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.