Mod to CUP - The Vesper - 2017Community Development Department
March 15, 2017
Larry E. Schaadt Trustee
100 S. Santa Cruz'Avenue
Los Gatos, CA 95030
Re: PLN2017-71 - 394 E. Campbell Ave -Modification to Use Permit -The Vesper
Dear Applicant:
Please be advised that at its meeting of March 14, 2017, the Planning Commission
adopted Resolution No. 4369 determining compliance with .an approved Conditional Use
- Permit (PLN2015-247) and approving a Modification (PLN2017-71) to extend the closing
time of the existing restaurant from 11:30 p.m. to 12 a.m. daily on 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, March 24, 2017. 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
Senior Planner
cc Karen Blancato (Property Owner) _
301 Eureka Canyon Road
Corralitos, CA 95076
Roger Storz, Public illforks Department
RESOLUTION NO. 4369
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL DETERMINING COMPLIANCE WITH AN
APPROVED CONDITIONAL USE. PERMIT (PLN2015-247) ,AND
APPROVING A MODIFICATION (PLN2017-71) TO EXTEND THE -
CLOSING TIME OF THE EXISTING RESTAURANT .AND BAR
FROM 11:30 PM TO 12:00 AM, DAILY, ON PROPERTY LOCATED -
AT 394 E. CAMPBELL AVENUE. FILE NO.: PLN2017-71
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 PLN2017-71:
1. The project site is zoned C-3 (Central Business District) and designated Central.
Commercial by the General Plan Land Use Element. - - __
2. The existing restaurant and bar occupies a 2,911 square-foot existing tenant space.
3. The project site is located along East Campbell Avenue between North: Central Avenue
and the railroad tracks.
4. At its meeting of March 25, 2014, the Planning Commission adopted Resolution No.
4146 approving a Conditional Use Permit.(PLN2014-35) for arestaurant/wine bar with
beer and wine service and live entertainment, with a public closing'time of 11:00 PM.
5. At its meeting of .September 22, 2015, the Planning Commission .adopted Resolution
No. 4246 approving a Modification (PLN2015-247) to the previously approved
Conditional Use Permit (PLN2014-35).to allow the conversion of the restaurant/vvine
bar to a restaurant and bar with general alcohol service and change to the approved
business hours to allow a public closing time of 11:30 PM.
6. Condition.. of Approval No. 5 of Resolution No. 4246 requires the Planning Commission .
to hold a public hearing in' one year to evaluate the extension of the restaurant's
business hours (extended to allow an 11:30 PM closing time). At the public hearing, the
Community Development Director is to report on the operator's compliance with the
conditions of approval, any known violations of local ordinances or State laws, and the
Police Department's calls-for-service history for the establishment. At such time, as
based on the Community Development Director's report, public testimony, and any
additional evidence presented, the Planning Commission may rescind;, extend; or
maintain the restaurant's approved business hours. '
7. The restaurant and bar, known as The Vesper, operating._pursuant to the Modified
Conditional Use Permit opened for business on March 12, 2016, thereby requiring a
one-year review to be conducted in March of 2017.
8. In conducting the one-year review, the Planning Commission considered the report, of
the Community Development Director that indicated..no known violations of the
Modified Conditional Use Permit or applicable local or State laws, and also which
- provided information on the restaurant's provision of food service, floor-plan
Planning Commission Resolution No. 4369
PLN2017-71_ ~ 394 E. Campbell Avenue
Modification to Conditional Use Permit
Page 2 of 4
configuration, and general operational practices. Based on this report and lack of public
testimony or material information to the contrary, the Planning Commission determined
the operation of the- Vesper to be in substantial compliance with the Modified
Conditional Use Permit.
9. As permitted by the Condition of Approval No. 5 of the Modified Conditional Use Permit
.approved by Resolution No. 4246, the applicant exercised the right to request an
extension of the business hours, specifically seeking an extension of the closing time
from 11:30 PM to 12:00 AM, daily:
10. The requested 30-minute extension to the public. closing time is consistent with the
Downtown Alcohol Beverage Policy.
11. The approval of a .Modified Conditional Use Permit incorporates. applicable operational
standards of the Downtown Alcohol Beverage Policy.
12:Alcohol beverage service in the restaurant shall be ancillary and subordinate to the
primary purpose of serving food. ,
13. Policies found vvithin 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:
14. The City Council adopted the 'Downtown Alcohol Beverage Policy', as an
implementation tool of the Campbell Geheral 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 restaurants- have ~ an
essential role.
15. 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.
Restrictions to the hours of operation, amount of bar area seating, and alcohol
beverage service, are necessary to protect the public health, safety and welfare.
16.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,
17.The over-concentration of late night alcohol serving establishments within a compact
downtown district can create a cumulative impact that overwhelms the area creating an
undesirable result such as drunkenness in. public, vandalism, and disorderly conduct.
18. The approval of a Conditional Use Permit incorporates applicable operational
standards of the Downtown Alcohol Beverage Policy
. Planning Commission Resolution No. 4369
PLN2017-71 ~ 394 E. Campbell Avenue
Modification to Conditional Use Permit
Page 3 of 4
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; ,. ...
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 operator of the proposed use is in compliance with the conditions of approval, and
has not committed any known violations of local ordinances or State laws; and
13.The project 'is Categorically Exempf 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..
Planning Commission Resolution No. 4369 ~ P'age 4 of 4
PLN2017-71 ~ 394 E. Campbell Avenue
Modification to Conditional Use Permit
.THEREFORE, BE IT RESOLVED that the Planning Commission determines compliance
with an approved Conditional Use Permit- (PLN2015-247) and approves a Modification
(I'LN2017-71) to extend the closing time of the existing restaurant and bar from 1.1:30 PM
to 12:00 AM, daily, on property located at 394 E. Campbell Avenue, subject to the.
attached Conditions of Approval (attached Exhibit "A").
PASSED AND ADOPTED this.14th day of March, 2017, by the following roll call vote:
AYES: Commissioners: Dodd, Kendall, Rich, Rivlin, and. Young..
NOES Commissioners: , .
ABSENT` Commissioners: Hernandez
ABSTAIN: Commissioners: Reynolds _ _r -_.
_ APPROVED:
' Yvonne Kendall, Chair
ATTEST:
Paul Kermoyan, ,Secretary
. r