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PC Res 3904 RESOLUTION NO. 3904 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL GRANTING APPROVAL OF A CONDITIONAL USE PERMIT (PLN2008-96) TO ALLOW AN ON-SALE BEER AND WINE LICENSE FOR A NEW RESTAURANT USE (MASA SUSHI) INCLUDING MINOR EXTERIOR ALTERATIONS AND ADDITIONS TO AN EXISTING VACANT COMMERCIAL BUILDING AND A SIGN PERMIT (PLN2008-112) FOR A WALL SIGN AND A NEW SIGN ON AN EXISTING FREESTANDING SIGN STRUCTURE, ON PROPERTY OWNED BY MR. MASATSUGU UEHARA LOCATED AT 2210 S. BASCOM AVENUE IN A C-2-S (GENERAL COMMERCIAL) ZONING DISTRICT. APPLICATION MR. MASATSUGU UEHARA. FILE NO.: PLN2008-96/112. 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 PLN2008-96/112. 1. The proposed beer and wine license in conjunction with a restaurant is consistent with the General Commercial General Plan land use designation. 2. The proposed beer and wine license for a restaurant will be compatible with the C-2 (General Commercial) zoning designation with approval of a Conditional Use Permit. 3. The project site consists of a 1,830 square foot restaurant in an existing commercial building. 4. The proposed project generates a parking demand of 12 parking spaces and the applicant has identified 12 parking spaces on the site plan. The change in use from commercial to a new restaurant (36 seats) will not intensify the site or parking demand from the previous commercial use. 5. The project site is located on the east side of Bascom Avenue, just south of the intersection of Apricot and Bascom avenues. The property is surrounded by commercial/restaurant uses on the north, south and west sides, and residential uses to the east. 6. The site plan indicates the location of an existing five feet tall masonry wall to remain along the eastern property line, abutting residential properties. 7. The proposed project is consistent with other developments and uses in the surrounding area. 8. The project would have a building coverage of 14 percent, landscape coverage of 30 percent, and paving coverage of 56 percent. Planning Commission Resolution No. 3904 PLN2008-96/112 - 2210 S. Bascom Avenue - Use Permit & Sign Permit (Masa Sushi) Page 2 9. The project has a Floor Area Ratio (FAR) of 0.14. 10. The proposed additions and exterior modifications of the proposed buildings are architecturally consistent. 11. The proposed project will install street improvements along Bascom Avenue which presents a streetscape enhancement. 12. The plans indicate improved front and rear landscaping which will appreciably upgrade the appearance of the subject property. 13. The proposed signs meet all applicable requirements and restrictions as specified by the Sign Ordinance. 14. The proposed signs, as conditioned, are consistent in design to the subject structure and site. 15. The business hours shall be restricted to 11 :30 a.m. to 2:00 p.m. and 5:00 p.m. to 9:00 p.m., Monday through Sunday. 16. The hours of operation shall be restricted to 9:30 a.m. to 10:00 p.m., Monday through Sunday. 17. 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. Planning Commission Resolution No. 3904 PLN2008-96/112 - 2210 S. Bascom Avenue - Use Permit & Sign Permit (Masa Sushi) Page 3 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 approval of a Conditional Use Permit (PLN2008-96) to allow an on-sale beer and wine license for a new restaurant use (Masa Sushi) including minor exterior alterations and additions to an existing vacant commercial building and a Sign Permit (PLN2008-112) for a wall sign and a new sign on an existing freestanding sign structure on property owned by Mr. Masatsugu Uehara located at 2210 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 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 the effective date 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 (PLN2008-96) to allow a beer and wine license in conjunction with a new restaurant use (Masa Sushi) located at 2210 S. Bascom Avenue and a Sign Permit (PLN2008-112). The project shall substantially conform to the revised Project Plans (PLN2008-96), stamped as received by the Community Development Department on August 1, 2008, the Operational Statement (PLN2008-96), stamped as received by the Community Development Department on June 10, 2008, and the Sign Permit Application Planning Commission Resolution No. 3904 PLN2008-96/112 - 2210 S. Bascom Avenue - Use Permit & Sign Permit (Masa Sushi) Page 4 (PLN2008-112), stamped as received by the Community Development Department on August 4,2008, except as may be modified by conditions of approval herein. 3. Plannino Final Required: 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. 4. Conditional Use Permit Approval Expiration: 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. 5. Final Landscapinq Plan: A final landscaping plan, which shall be submitted with Building Permit plans, shall specify the species of all new trees, indicate an appropriate edge at the property-lines, and indicate a minimum 24-inch box size for all new trees for review and approval by the Community Development Director. 