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Use Permit - Sushi Confidential - 2012CITY OF CAMPBELL Community Development Department March 29, 2012 Sushi Confidential 247 E. Campbell Avenue Campbell, CA 95008 Re: PLN2012-36 - 247 E. Campbell -Use Permit -Sushi Confidential Dear Applicant: Please be advised that at its meeting of March 27, 2012, the Planning Commission adopted Resolution No. 4051 approving a Conditional Use Permit (PLN2012-36) to allow a general on-sale liquor license and late-night operational hours in conjunction with a new restaurant the above referenced property. This action is effective in ten calendar days, unless appealed in writing to the City Clerk by close of business on Friday, April 6, 2012. The time within which judicial review of this action must be sought is governed by Section 1094.6 of the California Code of Civil Procedure, unless another statute (such as California Government Code Section 65009 or some other applicable provision) sets forth a more specific time period. If you have any questions, do not hesitate to contact me at (408) 866-2140. Sincerely, Daniel Fama Assistant Planner Cc: Charles Pignataro (Property Owners) 16341 Camelia Terrace Los Gatos, CA 95032 RESOLUTION N0.4051 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2012-36) TO ALLOW A GENERAL ON-SALE LIQUOR LICENSE AND LATE-NIGHT OPERATIONAL HOURS IN CONJUNCTION WITH A NEW RESTAURANT (SUSHI CONFIDENTIAL) ON PROPERTY LOCATED AT 247 E. CAMPBELL AVENUE IN THE C-3 (CENTRAL BUSINESS DISTRICT) ZONING DISTRICT. FILE NO.: PLN2012-36 After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application PLN2012-36: 1. The project site is zoned C-3 (Central Business District) and designated Central Commercial by the General Plan Land. 2. The project site consists of a 5,376 square-foot parcel, improved with a 2,782 square- foot building. 3. The project site is located along East Campbell Avenue between First and Second Streets. 4. The requested Conditional Use Permit would allow a general on-sale liquor license and late-night operational hours in conjunction with an existing restaurant. 5. The approval of a Conditional Use Permit incorporates applicable operational standards of the Downtown Alcohol Beverage Policy. 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 Conditional Use Permit approval, and complies with all other applicable provisions of this Zoning Code and the Campbell Municipal Code; 2. The proposed use is consistent with the General Plan; 3. The proposed 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; Planning Commission Res .on No. 4051 PLN2012-36 - 247 E. Campbell Avenue -Conditional Use Permit -Sushi Confidential Page 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 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 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 will not result in an over-concentration of these 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 disturb the peace and enjoyment of the nearby residential neighborhood; 10.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 15060(c)(2) of the California Environment Quality Act (CEQA), pertaining to activities that will not result in a direct or reasonably foreseeable indirect physical change to the environment. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit (PLN2012-36) to allow a general on-sale liquor license and late-night operational hours in conjunction with a new restaurant on property located at 247 E. Campbell Avenue. The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the ordinances of the City of Campbell and the State of California. Where approval by the Community Development Director, City Engineer, Public Works Director, City Attorney, or Fire Department is required, that review shall be for compliance with all applicable Conditions of Approval, adopted policies and guidelines, ordinances, laws and regulations, and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified: Planning Commission Reso. ..on No. 4051 PLN2012-36 - 247 E. Campbell Avenue -Conditional Use Permit -Sushi Confidential Paae 3 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division 1. Approved Project: Approval is granted for a Conditional Use Permit (PLN2012-36) to allow a general on-sale liquor license and late-night operational hours in conjunction with a new restaurant. The project shall substantially conform to the revised project plans and project description stamped as received by the Planning Division on March 1, 2012 and February 6, 2012, respectively, except as may be modified by the conditions of approval contained herein. 2. Conditional Use Permit Approval Expiration: The Conditional Use Permit approved herein shall be valid for one year from the date of final approval (April 7, 2013). Within this one-year period, the new restaurant shall be established on site. Approval for a general on-sale liquor license and late-night operational hours in conjunction with a new restaurant 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 Conditional Use Permit approved herein. 