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PC Res 4395RESOLUTION NO. 4395 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A MODIFICATION (PLN2016-99) TO A PREVIOUSLY APPROVED CONDITIONAL USE PERMIT (PLN2007-183) TO MODIFY THE INTERIOR CONFIGURATION OF AN EXISTING RESTAURANT WITH APPROVED GENERAL ALCOHOL SALES AND LATE-NIGHT OPERATIONAL HOURS, ON PROPERTY LOCATED AT 360 E. CAMPBELL AVENUE. FILE NO.: PLN2016-99 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 PLN2016-99: 1. The project site is located at the southwest corner of Campbell and Central Avenues in Historic Downtown Campbell. 2. The project site is zoned C-3 (Central Business District) on the City of Campbell Zoning Map. 3. The project site is designated Central Commercial on the City of Campbell General Plan Land Use diagram. 4. The project site is an approximately 1,500 square-foot commercial property developed with the Second Bank of Campbell Building, a designated historic resource constructed circa 1911 in an Italian Renaissance Revival style. 5. At its meeting of January 8, 2008, the Planning Commission adopted Resolution No. 3862 approving a Conditional Use Permit (PLN2007-183) for a restaurant with general alcohol sales and late-night hours. 6. The proposed project is application for a Modification (PLN2016-99) to a previously approved Conditional Use Permit (PLN2007-183) to modify the interior configuration of an existing restaurant in association with a separate application fora Site and Architectural Review Permit (PLN2016-76) to allow a minor addition, facade restoration and seismic retrofit of the Second Bank of Campbell Building. 7. The proposed interior changes include an increase to the seating capacity from 44 seats to 49 seats. 8. The approval of a Modified Conditional Use Permit incorporates applicable operational standards of the Downtown Alcohol Beverage Policy. 9. Alcohol beverage service in the restaurant shall be ancillary and subordinate to the primary purpose of serving food. 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, Planning Commission Resolution No. 4395 PLN2016-99 ~ 360 E. Campbell Avenue Modification to Conditional Use Permit Page 2 of 4 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: 11. 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. 12. 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. 13. 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. 14. The proposed project would be consistent with the following General Plan policies: Policy LUT-5.3: Variety of Commercial and Office Uses: Maintain a variety of attractive and convenient commercial and office uses that provide needed goods, services and entertainment. Strategy LUT-19.1 a: Mix of Uses: Encourage a compatible mix of uses (i.e. professional offices, services and retail uses) with ground floor retail uses. Policy LU-2.1: Ground Level Commercial: Develop and maintain the ground floor space along East Campbell Avenue between Third Street and the light rail tracks as a distinctive retail and restaurant experience with ground floor uses that are diverse and interesting and contribute strongly to a distinctive and unique shopping experience. 15. 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. Based upon the foregoing findings of fact, the Planning Commission 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; Planning Commission Resolution No. 4395 PLN2016-99 ~ 360 E. Campbell Avenue Modification to Conditional Use Permit 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 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. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Modification (PLN2016-99) to a previously approved Conditional Use Permit (PLN2007-183) to modify the interior configuration of an existing restaurant with approved general alcohol sales and late-night operational hours, on property located at 360 E. Campbell Avenue, subject to the attached Conditions of Approval (attached Exhibit "A"). Planning Commission Resolution No. 4395 PLN2016-99 ~ 360 E. Campbell Avenue Modification to Conditional Use Permit Page 4 of 4 PASSED AND ADOPTED this 25th day of July, 2017, by the following roll call vote: AYES: Commissioners: Reynolds, Young, Kendall, Hernandez, Rivlin, and Rich NOES: Commissioners: ABSENT: Commissioners: Dodd ABSTAIN: Commissioners: APPROVED: ~~'`~~ ~/~ CC /~~~ vonne Kendall, Chair ~~`' ATTEST: - ,~~t~ ~~~ Bill Bruckart, Acting Secretary EXHIBIT A CONDITIONS OF APPROVAL Conditional Use Permit Modification (PLN2016-99) 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. COMMUNITY DEVELOPMENT DEPARTMENT Approved Project: Approval is granted fora Modification (PLN2016-99) to a previously approved Conditional Use Permit (PLN2007-183) to modify the interior configuration of an existing restaurant with approved general alcohol sales and late-night operational hours in conjunction with a minor addition, fagade restoration, and seismic retrofit approved by Site and Architectural Review Permit (PLN2016-76), on property located at 360 E. Campbell Avenue. The project shall substantially conform to the Revised Project Plans stamped as received by the Planning Division on May 26, 2017, except as modified by the required revisions specified by Condition of Approval No. 5 (Plan Revisions). 2. Approval Expiration: The Modified Conditional Use Permit ("approval") shall be valid for one (1) year from the effective date of Planning Commission action (expiring August 4, 2018). Within this one-year period, an application for a building permit must be submitted (either as a stand-alone tenant improvement or in conjunction with the permit for the seismic retrofit, facade restoration and minor addition). Failure to meet this deadline or expiration of an issued building permit will result in the Approval being rendered void. Once established, the Approval 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, as evidenced by surrender or revocation of the ABC liquor license, 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. 