PC Res 3227RESOLUTION NO. 3227
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
(up 99-02) TO ALLOW A GENERAL ON-SALE LIQUOR LICENSE
AND OPERATIONAL HOURS AFTER 11 P.M. IN CONJUNCTION
W1TH A NEW RESTAURANT (BUCA DI BEPPO) ON PROPERTY
LOCATED AT 1875 S. BASCOM AVENUE IN A C-2-S (GENERAL
COMMERCIAL) ZONING DISTRICT. APPLICATION OF MR. STEVE
HALE, ON BEHALF OF BUCA DI BEPPO ITALIAN RESTAURANT.
FILE NO. UP 99-02.
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 99-02:
The proposed general on-sale liquor service and late night hours of operation past 11:00 p.m. in
conjunction with a permitted restaurant use is consistent with the commercial land use designation
of the General Plan and the C-2-S (General Commercial) zoning designation for the site with
approval of a Use Permit.
2. The proposed general on-sale liquor service and late night hours of operation past 11:00 p.m. are
incidental to the primary function of the site as a full service restaurant.
The restaurant is located in a tenant space within a commercial shopping center and is compatible
with the surrounding commercial uses within the shopping center and the surrounding uses within
the neighborhood.
4. The restaurant, with general on-sale liquor service, will not result in an over-concentration of such
uses in the area.
5. The restaurant, with general on-sale liquor service, will not create a nuisance due to noise, litter,
vandalism, traffic or other factors.
6. The restaurant, with general on-sale liquor service, will not significantly disturb the peace and
enjoyment of any nearby residential neighborhoods.
7. The restaurant, with general on-sale 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:
1. The establishment of the restaurant with incidental general on-sale liquor service and late night
hours of operation past 11:00 p.m. will aid in the enhancement and the harmonious development
Planning Commission Resolution No. 3227
UP 99-02 - 1875 S. Bascom Avenue - Buca di Bappo
Page 2
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, or be detrimental or injurious to
property and improvements in the neighborhood or to the general welfare of the City.
2. The subject site is adequate in size and shape to accommodate the proposed user and the
surrounding uses in the area.
3. The subject site is adequately served by streets of sufficient capacity to carry the kind and quantity
of traffic such uses would generate.
4. The proposed project 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 Proiect: Approval is granted for a Use Permit (UP 99-02) to allow general on-sale liquor
service and late night hours of operation past 11:00 p.m. as incidental uses in conjunction with the
establishment of the Buca di Beppo Italian Restaurant at the Pruneyard Shopping Center located on
property at 1875 S. Bascom Avenue. Approval shall substantially conform to the project exhibits
listed below, except as may be modified by the Conditions of Approval contained herein:
A. Site plan of the shopping center indicating the restaurant tenant space location
B. Floor plan of the restaurant with separate bar area.
C. Applicant' s description letter of the restaurant operations.
2. Hours of operation: 6:00 a.m. to 12:00 a.m., Monday - Sunday (7 days a week).
o
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.
o
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. 3227
UP 99-02 - 1875 S. Bascom Avenue - Buca di Bappo
Page 3
Alcohol Beverage Control: The applicant shall obtain all licenses and approvals as required by the
State Department of Alcohol and Beverage Control, prior to the sale of alcoholic beverages in
conjunction with this Use Permit.
Business Operation. The applicant shall operate and maintain this use in a manner which is not
objectionable, offensive or incompatible with surrounding uses. Operation of this use in violation
of the Use Permit or City of Campbell or State of California standards, codes and ordinances shall
be grounds for revocation of the Use Permit.
Signs: Any signs to be proposed to be erected on site shall require approval of 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 is issued.
FIRE DEPARTMENT
8. Review of this proposal is limited to acceptability of site access and water supply as they pertain to
Fire Department operations, and shall not be construed as a substitute for formal plan review to
determine compliance with adopted model codes. Prior to performing any work, the applicant shall
make application to, and receive from the Building Department all applicable construction permits.
At time of building permit application, the architect shall provide a complete area summary and show
compliance with the California Building Code relative to any area or occupancy separation and exiting
requirements
PASSED AND ADOPTED this 8th day of June, 1999, by the following roll call vote:
AYES:
NOES: Commissioners: None
ABSENT: Commissioners: Lindstrom
ABSTAIN: Commissioners: None ..., ~
~ ~ ~PPROVED:~h ir
Steve Piasecki, Secretary
Commissioners: Francois, Gibbons, Hernandez, Jones, Keams, Lowe