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PC Res 4200RESOLUTION NO. 4200 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A SITE AND ARCHITECTURAL REVIEW PERMIT TO ALLOW GENERAL ON- SALE ALCOHOL SALES IN CONJUNCTION WITH AN EXISTING RESTAURANT (SORELLE ITALIAN BISTRO) ON PROPERTY LOCATED AT 915 S. SAN TOMAS AQUINO ROAD, SUITES 400 8~ 500. FILE NO: PLN2014-349 After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. The Planning Commission finds as follows with regard to file number PLN2014-349: 1. The project site is located within an existing commercial center on the west side of S. San Tomas Aquino Road, south of Elam Avenue, and north of Jonathan Court. 2. The project site is zoned P-D (Planned Development) and is designated with a Neighborhood Commercial land use designation by the General Plan. 3: A liquor establishment requires the approval of a Conditional Use Permit in the P-D zoning district. 4. The subject tenant space obtained approval of a Conditional Use Permit (UP89-25) to allow the sale of beer and wine in conjunction with a full service restaurant. 5. The requested Modification to the previously approved Conditional Use Permit would also allow general on-sale liquor license in conjunction with the existing restaurant. 6. Alcohol beverage service in the restaurant shall be ancillary and subordinate to the primary purpose of serving food. 7. The Police Department has reviewed the project and is supportive of the project 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 the approval of a Modification of the previously approved Conditional Use Permit, and complies, as conditioned, with all other applicable provisions of this Zoning Code and the Campbell Municipal Code. 2. The proposed development would be consistent and compatible with the General Plan and will aid in the harmonious development of the immediate area. 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. Planning Commission Resolution No. 4200 915 S. San Tomas Aquino Road Approving a Conditional Use Permit (PLN2014-349) Page 2 of 2 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, 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. The establishment of the use will not result in an over concentration of liquor establishment 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 increase the demand on city services. 10. This project is Categorically Exempt under Section 15301, Class 1 of the California Environmental Quality Act (CEQA) pertaining to the operation, permitting, and minor alterations of 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 to allow general on-sale alcohol sales in conjunction with an existing restaurant (Sorelle Italian Bistro) on property located at 915 S. San Tomas Aquino Road, Suites 400 & 500 ,subject to the attached Conditions of Approval (attached Exhibit "A"). PASSED AND ADOPTED this 14th day of April, 2015, by the following roll call vote: AYES: Commissioners: Rich, Reynolds, Kendall, Young, Bonhagen, Finch, and Dodd NOES: Commissioners: None ABSENT: Commissioners None ABSTAIN: Commissiolners: None m. ~ ~ APPROVED: 1 j ' Pamela Finc air ~, ~ ~,i ATTEST: \~\"'~~ ~,~~~~._ Paul Kermbyan, Secretary EXHIBIT A CONDITIONS OF APPROVAL Conditional Use Permit (PLN2014-349) 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 Department Approved Project: Approval is granted for a Modification (PLN2014-349) of a previously established Conditional Use Permit (UP89-25), to allow general on-sale alcohol sales in conjunction with an existing restaurant (Sorelle Italian Bistro) on property located at 915 S. San Tomas Aquino Road, Suites 400 & 500. The project shall substantially conform to the Project Plans and Project Description stamped as received by the Planning Division on February 20, 2015, except as may be modified by the conditions of approval contained herein. 2. Permit Expiration: The Modification approved herein shall be valid for one year from the date of final approval (expiring April 14, 2016). Within this one-year period, a Type 47 liquor license shalt be obtained and the approved use established on site. The entitlement approval shall be valid in perpetuity with continued operation of the use. Abandonment, discontinuation, or ceasing of operations for a continuous period of twelve months shall void the Modification Permit approved herein. 3. Parking: A minimum of 34 parking spaces shall be provided on the project site at all times. 4. Operational Parameters: A restaurant with general service on-sale alcohol sales operating pursuant to the Modification approved herein shall conform to the following operational standards. Deviations from these parameters (as determined by the Community Development Director) shall require approval of a Modification to the Conditional Use Permit, approved herein. a. Approved Use: The approved use is a restaurant with ancillary general on-sale liquor sales. This use is herein specifically defined to preclude the possibility of the business to operate as a bar, or operate in any capacity in which it would function as or resemble such a use. b. Hours of Operation: Hours of operation shall be as follows. By the end of the 'Operational Hours' all employees shall be off of the premises. By the end of 'Business/Public Hours' all patrons shall have exited the facility. i. Operational Hours 11:00 AM - 10:00 PM, Sunday Conditions of Approval ~ 915 S. San Tomas Aquino Road, Suites 400 & 500 Conditional Use Permit - PLN2014-349 Page 2 11:00 AM - 11:00 PM, Monday -Saturday ii. Business/Public Hours 11:30 AM - 9:00 PM, Sunday 11:30 AM - 10:00 PM, Monday -Saturday c. Restaurant Seating/Patron Occupancy: Total indoor patron occupancy shall be limited to 27 patrons, 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 27 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. d. Bar Area: A maximum of four (4) bar stools shall be permitted. Full menu food service shall be available at the bar seating at all times. e. Restaurant Furniture: No high top tables shall be permitted. 