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PC Res 4450RESOLUTION NO. 4450 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT AND ADMINISTRATIVE PLANNED DEVELOPMENT PERMIT (PLN2018-229) TO ALLOW GENERAL ON-SALE ALCOHOL SERVICE ("LIQUOR ESTABLISHMENT") IN CONJUNCTION WITH AN EXISTING CAFE/RESTAURANT AND BAKERY ON PROPERTY LOCATED AT 195 E. CAMPBELL AVENUE IN THE C-PD (CONDOMINIUM PLANNED DEVELOPMENT) ZONING. DISTRICT. FILE NO.: PLN2018-229 - 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 PLN2018-229: Evidentiary Findings: The project site is zoned C-PD (Condominium Planned Development) and designated Central Commercial by the General Plan Land Use Element. 2. The existing restaurant occupies a 2,109 square-foot ground-floor tenant space within a mixed-use building located along East Campbell Avenue between Second and Third Streets in Downtown Campbell. , 3. As conditioned, the Conditional Use Permit and Administrative Planned Development Permit (PLN2018-229) would allow general on-sale alcohol service ("liquor establishment") in conjunction with an existing cafe/restaurant. 4. Pursuant to the Condominium Planned Development Zoning Ordinance, a restaurant is an allowable land use subject to approval of an Administrative Planned Development Permit, except that alcohol service shall require approval of a Conditional Use Permit. 5. The approval of a Conditional Use Permit incorporates applicable operational standards of the Downtown Alcohol Beverage Policy. 6. Alcohol beverage service in the restaurant shall be ancillary and subordinate to the primary purpose of serving food. 7. 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. Planning Commission Resolution No. 4450 Page 2 PLN2018-229 -Conditional Use Permit /Administrative P-D Permit 195 E. Campbell Avenue - 8. 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 drunk in public, vandalism, and disorderly conduct. 9. A public closing time of 8:00 PM for the restaurant is appropriate to ensure that alcohol service remains ancillary to food service and therefore would not result in an overconcentration of alcohol-serving (liquor) establishments. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: Conditional Use Permit Findings (CMC Sec.21.46.040): 1. As conditioned, 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. As conditioned, the proposed use is consistent with the General Plan; 3. As conditioned, 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. As conditioned, 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. As conditioned, 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. As conditioned, 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; Liquor Establishment Findings (CMC Sec.21.46.070) 7. As conditioned, the establishment will not result in an over-concentration of these uses in the surrounding area; 8. As conditioned, the establishment will not create a nuisance due to litter, noise, traffic, vandalism, or other factors; 9.~ As conditioned, the establishment will not significantly disturb the peace and enjoyment of the nearby residential neighborhood; Planning Commission Resolution No. 4450 Page 3 PLN2018-229 -Conditional Use Permit /Administrative P-D Permit 195 E. Campbell Avenue 10.As conditioned, the establishment will not significantly increase the demand on city services; Administrative Planned Development Permit Findings (CMC Sec.21.12.030.H.6): 11.As conditioned, 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.As conditioned, the proposed development would be compatible with the general plan and will aid in the harmonious development of the immediate area; 13.As conditioned, the proposed development would not be detrimental to the health, safety or welfare of the neighborhood or of the city as a whole; Environmental Findings (CMC Sec. 21.38.050): 14. The project is Categorically Exempt under Section 1506,0(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; and THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit and Administrative Planned Development Permit (PLN2018-229) to allow general on-sale alcohol service ("liquor establishment") in conjunction with an existing cafe/restaurant and bakery, subject to the attached Conditions of Approval (attached Exhibit A). PASSED AND ADOPTED this 14th day of August, 2018, by the following roll call vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Krey, Ostrowski, and Rivlin Hernandez Ching, Dodd, and Rich APPROVED: ~~ Jo Ile Hernandez, Actin it Paul Ker~noyan, Secretary Exhibit A CONDITIONS OF APPROVAL Conditional Use Permit (PLN2018-229) 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 Planning Division Approved Project: Approval is granted for a Conditional Use Permit and Administrative Planned Development Permit (PLN2018-229) to allow general on-sale alcohol service ("liquor establishment") in conjunction with an existing cafe/restaurant and bakery, on property located at 195 E. Campbell Avenue. The project shall substantially conform to the project plans and revised project description stamped as received by the Planning Division on July 12, 2018, except as may be modified by the conditions of approval contained herein. 2. Approval Expiration: The Approval granted herein shall be valid for one year from the effective date of Planning Commission action (expiring August 24, 2018). Within this one- year period a Type 47 (On-Sale General for Bona Fide Public Eating Place) license from the Department of Alcoholic Beverage Control (ABC) must be secured. Failure to meet this deadline will result in the Approval being rendered void. Once established, this Approval shall be valid in perpetuity on the property, subject to continued maintenance of the Type 47 License. Discontinuation of alcohol service for a continuous period of twelve .months, as evidenced by surrender or revocation of the ABC license, shall void the Approval. If this Approval expires or is voided, operation of the restaurant shall revert back to the original Administrative Planned Development Permit (PLN2013-309) as approved by the Community Development Director on January 13, 2014. 