PC Res 3488RESOLUTION NO. 3488
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
(PLN2003-06) TO ALLOW ON-SALE GENERAL LIQUOR SALES
AND OUTDOOR SEATING IN CONJUNCTION WITH A
RESTAURANT ON PROPERTY OWNED BY INDEPENDENT ORDER
OF ODD FELLOWS, MORNING LIGHT LODGE NO. 42, LOCATED
AT 276 E. CAMPBELL AVENUE IN THE C-3-S (CENTRAL
BUSINESS DISTRICT) ZONING DISTRICT. APPLICATION OF MR.
KEN SMITH, ON BEHALF OF ANDY'S BBQ. FILE NO. PLN2003-06.
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 PLN2003-06:
The proposed outdoor seating area and on-site general liquor sales is consistent with the
Central Commercial land use designation of the General Plan and the C-3-S (Central
Business District) Zoning District.
2. The proposed project is compatible with the Downtown Development Plan.
3. The project site consists of a 14,840 square foot lot, developed with 5,350 square feet of
building area, 348 square feet of landscaping, and 9,142 square feet of paving.
4. The existing 23 parking spaces will adequately address the parking needs of the subject site
and proposed uses.
5. The proposed project is consistent with other developments in the surrounding area and is
consistent with the development standards for commercial uses.
6. The establishment of on-sale general alcohol sales will not result in an over concentration of
such uses in the area.
7. The establishment of on-sale general alcohol sales will not create a nuisance due to noise,
litter, vandalism, traffic or other factors.
8. The establishment of on-sale general alcohol sales will not significantly disturb the peace and
enjoyment of any nearby residential neighborhoods.
9. The establishment of on-sale general alcohol sales will not significantly increase the demand
on city services.
10. The Police Department has not expressed a concern with the proposed project.
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PLN2003-06 - 276 E. Campbell Avenue -- Conditional Use Permit - Andy's BBQ
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11. Business hours shall be restricted to 6 a.m. to 11 p.m. daily.
12. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 (Existing
Facilities) of the California Environmental Quality Act (CEQA).
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The proposed project is consistent with the General Plan and Zoning Ordinance.
The establishment, maintenance, or operation of the use will not be detrimental to the public
health, safety, peace, morals, comfort or general welfare of persons residing or working in
the neighborhood of such proposed use, or be detrimental or injurious to property and
improvements in the neighborhood or to the general welfare of the City.
3. The proposed commercial uses are compatible with the uses in the area.
The subject site is adequate in size and shape to accommodate the yards, walls, fences,
parking and loading facilities, landscaping and other development features required in order
to integrate said use with uses in the surrounding area.
5. The subject site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic such uses would generate.
6. The proposed project will aid in the enhancement and the harmonious development of the
immediate area.
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 grants a Conditional
Use Permit (PLN2003-06) to allow on-sale general liquor sales and outdoor seating in
conjunction with a restaurant on property owned by Independent Order of Odd Fellows, Morning
Light Lodge No. 42, located at 276 E. Campbell Avenue, 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
Planning Commission Resolution No. 3488
PLN2003-06 - 276 E. Campbell Avenue -- Conditional Use Permit - Andy's BBQ
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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 (PLN2003-06) to allow
on-sale general liquor sales and outdoor seating in conjunction with a restaurant on property
located at 276 E. Campbell Avenue. Project approval shall substantially comply with project
plans and color/material board received by the Planning Division on March 28, 2003, except
as may be modified by the conditions of approval herein.
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.
o
Revocation of Permit: Operation of the 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.
Building Elevations, Details and Colors: The applicant shall submit detailed building
elevations depicting architectural details and exterior materials and colors. The elevations
shall be reviewed and approved by the Community Development Director prior to the
issuance of a building permit.
5. Liquor License: The applicant shall obtain a license from the State Department of Alcoholic
Beverage Control prior to the sale of alcoholic beverages.
o
Mechanical Equipment: No new roof-mounted and/or ground level mechanical equipment
shall be located on or adjacent to the building without providing screening of the mechanical
equipment from public view. The applicant shall submit details regarding the location and
screening material for the mechanical equipment to the Planning Division for review and
approval by the Community Development Director prior to the issuance of a building permit
for such equipment.
Landscape and Irrigation Plans: The applicant shall submit four (4) sets of landscape and
irrigation plan that shall include the addition of a decorative landscape treatment for the
comer landscape planter. Landscape and irrigation plans shall be consistent with the City's
Water Efficient Landscaping Standards (WELS). The plans shall be submitted to the
Planning Division for review and approval by the Community Development Director prior to
the issuance of a building permit.
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8. Landscaping Maintenance: The owner/operator of the property shall provide on-going
maintenance of the required landscaping for the project.
o
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. Smoker: The new smoker to be installed inside the building shall be filtered to minimize the
amount of smoke emitted from the exhaust hood, to the satisfaction of the Community
Development Director, and shall comply with all standards and regulations of the Bay Area
Air Quality Management District (BAAQMD).
11. Trash and Recycling Enclosure: The applicant shall submit details regarding the design and
location of a trash and recycling enclosure to the Planning Division for review and approval
by the Community Development Director prior to the issuance of building permits for the
project. All refuse and recycling containers shall be located in an enclosure constructed and
consisting of a concrete floor at least six inches in depth, surrounded by a six-foot high
masonry wall and having a solid metal gate. The design of the enclosure shall be compatible
with the building. Driveways or aisles shall provide unobstructed access for collection
vehicles and personnel and provide at least the minimum clearance required by the collection
methods and vehicles utilized by the designated collector. The wall, gate and surface inside
the enclosure must be kept in sound repair and condition. The refuse and recycling containers
shall be kept in the enclosure at all times except when being emptied by collection personnel.
