PC Res 4115RESOLUTION NO. 4115
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE
PERMIT (PLN2013-244) TO ALLOW LATE NIGHT
OPERATIONAL HOURS AND GENERAL ON-SALE ALCOHOL
SALES IN CONJUNCTION WITH AN EXISTING RESTAURANT
ON PROPERTY LOCATED AT 379 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 PLN2013-244:
1. The project site is zoned C-3 (Central Business District) and designated Central
Commercial by the General Plan Land Use Element.
2. The project site consists of a 1,750 square-foot parcel, improved with a 1,348 square-
foot building.
3. The project site is located along East Campbell Avenue between North Central
Avenue and the railroad tracks.
4. The requested Conditional Use Permit would allow late-night operational hours and
general alcohol sales in conjunction with an existing restaurant.
5. The approval of a Conditional Use Permit incorporates applicable operational
standards of the Downtown Alcohol Beverage Policy.
6. Alcohol beverage service in the restaurant shall be ancillary and subordinate to the
primary purpose of serving food.
7. 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:
8. The City Council adopted the 'Downtown Alcohol Beverage Policy', as an
implementation tool 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.
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PLN2013-244 - 379 E. Campbell Ave -Use Permit -Late Hours & General On-Sale Alcohol
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9. 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.
10. Restrictions to the hours of operation, amount of bar area seating, and alcohol
beverage service, are necessary to protect the public health, safety and welfare.
11. 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.
12. The over-concentration of late night alcohol serving establishments within a compact
downtown district can create a cumulative impact that overwhelms the area creating
an undesirable result such as drunk in public, vandalism, and disorderly conduct.
13. 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.
14. Alcohol beverage service in the restaurant shall be ancillary and subordinate to the
primary purpose of serving food.
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 with all other applicable provisions of this Zoning Code
and the Campbell Municipal Code;
2. The proposed use is consistent with the General Plan;
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, 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
Planning Commission Resolution No. 4115
PLN2013-244 - 379 E. Campbell Ave -Use Permit -Late Hours & General On-Sale Alcohol
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use, or be detrimental or injurious to property and improvements in the neighborhood
or to the general welfare of the city.
7. The establishment will not result in an over-concentration of these uses in the
surrounding area;
8. The establishment will not create a nuisance due to litter, noise, traffic, vandalism, or
other factors;
9. The establishment will not significantly disturb the peace and enjoyment of the nearby
residential neighborhood;
10. 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.
12. The 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 a Conditional
Use Permit (PLN2013-244) to allow late night operational hours and general on-sale
alcohol sales in conjunction with an existing restaurant on property located at 379 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
1. Approved Project: Approval is granted for a Conditional Use Permit (PLN2013-244) to
allow late night operational hours and general alcohol sales in conjunction with an
existing restaurant. The project shall substantially conform to the revised project plans
and project description stamped as received by the Planning Division on September 4,
2013 and August 27, 2013, respectively, except as may be modified by the conditions
of approval contained herein.
2. Approval Expiration: The approval shall be valid for one year from the date of final
approval. Within this one-year period, a Type 47 Alcoholic Beverage Control (ABC)
license must be secured or the Conditional Use Permit shall be rendered void. Once
Planning Commission Resolution No. 4115
PLN2013-244 - 379 E. Campbell Ave -Use Permit -Late Hours & General On-Sale Alcohol
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established, approval for the general alcohol sales shall be valid in perpetuity on the
property in association with a restaurant use subject to 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 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. The approved
use is a full service restaurant that includes a 38 seat dining area and an ancillary four
seat bar area.
a. Restaurant Seating/Patron Occupancy: Total indoor patron occupancy shall
be limited to 42 persons, consistent with the 38 dining area seats and four bar
area seats, 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 42 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. Maximum
Occupancy signs shall be posted conspicuously within the premises.
b. 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 (42 seats).
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.
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 - 12:00 AM, Sunday -Saturday
• Operational Hours 7:00 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, outdoor seating, and bar areas (i.e., the kitchen
shall nat 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 a
Planning Commission Resolution No. 4115
PLN2013-244 - 379 E. Campbell Ave -Use Permit -Late Hours & General On-Sale Alcohol
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Modification 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 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. Alcohol Sales: The monthly gross sales of alcoholic beverages shall not
exceed the gross sales of food during the same period, consistent with ABC
licensing regulations. The business owner shall provide sales records on
demand to the City to verify compliance with this standard.
Bar Area Meal Service: Meal service shall be available in the bar area at all
times.
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 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. 'T'otal patron occupancy in the outdoor seating area shall be limited to
eight 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. 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.
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
Planning Commission Resolution No. 4115
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modify the business hours/hours of operation, subject to the project being
brought back to the Planning Commission for review.
m. Smoking: "No Smoking" signs shall be posted on the premises in compliance
with CMC 6.11.060.
n. Trash & Clean Up: All trash, normal clean up, carpet cleaning, etc. shall occur
during the approved `Operational Hours'.
o. Liquor 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 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.
p. 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.
q. Designated Driver Program: If deemed necessary by the Community
Development Director, the establishment shall maintain and actively promote a
designated driver program (e.g., complimentary non-alcoholic beverages for
designated drivers).
Taxicab Service: The establishment shall post in a conspicuous place the
telephone numbers of local taxicab services.
s. Outdoor Activity: Other than outdoor seating, no outdoor activity (e.g., cooking)
is permitted in association with the establishment.
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
Planning Commission Resolution No. 4115
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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.
PASSED AND ADOPTED this24t" day of September, 2013, by the following roll call vote:
AYES: Commissioners: Dodd, Finch, Kendall, Resnikoff, Rich and Roseberry
NOES: Commissioners: Reynolds
ABSENT: Commissioners None
ABSTAIN: Commissioners: None
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APPROVED:
i
Philip Reynolds, Jr., r
ATTEST: ----
P K rmoyan, Secretary