Loading...
PC Res 3160RESOLUTION NO. 3160 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT TO ALLOW EXTENDED HOURS OF OPERATION AND ON-SALE GENERAL LIQUOR SERVICE ON PROPERTY LOCATED 200 E. CAMPBELL AVENUE IN A C-3-S (CENTRAL BUSINESS DISTRICT) ZONING DISTRICT CONTINGENT UPON THE APPROVAL OF A PARKING ADJUSTMENT BY THE CITY COUNCIL. APPLICATION OF MR. NICK GERA, ON BEHALF OF STODDARD'S BREWERY & EATERY. FILE NO. UP 98-01. 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 UP 98-01: The proposed late night hours of operation and on-sale general liquor service for the proposed restaurant/brewery and banquet hall facility uses are consistent with the commercial land use of the General Plan and the C-3-S (Central Business District) zoning designations for the site. 2. The proposed micro-brewery shall only be established for the primary full-service restaurant in conjunction with the on-sale liquor service for the restaurant. The on-sale general liquor licenses for the restaurant/brewery and banquet hall are incidental uses to the primary full-service restaurant and banquet facility uses and are not anticipated to intensify the primary uses. 4. The proposed hours of operation for the restaurant/brewery is: Monday- Saturday 8:00 a.m. to 2:00 a.m. & Holidays Sunday 8:00 a.m. to 12:00 a.m. o The proposed hours of operation for the banquet hall facility is: Sunday - Thursday 8:00 a.m. to 11:00 p.m. Friday - Saturday 8:00 a.m. to 12:00 a.m. & Holidays 6. The proposed operating hours of the restaurant/brewery and banquet hall facility are consistent and similar to operating hours of other restaurants within the City. o The proposed restaurant/brewery and banquet hall facilities, subject to the conditions of approval, with late night hours of operation and on-sale general liquor service is compatible with the surrounding neighborhood. Planning Commission Resolution No. 3160 UP 98-01 - 200 E. Campbell Avenue - Stoddard's Brewery & Eatery Page 2 o The restaurant/brewery and banquet hall facility with the late night hours of operation and incidental on-sale general liquor service, will not create a nuisance due to noise, litter, vandalism, traffic or other factors, subject to the conditions of approval. The restaurant/brewery and banquet hall facility, with late night hours of operation and incidental on-sale general liquor service, will not significantly disturb the peace and enjoyment of nearby residential neighborhoods, subject to the conditions of approval. 10. The restaurant/brewery and banquet hall facility, with late night hours of operation and incidental on-sale general liquor service, will not significantly increase the demand on city services, subject to the conditions of approval. 11. The restaurant/brewery and banquet hall facility, with late night hours of operation and incidental on-sale general liquor service, will not result in an over-concentration of such uses in the area. 12. An initial study was prepared for this project which concludes that there are no significant environmental impacts with the development of this project. Consequently, a Negative Declaration has been prepared for this project. 13. The restaurant portion of the building will be limited to a maximum seating capacity of 255 persons and the banquet hall portion of the building will be limited to a maximum seating capacity of 600 persons. 14. The proposed project will provide 50 on-site parking spaces (60 on-site spaces with valet service) and additional on-street and off-site parking spaces to adequately accommodate both the restaurant and the banquet hall facility uses. 15. The on-site parking spaces alone will not accommodate needs for the restaurant and banquet facility as required for Parking Zone 2 of the C-3-S zoning regulations; however, a parking management plan has been provided which indicates a procedure to facilitate parking demand for the project by a combined use of off-site and available on-street parking spaces. 16. Approval of the parking management plan by the City Council as a request for a parking adjustment will allow compliance of the project with the parking regulations of the C-3-S zoning ordinance. 17. Adequate circulation will be provided on the site and surrounding the site to adequately accommodate the estimated traffic associated with the project. Planning Commission Resolution No. 3160 LIP 98-01 - 200 E. Campbell Avenue - Stoddard's Brewery & Eatery Page 3 Based upon 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. 2. The proposed site is adequate in size and shape to accommodate the proposed uses and the surrounding uses in the area, subject to the conditions of approval. 3. The proposed project is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such uses would generate, subject to the conditions of approval. 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: Approval is granted for a Use Permit to allow extended hours of operation and on-sale general liquor services for a restaurant and a banquet hall facility, and establishment of a microbrewery solely in conjunction with the restaurant use for the development to be located on property at 200 East Campbell Avenue. The uses shall comply with the project description as submitted by the applicant, except as herein modified by the conditions of approval. 