CC Resolution 12023.RESOLUTION NO. 12023
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING 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
(BUILT-IN) 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 City Council finds as follows with regard to file number PLN2016-105:
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 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
City Council Resolution Page 2 of 4
Approval of a Modification to a Conditional Use Permit
368 E. Campbell Ave. - PLN2016-105
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 City 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 City Council further finds and concludes that:
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;
City Council Resolution Page 3 of 4
Approval of a Modification to a Conditional Use Permit
368 E. Campbell Ave. - PLN2016-105
,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 City Council approves a Modification (PLN2016-
105) to a previously approved Conditional Use Permit (PLN2014-57/PLN2015-195) for
property located at 368 E. Campbell i4venue, subject to the attached Conditions of Approval
(attached Exhibit "A").
PASSED AND ADOPTED this 19th day of July, 2016, by the following roll call vote:
AYES: COUNCILMEMBERS: Kotowski, Resnikoff, Cristina, Gibbons, Baker
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
APPROVED:
.J,,~son T. Baker, Mayor
1
ATTEST: i _.c~
Wendy ood, City Clerk
EXHIBIT A
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 (built-in)
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, inclusive of the accessible seating spaces. No part of the dining area shall
be considered part of the bar area.
• Accessibility Compliance: By August 19, 2016, the business owner shall
submit construction plans and apply for a building permit to modify the bar
seating to conform to CBC accessibility requirements as determined by
the Building Official. The necessary .work shall be completed within two
weeks of building permit issuance.
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.
Exhibit A -Conditions of Approval ~ 368 E. Campbell Ave. Page 3
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.
Bar Area Meal Service: Meal service shall be available in the bar area at all
times.
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 City Council for review, upon recommendation
of the Planning Commission:
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.
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.
Exhibit A -Conditions of Approval ~ 368 E. Campbell Ave. Page 4
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
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 revocation/modification
proceedings upon the occurrence of less than two (2) complaints if the Community
Development Director determines that the alleged violation warrants such an action. If
the alleged violation relates to the establishment's hours of operation, the Community
Development Director may immediately restrict the public closing time to 10:00 PM
(daily), pending final City Council action on the revocation/modification proceedings.
In exercising the forgoing 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.