PC Res 4019RESOLUTION NO. 4019
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
(PLN2010-169) TO ALLOW A GENERAL ON-SALE LIQUOR LICENSE
AND LATE NIGHT OPERATIONAL HOURS IN CONJUNCTION WITH
EXPANSION OF AN EXISTING RESTAURANT (CHACHO'S TACOS)
INTO AN ADJACENT TENANT SPACE, ON PROPERTY OWNED BY
MARGERY RAFFANTI LOCATED AT 266 E. CAMPBELL AVENUE IN
THE C-3 (CENTRAL BUSINESS DISTRICT) ZONING DISTRICT.
FILE NO.: PLN2010-169.
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 PLN2010-169:
1. The project site is zoned C-3 (Central Business District) and designated Central
Commercial by the General Plan Land.
2. The project site consists of a 6,720 square-foot parcel, improved with a 3,941 square-
foot single-story building.
3. The project site is located along East Campbell Avenue between Second and First
Streets.
4. The proposed project would expand an existing 1,210 square-foot restaurant into an
adjacent 1,233 square-foot vacant tenant space, resulting in a 2,443 square-foot
restaurant space.
5. The existing restaurant space is permitted beer and wine sales pursuant to Campbell
Municipal Code Sec. 21.10.060(F)(2) and late-night operational hours pursuant to
Conditional Use Permit PLN2004-188/PLN2006-157.
6. Approval of this Conditional Use Permit (PLN2010-169), would supersede the
previously approved Conditional Use Permit.
7. Pursuant to Campbell Municipal Code Sec. 21.10.060(I)(3)(a), retail uses and standard
restaurants may occupy an existing building and shall not be required to provide
additional parking unless the building is expanded.
8. An expansion of a restaurant with general on-sale liquor sales is compatible with the C-3
(Central Business District) zoning designation with approval of a Conditional Use Permit.
9. The approval of a Conditional Use Permit incorporates applicable operational standards
of the Downtown Alcohol Beverage Policy, as deemed appropriate by the Planning
Commission.
Planning Commission Resolution No. 4019
PLN2010-169 - 266 E. Campbell Avenue -Use Permit - Chacho's Tacos
Paae 2
10. The hours of operation shall be restricted to:
• Business Hours
• Operational Hours:
8:00 AM to 1:00 AM, Sunday -Monday
7:00 AM to 2:00 AM, Sunday -Monday
11. The sale of alcohol shall be restricted to 8:00 AM to 11:00 PM, Sunday -Monday
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. 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 Campbell Municipal Code;
2. The proposed use is consistent with the General Plan;
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 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. 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.
Planning Commission Resolution No. 4019
PLN2010-169 - 266 E. Campbell Avenue -Use Permit - Chacho's Tacos
Paae 3
THEREFORE, BE IT RESOLVED that the Planning Commission grants a Conditional Use
Permit (PLN2010-169) to allow a general on-sale liquor license and late night operational
hours in conjunction with expansion of an existing restaurant (Chacho's Tacos) into an
adjacent tenant space, on property owned by Margery Raffanti located at 266 E. Campbell
Avenue in the C-3 (Central Business District) 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: Approval is granted for a Conditional Use Permit (PLN2010-169) to
allow general on-sale liquor sales and late-night operational hours in conjunction with
expansion of an existing restaurant into an adjacent tenant space. The project shall
substantially conform to the revised project plans stamped as received by the Planning
Division on March 2, 2011 and the revised project description stamped as received by
the Planning Division on January 24, 2011, except as may be modified by the conditions
of approval contained herein.
2. Previous Conditional Use Permit: Upon the effective date of the Resolution approving
this Conditional Use Permit (PLN2010-169), the previously approved Conditional Use
Permit for late-night operations (PLN2004-188/PLN2006-157) shall be void and shall
permanently be superseded by the Conditional Use Permit approved herein.
3. Conditional Use Permit Approval Expiration: The approval shall be valid for one year
from the date of final approval (April 22, 2012). Within this one-year period, the
expanded restaurant must be established on the property and a Type 47 Alcoholic
Beverage Control (ABC) license secured or the Conditional Use Permit shall be
rendered void. Once established, approval for the use shall be valid in perpetuity with
continued operation of the use. Abandonment, discontinuation, or ceasing of operations
for a continuous period of twelve months shall void the Conditional Use Permit approved
herein.
4. 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 this approval by the Planning Commission.
Planning Commission Resolution No. 4019
PLN2010-169 - 266 E. Campbell Avenue -Use Permit - Chacho's Tacos
Page 4
5. Outdoor Seating Permit: Prior to issuance of a building permit, an Outdoor Seating
Permit shall be granted in compliance with Section 21.10.060(H) of the Campbell
Municipal Code, and the Conditions of Approval contained herein.
6. Operational Standards: Consistent with Downtown Alcohol Beverage Policy and other
City standards, any restaurant operating pursuant to the Conditional Use Permit
approved herein shall conform to the following operational standards. The approved use
is a full service restaurant that includes a dining area, an ancillary 10-seat bar (bar area),
and an outdoor seating area.
a. Restaurant Seating/Patron Occupancy: Total indoor patron occupancy shall be
limited to 40 seated persons, consistent with the 30 dining area seats and 10 bar
area seats. At no time shall there be more than 40 patrons within the establishment.