2. ABC License: The applicant shall obtain any and all licenses/approvals as required from the State of California Department of Alcohol and Beverage Control. o Business Operation: The applicant shall operate and maintain this use in a manner which is not objectionable, offensive, or incompatible with surrounding uses. The shall not create a nuisance due to noise, litter, vandalism, traffic or other factors. Operation of this use in violation of this approval or City of Campbell standards, codes and ordinances shall be grounds for revocation of this approval. Seating Capacity: The maximum seating capacity of the banquet hall facility shall not exceed 600 persons at any one time. The maximum seating capacity of the restaurant/brewery shall not exceed 255 persons at any one time. Planning Commission Resolution No. 3160 LIP 98-01 - 200 E. Campbell Avenue - Stoddard's Brewery & Eatery Page 4 Hours of Operation: a. The hours of operation for the restaurant/brewery shall be limited to: Monday- Saturday 8:00 a.m. to 2:00 a.m. & Holidays Sunday 8:00 a.m. to 12:00 a.m. bo The hours of operation for the banquet hall facility shall be limited to: Sunday - Thursday 8:00 a.m. to 11:00 p.m. Friday - Saturday 8:00 a.m. to 12:00 a.m. & Holidays o Parking Management Plan: Parking to accommodate both the restaurant/brewery and banquet hall facility shall comply with the attached Parking Management Plan prepared by the Campbell Redevelopment Agency staff, dated April 24, 1998. There will be a minimum of 50 on-site parking spaces (60 on-site spaces using valet service) for the building which shall be provided for use by customers of the restaurant. Employees of the restaurant/brewery and the banquet hall facility shall not be permitted to park on residential streets. Operators of the banquet hall facility shall comply with the attached Parking Management Plan for use of the banquet hall facility and shall require that: Use of the City's public First Street parking garage for banquet events shall be restricted to the following hours: Monday - Thursday Friday Saturday Sunday Holidays 5:30 p.m. to 11:30 p.m. 5:30 p.m. to 12:30 a.m. 8:00 a.m. to 12:30 a.m. 8:00 a.m. to 11:30 p.m. 8:00 a.m. to 12:30 a.m. bo For any event that exceeds 250 persons, the operator of the banquet hall facility shall provide a minimum 60-day notice to the Community Development Director which includes the time, day, parking and transport plan for the event. The Community Development Director, upon recommendations from the Chief of Police and Traffic Engineer, shall respond to the adequacy of the plan within ten (10) days. There shall be parking and traffic control at the First Street Public Parking Garage for any banquet event that exceeds 250 persons as required by the Chief of Police. This may include a uniformed police officer directing traffic, if deemed necessary by the Chief of Police, to keep exiting traffic out of residential areas. d. A fee shall not be charged for use of the valet and/or shuttle parking services. Planning Commission Resolution No. 3160 UP 98-01 - 200 E. Campbell Avenue - Stoddard's Brewery & Eatery Page 5 go jo k° Use of the Campbell Community Center parking facilities is limited to a maximum of 100 parking spaces at the Campbell Avenue parking lot to be used for the banquet hall use during weekday hours between 8:00 a.m. and 5:30 p.m. with prior written approval from either the Director of Community Services and Recreation or the City Manager. Written requests for permission to use parking at the Community Center must be received a minimum of 30 days in advance for use of 50 parking spaces or less, and a minimum of 60 days in advance for use of more than 50 parking spaces. Request shall be addressed to: Director of Recreation and Community Services Recreation and Community Services 1 West Campbell Avenue #C31 Campbell, CA 95008 Use of Community Center parking for banquet use is prohibited weekdays after 5:30 p.m. and on weekends. The City reserves the right to deny the use of the Community Center parking at its discretion if it disrupts the operation, function, management or use of the Community Center as determined by the City Manager and/or the Director of Community Services and Recreation. The applicant shall enter into a parking agreement with the City that identifies the terms and conditions under which the Community Center parking may be used. This agreement must be executed prior to the issuance of a certificate of use and occupancy for the banquet facility. Valet parking will be used in association with both Downtown parking facilities and Community Center parking. Shuttle or passenger buses must be used to shuttle banquet users between the Community Center and the banquet facility when the Community Center parking lot is being used. All contracts for banquet facility users shall include a map and instructions for designated parking areas and proper use and location of valet and shuttle bus services. The map shall identify the residential streets where parking and through-traffic is prohibited. Proof of automobile insurance for shuttle and valet vehicles shall be provided and liability insurance shall be provided as required by the City for use of public parking facilities. Planning Commission Resolution No. 3160 UP 98-01 - 200 E. Campbell Avenue - Stoddard's Brewery & Eatery Page 6 Modification to the Parking Management Plan: Minor modifications to the approved Parking Management Plan relating to the number of spaces and location of parking spaces may be approved by the Community Development Director. The Community Development Director shall make the determination as to whether a proposed modification is consider a minor or major modification. Approval of any major modification to the Parking Management Plan as determined by the Community Development Director and/or any appeal of the Planning Director's