PC Res 4030RESOLUTION NO. 4030
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
(PLN2011-137) TO ALLOW A CHANGE OF USE, LATE NIGHT
ACTIVITY AND GENERAL ON-SALE ALCOHOL SALES
ASSOCIATED WITH A NEW RESTAURANT USE (BLUE LINE PIZZA)
ON PROPRETY LOCATED AT 415 E. CAMPBELL AVENUE, IN THE
C-3 (CENTRAL BUSINESS DISTRICT) ZONING DISTRICT. FILE
NO.: PLN2011-137.
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 PLN2011-137:
Environmental Finding
1. The 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.
Evidentiary Findings
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 5,850 square-foot parcel, improved with a 9,485 square-
foot two-story building.
3. The project site is located along East Campbell Avenue between North Central Avenue
and Harrison Avenue.
4. The proposed project would allow the establishment of a new restaurant use within an
existing 3,633 sq. ft. vacant first floor tenant space previously occupied by a retail use.
5. A restaurant use is a permitted use within the C-3 zone district and would be allowed
within a Historic Resource Inventory property currently approved for retail with the
approval of a Conditional Use Permit for the change of use.
6. The project consists of minor exterior modifications, including the replacement of a
distressed wood entry door and a metal frame entry door with new wood entry doors to
match the existing architectural elements, and the refinishing of the window trim and
repainting to match.
7. The minor exterior modifications do not impact the historic integrity of the project site or
modify the existing prominent architectural features or overall design and will benefit
the project site.
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8. 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.
9. The approval of a Conditional Use Permit incorporates applicable operational
standards of the Downtown Alcohol Beverage Policy.
10. The Police Department has reviewed the project and is supportive of the project as
conditioned.
11. The hours of operation shall be restricted to:
• Business Hours: 11:00 AM to 10:00 PM, Sunday -Thursday
11:00 AM to 11:00 PM, Friday -Saturday
• Operational Hours: 8:00 AM to 12:00 AM, Sunday -Saturday
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 change of use is consistent with the City of Campbell Historic
Preservation Ordinance (Chapter 21.33);
4. The proposed change of use will not be detrimental to a structure or feature of
significant aesthetic, cultural, or engineering interest or value of an historical nature;
5. 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;
6. 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;
7. 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.
8. 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.
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9. The establishment will not result in an over-concentration of these uses in the
surrounding area;
10. The establishment will not create a nuisance due to litter, noise, traffic, vandalism, or
other factors;
11. The establishment will not significantly disturb the peace and enjoyment of the nearby
residential neighborhood; and,
12. The establishment will not significantly increase the demand on city services.
THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional
Use Permit (PLN2011-137) to allow a change of use, late night activity and general on-sale
alcohol sales associated with a new restaurant use (Blue Line Pizza) on property located at
415 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
1. Approved Project: Approval is granted for a Conditional Use Permit (PLN2011-137) to
allow general on-sale liquor sales and a change of use from retail to restaurant on
property listed on the Historic Resource Inventory, in conjunction with the establishment
of a new restaurant use (Blue Line Pizza), within an existing vacant tenant space. The
project shall substantially conform to the revised project plans stamped as received by
the Planning Division on July 29, 2011 and the project description stamped as received
by the Planning Division on June 21, 2011, except as may be modified by the conditions
of approval contained herein.
2. Conditional Use Permit Approval Expiration: The approval shall be valid for one year
from the date of final approval (August 19, 2012). Within this one-year period, the
proposed 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
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for a continuous period of twelve months shall void the Conditional Use Permit approved
herein.
3. 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.
4. Outdoor Seating Permit: Prior to the establishment of outdoor seating, an Outdoor
Seating Permit shall be obtained from the Planning Division in compliance with Section
21.10.060(H) of the Campbell Municipal Code, and the Conditions of Approval contained
herein.
