (excepting the Civic Center and those areas that overlap with other adopted area/master plans), or approximately one per acre,
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comparable to the Pruneyard Shopping Center, which is permitted 25 alcohol-serving establishments or approximately one per acre, pursuant to its Master Use Permit.
16. The Downtown Alcohol Beverage Policy provides that all Conditional Use Permits issued
to establishments for alcoholic beverage service on-site are 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 the sale of alcohol has become a nuisance to the City's public health, safety or welfare.
17. The Proposed Project includes a public closing time (business hours) of 11:00 PM for the restaurant with staff-clean-up activity until 12:00 AM (operational hours), which renders the proposal as a "late-night activity".
18. The Proposed Project is not subject to a Parking Modification Permit requirement, nor to
City Council consideration, for removal of a parking stall as otherwise required by CMC
Sec. 21.10.060.H.1 pursuant to the AB-2097, codified in Government Code § 65863.2, which precludes the City from imposing or enforcing a parking requirement for a development project located within one-half mile of public transit, as the project site is within one-half mile of the Downtown Campbell Light-Rail Station.
19. The Proposed Project, as conditioned, would be consistent with the following General
Plan policies and strategies:
Policy LU-1.1: Development Potential: To maximize the development potential of property within the C-3 zone, particularly ground floor retail, restaurants, and other pedestrian oriented uses.
Strategy LUT-5.3g: Day and Evening Activities: Encourage restaurant and specialty retail uses in the Downtown commercial area that will foster a balance of day and evening activity.
Policy LUT-9.3: Design and Planning Compatibility: Promote high quality, creative design and site planning that is compatible with surrounding development, public spaces, and natural resources.
Strategy LUT-9.3e: Building Materials: Encourage the use of long-lasting, high quality building materials on all buildings to ensure the long-term quality of the built environment.
Strategy LUT-9.3d: Building Design: Design buildings to revitalize streets and public spaces by orienting the building to the Strategy LUT-10.1e: Parking Lot Screening: Plant landscaping or build decorative walls at the interior and perimeter of parking areas as a visual screen.
Strategy LUT-19.1a: Mix of Uses: Mix of Uses: Encourage a compatible mix of uses (i.e. professional offices, services and retail uses) with ground floor retail uses.
Strategy LUT-19.1b: Pedestrian-Orientation: Reinforce East Campbell Avenue as a pedestrian-oriented retail street.
20. The Proposed Project would be consistent with the following Downtown Development
Plan policies and strategies:
Policy LU-4.1: Downtown Character: Require new development to be sensitive to the unique character that defines Downtown Campbell.
Planning Commission Resolution No. 4661 Page 4 of 7 220 E. Campbell Ave. | 22 S. 2nd St.
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Policy D-1.1: Building Orientation and Layout: New development and major rehabilitation projects shall orient buildings on the street to create a continuous development pattern geared to the pedestrian.
Policy D-1.2: Building Articulation: Given the unique character of the Downtown district, new development and major rehabilitation projects shall incorporate the traditional architectural style, articulation and details that reflect the City’s history and promote its future.
Policy D-2.1: Ground-Level Design Features: The Ground-Level in the Downtown shall include design features, such as consistent streetscape patterns, outdoor areas, display windows, and building articulation, which is attractive and pedestrian oriented.
Strategy D-2.1a: Buildings facing East Campbell Avenue shall be designed to maintain a consistent development pattern that promotes retail activity and an active pedestrian-
oriented environment. Recessed buildings, particularly on corner lots, may be allowed to provide for outdoor dining, public areas or design excellence determined to contribute to the overall benefit of the Downtown.
Strategy D-2.1b: Creative and attractive display windows shall be encouraged on the ground floor to enliven the pedestrian street environment.
