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PC Res 4307RESOLUTION NO. 4307 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING THAT THE CITY COUNCIL APPROVE A MODIFICATION (PLN2016-105) TO A PREVIOUSLY-APPROVED CONDITIONAL USE PERMIT (PLN2014-57/PLN2015-195) FOR AN EXISTING RESTAURANT TO MODIFY THE APPROVED ALCOHOL SERVICE FROM BEER & WINE TO "GENERAL" (DISTILLED SPIRITS), EXTEND THE BUSINESS CLOSING TIME FROM 10:00 PM TO 11:30 PM ("LATE- NIGHT ACTIVITY"), AND ALLOW AMPLIFIED LIVE ENTERTAINMENT, ON PROPERTY LOCATED AT 368 E. CAMPBELL AVENUE. FILE NO.: PLN2016-105 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 PLN2016-105: 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. On June 17, 2014, a Conditional Use Permit (PLN2014-57) was approved by the City Council, establishing a restaurant use, The Socialight, to occupy the site with beer and wine sales, late night activities (an early morning 5:00 a.m. operational hour opening), and live entertainment in the building. 5. On July 21, 2015, the City Council modified (PLN2015-195) the previously approved Conditional Use Permit to establish new conditions to resolve outstanding code enforcement violations. 6. As recommended by the Planning Commission, the requested Modification (PLN2016-105) to the previously approved Conditional Use Permit (PLN2014-57 / PLN2015-195) would modify the approved alcohol service from beer & wine to "general" (distilled spirits), extend the business closing time from 10:00 PM to 12:00 AM ("late-night activity"), and permit amplified live entertainment, allow occasional outdoor seating and service in the rear parking lot for special events. 7. The approval of a Modified Conditional Use Permit incorporates applicable operational standards of the Downtown Alcohol Beverage Policy. 8. Alcohol beverage service in the restaurant shall be ancillary and subordinate to the primary purpose of serving food. 9. Policies found within the Campbell General Plan and Downtown Campbell Development Plan articulate a desire to promote and enhance a downtown Planning Commission Resolution No. 4307 Recommending Approval of a Modification to a Conditional Use Permit (PLN2016-105) Paae 2 of 4 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. 10. The City Council adopted the 'Downtown Alcohol Beverage Policy', as an implementation tool of the Campbell General Plan and Downtown Development Plan. 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. 11. 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. 12. 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. To satisfy such findings, a public closing time of 11:30 PM subject to the last patron entry 11:00 PM is necessary. 13. The over-concentration 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. 14. Use of the rear parking area for occasional seating creates parking, security, and exiting issues, which preclude this activity. 15. The approval of a Conditional Use Permit Modification incorporates applicable operational standards of the Downtown Alcohol Beverage Policy. 16.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; Planning Commission Resolution No. 4307 Recommending Approval of a Modification to a Conditional Use Permit (PLN2016-105) Page 3 of 4 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 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 recommends that the City Council approve a Modification (PLN2016-105) to a previously approved Conditional Use Permit (PLN2014-57/PLN2015-195) for property located at 368 E. Campbell Avenue, subject to the attached Conditions of Approval (attached Exhibit "A"). Planning Commission Resolution No. 4307 Recommending Approval of a Modification to a Conditional Use Permit (PLN2016-105) Paae 4 of 4 PASSED AND ADOPTED this 28th day of June, 2016, by the following roll call vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Dodd, Finch, Kendall, Rich and Young Bonhagen, Reynolds None None APPROVED: ATTEST: ``~- Paul Kerm an, Secretary EXHIBIT A RECOMMENDED CONDITIONS OF APPROVAL Conditional Use Permit Modification (PLN2016-105) 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. 1. Approved Project: Approval is granted for a Modification (PLN2016-105) to a previously approved Conditional Use Permit (PLN2014-57/PLN2015-195) to extend the business closing time from 10:00 PM to 11:30 PM ("late-night activity"), modify the approved alcohol service from beer & wine to "general" (distilled spirits), and allow amplified live entertainment, in association with an existing restaurant with beer and wine service, located at 368 E. Campbell Avenue. The project shall substantially conform to the Revised Project Plans and Project Description stamped as received by the Planning Division on April 21, 2016 and March 22, 2016, respectively, except as may be modified by the conditions of approval contained herein. 2. Approval Expiration: This Approval shall be valid for one year, expiring July 19, 2017. 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, operation of the use shall revert back to the previous Conditional Use Permit (PLN2014-57/PLN2015-195) as approved by City Council Resolution No. 11866. Once established, approval for a restaurant and bar with general alcohol service 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 twelve months shall void the Conditional Use Permit approved herein. 