PC Res 3998RESOLUTION NO. 3998
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING AN ADMINISTRATIVE
PLANNED DEVELOPMENT PERMIT (PLN2010-216) TO ALLOW
A CHANGE OF USE OF THE ADJACENT TENANT SPACE
FROM RETAIL/OFFICE TO RESTAURANT AND A
MODIFICATION TO AN EXISTING CONDITIONAL USE PERMIT
(PLN2008-29) TO ALLOW THE CONTINUED SALE OF BEER
AND WINE IN THE EXPANDED RESTAURANT ON PROPERTY
LOCATED AT 2455 AND 2465 S. WINCHESTER BOULEVARD
IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT.
APPLICATION OF MR. LANCE WAGNER. FILE NO.: PLN2010-
216.
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 PLN2010-216.
1. The project site is zoned Planned Development (P-D) and designated Commercial/Prof.
Office/Residential in the General Plan.
2. The project site consists of an 11.3 acre shopping center known as Campbell Plaza,
developed with 126,540 square feet of building area and 647 parking spaces.
3. The project site is located at the southwest corner of South Winchester Boulevard and
Budd Avenue, abutting commercial properties to the south and adjacent residential
properties to the west.
4. The Campbell Plaza Shopping Center includes three on-site sale and two off-site sale
alcohol establishments.
5. The proposed project would expand an existing 1,200 square-foot tenant space utilized
as a restaurant into an adjacent 1,500 square-foot tenant space-formally used a retail
travel accessories store and mortgage office-resulting in a 2,700 square-foot restaurant
space.
6. The existing restaurant space is permitted beer and wine sales pursuant to Conditional
Use Permit PLN2008-29 approved by the Planning Commission on April 22, 2008 by
Planning Commission Resolution No. 3880.
7. Conditional Use Permit PLN2008-29 permitted the existing restaurant tenant space 48
seats as a reflection of the last known seating count for the restaurant space, pursuant to
Campbell Municipal Code Sec.21.28.030(E).
8. The proposed expanded restaurant is permitted up to 69 seats, which includes the 48
previously permitted seats, in addition to new 21 seats commensurate with the available
parking, pursuant to Campbell Municipal Code Sec.21.28.040(C).
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9. An expansion of a restaurant with beer and wine sales is compatible with the Planned
Development zoning designation with approval of an Administrative Planned
Development Permit and a Modification of an existing Conditional Use Permit (PLN2008-
29).
10. The approval of an Administrative Planned Development Permit and a Modification of an
existing Conditional Use Permit (PLN2008-29) incorporates applicable operational
standards of the Downtown Alcohol Beverage Policy.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The proposed development or uses clearly would result in a more desirable environment
and use of land than would be possible under any other zoning district classification;
2. The proposed development would be compatible with the general plan and will aid in the
harmonious development of the immediate area;
3. The proposed development will not result in allowing more residential units than would be
allowed by other residential zoning districts which are consistent with the general plan
designation of the property;
4. 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;
5. 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;
6. 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;
7. The establishment will not result in an over concentration of these uses in the
surrounding area;
8. The establishment will not create a nuisance due to litter, noise, traffic, vandalism, or
other factors;
9. The establishment will not significantly disturb the peace and enjoyment of the nearby
residential neighborhood;
10. The establishment will not significantly increase the demand on city services;
11. 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
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detrimental or injurious to property and improvements in the neighborhood or to the
general welfare of the city; and
12. This project is Categorically Exempt under Section 15060(c)(2) of the California
Environment Quality Act (CEQA), pertaining to activities that will not result in a direct or
reasonably foreseeable indirect physical change to the environment.
THEREFORE, BE IT RESOLVED that the Planning Commission approves an Administrative
Planned Development Permit (PLN2010-216) to allow a change of use of the adjacent tenant
space from retail/office to restaurant and a Modification to an existing Conditional Use Permit
(PLN2008-29) to allow the continued sale of beer and wine in the expanded restaurant on
property located at 2455 and 2465 S. Winchester Boulevard in a P-D (Planned
Development) Zoning District.
The applicant is hereby notified, as part of this application, that he/she is required to meet the
following conditions in accordance with the ordinances of the City of Campbell and the State
of California. Where approval by the Community Development Director, 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
Approved Project (PLN2010-216): Approval is granted for an Administrative Planned
Development Permit and a Modification to an existing Conditional Use Permit (PLN2008-
29) to allow an expansion of an existing vacant restaurant space with approved beer and
wine sales into an adjacent tenant space to allow the establishment of new restaurant.
The project shall substantially conform to the project plans and written description
stamped as received by the Planning Division on September 8, 2010, except as may be
modified by the conditions of approval contained herein.
2. Previous Conditions of Approval: Upon the effective date of the Resolution approving
this Modification and Administrative Planned Development Permit, the previously
approved Conditions of Approval (PLN2008-29) shall be void and shall permanently be
superseded in their entirety by the Conditions of Approval specified herein.
Conditional Use Permit Approval Expiration: The approval shall be valid for one year
from the date of final approval (November 5, 2011). Within this one-year period, the use
must be established on the property and a City Business License obtained or the
Modified Conditional Use Permit and Administrative Planned Development Permit shall
be rendered void. Once established, approvals for the use shall be valid in perpetuity
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with continued operation of the use. Abandonment, discontinuation, or ceasing of
operations for a continuous period of twelve months shall void the Modified Conditional
Use Permit and Administrative Planned Development Permit approved herein.
4. Revocation of Permit: Operation of the use in violation of the Modified Conditional Use
Permit and Administrative Planned Development Permit or any standards, codes, or
ordinances of the City of Campbell shall be grounds for consideration of revocation of
this approval by the Planning Commission.