21. The Proposed Project includes an exterior remodel of the subject buildings, the
architectural design of which incorporates a combination of materials to create a
contemporary appearance while maintaining the buildings' existing form, including installation of new wood trim accents around the windows and on the existing canopies, a new foldable door system, new paint, new split-faced stone veneer wainscot, a new additional side window, and removal and replacement of the existing entry awning and
entry door with a new canopy, and hand-carved wood door. 22. Removal of the former Pilates V building storefront would be inconsistent with the aforementioned Downtown Development Plan policies and strategies and with the C-3
Zoning District Design Standards (CMC Sec. 21.10.060.I). However, as conditioned, the
Proposed Project will be revised to incorporate a mural feature in-lieu of the proposed
wood cladding, which would resolve the inconsistency. 23. Based on trip generation values provided by the Institute of Transportation Engineers (ITE) Trip Generation Manual, the Proposed Project would result in less than 100 new
AM or PM trips, therefore not requiring preparation of a traffic impact analysis pursuant to the Congestion Management Program, as specified by the VTA Transportation Impact
Analysis (TIA) Guidelines.
24. The Proposed Project is required by a Condition of Approval to construct a low-wall along
the edge of the parking lot to shield the sidewalk from vehicular encroachment and to screen the lot from view (in furtherance of General Plan Strategy LUT-10.1e). 25. In-lieu of construction of an ADA compliant curb ramp at the southeast corner of the intersection of East Campbell Avenue and South Second Street, as permitted by CMC
Section 11.24.040 (Requirements—General), the applicant shall be obligated to pay $10,000 for its proportional share of the construction of the aforementioned improvement. This fee is imposed pursuant to the Mitigation Fee Act (Government Code § 66000 et seq.) such that the $10,000 fee will be used to further accessibility compliance
Planning Commission Resolution No. 4661 Page 5 of 7 220 E. Campbell Ave. | 22 S. 2nd St.
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within the City's right-of-way in furtherance of the Americans with Disability Act and would be benefit to customers of the approved restaurant use, some of whom may be disabled.
26. The Proposed Project includes construction of two (2) new connection openings between the building located at 220 E. Campbell Avenue and the building located at 22 2nd Street at the real property line/lot line separating the parcels upon which each separate building is located, which is not permitted. The exterior wall and opening limitations in exterior walls is defined by CBC Tables 602 and 705.8 based on "Fire Separation Distance". The
location of the proposed openings between the two separate buildings is located where the exterior wall of each building has a fire separation distance less than 3-feet from the closest interior lot line, and therefore is not permitted.
27. To address the aforementioned Building Code violation, the property owner(s), upon
Building Official approval of an “Alternate Materials, Design, and Methods of Construction” under the Campbell Municipal Code, shall execute and record a “Covenant and Agreement to Hold Property as One Parcel," negating the exterior wall and opening requirements of CBC Tables 602 and 705.8 at the existing exterior walls separating the two buildings and allowing the use of CBC Section 503.1.2 to consider these two
separate buildings on the same lot as one building. 28. Although the historical significance of 220 E. Campbell Avenue is unclear, the Proposed Project would not cause a substantial adverse change to the structure in that the
proposed remodel is limited to de minimis cosmetic changes that would not remove or
materially alter the building's character defining features, particularly the midcentury-modern influenced entryway, such that a formal historical analysis was not required. 29. In review of the Proposed Project, the Planning Commission considered traffic safety, traffic congestion, site circulation, adequacy of landscaping, and the appropriateness of
proposed structures and site layout, pursuant to Campbell Municipal Code Sec. 21.42.040 (Considerations in review of applications).
30. The Planning Commission's review of the proposed project further encompassed zoning and General Plan land use conformance, noise impacts, parking, property maintenance,
odors, security and enforcement, and neighborhood impacts.
31. The Planning Commission also weighed the public need for, and the benefit to be derived from, the project, against any impacts it may cause.
32. 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.
33. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
Planning Commission Resolution No. 4661 Page 6 of 7 220 E. Campbell Ave. | 22 S. 2nd St.
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Site and Architectural Review Permit Finding (CMC Sec. 21.42.060.B):
1. The project will be consistent with the general plan;
2. The project will aid in the harmonious development of the immediate area; 3. The project is consistent with applicable adopted design guidelines, development agreement, overlay district, area plan, neighborhood plan, and specific plan(s); 4. There is a reasonable relationship and a rough proportionality between the Conditions
of Approval and the impacts of the project; 5. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project;
6. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment; Conditional Use Permit Findings (CMC Sec. 21.46.040):
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;
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 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; Special Findings for Liquor Establishments (CMC 21.46.070):
7. The establishment will not result in an over concentration of these uses in the
surrounding area;
Planning Commission Resolution No. 4661 Page 7 of 7 220 E. Campbell Ave. | 22 S. 2nd St.
