PC Res 4131RESOLUTION NO. 4131
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE
PERMIT (PLN2013-249) WITH PARKING MODIFICATION PERMIT
(PLN2013-279) TO ALLOW A LIQUOR ESTABLISHMENT
(BOSWELL'S) WITH DANCING AND LIVE ENTERTAINMENT AND
LATE NIGHT OPERATIONAL HOURS (2 A.M. CLOSING) ON
PROPERTY LOCATED AT 2089 S. BASCOM 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-
249/PLN2013-279:
1. The project site is zoned C-2 (General Commercial) and designated General
Commercial by the General Plan Land Use Element.
2. The C-2 Zoning District is intended to provide a wide range of retail sales and
business and personal services primarily oriented to the automobile customer and
accessible to transit corridors, to provide for general commercial needs of the city,
and to promote a stable and attractive commercial development which will afford a
pleasant shopping environment.
3. The project site consists of a 32,000 square-foot parcel, improved with a 10,500
square-foot multi-tenant retail building with underground parking.
4. The project site is located along South Bascom Avenue, approximately 400 feet south
of East Campbell Avenue.
5. The project site will be configured to have 47 vehicular parking stalls and 20
motorcycle parking stalls.
6. The proposed project is an application for a Conditional Use Permit with a Parking
Modification Permit that would allow a liquor establishment with dancing and live
entertainment and late night operational hours. Only minor modifications are
proposed to the exterior of the structure.
7. The proposed liquor establishment would be open to the public 12 PM to 2 AM daily,
with live entertainment provided 9:30 PM to 1:00 daily and Sunday 12 PM to 3 PM.
8. An acoustic analysis was prepared for the proposed project. It identified potential
short-term noise impacts, including vehicular noise, live entertainment, and outdoor
patron noise as potential sources of noise disturbance. Recommended and additional
mitigation measures, have been included to minimize noise disruption to adjacent
residences. However, should the City receive repeated and verifiable complaints of
noise that obstructs the free use of neighboring properties so as to unreasonably
interfere with the comfortable enjoyment of the neighboring residents, the Planning
Commission may review the application further.
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9. As proposed and conditioned, the project will include complimentary valet parking
service for patrons. Valeted vehicles will be parked either on site in the underground
parking garage or off-site within parking lots under contract with the parking service.
Valeted vehicles will not be parked on a public street.
10. The Planning Commissions' review of the proposed project encompassed zoning and
General Plan land use conformance, noise impacts, parking, lighting, and security
and queuing.
11. The Police Department is supportive of the application as conditioned.
12. Applicable General Plan Land Use Policies and Strategies considered by the
Planning Commission include:
Policy LUT-5.3: Variety of Commercial and Office Uses: Maintain a variety of
attractive and convenient commercial and office uses that
provide needed goods, services and entertainment.
Strategy LUT-5.3c: Revitalization of Commercial Center: Encourage the
maintenance and revitalization of commercial shopping centers.
Policy LUT-13.1: Variety of Uses: Attract and maintain a variety of uses that create
an economic balance within the City while maintaining a balance
with other community land use needs, such as housing and open
space, and while providing high quality services to the
community.
Policy LUT-11.2: Services Within Walking Distance: Encourage neighborhood
services within walking distance of residential uses.
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;
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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. Due to the unique nature and circumstances of the project, or special development
features, the anticipated number of parking spaces necessary to serve the use or
structure is less than that required by the applicable off-street parking standard, and
would be satisfied by the existing or proposed number of parking spaces, as
supported ray review of the applicant's documentation accepted by the decision-
making body.
12. Conditions of approval have been incorporated into the project to ensure the long-
term adequacy of the provided off-street parking.
13. Approval of the parking modification permit will further the purpose of the Zoning
Code.
14. The project is Categorically Exempt per 15303, Class 3, of the California Environment
Quality Act (CEQA), pertaining to conversion of building area of less than 10,000
square-feet from one use to another where only minor modifications are made in the
exterior of the structure.
THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional
Use. Permit (PLN2013-249) with Parking Modification Permit (PLN2013-279) to allow a
liquor establishment and late night operational hours (2 a.m. closing) on property located
at 2089 S. Bascom 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,
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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
Approved Project: Approval is granted for a Conditional Use Permit (PLN2013-249)
with a Parking Modification Permit (PLN2013-279) to allow a liquor establishment with
dancing and live entertainment and late night operational hours on property located at
2089 S. Bascom Avenue. The project shall substantially conform to the revised
project plans and project description stamped as received by the Planning Division on
November 21, 2013 and August 28, 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 (expiring February 9, 2015). Within this one-year period, the liquor
establishment shall be established. Once established, approval for the liquor
establishment shall be valid in perpetuity on the property site 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 render the Conditional Use Permit void.
