PC Res 4065RESOLUTION NO. 4065
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A MODIFICATION
(PLN2012-81) TO A PREVIOUSLY APPROVED CONDITIONAL
USE PERMIT TO CHANGE THE HOURS OF OPERATION AND
NUMBER OF SEATS FOR AN EXISTING RESTAURANT (EL
GUAPO'S) ON PROPERTY LOCATED AT 266 E. CAMPBELL
AVENUE IN THE C-3 (CENTRAL BUSINESS DISTRICT) ZONING
DISTRICT. FILE NO.: PLN20'~2-81
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 PLN2012-081:
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 6,720 square-foot parcel, improved with a 3,941
square-foot single-story building.
3. The project site is located along East Campbell Avenue between Second and First
Streets.
4. The existing restaurant space was previously permitted beer and wine sales
pursuant to Campbell Municipal Code Sec. 21.10.060(F)(2) and late-night
operational hours pursuant to Conditional Use Permit PLN2004-188/PLN2006-157.
5. The Planning Commission approved a Conditional Use Permit (PLN2010-169) for
general alcohol sales and an expansion of the restaurant by Resolution No. 4019.
6. Approval of this Modification (PLN2012-81) would supersede the previously
approved Conditions of Approval (PLN2010-169).
7. Pursuant to Campbell Municipal Code Sec. 21.10.060(I)(3)(a), retail uses and
standard restaurants may occupy an existing building and shall not be required to
provide additional parking unless the building is expanded.
8. A restaurant with general on-sale liquor sales is compatible with the C-3 (Central
Business District) zoning designation with approval of a Conditional Use Permit.
9. The approval of a Modified Conditional Use Permit incorporates applicable
operational standards of the Downtown Alcohol Beverage Policy.
10. The consumption of alcohol will be restricted to 8:00 AM to 12:00 AM, daily.
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11. The hours of operation shall be restricted to:
• Business Hours 8:00 AM to 1:00 AM, Sun. -Wed.
8:00 AM to 1:30 AM, Thur. -Sat.
• Operational Hours: 7:00 AM to 2:00 AM, Sun. -Wed.
7:00 AM to 2:30 AM, Thur. -Sat.
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;
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11. The establishment is currently operating and has operated in good standing under
the terms of its conditional use permit and as a responsible business in the
community;
12. The proposed expansion will not have a material detrimental affect on the health,
safety, and welfare of the downtown and its surrounding neighborhoods due to its
size, number of permitted occupants and general management and operation; and
13. The expansion or intensification will not adversely affect the goal of achieving a
balanced use of commercial space downtown as envisioned under the Downtown
Development plan which promotes predominantly retail and restaurant uses.
14. This 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
Modification (PLN2012-81) to a previously approved Conditional Use Permit to change
the hours of operation and number of seats for an existing restaurant (EI Guapo's) on
property located at 266 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:
COMMUNITY DEVELOPMENT DEPARTMENT
1. Approved Project: Approval is granted for a Modification (PLN2012-81) to a
previously approved Conditional Use Permit (PLN2010-69) to allow an extension of
hours of operation and an increase in seating capacity for an existing restaurant with
approved general on-sale liquor sales and late-night operational hours. The project
shall substantially conform to the revised project plans and revised project
description, stamped as received by the Planning Division on April 13, 2012 and April
3, 2012, respectively, except as may be modified by the conditions of approval
contained herein.
2. Previous Conditions of Approval: Upon the effective date of the Resolution approving
this Modification (PLN2012-81 ), the previously approved conditions of approval
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(PLN2010-169) shall be void and shall permanently be superseded in their entirety by
the conditions of approval specified herein.
3. Conditional Use Permit Approval Expiration: Approval for the use (a restaurant with
general on-sale liquor sales and late-night operational hours) is 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. Approval for the modified floor plan configuration is subject
to the applicant submitting the appropriate revision materials to the Building Division
to revise Building Permit No. BLD2012-00112.
4. Revocation of Permit: Operation of the use in violation of the Modified Conditional
Use Permit or any standards, codes, or ordinances of the City of Campbell shall be
grounds for consideration of revocation of this approval by the Planning Commission.
