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PC Res 4414RESOLUTION NO. 4414 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A MODIFICATION (PLN2017-349) TO A PREVIOUSLY APPROVED CONDITIONAL USE PERMIT (UP 83-11) AND AN ADMINISTRATIVE PLANNED DEVELOPMENT PERMIT (PLN2017-350) TO FORMALIZE "GENERAL" ALCOHOL SERVICE, AN OUTDOOR SEATING AREA, AND OCCASIONAL LATE-NIGHT ACTIVITIES FOR AN EXISTING RESTAURANT AND TO ALLOW SITE AND PARKING CONFIGURATION CHANGES ON PROPERTY LOCATED AT 923 W. HAMILTON AVENUE IN THE P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. FILE NO.: PLN2017-349/350 After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to file number PLN2017-349/350: The project site is an existing restaurant located along West Hamilton Avenue, east of Marathon Drive, abutting a residential apartment community to the west and a service station to the east. 2. The project site is within the P-D (Planned Development) Zoning District and is designated with a General Commercial land use designation by the General Plan. 3. The project site was developed pursuant to a Conditional Use Permit (UP 83-11), approved by Planning Commission Resolution No. 2231 on September 13, 1983, which allowed beer and wine service in association with a 48-seat restaurant with operational hours of 11:00 AM to 10:00 PM, daily. 4. Upon investigation instigated by verified complaints of loud music and late-night operational hours, the City determined that the subject restaurant was being operated with unpermitted live entertainment, unpermitted late-night operational hours (occurring after 11:00 PM), an unpermitted patio, and unauthorized exercise of a "general" (Type 47) on-sale license. 5. These activities are separately defined land uses under the Campbell Municipal Code (CMC), which have not been specifically authorized by the restaurant's Conditional Use Permit (UP 83-11). As such, without specific authorization, continued operation of the restaurant in this capacity constitutes a violation of CMC Sec. 21.03.020.6 (Permit/approval requirements), Sec. 21.03.020.D (Conditions of approval), and Sec. 21.12.030.H.1.d (Administrative planned development permit required). Moreover, exercise of a "general" license where the City only authorized "beer and wine" sales is also violation of Section 23790 of the California and Business Professions Code that prohibits issuance of a license contrary to a local Zoning Ordinance. Planning Commission Resolution No. 4414 Page 3 of 6 PLN2017-349/350 Conditional Use Permit Modification and Admin. P-D Permit 6. The proposed project is a Modification (PLN2017-349) to a previously approved Conditional Use Permit (UP 83-11) and an Administrative Planned Development Permit (PLN2017-350) to formalize "general" alcohol service, late-night operational hours (11:00 PM public closing), and an outdoor seating area, and to allow site and parking configuration changes for an existing restaurant. 7. The proposed project would result in additional land use activities which would be consistent with the property's General Commercial Land Use Designation, subject to the provisions of the Planned Development (P-D) Zoning District. 8. The proposed project would include an increase in parking supply from 16 stalls to 20 stalls allowing an increase in seating capacity of 12 seats for the outdoor seating area, resulting in overall seating increase from 48 seats to 60 seats. 9. The requested outdoor seating area (patio) and "late-night" business hours may cause a disturbance to nearby residences due to the proximity of the residential apartment community, such that based on the previous noise complaints and the proximity of the residential apartment community, it is necessary to restrict the use of the patio to no later than 8:00 PM and to maintain the restaurant's closing time at 10:00 PM. However, an occasional public closing time of 11:00 PM to accommodate live sporting events, limited to 10 days per year, subject to five days of advanced written notice to the Community Development Director, would not result in a disturbance to nearby residences. 10. To ensure adequate landscaping area on the property and to provide suitable accessible path-of-travel, it is necessary to require additional modifications to the property's site configuration. 11. The proposed project, as conditioned, would be consistent with the following General Plan policies and strategies: Policy LUT-13.1: Variety of Uses: Attract and maintain a variety of uses that create an economic balance within the City while maintaining a balance with other community land use needs, such as housing and open space, and while providing high quality services to the community. Policy LUT-11.2: Services Within Walking Distance: Encourage neighborhood services within walking distance of residential uses. 12.In review of the proposed project, the Planning Commission considered the site circulation, traffic congestion, and traffic safety effects of the project, including the effect of the site development plan on traffic conditions on abutting streets; the layout of the site with respect to locations and dimensions of vehicular and pedestrian entrances, exit driveways, and walkways; the arrangement and adequacy of off-street parking facilities to prevent traffic