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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 establishment would be consistent with the Downtown Alcohol Beverage Policy.
Undue Concentration Finding (BPC Sec. 23958):
12. The public convenience or necessity would be served by the issuance of an on-sale
general liquor license.
Environmental Finding(s) (CMC Sec. 21.38.050):
13. The project is Categorically Exempt under Section 15301 (Class 1) of the California Environmental Quality Act (CEQA), pertaining to the operation and leasing, and minor
alteration of an existing private structure; and
14. 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 grants approval of a Conditional Use Permit with Site and Architectural Review (PLN-2022-56) to allow establishment of a new restaurant ("pedestrian-oriented activity") with a full-service bar ("liquor establishment"), outdoor seating, and "late-night activities" (12:00 AM staff closing);
exterior building alterations including installation of wood cladding, wood trim, tile/stone
accents, a new window and foldable door system, and removal of the former Pilates V building storefront and barrel tile roofing; and construction of a new trash enclosure and related parking lot restriping, for property located at 220 E. Campbell Avenue and 22 S. 2nd Street, subject to the attached Conditions of Approval (attached Exhibit A).
PASSED AND ADOPTED this 10th day of January, 2023, by the following roll call vote: AYES: Commissioners: Fields, Ostrowski,Zisser, Kamkar,Krey,Buchbinder NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners: APPROVED: Adam Buchbinder, Chair
ATTEST: Rob Eastwood, Secretary
EXHIBIT A
CONDITIONS OF APPROVAL Conditional Use Permit (PLN-2022-56)
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 Project: Approval is granted for a Conditional Use Permit with Site and
Architectural Review (PLN-2022-56) to allow establishment of a new restaurant ("pedestrian-oriented activity") with a full-service bar ("liquor establishment"), outdoor seating, and "late-night activities" (12:00 AM staff closing); exterior building alterations including installation of wood cladding, wood trim, tile/stone accents, a new window and
foldable door system, and removal of the former Pilates V building storefront and barrel tile roofing; and construction of a new trash enclosure and related parking lot restriping, on property located at 220 E. Campbell Avenue and 22 S. 2nd Street (Project Site). The project shall substantially conform to the Project Plans and Written Description
included as Attachments 2 and 3 in the January 10, 2023, Planning Commission Staff
Report, except as may be modified by conditions of approval contained herein, and as
revised by the updated architectural elevation included in Exhibit B. 2. Permit Expiration: Approval of the Conditional Use Permit with Site and Architectural Review ("Approval") shall be valid for one (1) year from the effective date of the Planning
Commission action. Within this one-year period a Building Permit for the approved exterior building alterations and interior restaurant tenant improvements must be issued pursuant to CMC Sec. 21.56.030.B.1. Failure to meet this deadline or expiration of an issued Building Permit shall result in the Approval being rendered void. Once
established, this Approval shall be valid in perpetuity on the Project Site, subject to
continued maintenance of an ABC liquor license as provided for in Condition of Approval
No. 9 (Operational Standards). Discontinuation of alcohol service for a continuous period of twelve months, as evidenced by surrender or revocation of the ABC license, shall void the Approval upon an affirmative determination by the Planning Commission in a public hearing that the use has been discontinued.
3. Plan Revisions: The construction plans submitted for a Building Permit shall (1) incorporate appropriate notes and details to demonstrate compliance the relevant requirements of Condition of Approval No. 9 (Operational Standards), (2) show that the trash enclosure exterior walls will be stuccoed and painted consistent with the primary
building, and (3) show construction of a low screening wall along the edge of the rear
parking lot, the design of which shall be to the satisfaction of the Community Development Director, and (4) reflect the mural location as depicted in Exhibit B.