5. Operational Standards: Consistent with Downtown Alcohol Beverage Policy and
other City standards, any restaurant operating pursuant to the Modified Conditional
Use Permit approved herein shall conform to the following operational standards. The
approved use is a full service restaurant.
a. Restaurant Seating/Patron Occupancy: Total indoor patron occupancy shall be
limited to 64 seated persons, consistent with the 48 dining area seats and 16 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 64 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. Hours of Operation: Hours of operation shall be as follows. By the end of
`Business Hours' all patrons shall have exited the restaurant. By the end of the
`Operational Hours' all employees shall be off the premises.
Business Hours: 8:00 AM to 1:00 AM, Sun. -Wed.
8:00 AM to 1:30 AM, Thur. -Sat., and special
occasions that may fall on other days (e.g.,
holidays, downtown festivals, etc.). Special occasion
dates shall not exceed ten (10) in any calendar year,
subject to condition of approval 5(c).
Operational Hours: 7:00 AM to 2:00 AM, Sun. -Wed.
7:00 AM to 2:30 AM, Thur. -Sat., and Special
Occasions
c. Special Occasions: By the second of week of January each year, the business
owner shall submit a list of the ten special occasion dates for that calendar year,
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for review and approval by the Community Development Director. The Community
Development Director may impose reasonable restrictions for particular special
occasion dates. Allowance for extended business hours on special occasion
dates applies only to food service and does not allow for the service or
consumption of alcohol after 12 AM.
d. Alcohol Beverage Consumption: Alcohol beverage consumption shall be limited
to 8:00 AM to 12:00 AM, Sunday through Saturday. Alcohol shall not be sold after
12:00 AM and it is the responsibility of the business owner to ensure that no
patrons consume alcohol after 12:00 AM. Further, within the dining area, alcohol
beverage consumption shall only be allowed in conjunction with food service. The
dining area shall not be converted to a bar area.
e. Bar Area Seating: The bar area shall be constructed as shown on the approved
plans. Future changes to the bar area shall not increase the bar area seating to
more than 25% of the total seating allowed for the establishment (16 seats).
f. 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).
g. Smoking: "No Smoking" signs shall be posted on the premises in compliance
with CMC 6.11.060.
h. Live Entertainment/Dancing: No live entertainment, with or without dancing, is
permitted as part of the Conditional Use Permit approval, including live music,
disc jockey, karaoke. Future requests for live entertainment and/or dancing shall
be through approval of a Modification to the Conditional Use Permit and shall be
limited to live musicians complimentary to the primary purpose of proving meal
service.
Bar Area Meal Service: Meal service shall be available in the bar area at all
times.
Outdoor Seating: Outdoor seating shall be considered part of the dining area
subject to all restrictions herein. Outdoor seating area shall be closed (all patrons
shall have exited) by 11:00 PM. Total patron occupancy in the outdoor seating
shall be limited to the number of approved seats as specified by an approved
Outdoor Seating Permit.
k. 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.
I. 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
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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, and
all doors (including the roll-up doors) and windows 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.
m. 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.
n. Liquor License: Prior to building permit final, the applicant shall obtain and
maintain in good standing a Type 47 license from the State Department of
Alcoholic Beverage Control. The license shall include the Alcohol Beverage
Consumption restrictions (8:00 AM to 12:00 AM, Sunday through Saturday)
consistent with the Conditional Use Permit approved herein.
o. 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.
p. Designated Driver Program: The establishment shall maintain and actively
promote a designated driver program (e.g., complimentary non-alcoholic
beverages for designated drivers).
q. Taxicab Service: The establishment shall post in a conspicuous place the
telephone numbers of local taxicab services.
r. Outdoor Activity: Other than outdoor seating, no outdoor activity (e.g., cooking)
is permitted in association with the establishment.
s. Doors and Windows: All doors (including the roll-up doors) and windows shall
remain closed after 11:00 PM.
t. Security: If deemed necessary by the Chief of Police, uniformed, privately
provided security staff may be required in and/or around the premises.
u. Coordination Meetings: If deemed necessary by the Chief of Police, periodic
meetings may be conducted with representatives from the Police Department and
State Alcohol Beverage Control for on-going employee training on alcoholic
beverage service to the general public.
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PASSED AND ADOPTED thi:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
8t"day of May, 2012, by the following roll call vote:
Alster, Brennan, Gibbons, Resnikoff, Reynolds and
Roseberry
None
Ebner
None
APPROVED: ~~~-~'j'°~~ ~'~~~
Theresa Alster, Chair
ATTEST: ~°
Kirk einric s, Secretary