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PC Res 4220RESOLUTION NO. 4220 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A CITY-INITIATED MODIFICATION (PLN2015-195) TO A PREVIOUSLY APPROVED CONDITIONAL USE PERMIT (PLN2014-57) TO ESTABLISH NEW CONDITIONS OF APPROVAL FOR AN EXISTING RESTAURANT WITH BEER AND WINE SALES, LATE NIGHT (EARLY MORNING) OPERATION, AND LIVE ENTERTAINMENT ON PROPERTY LOCATED AT 368 E. CAMPBELL AVENUE. FILE NO: PLN2015-195 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 PLN2015-195: 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. On June 17, 2014, a Conditional Use Permit (PLN2014-57) was approved by the City Council, establishing a restaurant use, The Socialight, to occupy the site with beer and wine sales, late night activities (an early morning 5:00 a.m. operational hour opening), and live entertainment in the building, as a result of an appeal filed by the applicant and restaurant owner, Steve Bonner. 5. The approval of a Conditional Use Permit incorporated 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. Planning Commission Resolution No. 4220 368 E. Campbell Avenue -Recommending Approval of aCity-Initiated Modification Paae 2 of 4 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 ofalcohol-serving (liquor) establishments. 11. On May 17, 2015, during the Boogie on the Avenue festival in Downtown Campbell, Community Development Director Paul Kermoyan spoke to Business Owner, Mr. Bonner at 4:30 p.m. to advise him that the seating and table sizes did not comply with the approved Outdoor Seating Permit, at which time Mr. Bonner was asked to comply with the approved seating plan. At 6:05 p.m., Director Kermoyan again noted that Mr. Bonner had not revised the seating, and customers in excess of the permit were continuing to use the outdoor seating area. 12. On May 21, 2015, the City served the owner of the Socialight Restaurant, Steve Bonner, with an Administrative Citation with a $100.00 fine for violation of the Outdoor Seating Permit based upon Campbell Municipal Code (CMC) Section 21.36.150 in which the number of seats and the size of tables still exceeded the approved Outdoor Seating Permit per PLN2015-100. The citation noted that seating of no more than two guests per outdoor table was permitted; however, placement of four round tables with more than two chairs each were placed and utilized by restaurant patrons outside. Other violations noted included: • Stacking of chairs outside the premises • Failure to incorporate four large planter pots to serve as "book ends" to the outdoor seating area • Failure to remove two electrical boxes mounted to the side of the primary entry door • Failure to obtain building permits for the outdoor heaters • Failure to install "No Smoking" signs • Use of unpermitted "A"-Frame signs blocking the path of travel along the sidewalk. 13. On May 21, 2015, the Police Department indicated that The Socialight restaurant was open past the 10 p.m. public closing time, and at 10:12 p.m., there were 8 to 10 people customers sitting at the bar area. 14. On May 26, 2015, it was again noted that the property remained in violation of the Outdoor Seating Permit in conjunction with the original Conditional Use Permit requirements. As a result, on May 28, 2015, Mr. Bonner was again sent a violation letter and a citation of $500.00 was issued. 15. On June 11, 2015, a subsequent code violation letter was sent to Mr. Bonner citing the previous violations in the previous letters, and new violations pertaining to the excess of indoor bar seating than the approved floor plan, and outdoor storage and debris at the rear of the property. 16. In accordance with City Council Resolution No. 11694 approved by the City Council on June 17, 2014, specifically related to Condition No. 4 (Revocation of Permit), and at the discretion of the Community Development Director, a public hearing before the Planning Commission Resolution No. 4220 368 E. Campbell Avenue -Recommending Approval of aCity-Initiated Modification Page 3 of 4 Planning Cammission may be scheduled to consider modifying the conditions of approval or revoking the Conditional Use Permit if the establishment generates (3) verifiable complaints related to violations of the conditions of approval within a six month period. 17. At least seven (7) verifiable complaints/violations have been noted since May 17, 2015 regarding various operational, floor plan and building permit violations in relation to the conditions of approval for the Conditional Use Permit (PLN2014-57). Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 18. Circumstances under which the permit was granted have been changed by the applicant to a degree that one or more of the findings contained in the original permit can no longer be made in a positive manner, and the public convenience, health, interest, safety, or welfare require the revocation; 19. The permit was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application, or in the applicant's testimony presented during the public hearing, for the permit; 20. One or more of the conditions of the permit have not been substantially fulfilled or have been violated; 21. As modified and conditioned, the existing 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; 22. As modified and conditioned, the existing use will be consistent with the General Plan; 23. As modified and conditioned, the project site will 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; 24. As modified and conditioned, the project will be adequately served by streets of sufficient capacity to carry the kind and quantity of traffic the use would be expected to generate; 25. As modified and conditioned, the design, location, size, and operating characteristics of the existing use are compatible with the existing and future land uses on-site and in the vicinity of the subject property. 