Exhibit A – Conditions of Approval ~ 220 E. Campbell Ave. | 22 S. 2nd St. Page 2 PLN-2022-56 – Conditional Use Permit w/Site and Arch. Review
4. Mural Installation: The design option(s) for the mural installation depicted in Exhibit B shall be reviewed by the Civic Improvement Commission for a non-binding
recommendation to the applicant prior to installation. The mural is an artistic design
feature and shall not incorporate any texts, graphics, iconography, and/or combination of colors/shapes that would constitute a sign as defined by the CMC Ch. 21.30 (Signs). 5. Signage: No signage has been approved as part of this development application. New
signage shall not be installed prior to approval of a Sign Permit consistent with the signage standards for the C-3 Zoning District. 6. Covenant and Agreement: Contingent upon Building Official approval of an “Alternate Materials, Design, and Methods of Construction” under the Campbell Municipal Code,
the property owner(s) shall execute and record a “Covenant and Agreement to Hold
Property as One Parcel," negating the exterior wall and opening requirements of CBC Tables 602 and 705.8 at the existing exterior walls separating the two buildings and allowing the use of CBC Section 503.1.2 to consider these two separate buildings on the same lot as one building.
The covenant and agreement shall provide that the legally described land (i.e. the two (2) separate parcels under this Conditional Use Permit) shall be held as one parcel and no portion less than the whole thereof will be sold, disposed of, or in any way divided or hypothecated for any purpose whatsoever other than in accordance with the Subdivision
Map Act, other than applicable State law, and the provisions of the City of Campbell
Municipal Code. The covenant and agreement shall run with the land (both parcels) and shall be binding upon the current owners, any future owners, encumbrances, their successors, heirs,
assignees and shall continue in effect until such time that (1) the same business no longer occupies both buildings, (2) the Conditional Use Permit approved herein is revoked, or (3) the two buildings are lawfully combined to form a single building (requiring the two parcels to be merged), and where the City has determined that such condition(s) to exist and that the covenant and agreement, therefore, shall be deemed terminated.
The covenant and agreement shall provide that the City may recover enforcement costs
in the event the restriction is violated, with a security guarantee acceptable to the City. The applicant shall submit a draft covenant and agreement prepared by an attorney licensed in the State of California for review and approval by the City Attorney. The
applicant shall remunerate the City for the full cost of the City Attorney's review. The fully executed covenant and agreement shall be recorded on the title of both parcels, and the City Attorney's review costs paid, prior to issuance of a Building Permit. 7. Minor Revisions: Architectural refinements and other minor revisions to the Approved
Project Plans may be administratively reviewed and approved by the Community Development Director pursuant to CMC Sec. 21.56.060. 8. Planning Final Required: Planning Division clearance is required prior to Building Permit
final. Construction not in substantial compliance with the approved project plans shall not
be approved without prior authorization of the necessary approving body.
Exhibit A – Conditions of Approval ~ 220 E. Campbell Ave. | 22 S. 2nd St. Page 3 PLN-2022-56 – Conditional Use Permit w/Site and Arch. Review
9. Operational Standards: Consistent with the Downtown Alcohol Beverage Policy and other City standards, any restaurant operating pursuant to the Conditional Use Permit
approved herein shall conform to the following operational standards.
a. Approved Use: The approved use is a "pedestrian-oriented activity" operating as a "bona fide public eating place" as defined by Section 23038 of the California Business and Professions Code (i.e., restaurant), with ancillary "late-night activities" (staff
clean-up activity), as defined by the Campbell Municipal Code and limited by the operational standards listed herein. At no time shall the restaurant be operated as a stand-alone bar/tavern. b. Restaurant Seating/Patron Occupancy: Total indoor patron occupancy shall be
limited to 138 seated patrons, inclusive of 118 dining area seats and 20 bar area
seats, inclusive of accessible seating, however, excluding seats for those waiting for service, subject to the maximum occupancy capacities of certain rooms as determined by the California Building Code (CBC). Future changes to the bar area configuration shall not increase the bar seating to more than 25% of the restaurant's
total seating (dining and bar areas combined).
c. Maximum Occupancy Sign: The business owner shall install a maximum occupancy sign of a size to be determined by the Community Development Director, conspicuously posted within the premises, which shall include the maximum seated occupancy and include a visual depiction of the floor plan included in the approved
construction drawings submitted for a Building Permit. It is the responsibility of the
business owner to provide adequate entrance controls to ensure that patron occupancy is not exceeded.
d. Floor Plan Layout: All chairs and tables within the dining area shall consists of standard-height furniture (i.e., not "high-top"). All tables and chairs shall be placed in
such a manner to allow sufficient area for dining and shall not be stacked or removed from the dining area or placed outside. At no time shall the seating be reconfigured to created large open spaces for patrons to congregate, dance, drink, or socialize.
e. 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 (except for emergencies).
