PC Res 3141RESOLUTION NO. 3141
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL GRANTING A SITE AND ARCHITECTURAL
APPROVAL (S 97-24) TO REMODEL AN EXISTING BUILDING FOR
THE ESTABLISHMENT OF A NEW RESTAURANT AND BAR AND
APPROVAL OF A CONDITIONAL USE PERMIT (UP 97-21) TO ALLOW
ON-PREMISE GENERAL LIQUOR SERVICE AND EXTENDED HOURS
OF OPERATION FOR THE BUSINESS UNTIL 2 A.M., SEVEN DAYS A
WEEK, ON PROPERTY LOCATED AT 369 E. CAMPBELL AVENUE IN
A C-3-S (CENTRAL BUSINESS DISTRICT) ZONING DISTRICT.
APPLICATION OF MR. RICHARD HARO, ON BEHALF OF KATIE
BLOOM'S RESTAURANT AND BAR. FILE NO. S 97-24/UP 97-21.
After notification and public hearing, as specified by law, and after presentation by the
Community Development Director, proponents and opponents, the heating was closed.
After due consideration of all evidence presented, the Planning Commission did find as follows
with respect to application S 97-24/UP 97-21:
The proposed liquor license and extended late night hours of operation in conjunction
with a full service restaurant are consistent with the commercial land use of the General
Plan and the (C-3-S) Central Business District Zoning designation for the site.
The extended operational hours past 11 p.m. and general on sale liquor license with a
standard restaurant use is incidental and customary to the primary restaurant use of the
site.
The extended operational hours past 11 p.m. subject to the conditions of approval are
compatible with uses on site and with adjacent land uses.
The proposed standard restaurant and bar will not result in an over concentration of such
uses in the area.
o
As conditioned, the establishment will not create a nuisance due to noise, litter,
vandalism, traffic or other factors.
o
As conditioned, the establishment will not significantly disturb the peace and enjoyment
of nearby residential neighborhood.
7. The establishment will not significantly increase the demand on city services.
o
The proposed establishment is consistent with the Downtown Development Plan and the
Land Use Element of the General Plan
Planning Commission Resolution No. 3141
S 97-24/UP 97-21 - 369 E. Campbell Avenue - Katie Bloom's Restaurant
Page 2
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
The proposed project 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.
The proposed site is adequate in size and shape to accommodate the proposed uses and
the surrounding uses in the area.
o
The proposed project is adequately served by streets of sufficient capacity to carry the kind
and quantity of traffic such uses would generate.
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:
APPROVED PROJECT
1. Use Permit. The applicant use shall substantially comply with the restaurant description
indicated in the Project Written Statement submitted by Richard Haro as part of the
application, excepted as herein modified by the conditions of approval.
2. Operational Hours: Operational hours shall be permitted as follows:
a) Inside seating: 7:00 a.m. to 2:00 a.m.
b) Outdoor seating area 7:00 a.m. to 10:00 p.m.
In the event that complaints are received regarding noise, litter, vandalism, traffic or other
such factors associated with a late night operation, the Community Development Director
(CDD) may limit the operational hours of the proposed use to an 11:00 p.m. closing time.
This action may be appealed to the Planning Commission, but the reduced hours shall be
effective immediately upon notification by the CDD. The applicant shall sign an
agreement acknowledging this restriction on operational hours.(Planning)
o
Building Permits. The applicant shall obtain all necessary building, mechanical, plumbing
and electrical permits, prior to establishment of the restaurant use. (Building)
Planning Commission Resolution No. 3141
S 97-24/UP 97-21 - 369 E. Campbell Avenue -Katie Bloom's Restaurant
Page 3
Alcohol Beverage Control. The applicant shall obtain a Type 47 license from the State
Department of Alcohol and Beverage Control, prior to the sale of alcoholic beverages in
conjunction with this use permit.(Planning Division)
Restaurant Use. This is a standard restaurant as defined by Section 21.02.335C and food
service shall be available at all times.
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. (Planning)
Outdoor Noise: No audio sound system, music, public address systems, or speakers are
permitted outside.
8. Live Entertainment: Live entertainment is not permitted with this use permit. (Planning).
Seating: Seating may be reduced from that indicated on the floor plan exhibit in order to
meet the occupancy standards of the Uniform Building Code and the Fire Codes.
10
Signs: Sign areas illustrated on the elevation submitted exceed the number and area
allowed by the Zoning Ordinance and are specifically not approved by this action. A sign
permit application shall be submitted in accordance with the provisions of the Zoning
Ordinance for the C-3 Commercial District for all signs. No signage to be installed until
application is approved and permit issued by the Planning and Building Divisions.(Section
21.53 of the Campbell Municipal Code.) (Planning)
11.
Equipment Screening: All new mechanical equipment on the roof and all utility meters to
be screened as required by approval of the Community Development Director. A
screening plan to be submitted for Director approval prior to the issuance of building
permits.(Planning)
PUBLIC WORKS
12. Encroachment Permits: Prepare plans, pay fees, post deposits and sureties as required to
obtain an encroachment permit for any work in the public right-of-way.
BUILDING DIVISION
13. Drawings: The final building plans shall be designed, stamped and signed by a licensed
Architect or Engineer.
14.
Handicapped Accessible Bathrooms: Per UBC 1105, the bathrooms shall be made
disabled accessible.
Planning Commission Resolution No. 3141
S 97-24/UP 97-21 - 369 E. Campbell Avenue - Katie Bloom's Restaurant
Page 4
15.
County Health Department Approval: Plans for final submittal shall be approved by the
County Health Department and be designed by a licensed Architect or Engineer.
FIRE DISTRICT
16 Occupancy: The occupant load will be reviewed at the time of building permit.
PASSED AND ADOPTED this 274 day of January, 1998, by the following roll call vote:
AYES: Commissioners: Francois, Gibbons, Jones, Kearns, Lindstrom, Lowe,
Meyer-Kennedy
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
APPROVED: ~~,
T. ~~~.~ ~/~ Dennis Lowe, Chair
ATTES
Ste~e Piascecki, Secretary