PC Res 4146RESOLUTION NO. 4146
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE
PERMIT (PLN2014-35) TO ALLOW A NEW WINE
BAR/RESTAURANT WITH A BEER AND WINE LICENSE, LATE
NIGHT OPERATION (11 P.M. PUBLIC CLOSING TIME) AND LIVE
ENTE=RTAINMENT ON PROPERTY LOCATED AT 394 E.
CAMIPBELL AVENUE.
After notificatioin 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 numbers PLN2014-35:
1. The project site is zoned C-3 (Central Business District) and is designated with a
Central Commercial land use designation by the General Ptan.
2. Sale of alcohol within a wine bar and restaurant is considered a "liquor
establishment", subject to approval of a Conditional Use Permit, consistent with
CMC 21.4Ei.070.
3. The proposed wine bar and restaurant would occupy a 2,911 square-foot existing
tenant space previous occupied by an art gallery.
4. The project site is located on the south side of East Campbell Avenue, between
Central Avenue and the railroad tracks.
5. The requested Conditional Use Permit would allow a new wine bar/restaurant with a
beer and wine license, late night operation (11 p.m. public closing time), and live
entertainment.
6. Policies found within the Campbell General Plan and Downtown Campbell
Development Plan articulate a desire to promote and enhance a downtown
environmeint 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
surroundirng residential neighborhoods:
7. The City Council adopted the 'Downtown Alcohol Beverage Policy', consistent with
the goals and strategies 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 wine bars and/or
wine tasting establishments have a role.
Planning Commission Resolution No. 4146
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8. 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.
Limitations to the hours of operation, number of seats, maximum occupancy, and
alcohol beverage service are necessary to protect the public health, safety and
welfare.
9. The Downtown Alcohol Beverage Policy strongly recommends that Conditional Use
Permits for establishments of a wine bar be limited to a closing time of no later than
11:00 PM.
10. The approval of a Conditional Use Permit incorporates applicable operational
standards of the Downtown Alcohol Beverage Policy, including an 11:00 PM public
closing time and live entertainment ending at 10:00 PM.
11. The Police Department is supportive of the application 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, as conditioned, with all other applicable provisions of
this Zoning Code and the Campbell Municipal Code.
2. The proposed use, as conditioned, is consistent with the General Plan.
3. As conditioned, 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. As conditioned, 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, as
conditioned, 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, as conditioned, 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. As conditioned, the establishment will not result in an over-concentration of these
uses in the surrounding area.
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8. As conditioned, the establishment will not create a nuisance due to litter, noise, traffic,
vandalism, or other factors.
9. As conditioned, the establishment will not significantly disturb the peace and
enjoyment of the nearby residential neighborhood.
10. As conditioned, 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 15301 Class 1 of the California
Environment 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 (PLN2014-35) to allow a new wine bar/restaurant with a beer and wine license,
late night operation (11 p.m. public closing time) and live entertainment on property
located at 394 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
Planning Divisian
1. Approved Project: Approval is granted for a Conditional Use Permit (PLN2014-35) to
allow a new wine bar/restaurant with a beer and wine license, late night operation (11
p.m. public closing time), and live entertainment located at 394 E. Campbell Avenue.
The project shall substantially conform to the Revised Project Plans and Project
Description, stamped as received by the Planning Division on February 24, 2014 and
February 3, 2014, respectively, except as may be modified by the conditions of
approval contained herein.
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 April 11,
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2014). Within this one-year period, the new wine bar/restaurant shall be established
on site. The entitlement approval 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. Signac~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 as required by
CMC 21.10.060.x. The allowable sign materials for the project site shall include
enameled nnetal, painted wood, cast metal, painted fabric (awning signage), and
similar materials. Plastic signage of any type, whether individual letters or as part of a
box (or cabinet), shall not be approved.
4. Operational Standards: Consistent with the Downtown Alcohol Beverage Policy and
other City standards, any wine bar/restaurant operating pursuant to the Conditional
Use Permit approved herein shall conform to the following operational standards.
a. Seating/Patron Occupancy: Total indoor patron occupancy shall be limited to
101 seated persons, consistent with the approved floor plan, 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 101 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 (25
seats).
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
chairs shall be placed in such a manner to allow sufficient area for seating.
d. Food Service: Full menu food service shall be provided at all times during the
Business Hours (i.e., the kitchen shall not be closed).
e. 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 11:00 AM - 11:00 PM, daily
• Operational Hours 9:00 AM - 12:00 AM, daily
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f. Live Entertainment: Live entertainment, limited to four musicians, for the
purpose of provide ambient music, shall be permitted 11:00 AM to 10:00 PM,
daily, :>ubject 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.
g. Cover Charge: At no time shall a cover charge be required or a donation
necessary in order to patronize the establishment.
h. Smoking: A "No Smoking" sign shall be posted on the premises in compliance
with CMC 6.11.060.
Outdoor Seating: No outdoor seating is permitted by this approval.
Noise: Any noises, 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
verifieal complaints are received by the City regarding such 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.
k. Loitering: There shall be no loitering allowed outside the business and within
the oui:side dining area. The business owner is responsible for monitoring the
premises to prevent loitering.
