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PC Res 3787 RESOLUTION NO. 3787 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2006-174) TO ALLOW AN ON-SALE BEER AND WINE LICENSE IN CONJUNCTION WITH A NEW JAPANESE RESTAURANT LOCATED IN AN EXISTING COMMERCIAL/RETAIL BUILDING ON PROPERTY OWNED BY TWO-FORTY ASSOCIATES LOCATED AT 330 E. HAMILTON AVENUE, UNIT 7, IN A C-2-S (GENERAL COMMERCIAL) ZONING DISTRICT. APPLICATION OF KUN AK KIM AND IN OK KIM. FILE NO: PLN2006-174. 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 PLN2006-174. 1. The proposed beer and wine sales in conjunction with a cafe is consistent with the General Commercial General Plan land use designation. 2. The proposed beer and wine for a restaurant will be compatible with the C-2 (General Commercial) zoning designation with approval of a Conditional Use Permit. 3. The project site consists of a 2,006 square foot Japanese restaurant in an existing multi-tenant commercial building. 4. The project site is located on the south side of East Hamilton Avenue, between Central Avenue and North Third Street. The property is surrounded by restaurant and commercial uses to the north, condominiums to the south and offices to the east and west. 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 beer and wine sales. 7. The Police Department has not expressed a concern with the proposed project. 8. The hours of operation shall be restricted to 11 :30 a.m. to 12:30 p.m. and 5:00 p.m. to 10:00 p.m. Sunday 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. 3787 PLN2006-174 - 330 E. Hamilton Avenue, Unit 7-Use Permit - On Sale Beer & Wine 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 beer and wine sales will not result in an over concentration of such uses in the area. 8. The establishment of beer and wine sales, as conditioned, will not create a nuisance due to litter, noise, traffic, vandalism, or other factors. 9. The establishment of beer and wine sales, as conditioned, will not significantly disturb the peace and enjoyment of the nearby residential neighborhood. 10. The establishment of beer and wine sales 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. 12. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. Planning Commission Resolution No. 3787 PLN2006-174 - 330 E. Hamilton Avenue, Unit 7-Use Permit - On Sale Beer & Wine Page 3 THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit (PLN2006-174) to allow an on-sale beer and wine license with a new Japanese restaurant located in an existing commercial/retail building on property owned by Two-Forty Associates located at 330 E. Hamilton Avenue, Unit 7, in a C-2-S (General Commercial) Zoning District. 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 (PLN2006-174) to allow a beer and wine sales in conjunction with a new restaurant use (Sato Japanese Cuisine) located at 330 E. Hamilton Avenue, #7. The project shall substantially conform to the project plans and project description received by the Planning Division on November 22, 2006, 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 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. Six-Month Review: The Planning Commission shall conduct a review of the Conditional Use Permit upon the completion of six months of operation from the date of the Planning Commission's approval. Additionally, the Planning Commission may review the Conditional Use Permit based upon verified complaints filed with the Community Development Director. 4. 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. 5. Impact on Existina Parkina in Relation to Future Restaurant Uses on Site: With this use, there will be three restaurant uses (Starbucks, Subway and Sato Japanese Planning Commission Resolution No. 3787 PLN2006-174 - 330 E. Hamilton Avenue, Unit 7-Use Permit - On Sale Beer & Wine Page 4 Cuisine). Any additional restaurant uses on this subject property (APN 279-35-031 - 330 E. Hamilton Avenue, Units 1-7) shall require Planning Commission approval to evaluate parking availability and impacts. 6. Business Operational Hours: The hours of operation (open to the public) shall be restricted to 11 :30 a.m. to 2:30 p.m. and 5:00 p.m. to 10:00 p.m. Sunday through Saturday. All exterior business activities that generate noise shall be restricted to the hours of 8 a.m. and 10 p.m. 7. Restaurant Seatina: The maximum number of seats for the restaurant shall be limited to 60 seats. 8. 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. 9. Sianaae: 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. 10. Live Entertainment: No live entertainment is approved as part of the development application approved herein, including live music, disc jockey, karaoke, and dancing. 11. Beer and Wine License: The applicant shall obtain a license for a Type 41 (On-Sale Beer and Wine License for Bona Fide Public Eating Place) from the State Department of Alcoholic Beverage Control prior to the sale of alcoholic beverages. 12. Loiterina: There shall be no loitering allowed outside the business in the rear parking lot or the side parking lot areas. The business owner is responsible for monitoring the premises to prevent loitering. 13. Outdoor Storaae: 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. 14. Outdoor Seatina: No outdoor seating is approved as part of the development application. 15. Outdoor Cookina: No outdoor cooking, including portable barbeques, is permitted on the subject property. 16. 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 Planning Commission Resolution No. 3787 PLN2006-174 - 330 E. Hamilton Avenue, Unit 7-Use Permit - On Sale Beer & Wine Page 5 hearing capacity from any residential property. Public address systems of all types are strictly prohibited. b. Noise Manaaement: 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. c. Front and Side Door: The front and side door to the business shall not remain in an open position during business hours. 17. Trash & Clean Up: All trash, normal clean up, carpet cleaning, etc. shall not be done in the late evening or early morning hours. All clean up shall be done between 6:00 a.m. and 11 :00 p.m. daily. 18. Parkina 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. PASSED AND ADOPTED this 12th day of December, 2006, by the following roll call vote: AYES: Commissioners: Alderete, Doorley, Ebner, Francois, Gibbons, Rocha and Roseberry None None None APPROVED:UC~ Bob Alderete, Chair NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: ATTEST: LY~ / Sharon Fierro, Secretary