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PC Res 4201RESOLUTION NO. 4201 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING MODIFICATION (PLN2015- 91) TO APREVIOUSLY-APPROVED CONDITIONAL USE PERMIT (PLN2012-205) TO ALLOW MINORS (UNDER 21) IN THE OUTDOOR SEATING AREA, A CHANGE IN WEEKEND BUSINESS HOURS (TO OPEN AT 11 A.M.), AND A CHANGE IN ALCOHOL LICENSE TYPE, FOR AN EXISTING WINE BAR ON PROPERTY LOCATED AT 234 E. CAMPBELL AVENUE. FILE NO: PLN2015-91 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 PLN2015-91: 1. The project site is zoned C-3 (Central Business District) and designated Central Commercial by the General Plan Land Use Map. 2. Sale of alcohol within a wine bar is considered a "liquor establishment", subject to approval of a Conditional Use Permit, consistent with CMC 21.46.070. 3. The existing wine bar occupies a 1,307 square-foot existing tenant space. 4. The project site is located on the south side of East Campbell Avenue, between South First Street and South Second Street. 5. On January 8, 2013, the Planning Commission adopted Resolution No. 4091 approving a Conditional Use Permit to allow a wine bar with late night operational hours, live entertainment. 6. The proposed Modification would allow for an earlier opening time on Saturday and Sunday mornings (11:00 AM), a change to the age restriction to allow minors (persons under 21), and a change in ABC licensing type commensurate with the age restriction change. 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 City Council adopted the 'Downtown Alcohol Beverage Policy', consistent with the goals a..d strategies of the Campbeii General Pian and Gowntown Development Pian. 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. 4201 234 E. Campbell Avenue , Approving a Modification to a Conditional Use Permit Page 2 of 3 9. 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. 10. 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. 11. The approval of a Conditional Use Permit incorporates applicable operational standards of the Downtown Alcohol Beverage Policy, including a 12:00 AM public closing time, 11:00 PM closing time for the outdoor seating and live entertainment ending at 11:00 PM. 12. The Police Department is supportive of the application as conditioned with a closing time of 12:00 AM on Friday and Saturday and no live entertainment after 11:00 PM. 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. Planning Commission Resolution No. 4201 234 E. Campbell Avenue Approving a Modification to a Conditional Use Permit Page 3 of 3 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 Modification (PLN2015-91) to apreviously-approved Conditional Use Permit (PLN2012-205) to allow minors (under 21) in the outdoor seating area, a change in weekend business hours (to open at 11 a.m.), and a change in alcohol license type, for an existing wine bar on property located at 234 E. Campbell Avenue, subject to the attached Conditions of Approval (attached Exhibit "A"). PASSED AND ADOPTED tr AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners ABSTAIN: Commissioners: its 14th day of April, 2015, by the following roll call vote: Rich, Reynolds, Kendall, Young, Bonhagen, Finch, and Dodd None None None ;, APPROVED: Pamela Finc , C it r d ~/ ATTEST: Paul Ke, moyan Secretar; CONDITIONS OF APPROVAL Modification to a Conditional Use Permit (PLN2015-91) 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 1. Approved Project: Approval is granted for a Modification (PLN2015-91) to a previously approved Conditional Use Permit (PLN2012-205) to allow operational changes to an existing wine bar ("liquor establishment") with late night operational hours, live entertainment, and on- and off-site beer and wine sales, located at 234 E. Campbell Avenue. The project shall substantially conform to the previously approved Project Plans and Modification Proposal, stamped as received by the Planning Division on March 13, 2014, as modified by the Conditions of Approval contained herein. 2. Previous Conditions of Approval: Upon the effective date of the Resolution approving this Modification (PLN2015-91), the previously approved Conditions of Approval provided in Planning Commission Resolution No. 4091 shall be void and shall permanently be superseded in their entirety by the Conditions of Approval specified herein. 3. Approval Expiration: The entitlement approval granted by the Modified Conditional Use Permit shall be valid in perpetuity, unless the wine bar ceases operation for a continuous period of twelve months which shall void the entitlement. 4. signage: 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 metal, 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. 5. Operational Standards: Consistent with the Downtown Alcohol Beverage Policy and other City standards, any wine bar operating pursuant to the Modified Conditional Use Permit approved herein shall conform to the following operational standards. a. Approved Use: The approve use is an age-restricted "liquor establishment" (wine bar) within the interior of the building as defined by the Campbell Municipal Code, which shall be limited to the sale of beer and wine beverages for consu~r~ption on the premises, and anon-age restricted "restaurant" within the outdoor seating (patio) area if minors (persons under 21) are permitted. Conditions of Approval ~ 234 E. Campbell Ave. Modification to a Conditional Use Permit Page 2 of 5 The sale of beer and wine products for consumption off-site shall remain ancillary to the primary operation of the business as a wine bar and restaurant. b. Age Restriction: No person under the age of 21 years shall be allowed to enter the interior of the establishment, except for use of restroom facilities, unless allowed