PC Res 3649
RESOLUTION NO. 3649
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
(PLN2004-188) TO ALLOW LATE NIGHT ACTIVITIES FOR A
RESTAURANT IN DOWNTOWN CAMPBELL ON PROPERTY OWNED
BY MR. ROBERT RAFFANTI LOCATED AT 266 E. CAMPBELL
AVENUE IN THE C-3-S (CENTRAL BUSINESS DISTRICT) ZONING
DISTRICT. APPLICATION OF MR. SAM RAMIREZ. FILE NO.
PLN2004-188.
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the Planning Commission did find as follows
with respect to application PLN2004-188:
1. The proposed late night activities in conjunction with a restaurant are consistent with the
Central Commercial General Plan land use designation.
2. The proposed late night activities for a restaurant will be compatible with the C-3 (Central
Business District) zoning designation with approval of a Conditional Use Permit.
3. The project site consists of a 6,720 square foot lot, developed with 4,619 square feet of
building area, zero square feet of landscaping, and 2,101 square feet of paving.
4. The project site is located on the south side of East Campbell Avenue, between South First
Street and South Second Street. The property is surrounded by commercial uses on the
north, east and west sides, and a parking lot to the south.
5. The proposed project is consistent with other developments and uses in the surrounding area.
6. No exterior modifications to the building are proposed in conjunction with the proposed late
night activities.
7. The Police Department has not expressed a concern with the proposed project.
8. The hours of operation shall be restricted to 8:00 a.m. to 11 :00 p.m. Sunday to Wednesday
and 8:00 a.m. to 2:00 a.m. Thursday through Saturday.
9. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 (Existing
Facilities) ofthe California Environmental Quality Act (CEQA).
Planning Commission Resolution No. 3649
PLN2004-60 -266 E. Campbell Avenue-Conditional Use Permit -- Slice
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Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The proposed proj ect is consistent with the General Plan.
2. 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 Municipal Code.
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.
7. 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.
8. There is a reasonable relationship and a rough proportionality between the conditions of
approval and the impacts of the project.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional
Use Permit (PLN2004-188) to allow late night activities for a restaurant in Downtown Campbell
on property owned by Mr. Robert Raffanti located at 266 E. Campbell Avenue in the C-3-S
(Central Business District) Zoning District, subject to the following conditions:
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.
Planning Commission Resolution No. 3649
PLN2004-60 -266 E. Campbell Avenue-Conditional Use Permit -- Slice
Page 3
COMMUNITY DEVELOPMENT DEPARTMENT
Plannim! Division:
1. Approved Proiect: Approval is granted for a Conditional Use Permit (PLN2004-l88) to
allow late night activities for a restaurant in Downtown Campbell located at 266 E. Campbell
Avenue. The project shall substantially conform to the plans and project description received
by the Planning Division on April 12, 2005, except as may be modified by the conditions of
approval contained herein.
2. Conditional Use Permit Approval Expiration: The Conditional Use Permit approval shall be
valid for one year from the date of final approval. Within this one-year period the use must
be established on the property and the conditions of approval satisfied. Failure to meet this
deadline will result in the Conditional Use Permit being void.
3. Revocation of Permit: Operation ofthe use in violation of the Conditional Use Permit or any
standards, codes, or ordinances of the City of Campbell shall be grounds for consideration of
revocation of the Conditional Use Permit by the Planning Commission.
4. Property Maintenance: The owner/operator of the subject property shall maintain all exterior
areas of the business free from graffiti, trash, rubbish, posters and stickers placed on the
property.
5. Signage: No signage is approved as part of the development application approved herein.
All signage shall be installed and maintained consistent with the provision of the Sign
Ordinance, Chapter 21.30 of the Campbell Municipal Code.
6. Liquor License: The applicant shall obtain a license from the State Department of Alcoholic
Beverage Control prior to the sale of alcoholic beverages.
7. Location of Mechanical Equipment: No roof-mounted mechanical equipment (i.e. air
conditioning units, ventilation ducts or vents), shall be added to the existing building without
providing screening of the mechanical equipment from public view and surrounding
properties. The screening material and method shall be architecturally compatible with the
building and requires review and approval by the Community Development Director and
Building Division prior to installation of such screening.
8. Loitering: There shall be no loitering allowed outside the business in the rear parking lot or
the side parking lot areas.
9. Outdoor Storage: No outdoor storage is permitted on the subject property. No equipment,
materials or business vehicles shall be parked and/or stored outside the building or within the
parking lot.
10. Noise:
Planning Commission Resolution No. 3649
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a. Noise Standard: Any noises, sounds and/or voices, including but not limited to amplified
sounds, loud speakers, sounds from audio sound systems, music, and/or public address
system, generated by the subject use shall not be audible to a person of normal hearing
capacity from any residential property.
b. Noise Management: In the event complaints are received by the City regarding noise, the
Community Development Director may immediately modify the hours of operation
and/or limit the extended hours of operation, subject to the project being brought back to
the Planning Commission for review.
c. Back Door: The back door to the business leading to the rear parking area shall be closed
at all times during business hours.
11. Trash & Clean Up: Trash and clean up shall not be done in the evening or early morning
hours. All trash and clean up shall be done between 8:00 a.m. and 6:00 p.m. daily.
12. Business Operational Hours: The hours of operation shall be restricted to 8:00 a.m. to 11 :00
p.m. Sunday to Wednesday and 8:00 a.m. to 2:00 a.m. Thursday through Saturday. The
closing time shall mean the business is closed and all employees have exited the building.
13. Parking and Drivewavs: All parking and driveway areas shall be maintained in compliance
with the standards in Chapter 21.28 (Parking & Loading) of the Campbell Municipal Code.
Buildine Division:
14. Permits Required: A building permit application shall be required for each proposed new
structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such
work is part of the permit.
15. Plan Preparation: This addition may require 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.
16. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of
construction plans submitted for building permit.
17. Size of Plans: The minimum size of construction plans submitted for building permits shall
be 24 inches by 36 inches.
18. 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.
Planning Commission Resolution No. 3649
PLN2004-60 -266 E. Campbell Avenue-Conditional Use Permit -- Slice
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19. Title 24 Energy Compliance: California Title 24 Energy Compliance forms CF-1R and MF-
lR shall be blue-lined on the construction plans. 8% X 11 calculations shall be submitted as
well.
20. Special Inspections: When a special inspection is required by UB.C. Section 1701, 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 U.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from
the Building Inspection Division Counter.
21. Pollution Prevention: 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.
22. Title 24 Accessibilitv - 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.
23. Title 24 Accessibility - Commercial: Projects seeking to use the Title 24 Hardship
exemption clause shall blue-line completed, City of Campbell "20%" exemption form on
submitted construction plans. Form is available at Building Division service counter.
24. P.G. & E.: The applicant is advised to contact P.G. &E. 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. The applicant should also
consult with P.G. & E. concerning utility easements, distribution pole locations and required
conductor clearances.
25. Approvals Required: The project requires the following agency approval prior to issuance of
the building permit:
a.
b.
West Valley Sanitation District
Santa Clara County Fire Department
Santa Clara County Department of Environmental Health
Bay Area Air Quality Management District (wood burning stove)
c.
d.
PASSED AND ADOPTED this 26th day of April, 2005, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Doorley, Ebner, Francois, Gibbon, Rocha and Roseberry
None
Alderete
None
Planning Commission Resolution No. 3649
PLN2004-60 -266 E. Campbell Avenue-Conditional Use Permit -- Slice
Page 6
APPROVED:
A TTES T: ..J/~ '"WY\ ~vf
Sharon Fierro, Secretary
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