6. Siqnaoe: Prior to the issuance of building permits for approved signage, the following shall be submitted for review and approval by the Community Development Director: a. A detail indicating the size, material, construction, and color of the sign pole covering. b. A color sample (paint chip or manufacture's print) of the background (ivory) color of the freestanding sign. c. A color sample (paint chip or manufacture's print) of the (blue) color of the channel letter wall sign. 7. Protection of New Trees: In accordance with the Tree Protection Ordinance (Chapter 21.32), all trees planted pursuant to this approval shall be considered "protected" and subject to the established removal requirements and restrictions. 8. On-Site Liohtino: Prior to the issuance of buildino permits the applicant shall submit Iioht fixture details for the indicated oarden lioht fixtures to the Plan nino Division. for review and approval bv the Community Development Director. All landscaping lighting shall be low-level/accent lightning and shall. be arranged and shielded so that light is reflected away from adjacent residential uses and so that there is no glare, which will cause unreasonable annoyance to occupants of residential properties or otherwise interfere with the public health, safety or welfare. 9. Landscaoina Maintenance: All existing and proposed landscaping shall be maintained in substantial compliance with approved plans. Landscaping changes, including, but not limited to, significant changes to the new garden areas shall require review and approval by the Community Development Director. Planning Commission Resolution No. 3904 PLN2008-96/112 - 2210 S. Bascom Avenue - Use Permit & Sign Permit (Masa Sushi) Page 5 10. 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. 11. Business Hours: The hours of operation shall be restricted to 11 :30 a.m. to 2:00 p.m. and 5:00 p.m. to 9:00 p.m., Monday through Sunday. The end of Business Hours shall mean the business is closed to new patrons. 12. Operational Hours: The hours of operation shall be restricted to 9:30 a.m. to 10:00 p.m., Monday through Sunday. The closing time (10:00 p.m.) shall mean the business is closed and all patrons and employees have exited the building. 13. Restaurant Seatino: The maximum number of seats for the restaurant shall be limited to 36 seats (not including waiting area seating). No increase in number of seats in the restaurant shall be allowed without additional parking. All patrons (not includina those waitino for a seat outside of the dininQ area) shall be seated. 14. Propertv 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. 15. Live Entertainment: No live entertainment is approved as part of the development application approved herein, including live music, disc jockey, karaoke, and dancing. 16. Beer and Wine License: The applicant shall obtain a license for a Type 42 (On-Sale Beer and Wine License- Public Premises) from the State Department of Alcoholic Beverage Control prior to the sale of alcoholic beverages. 17. Food Service: Food service shall be available at all times alcoholic beverages are served. 18. Loiterino: There shall be no loitering allowed outside the business in parking lot area. This does not include patrons waiting to be seated. The business owner is responsible for monitoring the premises to prevent loitering. 19. Location of Mechanical Equipment: No roof-mounted mechanical equipment (i.e. 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. 20. 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. Planning Commission Resolution No. 3904 PLN2008-96/112 - 2210 S. Bascom Avenue - Use Permit & Sign Permit (Masa Sushi) Page 6 21. Outdoor Seatino: No outdoor seating is approved as part of the development application. 22. Outdoor Cookino: No outdoor cooking, including portable barbeques, is permitted on the subject property. 23. 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 strictlv prohibited. b. Noise Manaoement: 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, side and rear doors to the business shall not remain in an open position during business hours. 24. Trash & Clean Up: All trash, normal clean up, carpet cleaning, etc. shall not be done in the late evening or early morning hours. All clean up shall be done between 10:00 a.m. and 11 :00 p.m. daily. 25. Trash Enclosures: All refuse and recycling containers (including used oil containers) shall be kept in the enclosure, and covered, at all times except when being !3mptied by collection personnel. 26. Parkino and Driveways: 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. No parkino spaces shall be desionated for pick-up ("to 00") orders. unless additional parkinQ (beyond the required 12) is provided. 27. Construction Activities: The applicant shall abide by the following requirements during construction: a. