PC Res 4149RESOLUTION NO. 4149
BEING A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CAMPBELL GRANTING A CONDITIONAL
USE= PERMIT (PLN2014-47) TO ALLOW LIVE
EN-fERTAINMENT IN CONJUNCTION WITH AN EXISTING
RESTAURANT (CIANO'S) ON PROPERTY LOCATED AT 280
E. CAMPBELL 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.
After due consideration of all evidence presented, the Planning Commission did find as
follows with respect to file numbers PLN2014-47:
1. The project site is zoned C-3 (Central Business District) and is designated with a
Central Commercial land use designation by the General Plan.
2. 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.
3. The project site is located on the southeast corner of East Campbell Avenue and
First Street, and the restaurant and bar with proposed live entertainment will occupy
a 5,400 square foot tenant space, remodeled from the former Odd Fellow Hall.
4. The Modification to the previously-approved Conditional Use Permit will continue to
allow late night operational hours and general alcohol sales in conjunction with a
restaurant and bar.
5. 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
surrounding residential neighborhoods.
6. 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 restaurants have
an essential role.
7. 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, amount of bar area seating, and alcohol
beverage service, are necessary to protect the public health, safety and welfare.
Planning Commission Resolution No. 4149
PLN2014-47 - 2E10 E. Campbell Avenue -Use Permit for Live Entertainment (Ciano's)
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8. The Downtown Alcohol Beverage Policy strongly recommends that Conditional Use
Permits for establishments for on-site consumption of alcohol beverages be limited to
a closing time of no later than 12:00 AM and for ancillary live entertainment to a
restaurant use with a separate bar area have a closing time of no later than 11:00
PM.
9. The over-concentration of late night alcohol serving establishments within a compact
downtown district can create a cumulative impact that overwhelms the area creating
an undesirable result such as public intoxication, vandalism, and disorderly conduct.
10. Campbell Police Department statistics show a disproportionate number of calls-for-
service during 1:00 AM to 1:59 AM hour.
11. Campbell Police Department statistics show an increase, seasonally adjusted, in
calls-for-service over the last 2 '/z years.
12. A "bar area"' is defined as a "separate area, tables, or a room intended primarily for
serving alcoholic beverages" pursuant to CMC 21.10.060.F(1)(b).
13. The placement of dining area proximate to two bar areas constitutes a de-facto bar
area, with seating quantities, inconsistent with Downtown Alcohol Beverage Policy.
14. The approval of a Conditional Use Permit incorporates applicable operational
standards cif the Downtown Alcohol Beverage Policy, including a 12:00 AM public
closing time and bar area seating comprising no more than 25% of the total seating
capacity.
15. Alcohol beverage service in the restaurant shall be ancillary and subordinate to the
primary purpose of serving food.
16. The Police Department is supportive of the application as conditioned with a closing
time of 12:00 AM. Absent such a condition, the Police Department would recommend
denial of they application.
17. The requested Modification will allow for live entertainment in conjunction with an
existing restaurant.
18. The Modification to the existing Conditional Use Permit will not modify the conditions
of approval of the existing Conditional Use Permit under Resolution No. 4082, other
than to allover for the live entertainment.
19. The Downtcwn Alcohol Beverage Policy strongly recommends that Conditional Use
Permits for ancillary live entertainment to a restaurant use with a separate bar area
have a closing time of no later than 11:00 PM.
Planning Commission Resolution No. 4149
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20. The approval of a Modification to the existing Conditional Use Permit incorporates
applicable operational standards of the Downtown Alcohol Beverage Policy, including
live entertainnment ending at 10:00 PM.
21. 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 approval of the
Modification to the existing 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.
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.
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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 Existing Facilities, 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 (PLIN2014-47) to allow live entertainment in conjunction with an existing
restaurant (Ciano's) on property located at 280 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 Code:> 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 Modification (PLN2014-47) to an existing
Conditional Use Permit (PLN2012-148) to allow late night operational hours and
general alcohol sales for a restaurant and bar (Ciano's Modern Latin Flavors) with live
entertainment located at 280 E. Campbell Avenue. The project shall substantially
conform to the previously-approved project plans and written description for the
restaurant and bar with late night operations dated August 7 and August 8, 2012,
respectively, per the Conditional Use Permit (PLN2012-148) approved by Resolution
No. 4082, and the updated Project Plans for the live entertainment stamped dated
and received by the Planning Division on February 7, 2014 and the revised live
entertainment Project Description stamped dated and received by the Planning
Division on March 6, 2014, except as may be modified by the conditions of approval
contained hE~rein.
2. Previous Conditions of Approval: Upon the effective date of the Resolution approving
this Modification to the previously-approved Conditional Use Permit, previously
approved Conditions of Approval provided in Planning Commission Resolutions No.
4082 shall Ibe void and shall permanently be superseded in their entirety by the
Conditions of Approval specified herein.
3. Modification Approval: The Modification of the Conditional Use Permit approved
herein shall be valid for one year from the date of final approval (expiring May 2,
2015). Within this one-year period, the live entertainment shall be established on site.
Planning Commission Resolution No. 4149
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The entitlement approval shall be valid in perpetuity with continued operation of the
use.
4. Live Entertainment Permit: 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 Modification approval of the
Conditional Use Permit approved herein. The applicant shall operate the live
entertainment in conjunction with the requirements of the Live Entertainment Permit,
including that no noise may not travel more than 50 feet from the business, and the
applicant/op~erator of the business will be required to employ one security guard
(licensed and bonded) for every 50 people past midnight on the premises.
5. Si na e: No signage has been approved as part of this application. No new signage
shall be installed prior to approval of a sign permit as required by CMC 21.10.060.x.
6. Operational Standards: Consistent with the Downtown Alcohol Beverage Policy and
other City standards, any live entertainment in conjunction with a restaurant with a
separate bar area operating pursuant to a Conditional Use Permit approved herein
shall conform to the following operational standards:
a. Restaurant Seating/Patron Occupancy: Total indoor patron occupancy
shall be limited to 157 seated patrons, consisting of 118 dining area seats
andl no more than 39 bar area seats (25%), subject to the maximum
occupancy capacities of certain rooms as determined by the California
Buillding Code (CBC). At no time shall there be more than 157 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.
Prior to operation of the live entertainment, the applicant shall provide a
formal seating plan to be reviewed and approved by the Director of
Cornmunity Development. Seating in the restaurant shall be placed in
accordance with the approved seating plan prior to operation of the live
entertainment.
b. 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 - 12:00 AM, Saturday -Sunday
• Operational Hours: 9:00 AM - 1:00 AM, Saturday -Sunday
Planning Commission Resolution No. 4149
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c. Live Entertainment Hours of Operation: Hours of operation for live
entertainment shall be as follows. By the end of 'Business Hours for Live
Entertainment,' all live entertainment shall cease. By the end of the
'Operational Hours' all employees, including musicians, shall be off the
premises.
• Business Hours 6:00 PM - 10:00 PM, Thursday -Saturday
5:00 PM - 9:00 PM, Sunday
2:00 PM - 10:00 PM (Extended hours)
only permitted on six (6) specified days of
each calendar year, pre-approved by the
Community Development Department
• Operational Hours 5:30 PM - 10:30 PM, Thursday -Saturday
4:30 PM - 9:30 PM, Sunday
1:30 PM - 10:30 PM, only on the six (6)
specified days of each calendar year, pre-
approved by the Community Development
Department
d. Fond Service: Full menu food service shall be provided at all times during
the Business Hours in the dining, outdoor seating, and bar areas (i.e., the
kitchen shall not be closed).
e. Queuing Management and Security Plan: Prior to issuance of a Business
LicE;nse, the business owner shall prepare, to the satisfaction of the
Cormunity Development Director and Police Chief, a 'Queuing Management
andl Security Plan', which shall indicate the location of a queuing line; number
andl qualifications of security personnel; number, placement, and
accessibility of security cameras; and any other pertinent information as
requuired by the Police Department.
f. Bar' Area Meal Service: Meal service shall be available in the bar area at all
timE~s.
g. Band Operation: Live entertainment, consisting of a band of no more than
four (4) musicians per band, for the purpose of providing ambient music,
shall comply with the live entertainment hours in accordance with Condition
No. 6c, subject to approval of a Live Entertainment Permit in compliance with
CMC 5.24. No amplified live entertainment shall be permitted. No more than
one band shall be permitted per day. On-site security shall be provided as
required by the Police Department.
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h. Alcohol Beverage Service: Alcohol beverage service in the dining area
shall only be allowed in conjunction with food service. The dining area shall
not be converted to a bar area or dance area.
Smoking: "No Smoking" signs shall be posted on the premises in
connpliance with CMC 6.11.060.
Outdoor Seating: Outdoor seating shall be considered part of the dining
area subject to all restrictions herein. In addition, the following requirements
ap~-ly:
All outdoor patio furniture (including tables, chairs, umbrellas, and
heaters) shall be in substantial conformance with the details and
specifications provided in the approved Project Plans.
ii. Total patron occupancy in the outdoor seating area shall be limited to
22 seated patrons, exclusive of the shared patio area.
iii. Use of the outdoor seating area shall cease by 11:00 PM, daily. At
such time, all chairs shall be stacked, stored, or otherwise secured to
prevent unauthorized use. All outdoor furniture shall be placed inside
at the end of each business day.
i`~. All outdoor furniture shall be kept clean and in good repair and
replaced and/or fixed as necessary.
v. The business owner shall maintain comprehensive liability insurance
and list the City as an "additionally insured", consistent with CMC
21.10.060.H(6). Before the issuance of a Business License, the
business owner shall furnish to the city a certificate of insurance.
k. 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 verified complaints are received by the City regarding such
noi;>e, the Community Development Director may immediately require that
the outdoor seating area be closed at 10:00 PM and/or modify the business
hours/hours of operation, subject to the project being brought back to the
Planning Commission for review.
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.
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m. Trash ~ Clean Up: All trash, normal clean up, carpet cleaning, etc. shall not
be done in the late evening or early morning hours. All trash removal shall
be done between 6:00 AM and 11:00 PM daily.
n. 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 alcoholic beverages. The license shall include the Business Hour
res1trictions 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
mainual that addresses alcoholic beverage service consistent with the
standards of the California Restaurant Association and the Department of
Alcoholic Beverage Control.
p. Designated Driver Program: The establishment shall maintain and actively
proimote a designated driver program (e.g., complimentary non-alcoholic
beverages for designated drivers).
q. Ta~:icab Service: The establishment shall post in a conspicuous place the
telephone numbers of local taxicab services.
r. Outdoor Activity: Other than outdoor seating, no outdoor activity (e.g.,
cooking) is permitted in association with the establishment.
s. Cit)~ 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
seniice to the general public.
t. Floor Plan: At no time shall the seating be reconfigured and/or put aside to
create 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.
u. Cower Charge: At no time shall a cover charge be required or a donation
necessary in order to patronize the establishment.
v. Outdoor Area: No bands or musicians shall be permitted to play outdoors.
w. Doors and Windows: Doors and windows shall remain closed at all times
during live entertainment performances, except for one small man-door
located approximately in the middle of the folding door system frontage to be
opened only when used for people to access between the outdoor patio and
the interior restaurant space. Otherwise, this door is to remain closed.
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7. Revocation of Permit: Operation of the restaurant and bar with live entertainment
pursuant to the Modification permit approved herein and the previously-approved
Conditional Use Permit 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 Modification to the previously-approved Conditional Use Permit if
it is determined that the sale of alcohol and live entertainment has become a
nuisance to the City's public health, safety or welfare or for violation of the
Modifications to 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 live entertainment or associated 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. They number and types of Police Department calls for service at or near the
est<~blishment that are reasonably determined to be a direct result of patrons
actions;
b. They number of complaints received from residents, business owners and
othE=r citizens concerning the operation of an establishment,
c. They number of arrests for alcohol, drug, disturbing the peace, fighting and
public nuisance violations associated with an establishment;
d. They 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 22nd day of April, 2014, by the following roll call vote:
AYES: Cornmissioners
NOES: Cornmissioners
ABSENT: Commissioners
ABSTAIN: Cornmissioners
ATTEST:
Dodd, Finch, Kendall, Resnikoff, Reynolds, and Rich
None
None
None
APPROVED: ~ ~ ~ ~1
Paul Resnikoff, Chair
Paul K~rm~yan, Secretary