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PC Res 3706 RESOLUTION NO. 3706 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2005-162) TO ALLOW LATE NIGHT ACTIVITIES AND A GENERAL ON-SALE LIQUOR LICENSE IN CONJUNCTION WITH A PROPOSED RESTAURANT (AQUI'S) ON PROPERTY OWNED BY CAMPBELL AVENUE ASSOCIATES, LLC., LOCATED AT 175-201 E. CAMPBELL AVENUE IN THE C-PD (CONDOMINIUM-PLANNED DEVELOPMENT/CENTRAL COMMERCIAL) ZONING DISTRICT. APPLICATION OF MR. DAVID O'MARA, ON BEHALF OF O.M. INC. PLN2005-162. 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 PLN2005-162: 1. The proposed late night activities in conjunction with a restaurant are consistent with the Central Commercial General Plan land use designation. 2. The proposed late night activities for a restaurant will be compatible with the C-PD (Condominium Planned Development) zoning designation with approval of a Conditional Use Permit. 3. The project site consists of a 4,420 square foot restaurant in an approved mixed use building currently under construction on the project site. 4. The project site is located on the north side of East Campbell Avenue, between South Third Street and South Second Street. The property is surrounded by commercial uses on the north, east and west sides, and a parking lot to the south. 5. The proposed project is consistent with other developments and uses in the surrounding area and does not result in an over concentration of these uses in the surrounding area. 6. No exterior modifications to the building are proposed in conjunction with the proposed late night activities and liquor license. 7. The Police Department has not expressed a concern with the proposed project. 8. The hours of operation shall be restricted to 10:00 a.m. to 10:00 p.m. (Monday to Thursday), 10:00 a.m. to 12:00 a.m. (Fridays) and 7:30 a.m. to 10:30 p.m. (Saturday and Sundays). Planning Commission Resolution No. 3706 PLN2005-162 -- 175-201 E. Campbell Avenue -- Use Permit - Aqui Restaurant 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. 2. The proposed use is allowed within the applicable zoning district with Conditional Use Permit approval, and complies with all other applicable provisions of this Zoning Code and the Municipal Code. 3. The establishment will not result in an over concentration of these uses in the surrounding area. 4. The establishment will not create a nuisance due to litter, noise, traffic, vandalism, or other factors. 5. The establishment will not significantly disturb the peace and enjoyment of the nearby residential neighborhood. 6. The establishment will not significantly increase the demand on City services. 7. The proposed site is adequate in terms of size and shape to accommodate the fences and walls, landscaping, parking and loading facilities, yards, and other development features required in order to integrate the use with uses in the surrounding area. 8. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic the use would be expected to generate. 9. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses on-site and in the vicinity of the subject property. 10. The establishment, maintenance, or operation of the proposed use at the location proposed will not be detrimental to the comfort, health, morals. peace, safety, or general welfare of persons residing or working in the neighborhood of the proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. 11. 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. Planning Commission Resolution No. 3706 PLN2005-162 -- 175-201 E. Campbell Avenue -- Use Permit - Aqui Restaurant Page 3 12. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit (PLN2005-162) to allow late night activities and a general on- sale liquor license in conjunction with a proposed restaurant (Aqui's) on property owned by Campbell Avenue Associates, LLC, located at 175-201 E. Campbell Avenue in a C- PD (Condominium-Planned DevelopmenUCentral Commercial) Zoning District, 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 Division 1. Approved Proiect: Approval is granted for a Conditional Use Permit (PLN2004-162) to allow late night activities for a restaurant in Downtown Campbell located at 175- 201 E. Campbell Avenue. The project shall substantially conform to the plans and project description received by the Planning Division on November 10, 2005, except as may be modified by the conditions of approval contained herein. 2. Conditional Use Permit Approval Expiration: The Conditional Use Permit approval shall be valid for two years from the date of final approval. Within this two-year period the use must be established on the property and the conditions of approval satisfied. Failure to meet this deadline will result in the Conditional Use Permit being void. 3. 