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CC Resolution 8238 RESOLUTION NO. 8238 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL RATIFYING PLANNING COMMISSION APPROVAL OF THE DOWNTOWN DEVELOPMENT PERMIT, AND A USE PERMIT TO ALLOW THE ESTABLISHMENT OF A RESTAURANT WITH AN OUTSIDE SEATING AREA AND A BEER AND WINE LICENSE, ON PROPERTY LOCATED AT 33 SOUTH CENTRAL AVENUE, IN A C-3-S (CENTRAL BUSINESS) ZONING DISTRICT; APPLICATION OF MR. ROBERT FITCH, FILE NOS. DDP 91-03, AND UP 91-19. After notification and Public Hearing as specified by law on the application of Mr. Robert Fitch, approving a Downtown Development Permit to allow the establishment of a restaurant with an outside seating area and a beer and wine license, on property located at 33 South Central Avenue, in a C-3-S (Central Business) Zoning District, as per the application filed in the Planning Department on August 16, 1991~ and, after presentation by the Planning Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the City Council did find as follows with respect to File No. DDP, and UP 91-19: 1. The proposed restaurant use is consistent with the objectives of the C-3-S Zoning District and is a permitted use subject to a Conditional Use Permit approval. 2. The architectural modifications and the proposed outside seating area will enhance the appearance of this use. 3. Existing uses are required to meet current parking standards when there is a increase in intensity which requires more parking than is currently provided unless the City Council, upon recommendation from the Planning Commission, finds that the existing parking will adequately meet the demands generated by the increase in intensity, and will not be detrimental to the overall parking and circulation in the area. The proposed use is an increase in intensity requiring an additional 14 parking spaces. 4. This permit contains conditions that ensure that the requested increase in intensity will not unduly deprive other properties of their fair share of parking, and requires the building owner to join a future parking district, should one be established. RESOLUTION NO. ________ Adopted by City Council on FEBRUARY 4,1992 page 2 5. The conditions of approval mitigate the potential parking problem. Therefore, the establishment, maintenance, and operation of the proposed use would not be detrimental to the health, safety, peace, morals, comfort or general welfare of the persons residing or working in the neighborhood of such use, or detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Based upon the foregoing findings of fact, the City Council concludes that: 1. The establishment, maintenance, and operation of the proposed use would not be detrimental to the health, safety, peace, morals, comfort or general welfare of the persons residing or working in the neighborhood of such use, or detrimental or injurious to property and improvements in the neighborhood of such use, or detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. 2. The proposed site is adequate in size and shape to accommodate the yards, wall, fences, parking and loading facilities, landscaping and other development features required in order to integrate said use with uses in the surrounding area. 3. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic use would generate. 4. The proposed use is compatible with the uses in the surrounding area. Based upon the above findings, the City Council ratifies the Planning Commission action approving the Downtown Development Permit, subject to the following Conditions of Approval: SITE AND BUILDING DESIGN 1. Revised Plans and Elevations: Revised elevations indicating full brick veneer on building as well as 4' screen wall to be submitted to the Planning Department and approved by the Planning Director upon recommendation of the Architectural Advisor prior to application for a building permit. The awnings shall utilize a fade resistent material subject to approval of the Planning Director. (Planning) RESOLUTION NO. ________ Adopted by City Council on FEBRUARY 4,1992 page 3 2. Approved Project: This approval is for a restaurant located on a 7,278 square foot site identified as Assessor's Parcel Number 412-07-032. Development shall be substantially as shown on the project materials listed below, except as may be modified by conditions contained herein: (Planning) a. Project drawings for Mr. Tomovic prepared by Richard Haro consisting of 4 sheets received 1/3/92. b. Color board on-file in the Planning Department. c. Restaurant use and hours shall substantially conform to "Description of Request" prepared by applicant. d. Restaurant hours to be limited to 6:00 a.m., to 10:00 p.m. (7 days a week). Customers shall not be admitted after 10:00 p.m.; however, customers admitted prior to 10:00 p.m., and seated within the enclosed building area may remain until closing to continue viewing a live broadcast sporting event. All other broadcasting shall cease. The outdoor seating area shall not be used after 10:00 p.m., or before 6:00 a.m. e. Use Permit approval allows an on sale beer and wine license in conjunction with a food service operation at this location only. Off-sale liquor sales and on-site general liquor sales is not permitted pursuant to the Alcohol Beverage Control (ABC) licensing. No alcoholic beverages shall be served after 12 Midnight. f. No live entertainment is permitted. 3. Seating and Occupancy: The interior "concession counters" shall be designed to dispense food products. They shall not be used or designed to encourage stand up consumption of food and beverage at the counter areas. No stools or other seating is permitted in these areas. Seating is strictly limited to 100 interior seats and 24 outside seats. 