• Business Hours 10:00 AM – 10:00 PM, Sunday - Thursday
10:00 AM – 11:00 PM, Friday - Saturday
• Operational Hours: 9:00 AM – 12:00 AM, daily
f. Liquor License: The applicant shall obtain and maintain in good standing a license from the State Department of Alcoholic Beverage Control for the sale of alcoholic beverages for on-site consumption in association with a bona fide public eating place (limited to a Type 41 or Type 47 license). The sale of alcoholic beverages for off-site
consumption is prohibited.
Exhibit A – Conditions of Approval ~ 220 E. Campbell Ave. | 22 S. 2nd St. Page 4 PLN-2022-56 – Conditional Use Permit w/Site and Arch. Review
g. Patron Service: Patrons shall not be served while standing, either within bar area or in the dining room area.
h. Food Service: Full menu meal service shall be provided at all times during the
Business Hours in the dining, outdoor seating, and bar areas (i.e., the kitchen shall not be closed).
i. Alcohol Beverage Service: Alcohol beverage service in the dining area shall only be allowed in conjunction with food service.
j. Live Entertainment: No live entertainment is permitted as part of the Conditional
Use Permit approval, including live music, disc jockey, karaoke, and dancing. Future requests for live entertainment shall be through approval of a Modification to the Conditional Use Permit and shall be limited to live musicians complimentary to the primary purpose of proving meal service.
k. Alcohol Sales: The monthly gross sales of alcoholic beverages shall not exceed the
gross sales of food during the same period, consistent with ABC licensing regulations. The business owner shall provide sales records on demand to the City to verify compliance with this standard.
l. Doors and Windows: All doors and windows shall remain closed after 10:00 PM.
m. Loud Speakers: Exterior loud speakers, exterior audio sound systems, and/or public address systems are prohibited.
n. Outdoor Seating: Outdoor eating shall be limited to private property and be considered part of the dining area subject to all restrictions herein. In addition, the following requirements apply:
i. All outdoor patio furniture (including tables, chairs, umbrellas, and heaters) shall be in substantial conformance with the details and specifications provided in the Approved Project Plans.
ii. Total patron occupancy in the outdoor seating area shall be limited to 22 seated
patrons.
iii. Use of the outdoor seating area shall cease by the end of the approved "Business Hours". At such time, all chairs shall be stacked, stored, or otherwise secured to prevent unauthorized use.
iv. All outdoor furniture shall be kept clean and in good repair and replaced and/or fixed as necessary.
v. Exterior heaters shall be electric or natural gas. Propane heaters are prohibited unless the Community Development Director approves a canister enclosure.
o. Smoking: "No Smoking" signs shall be posted on the premises in compliance with CMC Section 6.11.060.
p. Taxicab Service: The establishment shall post in a conspicuous place the telephone
numbers of local taxicab services.
Exhibit A – Conditions of Approval ~ 220 E. Campbell Ave. | 22 S. 2nd St. Page 5 PLN-2022-56 – Conditional Use Permit w/Site and Arch. Review
q. Loitering: There shall be no loitering allowed outside the business and within the outside dining area. The business owner is responsible for monitoring the premises to prevent loitering.
r. Storefront Glazing: All storefront glazing shall remain unobscured, except for the 25% of window area permitted to be occupied with window signage.
s. Noise: Any noises, sounds and/or voices, including but not limited to interior audio sound systems, generated by the establishment shall not be audible to a person of
normal hearing capacity from any residential property. In the event verified complaints
are received by the City regarding such noise, the Community Development Director may immediately modify the business hours/hours of operation, subject to the project being brought back to the Planning Commission for review, pursuant to Condition of Approval No.10.
t. Lighting: On-site lighting shall be shielded away from adjacent properties and
directed on-site. The final design and type of lighting fixtures and lighting intensity of any proposed exterior lighting for the project shall be reviewed and approved by the Community Development Director for compliance with the City of Campbell Lighting Design Standards (CMC Sec. 21.18.090).
