PC Res 3928RESOLUTION NO. 3928
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL GRANTING A CONDITIONAL USE
PERMIT (PLN2009-02) TO ALLOW A GENERAL ON-SALE LIQUOR
LICENSE IN CONJUNCTION WITH A NEW HOTEL (COURTYARD
BY MARRIOTT -SAN JOSE/CAMPBELL) ON PROPERTY OWNED
BY CAMPBELL HHG HOTEL DEVELOPMENT, LP, LOCATED AT
655 CREEKSIDE WAY IN A P-D (PLANNED DEVELOPMENT)
ZONING DISTRICT. APPLICATION OF MS. PATRICIA SANTINI,
ON BEHALF OF CAMPBELL HHG HOTEL DEVELOPMENT, LP.
FILE NO.: PLN2009-02.
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 PLN2009-02.
1. At its regular meeting of July 17, 2007, the City Council adopted Ordinance No. 2086,
approving a Planned Development Permit (PLN2006-179), for the construction of a
seven-story, 162 room hotel on property located at 649-655 Creekside Way.
2. The Planned Development Permit (PLN2006-179) approved by City Council Ordinance
No. 2086 indicated that 177 on-site parking spaces would be provided. These plans
specified that aground-floor restaurant would be included as part of the hotel.
Therefore, no additional parking is required by this application.
3. The proposed general on-sale liquor license(s) and late night activity in conjunction with
an existing restaurant is consistent with the General Commercial General Plan land use
designation.
4. The proposed a general on-sale liquor license and late night activity for a restaurant will
be compatible with the P-D (Planned Development) Zoning District with approval of a
Conditional Use Permit.
5. The project site consists of a 95,183 sq. ft., 162-room hotel currently under
construction.
6. The project site is located at the corner of Creekside Way and the Northbound
Highway 17 off-ramp, extending south to the Los Gatos Creek.
7. The proposed project is consistent with other developments and uses in the
surrounding area.
8. No substantial exterior modifications to the building are proposed in conjunction with
the proposed general on-sale liquor license.
Planning Commission Resolution No. 3928
PLN2009-02 - 655 Creekside Way -Use Permit -General On-Sale Alcohol Sales/Hotel
Page 2
9. The business hours shall be restricted by the Conditions of Approval.
10. The hours of operation of the hotel shall be unaffected by this application.
11. 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. The establishment of a general on-sale liquor license will not result in an over
concentration of such uses in the area.
8. The establishment of a general on-sale liquor license will not create a nuisance due to
litter, noise, traffic, vandalism, or other factors.
9. The establishment of a general on-sale liquor license will not significantly disturb the
peace and enjoyment of the nearby residential neighborhood.
10. The establishment of a general on-sale liquor license will not significantly increase the
demand on City services.
Planning Commission Resolution No. 3928
PLN2009-02 - 655 Creekside Way -Use Permit -General On-Sale Alcohol Sales/Hotel
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11. 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.
12. There is a reasonable relationship and a rough proportionality between the conditions
of approval and the impacts of the project.
13. 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.
14. 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 grant a Conditional Use
Permit (PLN2009-02) to allow a general on-sale liquor license in conjunction with a new
hotel (Courtyard by Marriott -San Jose/Campbell) on property owned by Campbell HHG
Hotel Development, LP, located at 655 Creekside Way in a P-D (Planned Development
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 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.
Acknowledged & Accepted:
Campbell HHG Hotel Development
2. Approved Project: Approval is granted for a Conditional Use Permit (PLN2009-02) to
allow a general on-sale liquor license in conjunction with a new hotel (Courtyard by
Marriot San Jose Campbell) located at 655 Creekside Avenue. The project shall
substantially conform to the project plans and project description stamped as received
Planning Commission Resolution No. 3928
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by the Planning Division on January 13, 2009, except as may be modified by the
conditions of approval contained herein.
3. Approved Activity: The Conditional Use Permit approved herein shall allow the service
of alcoholic beverage in association with the hotel restaurant, bar, and room service,
including in outdoor recreation/guest areas, in compliance with all applicable State and
local regulations and ordinances.
4. Conditional Use Permit Approval Expiration: The Conditional Use Permit approval shall
be valid for one year from the date of completion (Building Permit Final) of the subject
hotel. 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. 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.
6. Hotel Businesses/Operational Hours: The business/operational hours (24-hours/day -
7 days/week) of the hotel shall not be affected by the Conditional Use Permit approved
herein, as they pertain to the lodging, housing keeping, amenity service, and
administrative functions of the hotel.
7. Business Hours: The business hours (Monday through Sunday) of the alcohol-related
services permitted by the Conditional Use Permit approved herein shall be:
• Restaurant (food service available): 6:30 a.m. to 10:00 p.m.
• Bar (alcohol service available): 5:00 p.m. to 12:00 a.m.
• Room Service (alcohol/food service available): 5:00 a.m. to 10:00 p.m.
• Outdoor Service (alcohol/food service available): 9:00 a.m. to 10:00 p.m.
8. Restaurant/Bar Seating: The number of seats for the restaurant and bar shall be
limited to maximum of 80 seats.
9. Outdoor Seating: Outdoor seating shall be allowed up to 20 seats, in compliance with
Section 21.36.150 of the Campbell Municipal Code.
10. Property 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.
11. signage: No signage is approved as part of the development application 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.
Planning Commission Resolution No. 3928
PLN2009-02 - 655 Creekside Way -Use Permit -General On-Sale Alcohol Sales/Hotel
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12. Live Entertainment: No live entertainment is approved as part of the development
application approved herein, including live music, disc jockey, karaoke, and dancing.
13. Liquor License: The applicant shall obtain appropriate licenses from the State
Department of Alcoholic Beverage Control prior to the sale of alcoholic beverages.
14. Loitering: There shall be no loitering allowed outside the business. The business
owner is responsible for monitoring the premises to prevent loitering.
15. 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.
16. Outdoor Storage: 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.
17. 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.
b. Noise Management: 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.
18. 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.
19. Parking 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.
Planning Commission Resolution No. 3928
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PASSED AND ADOPTED this 10th day of February, 2009, by the following roll call vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
ATTEST
Alster, Ebner, Gairaud, Gibbons and Rocha
None
Roseberry
Alderete
APPROVED:
Ciddy Worde ,Acting Secretary