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PC Res 4263RESOLUTION NO. 4263 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A CONDTIONAL USE PERMIT (PLN2015-261) FOR THE PROJECT LOCATED AT 201 ORCHARD CITY DRIVE. 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 the recommended approval of a Planned Development Permit (PLN2015-261): 1. The project site is located on the northwest corner of Orchard City Drive and S. Central Avenue. 2. The project site is zoned C-3 (Central Commercial Business District) and is designated with a Central Commercial land use designation by the General Plan. 3. The use is located in a 4,611 square foot tenant space (3,185 sq. ft. main level, 1,426 sq. ft. mezzanine) within an existing one-story, 7,190 square foot mezzanine building, shared with another restaurant ("A Bellagio") that is located within the remainder of the building. 4. A use with late night hours requires the approval of a Conditional Use Permit in the C-3 zoning district. 5. A use with live entertainment requires the approval of a Live Entertainment Permit in the C-3 zoning district. 6. The use is an existing establishment, eligible for consideration under Section 6.b of the Downtown Alcohol Beverage Policy, so long as the establishment operates in good standing under the terms of a Conditional Use Permit, and as a responsible business owner in the community. 7. A Conditional Use Permit would allow late night (early morning) operation, alcohol sales, and live entertainment in conjunction with an existing restaurant and bar. 8. The Live Entertainment Permit, approved by the City Council on August 2, 2011 (Resolution No. 11319), for Aaron Crites (business co-owner), authorizes live entertainment: for the business commonly known as "The Spot". 9. 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. 10. 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 Planning Commission Resolution No. 4263 Conditional Use Permit (PLN2015-261) Page 2 of 3 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. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The existing use, subject to the conditions of approval, is compatible with the surrounding development and uses which include commercial and restaurant uses to the north, east, and west, and an office complex to the south (The Water Tower Plaza) with an attached residential building (Park Town Place) to the southwest. 2. The existing use is allowed within the C-3 zoning district with Conditional Use Permit approval, and complies with all other applicable provisions of the Zoning Code and the Campbell Municipal Code. 3. The existing late night operational hours within an existing restaurant/bar are consistent with the Central Commercial General Plan land use designation and the C-3 (Central Business District) Zoning District with approval of a Conditional Use Permit. 4. The existing live entertainment within an existing restaurant/bar is consistent with the Central Commercial General Plan land use designation and the C-3 (Central Business District) Zoning District with approval of a Conditional Use Permit and Live Entertainment Permit. 5. The existing site is adequate in terms of size and shape to accommodate the existing building, parking, and other existing improvements in order to integrate the use with other uses in the surrounding area. 6. The existing site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic the use would be expected to generate. 7. The modifications to the Conditional Use Permit will not increase parking demand greater than the use, as currently conditioned. 8. 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. 9. The establishment, maintenance, or operation of the existing use at the existing location, as currently conditioned, 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. 4263 Conditional Use Permit (PLN2015-261) Page 2 of 3 10. The existing establishment has operated at this location for several years and will not result in an over concentration of similar uses in the surrounding area. 11. The use will not create a nuisance due to litter, noise, traffic, vandalism, or other factors. 12. The use will not significantly increase the demand on city services. 13. The Police (Department has reviewed the modifications and is supportive of the modifications as conditioned. 14. The existing restaurant use is consistent with the guidelines of the Downtown Development Plan in that it supports an entertainment use in the downtown that complements other retail activities in the downtown. 15. No substantial evidence has been presented which shows that the use, as currently presented and subject to the required Conditions of Approval, will have a significant adverse impact on the environment. 16. This project is Categorically Exempt under Section 15301, Class 1 of the California Environmental Quality Act (CEQA) pertaining to the operation and permitting of an existing private structure involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. 17. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval of a Conditional Use Permit (PLN2015-261) for the Project located at 201 Orchard City Drive, subject to the attached Conditions of Approval (attached Exhibit "A"). PASSED AND ADOPTED this 10th day of November, 2015, by the following roll call vote: AYES: Commissioners: Bonhagen, Dodd, Finch, Kendall, Reynolds, Rich, and NOES: Commissioners: Young ABSENT: Commissioners None ABSTAIN: Commissioners: None APPROVED: . ~ Pamela Finc hair ATTEST: Paul Ke moyan, Secretary EXHIBIT A RECOMMENDED CONDITIONS OF APPROVAL Conditional Use Permit (PLN2015-261) Where approval k>y 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 tree City of Campbell and the State of California that pertain to this development and are not herein specified. COMMUNITY DEVELOPMENT DEPARTMENT Planning Division Approved ProL~ct: Approval is granted for a Conditional Use Permit (PLN2015-261) to allow alcohol sales, late-night hours, outdoor seating, and live entertainment in conjunction with an existing restaurant/bar at 201 Orchard City Drive, in the C-3 Zoning District. Use of the building shall substantially conform to the project plans prepared by Richard Fish, A.I.A. Architect and received by the Planning Division on March 3, 2003, including a site plan, floor plans, occupancy, and seating layout, except as may be modified by the Conditions of Approval contained herein. Approval for the Live Entertainment Permit is subject to Resolution No 11319, or as amended by the City Council for Aaron Crites, co-owner of "The Spot" business. 2. Approval Expiration: Approval for the restaurant with alcohol sales, late night operation, and outdoor seating shall be valid in perpetuity on the property, subject to continued operation of the use in conformance with the conditions of approval, herein. Abandonment, discontinuation, or ceasing of operations for a continuous period of twelve months shall void the Conditional Use Permit approved herein. Approval for the Live Entertainment Permit is subject to Resolution No 11319, or as amended by the City Council for Aaron Crites, co-owner of "The Spot" business. 3. Live Entertainment Permit: Within seven (7) days of this Conditional Use Permit approval, the applicant shall file an application for a Live Entertainment Permit with the Police Department, to be reviewed by the City Council at a noticed public hearing, consistent with section 5.24.010 of the Campbell Municipal Code to clarify hours and standards for outdoor live entertainment. Until the City Councia approves the Live Entertainment Permit, no live entertainment will be permitted in the outdoor patio area. 4. Revocation/Review of Live Entertainment Permit: In the event a public nuisance is created or there are significant calls for service the Police Department shall have the authority to prohibit live entertainment from continuing. 5. Revocation/Review of Conditional Use Permit: Operation of the use in violation of the Conditional Use Permit or any standards, Codes or Ordinances of the City of Campbell shall be grounds for consideration of revocation or modification of the Conditional Use Permit by the Planning Commission. Recommended Conditions of Approval Conditional Use Permit (PLN2015-261) Page 2 of 4 6. Complaints: Upon receipt of two (2) verified complaints within 24 months, the Community Development Director and/or the Chief of Police may impose additional conditions or modify conditions imm~,ediately to protect the public welfare until the Planning Commission public hearing can be }-geld. 7. Hours of Operation: The hours of operation shall be limited as follows: Normal Business Hours (Indoors and Outdoors) Weekday Normal Business Hours (Indoors and Outdoors) Monday to Wednesday 7:00 a.m. to 01:00 a.m. Thursday to Saturday 7:00 a.m. to 02:00 a.m. Sunday 7:00 a.m. to 12:00 a.m. Live Entertainment Hours Days of the Week Indoor Hours (indoors) Live Entertainment (outdoor patio) Monday and Tuesday Not permitted Not permitted Wednesday 7:00 p.m. to 11:00 p.m. Not permitted Thursday to Saturday 9:00 p.m. to 01:00 a.m. Not permitted Sunday 11:00 a.m. to 8:00 p.m. 9:OOa.m. to 5:00 p.m. Acoustic only In the event that complaints are received regarding noise, litter, vandalism, traffic, or other factors associated with a late night operation, the Community Development Director (CDD) may limit the operational hours of the proposed use to an 11:00 p.m. closing time. This action may be appealed to the Planning Commission but the reduced hours shall be effective immediately upon notification by the CDD. The applicant shall sign an agreement acknowledging this restriction on operational hours. 8. Live Entertainment (outdoors): The type of live entertainment permitted within the outdoor patio area would be "acoustical" only with a maximum of four (4) performers, and would be limited to Sunday Brunch only between the hours of 9:00 a.m. and 5:00 p.m. For the purpose of this condition, acoustical means string instruments (no horns or percussion), whose sound is not electronically or electrically amplified, enhanced, or modified. 