u. Trash Disposal and Clean-Up: Refuse and recycling receptacles shall be kept within
the trash enclosure except during collection in compliance with CMC Chapter 6.04 (Garbage and Rubbish Disposal). Emptying of trash receptacles and placement of refuse and recyclable materials into the trash enclosure receptacles shall occur only during the approved "Operational Hours".
v. Property Maintenance: All exterior areas of the business free from graffiti, trash,
rubbish, posters and stickers placed on the property, in compliance with CMC Section 21.16.110 (Site Maintenance).
w. Landscape Maintenance: All landscaping shall be maintained in compliance with Campbell Municipal Code Section 21.26.040 (Landscaping Maintenance
Requirements) and Section 21.16.110.C.2 (Landscape Maintenance). Dead or
unhealthy plants shall be replaced with healthy plants of the same or similar type.
x. Employee Training: The establishment shall use an employee training manual that addresses alcoholic beverage service consistent with the standards of the California Restaurant Association and the Department of Alcoholic Beverage Control.
y. Designated Driver Program: The establishment shall maintain and actively promote
a designated driver program (e.g., complimentary non-alcoholic beverages for designated drivers).
z. Parking and Driveways: All parking and driveway areas shall be maintained in compliance with the standards provided in CMC Chapter 21.28 (Parking and
Loading). All parking areas shall be regularly swept and cleaned to remove litter and
debris from the parking areas and driveways. The business owner may designate non-accessible stalls as time limited "Take Out Parking Only".
Exhibit A – Conditions of Approval ~ 220 E. Campbell Ave. | 22 S. 2nd St. Page 6 PLN-2022-56 – Conditional Use Permit w/Site and Arch. Review
aa. Outdoor Activity/Storage: Other than outdoor seating, no outdoor activity (e.g., cooking) is permitted in association with the restaurant. Outdoor storage, including but not limited to, linens, kegs, cartons, is also prohibited.
bb. City Meetings: At the discretion of the Police Chief, periodic meetings will be conducted with representatives from the Police Department and Department of Alcohol Beverage Control for on-going employee training on alcoholic beverage service to the general public.
10. Revocation of Permit: Operation of the restaurant with alcohol service pursuant to this Approval 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 the sale of alcohol has become a nuisance to the City’s public health, safety or welfare or for violation of this Approval 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 (e.g., noise, etc.) and/or related to the service of alcohol within a twelve (12) month period, a public
hearing before the Planning Commission may be scheduled to consider modifying
conditions of approval or revoking of the Approval. The Community Development Director may commence proceedings for the revocation or modification of the Approval upon the occurrence of less than three (3) complaints if the Community Development Director determines that the alleged violation warrants such an action. The Director may also at such time immediately restrict the establishment's Hours of Operation to address
complaints in a timely manner. In exercising this authority, the decision making body may consider the following factors, among others:
a. 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;
b. The number of complaints received from residents, business owners and other citizens concerning the operation of an establishment,
c. The number of arrests for alcohol, drug, disturbing the peace, fighting and public nuisance violations associated with an establishment;
d. The number and kinds of complaints received from the State Alcoholic Beverage
Control office and the County Health Department; and
e. Violation of conditions of approval.
Building Division
11. Permit Required: A building permit application shall be required for the proposed project.
The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 12. Conditions of Approval: The Conditions of Approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
Exhibit A – Conditions of Approval ~ 220 E. Campbell Ave. | 22 S. 2nd St. Page 7 PLN-2022-56 – Conditional Use Permit w/Site and Arch. Review
13. Construction Fencing: The property shall be properly enclosed with construction fencing to prevent unauthorized access to the site during construction. The construction site shall
be secured to prevent vandalism and/or theft during hours when no work is being done.
14. Review Comments: The review comments provided by O’Brien Code Consulting, Inc., in the review letter entitled, "2019 CBC Preliminary Design Review – Conditional Use Permit & Site and Architectural Review", dated September 29, 2022, as included in the
administrative record, are herein incorporated by reference. PUBLIC WORKS DEPARTMENT 15. Encroachment Permit / Fees / Deposits: Any work in the public right-of-way will require
an encroachment permit. To obtain an encroachment permit, the applicant shall cause
plans for public street improvements, pay various fees and deposits, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements.