congestion; the location, arrangement, and dimensions of truck loading and unloading facilities; the circulation patterns within the boundaries of the development, and; the surfacing and lighting of the off-street parking facilities. Planning Commission Resolution No. 4414 Page 4 of 6 PLN2017-349/350 Conditional Use Permit Modification and Admin. P-D Permit 13. The Planning Commission further considered the landscaping design of the proposed project, including the location, height, and material offences, walls, hedges, and screen plantings to ensure harmony with, adjacent development or to conceal storage areas, utility installations, and other unsightly aspects of the development; the planting of groundcover or other surfacing to prevent dust and erosion, and the preservation of existing healthy trees. 14. The Planning Commission further considered the proposed project's architectural and site layout; including the general silhouette and mass, including location on the site, elevations, and relation to natural plant coverage, all in relationship to the surrounding neighborhood; the exterior design in relation to adjoining structures in terms of area, bulk, height, openings, and breaks in the facade facing the street; and appropriateness and compatibility of the proposed uses in relation to the adjacent uses and the area as a whole. 15. No substantial evidence has been presented which shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: Conditional Use Permit Finding (CMC Sec. 21.45.040): 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; and 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. Planning Commission Resolution No. 4414 Page 5 of 6 PLN2017-349/350 Conditional Use Permit Modification and Admin. P-D Permit Liquor Establishment Findings (CMC Sec. 21.46.070): 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; and 10. The establishment will not significantly increase the demand on city services. Administrative P-D Permit Findings (CMC Sec. 21.12.030.H.6): 11. The proposed development or uses clearly would result in a more desirable environment and use of land than would be possible under any other zoning district classification; 12. The proposed development would be compatible with the general plan and will aid in the harmonious development of the immediate area; 13. The proposed development would not be detrimental to the health, safety or welfare of the neighborhood or of the city as a whole. Late Night Activities Findings (CMC Sec. 21.12.030.H.7): 14. The establishment will not create a nuisance due to litter, noise, traffic, vandalism or other factors; 15.The establishment will not significantly disturb the peace and enjoyment of the nearby residential neighborhood; and 16. Proposed conditions of approval, are sufficient to mitigate any detrimental impacts specified that may be caused by the late-night establishment. Environmental Findings (CMC Sec. 21.38.050): 17.The project is Categorically Exempt under Section 15301 Class 1 of the California Environmental Quality Act (CEQA) pertaining to minor alterations to an existing private structure, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Modification (PLN2017-349) to a previously approved Conditional Use Permit (UP 83-11) and an Administrative Planned Development Permit (PLN2017-350), subject to the attached Conditions of Approval (attached Exhibit A). Planning Commission Resolution No. 4414 Page 6 of 6 PLN2017-349/350 Conditional Use Permit Modification and Admin. P-D Permit PASSED AND ADOPTED this 28th day of November, 2017, by the following roll call vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Ostrowski, Rich, Rivlin and Young Hernandez and Krey Dodd None APPROVED: ~~~~~ ~~~-~ ~~ Michael Rich, Chair Paul Ke~moyan, Secretary EXHIBIT A CONDITIONS OF APPROVAL Conditional Use Permit Modification / Admin P-D Permit 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. Planning Division Approved Project: Approval is granted fora Modification (PLN2017-349) to a previously approved Conditional Use Permit (UP 83-11) and an Administrative Planned_ Development Permit (PLN2017-350) to formalize "general" alcohol service, an outdoor seating area, and occasional late night activities, for an existing restaurant and to allow site and parking configuration changes on property located at 923 W. Hamilton Avenue. The project shall substantially conform to the Project Plans- and Written Description, dated as received by the Community Development Department on October 31, 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 and Administrative Planned Development Permit ("Approval") shall be valid for three (3) months from the effective date of Planning Commission action (expiring February 28, 2018). Within this three- month period, an application for a building permit must be submitted pursuant to Condition of Approval No. 4 (Building Permit Deadline). Failure to meet this deadline or expiration of an issued building permit will result in the Approval being rendered void. Once established, this Approval shall be valid in perpetuity on the property subject to continued operation of the restaurant 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. If this Approval expires or is voided, operation of the restaurant shall revert back to Conditional Use Permit UP 83-11 as approved by Planning Commission Resolution No. 2231. 