PC Res 4165RESOLUTION NO. 4165
BEING A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CAMPBELL APPROVING A
MODIFICATION (PLN2014-207) TO A PREVIOUSLY-
APPROVED CONDITIONAL USE PERMIT (PLN2012-255)
TO CONVERT AN APPROVED WINE BAR TO A
RESTAURANT AND BAR WITH LATE NIGHT
OPERATIONAL HOURS, FULL ALCOHOL (SPIRITS) SALES
AND LIVE ENTERTAINMENT ON PROPERTY LOCATED AT
400 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 PLN2014-207:
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 consists of a 3,965 square-foot parcel, improved with 6,211 square-
foot historic Grower's National Bank building.
3. The project site is located along East Campbell Avenue between North Central
Avenue and the railroad tracks.
4. At its meeting of February 26, 2013, the Planning Commission adopted Resolution
No. 4094 approving a Conditional Use Permit (PLN2012-255) for a wine bar. On
December 6, 2013, the Community Development Director granted a one-year
extension of the Conditional Use Permit, pursuant to CMC 21.56.030.D.1.
5. The requested Modification (PLN2014-207) to the previously approved Conditional
Use Permit (PLN2012-255) would allow conversion of an approved wine bar to a
restaurant and bar with late night operational hours (12 AM public closing time), full
alcohol (spirits) sales, and live entertainment.
6. The approval of a Conditional Use Permit incorporates applicable operational
standards of the Downtown Alcohol Beverage Policy.
7. Alcohol beverage service in the restaurant shall be ancillary and subordinate to the
primary purpose of serving food.
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8. 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.
9. The City Council adopted the 'Downtown Alcohol Beverage Policy', as an
implementation tool 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.
10. 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.
Restrictions to the hours of operation, amount of bar area seating, and alcohol
beverage service, are necessary to protect the public health, safety and welfare.
11. 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. However, the Planning Commission retains
the discretion to allow lesser hours as necessary to satisfy the required findings
provided for in CMC Secs. 21.46.070 and 21.46.040.
12. 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 drunkeness in public, vandalism, and disorderly
conduct.
13. The approval of a Conditional Use Permit incorporates applicable operational
standards of the Downtown Alcohol Beverage Policy
14. Irrespective of the overall percentage of bar area seating, the creation of two bars is
inconsistent with the Downtown Alcohol Beverage Policy.
15. Alcohol beverage service in the restaurant shall be ancillary and subordinate to the
primary purpose of serving food.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
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;
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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 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. As conditioned, the establishment will be consistent with the Campbell Downtown
Alcohol Policy.
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.
THEREFORE, BE IT RESOLVED that the Planning Commission approves a Modification
(PLN2014-207) to a previously-approved Conditional Use Permit (PLN2012-255) to
convert an approved wine bar to a restaurant and bar with late night operational hours, full
alcohol (spirits) sales and live entertainment on property located at 400 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
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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
Approved Project: Approval is granted fora Modification (PLN2014-207) to a
previously approved Conditional Use Permit (PLN2012-255) to convert an approved
wine bar to a restaurant and bar with late night operational hours, full alcohol sales,
and live entertainment. The project shall substantially conform to the Revised Project
Plans and Project Description stamped as received by the Planning Division on
August 29, 2014, and August 25, 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 Type 47 Alcoholic Beverage Control (ABC)
license must be secured or the Modified Conditional Use Permit shall be rendered
void. Once established, approval for restaurant with late night operational hours, full
alcohol sales, and live entertainment, shall be valid in perpetuity on the property in
association with a restaurant use 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. Previous Conditions of Approval: Upon the effective date of the Modified Conditional
Use Permit, the previously approved Conditions of Approval provided in Planning
Commission Resolution No. 4094 (PLN2012-255) shall be void and shall permanently
be superseded in their entirety by the Conditions of Approval specified herein.
4. Si na 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. K. The allowable sign materials for the project site shall include
enameled metal, painted wood, cast metal, painted fabric, and similar materials.
