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.