as part of the live entertainment (musician) exemption pursuant to Government Code Section 25663.5. A sign indicating this age restriction shall be posted at the entry door. The outdoor seating area may be occupied by persons under the age of 21, if permitted by the establishment's ABC liquor license. c. Wine Bar Seating/Patron Occupancy: Total indoor occupancy shall be limited to 49 seated patrons and associated employees of the business with no patrons allowed to be served while standing. At no time shall there be more than 49 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. Floor Plan: At no time shall the seating be reconfigured to created 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. At no time shall tables and chairs be stacked or removed from the identified seating area or placed outside. e. Hours of Operation: Hours of operation shall be as follows. By the end of 'Business Hours' all patrons shall have exited the wine bar. By the end of the 'Operational Hours' all employees shall be off the premises. • Business Hours (open to the public):12:00 PM - 11:00 PM, Mon - Thr. 12:00 PM - 12:00 AM, Fri. 11:00 AM - 12:00 AM, Sat. 11:00 AM - 8:00 PM, Sun. • Patio Business Hours: 'Business Hours' with an 11:00 PM closing time for Friday and Saturday • Operational Hours: One (1) hour prior to and after the 'Business Hours' f. Live Entertainment: Indoor live entertainment is permitted as part of the Conditional Use Permit approval and is limited to 8:00 PM to 11:00 PM on Fridays and Saturdays and from 2:00 PM to 7:00 PM on Sundays. At no time shall there be advertisement of the live entertainment in the form of posters, flyers, or other physical means other than on the business' website. At no time shall a cover be charged or donations associated with the live entertainment. A Live Entertainment Permit from the Police Department is required prior to the first performance of live entertainment. Outdoor live entertainment is prohibited. Conditions of Approval ~ 234 E. Campbell Ave. Modification to a Conditional Use Permit Page 3 of 5 g. Cover Charge: At no time shall a cover charge be required or a donation necessary in order to patronize the establishment. h. Outdoor Seating: Outdoor seating shall be considered part of the overall seating area subject to all restrictions herein. In addition, the following requirements apply: i. If minors (persons under 21) are permitted in the outdoor seating area as allowed by Condition of Approval No. 5b, full menu food service shall be available at all times during the Business Hours (i.e., there shall be an operational kitchen). ii. All existing and new 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 and Outdoor Furniture Specification Sheets, unless otherwise approved by the Community Development Director. iii. Total patron occupancy in the outdoor seating area shall be limited to 24 seated patrons. iv. 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 out of public view to prevent unauthorized use. All outdoor furniture shall be placed inside at the end of each business day. v. All outdoor furniture shall be kept clean and in good repair and replaced and/or fixed as necessary. vi. 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. i. Smoking: "No Smoking" signs shall be posted on the premises in compliance with CMC 6.11.060. j. Property Maintenance: The owner/operator of the subject property shall have removed daily any debris or litter associated with the subject business in and around the seating area. The owner/operator shall ensure that there is live vegetation in planter pots through adequate watering and maintenance. 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 noise, 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. Conditions of Approval ~ 234 E. Campbell Ave. Modification to a.Conditional Use Permit Page 4 of 5 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. m. Doors and Windows: Doors and windows shall remain closed after 10:00 PM. 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 6:00 AM and 11:00 PM daily. o. Outdoor Trash Receptacle: The applicant shall place at least one trash receptacle in the outdoor patio/seating area. The trash receptacle shall match the proposed outdoor furniture with regards to both color and material. The outdoor trash receptacle shall be consistently emptied throughout the normal business operating hours and not allowed to overflow. p. Liquor License: The applicant shall obtain and maintain in good standing the appropriate (beer and wine) license from the State Department of Alcoholic Beverage Control. The license shall include the Business Hour restrictions consistent with the Modified 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. q. 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. r. Designated Driver Program: The establishment shall maintain and actively promote a designated driver program (e.g., complimentary non-alcoholic beverages for designated drivers). s. Taxicab Service: The establishment shall post in a conspicuous place the telephone numbers of local taxicab services. t. Outdoor Activity: Other than outdoor seating, no outdoor activity (e.g., cooking) is permitted in association with the establishment. u. 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. 6. Revocation of Permit: Operation of the wine bar and restaurant pursuant to the Modified 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 the Modified Conditiona! 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 Modified Conditional Use Permit or any standards, codes, or ordinances of the City of Campbell. Conditions of Approval ~ 234 E. Campbell Ave. Modification to a Conditional Use Permit Page 5 of 5 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.