Plastic signage of any type, whether individual letters or as part of a box (or cabinet),
shall not be approved.
5. Construction Drawings: The construction drawings submitted for a building permit
shall include or indicate the following:
a. The Conditions of Approval in full, a separate sheet behind the cover sheet.
b. The floor plan shall specifically identify all non-bar area seating as standard
height furniture (i.e., no "high-top" seating or tables).
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c. The floor plan shall clearly identify the upstairs (mezzanine) bar as a "service
bar" only, with no seating (including accessible seating) for patrons. The service
bar shall be designed to incorporate a vertical drop from the bar surface to the
ground (i.e. with no "leg room").
6. Exterior Modifications: The subject building is included in the City's Historic Resource
Inventory and is known as the Grower's National Bank Building. No exterior
modifications shall be allowed other than those previously approved as part of the
exterior restoration and seismic upgrade Building Permit approved in 2008. The
temporary fire sprinkler connection located on the storefront shall be recessed into
the wall as originally approved prior to building occupancy.
7. 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 occupancy shall be
limited to 239 seated patrons (patrons shall not be served while standing),
excluding those waiting for service, and a maximum of 17 associated
employees of the business, subject to the maximum occupancy capacities of
certain rooms as determined by the California Building Code (CBC). It is the
responsibility of the business owner to provide adequate entrance controls to
ensure that patron occupancy is not exceeded. Maximum Occupancy signs
shall be posted conspicuously within the premises.
b. Bar Area Seating: There shall only be one "bar area" in the establishment, as
defined by the Campbell Municipal Code, located on the lower floor and which
shall not exceed 17 seats. A "service bar", devoted solely to beverage
preparation by restaurant staff, is permitted within the mezzanine level.
Patrons shall not be permitted to stand or sit at the "service bar".
c. Floor Plan: All chairs and tables within the dining area shall consist of
standard-height furniture (i.e., no "high-top" seating and tables). 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 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 11:00 AM - 10:00 PM, Sunday -Wednesday
11:00 AM - 11:00 PM, Thursday -Saturday
• Operational Hours 10:00 AM - 11:00 PM, Sunday -Wednesday
10:00 AM - 12:00 AM, Thursday -Saturday
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e. Food Service: Full menu food service shall be provided at all times during the
Business Hours in the dining and bar areas (i.e., the kitchen shall not be
closed).
f. 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.
g. Bar Area Meal Service: Meal service shall be available in the bar area at all
times.
h. Outdoor Seating: Outdoor seating is prohibited.
i. 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.
Live Entertainment: Live entertainment, limited to three musicians for the
purpose of providing ambient music, staged as shown on the Approved Floor
Plan, shall be permitted 6:00 PM to 10:00 PM, daily, subject to approval of a
Live Entertainment Permit in compliance with CMC 5.24. Amplification shall be
limited to the establishment's built-in speaker system. 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.
k. Cover Charge. At no time shall a cover charge be required or donation
necessary in order to patronize the establishment.
I. Loud Speakers: Exterior loud speakers, exterior audio sound systems, and/or
public address systems are prohibited.
m. Noise: Regardless of decibel level, and taking into consideration the noise
environment of Downtown Campbell, no noise generated by the restaurant
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 three (3) verifiable and repeated number of complaints
pertaining to noise, the Planning Commission may review the Conditional Use
Permit. Upon review, if 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 such as limiting the hours of operational and/or restricting
or terminating live entertainment.
n. Smoking: "No Smoking" signs shall be posted on the premises in compliance
with CMC 6.11.060. It is the business owner's responsibility to enforce the "no
smoking" requirements within the outdoor dining areas and along the
immediate exterior of the restaurant.
