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PC Res 4032RESOLUTION NO. 4032 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2011-156) TO ALLOW GENERAL LIQUOR SALES AND MINOR INTERIOR REMODEL IN CONJUNCTION WITH AN EXISTING RESTAURANT (MAMA MIA'S) ON PROPERTY LOCATED AT 200 E. HAMILTON AVENUE IN A C-2 (GENERAL COMMERCIAL) ZONING DISTRICT. FILE NO.: PLN2011-156 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 PLN2011-156 Environmental Finding 1. The project qualifies as a Categorically Exempt project per Section 15301 Class 1 of the California Environmental Quality Act (CEQA) pertaining to minor alterations to an existing private structure, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. Evidentiary Findings 1. The project site is located at the southeast corner of East Hamilton Avenue and North 3ra Street. 2. The project site consists of a 4,016 square foot existing commercial building. 3. The project site is zoned C-2 (General Commercial) on the City of Campbell Zoning Map and is designated General Commercial on the City of Campbell General Plan Land Use Map. 4. The proposed project will be compatible with the C-2 (General Commercial) with the approval of a Conditional Use Permit. 5. The Police Department has reviewed the project and is supportive of the project as conditioned. 6. The hours of operation shall be restricted to: • Business Hours: 11:30 AM to 11:00 PM, Daily • Operational Hours: 10:00 AM to 12:00 AM, Daily Planning Commission Resolution No. 4032 PLN2011-156 - 200 E. Hamilton Avenue -Use Permit -General Liquor Sales (Mama Mia's) Page 2 7. The proposed general alcohol sales in conjunction with a restaurant use will be compatible with the C-2 (General Commercial) zoning designation with approval of a Conditional Use Permit and is consistent with the Commercial General Plan land use designation. 8. The proposed project is consistent with other developments and uses in the surrounding area. 9. Minor interior modifications to the building are proposed in conjunction with the proposed general alcohol sales. 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 establishment of a restaurant use with general alcohol sales and limited late night activity will not result in an over concentration of such uses in the area. 6. The establishment of a restaurant use with general alcohol sales and limited late night activity will not create a nuisance due to litter, noise, traffic, vandalism, or other factors. 7. The establishment of a restaurant use with general alcohol sales and limited late night activity, as conditioned, will not significantly disturb the peace and enjoyment of the nearby residential neighborhood. 8. The establishment of a restaurant use with general alcohol sales and limited late night activity will not significantly increase the demand on City services. 9. 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. Planning Commission Resolution No. 4032 PLN2011-156 - 200 E. Hamilton Avenue -Use Permit -General Liquor Sales (Mama Mia's) Page 3 10. 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. 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. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit (PLN2011-156) to allow general liquor sales and minor interior remodel in conjunction with an existing restaurant (Mama Mia's) on property located at 200 E. Hamilton Avenue in a C-2 (General Commercial) 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 (PLN2011-156) to allow limited late night activity and general alcohol sales associated with an existing restaurant use (Mama Mia's) within an existing 4,016 square foot commercial building. The project shall substantially conform to the revised project plans stamped as received by the Planning Division on July 12, 2011, except as may be modified by the Conditions of Approval herein. 2. Planning Final Required: Planning Division clearance is required prior to Building Permit final. Construction not in substantial compliance with the approved project plans shall not be approved without prior authorization of the necessary approving body. 3. Conditional Use Permit Approval Expiration: The approval shall be valid for one year from the date of final approval. Within this one-year period, the use must be established on the property and a City Business License obtained or the Conditional Use Permit shall be rendered void. Once established, approvals for the use shall be valid in perpetuity with continued operation of the use. Abandonment, discontinuation, or Planning Commission Resolution No. 4032 PLN2011-156 - 200 E. Hamilton Avenue -Use Permit -General Liquor Sales (Mama Mia's) Paae 4 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. 5. Operational Standards: Consistent with City standards, any restaurant operating pursuant to the Conditional Use Permit approved herein shall conform the following operational standards: a. Maximum Occupancy: The maximum patron occupancy for this tenant space shall not exceed the maximum number of seats allowed pursuant to the Conditional Use Permit approval, or 98 persons. b. Restaurant Seating: Total seating in the restaurant shall be limited to 98 seats, including bar seating. 