3. Previous Conditions of Approval: The previously approved Conditions of Approval provided in City Council Resolution No. 11866 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. 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, composed of 40 dining room seats and 9 bar 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. b. Maximum Occupancy Sign: The business owner shall install a new maximum occupancy sign of a size to be determined by the Community Development Exhibit A -Conditions of Approval ~ 368 E. Campbell Ave. Page 2 Director, conspicuously posted within the premises, which shall include the maximum occupancy noted herein and include a visual depiction on the final floor plan configuration. c. Bar Area Seating: The bar area shall be composed of no more than nine (9) bar seats as shown on the approved project plans. No part of the dining area shall be considered part of the bar area. d. 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. e. 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 6:00 AM - 11:30 PM, daily • Operational Hours 5:00 AM - 12:00 AM, daily f. 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). g. Live Entertainment: Live entertainment, limited to two (2) 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. Amplification shall be limited to the establishment's built-in speaker system. On-site security shall be provided as required by the Police Department. The door shall remain closed at all times when live entertainment is occurring, except for the entering and existing of patrons and staff. h. Dancing Prohibited: At no time shall the business owner allow any form of dancing. i. Doors and Windows: Doors and windows shall remain closed after 10:00 PM and during live entertainment performances. j. Cover Charge: At no time shall a cover charge be required or a donation necessary in order to patronize the establishment. k. 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. I. Bar Area Meal Service: Meal service shall be available in the bar area at all times. Exhibit A -Conditions of Approval ~ 368 E. Campbell Ave. Page 3 m. 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. n. Loitering: There shall be no loitering allowed outside the business and within the outside dining area that may be approved pursuant to an Outdoor Seating Permit. The business owner is responsible for monitoring the premises to prevent loitering. o. Noise: Unreasonable noise-defined as noise, regardless of decibel level, which obstructs the free use of neighboring properties so as to unreasonably interfere with the comfortable enjoyment of the neighboring residents-shall not be generated by the live entertainment. In the event verified complaints are received by the City regarding such unreasonable noise, the Community Development Director may immediately modify the business hours and/or impose additional restrictions on the live entertainment, including but not limited to, reducing the number of performers, and prohibiting amplified entertainment, subject to the project being brought back to the Planning Commission for review. p. Smoking: "No Smoking" signs shall be posted on the premises in compliance with CMC 6.11.060. q. 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 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. r. Liquor License: The business owner shall maintain in good standing a Type 47 license (On-Sale General for Bona Fide Public Eating Place) 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 herein. A copy of the issued license shall be provided to the Community Development Department prior to issuance of a Business License. s. 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. t. 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. u. Designated Driver Program: The establishment shall maintain and actively promote a designated driver program (e.g., complimentary non-alcoholic Exhibit A -Conditions of Approval ~ 368 E. Campbell Ave. Page 4 beverages for designated drivers), including posting in a conspicuous place contact information for local designated driver services. v. Taxicab Service: The establishment shall post in a conspicuous place the telephone numbers of local taxicab services. w. Outdoor Activity: Other than outdoor seating as permitted by an Outdoor Seating Permit, no outdoor activity, including cooking, and "special event" activities, 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 City Council 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 (2) verifiable complaints related to violations of conditions of approval and/or related to the service of alcohol within atwenty-four (24) month period, a public hearing before the City Council, upon recommendation of the Planning Commission, may be scheduled to consider modifying conditions of approval or revoking the Conditional Use Permit. The Community Development Director may commence proceedings for the revocation or modification of use permits upon the occurrence of less than two (2) 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: 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.