PC Res 3420RESOLUTION NO. 3420
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE
PERMIT (PLN2002-07) TO ALLOW ON-SALE BEER AND WINE
SALES AND OUTDOOR SEATING IN CONJUNCTION WITH THE
THAI ORCHID RESTARUANT ON PROPERTY OWNED BY MR.
MICHAEL COBLER LOCATED AT 866 E. CAMPBELL AVENUE
IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. FILE
NO. PLN2002-07.
After notification and public hearing, as specified by law, and after presentation by the
Community Development Director, proponents and opponents, the heating was closed.
After due consideration of all evidence presented, the Planning Commission did find as follows
with respect to application PLN2002-07:
1. The proposed on-sale beer and wine sales and outdoor seating is consistent with the General
Commercial land use designation of the General Plan and the P-D (Planned Development)
Zoning District with approval of a Conditional Use Permit.
2. The existing 28 parking spaces will adequately address the parking needs of the subject site
and proposed uses.
3. The proposed outdoor seating area is well designed and is architecturally compatible with the
existing building.
4. The proposed on-sale beer and wine sales is incidental to the primary function of the
restaurant and is consistent with the Campbell Municipal Code.
5. The proposed on-sale beer and wine sales and outdoor seating, as conditioned, is compatible
with the adjacent land uses and the surrounding neighborhood.
6. Business hours shall be restricted to 6 a.m. to 11 p.m. daily.
7. The Police Department has not expressed a concern with the proposed use.
8. The establishment of on-sale beer and wine sales will not result in an over concentration of
such uses in the area.
9. The establishment of on-sale beer and wine sales will not create a nuisance due to noise,
litter, vandalism, traffic, or other factors.
10. The establishment of on-sale beer and wine sales will not significantly disturb the peace and
enjoyment of any nearby residential neighborhoods.
Planning Commission Resolution No. 3420
PLN2002-07 - 866 E. Campbell Avenue
Conditional Use Permit - On-sale beer and wine sales and outdoor seating
Page 2
11. The establishment of on-sale beer and wine sales will not significantly increase the demand
on city services.
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
The establishment of on-sale beer and wine sales and outdoor seating in conjunction with an
existing restaurant 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.
o
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 uses with uses in the surrounding area.
3. The proposed site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic such uses would generate.
4. The proposed establishment, as conditioned, is compatible with the adjacent land uses and
the surrounding neighborhood.
5. 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 (PLN2002-07) to allow on-sale beer and wine sales and outdoor seating in
conjunction with the Thai Orchid Restaurant on property owned by Mr. Michael Cobler located
at 866 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
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 Commission Resolution No. 3420
PLN2002-07 - 866 E. Campbell Avenue
Conditional Use Permit - On-sale beer and wine sales and outdoor seating
Page 3
Planning Division
Approved Project: Approval is granted for a Conditional Use Permit (PLN2002-07) to allow
on-sale beer and wine sales and outdoor seating in conjunction with the existing Thai Orchid
restaurant on property located at 866 East Campbell Avenue. Project approval shall
substantially comply with project plans dated March 4, 2002, 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. Failure to meet this deadline 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.
Hours of Operation: 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.
o
Signs: 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
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.
Parking Lot Re-Striping: The applicant shall re-stripe the parking lot in compliance with the
approved Site Plan and the requirements of Chapter 21.50 of the Campbell Municipal Code,
within 30 days of final approval. All compact parking stalls shall be painted to identify them
as compact spaces.
o
Handicapped Parking Space: The applicant shall provide a second handicapped parking
space in the parking lot within 30 days of final approval. The handicapped space shall be
developed in conformance with the requirements of the California Building Code.
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.
Planning Commission Resolution No. 3420
PLN2002-07 - 866 E. Campbell Avenue
Conditional Use Permit - On-sale beer and wine sales and outdoor seating
Page 4
Building Division
10. Permits Required: A building permit application shall be required for the proposed
remodeling work proposed for the structure. The building permit shall include
Electrical/Plumbing/Mechanical fees when such work is part of the permit. The scope of
work under this permit shall be limited to all work not currently covered under building
permit: BLD2002-00032.
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. × 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. 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.
15. 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.
16. 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.
17. 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.
18. 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.
19. Approvals Required: The project requires the following agency approval prior to issuance of
the building permit:
a. Santa Clara County Fire Department
Planning Commission Resolution No. 3420
PLN2002-07 - 866 E. Campbell Avenue
Conditional Use Permit - On-sale beer and wine sales and outdoor seating
Page 5
b. Santa Clara County Department of Environmental Health
PASSED AND ADOPTED this 9th day of April, 2002, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Alderete, Doorley, Francois, Gibbons, Hernandez, Jones
and Leonard
None
None
N one ~~~~ ~,~%
APPROV
lom francois, t~nalr
ATTEST:
SharOn Fierro, Secretary