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o. Doors and Windows: Doors and windows shall remain closed after 10:00 PM
and during times that live entertainment performances.
p. Trash & Clean Up: All trash, normal clean up, carpet cleaning, etc. shall
occur during the approved Operational Hours. Refuse receptacles shall be
kept within the refuse enclosure approved by the Community Development
Director, except during collection in compliance with Chapter 6.04 of the
Campbell Municipal Code.
q. 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 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.
r. Alcohol Sales: The monthly gross sales of alcoholic beverages shall not
exceed the gross sales of food during the same period, consistent with ABC
licensing regulations. The business owner shall provide sales records on
demand to the City to verify compliance with this standard.
s. 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.
t. 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.
u. Taxicab Service: The establishment shall post in a conspicuous place the
telephone numbers of local taxicab services.
v. Outdoor Activity: No outdoor activity (e.g., cooking) is permitted in
association with the establishment.
w. 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.
x. Security: If the use generates disturbances that, in the opinion of the Police
Department, warrant security, the applicant shall provide private security to the
satisfaction of the Police Chief.
8. 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
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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.
Building Division:
9. Permits Required: A building permit application shall be required for the proposed
tenant improvements to the existing vacant commercial structure. The building permit
shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit.
10. Construction Plans: The Conditions of Approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
11. Size of Plans: The minimum size of construction plans submitted for building permits
shall be 24 in. X 36 in.
12. 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.
13. Site Plan: Application for building permit shall include a competent site plan that
identifies property and proposed structures with dimensions and elevations as
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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.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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.
19. Approvals Required: The project requires the following agency approval prior to
issuance of the building permit:
a. West Valley Sanitation District (378-2407) (Backflow prevention is required)
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)
20. 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.
21. Storm Water 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.
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PUBLIC WORKS DEPARTMENT
22. Utilities: AIN on-site utilities shall be installed underground per Section 21.18.140 of
the Campbell Municipal Code for any new or remodeled buildings or additions.
Applicant shall comply with all plan submittals, permitting, and fee requirements of the
serving utility companies.
23. Water Meter(s) and Sewer Cleanout(s): Proposed water meter(s) and sewer
cleanout(s) shall be installed at a location approved by the City Engineer.
24. Utilitv 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.
25. 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. Campbell Avenue has not been reconstructed or overlaid in the last 5
years. 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.
26. Utilitv 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.
27. 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.
28. 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.
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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.
29. Trash Enclosure(s): Conversion to restaurant use will result in the generation of
significantly more trash. The applicant will need to demonstrate that the project has
sufficient capacity for trash storage to avoid the potential stormwater pollution impacts
that can result from spillage and loose debris.
30. Private Improvements Agreement: Prior to issuance of any grading or building
permits for the site, the owner shall execute an "Agreement for Private Improvements
in the Public Right of Way". This agreement would be required to allow the existing
utility facilities located in the public right of way along the frontage of this property,
and any other non-City standard improvements, to remain.
COUNTY FIRE DISTRICT
31. Development Review: Review of this development proposal is limited to acceptability
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 Department all applicable construction
permits.
32. Project Plans: The project plans show the project conditions required by the Fire
District on Page A0.0. Note that condition #4 of refers to the "fire sprinkler monitoring
system" -this will require separate review by this office.
33. Address Identification: New and existing buildings shall have approved address
numbers, building numbers or approved building identification placed in a position
that is plainly legible and visible from the street or road fronting the property. These
numbers shall contrast with their background. Address numbers shall be Arabic
numbers or alphabetical letters. Numbers shall be a minimum of four inches (101.6
mm) high with a minimum stroke width of 0.5 inch (12.7mm). Where access by
means of a private road and the building cannot be viewed from the public way, pole
or other sign or means shall be used to identify the structure. CFC Sec. 505.1.
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PASSED AND ADOPTED this 9th day of September, 2014, by the following roll call vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners
ABSTAIN: Commissioners:
Dodd, Finch, Kendall, Rich and Young
None
Finch
Resnikoff a
APPROVE
i
~~' ~i
ATTEST: ~~~~~ ' Cam'
Paul Kermoyan, Secretary
nd Reynolds
D:
Pam Finch, Acting Chair