Loading...
PC Res 4246RESOLUTION NO. 4246 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A MODIFICATION (PLN2015-247) TO A PREVIOUSLY-APPROVED CONDITIONAL USE PERMIT (PLN2014-35) TO CONVERT AN EXISTING RESTAURANTM/INE BAR WITH BEER AND WINE SERVICE TO A RESTAURANT WITH GENERAL ALCOHOL SERVICE AND AN EXTENSION TO THE PUBLIC CLOSING TIME ON PROPERTY LOCATED AT 394 E. CAMPBELL AVENUE. FILE NO.: PLN2015-247 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 PLN2015-247: 1. The project site is zoned C-3 (Central Business District) and designated Central Commercial by the General Plan Land Use Element. 2. The existing wine bar and restaurant occupies a 2,911 square-foot existing tenant space. 3. The project site is located along East Campbell Avenue between North Central Avenue and the railroad tracks. 4. At its meeting of March 25, 2014, the Planning Commission adopted Resolution No. 4146 approving a Conditional Use Permit (PLN2014-35) for arestaurant/wine bar with beer and wine service and live entertainment, with a public closing time of 11:00 PM. 5. The requested Modification (PLN2015-247) to the previously appro~~ed Conditional Use Permit (PLN2014-35) would allow conversion of the restaurant/wine bar to a restaurant with general alcohol service and change to the approved business hours (no change to the live entertainment). 6. The approval of a Modified 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. 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. Planning Commission Resolution No. 4246 PLN2015-247 - 394 E. Campbell Avenue -Modification to Conditional Use Permit (PLN2014-35) Page 2 of 3 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.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: 1. 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; 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 Planning Commission Resolution No. 4246 PLN2015-247 - 394 E. Campbell Avenue -Modification to Conditional Use Permit (PLN2014-35) Page 3 of 3 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 (PLN2015-247) to apreviously-approved Conditional Use Permit (PLN2014-35) to convert an existing restaurant/wine bar with beer and wine service to a restaurant with general alcohol service and to extend the public closing time on property located at 394 E. Campbell Avenue, subject to the attached Conditions of Approval (attached Exhibit "A"). PASSED AND ADOPTED this 22"d day of September, 2015, by the following roll call vote: AYES: Commissioners: Bonhagen, Kendall, Reynolds, and Young NOES: Commissioners: Dodd and Rich ABSENT: Commissioners Finch ABSTAIN: Commissioners: None ,~ APPROVED: Cynt i Dodd, Acting Chair ATTEST: oyan, Secretary EXHIBIT A CONDITIONS OF APPROVAL Conditional Use Permit Modification (PLN2015-247) 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 a Modification (PLN2015-247) to a previously-approved Conditional Use Permit (PLN2014-35) to convert an existing restaurant/wine bar with beer and wine service to a restaurant with general alcohol service and to extend the public closing time on property located at 394 E. Campbell Avenue. The project shall substantially conform to the previously approved Project Plans, stamped as received by the Planning Division on February 24, 2014, 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 (expiring October 2, 2016). 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. If this approval expires, the use shall revert back to a restaurant/wine bar pursuant to the original Conditional Use Permit (PLN2014-35) as approved by Planning Commission Resolution No. 4146. Once established, approval for a restaurant with general alcohol service shall be valid in perpetuity on the property in 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. 146 (PLN2014-35) shall be void and shall permanently be superseded in their entirety by the Conditions of Approval specified herein, except as noted by Condition No. 2. 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. One Year Review: The Planning Commission shall hold a public hearing in one year to evaluate the extension of the restaurant's business hours (extended to allow an 11:30 PM closing time). The Community Development Director shall report on the operator's Exhibit A -Conditions of Approval ~ 394 E. Campbell Avenue PLN2015-247 -Modification to Previous Conditional Use Permit (PLN2014-35) Page 2 compliance with the conditions of approval contained herein, any known violations of local ordinances or State laws, and the Police Department's calls-for-service history for the establishment. At such time, as based on the Community Development Director's report, public testimony, and any additional evidence presented, the Planning Commission may resend, extend, or maintain the restaurant's approved business hours. 6. 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: Restaurant patron capacity shall be limited to 101 seated persons (patrons shall not be served while standing), excluding those waiting for service, 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: The bar area shall be composed of twelve (12) bar seats as shown on the approved project plans. No part of the dining area shall be considered part of the bar area. The upper mezzanine area shall be considered a dining area and not bar or "lounge" seating. c. Floor Plan: All chairs and tables within the dining areas 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' (11:30 PM) all patrons shall have exited the restaurant, however, patrons shall not be permitted to enter after 11:00 PM. By the end of the 'Operational Hours' (12:00 AM) all employees shall be off the premises. • Business Hours 11:00 AM - 11:30 PM, daily • Operational Hours 9:00 AM - 12:00 AM, daily e. Food Service: Full menu food service shall be provided at all times during the Business Hours (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. Exhibit A -Conditions of Approval ~ 394 E. Campbell Avenue PLN2015-247 -Modification to Previous Conditional Use Permit (PLN2014-35) Page 3 g. Bar Area Meal Service: Meal service shall be available in the bar area at all times. h. 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. 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. j. Live Entertainment: Live entertainment, limited to four musicians, 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. k. Cover Charge: At no time shall a cover charge be required or a 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: 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 modify the business hours/hours of operation, subject to the project being brought back to the Planning Commission for review. n. Smoking: A "No Smoking" sign shall be posted on the premises in compliance with CMC 6.11.060. o. Doors and Windows: Doors and windows shall remain closed after 10:00 PM and during live entertainment performances. p. Trash 8~ 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 during the "Operational Hours". A refuse and recycling enclosure shall be constructed consistent with the approved Revised Project Plans, in compliance with CMC Sec. 21.18.110, which shall also include 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. 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 Exhibit A -Conditions of Approval ~ 394 E. Campbell Avenue PLN2015-247 -Modification to Previous Conditional Use Permit (PLN2014-35) Page 4 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 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: Other than outdoor seating as permitted by an Outdoor Seating Permit, 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. 7. Revocation of Permit: Operation of the restaurant 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 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: Exhibit A -Conditions of Approval ~ 394 E. Campbell Avenue PLN2015-247 -Modification to Previous Conditional Use Permit (PLN2014-35) Page 5 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.