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PC Res 4107RESOLUTION NO. 4107 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING AN ADMINISTRATIVE PLANNED DEVELOPMENT PERMIT (PLN2013-152) AND A MODIFICATION (PLN2013-153) TO A PREVIOUSLY APPROVED CONDITIONAL USE PERMIT TO ALLOW LATE NIGHT OPERATION AND LIVE ENTERTAINMENT IN ASSOCAITION WITH AN EXISTING RESTAURANT (LITTLE LOU'S BBQ) ON PROPERTY LOCATED AT 2455 S. WINCHESTER BOULEVARD. 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 file number PLN2013-152/153: 1. The project site is zoned Planned Development (P-D) and designated Commercial/Prof. Office/Residential in the General Plan. 2. The project site consists of an 11.3 acre shopping center known as Campbell Plaza, developed with 126,540 square feet of building area and 647 parking spaces. 3. The project site is located at the southwest corner of South Winchester Boulevard and Budd Avenue, abutting commercial properties to the south and adjacent residential properties to the west. 4. The Campbell Plaza Shopping Center includes three on-site sale and two off-site sale alcohol establishments. 5. The proposed project would modify previously approved City permit entitlement to allow late-night operation and live entertainment in conjunction with an existing restaurant (Little Lou's BBQ). 6. The existing restaurant space is permitted beer and wine sales pursuant to Conditional Use Permit PLN2008-29 approved by Planning Commission Resolution No. 3880, as modified by Planning Commission Resolution No. 3998 (PLN2010-216). 7. Late night operation and live entertainment in associate with a restaurant with beer and wine sales is compatible with the Planned Development zoning designation with approval of an Administrative Planned Development Permit and a Modification of an existing Conditional Use Permit. 8. The approval of an Administrative Planned Development Permit and a Modification of an existing Conditional Use Permit incorporates applicable operational standards of the Downtown Alcohol Beverage Policy. Planning Commission Resolution No. 4107 PLN2013-152/153 - 2455 S. Winchester Blvd - Admin PD Permit & Modification to CUP Page 2 9. Alcohol beverage service in the restaurant will remain ancillary and subordinate to the primary purpose of serving food. 10. The Police Department has reviewed the project and is supportive of the project as conditioned, Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed development or uses clearly would result in a more desirable environment and use of land than would be possible under any other zoning district classification; 2. The proposed development would be compatible with the general plan and will aid in the harmonious development of the immediate area; 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 will not result in an over concentration of these uses in the surrounding area; 7. The establishment will not create a nuisance due to litter, noise, traffic, vandalism, or other factors; 8. The establishment will not significantly disturb the peace and enjoyment of the nearby residential neighborhood; 9. The establishment will not significantly increase the demand on city services; 10. 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; and Planning Commission Resolution No. 4107 PLN2013-152/153 - 2455 S. Winchester Blvd - Admin PD Permit & Modification to CUP Page 3 11. 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 an Administrative Planned Development Permit (PLN2013-152) and a Modification (PLN2013-153) to a previously approved Conditional Use Permit to allow late night operation and live entertainment in association with an existing restaurant (Little Lou's BBQ) on property located at 2455 S. Winchester Boulevard. 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 1. Approved Project: Approval is granted for an Administrative Planned Development Permit (PLN2013-153) and a Modification (PLN2013-152) to a previously approved Conditional Use Permit, to allow late-night operation and live entertainment in association with an existing restaurant with beer and wine sales. The project shall substantially conform to the Project Description stamped as received by the Planning Division on June 3, 2013, and previously submitted Project Plans and Project Description approved by Planning Commission Resolution No. 3998, 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 and Administrative Planned Development Permit, previously approved Conditions of Approval provided in Planning Commission Resolutions No. 3998 and 3880 shall be void and shall permanently be superseded in their entirety by the Conditions of Approval specified herein. 3. Approval Expiration: Approval for late-night operation and live entertainment in association with an existing restaurant with beer and wine sales shall be valid in perpetuity with continued operation. Abandonment, discontinuation, or ceasing of operations for a continuous period of twelve months shall void the Modified Conditional Use Permit and Administrative Planned Development Permit approved herein. 