determination of the Parking Management Plan shall be made to the City Council. Parking and Driveways: All parking and driveway areas shall be developed in compliance with Chapter 21.50 of the Campbell Municipal Code, except as may be modified by the Parking Management Plan and approved by the City Council for a parking adjustment. Noise: a. Exterior Doors: All doors providing access from the banquet facility to the exterior of the building shall be self-closing doors and shall not be propped open during banquet facility events. All doors located on the south elevation of the building facing Orchard City Drive shall be used for exiting purposes only and shall be kept closed at all times, except for emergency purposes. bo Nighttime Exiting: Occupants of the building during nighttime hours after 9 p.m. shall be required to exit the building from the entrance of the banquet hall and/or restaurant along Second Street and/or E. Campbell Avenue. Co 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 located south of Orchard City Drive. do 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, may limit the operational 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 either the restaurant/brewery and/or banquet facility shall be effective immediately upon notification by the Community Development Director. Planning Commission Resolution No. 3160 UP 98-01 - 200 E. Campbell Avenue - Stoddard's Brewery & Eatery Page 7 eo Construction: The applicant shall incorporate construction methods and/or materials for the construction of the building to provide sound attenuation for the building. Such methods may include the use of sound baffling insulation, double-paned windows, acoustical ceiling and flooring material and other state-of-the-art acoustical construction technology. f. Exterior Speakers: No audio sound system, music, public address system or speakers are permitted outside of the building. 10. Recordation of Conditions of Approval: A deed restriction containing all conditions of approval shall be recorded with the Santa Clara County Recorder's Office and shall be an on- going obligation of the business owner(s) and property owner(s). 11. Notification of Conditions of Approval: The applicant shall be responsible for providing all primary persons reserving and/or using the banquet facility with notification of the conditions of approval pertaining to noise and operation of the facility prior to the occurrence of the event to be held at the banquet facility. Such conditions of approval pertaining to noise and operation of the facility shall also be conspicuously posted within the banquet facility. 12. On-site Lighting: On site lighting shall be shielded away from residential uses. Details of project lighting shall be approved by the Planning Department prior to issuance of building permits. 13. Garbage Collection - Trash containers of a size and quantity necessary to serve new or modified building areas shall be located in areas approved by the Fire Department. Unless otherwise noted, enclosures, shall consist of a concrete floor surrounded by a solid wall or fence and have self-closing doors of a size specified by the Fire Department. All enclosures to be constructed at grade level and have a level area adjacent to the trash enclosure area to service these containers. 14. Disabled Accessibility - All new and remodeled buildings shall provide disabled access in accordance with the Uniform Building Code (UBC), and the Uniform Federal Accessibility Standards (UFAS) and the Federal Americans with Disabilities Act (ADA). 15. Adjustment in Parking Standards: The applicant shall obtain an adjustment in the parking standards by the City Council consistent with the requirements of the C-3~S (Central Business District) zoning district prior to issuance of building permits. Planning Commission Resolution No. 3160 UP 98-01 - 200 E. Campbell Avenue - Stoddard's Brewery & Eatery Page 8 16. Outdoor seating: Outdoor seating shall only be permitted for the restaurant use. No outdoor seating is permitted for the banquet hall facility. Outdoor seating for the restaurant shall comply with Chapter 21.26.020 Section 4 A and B of the Campbell Municipal Code. Hours of operation for use of the outdoor seating area shall be allowed until 12 a.m. 17. Complaints: The applicants and/or operators of the restaurant/brewery and banquet hall facility shall operate and maintain the uses in a manner which is not objectionable, offensive, or incompatible with surrounding uses. 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 may limit the operational hours of the proposed use. This action may be appealed to the Planning Commission, but the reduced hours for either the restaurant/brewery and/or banquet facility shall be effective immediately upon notification by the Community Development Director. The applicant shall sign an agreement acknowledging this restriction on operational hours. 18. Building Code Compliance: The approved project must comply with all applicable Building Codes as determined by the Campbell Building Official and as required by the Uniform Building Code. 19. Live Entertainment Permit: Applicant shall be required to obtain all necessary City permits prior to incorporating live entertainment at this location in compliance with the C-3-S (Central Business District) Zoning requirements. PASSED AND ADOPTED this 28~ day of April, 1998, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Francois, Gibbons, Jones, Keams, Lindstrom, Lowe, Meyer-Kennedy None None None /r) APPROVE . , ~/ ~// ~ Dennis l_;owe, Chair Steve"Piasecki, Secretary