PLANNING COMMISSION City of Campbell, California. 7:30 P.M. April 28, 2015 City Hall Council Chambers AGENDA

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1 PLANNING COMMISSION City of Campbell, California 7:30 P.M. April 28, 2015 City Hall Council Chambers Tuesday AGENDA ROLL CALL APPROVAL OF THE MINUTES April 14, 2015 COMMUNICATIONS AGENDA MODIFICATIONS OR POSTPONEMENTS ORAL REQUESTS This is the point on the agenda where members of the public may address the Commission on items of concern to the Community that are not listed on the agenda this evening. People may speak up to 5 minutes on any matter concerning the Commission. CONSENT A. Review and approval of corrections to the Planning Commission s adopted minutes and resolution from the meeting of September 9, 2014, for PLN (200 E. Hacienda Avenue/1315 & 1357 Dell Avenue) for a Master Sign Plan with Sign Exception for the Vasona Technology Park. PUBLIC HEARINGS 1. PLN Public Hearing to consider the application of Alex Orner for a Modification (PLN ) to a previously approved Conditional Use Permit (PLN ) to allow for the continued operation of an existing free-standing wireless telecommunications facility, associated ground mounted equipment enclosure and supporting equipment, on property on property located at 1675 S. Winchester Boulevard in the P-F (Public Facility) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission action final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Stephen Rose, Associate Planner

2 Planning Commission Agenda for April 28, 2015 Page 2 2. PLN /254 Public Hearing to consider the application of Sequoia Equities for a Modification (PLN ) to a previous Site Approval (S 72-44) to alter the parking configuration of the La Valencia apartment community to restore the required number of parking spaces and a Variance (PLN ) to allow use of reduced parking stall dimensions, on property located at 350 Budd Avenue in the R-3 (Multiple-Family Residential) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission action final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Daniel Fama, Associate Planner 3. PLN Public Hearing to consider the application of The Socialight for a Modification (PLN ) to a previous Site and Architectural Review Permit (S 98-17) to allow changes to the original floor plan including obscuring one exterior storefront window on property located at 368 E. Campbell Avenue in the C-3 (Central Business District) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission action final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Aki Honda Snelling, Planning Manager REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR ADJOURNMENT Adjourn to the next regularly scheduled Planning Commission meeting of May 12, 2015, at 7:30 p.m., in the City Hall Council Chambers, 70 North First Street, Campbell, California.

3 CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY APRIL 14, 2015 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of April 14, 2015, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Finch and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Chair: Pamela Finch Vice Chair: Cynthia L. Dodd Commissioner: Ron Bonhagen Commissioner: Yvonne Kendall Commissioner: Philip C. Reynolds, Jr. Commissioner: Michael L. Rich Commissioner: Donald C. Young Commissioners Absent: Staff Present: APPROVAL OF MINUTES None Community Development Director: Planning Manager: Senior Planner: Associate Planner: Associate Planner: City Attorney: Recording Secretary: Paul Kermoyan Aki Honda Snelling Cindy McCormick Daniel Fama Stephen Rose William Seligmann Corinne Shinn Motion: Upon motion by Commissioner Kendall, seconded by Commissioner Reynolds, the Planning Commission minutes of the meeting of March 24, 2015, were approved with a minor correction on page 11. ( ; Chair Finch abstained)

4 Campbell Planning Commission Minutes for April 14, 2015 Page 2 COMMUNICATIONS None AGENDA MODIFICATIONS OR POSTPONEMENTS None ORAL REQUESTS None PUBLIC HEARINGS Chair Finch read Agenda Item No. 1 into the record as follows: *** 1. PLN Stout, B. Public Hearing to consider the application of Brandon Stout for a Site and Architectural Review Permit (PLN ) to allow construction of a new two-story single family residence reusing portions of the existing home on property located at 1247 Audrey Avenue in the R-1-10 (Single-Family Residential) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission action final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Stephen Rose, Associate Planner Mr. Stephen Rose, Associate Planner, presented the staff report. Commissioner Dodd presented the Site and Architectural Review Committee report as follows: SARC reviewed this project on March 24, 2015, and was supportive with two recommended changes. Explained that the first proposed change was the shortening of the dormers. The applicant complied with that request. Added that the second recommendation was to incorporate a different siding with an alternate material to create enhanced visual appearance. The applicant submitted a written request to be relieved of this requirement. A condition requiring this modification was drafted in the staff report. Chair Finch opened the Public Hearing for Agenda Item No. 1. Jo-Ann Fairbanks, Resident on Hacienda Ave: Stated that Campbell is a morphing City. As development proceeds there are glaring gaps in daylight planes that are transforming living as we know it.

5 Campbell Planning Commission Minutes for April 14, 2015 Page 3 Said that applicants want as much as they can get while existing residents want to lose as little as they can. Stated that this proposal aligns with the intent of the San Tomas Area Neighborhood Plan (STANP) and its stated vision for our City. This design gives more because of its roof design and helps to improve the neighborhood in a way that is a win-win for everyone. Thanked the applicant, project architect, Planning staff and the Commission for their diligence on this project. Chair Finch closed the Public Hearing for Agenda Item No. 1. Commissioner Reynolds asked SARC what their justification is for their recommended modification (#2) regarding change of material on a portion of the siding. Commissioner Kendall said that SARC found that elevation to look plain and this recommendation was intended to result in more visual interest. She admitted that the elevation is not as plain looking as drawn with plants below the window. It looks better than remembered. Commissioner Reynolds said he agreed and said that he would not want to impose something on the applicant that they don t want when the landscaping would obscure that anyway. Commissioner Kendall agreed that it looks better with landscaping. Commissioner Reynolds said that this is a beautiful project as it is that will accent its neighborhood. He will support this as preferred by the applicant. Motion: Upon motion of Commissioner Kendall, seconded by Commissioner Dodd the Planning Commission adopted Resolution No granting a Site and Architectural Review Permit Permit (PLN ) to allow construction of a new twostory single family residence reusing portions of the existing home on property located at 1247 Audrey Avenue with the elimination of Condition 5 as being unnecessary, subject to the conditions of approval, by the following roll call vote: AYES: Bonhagen, Dodd, Finch, Kendall, Reynolds, Rich and Young NOES: None ABSENT: None ABSTAIN: None Chair Finch advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** Chair Finch read Agenda Item No. 2 into the record as follows:

