PC Res 2781RESOLUTION NO. 2781
BEING A RESOLUTION OF ~ PLANNING COMMISSION OF
THE CITY OF CAMPBELL RECOMMENDING THAT THE CITY
COUNCIL RATIFY PLANNING COMMISSION APPROVAL OF
THE DOWNTOWN DEVELOPMENT PERMIT, AND A USE
PERMIT TO ALLOW THE ESTABLISHMENT OF A RESTAURANT
WITH AN OUTSIDE SEATING AREA AND A BEER AND WINE
LICENSE, ON PROPERTY LOCATED AT 33 SOUTH CENTRAL
AVENUE, IN A C-3-S (CENTRAL BUSINESS) ZONING DISTRICT;
APPLICATION OF MR. ROBERT FITCH , FILE NOS. DDP 91-03,
AND UP 91-19.
After notification and Public Hearing as specified by law on the application of
Mr. Robert Fitch approving a Downtown Development Permit and a Use
Permit to allow the establishment of a restaurant with an outside seating area,
and a beer and wine license, on property located at 33 South Central Avenue, in
a C-3- S (Central Business) Zoning District, as per the application filed in the
Planning Department on August 16, 1991; and, after presentation by the
Planning 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 File No. DDP 91-03, and UP 91-19:
The proposed restaurant use is consistent with the objectives of the C-3-S
Zoning District and is a permitted use subject to a Conditional Use Permit
approval.
The architectural modifications and the proposed outside seating area will
enhance the appearance of this use.
Existing uses are required to meet current parking standards when there is
a increase in intensity which requires more parking than is currently
provided unless the City Council, upon recommendation from the
Planning Commission, finds that the existing parking will adequately
meet the demands generated by the increase in intensity, and will not be
detrimental to the overall parking and circulation in the area. The
proposed use is an increase in intensity requiring an additional 14 parking
spaces.
This permit contains conditions that ensure that the requested increase in
intensity will not unduly deprive other properties of their fair share of
parking, and requires the building owner to join a future parking district,
should one be established.
Resolution No. 2782
Adopted by the Planning Commission on
January 14, 1992
page 2
o
The conditions of approval mitigate the potential parking problem.
Therefore, the establishment, maintenance, and operation of the proposed
use would not be detrimental to the health, safety, peace, morals, comfort or
general welfare of the persons residing or working in the neighborhood of
such use, or detrimental or injurious to property and improvements in the
neighborhood or the general welfare of the City.
Based upon the foregoing findings of fact, the Planning Commission concludes
that:
The establishment, maintenance, and operation of the proposed use would
not be detrimental to the health, safety, peace, morals, comfort or general
welfare of the persons residing or working in the neighborhood of such use,
or detrimental or injurious to property and improvements
in the neighborhood of such use, or detrimental or injurious to property
and improvements in the neighborhood or the general welfare of the City.
The proposed site is adequate in size and shape to accommodate the yards,
wail, fences, parking and loading facilities, landscaping and other
development features required in order to integrate said use with uses in
the surrounding area.
3. The proposed site is adequately served by streets of sufficient capadty to
carry the kind and quantity of traffic use would generate.
4. The proposed use is compatible with the uses in the surrounding area.
Based upon the above findings, the Planning Commission recommends that
the City Council approve of the application, subject to the following Conditions
of Approval:
SITE AND BUILDING DESIGN
1. Revised Plans and Elevations: Revised elevations indicating full brick
veneer on building as well as 4' screen wall to be submitted to the Planning
Department and approved by the Planning Director upon recommendation
of the Architectural Advisor prior to application for a building permit. The
awnings shall utilize a fade resistent material subject to approval of the
Planning Director. (Planning)
2. Approved Project: This approval is for a restaurant located on a 7,278
e
Resolution No. 2782
Adopted by the Planning Commission on
January 14, 1992
page 3
square foot site identified as Assessor's Parcel Number 412-07-032.
Development shall be substantially as shown on the project materials listed
below, except as may be modified by conditions contained herein:
(Planning)
a. Project. drawings for Mr. Tomovic prepared by Richard Haro consisting
of 4 sheets received 1/3/92.
b. Color board on-file in the Planning Department.
Restaurant use and hours shall substantially conform to "Description of
Request" prepared by applicant.
d. Restaurant hours to be limited to 6 a.m. to 10 p.m. (7 days a week).
Customers shall not be admitted after 10 p.m., however, customers
admitted prior to 10 p.m. may remain until dosing.
e. Use Permit approval allows an on sale beer and wine license in
conjunction with a food service operation at this location only. Off-sale
liquor sales and on site general liquor sales is not permitted pursuant to
the Alcohol Beverage Control (ABC) licensing.
Seatin_e and Occupancy: The interior "concession counters" shall be
designed to dispense food products. They shall not be used or designed to
encourage stand up consumption of food and beverage at the counter areas.
No stools or other seating is permitted in these areas. Seating is strictly
limited to 100 interior seats and 24 outside seats.
