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
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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.
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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
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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
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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.
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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.