6 Campbell Planning Commission Minutes for April 14, 2015 Page 4 2. PLN Skarbek, B. Public Hearing to consider the application of Brian Skarbek for a Conditional Use Permit (PLN ) to allow general alcohol sales in conjunction with an existing restaurant (Sorelle Italian Bistro) on property located at 915 S. San Tomas Aquino Road in the P-D (Planned Development) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission action final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Stephen Rose, Associate Planner Mr. Stephen Rose, Associate Planner, presented the staff report. Chair Finch asked if there were questions of staff. Commissioner Dodd asked which standard conditions of approval referenced by staff are intended to help prevent a restaurant use from turning into a bar use. Planner Stephen Rose said that they are conditions such as the ones restricting the number of high top chairs and/or tables (Condition 4b). Others include the limitation to four bar stools and the requirement that a full menu be available at all times. He concluded that the approved use and conditions defines the operation. Planning Manager Aki Honda Snelling added that another means is that the use does not include (allow) live entertainment. It is strictly a family-style restaurant. Commissioner Rich asked about the reduction in hours from midnight to 10 p.m. Planner Stephen Rose said that the total operational hours will be from 11 a.m. to 11 p.m. on Sunday and from 11 a.m. to 11 p.m. the rest of the week. Chair Finch opened the Public Hearing for Agenda Item No. 1. Chair Finch closed the Public Hearing for Agenda Item No. 1. Commissioner Kendall: Stated that she likes the idea of shortened hours. It makes sense given that this is really a neighborhood place. Added that she is glad to hear that Campbell Police Department has no concern. Commissioner Reynolds: Said that this reminds him of when Mama Mia s made the same change. It has worked out well. Stated that he often goes to this restaurant. Concluded that he will be supportive. Chair Finch: Said that she too really likes the idea.

7 Campbell Planning Commission Minutes for April 14, 2015 Page 5 Asked staff if it was the applicant s idea to shorten their hours. Said that it s nice to see the reduced hours in a family environment. Reminded that the hours run with the property for future uses as well. Concluded that she looks forward to going back to eat there. Motion: Upon motion of Commissioner Dodd, seconded by Commissioner Reynolds, the Planning Commission adopted Resolution No approving a Conditional Use Permit (PLN ) to allow general alcohol sales in conjunction with an existing restaurant (Sorelle Italian Bistro) on property located at 915 S. San Tomas Aquino Road, subject to the conditions of approval, by the following roll call vote: AYES: Bonhagen, Dodd, Finch, Kendall, Reynolds, Rich and Young NOES: None ABSENT: None ABSTAIN: None Chair Finch advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. Chair Finch read Agenda Item No. 3 into the record as follows: *** 3. PLN Pouya Public Hearing to consider the application of Carol and Hamid Pouya for a Modification (PLN ) to a previously approved Conditional Use Permit (PLN ) to allow a minors (under 21) in the outdoor seating area, a change in weekend business hours (to open at 11 a.m.), and a change in alcohol license type, for an existing wine bar (Tessora s Barra di Vino) on property located at 234 E. Campbell Avenue in the C-3 (Central Business District) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission action final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Daniel Fama, Associate Planner Mr. Daniel Fama, Associate Planner, presented the staff report. Chair Finch asked if there were any questions of staff. Commissioner Rich asked if the Police Department was supportive of this request. Planner Daniel Fama replied yes.

8 Campbell Planning Commission Minutes for April 14, 2015 Page 6 Commissioner Dodd asked what about if/when a child dining on the patio needs to use a restroom. Planner Daniel Fama advised that there a provision in the ABC regulations that would allow access for use of the restrooms. Commissioner Kendall presented the Site and Architectural Review Committee report as follows: SARC reviewed this project Chair Finch opened the Public Hearing for Agenda Item No. 3. Carol Pouya, Business Owner/Applicant: Said that she was before this Commission about 18 months ago. Added that she is very happy to be located on Campbell Avenue in the Downtown. Said that she has not been able to take advantage of the Farmers Market, which draws lots of younger families with small children in strollers. Reported that when she advises that she cannot allow minors into her business location, they get upset. Advised that their idea is to utilize their outdoor patio area as a family-serving seating. Reminded that they have a fully operational kitchen. Distributed her anticipated brunch menu for Sundays. Said that presently they are not open until 3 p.m. on Sundays. This change will allow them to serve those families who are already downtown for the Farmers Market. Commissioner Kendall said this is a brilliant idea and thanked Ms. Pouya for providing her sample menu. Chair Finch closed the Public Hearing for Agenda Item No. 3. Commissioner Reynolds: Said that he will be supporting this application. Opined that this has been a model business for our City. Added that he likes having book end wine bars in the Downtown. Said that this outdoor patio proposal is more family oriented and he likes their proposed brunch menu. Commissioner Kendall: Said that she agrees wholeheartedly. Added that she appreciates a family-oriented Downtown. Said that this use of the patio for family dining will enhance this use and is a good idea. Commissioner Dodd: Agreed.