I. Doors and Windows: Doors and windows shall remain closed after 10:00 PM
and during live entertainment performances.
m. Trash ~& Clean Up: All trash, normal clean up, carpet cleaning, etc. shall not be
done iri the late evening or early morning hours. All trash removal shall be done
between 6:00 AM and 11:00 PM daily. A refuse and recycling enclosure shall
be constructed consistent with the approved Revised Project Plans, in
compliance with CMC Sec. 21.18.110, which shall also include a roof covering
and sanitary drain connection. Refuse and recycling receptacles shall be kept
within the enclosure except during collection in compliance with Chapter 6.04 of
the Campbell Municipal Code.
n. Liquor License: The applicant shall obtain and maintain in good standing an
appropriate license from the State Department of Alcoholic Beverage Control for
the sale of beer and wine alcoholic beverages in conjunction with a wine bar and
restaurant. 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.
o. 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.
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p. 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.
q. Taxicab Service: The establishment shall post in a conspicuous place the
telephone numbers of local taxicab services.
Outdoor Activity: No outdoor activity (e.g., cooking) is permitted in association
with the establishment.
s. 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.
Revocation of Permit: Operation of the wine bar and restaurant 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,
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.
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Building Division:
6. Permits Re ug fired: A building permit application shall be required for the proposed
bar/restaurant use in the existing commercial structure. The building permit shall
include Electrical/Plumbing/Mechanical fees when such work is part of the permit.
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.
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.
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.
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16. Approvals Required: The project requires the following agency approval prior to
issuance of the building permit:
a. West ~/alley Sanitation District (378-2407)
b. Santa Clara County Fire Department (378-4010)
c. Santa Clara County Dept. of Environmental Health (918-3400)
d. City of San Jose Dept. of Environmental Services (535-8550)
17. PG&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 process. Applicant should also consult with PG&E. concerning utility
easements, distribution pole locations and required conductor clearances.
PUBLIC WORKS
18. Storm Drain Area Fee: Prior to issuance of any grading or building permits for the site,
the applicant shall pay the required Storm Drain Area fee, currently set $2,650 per net
acre, which is $397.50 (set for commercial land use).
19. 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 such 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.
20. 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. 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.
21. 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.
22. 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.
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23. 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.
24. 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.
COUNTY FIRE DEPARTMENT
25. Formal Plans Review: Review of this development proposal is limited to accessibility
of site access and water supply as they pertain to fire department operations, and
shall not be construed as a substitute for formal plan review to determine compliance
with adopted model codes. Prior to performing any work the applicant shall make
application to, and receive from, the Building Division all applicable construction
permits.
26. Fire Sprinklers Required: Noted on page A0.0 of the plans 903.2. Where required.
Approved automatic sprinkler systems in new and existing buildings and structures
shall be provided in the locations described in this Section or in Sections 903.2.1
through 903.2.18 whichever is the more restrictive. For the purposes of this section,
firewalls used to separate building areas shall be constructed in accordance with the
California Building Code and shall be without openings or penetrations. An automatic
sprinkler system shall be provided throughout all new buildings and structures.
Exception: Group A, B, E, F, I, L, M, S and U occupancy buildings and structures that
do not exceed 1,000 square feet of building area. An automatic sprinkler system shall
be provided throughout existing buildings and structures when alterations or additions
are made that create conditions described in Sections 903.2.1 through 903.2.18. An
automatic sprinkler system shall be provided throughout existing buildings and
structures, when additions are made that increase the building area to more than
3,600 square feet. Exception: Aone-time addition to an existing building that does not
Planning Commi;>sion Resolution No. 4146
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total more 1:han 1,000 square feet of building area. An automatic sprinkler system
shall be provided throughout all new basements regardless of size and throughout
existing basements that are expanded by more than 50%. NOTE: The owner(s),
occupant(s) and any contractor(s) or subcontractor(s) are responsible for consulting
with the water purveyor of record in order to determine if any modification or upgrade
of the existing water service is required. Section R313.2 as adopted and amended by
CBLMC
27. Water Supply Requirements: Potable water supplies shall be protected from
contamination caused by fire protection water supplies. It is the responsibility of the
applicant and any contractors and subcontractors to contact the water purveyor
supplying the site of such project, and to comply with the requirements of that
purveyor. Such requirements shall be incorporated into the design of any water-based
fire protection systems, and/or fire suppression water supply systems or storage
containers that may be physically connected in any manner to an appliance capable
of causing contamination of the potable water supply of the purveyor of record. Final
approval of the system(s) under consideration will not be granted by this office until
compliance with the requirements of the water purveyor of record are documented by
that purveyor as having been met by the applicant(s). 2010 CFC Sec. 903.3.5 and
Health and ,safety Code 13114.7
28. Construction Site Fire Safety: All construction sites must comply with applicable
provisions of the CFC Chapter 33 and our Standard Detail and Specification SI-7.
Provide appropriate notations on subsequent plan submittals, as appropriate to the
project. CFC; Chp. 33
29. Premises Identification: Approved numbers or addresses shall be placed on all new
and existing buildings in such a position as to be plainly visible and legible from the
street or road fronting the property. Numbers shall contrast with their background.
CFC Sec. 505
PASSED AND ADOPTED this 25th day of March, 2014, by the following roll call vote:
AYES: Cornmissioners: Finch, Kendall, Resnikoff, and Reynolds
NOES: Cornmissioners: None
ABSENT: Commissioners Dodd and Rich
ABSTAIN: Commissioners: None
APPROVED: ~ ~-~ r~~~
~ Paul Resnikoff, Chair
ATTEST:
Paul Ke moyan, Secretary