PC Res 4369RESOLUTION NO. 4369
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL DETERMINING COMPLIANCE WITH AN
APPROVED CONDITIONAL USE PERMIT (PLN2015-247) AND
APPROVING 'A ..MODIFICATION (PLN2017-71) TO EXTEND THE
CLOSING TIME OF THE EXISTING RESTAURANT AND BAR
FROM 11:30 PM TO 12:00 AM, DAILY, ON PROPERTY LOCATED
AT 394 E. CAMPBELL AVENUE. FILE NO.: PLN2017-71
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 PLN2017-71:
1. The project site .is zoned .C-3 (Central Business District) and designated Central
_ Commercial by.the General Plan Land lJse Element. -
2. The existing .restaurant and bar 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 a restaurant/wine bar with
beer and wine service .and live entertainment, with a .public closing time of 11:00 PM.
5. At its meeting of September 22, 2015, the Planning Commission adopted Resolution
N.o. 4246 approving a Modification (PLN2015-247) _ to the previously approved
Conditional Use Permit (PLN2014-35) to allow the conversion of the restaurant/wine
bar #o a .restaurant and bar with .general alcohol service and change to the approved -
business hours to-allow a publicclosing time of 11:30 PM.
6. Condition of Approval No. 5 of Resolution No. 4246 requires the Planning Commission
to 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). At the public hearing, the
Community Development Director is to report on the operator's compliance with the
conditions of approval, 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 rescind, extend, or
maintain the restaurant's approved business hours.
7. The restaurant and bar, known as The Vesper, operating pursuant to the Modified
Conditional Use Permit opened for business on March 12, 2016, thereby requiring a
one-year review to be conducted in March of 2017.
8. In conducting the one-year review, the Planning Commission considered the report of
the Community Development Director that indicated no known violations of the
Modified Conditional Use Permit or applicable local or State- laws, and also which
`provided information on the restaurant's provision of food service, floor-plan
Planning Commission Resolution No. 4369 Page 2 of 4
PLN2017-71 ~ 394 E. Campbell Avenue
Modification to Conditional Use Permit
configuration, and general operational practices. Based on this report and lack of public
testimony or material information to the contrary, the Planning Commission determined
the operation ..Qf; the :Vesper to be in substantial compliance with the Modified
Conditional Use Permit.
~;, As permitted by the Condition of Approval No. 5 of the, Modified Conditional Use Permit
-approved . by Resolution No. 4246, the applicant exercised the .right to request an
_ extension of the business hours, specifically seeking an extension of the closing time
from 1:1:30 PM to 12:00 AM, daily.
10. The requested 30-minute extension to the public closing time is consistent with the
Downtown Alcohol Beverage Policy. _
11. The approval of a Modified Conditional Use Permit incorporates applicable operational
standards of the Downtown Alcohol Beverage Policy.
12. Alcohol .beverage service in the restaurant shall be ancillary and subordinate to the
primary purpose of serving food... .
13. 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°
14. 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. _
^15. 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.
16. 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.
17.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 drunkenness in public, vandalism, and disorderly conduct.
18.The approval of a Conditional Use Permit incorporates applicable operational
standards of the Downtown. Alcohol Beverage Policy
Planning Commission Resolution No. 4369 Page 3 of 4
PLN2017-71 ~ 394 E. Campbell Avenue
Modification to Conditional Use Permit
Based upon the foregoing findings of fact, the Planning -Commission further finds and
concludes that: 1
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
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 operator of the. proposed use is in compliance with the conditions of .approval, and
has not committed any known violations of local ordinances or State laws; and
13. 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.
Planning Commission Resolution No. 4369
PLN2017-71 ~ 394 E. Campbell Avenue
.Modification to Conditional Use Permit
Page 4 of 4
THEREFORE, BE IT RESOLVED that the Planning Commission determines compliance
with. an approved Conditional Use, Permit (PLN2015-247) and approves a Modification
(PLN2017-71) to extend the closing time of.the existing restaurant and bar from 11:30 PM
to 12:00 AM, daily, on property located at 394 E. Campbell Avenue, subject to the
attached Conditions of Approval (attached Exhibit "A").