9 Campbell Planning Commission Minutes for April 14, 2015 Page 7 Said that it will be nice to see restaurant use of the patio seating area in order to allow this business to capitalize on the families drawn Downtown on Sundays by the Farmers Market. Pointed out that this business owner has looked at what people want and is willing to provide that service. Stated that she will absolutely support this use. Chair Finch: Agreed that this is a model business. Added that it will be wonderful for this business to be able to serve younger families on their patio while still complying with ABC regulations with the interior space. Motion: Upon motion of Commissioner Reynolds, seconded by Commissioner Dodd, the Planning Commission adopted Resolution No approving a Modification (PLN ) to a previously approved Conditional Use Permit (PLN ) to allow a minors (under 21) in the outdoor seating area, a change in weekend business hours (to open at 11 a.m.), and a change in alcohol license type, for an existing wine bar (Tessora s Barra di Vino) on property located at 234 E. Campbell Avenue, by the following roll call vote: AYES: Bonhagen, Dodd, Finch, Kendall, Reynolds, Rich and Young NOES: None ABSENT: None ABSTAIN: None Chair Finch advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR *** Director Paul Kermoyan added the following update(s) to his written report: Advised that the next Planning Commission meeting now has a second item on its agenda. Chair Finch: Reported that she recently toured the new Penny Lane development (Hamilton at San Tomas Expressway). Added that Developer Mark Robson, Robson Homes, told her that Director Paul Kermoyan and his staff are all knowledgeable and helpful and that developers like working in Campbell.

10 Campbell Planning Commission Minutes for April 14, 2015 Page 8 ADJOURNMENT The Planning Commission meeting adjourned at 8:09 p.m. to the next Regular Planning Commission Meeting of April 28, SUBMITTED BY: Corinne Shinn, Recording Secretary APPROVED BY: Pam Finch, Chair ATTEST: Paul Kermoyan, Secretary

11 RESOLUTION NO BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A SITE AND ARCHITECTURAL REVIEW PERMIT TO ALLOW THE CONSTRUCTION OF A TWO-STORY RESIDENCE REUSING PORTIONS OF THE EXISTING DWELLING ON PROPERTY LOCATED AT 1247 AUDREY AVENUE. FILE NO: PLN After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. The Planning Commission finds as follows with regard to file number PLN : 1. The project site is zoned R-1-10 (Single Family Residential) on the City of Campbell Zoning Map. 2. The project site is designated Low-Density Residential (3.5 units/gr. acre) on the City of Campbell General Plan Land Use diagram. 3. The property is within the San Tomas Area Neighborhood Plan. 4. The project site is located on the north side of Audrey Avenue, east of Burrows Road and west of Hack Avenue. 5. The proposed project consists of a two-story 3,476 square-foot single-family residence with a building coverage of 36.3% and Floor Area Ratio (FAR) of 44%. 6. The proposed project will be compatible with the R-1-10 (Single Family Residential) Zoning District with approval of a Site and Architectural Review Permit. 7. The new residence will provide two covered parking spaces, satisfying the applicable parking requirement. 8. The project, as proposed and conditioned, is compatible with the existing residential neighborhood. 9. The proposal incorporates representative architectural features of homes in the San Tomas Neighborhood including simple rectangular shaped forms and gabled roofs. 10. 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. Based upon the foregoing findings of fact and pursuant to CMC Section , the Planning Commission further finds and concludes that: 1. The project will be consistent with the General Plan; 2. The project will aid in the harmonious development of the immediate area; 3. The project is consistent with applicable adopted design guidelines of the San Tomas Area Neighborhood Plan; and 4. This project is Categorically Exempt under Section 15303, Class 3 of the California Environmental Quality Act (CEQA), pertaining to the construction of single-family dwellings.

12 Planning Commission Resolution No Audrey Ave. Approving a Site and Architectural Review Permit (PLN ) Page 2 of 2 THEREFORE, BE IT RESOLVED that the Planning Commission approves a Site and Architectural Review Permit to allow the construction of a two-story single-family residence on property located at 1247 Audrey Avenue, subject to the attached Conditions of Approval (attached Exhibit A ). PASSED AND ADOPTED this 14th day of April, 2015, by the following roll call vote: AYES: Commissioners: Rich, Reynolds, Kendall, Young, Bonhagen, Finch, and Dodd NOES: Commissioners: None ABSENT: Commissioners None ABSTAIN: Commissioners: None APPROVED: Pamela Finch, Chair ATTEST: Paul Kermoyan, Secretary

13 EXHIBIT A CONDITIONS OF APPROVAL Site and Architectural Review Permit (PLN ) Where approval by the Director of Community Development, 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 Site and Architectural Review Permit (PLN ) to allow the construction of a two-story single-family residence using portions of the existing dwelling on property located at 1247 Audrey Avenue. The project shall substantially conform to the Project Plans stamped as received by the Planning Division on March 31, 2015 and Color and Material Board as received by the Planning Division on February 9, 2015, except as may be modified by the Conditions of Approval herein. 2. Permit Expiration: The Site and Architectural Review Permit approval shall be valid for one year from the date of final approval (expiring April 14, 2016). Within this one-year period, an application for a building permit must be submitted. Failure to meet this deadline will result in the Site and Architectural Review Permit being rendered void. 3. Planning Final Required: Planning Division clearance is required prior to final Building Permit clearance. Construction not in substantial compliance with the approved project plans shall not be approved without prior authorization of the necessary approving body. 4. Covenant: Prior to final Building Permit clearance, a covenant shall be recorded indicating that the second-story is non-habitable, but may be converted to habitable space if a Building Permit allowing for such conversion is reviewed and approved by the City of Campbell. The covenant shall be reviewed and approved by the Community Development Director prior to recordation. 5. Undergrounding of Utilities: All existing and new on-site utilities (PG&E, Cable, Phone, etc.) shall be installed underground per Section of the Campbell Municipal Code. The applicant shall show the proposed joint trench from the nearest utility pole to the residence on all site plan views. The applicant shall also include the following statement in bold one inch text on the cover sheet, the site plan sheet, and all electrical plans: All new and existing utilities shall be placed underground with no exception. All applicable revision sheets submitted to the Building Division shall also display the required statement. The applicant is advised to contact PG&E as soon as possible (prior to start of construction) as no occupancy or Building Permit final will be granted prior to successful completion of the undergrounding of utilities.