Construction Drawings Requirements: The construction drawings submitted for a
building permit shall include the following:
a. Installation of new windows and doors in compliance with the recommendations
provided for in the submitted acoustic analysis prepared by Edward Pack and
Associates, dated November 19, 2013. The sufficiency of the STC rating of new
windows and doors shall be verified by the Community Development Director.
b. Construction of an eight foot tall CMU wall along the westerly property line and
along the northerly property line, adjoining the duplex properties. If the grade
differential between the project site and the adjacent duplex properties is more
than two feet, the height of the wall shall be modified accordingly so that the wall
is not greater than ten feet high as measured from the duplex properties.
The location of the wall shall be shown on the site plan and an elevation detail,
prepared to the satisfaction of the Community Development Director, shall also
be provided.
c. Installation of new landscaping along the northerly and westerly property lines.
The landscaping shall include climbing vegetation which shall adhere to the new
CMU wall.
d. Red-curb painting and "no parking -fire lane" markings along the driveway.
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e. Lighting detail specifications ("cut-sheets") in compliance with the provided
photometric plan.
f. A designated parking space for loading and unloading of band equipment, near
the main entrance of the business nearest to Bascom Avenue. The space shall
be marked on the ground and with a posted sign designated for this purpose.
g. Construction of two replacement refuse and recycling enclosures in compliance
with CMC Sec. 21.18.110, which shall also include a roof covering and sanitary
drain connection.
h. All windows fronting Bascom Avenue shall be transparent glazing and shall not
be obscured through signage or "black-out" tinting.
i. Removal of motorcycle parking spaces within the underground garage.
4. Operational Standards: Any liquor establishment 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
the establishment unless allowed as part of the live entertainment (musician),
pursuant to Government Code Section 25663.5.
b. Patron Occupancy: Total indoor patron occupancy shall be limited to one
hundred and ten (110) persons. At no time shall there be more than 110 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. Hours of Operation: Hours of operation shall be as follows. By the end of
'Business Hours' all patrons shall have exited the premises. By the end of the
'Operational Hours' all employees shall be off the premises.
Business Hours 12:00 PM - 2:00 AM, Sunday -Saturday
Operational Hours 10:00 AM - 3:00 AM, Sunday -Saturday
d. Valet Parking Service: The establishment shall enter into contract with a
professional parking service to provide complimentary (including free of gratuity)
valet parking to patrons. The valet service shall be provided daily after 8:00 PM
until alq patrons have vacated the property. Valeted vehicles shall be parked in
the underground garage or at an off-site parking lot under contract with the
parking service. The location of off-site parking lots, specified within the contract,
shall be located with reasonable distance of the project site. A plan shall be
provided that indicates the location of the valet parking locations which shall be
reviewed and approved by the Director of Community Development. At no time
shall valeted vehicles be parked on a public street or on private property not
under contract with the parking service. Prior to issuance business license, the
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applicant shall furnish to the Community Development Director an executed
copy of the valet service contract and valet service plan in compliance with this
condition. The location of the valet both shall be determined to the satisfaction of
the Community Development Director.
e. Alcohol Sales for Off-Site Consumption: The sale of alcohol for off-site
consumption is prohibited.
f. Live Entertainment and Dancing: Live entertainment and dancing is permitted
Monday through Saturday from 9:30 PM to 1:00 AM, and additionally on Sunday
from 5~ PM to 12 AM, subject to approval of a Live Entertainment Permit in
compliance with CMC 5.24. On-site security shall be provided as required by the
Police Department. Band vehicles shall park, and equipment shall be loaded
and unloaded, within the designated band loading space. Band vehicles that
cannot safely park in a standard parking space are prohibited.
g. Garage Access: Public access to the underground garage is prohibited after
8:00 PM, daily. After such time, the garage shall be used for the sole purpose of
parking valeted vehicles.
h. Security Plan: Operation of the liquor establishment shall be subject to the
operational and physical measures provided for in the submitted "Security and
Queuing Management Plan", including provision of dedicated entrance control
staff ("doormen") and security officer, and installation of a security camera
system, as well as the following additional requirements:
i. The security camera system shall be made remotely viewable in real-time to
the Campbell Police Department. Archived video shall be preserved for a
duration as required by the Police Chief.
ii. The exact location, quantity and operation of security cameras for monitoring
of the site shall be to the satisfaction of the Police Chief.
iii. Security personnel shall ensure that patrons do not congregate or loiter
within the parking lot. Additionally, patrons shall be instructed not to shout,
yell, or engage in otherwise loud or boisterous behavior.
All subsequent revisions to the security plan shall be subject to review and
approval by the Community Development Director and Police Chief.