3. Revocation of Permit: Operation of the use in violation of the Conditional Use Permit or any standards, codes, or ordinances of the City of Campbell or any laws of the State of California applicable to operation of the business, shall be grounds for consideration of revocation of this approval by the Planning Commission. 4. Operational Standards: Consistent with Downtown Alcohol Beverage Policy and other City standards, any restaurant operating pursuant to the Conditional Use Permit approved herein shall conform to the following operational standards. The approved use is a full service restaurant that includes an 87 seat dining area and an ancillary five seat bar area. a. Restaurant Seating/Patron Occupancy: Total indoor patron occupancy shall be limited to 92 patrons, consistent with the 87 dining area seats and five bar area seats, 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 92 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. b. Food Service: Full menu food service shall be provided at all times during the Business Hours in the dining, outdoor seating, and bar areas (i.e., the kitchen shall not be closed). c. Live Entertainment: No live entertainment is permitted as part of the Conditional Use Permit approval, including live music, disc jockey, karaoke, and dancing. Future requests for live entertainment shall be through approval of a Modification to the Planning Commission Resc .ion No. 4051 PLN2012-36 - 247 E. Campbell Avenue -Conditional Use Permit -Sushi Confidential Page 4 Conditional Use Permit and shall be limited to live musicians complimentary to the primary purpose of proving meal service. d. Alcohol Beverage Service: Alcohol beverage service in the dining area shall only be allowed in conjunction with food service. The dining area shall not be converted to a bar area or dance area. e. Smoking: "No Smoking" signs shall be posted on the premises in compliance with CMC 6.11.060. f. Bar Area Meal Service: Meal service shall be available in the bar area at all times. g. Hours of Operation: Business Hours shall be restricted to 10:00 AM to 12:00 AM, Sunday through Saturday. By the end of Business Hours all patrons shall have exited the restaurant. The Hours of Operation shall be restricted to 6:00 AM to 1:00 AM, Sunday through Saturday. By the end of the Hours of Operation all employees shall be off the premises. h. Outdoor Seating: Outdoor seating shall be considered part of the dining area subject to all restrictions herein. Total patron occupancy in the outdoor seating shall be limited to the number of approved seats as specified by an approved Outdoor Seating Permit. i. 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. j. Noise: Any noises, sounds and/or voices, including but not limited to amplified sounds, loud speakers, sounds from audio sound systems, music, and/or public address system, generated by the establishment shall not be audible to a person of normal hearing capacity from any residential property. In the event verified complaints are received by the City regarding such noise, the Community Development Director may immediately modify the business hours/hours of operation, subject to the project being brought back to the Planning Commission for review. k. 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. I. Liquor License: The applicant shall obtain and maintain in good standing a license from the State Department of Alcoholic Beverage Control for the sale of alcoholic beverages. The license shall include the Business Hour restrictions consistent with the Conditional Use Permit approved herein. m. Employee Training: The establishment shall use an employee training manual that addresses alcoholic beverage service consistent with the standards of the California Restaurant Association and the Department of Alcoholic Beverage Control. Planning Commission Resc_ _~on No. 4051 PLN2012-36 - 247 E. Campbell Avenue -Conditional Use Permit -Sushi Confidential Page 5 _ n. Designated Driver Program: If deemed necessary by the Community Development Director, the establishment shall maintain and actively promote a designated driver program (e.g., complimentary non-alcoholic beverages for designated drivers). o. Taxicab Service: The establishment shall post in a conspicuous place the telephone numbers of local taxicab services. p. Outdoor Activity: Other than outdoor seating, no outdoor activity (e.g., cooking) is permitted in association with the establishment. PASSED AND ADOPTED this AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: 27t"day of March, 2012, by the following roll call vote: Alster, Brennan, Ebner, Gibbons, Resnikoff, Reynolds and Roseberry None None None APPROVED: Theresa Alster, Chair ATTEST: Kirk Heinrichs, Secretary