5. Operational Standards: Consistent with Campbell Downtown Alcohol Beverage Policy
and other City standards, any restaurant operating pursuant to the Modified Conditional
Use Permit and Administrative Planned Development Permit approved herein shall
conform the following operational standards:
a. Restaurant Seating: Total seating in the restaurant shall be limited to 69 seats,
including bar seating.
b. Bar Seating: The bar area shall constructed as shown on the approved plans. Future
changes to the bar area shall not increase the bar seating to more than 25% of the
total seating allowed for the restaurant (17 seats).
c. Bar Hours: The bar shall not stay open past the hours of operation of the restaurant.
d. Food Service: Full menu food service shall be provided at all time (i.e., the kitchen
shall not be closed during the Business Hours).
e. Live Entertainment: No live entertainment is permitted as part of the Modified
Conditional Use Permit and Administrative Planned Development Permit approval,
including live music, disc jockey, karaoke, and dancing. Future requests for live
entertainment shall be through approval of a Modification to the Administrative
Planned Development Permit and shall be limited to live musicians complimentary to
the primary purpose of proving meal service.
f. Alcohol Beverage Service: Alcohol beverage service in the dining room area shall
only be allowed in conjunction with food service. The dining room area shall not be
converted to a bar or dance area.
g. Bar Meal Service: Meal service shall be permitted in the bar at all times.
h. Hours of Operation: Business Hours shall be restricted to 11:00 AM to 10:00 PM,
Monday through Sunday. By the end of Business Hours all patrons shall have exited
the restaurant. The Hours of Operation shall be restricted to 7:00 AM to 11:00 PM,
Monday through Sunday. By the end of the Hours of Operation all employees shall
have exited the restaurant.
i. Outdoor Seating: No outdoor seating is permitted as part of the Modified Conditional
Use Permit and Administrative Planned Development Permit approval. Future
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requests for outdoor seating shall be through approval of a Modification to the
Administrative Planned Development Permit in compliance Campbell Municipal Code
Sec. 21.36.150.
j. Doors and Windows: All doors and windows shall remain closed after 10:00 PM.
k. Loitering: There shall be no loitering allowed outside the business. The business
owner is responsible for monitoring the premises to prevent loitering.
I. Noise: Any noises, sounds and/or voices, including but not limited to amplified
sounds, loud speakers, sounds from audio sound systems, music, and/or public
address system, generated by the subject use shall not be audible to a person of
normal hearing capacity from any residential property.
In the event complaints are received by the City regarding noise, the Community
Development Director may immediately modify the hours of operation, subject to the
project being brought back to the Planning Commission for review.
m. 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 AM and 11:00 PM daily.
n. Liquor License: Prior to application for a City Business License, the applicant shall
obtain a Type 41 license from the State Department of Alcoholic Beverage Control.
The establishment shall use an employee training manual that addresses alcoholic
beverage service consistent with the standards of the California Restaurant
Association and the Department of Alcoholic Beverage Control.
o. Outdoor Cooking: No outdoor cooking (i.e., grilling, smoking, etc.) is permitted in
association with the establishment.
6. Smoker: Any proposed food smoker to be installed inside the building shall be filtered to
minimize the amount of smoke and odors emitted from the exhaust hood, to the
satisfaction of the Community Development Director, and shall comply with all standards
and regulations of the Bay Area Air Quality Management District (BAAQMD).
Building Division
7. Permits Required: A building permit application shall be required for the proposed tenant
improvements to the (e) commercial structure. The building permit shall include
Electrical/Plumbing/Mechanical fees when such work is part of the permit.
8. Construction Plans: The conditions of approval shall be stated in full on the cover sheet
of construction plans submitted for building permit.
9. Size of Plans: The size of construction plans submitted for building permits shall be 24
inches by 36 inches.
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10. 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.
11. Site Plan: Application for building permit shall include a competent site plan that
identifies property and proposed structures with dimensions and elevations as
appropriate. Site plan shall also include site drainage details. Site address and parcel
numbers shall also be clearly called out. Site parking and path of travel to public
sidewalks shall be detailed.
12. Change in Use: The proposed restaurant tenant improvement indicates an occupant load
of greater than 50. Because of the increased occupant load, the designated building
code use will become an `A' occupancy. Please incorporate all requirements for `A'
occupancy in the application documents and plans.
13. Title 24 Energy 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.
14. 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.
15. 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. The
specification sheet (size 24" X 36") is available at the Building Division service counter.
16. 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.
17. 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.
18. 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
19. 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
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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.
COUNTY FIRE DEPARTMENT
20. Kitchen Hood: Verify that the kitchen is equipped with a code-compliant UL 300
hood/duct extinguishing system that has been property maintained, inspected and
tagged by a properly licensed contractor.
21. Fire Sprinklers: Our records indicate that this building is equipped with fire sprinklers.
Modifications to the structure, including proposed interior remodeling, may required
modifications to the existing fire sprinkler system. A state of California licensed (C-16)
Fire Protection Contractor shall submit plans, calculations, a completed permit
application and appropriate fees to this department for review and approval prior to the
beginning of work.
22. Premise Identification: Approved numbers or addresses shall be placed on all new and
existing building in such a position as to be plainly visible and legible from the street or
road fronting the property. Numbers shall contrast with their background. CFC Sec. 505
PASSED AND ADOPTED thi:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
26th day of October, 2010, by the following roll call vote:
Alster, Cristina, Ebner, Gibbons, Resnikoff, Reynolds, and
Roseberry
None
None
None
l , ~~~~
APPROVED: ~ ~~°~
liz eth Gibbons, Chair
ATTEST: -`
Kirk einrich ,Secretary