14 Conditions of Approval ~ 1247 Audrey Avenue Site and Architectural Review Permit PLN Page 2 6. Pest Control: Prior to issuance of a demolition and/or building permit, the applicant shall be required to hire a pest control company to inspect the site for rodents and provide a report on the inspection to the City for review. If it has determined that rodents exist, a remediation plan shall be prepared by the pest control company and provided to the City for review and approval, and the remediation plan shall be implemented to rid the site of rodents prior to issuance of a demolition and/or building permit. 7. 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 and approved by the Community Development Director prior to installation of the lighting for compliance with all applicable Conditions of Approval, ordinances, laws and regulations. Lighting fixtures shall be of a decorative design to be compatible with the residential development and shall incorporate energy saving features. 8. Landscaping Plan: The construction drawings for a building permit shall include a landscaping plan prepared by a licensed landscape architect, including irrigation details and associated calculations, in compliance with Campbell Municipal Code Section and with Chapter 2.7, Division 2, of Title 23 of the California Code of Regulations. 9. Fences/Walls: Any newly proposed fencing and/or walls shall comply with Campbell Municipal Code Section and shall be submitted for review and approval by the Community Development Department. 10. Contractor Contact Information Posting: 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 to the issuance of building permits. 11. 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 to the issuance of building permits. 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.

15 Conditions of Approval ~ 1247 Audrey Avenue Site and Architectural Review Permit PLN Page 3 f. Use standard dust and erosion control measures that comply with the adopted Best Management Practices for the City of Campbell. Building Division 12. Permits Required: A demolition permit is required for the structure to be removed. A building permit application shall be required for the proposed new single family structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 13. Project Description: This project is proposed as a remodel and addition to an existing dwelling. The scope of work proposed under this project more closely resembles the construction of a new single-family dwelling. The Building Inspection Division will consider this project as new construction, and fees will be calculated based on the comparative similarities to new construction. This project will be reviewed under the provisions of Chapter of the City of Campbell Municipal Code to determine how this project will be defined. 14. 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. 15. Construction Plans: The conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 16. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 17. 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. Elevation bench marks shall be called out at all locations that are identified as natural grade and intended for use to determine the height of the proposed structure. 18. Seismic Requirements: Additions and Alterations to (e) residential structures shall comply with Section 3404 of the 2013 California Building Code (CBC). 19. Title 24 Energy Compliance: California Title 24 Energy Compliance forms shall be bluelined on the construction plans. 8½ X 11 calculations shall be submitted as well. 20. 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 Chapter 1, Section 106. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter.

16 Conditions of Approval ~ 1247 Audrey Avenue Site and Architectural Review Permit PLN Page Non-Point Source Pollution: The City of Campbell, standard Santa Clara Valley Nonpoint 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. 22. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: o West Valley Sanitation District ( ) o Santa Clara County Fire Department ( ) o Bay Area Air Quality Management District (Demolitions Only) o San Jose Water Company ( ) o School District: Campbell Union School District ( ) Campbell Union High School District ( ) Moreland School District ( ) Cambrian School District ( ) Note: To determine your district, contact the offices identified above. Obtain the School District payment form from the City Building Division, after the Division has approved the building permit application. 23. 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. 24. Intent to Occupy During Construction: Owners shall declare their intent to occupy the dwelling during construction. The Building Inspection Division may require the premises to be vacated during portions of construction because of substandard and unsafe living conditions created by construction. 25. Build It Green: Applicant shall complete and submit a Build it Green inventory of the proposed new single family project prior to issuance of building permit. 26. California Green Building Code: This project is subject to the mandatory requirements for Residential Structures (Chapter 4) under the California Green Building Code, 2013 edition. 27. Storm Water Requirements: Storm water run-off from impervious surface created by this permitted project shall be directed to vegetated areas on the project parcel. Storm water shall not drain onto neighboring parcels. 28. New Dwelling: This structure shall be classified as a new Single Family Dwelling under Chapter of the Campbell Municipal Code and shall be equipped with residential fire sprinklers compliant with Section R313 of the California Residential Code 2013 ed.

17 Conditions of Approval ~ 1247 Audrey Avenue Site and Architectural Review Permit PLN Page 5 Public Works Department 29. Storm Drain Area Fee: Prior to issuance of any grading or building permits for the site, the applicant shall pay the required Storm Drain Area fee, currently set at $2, per net acre, which is $ Driveway: It is not clear from the plan if the Applicant proposes to construct any driveway improvements in the public right-of-way. As Audrey Avenue does not have curb and gutter improvements, the portion of the driveway between the property line and the pavement on Audrey Avenue will need to be asphalt concrete. This work in the public right-of-way would require that the applicant obtain an encroachment permit, provide plans, pay fees, and deposits, post security, and provide insurance. 31. Utilities: All on-site utilities shall be installed underground per Section of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. 32. Utility Encroachment Permit: Separate permits for the installation of utilities to serve the project will be required (including water, sewer, gas, electric, etc.). Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. 33. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities. The plan shall clearly show the location and size of all existing utilities and the associated main lines; indicate which utilities and services are to remain; which utilities and services are to be abandoned, and where new utilities and services will be installed. Joint trenches for new utilities shall be used whenever possible. 34. Pavement Restoration: Based on the utility coordination plan, the applicant shall prepare a pavement restoration plan for approval by the City Engineer prior to any utility installation or abandonment. Audrey Avenue has not been sealed or overlaid in the last 5 years, therefore only standard trench restoration requirements apply. Fire Department 35. Formal Plan Review: Review of this development proposal is limited to accessibility 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 Division all applicable construction permits.