4. Six Month Review: The City Council shall review the Use Permit six months after commencement of operation to verify that the applicant is complying with the conditions of approval. The City Council reserves the right to limit the hours of operation or the number of late evening events (past 10:00 p.m., closing time) if the use results in frequent late evening broadcasts. (Planning) 5. No Outside Speakers: No music, public address systems, or speakers are permitted outside of the building. (Planning) 6. Noise: The applicant shall retain an acoustical consultant to demonstrate to the satisfaction of the Planning Director that noise levels from patrons or RESOLUTION NO. Adopted by City Council on FEBRUARY 4,1992 page 4 broadcasts will not be disruptive to the adjoining businesses. (Planning) LANDSCAPING 7. Landscaping: Landscaping plan indicating type and size of plant material, and located irrigation system to be submitted to the Planning Department and approved by the Site and Architectural Review Committee prior to issuance of a building permit. Landscape plans to address landscaping along Central Avenue frontage and the outside seating area located on the parking district parcel. (Planning) STREET fSITE IMPROVEMENTS 8. Signs: Sign application to be submitted in accordance with provisions of the Sign Ordinance for all signs. No sign to be installed until application is approved and permit issued by Planning and Building Departments (Section 21.53 of the Campbell Municipal Code). (Planning) PROPERTY MANAGEMENT fUTILITIES 9. Garbage Collection: Ordinance No. 782 of the Campbell Municipal Code stipulates that any contract for the collection and disposal of refuse, garbage, wet garbage and rubbish produced within the limits of the City of Campbell shall be made with Green Valley Disposal Company. This requirement applies to all single-family dwellings, multiple family dwellings, and all commercial, business, industrial, manufacturing, and construction establishments. (Fire) 10. Trash Containers: Trash container(s) of a size and quality necessary to serve the development shall be located in area(s) approved by the Fire Department. Unless otherwise noted, enclosure(s) shall consist of a concrete floor surrounded by a solid wall or fence and have self-closing doors of a size specified by the Fire Department. All enclosures to be constructed at grade level and have a level area adjacent to the trash enclosure area to service these containers. (Fire) PARKING 11. Employee Parking: The applicant shall require that employees park in the parking district parking structure located on First Street except where . otherwise required to reasonably accommodate handicapped individuals. (Planning) 12. Parking Agreement: Applicant shall enter an agreement providing that in the event that a parking district is formed or that the existing parking district RESOLUTION NO. ________ Adopted by City Council on FEBRUARY 4,1992 page 5 is expanded within 20 years from the date of project approval, that would benefit this property, that the tenant and/or owner shall, at that time, either: a. Participate in said parking district or expansion to the extent of 14 parking spaces; or b. Revert the use of the restaurant to 68 seats. Said agreement shall be in a form acceptable to the City Attorney and shall be executed prior to issuance of building permits. PUBLIC SAFETY/WELFARE 13. Handicapped Requirements: Applicant shall comply with all appropriate State and City requirements for the handicapped. (Building) 14. Equipment Screening: All mechanical equipment on roofs and all utility meters to be screened for approval by the Planning Director. (Planning) 15. Performance Bond: Applicant to either (1) post a faithful performance bond in the amount of $4,000 to ensure landscaping and fencing; or (2) file a written agreement to complete landscaping, fencing and striping of parking areas. Bond or agreement to be filed prior to application for a building permi 1. (Planning) PUBLIC WORKS DEPARTMENT 16. Prior to obtaining the building permits, applicant must provide evidence that the tenant has completed a licensing agreement for use of the parking district property to the satisfaction of the City Attorney and Public Works Director. 17. Reimburse City for all outstanding debts regarding previous maintenance of the area. 18. Provide three sets of grading and drainage plans for review by the City Engineer, including relationships to adjacent properties. 19. 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 the trash enclosure, and irrigation and landscaping. 20. Relocate the trash enclosure to a location approved by the Public Works Director and Planning Director. Provide revised plans showing design and location, both subject to City approval. The trash enclosure shall be completed and operational prior to release of final occupancy for the use. RESOLUTION NO. _________ Adopted by City Council on FEBRUARY 4,1992 page 6 BUILDING DEPARTMENT 21. Verify existing use and construction of proposed second floor area. Engineering calculations required. UOC 302(d). 22. Second story railings shall conform to UBC 1711. 23. Maximum occupant load of building is 264 (AJ occupancy) UBC Table SA. Division A3 occupancy above the first story is required to be minimum of one hour (l-hr) fire resistive construction. UOC 602(b). FIRE DEPARTMENT 24. The following exiting concerns shall be reviewed with the Fire Department to insure compliance with CCR, Title 19 and Title 24 for a Group A, Division 3 occupancy: a. Exiting from the second floor. b. Exiting from the building and through the patio area. c. Fire rated corridor and lobby. d. Maintaining proper aisles. e. Exit signs and illumination. f. Panic hardware. Further, the applicant is notified as part of this application that he is required to comply with all applicable Codes and Ordinance of the City of Campbell and the State of California which pertain to this development and are not herein specified. PASSED AND ADOPTED this 4th day of February 1992, by the following roll call vote: AYES: NOES: ABSENT: Councilmembers: Councilmembers: Councilmembers Kotowski, Conant, Ashworth, Watson, Burr None None ATTEST: ,i ~~~i~~ APPROVED: ~ ~~ onald R Burr, MAYOR - , ' 33 South Central Avenue DDP 91-o3/UP 91-19 City Council meeting: 2/4/92 Standard Development Schedule 1. Construction to begin within one year of City Council ratification. 2. Construction to be completed within one year of commencing construction.