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. 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. f. Bar Meal Service: Meal service shall be permitted in the bar at all times. g. Hours of Operation: Business Hours shall be restricted to 11:30 AM to 11:00 PM, daily. By the end of Business Hours all patrons shall have exited the restaurant. The Hours of Operation shall be restricted to 10:00 AM to 12:00 AM, daily. By the end of the Hours of Operation all employees shall have exited the restaurant. h. Outdoor Seating: No outdoor seating is permitted as part of the Conditional Use Permit. Future requests for outdoor seating shall be through approval of a Modification to the Conditional Use Permit in compliance Campbell Municipal Code Sec. 21.36.150. i. Doors and Windows: All doors and windows shall remain closed after 10:00 PM. j. Loitering: There shall be no loitering allowed outside the business. The business owner is responsible for monitoring the premises to prevent loitering. k. 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. I. 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. Planning Commission Resolution No. 4032 PLN2011-156 - 200 E. Hamilton Avenue -Use Permit -General Liquor Sales (Mama Mia's) Page 5 m. Liquor License: Prior to application for a City Business License, the applicant shall obtain a Type 47 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. n. Outdoor Cooking: No outdoor cooking (i.e., grilling, smoking, etc.) is permitted in association with the establishment. 6. Parking: All parking and driveway areas shall be maintained in compliance with the standards in Chapter 21.28 (Parking & Loading) of the Campbell Municipal Code. 7. Compliance with Other Regulations: The applicant shall comply with all state, county, and city regulations and laws that pertain to the proposed project. 8. On-Site Lighting: On-site lighting shall be shielded away from adjacent properties and directed on site. The design and type of lighting fixtures and lighting intensity of any proposed exterior lighting for the project shall be reviewed by the Community Development Director prior to installation of the lighting for compliance with all applicable Conditions of Approval, ordinances, laws and regulations. The Director will have the authority to reject, approve or request modifications to the lighting design to achieve these goals. 9. Construction Activities: The applicant shall abide by the following requirements during construction: a. The project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street prior during all periods of construction. b. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00 p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take place on Sundays or holidays unless an exception is granted by the Building Official. c. All construction equipment with internal combustion engines used on the project site shall be properly muffled and maintained in good working condition. d. Unnecessary idling of internal combustion engines shall be strictly prohibited. e. All stationary noise-generating construction equipment, such as air compressors and portable power generators, shall be located as far as possible from noise-sensitive receptors such as existing residences and businesses. f. Use standard dust and erosion control measures that comply with the adopted Best Management Practices for the City of Campbell. Building Division 10. Permits Required: A building permit application shall be required for the proposed alterations to the existing commercial structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. Planning Commission Resolution No. 4032 PLN2011-156 - 200 E. Hamilton Avenue -Use Permit -General Liquor Sales (Mama Mia's) Paae 6 __ 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 minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 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 Eneray Compliance: California Title 24 Energy Compliance forms shall be blue- lined on the construction plans. 8'/z X 11 calculations shall be submitted as well. 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. 17. Non-point Pollution Control Program: 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. Santa Clara County Department of Environmental Health Planning Commission Resolution No. 4032 PLN2011-156 - 200 E. Hamilton Avenue -Use Permit -General Liquor Sales (Mama Mia's) Paae 7 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. PASSED AND ADOPTED this AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: APPROVED: Bob Roseberry,C ATTEST: Kirk Fi is s, Secretary 23rd day of August, 2011, by the following roll call vote: Alster, Brennan, Gibbons, Resnikoff and Reynolds Roseberry None Ebner None ~-