PC Res 4085RESOLUTION NO. 4085
BEING A RESOLUTION OF THE PLANNING COMMISSION
01= THE CITY OF CAMPBELL APPROVING A CONDITIONAL
USE PERMIT (PLN2012-196) TO ALLOW LATE NIGHT
OPERATIONAL HOURS AND GENERAL ALCOHOL SALES
FOR A NEW RESTAURANT ON PROPERTY LOCATED AT
27'6 E. CAMPBELL AVENUE.
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 PLN2012-196:
Environmental Finding
1. The project is Categorically Exempt under Section 15301 Class 1 of the California
Environment Quality Act (CEC~A), 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.
Evidentiary Findings
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 oi` a Conditional Use Permit, consistent with CMC 21.46.070.
3. The proposed restaurant and bar would occupy a 2,707 square-foot tenant space.
4. The project site is located at the intersection of East Campbell Avenue and First
Street.
5. The requested Conditional Use Permit would allow late night operational hours and
general alcohol sales in conjunction with a new restaurant with a separate bar area.
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.
Planning Commission Resolution No. 4085
PLN2012-196 - 276 E. Campbell Avenue -Conditional Use Permit - OPA! Restaurant
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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.
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 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.
11. Alcohol beverage service in the restaurant shall be ancillary and subordinate to the
primary puirpose of serving food.
12. The Police Department is supportive of the application as conditioned with a closing
time of 12:(JO AM.
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 tc~ 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.
Planning Commission Resolution No. 4085
PLN2012-196 - 276 E. Campbell Avenue -Conditional Use Permit - OPA! Restaurant
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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.
THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional
Use Permit (PLN2012-196) to allow late night operational hours and general alcohol
sales for a new irestaurant on property located at 276 E. Campbell Avenue.
The applicant i;> hereby notified, as part of this application, that he/she is required to
meet the followiing 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
Planning Division
Approved Project: Approval is granted for a Conditional Use Permit (PLN2012-196)
to allow late night operational hours and general alcohol sales for a new restaurant
with a separate bar area. The project shall substantially conform to the Revised
Project Plans, Project Description, and Outdoor Dining Furniture and Planter
Material SI-~eets, stamped as received by the Planning Division on October 2, 2012,
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PLN2012-196 - 276 E. Campbell Avenue -Conditional Use Permit - OPA! Restaurant
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October 5, 2012, and October 5, 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 November
2, 2013). ~Nithin 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. Si na e: 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 21.10.060.x. 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 c,abinet), shall not be approved.
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.
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 94 seated patrons, consisting of 78 dining area seats and no
more than 16 bar area seats (17%), 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 94 patrons within the
estabuishment. 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. 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
chair :shall be placed in such a manner to allow sufficient area for dining. At no
time shall tables and chairs be stacked or removed from the identified dining
area or placed outside.
Planning Comrriission Resolution No. 4085
PLN2012-196 - 276 E. Campbell Avenue -Conditional Use Permit - OPA! Restaurant
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c. 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
d. 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).
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 IVlodification 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 and the
outdoor seating 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.
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 Outdoor Dining Patio Furniture and Planter
Sheets.
ii. Total patron occupancy in the outdoor seating area shall be limited to 48
seated patrons during the hours the adjacent tenant is open to the public
and a maximum of 66 seated patrons when the adjacent tenant is closed.
iii. During the hours that the adjacent business is open to the public, all
outdoor furniture (limited to 48 seats) shall be located directly in front of the
tenant space and shall not encroach past the eastern demising wall
separating the subject tenant space and the adjacent tenant space. During
thE; hours that the adjacent business is closed, one row of an additional 18
seats (9 two-seat tables) may be placed as shown on the approved site
plan
iv. Use of the outdoor seating area shall cease by 11:00 PM, daily. At such
tirr~e, 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.
Planning Commission Resolution No. 4085
PLN2012-196 - 276 E. Campbell Avenue -Conditional Use Permit - OPA! Restaurant
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v. Alll outdoor furniture shall be kept clean and in good repair and replaced
and/or fixed as necessary.
vi. Trre 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
o~nrner shall furnish to the city a certificate of insurance.
j. Outdoor Patio/Dining Area: 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 the hanging and box planters 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 per>on 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
seatinig 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.
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.
m. Doors and Windows: Doors and windows shall remain closed after 10:00
PM.
n. Trash 8~ 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. Liquar 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.
q. Employee Training: The establishment shall use an employee training
manual that addresses alcoholic beverage service consistent with the
Planning Comrriission Resolution No. 4085
PLN2012-196 - 276 E. Campbell Avenue -Conditional Use Permit - OPA! Restaurant
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standards of the California Restaurant Association and the 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
teleprrone 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.
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 dis~:,retion 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
Communityr 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.
Planning Commission Resolution No. 4085
PLN2012-196 - 276 E. Campbell Avenue -Conditional Use Permit - OPA! Restaurant
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Building Division:
8. Permits Re uired: A building permit application shall be required for the proposed
restaurant tenant improvement in the existing vacant tenant space. The building
permit shall include Electrical/Plumbing/Mechanical fees when such work is part of
the permit.
9. Construction Plans: The Conditions of Approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
10. Size of Plans: The minimum size of construction plans submitted for building
permits shall be 24 in. X 36 in.
11. 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.
12. 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. Site address and
parcel numbers shall also be clearly called out. Site parking and path of travel to
public sidewalks shall be detailed.
13. Title 24 Energy Compliance: California Title 24 Energy Compliance forms shall be
blue-lined on the construction plans. Compliance with the Standards shall be
demonstrated for conditioning of the building envelope and lighting of the building.
14. 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 Appendix Chapter 1, Section 106. Please obtain
City of Campbell, Special Inspection forms from the Building Inspection Division
Counter.
15. Non-point Pollution Control Program: The City of Campbell, standard Santa Clara
Valley Non-point 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.
16. Title 24 Accessibility -Commercial: On site general path of travel shall comply with
the latest California Title 24 Accessibility Standards. Work shall include but not be
limited to accessibility to building entrances from parking facilities and sidewalks.
17. Title 24 Accessibility -Commercial: Projects seeking to use the Title 24 Hardship
exemption clause shall blue-line completed, City of Campbell "20%" exemption form
Planning Commission Resolution No. 4085
PLN2012-196 - 276 E. Campbell Avenue -Conditional Use Permit - OPA! Restaurant
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on submitted construction plans. Form is available at Building Division service
counter.
18. Approvals Required: The project requires the following agency approval prior to
issuance of the building permit:
a. West Valley Sanitation District (378-2407)
b. Santa. Clara County Fire Department (378-4010)
c. Santa. Clara County Dept. of Environmental Health (918-3400)
d. City of San Jose Dept. of Environmental Services (535-8550)
19. 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.
COUNTY FIRE DEPARTMENT
20. Development Review: Review of this development proposal is limited to
acceptability 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 Department all
applicable construction permits.
PASSED AND ADOPTED this 23~d day of October, 2012, by the following roll call vote:
AYES: Commissioners: Brennan, Finch, Resnikoff, Reynolds and Roseberry
NOES: Commissioners: None
ABSENT: Commissioners: Gibbons and Razumich
ABSTAIN: Commissioners: None ~~
.w~2~'J
APPROVED:
~~ I Philip C. Reynolds, hair
ATTEST:
Paul IKe~moyan, Secretary