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PC Res 3223RESOLUTION NO. 3223 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (UP 99-01) TO ALLOW AN ON-SALE GENERAL LIQUOR LICENSE, LIVE ENTERTAINMENT AND OPERATIONAL HOURS TO 12 A.M. IN CONJUNCTION WITH A RESTAURANT (RED SQUARE RESTAURANT) ON PROPERTY LOCATED AT 1740 S. WINCHESTER BOULEVARD IN A C-2-S (GENERAL COMMERCIAL) ZONING DISTRICT. APPLICATION OF EFIM BRISKER. FILE NO. UP 99-01. 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 UP 99-01: The proposed restaurant establishment with general on sale liquor sales, live entertainment and operational hours after 11 p.m. is a permitted with a Use Permit in the C-2-S zoning district. 2. The proposed restaurant is use which is consistent with the commercial land use designation of the General Plan and the C-2-S (General Commercial) zoning designation for the site. 3. The proposed on-sale general liquor service, live entertainment permit and late night hours of operation past 11 p.m. are incidental to the primary function of the site as a restaurant. The proposed on-sale general liquor service, live entertainment permit and late night hours of operation in conjunction with the restaurant are consistent with the commercial land use of the General Plan and the C-2-S zoning designation for the site and other restaurant uses in the neighborhood. o The on-sale general liquor service, live entertainment permit, and late night hours of operation, subject to the conditions of approval, are compatible with the adjacent land uses and the surrounding neighborhood. 6. The restaurant with on-sale general liquor service will not result in an over concentration of such uses in the area. 7. The restaurant as proposed and conditioned will not create a nuisance due to noise, litter, vandalism, traffic or other factors. 8. The restaurant with on-sale general liquor service and live entertainment will not significantly disturb the peace and enjoyment of any nearby residential neighborhoods. Planning Commission Resolution No. 3223 UP 9%01 - 1740 S. Winchester Boulevard Page 2 9. The restaurant with on-sale general liquor service will not significantly increase the demand on city services. Based on the foregoing findings of fact, the Planning Commission further finds and concludes that: The establishment of the restaurant will aid in the enhancement and the harmonious development of the immediate area. The establishment, maintenance, or operation of the use will not be detrimental to the public health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of such proposed use. 2. The proposed site is adequate in size and shape to accommodate the proposed uses and the surrounding uses in the area. 3. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such uses would generate. 4. The proposed establishment is compatible with the adjacent land uses and the surrounding neighborhood. The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the ordinance of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. 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 1. Approved Project: Approval is granted for a Conditional Use Permit (UP 99-01) to establish a 2100 square foot restaurant with a general on-sale liquor license, live entertainment and operational hours after 11 p.m. on property located at 1740 S. Winchester Blvd. and shall substantially conform to the project exhibits listed below, except as may be modified by the Conditions of Approval contained herein: A. Plot plan dated March 8, 1999, prepared by RB B. Floor plans dated March 8, 1999, prepared by RB. C. Applicant's project description 'Rimma's Red Square Restaurant' Extended hours of operation Hours of operation may be extended in the evening hours to include remaining open until 12 a.m. on Fridays, Saturdays and Special Holidays (limited to ten days per calendar year) one year from the date of approval. The Planning Commission will review the hours of operation at that time. Planning Commission Resolution No. 3223 UP 99-01 - 1740 S. Winchester Boulevard Page 3 o o ° o Landscaping: Prior to the issuance of an occupancy permit for the project, the applicant shall submit landscaping plans for review and approval by the Community Development Director that incorporates the following: A. Provision of container planters at the building entrance and renovation of existing planters within the parking area. B. Minimum 5 gallon shrubs and ground cover shall be planted within the landscape containers along the building walls facing Winchester Blvd. and raised planters in the parking area. Reciprocal Ingress/Egress Agreement: Prior to the establishment of the restaurant with a general liquor license and live entertainment, the applicant and/or property owner shall record a covenant obligating future and existing property owners to enter into an agreement with the adjacent property owners to the south to participate in the provision of reciprocal ingress/egress easements to utilize the vehicular parking lot along the south side of the restaurant. On-site Lighting: Details of project lighting shall be approved by the Community Development Director prior to the issuance of building permits. Building Division Requirements: Prior to the issuance of building permits, the applicant shall comply with all Building Code requirements and obtain necessary permits as determined by the