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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. Planning Commission Resolution No. 3794 PLN2006-176 -- 76 E. Campbell Avenue - Use Permit - On Sale General Liquor Sales Page 2 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 Page 3 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. Planning Commission Resolution No. 3794 PLN2006-176 -- 76 E. Campbell Avenue - Use Permit - On Sale General Liquor Sales Page 4 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 PLN2006-176 -- 76 E. Campbell Avenue - Use Permit - On Sale General Liquor Sales Page 5 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, Planning Commission Resolution No. 3794 PLN2006-176 -- 76 E. Campbell Avenue - Use Permit - On Sale General Liquor Sales Page 6 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. Planning Commission Resolution No. 3794 PLN2006-.176 -- 76 E. Campbell Avenue - Use Permit - On Sale General Liquor Sales Page 7 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 Planning Commission Resolution No. 3794 PLN2006-176 -- 76 E. Campbell Avenue - Use Permit - On Sale General Liquor Sales Page 8 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