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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. Planning Commission Resolution No. 4115 PLN2013-244 - 379 E. Campbell Ave -Use Permit -Late Hours & General On-Sale Alcohol Page 2 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 Page 3 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 Page 4 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 Page 5 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 PLN2013-244 - 379 E. Campbell Ave -Use Permit -Late Hours & General On-Sale Alcohol Page 6 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 PLN2013-244 - 379 E. Campbell Ave -Use Permit -Late Hours & General On-Sale Alcohol Page 7 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 /~ /~ r ~ APPROVED: i Philip Reynolds, Jr., r ATTEST: ---- P K rmoyan, Secretary