The applicant was given the option to reconstruct the existing curb ramp at the southeast
corner of S Second Street/E Campbell Avenue to an accessible compliant curb ramp or pay an in-lieu fee for the reconstruction of the curb ramp as part of a future City project. Response letter dated August 25, 2022, shows that the applicant has opted to make an in-lieu payment of $10,000. Prior the issuance of Building permit, the applicant shall pay the $10,000 in-lieu fee for the reconstruction of the curb ramp at the southeast corner of
S Second Street/E Campbell Avenue. No private structure/planter/furniture shall be located in the public right-of-way.
16. Right-of-Way for Public Street Purposes: Prior to issuance of any building permits for
the site, the applicant shall fully complete the process to cause additional right-of-way (corner radius) to be granted in fee for public street purposes along project frontage (southeast corner of N 2nd Street/E Campbell Avenue), to accommodate an ADA curb ramp and 5’ wide landing area behind the new ADA curb ramp, unless otherwise
approved by the City Engineer. The applicant shall submit the necessary documents for
approval by the City Engineer, process the submittal with City staff’s comments and fully complete the right-of-way process. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City’s review and recordation.
17. 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
California Stormwater Quality Association (CASQA), 2003; Start at the Source: A
Exhibit A – Conditions of Approval ~ 220 E. Campbell Ave. | 22 S. 2nd St. Page 8 PLN-2022-56 – Conditional Use Permit w/Site and Arch. Review
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.
18. Trash Enclosure Requirements: The following are standard trash enclosure requirements
pursuant to NPDES Permit No. CAS612008 (CRWQCB), C.3.a.i. (7). For all new development and redevelopment projects that are subject to the Permittee’s planning, building, development, or other comparable review, but not regulated by Provision C.3, encourage the inclusion of adequate source control measures to limit pollutant generation, discharge, and runoff. These source control measures should include:
a. Covered trash, food waste, and compactor enclosures.
b. Campbell Municipal Code 14.02.030 "Stormwater Pollution Control / Requirements". The code states that no pollutants or water containing pollutants can be discharged into the City's storm drain system. Trash enclosures contain pollutants. During a rain event (or during general cleaning) water washes over and
into roofless enclosures, collecting pollutants and discharging to the City's storm drain system. Applicants are required to show how new trash enclosures will not discharge pollutants into the storm drain system. One possible method is to provide a sanitary drain in the trash enclosure.
c. West Valley Sanitation District (WVSD), the local sanitary sewer agency, will
require a roof on the enclosure and the trash enclosure drain connects to their
sanitary sewer system.
19. Additional Requirements: The following conditions only apply if the applicant has a need to install / upgrade utility services (water, sewer, gas, etc.) in the street/sidewalk:
a. 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.
b. Utility 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.
c. 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. South 2nd Avenue and E Campbell Avenue along project frontages have not 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.
EXHIBIT B
Resol 4661 ~ 220 E. Campbell Ave. (Doppio
Zero)
Final Audit Report 2023-04-14
Created:2023-04-05
By:Selina Perez Aquino (selinap@campbellca.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAlT_6PVEPXpyaHXO27YmA5olQTBzRkUeW
"Resol 4661 ~ 220 E. Campbell Ave. (Doppio Zero)" History
Document created by Selina Perez Aquino (selinap@campbellca.gov)
2023-04-05 - 10:10:47 PM GMT
Document emailed to Rob Eastwood (robe@campbellca.gov) for signature
2023-04-05 - 10:11:50 PM GMT
Email viewed by Rob Eastwood (robe@campbellca.gov)
2023-04-10 - 6:00:54 AM GMT
Document e-signed by Rob Eastwood (robe@campbellca.gov)
Signature Date: 2023-04-10 - 6:01:03 AM GMT - Time Source: server
Document emailed to abuchbinder@google.com for signature
2023-04-10 - 6:01:05 AM GMT
Email viewed by abuchbinder@google.com
2023-04-14 - 4:19:31 PM GMT
Signer abuchbinder@google.com entered name at signing as Adam Buchbinder
2023-04-14 - 4:20:09 PM GMT
Document e-signed by Adam Buchbinder (abuchbinder@google.com)
Signature Date: 2023-04-14 - 4:20:11 PM GMT - Time Source: server
Agreement completed.
2023-04-14 - 4:20:11 PM GMT
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