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PC Res 4094RESOLUTION NO. 4094 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2012-255) TO ALLOW THE ESTABLISHMENT OF A NEW WINE BAR WITH FOOD SERVICE (REGALE WINE BAR) THAT INCLUDES BEER AND WINE SALES AND LATE NIGHT OPERATIONAL HOURS (OPEN TO PUBLIC UNTIL 11 P.M. WITH CLEAN UP TO 12 A.M.) ON PROPERTY LOCATED AT 400 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 PLN2012-255: Environmental Finding 1. 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. 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 wine bar is considered a "liquor establishment", subject to approval of a Conditional Use Permit, consistent with CMC 21.46.070. 3. The proposed wine bar would occupy a 6,211 square-foot existing vacant tenant space. 4. The project site is located on the south side of East Campbell Avenue, between Central Avenue and Railway Avenue. 5. The requested Conditional Use Permit would allow late night operational hours and beer and wine sales in conjunction with a new wine 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: Planning Commission Resolution No.4094 PLN2012-255 - 400 E. Campbell Avenue -Regale Wine Bar -Conditional Use Permit Page 2 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 wine bars and/or wine tasting establishments have a 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, number of seats, maximum occupancy, 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 tirr~e 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 an 11:00 PM public closing time and live entertainment ending at 10:00 PM. 11. Food service will be available will be available at all times the business is open to the public. 12. The Police Department is supportive of the application as conditioned with a closing time of 11:00 PM daily which won Friday and Saturday and no live entertainment after 10:00 PM. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 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 to carry the kind and quantity of traffic the use would be expected to generate. Planning Commission Resolution No.4094 PLN2012-255 - 400 E. Campbell Avenue -Regale Wine Bar -Conditional Use Permit Page 3 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. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit (PLN2012-255) to allow the establishment of a new wine bar with food service (Regale Wine Bar) that includes beer and wine sales and late night operational hours (open to public until 11 p.m. with clean up to 12 a.m.) on property located at 400 E. Campbell Avenge. Where approval by the Director of Community Development, 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 (PLN2012-255) to allow late night operational hours, live entertainment, and beer and wine sales for a Planning Commission Resolution No.4094 PLN2012-255 - 400 E. Campbell Avenue -Regale Wine Bar -Conditional Use Permit Page 4 new wine bar with food service (Regale Wine Bar) located at 400 E. Campbell Avenue. The project shall substantially conform to the Revised Project Plans and Business Plan received by the Planning Division on January 17, 2013 and November 28, 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 March 9, 2014). Within this one-year period, the new wine bar with food service shall be established on site. Approval for a late night operational hours and beer and wine sales for the new wine bar shall be valid in perpetuity with continued operation of the use. Continued approval of live entertainment is conditioned upon successfully obtaining and maintaining a Live Entertainment Permit issued by the Police Department., Abandonment, discontinuation, or ceasing of operations for a continuous period of twelve months shall void the Conditional Use Permit approved herein. 3. Sianaae: 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 CM 21.10.060.x. The allowable sign materials for the project site shall include enameled metal, painted wood, cast metal, painted fabric, and similar materials. Plastic signage of any type, whether individual letters or as part of a box (or cabinet), shall not be approved. 4. Revision to Plans: The building permit construction plans for the wine bar with food service 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. Sheet A1.5 shall be revised to be consistent with the approved building occupancy and with the remaining plan set pages with a maximum occupancy of 239. 5. Exterior Modifications: The subject building is included in the City's Historic Resource Inventory and is known as the Grower's National Bank Building. No exterior modifications shall be allowed other than those previously approved as part of the exterior restoration and seismic upgrade Building Permit approved in 2008. 6. Operational Standards: Consistent with the Downtown Alcohol Beverage Policy and other City standards, any wine bar with food service operating pursuant to the Conditional Use Permit approved herein shall conform to the following operational standards. a. Age Restriction: No person under the age of 21 years shall be allowed to enter and/or remain on site unless allowed as part of the live entertainment (musician) exemption pursuant to Government Code Section 25663.5. Planning Commission Resolution No.4094 PLN2012-255 - 400 E. Campbell Avenue -Regale Wine Bar -Conditional Use Permit Page 5 b. Patrons Occupancy: Total indoor occupancy shall be limited to 239 seated patrons and a maximum of 17 associated employees of the business with no patrons allowed to be served while standing. At no time shall total there be more than 239 patrons and 17 employees 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. c. 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 chairs shall be placed in such a manner to allow sufficient area for seating. At no time shall tables and chairs be stacked or removed from the identified seating area or' placed outside. d. Hours of Operation: Hours of operation shall be as follows. By the end of 'Business Hours' all patrons shall have exited the wine bar. By the end of the 'Operational Hours' all employees shall be off the premises. • Business Hours (open to the public): 11:00 AM - 10:00 PM, Sun-Wed 11:00 AM - 11:00 PM, Thur-Sat • Operational Hours: 10:00 AM - 11:00 PM, Sun-Wed 10:00 AM - 12:00 AM, Thur-Sat e. Live Entertainment: Indoor five entertainment is permitted as part of the Conditional Use Permit approval and is limited to 6:00 PM to 10:00 PM daily. A Live Entertainment Permit from the Police Department is required prior to the first performance of live entertainment. Outdoor live entertainment is prohibited. f. Cover Charge: At no time shall a cover charge be required or a donation necessary in order to patronize the establishment. g. Smoking: "No Smoking" signs shall be posted on the premises in compliance with CMC 6.11.060. h. Outdoor Seating: Outdoor seating is prohibited. 