PC Res 3807
RESOLUTION NO. 3807
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
(PLN2007-39) TO ALLOW ON-SALE BEER AND WINE SALES IN
CONJUNCTION WITH AN EXISTING RESTAURANT (RICO'S
TACOS) ON PROPERTY OWNED BY MR. LEO W. PURSLEY
LOCATED AT 2523-A S. WINCHESTER BOULEVARD IN A P-D
(PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF
MR. ROMAN BANDY, SR., ON BEHALF OF RICO'S TACOS. FILE
NO: PLN2007-39.
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 PLN2007-39.
1. The proposed on-sale beer and wine sales in conjunction with a restaurant is
consistent with the Central Commercial General Plan land use designation.
2. The proposed on-sale beer and wine sales in conjunction with 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 1,200 square foot restaurant (Rico's Tacos) in an
existing multi-tenant commercial building.
4. The existing 777 parking spaces will adequately address the parking needs of the
subject site and proposed use.
5. The project site is located on the southwest corner of Winchester Boulevard and
Budd Avenue and is surrounded by commercial uses and single-family residences to
the north, commercial auto repair uses and multiple family residences to the south,
multiple family residences to the west and a church and commercial uses to the
east.
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 beer and wine sales.
8. The business hours shall be restricted to 10:00 a.m. to 9:00 p.m., Monday through
Sunday.
Planning Commission Resolution No. 3807
PLN2007-39 - 2523-A. S. Winchester Boulevard - Use Permit - Rico's Tacos
Page 2
9. The hours of operation shall be restricted to 9:00 a.m. to 10:00 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 establishment of beer and wine sales will not result in an over concentration of
such uses in the area.
6. The establishment of beer and wine sales, as conditioned, will not create a nuisance
due to litter, noise, traffic, vandalism, or other factors.
7. The establishment of beer and wine sales, as conditioned, will not significantly
disturb the peace and enjoyment of the nearby residential neighborhood.
8. The establishment of beer and wine sales will not significantly increase the demand
on City services.
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.
Planning Commission Resolution No. 3807
PLN2007-39 - 2523-A. S. Winchester Boulevard - Use Permit - Rico's Tacos
Page 3
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.
THEREFORE, BE IT RESOLVED that the Planning Commission approves a
Conditional Use Permit (PLN2007-39) to allow on-sale beer and wine sales in
conjunction with an existing restaurant (Rico's Tacos) on property owned by Mr. Leo W.
Pursley located at 2523-A S. Winchester Boulevard 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. Aooroved Proiect: Approval is granted for a Conditional Use Permit (PLN2007-39)
to allow on-sale beer and wine sales in conjunction with an existing restaurant use
(Rico's Tacos) located at 2523A S. Winchester Boulevard. The project shall
substantially conform to the project plans and project description received by the
Planning Division on March 14, 2007, except as may be modified by the conditions
of approval contained herein.
2. Conditional Use Permit Aoproval 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 10:00 a.m. to 9:00
p.m., Monday through Sunday. The closing time shall mean the business is closed.
Planning Commission Resolution No. 3807
PLN2007-39 - 2523-A. S. Winchester Boulevard - Use Permit - Rico's Tacos
Page 4
5. Operational Hours: The hours of operation shall be restricted to 9:00 a.m. to 10:00
p.m., Monday through Sunday. The closing time shall mean the business is closed
and all employees have exited the building.
6. Restaurant Seatina: The maximum number of seats for the restaurant shall be
limited to the existing 44 seats. No additional seats are proposed.
7. 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.
8. 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.
9. 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.
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 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. 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. 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. Public address systems of all
types are strictly prohibited.
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. 3807
PLN2007-39 - 2523-A. S. Winchester Boulevard - Use Permit - Rico's Tacos
Page 5
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.
15. 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.
16. 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. A total of 12 parking spaces will be provided.
PASSED AND ADOPTED this 8th day of May, 2007, by the following roll call vote:
AYES:
Commissioners:
Alderete, Doorley, Ebner, Francois, Gibbons and
Rocha
None
Roseberry
None
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
APPROVED:
ATTEST:
ting Secretary