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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 The previous Conditional Use Permit for the project site (UP 82-01) for beer and wine service will be superseded by the requested Conditional Use Permit. 5.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 Paae 4 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