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 live entertainment activity immediately cease, subject to the project being brought back to the Planning Commission for review. 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. Planning Commission Resolution No.4094 PLN2012-255 - 400 E. Campbell Avenue -Regale Wine Bar -Conditional Use Permit Page 6 k. Doors and Windows: Doors and windows shall remain closed after 10:00 PM. I. Trash & Clean Up: All trash, normal clean up, carpet cleaning, etc. shall not be done ire the late evening or early morning hours. All trash removal shall be done between 6:00 AM and 11:00 PM daily. m. Liquor License: The applicant shall obtain and maintain in good standing the appropriate alcohol beverage license from the State Department of Alcoholic Beverage Control for the sale of alcoholic beverages in conjunction with a wine bar with food service. 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. n. Employee Training: The establishment shall use an employee training manual that addresses alcoholic beverage service consistent with the standards of the California Department of Alcoholic Beverage Control. o. Designated Driver Program: The establishment shall maintain and actively promote a designated driver program (e.g., complimentary non-alcoholic beverages for designated drivers). p. Taxicab Service: The establishment shall post in a conspicuous place the telephone numbers of local taxicab services. q. Outdoor Activity: No outdoor activity (e.g., cooking) is permitted in association with the establishment. r. 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. s. Security: If the use generates disturbances that in the opinion of the Police Department security is required, the applicant shall provide private security to the satisfaction of the Police Chief. 7. Revocation of Permit: Operation of the wine bar with food service 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 Planning Commission Resolution No.4094 PLN2012-255 - 400 E. Campbell Avenue -Regale Wine Bar -Conditional Use Permit Page 7 of approval or revoking its Conditional Use Permit. The Community Development Director many 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 a condition of approval. 8. Fire Sprinkler Connection: The temporary fire sprinkler connection located on the storefront shall be recessed into the wall as originally approved prior to building occupancy. Building Division: 9. Permits Required: A building permit application shall be required for the proposed tenant improvements to the existing vacant commercial structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 10. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 11. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 12. 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. 13. 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 numt~ers shall also be clearly called out. Site parking and path of travel to public sidewalks shall be detailed. Planning Commission Resolution No.4094 PLN2012-255 - 400 E. Campbell Avenue -Regale Wine Bar -Conditional Use Permit Page 8 14. 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. 15. Special InsGections: 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. 16. 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. 17. 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. 18. Title 24 Accessibility -Commercial: Projects seeking to use the Title 24 Hardship exemption clause shall blue-line completed, City of Campbell "20%" exemption form on submitted construction plans. Form is available at Building Division service counter. 19. 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) 20. P.G. &E: Applicant is advised to contact Pacific Gas and Electric Company as early as possible i!n the approval process. Service installations, changes and/or relocations may requires 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. 21. Storm Water Reauirements: Storm water run-off from impervious surface created by this permitted project shall be directed to vegetated areas on the project parcel. Storm water shall not drain onto neighboring parcels. 22. Trash Enclosure: The proposed fenced enclosure under the exterior stairway at rear of building is not allowed. The proposed trash enclosure shall meet all applicable standards for fire protection and safety as required by the Building Official and County Fire District. This includes, but is not limited to, a fire rated enclosure with adequate Planning Commission Resolution No.4094 PLN2012-255 - 400 E. Campbell Avenue -Regale Wine Bar -Conditional Use Permit Page 9 fire suppression (fire sprinklers) and a solid floor with a sanitary sewer drain connection. COUNTY FIRE I~-ISTRICT 23. 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. 24. Project Plans: The project plans show the project conditions required by the Fire District on Page A0.0. Note that condition #4 of refers to the "fire sprinkler monitoring system" -this will require separate review by this office. 25. Address Identification: New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers sFiall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of four inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7mm). Where access by means of a private road and the building cannot be viewed from the public way, pole or other sign or means shall be used to identify the structure. CFC Sec. 505.1. PASSED AND ADOPTED thi: AYES: Cornmissioners: NOES: Cornmissioners: ABSENT: Cornmissioners ABSTAIN: Cornmissioners: ATTEST: 26th day of February, 2013, by the following roll call vote: Brennan, Finch, Gibbons, Resnikoff, Reynolds and Roseberry: None None Razumich APPROVED: ~~ Philip C. Reynolds, air Paul~Kerr~io~ian, Acting Secretary