3. Previous Conditions of Approval: Upon the effective date of this Approval, the previously approved Conditions of Approval provided in Community Development Director's January 13, 2014 approval of an Administrative Planned Development Permit (PLN2013-309) 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 and Administrative Planned Development Permit approved herein shall conform to the following operational standards. a. Restaurant Seating/Patron Occupancy: Total indoor patron occupancy shall be limited to 38 seated persons, employees, and customers waiting for "to go" orders, subject to the maximum occupancy capacities of certain rooms as determined by the California Building Code (CBC). At no time shall there be Conditions of Approval PLN2018-229 ~ 195 E. Campbell Ave. Page 2 more than 38 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. Maximum Occupancy signs shall be posted conspicuously within the premises. b. Bar Area Seating: No bar area, as defined by the Campbell Municipal Code, is permitted in association with the restaurant. c. Floor Plan: All chairs and tables 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. d. 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 7:00 AM - 8:00 PM, daily • Operational Hours 6:00 AM - 10:00 PM, daily e. Food Service: Full menu food service shall be provided at all times during the Business Hours (i.e., the kitchen shall not be closed). f. 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. g. Alcohol Beverage Service: Alcohol beverage service shall only be allowed in conjunction with food service. h. Off-Site Alcohol Sales: No off-site (to-go) alcohol sales are permitted as part of this Approval. Loitering: There shall be no loitering allowed outside the business. The business owner is responsible for monitoring the premises to prevent loitering. Noise: Unreasonable levels of noise, 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 unreasonable noise, the Community Development Director may immediately modify the business hours/hours of operation, subject to the project being brought back to the Planning Commission for review. k. Smoking: "No Smoking" signs shall be posted on the premises in compliance with CMC 6.11.060. Conditions of Approval Page 3 PLN2018-229 ~ 195 E. Campbell Ave. I. Trash & 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. m. Liquor License: The applicant shall obtain and maintain in good standing a Type 47 (On-Sale General for Bona Fide Public Eating Place) license from the State Department of Alcoholic Beverage Control for the sale of alcoholic beverages in conjunction with a restaurant. 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. n. 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.' o. 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. p. 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. q. Taxicab Service: The establishment shall post in a conspicuous place the telephone numbers of local taxicab services. r. 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. 5. Outdoor Seatina: a. Occupancy: Outdoor seating shall be considered as part of the dining area subject to all restrictions herein. Total patron occupancy in the outdoor dining area shall be limited to the number of approved as specified by an approved Outdoor Seating Permit. b. Outdoor Seating Permit: A new Outdoor Seating Permit shall be required to ensure a minimum 7-foot wide pedestrian walkway shall be maintained at all times along the public sidewalk from the back of curb towards the building, except at "pinch points" where trees occur and to approve any changes to the layout, furniture, etc., and/or changes required by ABC for alcohol service in the outdoor dining area. Conditions of Approval Page 4 PLN2018-229 ~ 195 E. Campbell Ave. 6. Exhaust Venting: All required kitchen venting shall either be vented vertically through the roof or out the rear of the property if allowed per the CBC. Venting directed towards the storefront or penetrating any portion of the storefront or any portion of the wall glazing or any other portion of the building exterior facing E Campbell Avenue is strictly prohibited The inability to properly vent the proposed cafe/restaurant and bakery use shall immediately void the Conditional Use Permit and Administrative Planned Development Permit herein. 7. Storefront Clearance: At no time shall an obscure wall or barrier (i.e. drapery, window tinting, blinds, signage, advertisement posters or placards, furniture, inventory, shelving units, storage of any kind; or similar) be installed along behind or attached to storefront windows or doorways that blocks visual access to the tenant space or blocks natural light. 8. Exterior Paint Colors: New exterior paint colors shall require review and approval by the Community Development Director. 9. Property Maintenance: The owner/operator of the subject property shall maintain all exterior areas of the business free from graffiti, trash, rubbish, posters, and stickers placed on the property. Exterior areas of the business shall include not only the parking lot and private landscape areas, but also includes the public right-of-way adjacent to the business. 10. signage: No signage is approved as part of the development application approved herein. New signage shall not be installed prior to approval of a sign permit. All signage shall be installed and maintained consistent with the provision of the C-3 Zone District Sign Ordinance Section 21.10.060(K) of the Campbell Municipal Code and previously approved Master Sign Permit for the subject site. The allowable sign materials for this 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. 11. Location of Mechanical Equipment: No roof-mounted mechanical equipment (i.e. air conditioning units, ventilation ducts, or vents) shall be added to the existing building without providing screening of the mechanical equipment from public view and surrounding properties The screening material and method shall be architecturally compatible with the building and requires review and approval by the Community Development Director and Building Division prior to installation of such screening. ` .. 12.Outdoor Storage: No outdoor storage is permitted, on the subject property. No equipment, materials, or business vehicles shall be parked and/or stored outside the building or within the parking lot. 13. Parking and Driveways: All parking and driveway areas shall be maintained in compliance with the standards in Chapter 21.28 (Parking & Loading) of the Campbell Municipal Code. 14. Revocation of Permit: Operation of the restaurant with alcohol service pursuant to the Approval granted herein is subject to Sections 21.68.020, 21.68.030 and 21.68.040 of Conditions of Approval Page 5 PLN2018-229 ~ 195 E. Campbell Ave. 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 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 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 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 three (3) 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.