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PC Res 3862 RESOLUTION NO. 3862 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL GRANTING A CONDITIONAL USE PERMIT (PLN2007-183) TO ALLOW A GENERAL ON-SALE LIQUOR LICENSE AND LATE NIGHT ACTIVITY IN CONJUNCTION WITH AN EXISTING RESTAURANT (CAFE CAMPBELL) ON PROPERTY OWNED BY MS. KAREN BLANCATO LOCATED AT 360 E. CAMPBELL AVENUE IN THE C-3-S (CENTRAL COMMERCIAL) ZONING DISTRICT. FILE NO.: PLN2007-183. 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 PLN2007-183. 1. The proposed a general on-sale liquor license and late night activity in conjunction with an existing restaurant is consistent with the General Commercial General Plan land use designation. 2. The proposed a general on-sale liquor license and late night activity for a restaurant will be compatible with the C-3-S (Central Commercial) Zoning District with approval of a Conditional Use Permit. 3. The project site consists of a 1,508 square foot European cafe-restaurant in an existing commercial building. 4. The proposed project generates a parking demand of 11 parking spaces. Pursuant to the Parking Standards specifically regulated within the C-3 (Central Commercial) Zoning District, retail uses and standard restaurants may occupy an existing building and shall not be required to provide additional parking unless the building is expanded. As there are no site specific parking areas associated with the subject parcel, sufficient parking exists on-street and within shared parking areas. 5. The project site is located on the south side of East Campbell Avenue, on the southwest corner of Central Avenue and East Campbell Avenue. The property is surrounded by commercial uses on all sides. 6. The proposed project is consistent with other developments and uses in the surrounding area. 7. No substantial exterior modifications to the building are proposed in conjunction with the proposed general on-sale liquor license and late night activity. 8. The business hours shall be restricted to 6:00 a.m. to 11 :00 p.m. Monday through Sunday. Planning Commission Resolution No. 3862 PLN2007-183 - 360 E. Campbell Avenue - Use Permit - Cafe Campbell Page 2 9. The hours of operation shall be restricted to 5:00 a.m. to 12:00 a.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. The establishment of a general on-sale liquor license will not result in an over concentration of such uses in the area. 8. The establishment of a general on-sale liquor license will not create a nuisance due to litter, noise, traffic, vandalism, or other factors. 9. The establishment of a general on-sale liquor license will not significantly disturb the peace and enjoyment of the nearby residential neighborhood. 10. The establishment of a general on-sale liquor license will not significantly increase the demand on City services. Planning Commission Resolution No. 3862 PLN2007-183 - 360 E. Campbell Avenue - Use Permit - Cafe Campbell 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. 13. 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. 14. 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 granting a Conditional Use Permit (PLN2007-183) to allow a general on-sale liquor license and late night activity in conjunction with an existing restaurant (Cafe Campbell) on property owned by Ms. Karen Blancato located at 360 E. Campbell Avenue in the C-3-S (Central 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. Declaration of Acceptance of All Conditions: Within thirty (30) days of Planning Commission approval, the applicant shall sign the final, approved set of Conditions of Approval. Until said Conditions are signed, the proposed Use Permit shall not be valid for any permits sought from the City. 2. Approved Proiect: Approval is granted for a Conditional Use Permit (PLN2007-183) to allow a general on-sale liquor license and late night activity in conjunction with an existing restaurant use (Cafe Campbell) located at 360 E. Campbell Avenue. The project shall substantially conform to the project plans and project description received by the Planning Division on December 3, 2007, except as may be modified by the conditions of approval contained herein. be modified by the conditions of approval contained herein. * Planning Commission Resolution No. 3862 PLN2007-183 - 360 E. Campbell Avenue - Use Permit - Cafe Campbell Page 4 * Planning sign off is required to prior to Building Permit final. Construction not in substantial compliance with the approved project plans shall not be approved without prior authorization of the necessary approving body. 3. 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. 4. 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. 5. Business Hours: The hours of operation shall be restricted to 6:00 a.m. to 11 :00 p.m. Monday through Sunday. Business hours are the hours the business is open to the public. 6. Operational Hours: The hours of operation shall be restricted to 5:00 a.m. to 12:00 a.m. Monday through Sunday. The allowed hours of operation include the time employees may be on site for preparation and clean up. At no time shall employees, other than the business owner during an emergency, arrive before 5:00 a.m. or remain on site after 12:00 a.m. 7. Restaurant Seatino: The maximum number of seats for the restaurant shall be limited to 44 seats. No increase in number of indoor seats in the restaurant or the addition of a separate bar area is allowed. 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. Sionaoe: 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 required at all times alcoholic beverages are served. Planning Commission Resolution No. 3862 PLN2007-183 - 360 E. Campbell Avenue - Use Permit - Cafe Campbell Page 5 13. Loiterina: There shall be no loitering allowed outside the business. 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 Seatino: No outdoor seating is approved as part of this development application. 17. Outdoor Cookino: No outdoor cooking, including portable barbeques, is permitted on the subject property. 18. 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 and side doors to the business shall not remain in an open position during business hours. 19. Trash & Clean Up: All trash, normal clean up, carpet cleaning, etc. shall not be done in the late evening or early morning hours. All trash removal shall be done between 6:00 a.m. and 11 :00 p.m. daily. 20. 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. Planning Commission Resolution No. 3862 PLN2007-183 - 360 E. Campbell Avenue - Use Permit - Cafe Campbell Page 6 PASSED AND ADOPTED this 8th day of January, 2008, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Alderete, Gairaud, Gibbons, Rocha and Roseberry None Doorley and Ebner None APPROVED: ~ b Bob Roseberry, C r ATTEST: