PC Res 3794
RESOLUTION NO. 3794
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
(PLN2006-176) TO ALLOW GENERAL ON SALE LIQUOR SALES IN
CONJUNCTION WITH A NEW ITALIAN RESTAURANT ON
PROPERTY OWNED BY FOURTH CAMPBELL COURNER LP
LOCATED AT 76 E. CAMPBELL AVENUE, IN A P-D (PLANNED
DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MS.
ELIZABETH BENETOLLO. FILE NO: PLN2006-176.
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 PLN2006-176.
1. The proposed a general on-sale liquor license in conjunction with a restaurant is
consistent with the General Commercial General Plan land use designation.
2. The proposed a general on-sale liquor license for a restaurant will be compatible
with the P-D (Planned Development) zoning designation with approval of a
Conditional Use Permit.
3. The project site consists of a 2,958 square foot Italian restaurant in an existing multi-
tenant commercial building.
4. The proposed project generates a parking demand of 11 parking spaces and the
applicant has identified 12 parking spaces on the site plan. The change in use from
retail to a new restaurant (32 seats) will not intensify the site or parking demand from
the previous retail use and does not require additional parking per Chapter
21.28.040 which states when the use of a structure changes to a use that requires
the same number of parking spaces than the previous use, the number of required
parking spaces for the new use shall be the same as the requirement for the
previous use, regardless of the number of spaces actually provided by the previous
use.
5. The project site is located on the south side of East Campbell Avenue, on the
southeast corner of South Fourth Street and East Campbell Avenue. The property is
surrounded by commercial uses on the north, east and west sides, and a parking
and lot residential uses to the south.
6. The proposed project is consistent with other developments and uses in the
surrounding area.
7. No exterior modifications to the building are proposed in conjunction with the
proposed general on-sale liquor license.
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PLN2006-176 -- 76 E. Campbell Avenue - Use Permit - On Sale General Liquor Sales
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8. The business hours shall be restricted to 11 :00 a.m. to 3:00 p.m. and 7:00 p.m. to
10:00 p.m. Sunday through Thursday, to 11 :00 p.m. on Friday and Saturday.
9. The hours of operation shall be restricted to 10:00 a.m. to 4:00 p.m. and 6:00 p.m. to
11 :00 p.m. Monday through Sunday.
10. 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 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. 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.
8. There is a reasonable relationship and a rough proportionality between the
conditions of approval and the impacts of the project.
Planning Commission Resolution No. 3794
PLN2006-176 -- 76 E. Campbell Avenue - Use Permit - On Sale General Liquor Sales
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THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional
Use Permit (PLN2006-176) to allow general on-sale liquor sales in conjunction with a
new Italian restaurant on property owned by Fourth Campbell Corner LP located at 76 E.
Campbell Avenue in a P-D (Planned Development) 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 (PLN2006-176)
to allow a general on-sale liquor license in conjunction with a new restaurant use
(Tigelleria) located at 76 E. Campbell Avenue. The project shall substantially
conform to the project plans and project description received by the Planning Division
on December 4, 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. 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. Business Hours: The hours of operation shall be restricted to 11 :00 a.m. to 3:00 p.m.
and 7:00 p.m. to 10:00 p.m. Sunday through Thursday, to 11 :00 p.m. on Friday and
Saturday. The closing time shall mean the business is closed and all employees have
exited the building.
5. Operational Hours: The hours of operation shall be restricted to 10:00 a.m. to 4:00
p.m. and 6:00 p.m. to 11 :00 p.m. Monday through Sunday. The closing time shall
mean the business is closed and all employees have exited the building.
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6. Restaurant Seatina: The maximum number of seats for the restaurant shall be limited
to 32 seats. No increase in number of seats in the restaurant or increase in square
footage of the bar area is allowed.
7. Office: The proposed 350 sq. ft. office shall be ancillary to the restaurant and shall
only be used for the purposes of an office in relation to the restaurant use.
8. 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.
9. 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.