5. 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 70 seat dining area and an ancillary 9 seat bar
(bar area).
a. Restaurant Seating/Patron Occupancy: Total indoor patron occupancy shall be
limited to 79 seated persons, consistent with the 70 dining area seats and 9 bar area
seats. At no time shall there be more than 79 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. 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).
c. 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.
d. Alcohol Beverage Service: Alcohol beverage service in the dining area shall only
be allowed in conjunction with food service. The dining area shall not be converted to
a bar area or dance area.
e. Bar Area Meal Service: Meal service shall be available in the bar area at all times.
f. Hours of Operation: Business Hours shall be restricted to 11:00 AM to 10:00 PM,
Sunday through Thursday and 11:00 AM to 11:00 PM Friday and Saturday. By the
end of Business Hours all patrons shall have exited the restaurant. The Hours of
Operation shall be restricted to 8:00 AM to 12:00 AM, Sunday through Saturday. By
the end of the Hours of Operation all employees shall be off the premises.
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g. 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 10:00 PM Sunday through Thursday and by 11:00 PM on Friday
and Saturday. Total patron occupancy in the outdoor seating shall be limited to the
number of approved seats as specified by an approved Outdoor Seating Permit.
h. 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 modify the business hours/hours of
operation, subject to the project being brought back to the Planning Commission for
review.
j. 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.
k. 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 Business Hour restrictions consistent with the
Conditional Use Permit approved herein.
I. 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.
m. Designated Driver Program: The establishment shall maintain and actively promote
a designated driver program (e.g., complimentary non-alcoholic beverages for
designated drivers).
n. Taxicab Service: The establishment shall post in a conspicuous place the telephone
numbers of local taxicab services.
o. Outdoor Activity: Other than outdoor seating, no outdoor activity (e.g., cooking) is
permitted in association with the establishment.
6. Securit If deemed necessary by the Chief of Police, uniformed, privately provided
security staff may be required in and/or around the premises.
7. Coordination Meetings: If deemed necessary by the Chief of Police, periodic meetings
may be conducted with representatives from the Police Department and State Alcohol
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Beverage Control for on-going employee training on alcoholic beverage service to the
general public.
8. Opaque Window: The applicant shall provide two color and material samples for review
and decision regarding appropriateness to the Community Development Director of the
opaque covering proposed for the 10 foot 6 inch wide by 4 foot tall window located on
the rear elevation. Community approval of the opaque covering is required prior to
installation.
9. Si na e: 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
restaurant tenant improvements to 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 C.B.C. Chapter 17, 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 C.B.C Appendix Chapter 1, Section 106. Please obtain City of
Campbell, Special Inspection forms from the Building Inspection Division Counter.
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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.
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. City of San Jose Department of Environmental Services
d. 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.
22. LEED for New Construction: Applicant shall complete and return LEED Project Checklist
prior to the issuance of a Building Permit.
Santa Clara County Fire Department
23. Project Review: Review of this development proposal is limited to acceptability of site
access and water supply as they pertain to fire department operations, and shall not be
construed as a substitute for formal plan review to determine compliance with adopted
model codes. Prior to performing any work, the applicant shall make application to, and
receive from, the Building Department all applicable construction permits.
24. Cookin E ui ment: Cooking equipment may require a fixed fire suppression system. A
detailed plan and written description of the process will be required prior to the issuance
of any permit.
PUBLIC WORKS DEPARTMENT
25. Encroachment Permit: An Encroachment Permit will be required for any work in the
public right-of-way. This would include any modifications to the sidewalk area to comply
with ADA access or the relocation of the City bike racks in front of the tenant space in
preparation of establishing an outdoor seating area.
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PASSED AND ADOPTED this 9th day of August, 2011, by the following roll call vote:
AYES: Commissioners: Alster, Brennan, Ebner, Resnikoff, Reynolds and
Roseberry
NOES: Commissioners: None
ABSENT: Commissioners: Gibbons
ABSTAIN: Commissioners: None
APPROVED: ~~
'~ Bob Roseberry, hair
ATTEST:
Ki Heinric s, Secretary