4. Revocation of Permit: Operation of the use in violation of the Modified Conditional Use Permit and Administrative Planned Development Permit or any standards, codes, or Planning Commission Resolution No. 4107 PLN2013-152/153 - 2455 S. Winchester Blvd - Admin PD Permit & Modification to CUP Page 4 ordinances of the City of Campbell or any laws of the State of California applicable to operation of the business, shall be grounds for consideration of revocation of this approval by the Planning Commission. 5. Operational Standards: Consistent with the Downtown Alcohol Beverage Policy and other City standards, any restaurant operating pursuant to the Modified Conditional Use Permit and Administrative Planned Development Permit approved herein shall conform to the following operational standards. a. Restaurant Seating/Patron Occupancy: Total indoor patron occupancy shall be limited to 69 persons, consistent with the approved project plans. At no time shall there be more than 69 patrons within the establishment, excluding those waiting for service. It is the responsibility of the business owner to provide adequate entrance controls to ensure that patron occupancy is not exceeded. 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. c. 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 seating to more than 25% of the total seating allowed for the restaurant (17 seats). d. 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 6:00 AM - 12:00 AM, Sunday -Saturday • Operational Hours: 5:00 AM - 1:00 AM, Sunday -Saturday e. Food Service: Full menu food service shall be provided at all times during the Business Hours in the dining and bar areas (i.e., the kitchen shall not be closed). f. Bar Area Meal Service: Meal service shall be available in the bar area at all times. g. Live Entertainment: Live entertainment, limited to live musicians complimentary to the primary purpose of providing meal service, shall be permitted 11:00 AM to 11:00 PM, daily, subject to approval of a Live Entertainment Permit in compliance with CMC 5.24. At no time shall a cover be charged or donations associated with the live entertainment. On-site security shall be provided as required by the Police Department. Planning Commission Resolution No. 4107 PLN2013-152/153 - 2455 S. Winchester Blvd - Admin PD Permit & Modification to CUP Page 5 h. Alcohol Beverage Service: Alcohol beverage service in the dining room shall only be allowed in conjunction with food service. The dining area shall not be converted to a bar area or dance area. Smoking: "No Smoking" signs shall be posted on the premises in compliance with CMC 6.11.060. j. Outdoor Seating: No outdoor seating is permitted as part of the Modified Conditional Use Permit and Administrative Planned Development Permit approval. Future requests for outdoor seating shall be through the Administrative Planned Development Permit in compliance Campbell Municipal Code Sec. 21.36.150. k. Noise: Unreasonable levels of noise, 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 unreasonable noise, the Community Development Director may immediately 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. Smoker: Any proposed food smoker to be installed inside the building shall be filtered to minimize the amount of smoke and odors emitted from the exhaust hood, to the satisfaction of the Community Development Director, and shall comply with all standards and regulations of the Bay Area Air Quality Management District (BAAQMD). n. Doors and Windows: Doors and windows shall remain closed after 10:00 PM. o. 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. p. Liquor License: The applicant shall obtain and maintain in good standing a Type 41 license from the State Department of Alcoholic Beverage Control for the sale of alcoholic beverages. The license shall include Business Hour and other applicable 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 Commission Resolution No. 4107 PLN2013-152/153 - 2455 S. Winchester Blvd - Admin PD Permit & Modification to CUP Page 6 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 telephone numbers of local taxicab services. t. Outdoor Cooking: No outdoor cooking (i.e., grilling, smoking, etc.) 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. 6. 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. Upon commencing revocation/modification proceedings, the Community Development Director may immediately modify the hours of operation. 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; Planning Commission Resolution No. 4107 PLN2013-152/153 - 2455 S. Winchester Blvd - Admin PD Permit & Modification to CUP Page 7 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 9th day of July, 2013, by the following roll call vote: AYES: Commissioners: Brennan, Finch, Gibbons, Resnikoff, Reynolds and Roseberry NOES: Commissioners: None ABSENT: Commissioners None ABSTAIN: Commissioners: None j~ APPROVED: ~-~~ / i i / ,` ATTEST: ~ '~ ~~ Paul Ker oyan, Secretary 1.. Philip C. R Holds,