It is the responsibility of the business owner to provide adequate entrance controls to
ensure that patron occupancy is not exceeded.
b. Bar Area Seating: The bar area shall be constructed as shown on the approved
plans. Future changes to the bar area shall not increase the bar area seating to more
than 25% of the total seating allowed for the establishment (10 seats).
c. Food Service: Full menu food service shall be provided at all times during the
Business Hours in the dining, outdoor seating, and bar areas (i.e., the kitchen shall
not be closed).
d. Live Entertainment: No live entertainment is permitted as part of the Conditional
Use Permit approval, including live music, disc jockey, karaoke, and dancing. Future
requests for live entertainment shall be through approval of a Modification to the
Conditional Use Permit and shall be limited to live musicians complimentary to the
primary purpose of proving meal service.
e. Alcohol Beverage Service: Alcohol beverage service shall be limited to 8:00 AM to
11:00 PM, Sunday through Saturday. Within the dining area, alcohol beverage
service shall only be allowed in conjunction with food service. Further, the dining area
shall not be converted to a bar area or dance area.
f. Bar Area Meal Service: Meal service shall be available in the bar area at all times.
g. Hours of Operation: Business Hours shall be restricted to 8:00 AM to 1:00 AM,
Sunday through Saturday. 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 2:00 AM,
Sunday through Saturday. By the end of the Hours of Operation all employees shall
be off the premises.
h. Outdoor Seating: Outdoor seating shall be considered part of the dining area
subject to all restrictions herein. Outdoor seating area shall be closed (all patrons
shall have exited) by 11:00 PM. Total patron occupancy in the outdoor seating shall
Planning Commission Resolution No. 4019
PLN2010-169 - 266 E. Campbell Avenue -Use Permit - Chacho's Tacos
Page 5
be limited to the number of approved seats as specified by an approved Outdoor
Seating Permit.
i. Loitering: There shall be no loitering allowed outside the business and within the
outside dining area. The business owner is responsible for monitoring the premises
to prevent loitering.
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 establishment shall not be audible to a person of
normal hearing capacity from any residential property. In the event verified
complaints are received by the City regarding such noise, the Community
Development Director may immediately require that the outdoor seating area, and all
doors (including the roll-up doors) and windows be closed at 10:00 PM and/or modify
the business hours/hours of operation, subject to the project being brought back to
the Planning Commission for review.
k. 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.
Liquor License: Prior to building permit final, the applicant shall obtain and maintain
in good standing a Type 47 license from the State Department of Alcoholic Beverage
Control. The license shall include the Alcohol Beverage Service restrictions (8:00 AM
to 11:00 PM, Sunday through Saturday) consistent with the Conditional Use Permit
approved herein.
m. Employee Training: 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.
n. Designated Driver Program: The establishment shall maintain and actively promote
a designated driver program (e.g., complimentary non-alcoholic beverages for
designated drivers).
o. Taxicab Service: The establishment shall post in a conspicuous place the telephone
numbers of local taxicab services.
p. Outdoor Activity: Other than outdoor seating, no outdoor activity (e.g., cooking) is
permitted in association with the establishment.
q. Doors and Windows: All doors (including the roll-up doors) and windows shall
remain closed after 11:00 PM.
7. Securit : If deemed necessary by the Chief of Police, uniformed, privately provided
security staff may be required in and/or around the premises.
Planning Commission Resolution No. 4019
PLN2010-169 - 266 E. Campbell Avenue -Use Permit - Chacho's Tacos
Page 6
8. Coordination Meetings: If deemed necessary by the Chief of Police, periodic meetings
may be conducted with representatives from the Police Department and State Alcohol
Beverage Control for on-going employee training on alcoholic beverage service to the
general public.
9. Signage: No signage is approved as part of the Conditional Use Permit. All existing
external neon signs shall be placed on the inside surface of the storefront windows in
compliance with Municipal Code.
Building Division
10. Permits Required: A building permit application shall be required for the proposed
enlargement of and change of use for the existing commercial structure. The building
permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the
permit.
11. Construction Plans: The conditions of approval shall be stated in full on the cover sheet
of construction plans submitted for building permit.
12. Size of Plans: The size of construction plans submitted for building permits shall be 24"
by 36".
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
Planning Commission Resolution No. 4019
PLN2010-169 - 266 E. Campbell Avenue -Use Permit - Chacho's Tacos
Page 7
18. Title 24 Accessibility -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.
19. Title 24 Accessibility -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.
20. 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. Santa Clara County Department of Environmental Health
21. 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
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.
PUBLIC WORKS DEPARTMENT
22. Private Improvements Agreement: Prior to issuance of a building permit for the property,
the applicant shall request an amended encroachment permit or execute an "Agreement
for Private improvements in the Public Right of Way". An existing Agreement for Private
improvements in the Public Right of Way exists but does not accurately reflect the
existing site conditions. The related encroachment permit can be amended by the City
but the applicant would need to submit sufficient documentation outlining the existing
conditions. This would be required to allow the existing private improvements located in
the public right of way along the frontage of the subject property, and any other non-City
standard improvements, to remain.
PASSED AND ADOPTED this 12th day of April, 2011, by the following roll call vote:
AYES: Commissioners: Alster, Ebner, Gibbons, Resnikoff, Reynolds and
Roseberry
NOES: Commissioners: None
ABSENT: Commissioners: Brennan
ABSTAIN: Commissioners: None
APPROVED: ~~~
Bob Roseberry, C air
ATTEST:
Paul Ker~foyan, Acting Secretary