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CC Resolution 11866RESOLUTION NO. 11866 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL MODIFYING A CONDITIONAL USE PERMIT (PLN2014-57) ESTABLISHING NEW CONDITIONS TO RESOLVE CODE ENFORCEMENT VIOLATIONS THAT INCLUDE A NEW "REVOCATION OF PERMIT" PERIOD OF TWO (2) VERIFIABLE COMPLAINTS WITHIN TWENTY-FOUR (24) MONTHS PRIOR TO TRIGGERING THE NEED TO CONSIDER PERMIT REVOCATION, REQUIRING THE OWNER TO PAY FOR ALL ADMINISTRATIVE FINES FOR FUTURE VIOLATIONS, VOIDING THE CONDITIONAL USE PERMIT IF THE USE IS ABANDONED FOR SIX (6) MONTHS, LIMITING BAR AREA TO NO MORE THAN NINE (9) PERSONS, AND REQUIRING THE FLOOR PLAN TO BE CONSISTENT WITH THE ORIGINAL APPROVAL 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 as modified from the original approval: 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 approved Conditional Use Permit currently allows late night (early morning) operation, beer and wine sales, and live entertainment in conjunction with a new restaurant and bar. 5. The approved 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. 11. Establishment, maintenance and operation of outdoor seating for the restaurant needs to be maintained consistent with an approved Outdoor Seating Permit to avoid impacts to the comfort, health, morals, peace, safety, or general welfare of persons residing, walking 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. 12.On July 15, 2014, the City conducted a general meeting with Downtown Campbell restaurant and bar owners as part of an educational code enforcement program for the purpose to address repetitive complaints about various businesses not complying with their conditions of approval. 13. Staff met with Mr. Bonner on August 22, 2014 to review his specific conditions of approval and respond to any questions or need for clarification of the conditions. 14.Condition #4 the Conditional Use Permit (PLN2014-57) requires the Community Development Director to begin the revocation proceedings upon three (3) verifiable complaints or violations of the Permit within a six (6) month period. 15.On May 9, 2015, the Campbell Police Department documented that 6 to 8 guests were located within the business after 11:00 p.m. when the business, including employees, should be out of the building. 16.On May 17, 2015, the Community Development Director documented that the outside seating and tables greatly exceeded the quantity and type approved as part of the Outside Seating Permit. 17.On May 21, 2015, the Campbell Police Department documented that 8 to 10 guests were in the business after 10:00 p.m. when the business is required to be closed to the public at 10:00 p.m. 18.The Community Development Department staff identified that there were eighteen (18) bar stools at the bar where only nine (g) were permitted. 19.The Planning Commission conducted CUP revocation proceedings on June 23, 2015 and accepted public testimony. 20. The Planning Commission reviewed various options to amend the conditions of approval and impose penalties in an attempt to resolve the CUP violations. 21.The re-inspection and enforcement costs involved in these revocation/modification proceedings exceed $2,500. 22.The Planning Commission recommended that a $2,500 fine be imposed to recoup administrative costs associated with resolving the violations and modified Condition #4 requiring a CUP revocation proceedings threshold of three (3) verifiable complaints within a 12-month period. 23.The City Council conducted a public hearing on July 21, 2015 and considered all of the evidence, including public testimony prior to making a decision. Based upon the foregoing findings of fact, the City Council further finds and concludes that: 24. The proposed modifications to the Conditional Use Permit will not result in a direct or reasonably foreseeable indirect physical change to the environment. 25. More than one of the conditions of the permit has not been substantially fulfilled or has been violated. 26.The manner of operation has constituted or has created a nuisance, in that the violations of the conditions or the conditional use permit and the outdoor seating approval are declared to be a nuisance pursuant to Campbell Municipal Code sections 21.03.020.D and 6.10.020 (a)(6)(S). THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell hereby modifies the conditions of the original Conditional Use Permit (PLN2014-57) to read as set forth in the attached Conditions of Approval (attached Exhibit "A"). PASSED AND ADOPTED this 2155 day of July, 2015, by the following roll call vote: AYES: COUNCILMEMBERS: Resnikoff, Kotowski, Cristina NOES' COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Baker ABSTAIN: COUNCILMEMBERS: Gibbons ~__._ / APPROVED: '" I ~ Jeffrey . Cristi a, Mayor ATTEST: _f/ Wendy od, Acting City Clerk Exhibit A C[TY COUNCIL CONDITIONS OF APPROVAL FOR FILE NO. PLN2014-57 (Modified from original Approval) SITE ADDRESS: 368 E. Campbell Avenue APPLICANT: The Socialight (Steve Bonner) OWNER: Cheryl Schrader P.C. MEETING: June 23, 2015 C.C. MEETING: July 21, 2015 The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the ordinances of the City of Campbell and the State of California. Where approval by the Community Development Director, 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 to modify a previously issued Conditional Use Permit (PLN2014-57) as part of permit revocation proceedings to allow a restaurant with beer and wine sales, late night operation, and live entertainment on property located at 368 E. Campbell Avenue to continue operations subject to modified conditions of approval. The project shall, substantially conform to the project plans and revised project description stamped as received by the Planning Division on February 2Q 2014 and April 14, 2014, respectively, except as may be modified by the conditions of approval contained herein. 2. Payment of Administrative Costs: If future violations occur, the business owner will be responsible to pay for all administrative fines as deemed necessary by the Community Development Director. 3. 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 tie 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 six (61 months shall void the Conditional Use Permit approved herein. Staff Report -City Council Meeting of July 21, 2015 Page 2 of 6 PLN2014-57 - 368 E. Campbell Avenue (Socialight) Revocation 4. 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. Only nine (9) persons are allowed at the bar regardless if they are seated or standine. 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. The City Council's revised condition, per the Julv 21, 2015 revocation proceedines require staff to inspect the as-built floor plan in comparison to what the City approved. Any deviations will need to be returned to the original City approved floor plan. Every item found in non-compliance with the approved plan will need to be corrected within 30 days of such notice. 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 Pemrit in compliance with CMC 5.24. On-site security shall be provided as required by the Staff Report -City Council Meeting of July 21, 2015 Page 3 of 6 PLN2014-57 - 368 E. Campbell Avenue (Socialight) Revocation Police Department. The door shall remain closed at all times when live entertainment is occumng, 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 maybe 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. L Smoking: "No Smoking" signs shall be posted on the premises in compliance with CMC 6. T 1.060. 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 cohnection. 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. Staff Report -City Council Meeting of July 21, 2015 ~ Page 4 of 6 PLN2014-57 - 368 E. Campbell Avenue (Socialight) Revocation 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. 5. 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 two (21 verifiable complaints related to violations of conditions of anuroval and/or related to the service of alcohol within a twenty-four (24) month period, a public hearing before the City Council (upon recommendation by the Planning Commission) may be scheduled to consider modifying conditions of approval or revoking the Conditional Use Permit. The 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 or applicable laws. Staff Report -City Council Meeting of July 21, 2015 Page 5 of 6 PLN2014-57 - 368 E. Campbell Avenue (Socialight) Revocation Building Division: ~6. 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. 7. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 8. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 9. 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. 10. 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. 11. Title 24 Energ~pliance: Califomia 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.. 12. 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. ~ 13. 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. 14. 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. 15. 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. 16. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: Staff Report -City Council Meeting of July 21, 2015 Page 6 of 6 PLN2014-57 - 368 E. Campbell Avenue (Socialight) Revocation 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) 17. 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 18. 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).