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00 p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take place on Sundays or holidays unless an exception is granted by the Building Official. b. All construction equipment with internal combustion engines used on the project site shall be properly muffled and maintained in good working condition. Planning Commission Resolution No. 3904 PLN2008-96/112 - 2210 S. Bascom Avenue - Use Permit & Sign Permit (Masa Sushi) Page 7 ' c. Unnecessary idling of internal combustion engines shall be strictly prohibited. d. All stationary noise-generating construction equipment, such as air compressors and portable power generators, shall be located as far as possible from noise- sensitive receptors such as existing residences and businesses. e. Use standard dust and erosion control measures that comply with the adopted Best Management Practices for the City of Campbell. 28. Contractor Contact Information Postino: The project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street prior to the issuance of building permits. Building Division: 29. Permits Required: A building permit application shall be required for the proposed change in use in an existing commercial structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 30. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 31. Size of Plans: The size of construction plans submitted for building permits shall be 24 inches by 36 inches. 32. Plan Preparation: This project requires plans prepared under the direction and oversight of a California licensed Engineer or Architect. Plans submitted for building permits shall be "wet stamped" and signed by the qualifying professional person. 33. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. The site plan shall also include site drainage details, site address, and parcel numbers. Site parking and path of travel to public sidewalks shall be detailed. 34. Title 24 Enerov Compliance: California Title 24 Energy Standards Compliance forms shall be blue-lined on the construction plans. Compliance with the Standards shall be demonstrated for conditioning of the building envelope and lighting of the building. 35. Special Inspections: When a special inspection is required by U.B.C. Section 1701, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permits, in accordance with U.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 36. Non-Point Source: The City of Campbell, standard Santa Clara Valley Non-point Source Pollution Control Program specification sheet shall be part of plan submittal. Planning Commission Resolution No. 3904 PLN2008-96/112 - 2210 S. Bascom Avenue - Use Permit & Sign Permit (Masa Sushi) Page 8 The specification sheet (size 24" X 36") is available at the Building Division service counter. 37. Title 24 Accessibilitv - Commercial: On site general path of travel shall comply with the latest California Title 24 Accessibility Standards. Work shall include but not be limited to accessibility to building entrances from parking facilities and sidewalks. 38. Title 24 Accessibilitv - Commercial: Projects seeking to use the Title 24 Hardship exemption clause shall blue-line completed, City of Campbell "20%" exemption form on submitted construction plans. Form is available at Building Division service counter. 39. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. West Valley Sanitation District b. Santa Clara County Fire Department c. City of San Jose Dept. of Environmental Services d. Santa Clara County Department of Environmental Health 40. P.G.& E.: Applicant is advised to contact Pacific Gas and Electric Company as early as possible in the approval process. Service installations, changes and/or relocations may require substantial scheduling time and can cause significant delays in the approval process. Applicant should also consult with P.G. and E. concerning utility easements, distribution pole locations and required conductor clearances. Public Works Department: 41. Storm Drain Area Fee: Prior to issuance of any grading or building permits for the site the applicant shall pay the required Storm Drain Area fee, currently set at $2,650.00 per net acre, which is $803.00. 42. Street Improvements: Prior to issuance of any grading or building permits for the site, the applicant shall, cause plans for public street improvements to be prepared, pay various fees and deposits, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City Engineer. The plans shall include the following, unless otherwise approved by the City Engineer. Proof of Ownership: Prior to issuance of any grading, drainage, or building permits for the site, the applicant shall provide a current Preliminary Title Report, grant deed, or other satisfactory proof of ownership. a. Show location of all existing utilities within the new and existing public right of way. b. Relocation of all existing utilities including utility boxes, covers, poles, etc. outside of sidewalk area. No utility boxes, covers, etc. will be allowed in the sidewalk area. c. Removal of existing driveway approach and necessary sidewalk, curb and gutter. d. Installation of ADA compliant driveway approach. Planning Commission Resolution No. 3904 PLN2008-96/112 - 2210 S. Bascom Avenue - Use Permit & Sign Permit (Masa Sushi) Page 9 e. Installation of City approved street trees at 30' on center. f. Installation of asphalt concrete overlay per street pavement restoration plan for utility installation and/or abandonment, as required by the City Engineer. g. Construction of conforms to existing public and private improvements, as necessary. 