Noise: Regardless of decibel level, and taking into consideration the noise
levels generated by a bar with nightly live entertainment, no noise generated
from the liquor establishment (including from the parking lot) shall obstruct the
free use of neighboring properties so as to unreasonably interfere with the
comfortable enjoyment of the neighboring residents. In the event the city
receives verifiable and repeated number of complaints pertaining to noise, the
Planning Commission may review the Conditional Use Permit. Upon review, if
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the Planning Commission finds that there is substantial evidence that the use is
creating unreasonable disturbance to the adjacent residents, the Planning
Commission may take reasonable measures to mitigate such noise.
Smoking: Smoking shall be prohibited on the property, including within parked
vehicles, as well as on the public sidewalk within twenty feet of the building, in
compliance with CMC 6.11.060. Prominent "No Smoking" signs shall be posted
on the building and property line walls adjacent to the parking lot to the
satisfaction of the Community Development Director. It is the responsibility of
the business owner to ensure patron compliance with this restriction.
k. Outdoor Activity: Outdoor activity, including any form of outdoor seating or
congregating area, is prohibited.
Liquor License: The operator shall obtain and maintain in good standing a
Type 48 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.
m. 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.
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. Property Maintenance: The operator shall maintain all exterior areas of the
business free from graffiti, trash, rubbish, posters and stickers placed on the
property. Exterior areas of the business shall include not only the parking lot and
private landscape areas, but also includes the sidewalk adjacent to the
business.
q. Trash and Clean Up: All trash, normal clean up, carpet cleaning, etc. shall occur
during the approved `Operational Hours', except that any refuse, including
recyclable materials, shall not be disposed of outdoors after 10:00 PM or before
8:00 AM.
5. Revocation of Permit: Operation of the liquor establishment pursuant to the
Conditional Use Permit approved herein is subject to Sections 21.68.020, 21.68.030
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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 violations 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,
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.
Building Division:
6. Permits Required: A building permit application shall be required for the proposed
tenant improvement to the existing building to create an A-2 Occupancy. The
building permit shall include Electrical/Plumbing/Mechanical fees when such work is
part of the permit. The building shall be made to comply with all the requirements
necessary to A-2 Occupancy.
7. Construction Plans: The Conditions of Approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
8. Size of Plans: The minimum size of construction plans submitted for building permits
shall be 24 in. X 36 in.
9. Plan Preparation: This project requires plans prepared under the direction and
oversight of a California licensed Engineer or Architect. Plans submitted for building
permits shall be "wet stamped" and signed by the qualifying professional person.
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10. Site Plan: Application for building permit shall include a competent site plan that
identifies property and proposed structures with dimensions and elevations as
appropriate. Site plan shall also include site drainage details. Site address and
parcel numbers shall also be clearly called out. Site parking and path of travel to
public sidewalks shall be detailed. Applicant must show how wheelchair access from
public sidewalk to entry of space is provided. (Use of driveway for this access is not
allowed)
11. Title 24 Energy Compliance: California Title 24 Energy Compliance forms shall be
blue-lined on the construction plans. Compliance with the Standards shall be
demonstrated for conditioning of the building envelope and lighting of the building.
12. Special Inspections: When a special inspection is required by C.B.C. Chapter 17, the
architect or engineer of record shall prepare an inspection program that shall be
submitted to the Building Official for approval prior to issuance of the building permits,
in accordance with C.B.C Appendix Chapter 1, Section 106. Please obtain City of
Campbell, Special Inspection forms from the Building Inspection Division Counter.
13. Non-point Pollution Control Program: The City of Campbell, standard Santa Clara
Valley Non-point Source Pollution Control Program specification sheet shall be part of
plan submittal. The specification sheet (size 24" X 36") is available at the Building
Division service counter.
14. Title 24 Accessibility -Commercial: On site general path of travel shall comply with
the latest California Title 24 Accessibility Standards. Work shall include but not be
limited to accessibility to building entrances from parking facilities and sidewalks.
15. Title 24 Accessibility -Commercial: Projects seeking to use the Title 24 Hardship
exemption clause shall blue-line completed, City of Campbell "20%" exemption form
on submitted construction plans. Form is available at Building Division service
counter.
16. Approvals Required: The project requires the following agency approval prior to
issuance of the building permit:
West Valley Sanitation District (378-2407)
Santa Clara County Fire Department (378-4010)
Santa Clara County Dept. of Environmental Health (918-3400)
17. P.G. &E: Applicant is advised to contact Pacific Gas and Electric Company as early
as possible in the approval process. Service installations, changes and/or relocations
may require substantial scheduling time and can cause significant delays in the
approval pracess. Applicant should also consult with P.G. and E. concerning utility
easements, distribution pole locations and required conductor clearances.
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18. Stormwater Requirements: Storm water run-off from impervious surface created by
this permitted project shall be directed to vegetated areas on the project parcel.
