PC Res 3853
RESOLUTION NO. 3853
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL GRANTING A CONDITIONAL USE PERMIT
(PLN2007-147) TO ALLOW A GENERAL ON-SALE LIQUOR
LICENSE IN CONJUNCTION WITH AN EXISTING RESTAURANT
(HAWG'S SEAFOOD BAR) ON PROPERTY OWNED BY KIRKORIAN
FAMILY PARTNERSHIP LOCATED AT 1700 W. CAMPBELL
AVENUE IN A C-1-S (NEIGHBORHOOD COMMERCIAL) ZONING
DISTRICT. APPLICATION OF MR, STEVE HARDIN, ON BEHALF OF
HAWG'S SEAFOOD BAR. FILE NO.: PLN2007-147.
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 PLN2007-147.
1. The proposed general on-sale liquor license in conjunction with a restaurant is
consistent with the Neighborhood Commercial General Plan land use designation.
2. The proposed general on-sale liquor license in conjunction with a restaurant will be
compatible with the C-1 (Neighborhood Commercial) zoning designation with approval
of a Conditional Use Permit.
3. The project site consists of an existing restaurant (Hawg's Seafood Bar) in an existing
1,550 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 681 parking spaces will adequately address the parking needs of the
subject site and the existing use. The restaurant is an existing use with no expansion
proposed and therefore no increase in the amount of parking is required.
7. The project site is located on the south side of West Campbell Avenue, between Fulton
Street and South San Tomas Aquino Road in the Kirkwood Plaza Shopping Center.
The property is surrounded by commercial land uses to the north, east and west and
multi-family residential uses to the south.
8. The proposed project is consistent with other developments and uses in the
surrounding area.
9. No exterior modifications to the building are proposed in conjunction with the proposed
general on-sale liquor license.
Planning Commission Resolution No. 3853
PLN2007-147 - 1700 W. Campbell Avenue
Use Permit - On-Sale General Liquor License - Hawg's Seafood Bar
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. 3853
PLN2007-147 - 1700 W. Campbell Avenue
Use Permit - On-Sale General Liquor License - Hawg's Seafood Bar
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 (PLN2007-147) to allow a general on-sale liquor license in conjunction with an
existing restaurant (Hawg's Seafood Bar) on property owned by Kirkorian Family
Partnership located at 1700 W. Campbell Avenue in a C-1-S (Neighborhood
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 (PLN2007-147) to
allow a general on-sale liquor license in conjunction with a restaurant (Hawg's Seafood
Bar) located at 1700 W. Campbell Avenue. The project shall substantially conform to
the project plans and project description received by the Planning Division on
September 19, 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 Seatinq: The maximum number of seats for the restaurant shall be limited
to 70 seats.
5. 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.
Planning Commission Resolution No. 3853
PLN2007-147 - 1700 W. Campbell Avenue
Use Permit - On-Sale General Liquor License - Hawg's Seafood Bar
Page 4
6. 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.
7. 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.
8. Live Entertainment: No live entertainment is approved as part of the development
application approved herein, including live music, disc jockey, karaoke, and dancing.
9. 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.
10. Food Service: Food service shall be available at all times alcoholic beverages are
served.
11. Loiterinq: 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.
12. 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.
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.
13. 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.
14. Parkina 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.
Planning Commission Resolution No. 3853
PLN2007-147 - 1700 W. Campbell Avenue
Use Permit - On-Sale General Liquor License - Hawg's Seafood Bar
Page 5
PASSED AND ADOPTED this 13th day of November, 2007, by the following roll call vote:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Alderete, Doorley, Ebner, Gairaud, Gibbons, Rocha and
Roseberry
None
None
None
/,
APPROVED: l7H~
.
Michael Rocha, Chair
AYES:
Commissioners:
ATTEST:
J