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PC Res 3877 RESOLUTION NO. 3877 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL GRANTING A CONDITIONAL USE PERMIT (PLN2008-30) TO ALLOW LATE NIGHT OPERATIONS (OPEN TO PUBLIC UNTIL 1 A.M. AND CLEAN UP UNTIL 2 A.M.) FOR A RESTAURANT (HOOTERS) ON PROPERTY OWNED BY KEESLING TRUST LOCATED AT 1555 S. BASCOM AVENUE IN A C-2-S (GENERAL COMMERCIAL) ZONING DISTRICT. APPLICATION OF MR. JOHN TRANI, ON BEHALF OF CAMPBELL WINGS, INC. FILE NO.: PLN2008-30. 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 PLN2008-30. 1. The proposed late night activity in conjunction with a new restaurant is consistent with the General Commercial General Plan land use designation. 2. The proposed late night activity for a restaurant will be compatible with the C-2-S (General Commercial) Zoning District with approval of a Conditional Use Permit. 3. The project site consists of a 7,225 square foot specialty theme restaurant in an existing commercial building. 4. The restaurant is an existing use with an allowed seating capacity of 189 seats. The restaurant generates a parking demand of 63 parking spaces. No additional seating would be allowed and no expansion or change of use is proposed. The existing 63 parking spaces will adequately address the parking needs of the subject site and proposed use. 5. The project site is located on the west side of South Bascom, just north of Hamilton 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 late night activity. 8. The business hours open to the public shall be restricted to 10:00 a.m. to 1 :00 a.m. daily. 9. The hours of operation shall be restricted to 6:00 a.m. to 2:00 a.m. daily. Planning Commission Resolution No. 3877 PLN2008-30 - 1555 S. Bascom Avenue - Use Permit - Late Night Hours - Hooters 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 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. 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. 8. 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 (PLN2008-30) to allow a late night operations (open to public to 1 a.m. and clean up to 2 a.m.) for a restaurant (Hooters) on property owned by Keesling Trust located at 1555 S. Bascom Avenue in a C-2-S (General 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 Planning Commission Resolution No. 3877 PLN2008-30 - 1555 S. Bascom Avenue - Use Permit - Late Night Hours - Hooters Page 3 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 (PLN2008-30) to allow late night activity in conjunction with a new restaurant use (Hooters Restaurant) located at 1555 S. Bascom Avenue. The project shall substantially conform to the project plans and project description received by the Planning Division on February 28, 2008, except as may be modified by the Conditions of Approval contained herein.* * 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 Exoiration: 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 10:00 a.m. to 1 :00 a.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 6:00 a.m. to 2:00 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 6:00 a.m. or remain on site after 2:00 a.m. 7. Restaurant SeatinQ: The maximum number of seats for the restaurant shall be limited to 189 seats. No increase in number of seats in the restaurant is allowed. Planning Commission Resolution No. 3877 PLN2008-30 - 1555 S. Bascom Avenue - Use Permit - Late Night Hours - Hooters Page 4 8. Prooertv 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 Conditional Use Permit 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. Liauor License: The applicant shall maintain 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. 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 Eauioment: No roof-mounted mechanical equipment (Le. 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 Seatina: No outdoor seating is approved as part of this development application. 17. Outdoor Cookina: 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. Planning Commission Resolution No. 3877 PLN2008-30 - 1555 S. Bascom Avenue - Use Permit - Late Night Hours - Hooters Page 5 b. Noise Manaaement: 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. 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 12 parking spaces will be provided. 21. Violations to Conditions of Aporoval: Upon any confirmed violations of the above conditions of approval, 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. PASSED AND ADOPTED this 25th day of March, 2008, by the following roll call vote: AYES: Commissioners: Alderete, Doorley, Ebner, Gibbons, Rocha and Roseberry NOES: Commissioners: None ABSENT: Commissioners: Gairaud ABSTAIN: Commissioners: None APPROVED: Bob Roseberry, C ATTEST: J