PASSED AND ADOPTED this 14th day of March, 2017; by the following roll call vote:
AYES: Commissioners: Dodd, Kendall, .Rich, Rivlin, and Yourig '
NOES: Commissioners:
ABSENT: Commissioners: Hernandez
ABSTAIN: Commissioners: Reynolds
APPROVED: '~
/Yvonne Kendall, Chair
ATTEST:
Paul Kermoyan, Secretary
EXHIBIT A
CONDITIONS OF APPROVAL
Conditional Use Permit Modification (PLN2017-71)
Where approval by the Director of Community Development, City Engineer, Public
Works Director,' City Attorney or Fire Department is required, thaf 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
1. Approved Project: Approval is granted fora Modification (PLN2017-71) to a
previously-approved Conditional Use Permit (PLN2015-247) to extend the closing
time of the existing. restaurant and bar from 11:30 PM to 12:00 AM, daily, on
property located at 394 E. Campbell Avenue. The project shall substantially
conform to the Floor. Plan approved by the Community Development Director
pursuant to Condition of Approval No. 5, except as 'may be modified by the
conditions of approval contained herein. ,
2.._ Approval Expiration: The Modified Conditional Use Permit approved herein shall be
'valid in perpetuity on the property subject to continued operation of the restaurant
and bar, .and maintenance of a valid ABC liquor .license. Abandonment,
discontinuation, or ceasing of operations for a continuous period of twelve months
shall void the approval. _
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. 4246 (PLN2015-247) shall be void and
shall permanently be superseded in their entirety by the Conditions of Approval
specified herein.
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. Floor Plan:_Within one (1) month of•this Approval, the applicant shall provide a
dimensionalized and scaled floor plan of the restaurant and bar consistent with the
Modified Conditional Use Permit approved herein and prepared to the satisfaction
of the Community Development Director.
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.
Exhibit A -Conditions of Approval ~ 394 E. Campbell Avenue Page 2
PLN2017-71 -Modification to Previous Conditional Use Permit (PLN2014-35)
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. `
b. 11llaximum .Occupancy Sign: The business owner shall install a new
maximum occupancy sign of a size to be determined by the Community
Development Director, conspicuously posted within the premises, which shall
include the maximum occupancy noted herein and include a visual .depiction
of the Floor Plan approved by the Community Development Director pursuant
to Condition of Approval No. 5.
c. 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 afea and not bar or "lounge" seating.
d. 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:
e. Hours of Operation: Hours of operation shall be as follows,. By the end of
'Business Hours' (12:00 AIVI) all patrons shall have exited .the restaurant,
however, patrons shall not be permitted to enter after 11:30 PM. By the end of
the 'Operational. Hours' .(12:30 AM) all employees shall be.off the premises.
• Business Hours - 1.1:00 AM - 12:Q0 AM, daily
Operational Hours 9:00 AM - 12:30 AM, daily
f. Food Service: Full menu food service shall be provided at all times during
the Business Hours (i.e., the kitchen shall not be closed).
g. 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. .
h. Bar Area -Meal Service: Meal service shall be available in the bar area at all
. .times.
is 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.
j. 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.
Exhibit A -Conditions of Approval ~ 394 E. Campbell Avenue Page 3
PLN2017-71 - Modification to Previous Conditional Use Permit (PLN2014-35)
k. 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. -
I. Cover Charge: At no time shall a cover charge be required or a donation
necessary in order to patronize the establishment.
m. Loud .Speakers:. Exterior loud speakers., exterior audio sound .systems,
and/or public address systems are, prohibited.
n. 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 bank to the
.Planning Commission for review.
o. Smoking: A "No .Smoking" sign shall be posted on the premises .in
compliance with CMC 6.11._060.
p. Doors and Windows: Doors and windows shall remain closed after 10:00
PM and during live entertainment performances.
q. Trash ~ 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.
r. 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 Us8 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 Department of Alcoholic Beverage Control.
Exhibit A -Conditions of Approval ~ 394 E. Campbell Avenue Page 4 ~ _
PLN2017-71 -Modification to Previous Conditional Use Permit (PLN2014-35) -
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. TaxicabService: 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 (e.g., cooking) is permitted in association
with the establishment.
x. 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.
. y: 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 yhealth, 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 Commuriify 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 deterrnines~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
Exhibit A -Conditions of Approval ~ 394 E. Campbell Avenue Page 5
PLN2017-71 -Modification to Previous Conditional ~~Use Permit (PLN2014-35)
PUBLIC .WORKS DEPARTMENT
8. Private Improvements Agreement: The property owner shall execute an
"Agreement for Private Improvements in the Public Right of Way". This agreement ~
is required to -allow the existing fire service mounted to the face of the building and
extending into the public right of way to~ remain. The preparation of this agreement
will require the applicant to provide a copy of the most recent Grant Deed for the
property.
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