18 RESOLUTION NO BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A SITE AND ARCHITECTURAL REVIEW PERMIT TO ALLOW GENERAL ON- SALE ALCOHOL SALES IN CONJUNCTION WITH AN EXISTING RESTAURANT (SORELLE ITALIAN BISTRO) ON PROPERTY LOCATED AT 915 S. SAN TOMAS AQUINO ROAD, SUITES 400 & 500. FILE NO: PLN After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. The Planning Commission finds as follows with regard to file number PLN : 1. The project site is located within an existing commercial center on the west side of S. San Tomas Aquino Road, south of Elam Avenue, and north of Jonathan Court. 2. The project site is zoned P-D (Planned Development) and is designated with a Neighborhood Commercial land use designation by the General Plan. 3. A liquor establishment requires the approval of a Conditional Use Permit in the P-D zoning district. 4. The subject tenant space obtained approval of a Conditional Use Permit (UP89-25) to allow the sale of beer and wine in conjunction with a full service restaurant. 5. The requested Modification to the previously approved Conditional Use Permit would also allow general on-sale liquor license in conjunction with the existing restaurant. 6. Alcohol beverage service in the restaurant shall be ancillary and subordinate to the primary purpose of serving food. 7. The Police Department has reviewed the project and is supportive of the project as conditioned. 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 the approval of a Modification of the previously approved Conditional Use Permit, and complies, as conditioned, with all other applicable provisions of this Zoning Code and the Campbell Municipal Code. 2. The proposed development would be consistent and compatible with the General Plan and will aid in the harmonious development of the immediate area. 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.

19 Planning Commission Resolution No S. San Tomas Aquino Road Approving a Conditional Use Permit (PLN ) Page 2 of 2 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, as conditioned, 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, as conditioned, 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 of the use will not result in an over concentration of liquor establishment 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 increase the demand on city services. 10. This project is Categorically Exempt under Section 15301, Class 1 of the California Environmental Quality Act (CEQA) pertaining to the operation, permitting, and minor alterations of an existing private structure involving negligible or no expansion of use beyond that existing at the time of the lead agency s determination. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit to allow general on-sale alcohol sales in conjunction with an existing restaurant (Sorelle Italian Bistro) on property located at 915 S. San Tomas Aquino Road, Suites 400 & 500, subject to the attached Conditions of Approval (attached Exhibit A ). PASSED AND ADOPTED this 14th day of April, 2015, by the following roll call vote: AYES: Commissioners: Rich, Reynolds, Kendall, Young, Bonhagen, Finch, and Dodd NOES: Commissioners: None ABSENT: Commissioners None ABSTAIN: Commissioners: None APPROVED: Pamela Finch, Chair ATTEST: Paul Kermoyan, Secretary

20 EXHIBIT A CONDITIONS OF APPROVAL Conditional Use Permit (PLN ) Where approval by the Director of Community Development, 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 Department 1. Approved Project: Approval is granted for a Modification (PLN ) of a previously established Conditional Use Permit (UP89-25), to allow general on-sale alcohol sales in conjunction with an existing restaurant (Sorelle Italian Bistro) on property located at 915 S. San Tomas Aquino Road, Suites 400 & 500. The project shall substantially conform to the Project Plans and Project Description stamped as received by the Planning Division on February 20, 2015, except as may be modified by the conditions of approval contained herein. 2. Permit Expiration: The Modification approved herein shall be valid for one year from the date of final approval (expiring April 14, 2016). Within this one-year period, a Type 47 liquor license shall be obtained and the approved use established on site. The entitlement approval 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 Modification Permit approved herein. 3. Parking: A minimum of 34 parking spaces shall be provided on the project site at all times. 4. Operational Parameters: A restaurant with general service on-sale alcohol sales operating pursuant to the Modification approved herein shall conform to the following operational standards. Deviations from these parameters (as determined by the Community Development Director) shall require approval of a Modification to the Conditional Use Permit, approved herein. a. Approved Use: The approved use is a restaurant with ancillary general on-sale liquor sales. This use is herein specifically defined to preclude the possibility of the business to operate as a bar, or operate in any capacity in which it would function as or resemble such a use. b. Hours of Operation: Hours of operation shall be as follows. By the end of the 'Operational Hours' all employees shall be off of the premises. By the end of 'Business/Public Hours' all patrons shall have exited the facility. i. Operational Hours 11:00 AM 10:00 PM, Sunday

21 Conditions of Approval ~ 915 S. San Tomas Aquino Road, Suites 400 & 500 Conditional Use Permit PLN Page 2 11:00 AM 11:00 PM, Monday Saturday ii. Business/Public Hours 11:30 AM 9:00 PM, Sunday 11:30 AM 10:00 PM, Monday Saturday c. Restaurant Seating/Patron Occupancy: Total indoor patron occupancy shall be limited to 27 patrons, subject to the maximum occupancy capacities of certain rooms as determined by the California Building Code (CBC). At no time shall there be more than 27 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. Maximum Occupancy signs shall be posted conspicuously within the premises. d. Bar Area: A maximum of four (4) bar stools shall be permitted. Full menu food service shall be available at the bar seating at all times. e. Restaurant Furniture: No high top tables shall be permitted. f. 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. g. Food Service: Full menu food service shall be provided at all times during the Business Hours in the dining and bar areas (i.e., the kitchen shall not be closed). h. Live Entertainment and Music: No live entertainment shall be permitted. Any music shall be played at low levels, behind closed doors, and shall not be audible from adjoining properties. No amplified music shall be permitted. i. Property Maintenance: The owner/operator of the subject property shall maintain all exterior areas of the business free from graffiti, trash, rubbish, posters and stickers. Trash receptacles shall be maintained within their approved enclosures at all times. Parking lot striping and paving shall be maintained in good condition, and all spaces shall remain free of debris at all times. j. Landscape Maintenance: All landscaped areas shall be continuously maintained in accordance with City Landscaping Requirements (CMC 21.26). Landscaped areas shall be watered on a regular basis so as to maintain healthy plants. Landscaped areas shall be kept free of weeds, trash, and litter. Dead or unhealthy plants shall be replaced with healthy plants of the same or similar type. k. Noise: Unreasonable levels of noise, sounds and/or voices, including but not limited to amplified sounds, loudspeakers, sounds from audio sound systems, and/or music, generated by the subject use shall not be audible to a person of normal hearing capacity from any property. All exterior doors including entry doors shall be kept closed.

