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
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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