PC Res 4129RESOLUTION NO. 4129
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE
PERMIT (PLN2013-315) TO ALLOW GENERAL ALCOHOL
SALES IN CONJUNCTION WITH AN EXISTING RESTAURANT
ON PROPERTY LOCATED AT 851 W. HAMILTON 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.
The Planning Commission finds as follows with regard to file number PLN2013-315:
1. The project: site is zoned P-D (Planned Development) and designated General
Commercial by the General Plan.
2. The project site is 24,900 square feet and is located on W. Hamilton Ave., east of the
intersection of Hamilton Avenue and Marathon Way.
3. The proposed project is an application for a Conditional Use Permit to allow general
alcohol sales in conjunction with a newly established restaurant in an existing
restaurant space.
4. The previous Conditional Use Permit for the project site (UP 82-01) for beer and wine
service will be superseded by the requested Conditional Use Permit.
5. 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.
6. Hours of operation would be limited to 6 AM to 10 PM. The application would
therefore not constitute alate-night activity.
7. 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 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. 4129
PLN2013-315 - 851 W. Hamilton Avenue
Conditional Use (Permit -General Alcohol Sales within Existing Restaurant
Page 2
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
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. The project is Categorically Exempt under Section 15301 Class 1 of the California
Environmental 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.
THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional
Use Permit (PLN2013-315) to allow general alcohol sales in conjunction with an existing
restaurant on property located at 851 W. Hamilton 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 (PLN2013-315) to
allow general alcohol sales in conjunction with a newly established restaurant. The
project shall substantially conform to the Revised Project Plans and Project
Description, stamped as received by the Planning Division on December 10, 2013 and
Planning Commission Resolution No. 4129
PLN2013-315 - 851 W. Hamilton Avenue
Conditional Use Permit -General Alcohol Sales within Existing Restaurant
Page 3
November 7, 2013, respectively, except as may be modified by the conditions of
approval contained herein.
2. Conditional Use Permit Approval Expiration: Approval of this Conditional Use Permit
shall be valid for one year from the date of final approval (expiring January 24, 2015).
Within this orie-year period, a Type 47 Alcoholic Beverage Control (ABC) license must
be secured for the restaurant or the Conditional Use Permit shall be rendered void.
Once 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 in accordance with the conditions of approval contained herein. Abandonment,
discontinuation, or ceasing of operations for a continuous period of twelve months shall
void the Conditional Use Permit approved herein.
3. Previous Permits: Upon the effective date of the Resolution approving this Conditional
Use Permit (PLN2013-315), the previously approved Conditional Use Permit (UP 82-
01) and Administrative Planned Development Permits (PLN2008-163 and PLN2012-
136), shall be void and shall be permanently superseded by the Conditional Use Permit
approved herein.
4. Operational Standards: Consistent with City standards, any restaurant operating
pursuant to the Conditional Use Permit approved herein shall conform to the following
operational standards:
a. Restaurant Seating: Total indoor and outdoor seating shall be limited 102
seats, subject to the maximum occupancy capacities of certain rooms as
determined by the California Building Code (CBC). 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 separate bar area, as defined by the Campbell Municipal
Code, is permitted within the restaurant.
c. Floor Plan: At no time shall the seating be reconfigured to create 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. Food Service: Full menu food service shall be provided at all time (i.e., the
kitchen shall not be closed during the Business Hours).
e. Live Entertainment: No live entertainment is permitted as part of the
Conditional Use Permit, including live music, disc jockey, karaoke, and
dancing. Future requests for live entertainment shall be permitted through
approval of an Administrative Planned Development Permit and shall be
limited to live musicians complimentary to the primary purpose of proving
meal service.
Planning Commission Resolution No. 4129
PLN2013-315 - £i51 W. Hamilton Avenue
Conditional Use Permit -General Alcohol Sales within Existing Restaurant
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f. Alcohol Beverage Service: Alcohol beverage service shall only be allowed
in conjunction with food service. The dining room area shall not be converted
to a bar or dance area.
g. 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 7:00 AM - 9:00 PM, Sunday -Saturday
• Operational Hours 6:00 AM - 10:00 PM, Sunday -Saturday
h. 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 ac6holic 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.
i. 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. 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.
iii. All outdoor furniture shall be kept clean and in good repair and
replaced and/or fixed as necessary.
j. Loitering: There shall be no loitering allowed outside the business. The
business owner is responsible for monitoring the premises to prevent
loitering.
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
Planning Commission Resolution No. 4129
PLN2013-315 - 851 W. Hamilton Avenue
Conditional Use (Permit -General Alcohol Sales within Existing Restaurant
Paae 5
Director may immediately modify the business hours/hours of operation,
subject to the project being brought back to the Planning Commission for
review.
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), including posting in a conspicuous pace contact
information for local designated driver services.
m. Taxicab Service: The establishment shall post in a conspicuous place the
telephone numbers of local taxicab services.
n. Smoking: "No Smoking" signs shall be posted on the premises in
compliance with CMC 6.11.060.
o. Trash 8~ Clean Up: All trash, normal clean up, carpet cleaning, etc. shall
occur during the approved `Operational Hours'.
p. Outdoor Cooking: No outdoor cooking (i.e., grilling, smoking, etc.) is
permitted in association with the establishment.
PASSED AND ADOPTED tf'
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners
ABSTAIN: Commissioners:
its 14t" day of January, 2014, by the following roll call vote:
Dodd, Finch, Kendall, Resnikoff, Reynolds, Rich, and
Roseberry.
None
None
None
APPROVED: ~`~~
Paul Resnikoff, Cha r
ATTEST:
Paul Kerr~oyan, Secretary