City's Building Division. Fences/walls: Any newly proposed fencing and/or wall shall comply with Section 21.59.090 of the Campbell Municipal Code and shall be submitted for review and approval by the Community Development Department prior to construction. Property Maintenance: The property is to be maintained free of any combustible trash, debris and weeds until the time that actual construction commences. All existing structures shall be secured by having windows boarded up and doors sealed shut, or be demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). All structures shall also be required to be maintained free of graffiti. Should graffiti appear on the building, enclosure walls and/or trash enclosure, the applicant shall take measures to immediately remove the graffiti. Location of Mechanical Equipment: No new roof-mounted and/or ground level mechanical equipment, i.e. air conditioning units, shall be located on or adjacent to the building without providing screening of the mechanical equipment from public view. Screening material and method shall require review and approval by the Community Development Director prior to the installation of such mechanical equipment. Planning Commission Resolution No. 3223 UP 99-01 - 1740 S. Winchester Boulevard Page 4 10. Utility Boxes and Back-Flow Preventers: Applicant to submit a plan prior to installation of PG&E utility (transformer) boxes and San Jose Water Company back-flow preventers, indicating the location of the boxes and screening (if the boxes are above ground) for approval by the Planning Division. 11. Trash Disposal/Recycling: The applicant shall provide details regarding the design and location of trash disposal/recycling facilities necessary to serve the restaurant to be reviewed and approved by the City prior to the issuance of building permits for the project. The design of the trash enclosure shall match the building in terms of color and finish. 12. Signs: Any signs proposed to be erected on site shall require approval of a Sign Permit. A Sign Permit may be granted upon complete submission of a Sign application and approval by the Community Development Department, in accordance with the City's Sign Ordinance. No sign shall be permitted until the application is approved and a permit issued. 13. Noise: A. Exterior Doors: All doors providing access from the restaurant to the exterior of the building shall be self-closing doors and shall not be propped open. B. Nighttime Exiting: Occupants of the building during nighttime hours after 9 p.m. shall be required to exit the building from the Winchester Boulevard entrance. Co Noise Standard: Any noises, sounds and/or voices, including but not limited to amplified sounds, loud speakers, sounds from microphones, audio sound systems, music and/or public address system, generated by uses within the building shall not be audible to a person of normal hearing acuity from any residential property. Do Noise Management: In the event complaints are received by the City regarding noise, the Community Development Director, upon confirmation that the noises are generated by uses in the building and/or surrounding parking areas, may limit the operation hours of the uses within the building and/or may require a Noise Management Plan to be submitted by the applicant consisting of an acoustical study by a qualified acoustical engineer for recommendations to attenuate the noise. The Noise Management Plan shall require implementation of the mitigation measures as determined in the acoustical study to comply with the noise conditions as herein included in these Conditions of Approval. Actions by the Community Development Director may be appealed to the Planning Commission, but the reduced hours for the restaurant shall be effective immediately upon notification by the Community Development Director. E. Exterior Speakers: No audio sound system, music, public address system or speakers are permitted outside of the building. Planning Commission Resolution No. 3223 UP 99-01 - 1740 S. Winchester Boulevard Page 5 POLICE DEPARTMENT 14. Live entertainment permit: The applicant shall process a live entertainment permit with the Police Department consistent with section 5.24.010 of the Campbell Municipal Code prior to the establishment of live entertainment. CENTRAL FIRE DISTRICT: 15. No fire department requirements. PUBLIC WORKS DEPARTMENT: 16. Utilities: All new on-site Utilities shall be installed underground per Section 20.36.150 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. 17. Maintenance Security: Prior to issuance of occupancy approval for the site, all public street improvements required by the street improvement agreement and the encroachment permit must be completed and accepted by the City and the applicant must provide a one-year Maintenance Security in an amount of 25% of the Faithful Performance Bond. 18. Storm Drain Area Fee: If a storm area drainage fee has not been previously paid for this property, then prior to issuance of any permits for the site, the applicant shall pay the required Storm Drain Area fee which is $500. PASSED AND ADOPTED this 27th day of April, 1999, by the following roll call vote: AYES: Commissioners: Francois, Gibbons, Hernandez, Jones, Kearns, Lindstrom, Lowe NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None APPROVED: B~ad J;nes, ~h/air - _ Tim J. I-~aa~y, ~cting ~c~'~tary