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PC Res 3118RESOLUTION NO. 3118 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE ESTABLISHMENT OF A RESTAURANT/PUB WITH A GENERAL ON-SALE LIQUOR LICENSE AND WITH OPERATIONAL OURS AFTER 11 P.M. IN AN EXISTING COMMERCIAL BUILDING ON PROPERTY LOCATED AT 33 S. CENTRAL AVENUE IN AN C-3-S (CENTRAL BUSINESS DISTRICT) ZONING DISTRICT. APPLICATION OF MR. STEPHEN SUMMERSCALES, ON BEHALF OF THE KING'S HEAD RESTAURANT & PUB. FILE NO. UP 97-09. 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 UP 97-09: 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 existing parking facilities and participation in parking district will result in a project which integrates the proposed uses on site and with the surrounding neighborhood. o Adequate parking and circulation has been provided through the participation of the parking district. The extended operational hours past 11 p.m. and general on sale liquor license with a restaurant use is incidental and customary to the primary restaurant use of the site. o 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. 6. The establishment will not result in an over concentration of such uses in the area. The establishment will not create a nuisance due to noise, litter, vandalism, traffic or other factors. o The establishment will not significantly disturb the peace and enjoyment of nearby residential neighborhood. 9. The establishment will not significantly increase the demand on city services. Planning Commission Resolution No. 3118 LIP 97-09 - 33 S. Central Avenue - The King's Head Restaurant & Pub 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. Further, the applicants are notified as part of this application that they are required to comply with all applicable Codes and Ordinances of the City of Campbell and the State of California which pertain to this application and are not herein specified. And, that this approval is granted subject to the following Conditions of Approval Use Permit. The applicant use shall substantially comply with the restaurant description indicated in the letter submitted by Sam Summerscales, received August 18, 1997, and the project plan submittal received August 1,1997, excepted as herein modified by the conditions of approval. o Operational Hours: Operational hours shall be permitted as follows: a) 7:00 a.m. to 12:00 a.m. Sunday through Wednesday. b) 7:00 a.m. to 2:00 a.m. Thursday through Saturday and up to six (6) Holidays. c) Outdoor seating area 7:00 a.m. to 10:00 p.m. daily In the event that complaints are received regarding noise, litter, vandalism, traffic or other 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 Division). Building Permits. The applicant shall obtain all necessary building, mechanical, plumbing and electrical permits, prior to establishment of the restaurant use. (Building Division) Planning Commission Resolution No. 3118 UP 97-09 - 33 S. Central Avenue - The King's Head Restaurant & Pub Page 3 Alcohol Beverage Control. The applicant shall obtain a 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) Business Operation. No separate bar service is permitted except as an ancillary use to the restaurant 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 standards, codes and ordinances shall be grounds for revocation of the Use Permit.(Planning) Outdoor Noise: No outdoor audio sound system, music, public address systems, or speakers are permitted outside. Live Entertainment: Live entertainment is not permitted with this use permit, unless such entertainment is clearly ancillary to the restaurant function and when such entertainment complies with the restrictions provided in section 21.25.020(5)(B) of the Campbell Municipal Code. (Planning) Landscaping Plan: Four copies of a landscaping plan for improvement of the entrance and the establishment of the outdoor eating area which indicates the type and size of plant materials, location and design of the irrigation system and the provision of planting and landscaping details, to be submitted to the Planning Division and approved by the Community Development Director, prior to the issuance of building permits. Landscape Plan to include the following: a. Paving Details b. Screen wall details c. Planting and irrigation plan d. Grading and drainage details e. Lighting details Performance Bond: Applicant to install landscaping prior to building occupancy or post a faithful performance bond in the amount of $5000.00 to ensure the installation of landscaping, irrigation, screen walls and paving associated with entry improvements, outdoor eating area and trash enclosure area, within 45 days of building occupancy.(Planning) Planning Commission Resolution No. 3118 UP 97-09 - 33 S. Central Avenue - The King's Head Restaurant & Pub Page 4 10. Seating: Seating and occupancy: Interior seating to be limited to 125 seats (98 restaurant/27 bar) and 16 exterior seats. Additional seating to a maximum of 40 seats may be provided outside, if the number of interior seats is reduce accordingly. (Planning) 11. Revised Elevations: The applicant, prior to the issuance of building permits, shall submit revised elevations for approval of the Site and Architectural Review Committee upon the recommendation of the Architectural Advisor. Revised elevations to provide a simple gable design over the building entrance and to provide a transition between the south and west elevations. (Planning) 12. Trash Enclosure Area: Applicant to provide a screened trash enclosure area west of the outdoor seating area. At a minimum, the trash enclosure area shall accommodate the trash and recycling needs of the two restaurants on the property and shall have a concrete floor with sight obscuring walls of 6 feet. The trash enclosure design and location shall be approved the Community Development Director. (Planning) 13 Signs: Sign application to be submitted in accordance with the provisions of the Sign Ordinance 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) 14. 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 15. Licensing Agreement of Use of Parking District: Prior to obtaining the building permits, applicant must provide evidence that the tenant has completed a licensing agreement for the use of the parking district property to the satisfaction of the City Attorney and the Public Works Director. 16. Grading and Drainage Plans for Outside Seating Area: Provide engineered grading and drainage plans for the outside seating area for review by the City Engineer, including relationships to adjacent properties. 17. Encroachment Permits: Prepare plans, pay fees, post deposits and sureties as required to obtain an encroachment permit for all work in the parking district and public properties, including any revisions to parking lot striping. Planning Commission Resolution No. 3118 UP 97-09 - 33 S. Central Avenue - The King's Head Restaurant & Pub Page 5 BUILDING DIVISION 18. Handicapped Accessible Bathrooms: disabled accessible. Per UBC 1105, the bathrooms must be made 19. Men's Bathroom: The men's bathroom requires a minimum of two (2) toilets. Substitute one toilet for one of the urinals per UPC App C. 20. Mezzanine Height: The structural beams in the mezzanine are 6'8" above the floor. Mezzanines require a clear height of seven (7) feet. A Building Official exemption required per UBC 507. 21. County Health Department Approval: Plans for final submittal must be approved by the County Health Department and be designed by a licensed Architect or Engineer. FIRE DISTICT 22. Non-Conformance with Codes: Upstairs exiting and construction appears to be non- conforming to applicable codes. A review of exiting and ceiling clearance between the City of Campbell Building Department and this department will be necessary to finalize this review. Contact this department at (408) 378-4010, ext. 20, to schedule a site inspection appointment. PASSED AND ADOPTED this 9th day of September, 1997, by the following roll call vote: AYES: Commissioners: NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None Gibbons, Jones, Keams, Lindstrom, Lowe, Meyer-Kennedy APPROVED: 8'fisan A. Keams, Chair