PC Res 4082RESOLUTION NO. 4082
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE
PERMIT (PLN2012-148) TO ALLOW ESTABLISHMENT OF A
NEW RESTAURANT AND BAR WITH LATE NIGHT
OPERATIONAL HOURS AND GENERAL ALCOHOL SALES ON
PROPERTY LOCATED AT 280 E CAMPBELL AVNUE.
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 PLN2012-148:
1. The project site is zoned C-3 (Central Business District) and designated Central
Commercial by the General Plan Land.
2. Sale of alcohol within a restaurant is considered a "liquor establishment", subject to
approval of a Conditional Use Permit, consistent with CMC 21.46.070.
3. The proposed restaurant and bar would occupy a 5,400 square-foot tenant space.
4. The project site is located along East Campbell Avenue at First Street.
5. The requested Conditional Use Permit would allow late night operational hours and
general alcohol sales in conjunction with a new restaurant and bar.
6. 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:
7. 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 restaurants
have an essential role.
8. 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, amount of bar area seating, and alcohol
beverage service, are necessary to protect the public health, safety and welfare.
Planning Commission Resolution No. 4082
PLN2012-148 - 280 E. Campbell Avenue -Conditional Use Permit
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9. 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.
10. 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 public intoxication, vandalism, and
disorderly conduct.
11. Campbell Police Department statistics show a disproportionate number of calls-for-
serviceduring 1:00 AM to 1:59 AM hour.
12. Campbell Police Department statistics show an increase, seasonally adjusted, in
calls-for-service over the last 2 '/z years.
13. A "bar area" is defined as a "separate area, tables, or a room intended primarily for
serving alcoholic beverages" pursuant to CMC 21.10.060.F(1)(b).
14. The placement of dining area proximate to two bar areas constitutes a de-facto bar
area, with seating quantities, inconsistent with Downtown Alcohol Beverage Policy.
15. 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 and bar area seating comprising no more than 25% of the total seating
capacity.
16. Alcohol beverage service in the restaurant shall be ancillary and subordinate to the
primary purpose of serving food.
17. The Police Department is supportive of the application as conditioned with a closing
time of 12:00 AM. Absent such a condition, the Police Department would
recommend denial of the application.
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;
Planning Commission Resolution No. 4082
PLN2012-148 - 280 E. Campbell Avenue -Conditional Use Permit
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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;
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; and
12. The project is Categorically Exempt under Section 15301 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 Conditional
Use Permit (PLN2012-148) to allow establishment of a new restaurant and bar with late
night operational hours and general alcohol sales on property located at 280 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
Planning Commission Resolution No. 4082
PLN2012-148 - 280 E. Campbell Avenue -Conditional Use Permit
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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 Conditional Use Permit (PLN2012-148)
to allow late night operational hours and general alcohol sales for a new restaurant
and bar. The project shall substantially conform to the Revised Project Plans and
Project Description stamped as received by the Planning Division on August 7, 2012
and August 8, 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 (expiring September
8, 2013). Within this one-year period, the new restaurant shall be established on site.
Approval for a late night operational hours and general alcohol sales for a new
restaurant and bar 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. Permit Issuance: A building permit for a tenant improvement for the approved
restaurant shall not be issued until the building permit for the subject building has
received final inspection clearance, unless otherwise allowed by the Community
Development Director.
4. Signs: No signage is permitted as part of this development application. New signage
shall not be installed prior to approval of a sign permit as required by CM
21.10.060.x.
5. Revision to Plans: The building permit construction plans for the restaurant tenant
improvement shall incorporate the following revisions:
a. The conditions of approval shall be printed in full on a separate sheet after the
cover sheet.
b. The floor plan shall be annotated to identify no more than 39 bar area seats
(including a lounge area), to the satisfaction of the Community Development
Director.
c. The floor plan shall show placement of pots, instead of planters, around the edge
of the raised patio area. Specifications of the pots (i.e., size, material, color, etc.)
shall be included in the construction drawings to be reviewed and approved by the
Community Development Director prior to installation
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PLN2012-148 - 280 E. Campbell Avenue -Conditional Use Permit
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6. Operational Standards: Consistent with the 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.
a. Restaurant Seating/Patron Occupancy: Total indoor patron occupancy shall be
limited to 157 seated patrons, consisting of 118 dining area seats and no more
than 39 bar area seats (25%), 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 157 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 11:00 AM - 12:00 AM, Saturday -Sunday
• Operational Hours: 9:00 AM - 1:00 AM, Saturday -Sunday
c. 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).
d. Queuing Management and Security Plan: Prior to issuance of a Business
License, the business owner shall prepare, to the satisfaction of the Community
Development Director and Police Chief, a 'Queuing Management and Security
Plan', which shall indicate the location of a queuing line; number and qualifications
of security personnel; number, placement, and accessibility of security cameras;
and any other pertinent information as required by the Police Department.
e. Bar Area Meal Service: Meal service shall be available in the bar area at all
times.
f. 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 Conditional Use Permit and shall be limited to live musicians complimentary
to the primary purpose of proving meal service.
g. 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.
h. Smoking: "No Smoking" signs shall be posted on the premises in compliance
with CMC 6.11.060.
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PLN2012-148 - 280 E. Campbell Avenue -Conditional Use Permit
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i. Outdoor Seating: Outdoor seating shall be considered part of the dining area
subject to all restrictions herein. In addition, the following requirements apply:
i. All 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.
ii. Total patron occupancy in the outdoor seating area shall be limited to 22
seated patrons, exclusive of the shared patio area.
iii. 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 to prevent
unauthorized use. All outdoor furniture shall be placed inside at the end of
each business day.
iv. All outdoor furniture shall be kept clean and in good repair and rep~aced
and/or fixed as necessary.
v. The business owner shall maintain comprehensive liability insurance and list
the City as an "additionally insured", consistent with CMC 21.10.060.H(6).
Before the issuance of a Business License, the business owner shall furnish
to the city a certificate of insurance.
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.
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. Doors and Windows: Doors and windows shall remain closed after 10:00 PM.
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: The applicant shall obtain and maintain in good standing a Type
47 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. A copy of the issued
license shall be provided to the Community Development Department prior to
issuance of a Business License.
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PLN2012-148 - 280 E. Campbell Avenue -Conditional Use Permit
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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. 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.
7. Revocation of Permit: Operation of the restaurant and bar pursuant to the Conditional
Use Permit approved herein is subject to Sections 21.68.020, 21.68.030 and
21.68.040 of the Campbell Municipal Code authorizing the appropriate decision
making body to modify or revoke a 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 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 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;
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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.
PASSED AND ADOPTED this 28th day of August, 2012, by the following roll call vote:
AYES: Commissioners
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
ATTEST:
Alster, Brennan, Ebner, Gibbons, Resnikoff, Reynolds
and Roseberry
None
None
None
APPROVED:
Theresa Alster, Chair