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PC Res 3457RESOLUTION NO. 3457 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2002-90) TO ALLOW LIVE ENTERTAINMENT WITHIN AN EXISTING RESTAURANT/BREWERY ON PROPERTY OWNED BY CAMPBELL VENTURES LOCATED AT 200 E. CAMPBELL AVENUE IN THE C-3-S (CENTRAL BUSINESS DISTRICT) ZONING DISTRICT. APPLICATION OF MR. BOB STODDARD, ON BEHALF OF STODDARD'S BREWHOUSE & EATERY. FII.E NO. PLN2002-90. 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 PLN2002-90: The proposed live entertainment within an existing restaurant/brewery is consistent with the Central Commercial General Plan land use designation and the C-3-S (Central Business District) Zoning District with approval of a Conditional Use Permit. The proposed live entertainment within Stoddard's Brewhouse & Eatery is consistent with the guidelines of the Downtown Neighborhood Development Plan in that it supports a restaurant use in the downtown. 3. The proposed project is compatible with the surrounding commercial and residential uses within the neighborhood. The hours of operation for the live entertainment are limited to 9:00 p.m. to 1:30 a.m. Thursday through Saturday and on special occasions that may fall on other days (i.e. national holidays, downtown festivals). Special engagement dates shall not exceed 10 occasions in any calendar year. The existing 60 parking spaces (with valet service) and available on-street parking spaces within one block of the subject property will adequately address the parking needs of the proposed use. o The surrounding uses consist of a parking garage to the north, single-family residential uses to the south along Orchard City Drive and a commercial office building to the west and to the east. The proposed live entertainment within an existing restaurant/brewery is compatible with the surrounding development and uses. 7. The Police Department has no objections to the proposed project. 8. The Redevelopment Agency has no objections to the proposed project. Planning Commission Resolution No. 3457 PLN2002-90 - 200 E. Campbell Avenue Use Permit- Live Entertainment - Stoddard's Brewhouse & Eatery Page 2 9. 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 use is 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 use would generate. 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 Conditional Use Permit (PLN2002-90) to allow live entertainment within an existing restaurant/brewery (Stoddard's Brewhouse & Eatery) on property owned by Campbell Ventures located at 200 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. Planning Commission Resolution No. 3457 PLN2002-90 - 200 E. Campbell Avenue Use Permit- Live Entertainment - Stoddard's Brewhouse & Eatery Page 3 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division Approved Project: Approval is granted for a Conditional Use Permit (PLN2002-90) to allow live entertainment within an existing restaurant/brewery at 200 E. Campbell Avenue. The project shall substantially conform to the project exhibits listed below, except as may be modified by the Conditions of Approval contained herein. a. Project plans prepared by Bruno Marcelic, A.I.A. and received by the Planning Division on August 9, 2002, including a site plan and floor plans. b. Project description dated August 8, 2002. 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 establish such use within one year from the date of final approval 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. 4. Noise: 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 uses from the restaurant/brewery and live entertainment shall not be audible to a person of normal heating 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 the live entertainment, may immediately modify the hours of operation and/or prohibit the live entertainment, subject to the project being brought back to the Planning Commission for review. ° Hours of Operation: The operational hours for the live entertainment shall be limited to 9:00 p.m. to 1:30 a.m. Thursday through Saturday and on special occasions that may fall on other days (i.e. holidays, downtown festivals). Special engagement dates shall not exceed 10 occasions in any calendar year. Planning Commission Resolution No. 3457 PLN2002-90 - 200 E. Campbell Avenue Use Permit- Live Entertainment - Stoddard's Brewhouse & Eatery Page 4 Building Division o Permits Required: A building permit application shall be required for the proposed modification to the existing commercial structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 7. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 8. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 inches by 36 inches. o 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. 10. 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. 11. 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. 12. Non-Point Source Pollution Control: 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 inches by 36 inches) is available at the Building Division service counter. 13. 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. 14. Approvals Required: The project requires the following agency approvals prior to issuance of the building permit: a. Santa Clara County Fire Department b. Santa Clara County Department of Environmental Health Planning Commission Resolution No. 3457 PLN2002-90 - 200 E. Campbell Avenue Use Permit- Live Entertainment - Stoddard's Brewhouse & Eatery Page 5 Police Department 15. Live Entertainment Permit: The applicant shall process 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 on site. PASSED AND ADOPTED this 24th day of September, 2002, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Alderete, Francois, Gibbons, Hernandez, Jones and Rocha None Doorley None APPROV~~~ ATI'EST: Sharon Fierro, Secretary