3862 (PLN2007-183) 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 Sec. 21.10.060.x. The allowable sign materials for the project site shall include enameled metal, painted wood, cast metal, painted fabric, and similar materials, or an awning sign. Plastic signage of any type, whether individual letters or as part of a box (or cabinet), shall not be approved. Exhibit A -Conditions of Approval ~ 360 E. Campbell Avenue Page 2 PLN2016-99 -Modification to Conditional Use Permit (PLN2007-183) 5. Plan Revisions: The construction plans submitted fora building permit shall incorporate the following revision(s): a. The floor plan shall incorporate an accessible-compliant bar and dining room seating configuration. b. All affected sheets shall incorporate the accessibility recommendations of the submitted CASp review prepared by ADA Compliance Consultants, Inc., dated April 5, 2017. c. The exterior elevation sheets and/or mechanical drawings shall clearly indicate that roof-mounted mechanical equipment (i.e. air conditioning units, ventilation ducts or vents) will be completely concealed behind the building's exiting parapet. The Community Development Director may require submittal of a sectional drawing and/or line-of-sight exhibit to demonstrate compliance. d. Appropriate notes and details shall be provided on applicable sheets to demonstrate compliance with the relevant requirements of Condition of Approval No. 6 (Operational Standards), including, but not limited to "no smoking" and maximum occupancy signs and interior furniture specifications. 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. a. Approved Use: The approved use is a "restaurants, standard" with "late night activities" and ancillary general alcohol sales ("liquor establishment"), as defined by the Campbell Municipal Code and limited by the operational standards listed herein. At no time shall the restaurant be operated as a "fast food" restaurant or as a stand-alone bar/tavern. b. Restaurant Seating/Patron Occupancy: Restaurant patron capacity shall be limited to 49 seated persons (patrons shall not be served while standing), consisting of 42 dining area seats and no more than seven (7) bar area seats, 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. c. Maximum 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 (Plan Revisions). d. Bar Area Seating: The bar area shall be composed of no more than seven (7) bar seats, inclusive of five (5) standard seats, one (1) accessible space, Exhibit A -Conditions of Approval ~ 360 E. Campbell Avenue Page 3 PLN2016-99 -Modification to Conditional Use Permit (PLN2007-183) and one (1) associated companion space. No part of the dining area shall be considered part of the bar area. e. 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. f. Hours of Operation: Hours of operation shall be as follows. By the end of 'Business Hours' (11:00 PM) all patrons shall have exited the restaurant. By the end of the 'Operational Hours' (12:00 AM) all employees shall be off the premises. • Business Hours 6:00 AM - 11:00 PM, daily • Operational Hours 5:00 AM - 12:00 AM, daily g. Food Service: Full menu food service shall be provided at all times during the Business Hours (i.e., the kitchen shall not be closed). h. 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. j. Outdoor Seating: Outdoor seating shall require submittal of a new Outdoor Seating Permit in compliance with CMC Sec. 21.10.060.H. The Outdoor Seating Permit (PLN2010-253) approved by the Community Development Director on October 27, 2007 is void. 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. k. 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. I. Live Entertainment: No live entertainment is permitted as part of the Modified Conditional Use Permit approval, including live music, disc jockey, karaoke, and dancing. m. Loud Speakers: Exterior loud speakers, exterior audio sound systems, and/or public address systems are prohibited. n. Noise: Unreasonable levels of noise, sounds and/or voices, including but not limited to the indoor amplified sounds, indoor loud speakers, sounds from indoor audio sound systems, and/or indoor public address system, generated by the establishment shall not 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 Exhibit A -Conditions of Approval ~ 360 E. Campbell Avenue Page 4 PLN2016-99 -Modification to Conditional Use Permit (PLN2007-183) immediately curtail the Hours of Operation, pursuant to Condition of Approval No. 10 (Revocation of Permit). o. Smoking: A "No Smoking" sign shall be posted on the premises in compliance with CMC Sec. 6.11.060. p. Doors and Windows: Doors and windows shall remain closed after 10:00 PM. q. Trash & Clean Up: All trash, normal clean up, carpet cleaning, etc. shall occur during the approved `Operational Hours'. Refuse and recyclable materials shall be placed in appropriate containers located within the shared refuse enclosure situated behind 276-280 E. Campbell Avenue, in compliance with Chapter 6.04 of the Campbell Municipal Code. Any change to the refuse/recycle disposal location shall require a written agreement between both property owners to be reviewed and approved by the Community Development Director. 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 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 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 (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. Exhibit A -Conditions of Approval ~ 360 E. Campbell Avenue Page 5 PLN2016-99 -Modification to Conditional Use Permit (PLN2007-183) 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. z. Storefront Glazing: All storefront glazing shall remain unobscured, except for the 25% of window area permitted to be occupied with the window signage. 7. Revocation of Permit: Operation of the restaurant pursuant to the Conditional Use Permit approved herein is subject to Sections 21.68.020, 21.6$.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 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 three (3) verifiable complaints related to violations of conditions of approval (e.g., noise) 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 of the Modified Conditional Use Permit upon the occurrence of less than three (3) complaints if the Community Development Director determines that the alleged violation warrants such an action. The Director may also at such time immediately restrict the establishment's Hours of Operation. 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.