LANDSCAPING
4. Landscaping: Landscaping plan indicating type and size of plant material,
and located irrigation system to be submitted to the Planning Department
and approved by the Site and Architectural Review Committee prior to
issuance of a building permit. Landscape plans to address landscaping along
Central Avenue frontage and the outside seating area located on the
parking district parcel. (Planning)
STREET/SITE IMPROVEMENT~
5. Signs: Sign application to be submitted in accordance with provisions of
the Sign Ordinance for all signs. No sign to be installed until application is
approved and permit issued by Planning and Building Departments
(Section 21.53 of the Campbell Municipal Code). (Planning)
Resolution No. 2782
Adopted by the Planning Commission on
January 14, 1992
page 4
PROPERTY MANAGEMENT/UTILITIES
6. Garbage Collection: Ordinance No. 782 of the Campbell Municipal Code
stipulates that any contract for the collection and disposal of refuse, garbage,
wet garbage and rubbish produced within the limits of the City of Campbell
shall be made with Green Valley Disposal Company. This requirement
applies to all single-family dwellings, multiple family dwollings, and all
commerdal, business, industrial, manufacturing, and construction
establishments. (Fire)
e
Trash Containers: Trash container(s) of a size and quality necessary to serve
the development shall be located in area(s) approved by the Fire
Department. Unless otherwise noted, enclosure(s) shall consist of a concrete
floor surrounded by a solid wall or fence and have self-closing doors of a
size specified by the Fire Department. All enclosures to be constructed at
grade level and have a level area adjacent to the trash enclosure area to
service these containers. (Fire)
PARKING
8. Employee Parkinl~: The applicant shall require that employees park in the
parking district parking structure located on First Street except where
otherwise required to reasonably accommodate handicapped individuals.
(Planning)
9. Parking Agreement: Applicant shall enter an agreement providing that in
the event that a parking district is formed or that the existing parking district
is expanded within 20 years from the date of project approval, that would
benefit this property, that the tenant and/or owner shall, at that time, either:
a. Partidpate in said parking district or expansion to the extent of 14
parking spaces; or
b. Revert the use of the restaurant to 68 seats.
Said agreement shall be in a form acceptable to the City Attorney and shall
be executed prior to issuance of building permits.
PUBLIC SAFETY/WELFARE
10. Handicapped Requirements: Applicant shall comply with all appropriate
State and City requirements for the handicapped. (Building)
11. Equipment Screening: All mechanical equipment on roofs and all utility
meters to be screened for approval by the Planning Director. (Planning)
Resolution No. 2782
Adopted by the Planning Commission on
January 14, 1992
page 5
12. Performance Bond: Applicant to either (1) post a faithful performance bond
in the amount of $4,000 to ensure landscaping and fencing; or (2) file a
written agreement to complete landscaping, fendng and striping of parking
areas. Bond or agreement to be filed prior to application for a building
permit. (Planning)
PUBLIC WORKS DEPARTMENT
13. Prior to obtaining the building permits, applicant must provide evidence
that the tenant has completed a licensing agreement for use of the parking
district property to the satisfaction of the City Attorney and Public Works
Director.
14. Reimburse City for all outstanding debts regarding previous maintenance of
the area.
15. Provide three sets of grading and drainage plans for review by the City
Engineer, induding relationships to adjacent properties.
16. Prepare plans, pay fees, post deposits and sureties as required to obtain an
encroachment permit for ail work in the parking district and public
properties, including the trash enclosure, and irrigation and landscaping.
17. Relocate the trash enclosure to a location approved by the Public Works
Director and Planning Director. Provide revised plans showing design and
location, both subject to City approval. The trash enclosure shall be
completed and operational prior to release of final occupancy for the use.
BUILDING DEPARTMENT
18. Verify existing use and construction of proposed second floor area.
Engineering calculations required. UBC 302(d).
19. Second story railings shall conform to UBC 1711.
20. Maximum occupant load of building is 264 (A3 occupancy) UBC Table 5A.
Division A3 occupancy above the first story is required to be minimum of
one hour (1-hr) fire resistive construction. UBC 602(b).
FIRE DEPARTMENT
21. The following exiting concerns shall be reviewed with the Fire Department
to insure compliance with CCR, Title 19 and Title 24 for a Group A, Division
3 occupancy:
Resolution No. 2782
Adopted by the Planning Commission on
January 14, 1992
page 6
a. Exiting from the second floor.
b. Exiting from the building and through the patio area.
c~ Fire rated corridor and lobby.
d. Maintaining proper aisles.
e. Exit signs and illumination.
f. Panic hardware.
Further, the applicant is notified as part of this application that he is required to
comply with all applicable Codes and Ordinance of the City of Campbell and the
State of California which pertain to this development and are not herein
specified.
PASSED AND ADOPTED this, by the following roll call vote:
AYES:
NOES:
ABSENT:
Commissioners:
Commissioners:
Commissioners:
Perrine, Dougherty, Meyer-Kennedy, Higgins,
Wilkinson, Alne, Fox,
None
None
APPROVED:
David Fox
Chairperson
ATTEST:
Steve Piasecki
Secretary