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. 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.
12. Food Service: Food service shall be available at all times alcoholic beverages are
served.
13. 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.
14. 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.
15. Outdoor Storaoe: 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.
16. Outdoor Cookina: No outdoor cooking, including portable barbeques, is permitted on
the subject property.
17. 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,
Planning Commission Resolution No. 3794
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generated by the subject use shall not be audible to a person of normal hearing
capacity from any residential property. Public address systems of all types are
strictly prohibited.
b. Noise Manaoement: 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, Side and Rear Doors: The front, side and rear doors to the business shall
not remain in an open position during business hours.
18. 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 10:00
a.m. and 11 :00 p.m. daily.
19. Parkino 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. A total of 12 parking spaces will be provided.
Building Division:
20. Permits Required: A building permit application shall be required for the proposed
change in use in an existing commercial structure. The building permit shall include
Electrical/Plumbing/Mechanical fees when such work is part of the permit.
21. Construction Plans: The conditions of approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
22. Size of Plans: The size of construction plans submitted for building permits shall be
24 inches by 36 inches.
23. 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.
24. Site Plan: Application for building permit shall include a competent site plan that
identifies property and proposed structures with dimensions and elevations as
appropriate. The site plan shall also include site drainage details, site address, and
parcel numbers. Site parking and path of travel to public sidewalks shall be detailed.
25. Title 24 Enerav 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.
26. 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,
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in accordance with U.B.C Section 106.3.5. Please obtain City of Campbell, Special
Inspection forms from the Building Inspection Division Counter.
27. Non-Point Source: 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.
28. Title 24 Accessibilitv - 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.
29. 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.
30. Approvals Reauired: The project requires the following agency approval prior to
issuance of the building permit:
a. Santa Clara County Fire Department
Public Works Department:
31. Proof of Ownership: Prior to issuance of any grading, drainage, or building permits for
the site, the applicant shall provide a current Preliminary Title Report, grant deed, or
other satisfactory proof of ownership.
32. Rioht-of-Wav for Public Street Purposes: Prior to issuance of any grading or building
permits for the site, the applicant shall fully complete the process to cause additional
right-of-way to be granted in fee for public street purposes along the E. Campbell
Avenue and S. Fourth Street frontages to accommodate a ADA compliant curb ramp
at the southeast corner of E. Campbell Avenue and S. Fourth Street. The applicant
shall submit the necessary documents for approval by the City Engineer, process the
submittal with City staff's comments and fully complete the right-of-way process. The
applicant shall cause all documents to be prepared by a registered civil engineer/land
surveyor, as necessary, for the City's review and recordation.
33. Street Improvements: Prior to issuance of any grading or building permits for the site,
the applicant shall execute a street improvement agreement, cause plans for public
street improvements to be prepared by a registered civil engineer, pay various fees
and deposits, post security and provide insurance necessary to obtain an
encroachment permit for construction of the standard public street improvements, as
required by the City Engineer. The plans shall include the following:
a. Show location of all existing utilities within the existing public right of way.
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b. Remoyal of existing driveway approach, curb ramp (at southeast corner of E.
Campbell Ave. and S. Fourth St.), damaged sidewalk, steel plates in sidewalk,
curb and gutter.
c. Installation of City approved street trees and tree wells as required by City
Engineer.
d. Installation of City standard curb, gutter, sidewalk, ADA compliant curb ramp and
ADA compliant driveway approach.
e. Construction of conforms to existing public and private improvements, as
necessary.
34. Additional Street Improvements: Should any new utility main lines or other work
required to service the development affect any public improvements, the City may add
conditions to the development/project, at the discretion of the City Engineer, to restore
pavement or other public improvements to the satisfaction of the City.
35. Occupancy: Prior to allowing occupancy for any and/or all buildings, the applicant
shall have the required street improvements installed and accepted by the City, and
the design engineer shall submit as-built drawings to the City.
