PC Res 3708
RESOLUTION NO. 3708
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
(PLN2006-02) TO ALLOW A GENERAL ON-SALE LIQUOR LICENSE
AND LATE NIGHT ACTIVITIES IN CONJUNCTION WITH A
RESTAURANT (LA PIZZERIA) ON PROPERTY OWNED BY MR.
JEFF WYATT LOCATED AT 373 E. CAMPBELL AVENUE IN THE C-
3-S (CENTRAL BUSINESS DISTRICT) ZONING DISTRICT.
APPLICATION OF MR. GIUSEPPE SPANU. FILE NO: PLN2006-02.
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 PLN2006-02:
1. The proposed general on-sale liquor license and late night activities in conjunction
with a restaurant is consistent with the Central Commercial General Plan land use
designation.
2. The proposed general on-sale liquor license and late night activities for a restaurant
will be compatible with the C-3 (Central Business District) zoning designation with
approval of a Conditional Use Permit.
3. The project site consists of a 1,623 square foot restaurant in an existing multi-tenant
commercial building.
4. The project site is located on the north side of East Campbell Avenue, between
Central Avenue and the railroad tracks in Downtown. The property is surrounded by
commercial uses on the north, south, east and west sides.
5. The proposed project is consistent with other developments and uses in the
surrounding area.
6. No exterior modifications to the building are proposed in conjunction with the
proposed late night activities.
7. The Police Department has not expressed a concern with the proposed project.
8. The hours of operation shall be restricted to 8:00 a.m. to 12:00 a.m. Sunday through
Wednesday and 8:00 a.m. to 2:00 a.m. Thursday through Saturday.
9. The project qualifies as a Categorically Exempt project per Section 15301, Class 1
(Existing Facilities) of the California Environmental Quality Act (CEQA).
Planning Commission Resolution No. 3708
PLN2006-02 -- 373 E. Campbell Avenue -- Use Permit - La Pizzeria
Page 2
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 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.
4. 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.
5. 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.
6. 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.
7. The establishment of a general on-sale liquor license will not result in an over
concentration of such uses in the area.
8. The establishment of a general on-sale liquor license will not create a nuisance due
to litter, noise, traffic, vandalism, or other factors.
9. The establishment of a general on-sale liquor license will not significantly disturb the
peace and enjoyment of the nearby residential neighborhood.
10. The establishment of a general on-sale liquor license will not significantly increase
the demand on City services.
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. 3708
PLN2006-02 -- 373 E. Campbell Avenue -- Use Permit - La Pizzeria
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 (PLN2006-02) to allow a general on-sale liquor license and late
night activities in conjunction with a restaurant (La Pizzeria) on property owned by Mr.
Jeff Wyatt located at 373 E. Campbell Avenue in a C-3-S (Central Business District)
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. Aooroved Proiect: Approval is granted for a Conditional Use Permit (PLN2006-02)
to allow a general on-sale liquor license and late night activities for a restaurant (La
Pizzeria) located at 373 E. Campbell Avenue. The project shall substantially
conform to the plans received by the Planning Division on January 10, 2006 and
project description received on January 12, 2006, except as may be modified by the
conditions of approval contained herein. Food service, including full menu selection,
shall be available and provided at all times during business operational hours.
2. 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 and the conditions of approval
satisfied. Failure to meet this deadline will result in the Conditional Use Permit being
void.
3. Revocation of Permit: If operation of the use is in violation of the Conditional Use
Permit or any standards, codes or ordinances of the City of Campbell, 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 for consideration of revocation of the
Conditional Use Permit.
...
Planning Commission Resolution No. 3708
PLN2006-02 -- 373 E. Campbell Avenue -- Use Permit - La Pizzeria
Page 4
4. Business Ooerational Hours: The hours of operation shall be restricted to 8:00 a.m.
to 12:00 a.m. Sunday through Wednesday and 8:00 a.m. to 2:00 a.m. Thursday
through Saturday. The closing time shall mean the business is closed and all
employees have exited the building.
5. Property 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.
6. 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 Sign Ordinance, Chapter 21.30 of the Campbell Municipal Code.
7. 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.
8. Location of Mechanical Equioment: 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.
9. Loiterinq: There shall be no loitering allowed outside the business in the rear
parking lot or the side parking lot areas.
10. 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.
11. Outdoor Seatinq Permit: The applicant shall obtain an Outdoor Seating and Display
Permit by the Community Development Director, per Section 21.10.060(H) of the
Campbell Municipal Code.
12. Noise:
a. 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 the subject use shall not be audible
to a person of normal hearing capacity from any residential property.
b. 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.
Planning Commission Resolution No. 3708
PLN2006-02 -- 373 E. Campbell Avenue -- Use Permit - La Pizzeria
Page 5
c. Back Door: The back door to the business leading to the rear parking area shall
be closed at all times during business hours.
13. Trash & Clean Uo: 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.
14. Parkinq and Drivewavs: All parking and driveway areas shall be maintained in
compliance with the standards in Chapter 21.28 (Parking & Loading) of the
Campbell Municipal Code.
PASSED AND ADOPTED this 28th day of February, 2006, by the following roll call vote:
AYES:
Commissioners:
Alderete, Doorley, Ebner, Francois, Gibbons, Rocha
and Roseberry
None
None
None
APPROVED: R ~ ~ C"------
Bob Alderete, Chair
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
ATTEST:
aron Fierro, Secretary