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. 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). h. Live Entertainment and Music: No live entertainment shall be permitted. Any music shall be played at low levels, behind closed doors, and shall not be audible from adjoining properties. No amplified music shall be permitted. Property Maintenance: The owner/operator of the subject property shall maintain all exterior areas of the business free from graffiti, trash, rubbish, posters and stickers. Trash receptacles shall be maintained within their approved enclosures at all times. Parking lot striping and paving shall be maintained in good condition, and all spaces shall remain free of debris at all times. Landscape Maintenance: All landscaped areas shall be continuously maintained in accordance with City Landscaping Requirements (CMC 21.26). Landscaped areas shall be watered on a regular basis so as to maintain healthy plants. Landscaped areas shall be kept free of weeds, trash, and litter. Dead or unhealthy plants shall be replaced with healthy plants of the same or similar type. k. Noise: Unreasonable levels of noise, sounds and/or voices, including but not limited to amplified sounds, loudspeakers, sounds from audio sound systems, and/or music, generated by the subject use shall not be audible to a person of normal hearing capacity from any property. All exterior doors including entry doors shall be kept closed. Conditions of Approval ~ 915 S. San Tomas Aquino Road, Suites 400 & 500 Conditional Use Permit - PLN2014-349 Page 3 At the discretion of the Community Development Director, if the use generates three (3) verifiable complaints related to violations of conditions of approval and/or related to noise 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 Administrative Planned Development Permit or Parking Modification 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: i. 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; ii. The number of complaints received from residents, business owners and other citizens concerning the operation of an establishment; and iii. Violation of conditions of approval. Parking Management: In the event that three (3) verifiable complaints are received by the City regarding parking, the Community Development Director may reduce the number of seats, limit the hours of operation, require additional parking management strategies and/or bring the permit back to the Planning Commission for review. m. Smoking: A "No Smoking" sign shall be posted on the premises in compliance with CMC 6.11.060. n. 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 11:00 AM and 10:00 PM on Sunday, and 11:00 AM and 11:00 PM, Monday through Saturday. Refuse and recycling receptacles shall be kept within an enclosure except during collection in compliance with Chapter 6.04 of the Campbell Municipal Code. o. Outdoor Activity: No outdoor activity is permitted in association with the establishment. 5. Revocation of Permit: Operation of a restaurant with general on-sale liquor sales (including beer and wine) 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 its operation 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 its operation 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 Conditions of Approval ~ 915 S. San Tomas Aquino Road, Suites 400 & 500 Conditional Use Permit - PLN2014-349 Paae 4 Community Development Director may commence proceedings for the revocation or modification of 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 noise complaints at or near the establishment that are reasonably determined to be a direct result of patrons actions or facility equipment; b. The number of parking complaints received from residents, business owners and other citizens concerning the operation of an establishment; and c. Violation of conditions of approval. 6. Liquor License: The business owner shall maintain in good standing a Type 47 liquor license from the State Department of Alcoholic Beverage Control. The license shall include Business Hours and other applicable restrictions consistent with the Conditional Use Permit approved herein. 7. Alcohol Sales for Off-Site Consumption: The sale of alcohol for off-site consumption is prohibited. 8. Employee Training: The business shall operate in accordance with the standards pertaining to the serving of alcohol as established by the California Restaurant Association and the California Department of Alcoholic Beverage Control. 9. Taxicab Service: The establishment shall post in a conspicuous place the telephone numbers of local taxicab services to provide a safe alternative mode of transportation for customers that use their service. 10. Location of Mechanical Equipment: No roof-mounted mechanical equipment, i.e. air conditioning units, shall be located on the roof of the building without providing screening of the mechanical equipment from public view and surrounding properties. Screening material and method shall require review and approval by the Community Development Director prior to installation of such mechanical equipment screening. 11.Outdoor Storage: No outdoor storage is permitted on the property. 12. Floor Plan: The applicant shall provide a revised floor plan demonstrating a total of 27 seats prior to Planning Department clearance of the ABC license application. This floor plan shall also be provided to ABC for inclusion in the permit file.