36. Maintenance of Landscapino: Owner(s), current and future, are required to maintain
the landscaped park strip and tree wells in the public right of way. This includes, but is
not limited to: trees, lawn, plantings, irrigation, etc. Trees shall not be pruned in a
manner that would not allow the tree to grow to a mature height.
37. Private Improvements Aareement: Prior to issuance of any grading or building
permits for the site, the owner shall execute an "Agreement for Private Improvements
in the Public Right of Way". This agreement would be required to allow the existing
utility facilities located in the public right of way along the frontage of this property, and
any other non-City standard improvements, to remain.
38. Utility Encroachment Permit: Separate permits for the installation of utilities to serve
the development will be required (including water, sewer, gas, electric, etc.).
Applicant shall apply for and pay all necessary fees for utility permits for sanitary
sewer, gas, water, electric and all other utility work.
39. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and
sewer cleanout(s) shall be relocated or installed on private property behind the public
right-of-way line.
40. Utilities: All on-site utilities shall be installed underground per Section 21.18.140 of
the Campbell Municipal Code for any new or remodeled buildings or additions.
Applicant shall comply with all plan submittals, permitting, and fee requirements of the
serving utility companies.
41. Utility Coordination Plan: Prior to issuance of building permits for the site, the
applicant shall submit a utility coordination plan and schedule for approval by the City
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PLN2006-176 -- 76 E. Campbell Avenue - Use Permit - On Sale General Liquor Sales
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Engineer for installation and/or abandonment of all utilities. The plan shall clearly
show the location and size of all existing utilities and the associated main lines;
indicate which utilities and services are to remain; which utilities and services are to
be abandoned, and where new utilities and services will be installed. Joint trenches
for new utilities shall be used whenever possible.
42. Pavement Restoration: Based on the utility coordination plan, the applicant shall
prepare a pavement restoration plan for approval by the City Engineer prior to any
utility installation or abandonment. Streets that have been reconstructed or overlaid
within the previous five years will require boring and jacking for all new utility
installations. Campbell Avenue and S. Fourth St. have not been reconstructed or
overlaid in the last 5 years. The pavement restoration plan shall indicate how the
street pavement shall be restored following the installation or abandonment of all
utilities necessary for the project.
43. Storm Drain Area Fee: Prior to issuance of any grading or building permits for the
site, the applicant shall pay the required Storm Drain Area fee, currently set at
$2,650.00 per net acre, which is $503.50.
44. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or
building permits, the applicant shall comply with the National Pollution Discharge
Elimination System (NPDES) permit requirements, Santa Clara Valley Water District
requirements, and the Campbell Municipal Code regarding stormwater pollution
prevention. The primary objectives are to improve the quality and reduce the quantity
of stormwater ru noff to the bay.
Resources to achieve these objectives include Stormwater Best Management
Practices Handbook for New Development and Redevelopment ("CA BMP
Handbook") by the California Stormwater Quality Association (CASQA), 2003; Start
at the Source: A Design Guidance Manual for Stormwater Quality Protection ("Start
at the Source") by the Bay Area Stormwater Management Agencies Association
(BASMAA), 1999; and Using Site Design Techniques to Meet Development
Standards for Stormwater Quality: A Companion Document to Start at the Source
("Using Site Design Techniques") by BASMAA, 2003.
45. Plan Lines: Prior to issuance of any grading or building permits for the site, the
applicant shall provide a plan layout showing the correct distance from the street
centerline to the property line, dimensions of sidewalk and other relevant information
in the public right of way.
Planning Commission Resolution No. 3794
PLN2006-176 - 76 E. Campbell Avenue - Use Permit - On-Sale General Liquor Sales
Page 9
PASSED AND ADOPTED this 13th day of February, 2007, by the following roll call vote:
AYES:
Commissioners:
Alderete, Ebner, Francois, Gibbons, Rocha and
Roseberry
None
Doorley
None
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
APPROVED:
'I ,A
(UM
ATTEST: ~~ y~
./
Sharon Fierro, Secretary