Storm water shall not drain onto neighboring parcels.
PUBLIC WORKS DEPARTMENT
19. Preliminary Title Report: Prior to issuance of any building permits for the site the
applicant shall provide a current (within the past 6 months) Preliminary Title Report.
20. Storm Drain Area Fee: Prior to issuance of any grading or building permits for the
site, the applicant shall be the required Storm Drain Area fee, currently set at $2,650
per net acre, which is $2,050 (set for commercial land use).
21. Utility Coordination Plan: Prior to issuance of building permits for the site, the
applicant shall submit a utility coordination plan and schedule for approval by the City
Engineer for installation and/or abandonment of all utilities. The plan shall clearly
show the location and size of all existing utilities and the associated main lines;
indicate which utilities and services are to remain; which utilities and services are to
be abandoned, and where new utilities and services will be installed. Joint trenches
for new utilities shall be used whenever possible.
22. Pavement Restoration: Based on the utility coordination plan, the applicant shall
prepare a pavement restoration plan for approval by the City Engineer prior to any
utility installation or abandonment. Streets that have been reconstructed or overlaid
within the previous five years will require boring and jacking for all new utility
installations. Bascom Avenue was overlaid in 2013. The pavement restoration plan
shall indicate how the street pavement shall be restored following the installation or
abandonment of all utilities necessary for the project.
23. Street Improvements: Prior to issuance of any building permits for the site, the
applicant shall execute a street improvement agreement, cause plans for public street
improvements to be prepared by a registered civil engineer, pay various fees and
deposits, post security and provide insurance necessary to obtain an encroachment
permit for construction of the standard public street improvements, as required by the
City Engineer. The plans shall include the following, unless otherwise approved by
the City Engineer:
a. Show location of all existing utilities within the new and existing public right of
way.
b. Relocation of all existing utilities including utility boxes, covers, poles, etc.
outside of sidewalk area (if applicable). No utility boxes, covers, etc. will be
allowed in the sidewalk area.
c. Removal of existing driveway approach and necessary sidewalk, curb and
gutter.
d. Installation of City approved street trees, tree wells and irrigation at 30 feet on
center
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e. Installation of City standard ADA compliant driveway approach and associated
curb, gutter and sidewalk.
f. Installation of asphalt concrete overlay per street pavement restoration plan for
utility installation and/or abandonment, as required by the City Engineer.
g. Construction of conforms to existing public and private improvements, as
necessary.
h. Submit final plans in a digital format acceptable to the City.
24. Utility Encroachment Permit: Separate permits for the installation of utilities to serve
the development will be required (including water, sewer, gas, electric, etc.).
Applicant shall apply for and pay all necessary fees for utility permits for sanitary
sewer, gas, water, electric and all other utility work.
25. Additional Street Improvements: Should it be discovered after the approval process
that new utility main lines, extra utility work or other work is required to service the
development, and should those facilities or other work affect any public
improvements, the City may add conditions to the development/project/permit, at the
discretion of the City Engineer, to restore pavement or other public improvements to
the satisfaction of the City.
26. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or
building permits, the applicant shall comply with the National Pollution Discharge ,
Elimination System (NPDES) permit requirements, Santa Clara Valley Water District
requirements, and the Campbell Municipal Code regarding stormwater pollution
prevention. The primary objectives are to improve the quality and reduce the quantity
of stormwater runoff to the bay.
Resources to achieve these objectives include Stormwater Best Management
Practices Handbook for New Development and Redevelopment ("CA BMP
Handbook") by the California Stormwater Quality Association (CASQA), 2003; Start
at the Source: A Design Guidance Manual for Stormwater Quality Protection ("Start
at the Source") by the Bay Area Stormwater Management Agencies Association
(BASMAA), 1999; and Using Site Design Techniques to Meet Development
Standards for Stormwater Quality: A Companion Document to Start at the Source
("Using Site Design Techniques") by BASMAA, 2003.
27. Occupancy and Building Permit Final: Prior to allowing occupancy and/or final
building permit signoff for any and/or all buildings, the applicant shall have the
required street improvements installed and accepted by the City, and the design
engineer shall submit as-built drawings to the City.
28. Plan Lines: Prior to issuance of any grading or building permits for the site, the
applicant shall provide a plan layout showing the correct distance from the street
centerline to the property line, dimensions of sidewalk and other relevant information
in the public right of way.
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PASSED AND ADOPTED this 28th day of January, 2014, by the following roll call vote:
AYES: Commissioners: Finch, Kendall, Resnikoff, Reynolds, and Roseberry
NOES: Commissioners: Dodd and Rich
ABSENT: Commissioners None
ABSTAIN: Commissioners: None
APPROVED
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ATTEST: `
Paul Kerm yan, Secretary
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Paul Resnikoff, Chair