9. Live Entertainment (indoors: Live Entertainment inside the building is subject to the following conditions and the Live Entertainment Permit approved on August 11, 2015 (Resolution No 11319), or as amended by the City Council: a. The hours of operation for indoor live entertainment shall be Wednesday 7:00 p.m. to 11:00 p.m., Thursday through Saturday 9:00 p.m. to 1:00 am, and Sunday 11:OOam to 8:00 p.m. b. The type of indoor live entertainment offered at the establishment shall be limited to a 4- person bandl two nights a week, DJ Music 3 nights a week, and Karaoke one night a week. Recommended Conditions of Approval Conditional Use Permit (PLN2015-261) Page 3 of 4 c. The owner/operator of the subject property shall provide one bonded, certified, and uniformed security guard for every 50 patrons in conjunction with the live entertainment events. d. All bartenders, door and security staff shall obtain ABC LEADS training within 30 days of hire. e. In the event a public nuisance is created or there are significant calls for service the Police Department: would have the authority to prohibit live entertainment from continuing. 10. Trash Enclosur~° Area: Applicant shall maintain a screened trash enclosure area west of the outdoor seating area. At a minimum the trash enclosure area shall accommodate the trash and recycling needs of the two restaurants on the property and shall have a concrete floor with sight obscuring walls of 6 feet. 1 1. Noise: a. Noise Standard: Any unreasonable 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 live entertainment shall not be audible more than 50 feet from the businesses tenant space, and, in no case shall any noise from the live entertainment disrupt neighboring businesses. b. Noise Mana peg meet: In the event complaints are received by the City regarding noise, the Community Development Director, upon confirmation that unreasonable noises are generated by the live entertainment, may immediately modify the hours of operation and/or prohibit the live entertainment, subject to the project being brought back to the Planning Commission and/or City Council for review. 12. Smoking: ``No Smoking" signs shall be posted on the premises in compliance with CMC Section 6.1 1.060. 13. Alcohol Sales: Alcohol beverage service in the restaurant shall be ancillary and subordinate to the primary purpose of serving food. 14. Liquor License: The applicant shall restrict the sale and consumption of alcohol beverages to the interior of the building and the designated patio area. The applicant shall maintain a Type 47, Alcohol Beverage Control liquor license. 15. Food Preparation: To comply with the provisos of the Type 47 Alcoholic Beverage Control (ABC) Liquor License, the applicant shall maintain a bona fide restaurant with regular posted food service hours, consistent with terms of the license. 16. ueuin :Outdoor queuing to enter the restaurant shall be limited to ten persons. The restaurant management shall minimize event queuing by providing adequate ticketing personnel and earlier opening times if events warrant such actions. Recommended Conditions of Approval Conditional Use Permit (PLN2015-261) Page 4 of 4 17. Property Maintenance: Maintain all exterior areas of the business free from graffiti, trash, rubbish, posters and stickers placed on the property and on public property within 50 feet of the subject property. 18. Signing and Advertising: All signs advertising events shall be installed and maintained consistent with the provision of the Sign Ordinance, C.M.C. Chapter 21.30 and Section 21.10.060(K). Posting of flyers and posters on public property is prohibited. The business owner shall be considered responsible for these postings, if they occur, and shall cause their immediate removal. Failure to comp y may result in Revocation of the Conditional Use Permit. 19. Property Maintenance: The exterior of the area around the building, including the parking area and the sidewalk, shall be cleaned nightly to remove debris litter and graffiti. This shall be completed during the approved business hours. Police Department 20. Security and Staffing: The applicant shall provide staffing and security personnel for each event with a minimurn of one security personnel and additional personnel at a rate of one security person for each fifty patrons. Security personnel shall be approved by the Police Department and shall be bonded with a one million dollar insurance policy. Security personnel shall be uniformed and trained and licensed consistent with the California Department of Consumers Affairs Standards. 21. Re-entry: Business management shall establish and maintain a policy and system to restrict re- entry of patrons once events have begun. The policy and system shall be approved by the Police Department in conjunction with the Live Entertainment Permit. Cost Reimbursement 22. Cost Reimbursement: The business owner shall reimburse the City in the amount of $2,500 for the costs associated with the CUP Modification proceedings (inspections, meetings, staff report preparation, administrative costs), within 30 days from the date of approval.