22 Conditions of Approval ~ 915 S. San Tomas Aquino Road, Suites 400 & 500 Conditional Use Permit PLN Page 3 At the discretion of the Community Development Director, if the use generates three (3) verifiable complaints related to violations of conditions of approval and/or related to noise within a six (6) month period, a public hearing before the Planning Commission may be scheduled to consider modifying conditions of approval or revoking its Administrative Planned Development Permit or Parking Modification Permit. The Community Development Director may commence proceedings for the revocation or modification of use permits upon the occurrence of less than three (3) complaints if the Community Development Director determines that the alleged violation warrants such an action. In exercising this authority, the decision making body may consider the following factors, among others: i. The number and types of Police Department calls for service at or near the establishment that are reasonably determined to be a direct result of patrons actions; ii. The number of complaints received from residents, business owners and other citizens concerning the operation of an establishment; and iii. Violation of conditions of approval. l. Parking Management: In the event that three (3) verifiable complaints are received by the City regarding parking, the Community Development Director may reduce the number of seats, limit the hours of operation, require additional parking management strategies and/or bring the permit back to the Planning Commission for review. m. Smoking: A "No Smoking" sign shall be posted on the premises in compliance with CMC n. 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 11:00 AM and 10:00 PM on Sunday, and 11:00 AM and 11:00 PM, Monday through Saturday. Refuse and recycling receptacles shall be kept within an enclosure except during collection in compliance with Chapter 6.04 of the Campbell Municipal Code. o. Outdoor Activity: No outdoor activity is permitted in association with the establishment. 5. Revocation of Permit: Operation of a restaurant with general on-sale liquor sales (including beer and wine) pursuant to the Conditional Use Permit approved herein is subject to Sections , and of the Campbell Municipal Code authorizing the appropriate decision making body to modify or revoke a Conditional Use Permit if it is determined that its operation has become a nuisance to the City s public health, safety or welfare or for violation of the Conditional Use Permit or any standards, codes, or ordinances of the City of Campbell. At the discretion of the Community Development Director, if the establishment generates three (3) verifiable complaints related to violations of conditions of approval and/or related to its operation within a six (6) month period, a public hearing before the Planning Commission may be scheduled to consider modifying conditions of approval or revoking its Conditional Use Permit. The

23 Conditions of Approval ~ 915 S. San Tomas Aquino Road, Suites 400 & 500 Conditional Use Permit PLN Page 4 Community Development Director may commence proceedings for the revocation or modification of permits upon the occurrence of less than three (3) complaints if the Community Development Director determines that the alleged violation warrants such an action. In exercising this authority, the decision making body may consider the following factors, among others: a. The number and types of noise complaints at or near the establishment that are reasonably determined to be a direct result of patrons actions or facility equipment; b. The number of parking complaints received from residents, business owners and other citizens concerning the operation of an establishment; and c. Violation of conditions of approval. 6. Liquor License: The business owner shall maintain in good standing a Type 47 liquor license from the State Department of Alcoholic Beverage Control. The license shall include Business Hours and other applicable restrictions consistent with the Conditional Use Permit approved herein. 7. Alcohol Sales for Off-Site Consumption: The sale of alcohol for off-site consumption is prohibited. 8. Employee Training: The business shall operate in accordance with the standards pertaining to the serving of alcohol as established by the California Restaurant Association and the California Department of Alcoholic Beverage Control. 9. Taxicab Service: The establishment shall post in a conspicuous place the telephone numbers of local taxicab services to provide a safe alternative mode of transportation for customers that use their service. 10. Location of Mechanical Equipment: No roof-mounted mechanical equipment, i.e. air conditioning units, shall be located on the roof of the building without providing screening of the mechanical equipment from public view and surrounding properties. Screening material and method shall require review and approval by the Community Development Director prior to installation of such mechanical equipment screening. 11. Outdoor Storage: No outdoor storage is permitted on the property. 12. Floor Plan: The applicant shall provide a revised floor plan demonstrating a total of 27 seats prior to Planning Department clearance of the ABC license application. This floor plan shall also be provided to ABC for inclusion in the permit file.

24 RESOLUTION NO BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING MODIFICATION (PLN ) TO A PREVIOUSLY-APPROVED CONDITIONAL USE PERMIT (PLN ) TO ALLOW MINORS (UNDER 21) IN THE OUTDOOR SEATING AREA, A CHANGE IN WEEKEND BUSINESS HOURS (TO OPEN AT 11 A.M.), AND A CHANGE IN ALCOHOL LICENSE TYPE, FOR AN EXISTING WINE BAR ON PROPERTY LOCATED AT 234 E. CAMPBELL AVENUE. FILE NO: PLN After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. The Planning Commission finds as follows with regard to file number PLN : 1. The project site is zoned C-3 (Central Business District) and designated Central Commercial by the General Plan Land Use Map. 2. Sale of alcohol within a wine bar is considered a liquor establishment, subject to approval of a Conditional Use Permit, consistent with CMC The existing wine bar occupies a 1,307 square-foot existing tenant space. 4. The project site is located on the south side of East Campbell Avenue, between South First Street and South Second Street. 5. On January 8, 2013, the Planning Commission adopted Resolution No approving a Conditional Use Permit to allow a wine bar with late night operational hours, live entertainment. 6. The proposed Modification would allow for an earlier opening time on Saturday and Sunday mornings (11:00 AM), a change to the age restriction to allow minors (persons under 21), and a change in ABC licensing type commensurate with the age restriction change. 7. Policies found within the Campbell General Plan and Downtown Campbell Development Plan articulate a desire to promote and enhance a downtown environment that provides a desirable balance of land uses including shopping, services, and entertainment. This vision is evidenced in policies that encourage a mix of day and evening activities, a distinctive retail presence, a diversity of eating establishments, support for neighborhood-serving businesses, and protection of surrounding residential neighborhoods: 8. The City Council adopted the 'Downtown Alcohol Beverage Policy', consistent with the goals and strategies of the Campbell General Plan and Downtown Development Plan. The Policy is intended to balance the health and safety of the community while still maintaining the commercial viability of the downtown in which wine bars and/or wine tasting establishments have a role.