12. Noise:
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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 restaurant (including the outdoor seating area) shall not be
audible to a person of normal hearing capacity from any residential property.
bo
Noise Management: In the event complaints are received by the City regarding noise, the
Community Development Director, upon confirmation that the noises are generated by
uses from the theater (including the outdoor seating area), the Community Development
Director may immediately modify the hours of operation, subject to the project being
brought back to the Planning Commission for review.
c. Exterior Speakers: No audio sound system, music, public address system, and/or speakers
are allowed on the exterior of the building.
13. Operational Hours: The operational hours shall be limited to 6 a.m. to 11 p.m. daily, unless a
Conditional Use Permit is obtained from the Planning Commission for late night operations.
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PLN2003-06 - 276 E. Campbell Avenue -- Conditional Use Permit - Andy's BBQ
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14. Sign Permit: No signage is permitted as part of the development application approved herein.
New signage shall not be installed prior to approval of a sign permit as required by Chapter
21.53 and Chapter 21.26 of the Campbell Municipal Code.
15. Parking and Driveways:
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All parking and driveway areas shall be developed in compliance with the approved plans
and Chapter 21.50 (Parking and Loading) of the Campbell Municipal Code, subject to
review by the Community Development Director.
b. All parking areas shall be regularly swept and cleaned to remove litter and debris from
the parking areas and driveways.
c. The applicant shall indicate on the building plans that all compact parking stalls are
painted to identify them as compact spaces prior to the issuance of a building permit.
d. All parking located on the subject property shall be used solely for the business located
on site and shall not be leased or rented to any off-site businesses/uses.
16. On-Site Lighting: Any proposed on-site lighting shall be shielded away from adjacent
properties and directed on site. The design and type of lighting fixtures and lighting intensity
of any exterior lighting shall be reviewed and approved by the Community Development
Director, prior to issuance of a building permit. Lighting fixtures shall be of a decorative
design to be compatible with the development and shall incorporate energy saving features.
Building Division:
17. Permits Required: A building permit application shall be required for the proposed tenant
improvements to the existing structure. The building permit shall include Electrical/
Plumbing/Mechanical fees when such work is part of the permit.
18. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of
construction plans submitted for building permit.
19. Size of Plans: The size of construction plans submitted for building permits shall be 24 in. X
36 in.
20. 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.
21. Site Plan: Application for building permit shall include a competent site plan that identifies
property lines 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.
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22. 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.
23. Special Inspections: When a special inspection is required by U.B.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.
24. 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 in. X 36 in.) is available at the Building Division service counter.
25. 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.
26. 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.
27. Address: The applicant shall obtain a new address for the tenant space prior to the issuance
of building permits.
28. 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.
29. Approvals Required: The project requires the following agency approval prior to issuance of
the building permit:
a. West Valley Sanitation District
b. Santa Clara County Fire Department
c. Bay Area Air Quality Management District
d. Santa Clara County Department of Environmental Health
PUBLIC WORKS DEPARTMENT
30. Preliminary Title Report: Prior to issuance of any grading or building permits for the site,
the applicant shall provide a current Preliminary Title Report.
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31. Street Improvements: Prior to issuance of any grading or building permits for the site, the
applicant shall execute a street improvement agreement, cause plans for public street
improvements to be prepared by a registered civil engineer, 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 fee for a non-utility encroachment permit application is currently $260.00. The plans
shall include the following:
a. Removal of existing driveway approaches, curb, gutter and sidewalk.
b. Installation of ADA compliant driveway approach, curb, gutter and sidewalk on North
First Street frontage.
c. Installation of curb, gutter and sidewalk on East Campbell Avenue frontage.
d. Construction of conforms to existing public and private improvements, as necessary.
32. Utilities: All new on-site utilities shall be installed underground per Section 20.36.150 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.
33. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer
cleanout(s) shall be installed on private property behind the public right-of-way line.
34. 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. Streets, which have been resurfaced within
the previous five years, will require boring and jacking for all new utility installations.
Applicant shall also prepare pavement restoration plans for approval by the City Engineer
prior to any utility installation or abandonment.
35. Drainage System: Prior to occupancy clearance, the applicant shall refurbish, remodel and
reconstruct the on-site drainage system, as necessary, to demonstrate that the facilities are
functioning normally in accordance with the requirements of the City.
36. Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building
permits, the applicant shall comply with the National Pollution Discharge Elimination
System (NPDES) permitting requirements, the California Storm Water Best Management
Practices Handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley
Water District requirements, and the City of Campbell Municipal Code regarding storm
water pollution prevention. The City will provide the applicant with information to assist in
complying with this condition of approval. The primary objective is to improve the quality
and reduce the quantity of storm water runoff to the Bay.
37. Vacation of Public Street and Easements: Prior to issuance of any grading or building permits
for the site, the applicant shall submit for City approval: a vacation of excess right-of-way
Planning Commission Resolution No. 3488
PLN2003-06 - 276 E. Campbell Avenue -- Conditional Use Permit - Andy's BBQ
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application, processing fee, legal description and plat for area to be vacated and proof of
ownership. The current application processing fee is $635.00.
PASSED AND ADOPTED this 13th day of May, 2003, by the following roll call vote:
AYES: Commissioners: Alderete, Doofley, Francois, Gibbons, Hernandez, Jones
and Rocha
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
APPROVE 'D~jo seCH~m a~de~Ch ai~
ATTEST:f Sharon Fierro, Sec~--~/t~'~ t'nr~retar'"'~/y T-