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.
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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
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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.
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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.
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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