PC Res 4125RESOLUTION NO. 4125
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE
PERMIT (PLN2013-296) TO ESTABLISH A NEW WINE BAR
WITH LATE NIGHT OPERATIONAL HOURS AND LIVE
ENTERTAINMENT ON PROPERTY LOCATED AT 1875 S.
BASCOM AVENUE, STE. 560.
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
The Planning Commission finds as follows with regard to file numbers PLN2013-296:
1. The project site is zoned C-2 (General Commercial) and designated General
Commercial by the General Plan.
2. The project site is located within a 342,000 square-foot shopping center, on a 27 acre
property, at the northwest corner of Bascom and Campbell Avenues.
3. The previous Conditional Use Permit for the subject tenant space (PLN2008-297) for
the retail sale of alcohol wilt be superseded by the requested Conditional Use Permit.
4. Sale of alcohol within a restaurant is considered a "liquor establishment", subject to
approval of a Conditional Use Permit, consistent with CMC 21.46.070.
5. The proposed project is an application for a Conditional Use Permit to allow
establishment of a new wine bar, including the sale of wine and beer products, late
night operational hours and live entertainment.
6. The Police Department has reviewed the project and is supportive of the project as
conditioned.
7. The proposal is consistent with the "Master" Conditional Use Permit (UP94-14) for the
Pruneyard Shopping Center.
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;
Planning Commission Resolution No. 4125
PLN2013-296 - 1875 S. Bascom Ave, Ste. 560 -Use Permit -Little Wine Counter
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1. 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.
2. 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.
3. The establishment will not result in an over-concentration of these uses in the
surrounding area;
4. The establishment will not create a nuisance due to litter, noise, traffic, vandalism, or
other factors;
5. The establishment will not significantly disturb the peace and enjoyment of the nearby
residential neighborhood;
6. The establishment will not significantly increase the demand on city services;
7. 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 (PLN2013-296) to establish a new wine bar with late night operational hours
and live entertainment on property located at 1875 S. Bascom Avenue, Ste. 560.
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 (PLN2013-296) to
allow late night operational hours, live entertainment, and beer and wine sales in
association with a wine bar located at 1875 S. Bascom Ave., Ste. 560. The project
shall substantially conform to the Revised Project Plans and Revised Project
Description, stamped as received by the Planning Division on November 13, 2013,
except as may be modified by the conditions of approval contained herein.
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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 December 13,
2014). Within this one-year period, the new wine bar 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. Previous Conditional Use Permit: Upon the effective date of the Resolution approving
this Conditional Use Permit (PLN2013-296), the previously approved Conditional Use
Permit for a retail wine store (PLN2008-97) shall be void and shall permanently be
superseded by the Conditional Use Permit approved herein.
4. Si na e: No signage has been approved as part of this development application. New
signage shall not be installed prior to approval of a sign permit in compliance with the
Pruneyard Master Sign Plan.
5. Revision to Plans: The building permit construction plans for the wine bar 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.
6. Operational Standards: Consistent with applicable City standards, any wine bar
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.
b. Wine Bar Seating/Patron Occupancy: Total indoor occupancy shall be limited to
48 seated patrons and associated employees of the business with no patrons
allowed to be served while standing. At no time shall there be more than 48 patrons
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 area 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.
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• Business Hours: 7:00 AM - 9:00 PM, Sunday
7:00 AM - 11:00 PM, Monday -Thursday
7:00 AM - 12:00 AM, Friday -Saturday
• Operational Hours: 6:00 AM - 1:00 AM, daily
e. Live Entertainment: Live entertainment, limited to non-amplified performances,
shall be permitted Friday, Saturday, and Sunday during the approved Business
Hours, 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.
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 shall be considered part of the overall seating
area subject to all restrictions herein. In addition, the following requirements apply:
i. All tables, chairs, umbrellas, heaters, and other furniture associated with the
outdoor seating shall be attractive and made of durable materials. The design
and make of all furniture, including barrier elements, 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 12
seated patrons.
iii. Use of the outdoor seating area shall cease by the end of the approved
business hours, daily. At such time, all chairs shall be stacked, stored, or
otherwise secured out of public view 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.
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.
j. 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.
k. Trash ~ Clean Up: All trash, normal clean up, carpet cleaning, etc. shall occur
during the approved `Operational Hours'.
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I. Liquor License: The applicant shall obtain and maintain in good standing a Type
42 license from the State Department of Alcoholic Beverage Control for the sale of
alcoholic beverages in conjunction with a wine bar. 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.
m. 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.
n. Designated Driver Program: The establishment shall maintain and actively
promote a designated driver program (e.g., complimentary non-alcoholic beverages
for designated drivers), including posting in a conspicuous place contact information
for local designated driver services.
o. Taxicab Service: The establishment shall post in a conspicuous place the
telephone numbers of local taxicab services.
p. Outdoor Activity: Other than outdoor seating, no outdoor activity (e.g., cooking) is
permitted in association with the establishment.
q. 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.
7. Revocation of Permit: Operation of the wine 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. 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,
Planning Commission Resolution No. 4125
PLN2013-296 - 1875 S. Bascom Ave, Ste. 560 -Use Permit -Little Wine Counter
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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 this 26t" day of November, 2013, by the following roll call vote:
AYES: Commissioners: Finch, Kendall, Resnikoff, Reynolds, and Rich
NOES: Commissioners: None
ABSENT: Commissioners Dodd and Roseberry
ABSTAIN: Commissioners: None
APPROVED: "'
j Philip C. ynolds, Jr., air
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ATTEST: ~,~%
Paul Kermoyan, Secretary