26. As modified and conditioned, the establishment, maintenance, or operation of the existing 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. Planning Commission Resolution No. 4220 368 E. Campbell Avenue -Recommending Approval of aCity-Initiated Modification Page 4 of 4 27. As modified and conditioned, the establishment is consistent with the Campbell Downtown Alcohol Policy. 28. As modified and conditioned, the establishment will not result in an over- concentration of these uses in the surrounding area; 29. As modified and conditioned, the establishment will not create a nuisance due to litter, noise, traffic, vandalism, or other factors; 30. As modified and conditioned, the establishment will not significantly disturb the peace and enjoyment of the nearby residential neighborhood; 31. As modified and conditioned, the establishment will not significantly increase the demand on city services; THEREFORE, BE IT RESOLVED that the Planning Commission recommends that the City Council approve aCity-Initiated Modification (PLN2015-195) to a previously approved Conditional Use Permit (PLN2014-57) to establish new conditions of approval for an existing restaurant with beer and wine sales, late night (early morning) operation, and live entertainment, on property located at 368 E. Campbell Avenue, subject to the attached Conditions of Approval (attached Exhibit "A"). PASSED AND ADOPTED this 9th day of June, 2015, by the following roll call vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners ABSTAIN: Commissioners: .~-o ~ Finch, Kendall, Bonhagen, Dodd, and Rich Reynolds and Young None None APPROVED: Pamela Finch, ha~ ATTEST: Paul Ker oyan, Secretary EXHIBIT A RECOMMENDED MODIFIED CONDITIONS OF APPROVAL Modification to a previously approved Conditional Use Permit 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: 1. Approved Project: Approval is granted for aCity-Initiated Modification (PLN2015-195) to a previously approved Conditional Use Permit (PLN2014-57) to establish new conditions of approval for an existing restaurant with beer and wine sales, late night (early morning) 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. Previous Conditions of Approval: The previously approved conditions of approval provided in City Council Resolution No. 11694 (PLN2014-57) shall be void and shall permanently be superseded in their entirety by the conditions of approval specified herein. 3. Reimbursement of Costs: The business owner shall remit to the City $2,500 as reimbursement of City resources related to past Code Enforcement action and the city- initiated Modification. Payment shall be made immediately upon City Council action approving the Modification. 4. 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. 5. 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 Recommended Modified Conditions of Approval ~ 368 E. Campbell Ave. City-Initiated Modification to a Conditional Use Permit - PLN2015-49 Page 2 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 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. Recommended Modified Conditions of Approval ~ 368 E. Campbell Ave. City-Initiated Modification to a Conditional Use Permit - PLN2015-49 Paae 3 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. 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. Recommended Modified Conditions of Approval ~ 368 E. Campbell Ave. City-Initiated Modification to a Conditional Use Permit - PLN2015-49 Page 4 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. 6. 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 City Council 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 twelve (12) month period, a public hearing before the City Council, upon recommendation of the Planning Commission, may be scheduled to consider modifying conditions of approval or revoking the 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: 7. 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. 8. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 9. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. Recommended Modified Conditions of Approval ~ 368 E. Campbell Ave. City-Initiated Modification to a Conditional Use Permit - PLN2015-49 Page 5 10. 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. 11. 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. 12. 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. 13. 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. 14. 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. 15. Title 24 Accessibility -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. 16. Title 24 Accessibility -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. 17.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) 18. 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. Recommended Modified Conditions of Approval ~ 368 E. Campbell Ave. City-Initiated Modification to a Conditional Use Permit - PLN2015-49 Paae 6 PUBLIC WORKS 19. 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).