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
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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 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.
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PLN2012-255 - 400 E. Campbell Avenue -Regale Wine Bar -Conditional Use Permit
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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
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PLN2012-255 - 400 E. Campbell Avenue -Regale Wine Bar -Conditional Use Permit
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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.
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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.
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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
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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.
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PLN2012-255 - 400 E. Campbell Avenue -Regale Wine Bar -Conditional Use Permit
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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
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PLN2012-255 - 400 E. Campbell Avenue -Regale Wine Bar -Conditional Use Permit
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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