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. Propertv Maintenance: The owner/operator of the subject property shall maintain all exterior areas of the business free from graffiti, trash, rubbish, posters and stickers placed on the property. Planning Commission Resolution No. 3706 PLN2005-162 -- 175-201 E. Campbell Avenue -- Use Permit - Aqui Restaurant Page 4 5. Siqnaqe: No signage is approved as part of the development application approved herein. All signage shall be installed and maintained consistent with the provision of the C-3 Central Business District Sign Regulations Chapter 21.10.050 (K) of the Campbell Municipal Code. 6. Liquor License: The applicant shall obtain a license for a Type 47 (On-Sale General License for Bona Fide Public Eating Place) from the State Department of Alcoholic Beverage Control prior to the sale of alcoholic beverages. 7. Location of Mechanical Equipment: No roof-mounted mechanical equipment (i.e. air conditioning units, ventilation ducts or vents), shall be added to the existing building without providing screening of the mechanical equipment from public view and surrounding properties. The screening material and method shall be architecturally compatible with the building and requires review and approval by the Community Development Director and Building Division prior to installation of such screening. 8. Outdoor Storaqe: No outdoor storage is permitted on the subject property. No equipment, materials or business vehicles shall be parked and/or stored outside the building or within the parking lot. 9. Outdoor Seatinq Permit: The applicant shall obtain an Outdoor Seating and Display Permit by the Community Development Director section 21.10.060 (H) Campbell Municipal Code. 10. Noise: a. Noise Standard: Any noises, sounds and/or voices, including but not limited to amplified sounds, loud speakers, sounds from audio sound systems, and/or music, generated by the subject use shall not be audible to a person of normal hearing capacity from any residential property. Outdoor music or audio system shall be limited to the hours of 8:00 a.m. to 10:00 p.m. b. Public Address Svstem: An outdoor public address system is not permitted. c. Noise Manaqement: In the event complaints are received by the City regarding noise, the Community Development Director may immediately modify the hours of operation and/or limit the extended hours of operation, subject to the project being brought back to the Planning Commission for review. 11. Trash & Clean Up: Trash and clean up shall not be done in the evening or early morning hours. All trash and clean up shall be done between 8:00 a.m. and 6:00 p.m. daily. 12. Business Operational Hours: The hours of operation shall be restricted to 10:00 a.m. to 10:00 p.m. (Monday to Thursday), 10:00 a.m. to 12:00 a.m. (Fridays) and 7:30 a.m. to 10:30 p.m. (Saturday & Sundays). Planning Commission Resolution No. 3706 PLN2005-162 -- 175-201 E. Campbell Avenue -- Use Permit - Aqui Restaurant Page 5 13. Parkinq and Driveways: All parking and driveway areas shall be maintained in compliance with the standards in Chapter 21.28 (Parking & Loading) of the Campbell Municipal Code. Building Division 14. Permits Required: A building permit application shall be required for each proposed new structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 15. Plan Preparation: This addition may require 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. 16. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 17. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 inches by 36 inches. 18. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. Site plan shall also include site drainage details. 19. Title 24 Enerqy Compliance: California Title 24 Energy Compliance forms CF-1R and MF-1 R shall be blue-lined on the construction plans. 8Y, X 11 calculations shall be submitted as well. 20. 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. 21. 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. 22. 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. Planning Commission Resolution No. 3706 PLN2005-162 -- 175-201 E. Campbell Avenue -- Use Permit - Aqui Restaurant Page 6 23. Title 24 Accessibilitv - 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. 24. P.G.&E.: The applicant is advised to contact P.G.&E. as early as possible in the approval process. Service installations, changes and/or relocations may require substantial scheduling time and can cause significant delays in the approval process. The applicant should also consult with P.G.&E. concerning utility easements, distribution pole locations and required conductor clearances. 25. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. West Valley Sanitation District b. Santa Clara County Fire Department c. Santa Clara County Department of Environmental Health PASSED AND ADOPTED this 24th day of January, 2006, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Alderete, Doorley, Francois, Rocha and Roseberry None Ebner and Gibbons None ~ ~~ APPROVED:" ~ ./ Bob Alderete, Chair ATTEST: 4j~ --r~ , Sharon Fierro, Secretary -------..