PC Res 3491RESOLUTION NO. 3491
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A MODIFICATION (PLN2003-31)
TO A PREVIOUSLY-APPROVED CONDITIONAL USE PERMIT (UP
95-18) TO ALLOW ON-SALE BEER AND WINE, LATE NIGHT
OPERATIONAL HOURS AND LIVE ENTERTAINMENT WITHIN AN
EXISTING COFFEE SHOP (BARDA'S COFFEE & CAFI~) ON
PROPERTY OWNED BY KIRKORIAN DEVELOPMENT LOCATED
AT 1820 W. CAMPBELL AVENUE IN A C-1-S (NEIGHBORHOOD
COMMERCIAL) ZONING DISTRICT. APPLICATION OF MR. FRANK
BARDASCINO. FILE NO. PLN2003-31.
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 PLN2003-31:
1. The proposed on-site sale of beer and wine, late night operational hours and live
entertainment within an existing coffee shop and caf6 are consistent with the Neighborhood
Commercial land use designation of the General Plan and the C-1-S (Neighborhood
Commercial) zoning designation for the site.
The proposed on-site sale of beer and wine, late night hours of operation to 12 a.m. (7 days
per week) and live entertainment, in the form of solo artists and two to three piece bands are
incidental to the primary function of the site as a coffee shop and caf&
o
The existing shared parking facilities of the shopping center will adequately address the
parking needs of the subject site given that no additional seating will be added to the coffee
shop and caf6 in conjunction with the addition of the on-site sale of beer and wine, late night
hours of operation past 11 p.m. and live entertainment uses.
The proposed on-site sale of beer and wine, late night operational hours and live
entertainment, subject to the conditions of approval, is compatible with the adjacent land uses
and the surrounding neighborhood.
5. The establishment of on-site sale of beer and wine service will not result in an over
concentration of such uses in the area.
6. The establishment will not create a nuisance due to noise, litter, vandalism, traffic or other
factors.
7. The establishment of a beer and wine license will not significantly disturb the peace and
enjoyment of any nearby residential neighborhoods.
Planning Commission Resolution No. 3491
PLN2003-31 - 1820 W. Campbell Avenue-Modification to Conditional Use Permit
Page 2
8. The coffee shop and caf6 with beer and wine service will not significantly increase the
demand on City services.
o
All findings and conditions of approval under the previously approved Use Permit (UP 95-
18) for the existing coffee shop and caf6 are included as part of the approval for the
Modification, unless herein modified, and shall remain in effect.
10. The project qualifies as a Categorically Exempt project per Section 15301, Class l(a)
(Existing Facilities) of the California Environmental Quality Act (CEQA).
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
o
o
The establishment of on-site sale of beer and wine, late night operational hours and live
entertainment in conjunction with an existing coffee shop and caf6 will aid in the
enhancement and the harmonious development of the immediate area. 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.
The proposed site is adequate in size and shape to accommodate the proposed use and the
applicant has indicated that appropriate supervision will be provided to conduct the business
in a complementary manner.
The proposed site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic such uses would generate.
The proposed establishment, as conditioned, is compatible with the adjacent land uses and
the surrounding neighborhood.
There is a reasonable relationship between the use of the fees imposed upon the project and
the type of development project.
o
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.
7. 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
Modification (PLN2003-31) of a previously-approved Conditional Use Permit (UP 95-18) to
allow on-site sale of beer and wine, late night operational hours and live entertainment within an existing
Planning Commission Resolution No. 3491
PLN2003-31 - 1820 W. Campbell Avenue-Modification to Conditional Use Permit
Page 3
coffee shop (Barda's Coffee & Caf6) on property owned by Kirkorian Development located at 1820 W.
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
Ordinances of the City of Campbell and the State of California that pertain to this development
and are not herein specified.
COMMUNITY DEVELOPMENT DEPARTMENT
o
o
Approved Project: Approval is granted for a Modification (PLN2003-31) to a previously-
approved Use Permit (UP 95-18) to allow on-site sale of beer and wine, late night operational
hours and live entertainment within an existing coffee shop and caf6 on property located at
1820 W. Campbell Avenue. Approval shall substantially conform to the project exhibits
listed below, except as may be modified by the Conditions of Approval contained herein.
A. Plot plan illustrating the location of the 1,725 square foot tenant space.
B. Floor plans depicting the tenant space.
C. Applicant's project description.
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 conditions of approval satisfied. Failure to establish such use within one year
from the date of final approval or to satisfy the conditions of approval will result in the
Conditional Use Permit being void.
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.
Liquor license: Applicant shall file and complete processing of the beer and wine license
through the State of California Department of Alcoholic Beverage Control prior to the sale of
any beverages.
Hours of Operation: The hours of operation shall be restricted to:
6:00 a.m. to 12:00 a.m. daily
Previous Conditions of Approval: All previous conditions of approval shall remain in effect
as stipulated in Planning Commission Resolution No. 3003 and 3004 for approval of the Use
Permit (UP 95-18), except as herein modified by the conditions of approval for the
Modification.
Planning Commission Resolution No. 3491
PLN2003-31 - 1820 W. Campbell Avenue-Modification to Conditional Use Permit
Page 4
Noise:
A. Noise Standard: Any noises, sounds and/or voices, including but not limited to amplified
sounds, loud speakers, sounds from microphones, audio sound systems, music and/or
public address system, generated by uses from the coffee shop and cafe shall not be
audible to a person of normal hearing acuity 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 coffee shop and caf6, may limit the operational hours of the uses for the
coffee shop and caf6 and/or may require a Noise Management Plan to be submitted by
the applicant consisting of an acoustical study by a qualified acoustical engineer for
recommendations to attenuate the noise. The Noise Management Plan shall require
implementation of the mitigation measures as determined in the acoustical study to
comply with the noise conditions as herein included in these Conditions of Approval.
Actions by the Community Development Director may be appealed to the Planning
Commission, but the reduced hours for the coffee shop and caf6 shall be effective
immediately upon notification by the Community Development Director.
C. Exterior Speakers: No audio sound system, music, public address system, and/or speakers
is allowed under the Conditional Use Permit.
D. Exterior Doors: All exterior doors shall be kept closed and unlocked during the live
entertainment.
POLICE DEPARTMENT
8.
Live Entertainment Permit: The applicant shall obtain a live entertainment permit with the
Police Department consistent with section 5.24.010 of the Campbell Municipal Code prior to
the establishment of live entertainment.
PASSED AND ADOPTED this 13th day of May, 2003, by the following roll call vote:
AYES: Commissioners: Alderete, Doorley, Francois, Gibbons, Hemandez, Jones
and Rocha
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: ~
Commissioners: None
/~ APPROVED:
ATTEST: ~t~~ J°selSh Hernand~r
Sharon Fierro, Secretary