3. Previous Conditions of Approval: Upon the effective date of this Approval, the previously approved Conditions of Approval provided in Planning Commission Resolution No. 2231 shall be void and shall permanently be superseded in their entirety by the Conditions of Approval specified herein, except as noted by Condition of Approval No. 2 (Permit Expiration). 4. Building Permit Deadline: By February 28, 2018, the business owner shall submit an application for a building permit to complete the site improvements depicted on the approved Project Plans, as modified by the required revisions specified by Condition of Approval No. 5 (Plan Revisions). Once submitted, the business owner shall diligently pursue issuance of the building permit and completion of all permitted work. Failure to comply with this requirement shall result in commencement of revocation proceedings pursuant to Condition of Approval No. 7 (Revocation of Permit). Exhibit A -Conditions of Approval ~ 923 W. Hamilton Avenue Page 2 PLN2017-349/350 -CUP Modification /Admin. P-D Permit 5. Plan Revisions: The construction plans and associated detail drawings submitted for a building permit shall incorporate the following revisions, as also depicted in the City prepared "red-line" site-plan. Compliance with these requirement(s) and plan revision(s) shall be subject to the satisfaction of the Director of Community Director. a. The .fence along the northerly property line shall be indicated to be repaired and/or replaced as necessary. b. A delineated outdoor seating area (patio), appropriately sized for 12 seats, shall be depicted as being improved with a solid surface (e.g., concrete, pavers, etc.) as approved by the Community Development Director. The remaining area shall be shown landscaped with in-ground plantings and/or planters with appropriate irrigation. c. The existing canopy cover over the outdoor.seating area (patio) shall be noted to be removed. The patio may be covered by a permanent trellis or similar structure as approved by the Community Development Director. d. The existing screen in the front of the outdoor seating area shall be noted to be removed and replaced with a new barrier (e.g., planters, railing, etc.) of a designed approved by the Community Development Director. e. The existing landscaping strip along the westerly property line shall be properly depicted. f. The existing accessible path-of-travel shall be shown as to be modified such that the terminus of the pathway at the sidewalk does not enter the driveway. g. Existing and proposed parking spaces # 16-20 shall be depicted as being located 8-feet (+/-) further into the property (shifted north). The additional 8-feet of depth shall be shown as improved with new in-ground landscaping area consistent with CMC Chapter 21.26 (Landscaping Requirements). h. The existing landscaping area at the southeast corner shall be depicted to remain without modification. i. The proposed "smoking area" patio shall be depicted as instead being improved with new landscaping (i.e., in-ground plantings and/or raised planters with appropriate irrigation) and shall not include any form of seating. j. The proposed motorcycle parking space shall be depicted as instead being hatched or landscaped (i.e. in-ground plantings and/or raised planters with appropriate irrigation). k. The seating notations shall be revised to indicate a maximum of 48 interior seats and 12 outdoor seats. I. Appropriate notes and details shall be provided to demonstrate compliance with the relevant requirements of the Condition of Approval No. 6 (Operational Standards), including, but not- limited to a "no smoking" sign, a maximum occupancy sign, and outdoor furniture details. . Exhibit A -Conditions of Approval ~ 923 W. Hamilton Avenue PLN2017-349/350 -CUP Modification /Admin. P-D Permit Page 3 6. Operational Standards: Operation of the approved restaurant pursuant to this Approval shall conform to the following operational standards. Significant deviations from these standards (as determined by the Community Development Director) shall require approval of a Modification of this Approval by the Planning Commission. a. ..Approved Use: The approved use is a "restaurant, standard" with "outdoor seating" and ancillary sale of distilled spirits ("liquor establishment"), as defined by CMC Section 21.72.020.6 and limited by the operational standards listed herein. Activity inconsistent with these land use definitions is prohibited. At no time shall the restaurant be operated as a stand-alone "liquor establishment" or "nightclub," which shall specifically require that the kitchen be kept open and available .for food orders during all times the restaurant is open to the public. b. Restaurant Seating/Patron Occupancy: Total indoor patron occupancy shall be limited to 48 seated patrons, inclusive of accessible seating, however, excluding seats for 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 included in the construction drawings submitted for a building permit. 