Loading...
PC Res 3854 RESOLUTION NO. 3854 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL GRANTING A CONDITIONAL USE PERMIT (PLN2007-161) TO ALLOW AN ON-SALE GENERAL LIQUOR LICENSE IN CONJUNCTION WITH A NEW RESTAURANT (CHIPOTLE) ON PROPERTY OWNED BY PINN BROTHERS/MAPLE GROVE INVESTORS, INC., LOCATED AT 1815 S. BASCOM AVENUE IN A C-PD (CONDOMINIUM PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MS. ELIZABETH VALERIO, ON BEHALF OF CHIPOTLE RESTAURANT. FILE NO.: PLN2007- 161. 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 PLN2007-161. 1. The proposed general on-sale liquor license in conjunction with a restaurant is consistent with the Commercial/Professional Office/Residential General Plan land use designation. 2. The proposed general on-sale liquor license in conjunction with a restaurant will be compatible with the C-P-D (Condominium Planned Development) zoning designation with approval of a Conditional Use Permit. 3. The project site consists of a new restaurant (Chipotle Mexican Grill) in a new 2,514 square foot tenant space. 4. The establishment will not result in an over-concentration of such uses in the area. 5. The existing operating hours do not exceed the operating hours of the surrounding tenants in the center. 6. The existing 23 designated retail parking spaces will adequately address the parking needs of the subject site and the existing use. The restaurant is proposed for a new tenant space currently under construction and no expansion is proposed and therefore no increase in the amount of parking is required. 7. The project site is located on the southwest corner of Campisi Way and South Bascom Avenue. The property is surrounded by mixed commercial uses to the north and east, multi-family residences to the south, and an office building to the west. 8. The proposed project is consistent with other developments and uses in the surrounding area. 9. No substantial exterior modifications to the building are proposed in conjunction with the proposed general on-sale liquor license. Planning Commission Resolution No. 3854 PLN2007-161 - 1815 S. Basom Avenue Use Permit - On-Sale General Liquor License - Chipotle Restaurant Page 2 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 a general on-sale liquor license will not result in an over concentration of such uses in the area. 6. The establishment of a general on-sale liquor license, as conditioned, will not create a nuisance due to litter, noise, traffic, vandalism, or other factors. 7. The establishment of a general on-sale liquor license, as conditioned, will not significantly disturb the peace and enjoyment of the nearby residential neighborhood. 8. The establishment of a general on-sale liquor license 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. 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. 3854 PLN2007-161 - 1815 S. Basom Avenue Use Permit - On-Sale General Liquor License - Chipotle Restaurant 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 grants a Conditional Use Permit (PLN2007-161) to allow a general on-sale liquor license in conjunction with an new restaurant (Chipotle Restaurant) on property owned by Pinn Brothers/Maple Grove Investors, Inc., located at 1815 S. Bascom Avenue in a C-PD (Condominium 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 (PLN2007-161) to allow a general on-sale liquor license in conjunction with a new restaurant (Chipotle Mexican Grill) located at 1815 S. Bascom Avenue. The project shall substantially conform to the project plans and project description received by the Planning Division on October 22, 2007, 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. Restaurant Seatina: The maximum number of seats for the restaurant shall be limited to 39 indoor seats and 12 outdoor seats. 5. Business Hours: The hours of operation shall be restricted to 11 :00 a.m. to 10:00 p.m. daily. The closing time shall mean the business is closed to customers. Planning Commission Resolution No. 3854 PLN2007-161 - 1815 S. Basom Avenue Use Permit - On-Sale General Liquor License - Chipotle Restaurant Page 4 6. 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. 7. Sic:maae: 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. 8. 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. 9. Live Entertainment: No live entertainment is approved as part of the development application approved herein, including live music, disc jockey, karaoke, and dancing. 10. Liauor 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. 11. Food Service: Food service shall be available at all times alcoholic beverages are served. 12. Loiterino: 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. 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 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. Side and Rear Doors: The front, side and rear doors to the business shall not remain in an open position during business hours. 14. 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 8:00 a.m. and 11 :00 p.m. daily. Planning Commission Resolution No. 3854 PLN2007-161 - 1815 S. Basom Avenue Use Permit - On-Sale General Liquor License - Chipotle Restaurant Page 5 15. 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 24 parking spaces will be provided for the restaurant use. PASSED AND ADOPTED this 27th day of November, 2007, by the following roll call vote: AYES: Commissioners: Alderete, Doorley, Ebner, Gairaud, Gibbons and Roseberry None Rocha None NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: APPROVED: Bob Roseberry, Acti Chair ATTEST: