CC Resolution 11694RESOLUTION NO. 11694
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING A CONDITIONAL USE PERMIT TO
ALLOW A NEW RESTAURANT WITH BEER AND WINE SALES,
LATE NIGHT (EARLY MORNING) OPERATION, AND LIVE
ENTERTAINMENT ON PROPERTY LOCATED AT 368 E.
CAMPBELL AVENUE IN THE C-3 (CENTRAL BUSINESS
DISTRICT) ZONING DISTRICT. FILE NO.: PLN2014-57
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 City Council finds as follows with regard to file number PLN2014-57:
1. The project site is zoned C-3 (Central Business District) and designated Central
Commercial by the General Plan Land Use Element.
2. The project site is located at the southeast corner of Campbell and Central Avenues.
3. The project site consists of an 8,200 square-foot parcel, improved with a 6,500 square-
foot two-story building with retail and office.
4. The requested Conditional Use Permit would allow late night (early morning) operation,
beer and wine sales, and live entertainment in conjunction with a new restaurant and
bar.
5. The approval of a Conditional Use Permit incorporates applicable operational
standards of the Downtown Alcohol Beverage Policy.
6. Alcohol beverage service in the restaurant shall be ancillary and subordinate to the
primary purpose of serving food.
7. Policies found within the Campbell General. Plan and Downtown Campbell
Development Plan articulate a desire to promote and enhance a downtown
environment 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.
8. 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 drunk in public, vandalism, and disorderly conduct.
9. Alcohol beverage service in the restaurant shall be ancillary and subordinate to the
primary purpose of serving food.
10.A public closing time of 10:00 PM for the restaurant and bar is appropriate to ensure
that alcohol service remains ancillary to food service and therefore would not result in
an overconcentration of alcohol-serving (liquor) establishments.
City Council Resolution
Approving a Conditional Use Permit
PLN2014-57 - 368 E. Campbell Ave.
Page 2
Based upon the foregoing findings of fact, the City Council 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;
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 be consistent with the Campbell Downtown Alcohol Policy.
8. As conditioned, the establishment will not result in an over-concentration of these uses
in the surrounding area;
9. As conditioned, the establishment will not create a nuisance due to litter, noise, traffic,
vandalism, or other factors;
10. As conditioned, the establishment will not significantly disturb the peace and enjoyment
of the nearby residential neighborhood;
11.As conditioned, the establishment will not significantly increase the demand on city
services;
12.The project is Categorically Exempt under Section 15060(c)(2) of the California
Environment Quality Act (CEQA), pertaining to activities that will not result in a direct or
reasonably foreseeable indirect physical change to the environment.
City Council Resolution Page 3
Approving a Conditional Use Permit
PLN2014-57 - 368 E. Campbell Ave.
THEREFORE, BE IT RESOLVED that the City Council approves a Conditional Use Permit
(PLN2014-57) to allow a new restaurant with beer and wine sales, late night (early
morning) operation, and live entertainment, on property located at 368 E. Campbell
Avenue in the C-3 Zoning District, subject to the attached Conditions of Approval
(attached Exhibit "A").
PASSED AND ADOPTED this i~tn day of June , 2014, by the following
roll call vote:
AYES: COUNCILMEMBERS: saker,
NOES: COUNCILMEMBERS: None "
ABSENT: COUNCILMEMBERS: Low
ABSTAIN: COUNCILMEMBERS: None
Kotowski, Cristina, Waterman
APPROVED:
ATTEST:
Anne B ee, Cit Clerk
Rv T•~endv Wood., ~eputy City Clerk
Richa
Rv Je
Mayor
ia, Vice 'Mayor
CONDITIONS OF APPROVAL
PLN2014-57 - 368 E. Campbell
Exhibit A
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:
Approved Project: Approval is granted for a Conditional Use Permit (PLN2014-57) to
allow a new restaurant with beer and wine sales, late night operation, and live
entertainment on property located at 368 E. Campbell Avenue. The project shall
substantially conform to the project plans and revised project description stamped as
received by the Planning Division on February 20, 2014 and April 14, 2014,
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. Within this one-year period, a building permit for the tenant improvements for
the restaurant and a Type 41 Alcoholic Beverage Control (ABC) license must be secured
or the Conditional Use Permit shall be rendered void. Once established, approval for the
restaurant with beer and wine sales, late night operation, and live entertainment, shall be
valid in perpetuity on the property, subject to continued operation of the use.
Abandonment, discontinuation, or ceasing of operations for a continuous period of twelve
months shall void the Conditional Use Permit approved herein.
3. Operational Standards: Consistent with Downtown Alcohol Beverage Policy and other
City standards, any restaurant operating pursuant to the 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 49 seated persons, consistent with the 40 dining area seats and
nine bar area seats, 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 49 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 composed of nine (9) bar seats as
shown on the approved project plans. No part of the dining area shall be
considered part of the bar area.
c. Floor Plan: All chairs and tables within the dining area shall consistent of
standard-height furniture (i.e., not "high-top"). All tables and chairs shall be
placed in such a manner to allow sufficient area for dining and shall not be
stacked or removed from the dining area or placed outside. At no time shall the
Conditions of Approval
PLN2014-57 - 368 E. Campbell Ave.
Page 2
seating be reconfigured to created large open spaces for patrons to congregate,
dance, drink, or socialize.
d. 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 6:00 AM - 10:00 PM, Sunday -Saturday
• Operational Hours 5:00 AM - 11:00 PM, Sunday -Saturday
e. Food 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).
f. Live Entertainment: Live entertainment, limited to two musicians with non-
amplified instruments, for the purpose of providing ambient music, shall be
permitted 11:00 AM to 10:00 PM, daily, 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. The door shall remain closed at
all times when live entertainment is occurring, except for the entering and
existing of patrons and staff.
g. 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.
h. Bar Area Meal Service: Meal service shall be available in the bar area at all
times.
i. Outdoor Seating: Outdoor seating shall be considered part of the dining area
subject to all restrictions herein. Total patron occupancy in the outdoor seating
shall be limited to the number of approved seats as specified by an approved
Outdoor Seating Permit.
j. Loitering: There shall be no loitering allowed outside the business and within
the outside dining area that may be approved pursuant to an Outdoor Seating
Permit. 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 Director may immediately
modify the business hours/hours of operation, subject to the project being
brought back to the Planning Commission for review.
Conditions of Approval Page 3
PLN2014-57 - 368 E. Campbell Ave.
I. Smoking: "No Smoking" signs shall be posted on the premises in compliance
with CMC 6.11.060.
m. Trash & Clean Up: All trash, normal clean up, carpet cleaning, etc. shall occur
during the approved 'Operational Hours'. If determined necessary by the
Community Development Director to protect the public health and safety, the
existing refuse enclosure shall be modified to incorporate 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 a
Type 41 (On-Sale Beer and Wine for Bona Fide Public Eating Place) license
from the State Department of Alcoholic Beverage Control for the sale of beer
and wine beverages in conjunction 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 Restaurant Association and the Department of Alcoholic Beverage
Control.
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.
r. Outdoor Activity: Other than outdoor seating as permitted by an Outdoor
Seating Permit, no outdoor activity (e.g., cooking) is permitted in association with
the establishment.
4. Revocation of Permit: Operation of the restaurant and bar 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 the Conditional Use Permit. The Community Development
Conditions of Approval Page 4
PLN2014-57 - 368 E. Campbell Ave.
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:
5. Permits Required: 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.
6. Construction Plans: The Conditions of Approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
7. Size of Plans: The minimum size of construction .plans submitted for building permits
shall be 24 in. X 36 in.
8. 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.
9. 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.
10. 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.
11. 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.
Conditions of Approval
PLN2014-57 ~ 368 E. Campbell Ave.
12. Non-point Pollution Control Program: TI
Valley Non-point Source Pollution Control
plan submittal. The specification sheet 1
Division service counter.
Page 5
e City of Campbell, standard Santa Clara
Program specification sheet shall be part of
size 24" X 36") is available at the Building
13. Title 24 Accessibilitv -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.
14. Title 24 Accessibilitv -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.
15. Approvals Required: The project requires the following agency approval prior to
issuance of the building permit:
a. West Valley 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)
16. 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
process. Applicant should also consult with P.G. and E. concerning utility easements,
distribution pole locations and required conductor clearances.
PUBLIC WORKS
17. 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 $477 (set for commercial land use).