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' all patrons shall have exited the restaurant. By the end of the 'Operational Hours' all employees shall be off the premises. Business Hours • Operational Hours 8:00 AM -10:00 PM, daily 7:00 AM - 11:00 PM, daily Special Evenf Hours: The approved 'Business Hours' may be extended to 11:00 PM and the 'Operational Hours' to 12:00 AM for up to ten (10) days per calendar year for special events (e.g., live sporting events, holidays, etc.). The business owner shall provide written notice to the Community Development Director five (5) business days prior to the special event date. Exhibit A -Conditions of Approval ~ 923 W. Hamilton Avenue Page 4 PLN2017-349/350 -CUP Modification /Admin. P-D Permit f. Patron Service: Patrons shall not be served while standing, either within bar area or in the dining room area. g. 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). h. Bar Area Meal Service: Meal service shall be available in the bar area at all times. 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. j. Live Entertainment: No live entertainment is permitted as part of this Approval, including live music, disc jockey, karaoke, and dancing. Future requests for live entertainment shall require approval by the Planning Commission. k. Outdoor Seating: Outdoor seating shall be subject to the following standards in compliance with CMC Sec. 21.36.150 (Outdoor Seating): i. Outdoor seating shall be limited to the patio area at the northwest corner of the property. ii. The use of the outdoor seating shall cease by 8:00 PM, daily. iii. Total outdoor patron occupancy is limited to twelve (12) seats. iv. The design, make, and location of all furniture (chairs, tables, and umbrellas, barriers, etc.) shall require approval by the Community Development Director. v. During non-business hours, chairs and tables shall be stacked, stored inside, or otherwise secured to prevent unauthorized use vi. All outdoor furniture shall be kept clean and in good repair and replaced and/or fixed as necessary. Loud Speakers: Exterior loud speakers, exterior audio sound systems, and/or public address systems are prohibited. m. 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. m. Trash and Clean Up: All trash, normal clean up, carpet cleaning, etc. shall occur during the approved `Operational Hours'. Refuse and recycling receptacles shall be kept within the enclosure except during collection in compliance with Chapter 6.04 of the Campbell Municipal Code. n. Liquor License: The applicant shall obtain and maintain in good standing a Type 47 license from the State Department of Alcoholic Beverage Control for Exhibit A -Conditions of Approval ~ 923 W. Hamilton Avenue Page 5 PLN2017-349/350 -CUP Modification /Admin. P-D Permit the sale of alcoholic beverages. The license shall include the Business Hour 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. o. A9cohol 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. p. 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. q. 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. r. Taxicab Service: The establishment shall post in a conspicuous place the telephone numbers of local taxicab services. s. Outdoor Activity: Other than outdoor seating, no outdoor activity (e.g., cooking) is permitted in association with the establishment. t. Outdoor Storage: Outdoor storage, including but not limited to, linens, kegs, cartons, shall not be permitted. u. Smoking: "No Smoking" signs shall be posted on the premises in compliance with CMC Section 6.11.060. v.. Noise: Noise. generated by the restaurant, including but not limited indoor amplified sounds, indoor loud speakers, sounds from indoor audio sound systems, and/or indoor public address system, shall not be audible to a person of normal hearing capacity from outside the enclosed restaurant. In the event verified complaints are received by the City regarding such noise, the Community Development Director may immediately curtail the Hours of Operation, pursuant to Condition of Approval No. 7 (Revocation of Permit). w. 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. x. Doors and Windows: Doors and windows shall remain closed at all times. Exhibit A -Conditions of Approval ~ 923 W. Hamilton Avenue Page 6 PLN2017-349/350 -CUP Modification /Admin. P-D Permit 7. Revocation of Permit: Operation of the restaurant pursuant to this Approval 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 land use permit if it is determined that the sale of alcohol. and/or hours of operation, has ..become a nuisance to the City's public health, safety or welfare or for violations of the land use permit or any standards, codes, or ordinances of the City of Campbell. The business owner shall be obligated to cover the actual cost of all staff time associated with revocation proceedings. This obligation may be enforced by the City as permitted by law. At the discretion of the Community Development Director, if the establishment generates three (3) verifiable complaints related to violations of conditions of approval, live entertainment, and/or the service of alcohol within a one (1) year period, a public hearing before the ,Planning Commission may be scheduled to consider modifying conditions of approval or revoking the Approval. The Community Development Director may commence proceedings for the revocation of the Approval 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, 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.