25 Planning Commission Resolution No E. Campbell Avenue Approving a Modification to a Conditional Use Permit Page 2 of 3 9. Conformance to the provisions of the Downtown Alcohol Beverage Policy is the basis to which the City shall review new applications for alcohol beverage service. Limitations to the hours of operation, number of seats, maximum occupancy, and alcohol beverage service are necessary to protect the public health, safety and welfare. 10. The Downtown Alcohol Beverage Policy strongly recommends that Conditional Use Permits for establishments for on-site consumption of alcohol beverages be limited to a closing time of no later than 12:00 AM. 11. The approval of a Conditional Use Permit incorporates applicable operational standards of the Downtown Alcohol Beverage Policy, including a 12:00 AM public closing time, 11:00 PM closing time for the outdoor seating and live entertainment ending at 11:00 PM. 12. The Police Department is supportive of the application as conditioned with a closing time of 12:00 AM on Friday and Saturday and no live entertainment after 11:00 PM. 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, as conditioned, with all other applicable provisions of this Zoning Code and the Campbell Municipal Code. 2. The proposed use, as conditioned, is consistent with the General Plan. 3. As conditioned, 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. As conditioned, 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, as conditioned, 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, as conditioned, 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. As conditioned, the establishment will not result in an over-concentration of these uses in the surrounding area.

26 Planning Commission Resolution No E. Campbell Avenue Approving a Modification to a Conditional Use Permit Page 3 of 3 8. As conditioned, the establishment will not create a nuisance due to litter, noise, traffic, vandalism, or other factors. 9. As conditioned, the establishment will not significantly disturb the peace and enjoyment of the nearby residential neighborhood. 10. As conditioned, the establishment will not significantly increase the demand on city services. 11. As conditioned, the establishment will be consistent with the Campbell Downtown Alcohol Policy. 12. The project is Categorically Exempt under Section Class 1 of the California Environment 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. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Modification (PLN ) to a previously-approved Conditional Use Permit (PLN ) to allow minors (under 21) in the outdoor seating area, a change in weekend business hours (to open at 11 a.m.), and a change in alcohol license type, for an existing wine bar on property located at 234 E. Campbell Avenue, subject to the attached Conditions of Approval (attached Exhibit A ). PASSED AND ADOPTED this 14th day of April, 2015, by the following roll call vote: AYES: Commissioners: Rich, Reynolds, Kendall, Young, Bonhagen, Finch, and Dodd NOES: Commissioners: None ABSENT: Commissioners None ABSTAIN: Commissioners: None APPROVED: Pamela Finch, Chair ATTEST: Paul Kermoyan, Secretary

27 CONDITIONS OF APPROVAL Modification to a Conditional Use Permit (PLN ) Where approval by the Director of Community Development, 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 1. Approved Project: Approval is granted for a Modification (PLN ) to a previously approved Conditional Use Permit (PLN ) to allow operational changes to an existing wine bar ("liquor establishment") with late night operational hours, live entertainment, and on- and off-site beer and wine sales, located at 234 E. Campbell Avenue. The project shall substantially conform to the previously approved Project Plans and Modification Proposal, stamped as received by the Planning Division on March 13, 2014, as modified by the Conditions of Approval contained herein. 2. Previous Conditions of Approval: Upon the effective date of the Resolution approving this Modification (PLN ), the previously approved Conditions of Approval provided in Planning Commission Resolution No shall be void and shall permanently be superseded in their entirety by the Conditions of Approval specified herein. 3. Approval Expiration: The entitlement approval granted by the Modified Conditional Use Permit shall be valid in perpetuity, unless the wine bar ceases operation for a continuous period of twelve months which shall void the entitlement. 4. Signage: No signage has been approved as part of this development application. New signage shall not be installed prior to approval of a sign permit as required by CMC K. The allowable sign materials for the project site shall include enameled metal, painted wood, cast metal, painted fabric (awning signage), and similar materials. Plastic signage of any type, whether individual letters or as part of a box (or cabinet), shall not be approved. 5. Operational Standards: Consistent with the Downtown Alcohol Beverage Policy and other City standards, any wine bar operating pursuant to the Modified Conditional Use Permit approved herein shall conform to the following operational standards. a. Approved Use: The approve use is an age-restricted "liquor establishment" (wine bar) within the interior of the building as defined by the Campbell Municipal Code, which shall be limited to the sale of beer and wine beverages for consumption on the premises, and a non-age restricted "restaurant" within the outdoor seating (patio) area if minors (persons under 21) are permitted.

