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.
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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.
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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
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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.
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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.
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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
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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.
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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
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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.
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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.
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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.
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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
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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