43. Maintenance of Landscapino: Owner(s), current and future, are required to maintain the landscaped park strip and tree wells in the public right of way. This includes, but is not limited to: trees, lawn, plantings, irrigation, etc. Trees shall not be pruned in a manner that would not allow the tree to grow to a mature height. 44. Utilities: All on-site utilities shall be installed underground per Section 21.18.140 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. 45. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer cleanout(s) shall be relocated or installed on private property behind the public right-of-way line. 46. Utilitv Coordination Plan: Prior to issuance of building permits for the site, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities. The plan shall clearly show the location and size of all existing utilities and the associated main lines; indicate which utilities and services are to remain; which utilities and services are to be abandoned, and where new utilities and services will be installed. Joint trenches for new utilities shall be used whenever possible. 47. Pavement Restoration: Based on the utility coordination plan, the applicant shall prepare a pavement restoration plan for approval by the City Engineer prior to any utility installation or abandonment. Streets that have been reconstructed or overlaid within the previous five years will require boring and jacking for all new utility installations. Campbell Avenue and S. Fourth St. have not been reconstructed or overlaid in the last 5 years. The pavement restoration plan shall indicate how the street pavement shall be restored following the installation or abandonment of all utilities necessary for the project. 48. Utilitv Encroachment Permit: Separate permits for the installation of utilities to serve the development will be required (including water, sewer, gas, electric, etc.). Applicant shall apply for and pay all necessary fees for utility permits for sanitary sewer, gas, water, electric and all other utility work. 49. Additional Street Improvements: Should any new utility main lines or other work required to service the development affect any public improvements, the City may add Planning Commission Resolution No. 3904 PLN2008-96/112 - 2210 S. Bascom Avenue - Use Permit & Sign Permit (Masa Sushi) Page 10 conditions to the development/project, at the discretion of the City Engineer, to restore pavement or other public improvements to the satisfaction of the City. 50. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding stormwater pollution prevention. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay. Resources to achieve these objectives include Stormwater Best Management Practices Handbook for New Development and Redevelopment ("CA BMP Handbook") by the California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for Stormwater Quality Protection ("Start at the Source") by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for Stormwater Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. 51. Occupancy and Buildino Permit Final: Prior to allowing occupancy and/or final building permit signoff for any and/or all buildings, the applicant shall have the required street improvements and pavement restoration installed and accepted by the City, and the design engineer shall submit as-built drawings to the City. 52. Private Improvements AQreement: Prior to is.suance of any grading or building permits for the site, the owner shall execute an "Agreement for Private Improvements in the Public Right of Way". This agreement would be required to allow the existing utility facilities located in the public right of way along the frontage of this property, and any other non-City standard improvements, to remain. County Fire: 53. Required Fire Flow: The fire flow for this project is 1,500 gpm at 20 psi residual pressure. The adjusted fire flow is available from area water mains and fire hydrant(s) which are spaced at the required spacing. 54. Cookino EQuioment: Plans indicate possible use of commercial-type cooking appliances capable of producing grease laden vapors. Such cooking equipment shall be protected with fire sprinkler system or within an alternative automatic fire extinguishing system designed, installed and maintained per applicable requirements of the 2007 CFC, NFPA 13 and Title 19. Planning Commission Resolution No. 3904 PLN2008-96/112 - 2210 S. Bascom Avenue - Use Permit & Sign Permit (Masa Sushi) Page 11 PASSED AND ADOPTED this 12th day of August, by the following roll call vote: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Doorley, Ebner, Gairaud, Gibbons, Rocha and Roseberry None Alderete None AYES: Commissioners: APPROVED: ~ ~ Bob Roseberry, ATTEST: ~ Sharon Fierro, Secretary