28 Conditions of Approval ~ 234 E. Campbell Ave. Modification to a Conditional Use Permit Page 2 of 5 The sale of beer and wine products for consumption off-site shall remain ancillary to the primary operation of the business as a wine bar and restaurant. b. Age Restriction: No person under the age of 21 years shall be allowed to enter the interior of the establishment, except for use of restroom facilities, unless allowed as part of the live entertainment (musician) exemption pursuant to Government Code Section A sign indicating this age restriction shall be posted at the entry door. The outdoor seating area may be occupied by persons under the age of 21, if permitted by the establishment's ABC liquor license. c. Wine Bar Seating/Patron Occupancy: Total indoor occupancy shall be limited to 49 seated patrons and associated employees of the business with no patrons allowed to be served while standing. At no time shall there be more than 49 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. Maximum Occupancy signs shall be posted conspicuously within the premises. d. Floor Plan: At no time shall the seating be reconfigured to created large open spaces for patrons to congregate, dance, drink, or socialize. All tables and chairs shall be placed in such a manner to allow sufficient area for seating. At no time shall tables and chairs be stacked or removed from the identified seating area or placed outside. e. Hours of Operation: Hours of operation shall be as follows. By the end of 'Business Hours' all patrons shall have exited the wine bar. By the end of the 'Operational Hours' all employees shall be off the premises. Business Hours (open to the public): 12:00 PM 11:00 PM, Mon Thr. 12:00 PM 12:00 AM, Fri. 11:00 AM 12:00 AM, Sat. 11:00 AM 8:00 PM, Sun. Patio Business Hours: 'Business Hours' with an 11:00 PM closing time for Friday and Saturday Operational Hours: One (1) hour prior to and after the 'Business Hours' f. Live Entertainment: Indoor live entertainment is permitted as part of the Conditional Use Permit approval and is limited to 8:00 PM to 11:00 PM on Fridays and Saturdays and from 2:00 PM to 7:00 PM on Sundays. At no time shall there be advertisement of the live entertainment in the form of posters, flyers, or other physical means other than on the business website. At no time shall a cover be charged or donations associated with the live entertainment. A Live Entertainment Permit from the Police Department is required prior to the first performance of live entertainment. Outdoor live entertainment is prohibited.

29 Conditions of Approval ~ 234 E. Campbell Ave. Modification to a Conditional Use Permit Page 3 of 5 g. Cover Charge: At no time shall a cover charge be required or a donation necessary in order to patronize the establishment. h. Outdoor Seating: Outdoor seating shall be considered part of the overall seating area subject to all restrictions herein. In addition, the following requirements apply: i. If minors (persons under 21) are permitted in the outdoor seating area as allowed by Condition of Approval No. 5b, full menu food service shall be available at all times during the Business Hours (i.e., there shall be an operational kitchen). ii. All existing and new outdoor patio furniture (including tables, chairs, umbrellas, and heaters) shall be in substantial conformance with the details and specifications provided in the approved Project Plans and Outdoor Furniture Specification Sheets, unless otherwise approved by the Community Development Director. iii. Total patron occupancy in the outdoor seating area shall be limited to 24 seated patrons. iv. Use of the outdoor seating area shall cease by 11:00 PM, daily. At such time, all chairs shall be stacked, stored, or otherwise secured out of public view to prevent unauthorized use. All outdoor furniture shall be placed inside at the end of each business day. v. All outdoor furniture shall be kept clean and in good repair and replaced and/or fixed as necessary. vi. The business owner shall maintain comprehensive liability insurance and list the City as an additionally insured, consistent with CMC H(6). Before the issuance of a Business License, the business owner shall furnish to the city a certificate of insurance. i. Smoking: No Smoking signs shall be posted on the premises in compliance with CMC j. Property Maintenance: The owner/operator of the subject property shall have removed daily any debris or litter associated with the subject business in and around the seating area. The owner/operator shall ensure that there is live vegetation in planter pots through adequate watering and maintenance. 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 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 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.

30 Conditions of Approval ~ 234 E. Campbell Ave. Modification to a Conditional Use Permit Page 4 of 5 l. 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. m. Doors and Windows: Doors and windows shall remain closed after 10:00 PM. n. 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. o. Outdoor Trash Receptacle: The applicant shall place at least one trash receptacle in the outdoor patio/seating area. The trash receptacle shall match the proposed outdoor furniture with regards to both color and material. The outdoor trash receptacle shall be consistently emptied throughout the normal business operating hours and not allowed to overflow. p. Liquor License: The applicant shall obtain and maintain in good standing the appropriate (beer and wine) license from the State Department of Alcoholic Beverage Control. The license shall include the Business Hour restrictions consistent with the Modified Conditional Use Permit approved herein. A copy of the issued license shall be provided to the Community Development Department prior to issuance of a Business License. q. Employee Training: The establishment shall use an employee training manual that addresses alcoholic beverage service consistent with the standards of the California Department of Alcoholic Beverage Control. r. Designated Driver Program: The establishment shall maintain and actively promote a designated driver program (e.g., complimentary non-alcoholic beverages for designated drivers). s. Taxicab Service: The establishment shall post in a conspicuous place the telephone numbers of local taxicab services. t. Outdoor Activity: Other than outdoor seating, no outdoor activity (e.g., cooking) is permitted in association with the establishment. u. City Meetings: At the discretion of the Chief of Police, periodic meetings will be conducted with representatives from the Police Department/Alcohol Beverage Control for on-going employee training on alcoholic beverage service to the general public. 6. Revocation of Permit: Operation of the wine bar and restaurant pursuant to the Modified Conditional Use Permit approved herein is subject to Sections , and of the Campbell Municipal Code authorizing the appropriate decision making body to modify or revoke the Modified Conditional Use Permit if it is determined that the sale of alcohol has become a nuisance to the City s public health, safety or welfare or for violation of the Modified Conditional Use Permit or any standards, codes, or ordinances of the City of Campbell.

31 Conditions of Approval ~ 234 E. Campbell Ave. Modification to a Conditional Use Permit Page 5 of 5 At the discretion of the Community Development Director, if the establishment generates three (3) verifiable complaints related to violations of conditions of approval and/or related to the service of alcohol within a six (6) month period, a public hearing before the Planning Commission may be scheduled to consider modifying conditions of approval or revoking its Conditional Use Permit. The Community Development Director may commence proceedings for the revocation or modification of use permits upon the occurrence of less than three (3) complaints if the Community Development Director determines that the alleged violation warrants such an action. In exercising this authority, the decision making body may consider the following factors, among others: a. The number and types of Police Department calls for service at or near the establishment that are reasonably determined to be a direct result of patrons actions; b. The number of complaints received from residents, business owners and other citizens concerning the operation of an establishment, c. The number of arrests for alcohol, drug, disturbing the peace, fighting and public nuisance violations associated with an establishment; d. The number and kinds of complaints received from the State Alcoholic Beverage Control office and the County Health Department; and e. Violation of conditions of approval.

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