PC Res 4108RESOLUTION NO. 4108
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE
PERMIT (PLN2013-133) TO ALLOW ON AND OFF-SITE BEER
AND WINE SALES AND LATE NIGHT OPERATION IN
ASSOCIATION WITH A NEW RESTAURANT (SPREAD DELI) ON
PROPERTY LOCATED AT 193 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 file number PLN2013-133:
1. The project site is located along East Campbell Avenue between Second and Third
Streets.
2. The project site is zoned C-PD (Condominium Planned Development) and designated
Central Commercial by the General Plan Land.
3. Sale of alcohol within a restaurant is considered a "liquor establishment", subject to
approval of a Conditional Use Permit, consistent with CMC Sec. 21.46.070.
4. The proposed restaurant would occupy an existing 1,247 square-foot restaurant space.
5. Existing allowance for beer and wine sales was granted pursuant to CMC Sec.
21.10.060.F.2, which permits the sale of beer and wine for on-site consumption without
a Conditional Use Permit, within a standard restaurant without a separate bar.
6. The requested Conditional Use Permit would allow on- and off-site beer and wine sales
and late-night operation in association with a new restaurant.
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 approval of a Conditional Use Permit incorporates applicable operational
standards of the Downtown Alcohol Beverage Policy.
Planning Commission Resolution No. 4108
PLN2013-133 - 193 E. Campbell Avenue -Conditional Use Permit -Spread Deli
Page 2
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
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.
Planning Commission Resolution No. 4108
PLN2013-133 - 193 E. Campbell Avenue -Conditional Use Permit -Spread Deli
Page 3
THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional
Use Permit (PLN2013-133) to allow on and off-sale beer and wine sales and late-night
operation in association with a new restaurant (Spread Deli) on property locate at 193 E.
Campbell Avenue.
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 a Conditional Use Permit (PLN2013-133) to
allow on- and off-site beer and wine sales and late-night operation in association with a
new restaurant. The project shall substantially conform to Project Plans and Project
Description, stamped as received by the Planning Division on May 17, 2013, 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 July 19,
2014). Within this one-year period, the new restaurant shall be established on site.
Approval for on- and off-site beer and wine sales and late-night operation in association
with a new restaurant 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. 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 25 seated persons, consisting of 15 dining room seats and
10 counter seats, consistent with the approved project plans. At no time shall
there be more than 25 patrons within the establishment, excluding those
waiting for service or selecting retail products. 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. Bar Area: No bar area, as defined by the Campbell Municipal Code, is
permitted in association with the restaurant.
Planning Commission Resolution No. 4108
PLN2013-133 - 193 E. Campbell Avenue -Conditional Use Permit -Spread Deli
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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 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.
Future changes to the floor plan configuration shall be subject to review and
approval of the Community Development Director to ensure that the sales
area for beer and wine products for off-site consumption remains ancillary to
the primary operation of the business as a restaurant.
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 8:00 AM - 10:00 PM, Sunday -Thursday
8:00 AM - 11:00 PM, Friday -Saturday
• Operational Hours 7:00 AM - 11:00 PM, Sunday -Thursday
7:00 AM - 12:00 AM, Friday -Saturday
e. Food Service: Full menu food service shall be provided at all times during
the Business Hours in the dining and outdoor seating areas (i.e., the kitchen
shall not be closed).
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 an Administrative Planned Development 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 and
the outdoor seating area shall only be allowed in conjunction with food
service.
h. Alcohol Sales: The monthly gross sales of alcoholic beverages shall not
exceed the gross sales of food during the same period. The business owner
shall provide sales records on demand to the City to verify compliance with
this standard.
i. Special Events: During Downtown Special Events that include the sale of
alcoholic beverages (e.g., "Oktoberfest" and "Boogie on the Bayou"), the
restaurant shall be prohibited from selling alcoholic products for off-site
consumption.
j. Outdoor Seating: Outdoor seating shall be considered part of the dining
area subject to all restrictions herein. In addition, the following requirements
apply:
Planning Commission Resolution No. 4108
PLN2013-133 - 193 E. Campbell Avenue -Conditional Use Permit -Spread Deli
Page 5
i. All tables, chairs, umbrellas, and other furniture associated with the
outdoor seating shall be attractive and made of durable materials. The
design and make of all furniture shall be subject to review and
approval by the Community Development Director prior to installation.
ii. Total patron occupancy in the outdoor seating area shall be limited to
20 seated patrons.
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
replaced 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.
k. Smoking: "No Smoking" signs shall be posted on the premises in
compliance with CMC 6.11.060.
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.
m. 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.
n. Doors and Windows: Doors and windows shall remain closed after 10:00
PM.
o. 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.
p. 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.
Planning Commission Resolution No. 4108
PLN2013-133 - 193 E. Campbell Avenue -Conditional Use Permit -Spread Deli
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q. 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.
r. 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.
s. Designated Driver Program: The establishment shall maintain and actively
promote a designated driver program (e.g., complimentary non-alcoholic
beverages for designated drivers).
t. Taxicab Service: The establishment shall post in a conspicuous place the
telephone numbers of local taxicab services.
u. Outdoor Activity: Other than outdoor seating, no outdoor activity (e.g.,
cooking) is permitted in association with the establishment.
v. 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.
4. 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 procedures, the Community Development Director may
immediately modify the conditions of approval, including but not limited to, hours of
operation and the sale of alcohol. In exercising this authority, the decision making
body may consider the following factors, among others:
Planning Commission Resolution No. 4108
PLN2013-133 - 193 E. Campbell Avenue -Conditional Use Permit -Spread Deli
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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 Violation of conditions of
approval
PASSED AND ADOPTED this 9th day of July, 2013, by the following roll call vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners
ABSTAIN: Commissioners:
ATTEST:
Brennan, Finch, Gibbons, Resnikoff, Reynolds and
Roseberry
None
None
None
..~
APPROVED: ~mv...
Philip C. Reynol ,Chair
Paul Kermoy`an, Secretary