PC Res 4474RESOLUTION NO. 4474
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT.
AND ADMINISTRATIVE PLANNED DEVELOPMENT PERMIT
(PLN2018-183) . TO ALLOW BEER AND WINE SERVICE AND
OUTDOOR SEATING IN CONJUNCTION WITH A NEW
RESTAURANT ON PROPERTY LOCATED AT 651 W. HAMILTON
AVENUE SUITE 1070 IN THE C-PD (CONDOMINIUM PLANNED
DEVELOPMENT) ZONING DISTRICT. FILE NO.: PLN2018-183
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 PLN2018-183:
Evidentiary Findings:
1. The project site is zoned C-PD (Condominium Planned Development) and designated
Commercial/Professional Office/Residential by the General Plan Land Use Element.
2. The project site is a mixed -use development located along W. Hamilton. Avenue at the
northwest corner of the San Tomas Expressway intersection consisting of two -mixed
use buildings.
3. The subject tenant space Js approximately 3,574 square feet, located on the ground
floor of the easterly building and currently vacant with no previously established use.
4. The Conditional Use Permit and Administrative Planned Development Permit
(PLN2018-183) would allow beer and wine service ("liquor establishment") and outdoor
seating at a new restaurant.
5. Pursuant to Condition of Approval No. 5 of the Planned Development Permit PLN2007-
173 approved by City Council Ordinance No. 2119, permitted uses in the C-2 (General
Commercial) zoning district shall be considered permitted uses for the approved
commercial -retail space. Conditional uses in the C-2 (General Commercial) zoning
district shall require an Administrative Planned Development Permit in compliance with
Chapter 21.12.030 of the Campbell Municipal Code (CMC).
6. Pursuant to the C-2 (General Commercial) zoning ordinance, outdoor seating with over
twelve seats is a conditional use which requires approval of an Administrative, Planned
Development Permit pursuant to the approved Planned Development Permit.
7. Pursuant to CMCI. Section 21.12.030, liquor establishments require approval of a
Conditional Use Permit.
8. As conditioned, the beer and wine service will remain incidental to the restaurant's
operation.
Planning Commission Resolution No. 4474 Page 2
PLN2018-183 — Conditional Use Permit / Administrative P-D Permit
651 W. Hamilton Avenue Suite 1070
9. The proposed public closing time of 9:00 PM does not present an impact to nearby
residences or businesses.
10. The proposed project includes 65 indoor seats, 18 outdoor seats, and 1,104 square
feet of non -dining area.
11. The 2012 approved Parking Management Plan provides the commercial uses with 72
parking spaces (55 commercial spaces plus 17 shared with residential guest spaces).
12. The property owner/manager has allocated 28 parking spaces to the subject tenant
space.
13. Pursuant to CIVIC Section 21.28.040, Table 3-1, the proposed project would result in a
parking demand of 28 parking spaces for the indoor seating and non -dining area and
an additional six parking spaces for the outdoor seating. The total parking demand for
the proposed project is 33 parking spaces which constitutes a parking deficiency of five
parking spaces.
14. The property directly west of the subject property at 771 W. Hamilton Avenue is
currently occupied by a drive -through cafe/restaurant (Starbucks) pursuant to a
Modification to a previously approved Planned Development Permit (PLN2016-315).
The parking demand generated by this use is 15 parking spaces where 21 are
provided, which results in a surplus of six spaces.
15. Pursuant to CIVIC Section 21.28.080(A), the Planning Commission may approve
parking for nonresidential uses on a directly abutting parcel subject to the recordation
of a covenant running with the land recorded by the owner of the parking area
guaranteeing that the required parking will be maintained for the life of the use or
activity served.
16.Off-site parking spaces at adjacent 771 W. Hamilton Avenue secured through a
covenant recorded on 771 W. Hamilton Avenue, in compliance with CIVIC Section
21.28.080(A), accommodates the parking requirement of the proposed outdoor seating.
17.As conditioned, the proposed project would be consistent with the following General
Plan policies and strategies:
Policy LUT-5.1: Neighborhood Integrity: Recognize that the City is composed of residential,
industrial and commercial neighborhoods, each with its own individual character;
and allow change consistent with reinforcing positive neighborhood values, while
protecting the integrity of the city's neighborhoods.
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-5.3d: Commercial Centers: Review the design, use and upgrading of commercial centers
via the discretionary permit process, and ensure that conditions of approval are
adopted that require businesses to be well kept and operated in a way that limit
impacts to adjacent uses.
Planning Commission Resolution No. 4474 Page 3
PLN2018-183 — Conditional Use Permit / Administrative P-D Permit
651 W. Hamilton Avenue Suite 1070
Strategy LUT-5.3g: Day and Evening Activities: Encourage restaurant and specialty retail uses in the
Downtown commercial area that will foster a balance of day and evening activity.
Strategy LUT-1 La: Services Within Walking Distance: Encourage neighborhood serving commercial
and quasi -public uses, such as churches, schools, and meeting halls to locate within
walking distance of residential uses.
18. 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 Findings (CIVIC 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 riot 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 (CIVIC 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. 4474 Page 4
PLN2018-183 — Conditional Use Permit / Administrative P-D Permit
651 W. Hamilton Avenue Suite,1070
10.As conditioned, the establishment will not significantly increase the demand on city
services;
Administrative Planned Development Permit Findinas (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. 21.38.05
14. 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, director
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 (PLN2018-183) to allow beer
and wine service and outdoor seating in conjunction with a new restaurant, subject to the
attached Conditions of Approval (attached Exhibit A).
PASSED AND ADOPTED this 11th day of December, 2018, by the following roll call vote:
AYES:
Commissioners: Ching, Hernandez, Krey, Ostrowski, and Rich
NOES:
Commissioners: None
ABSENT:
Commissioners: Rivlin
ABSTAIN:
Commissioners: None
ATTEST:
cif e A2�'
APPROVED:
Michael Rich, Chair
Paul'KerMoyan, Secretary
Exhibit A
CONDITIONS OF APPROVAL
Conditional Use Permit (PLN2018-183)
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
1. Approved Project: Approval is granted for a Conditional Use Permit and Administrative
Planned Development Permit (PLN2018-183) to allow beer and wine service ("liquor
establishment") and outdoor seating in conjunction with a new restaurant, on property
located at 651 W. Hamilton Avenue Suite 1070. The project shall substantially
conform to the project plans and revised project description stamped as received by the
Planning Division on November 5, 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 January 2, 2020). Within this one-
year period a Type 41 (On -Sale Beer and Wine 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 41 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.
3. 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 beer and wine ("liquor establishment"), as defined
by CMC Section 21.72.020.B 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 65 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
Conditions of Approval
PLN2018-183 — 651 W. Hamilton Avenue Suite 1070
Page 2
(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. Bar Area Seating: The bar area shall be composed of fifteen (15) bar seats as
shown on the approved project plans, including accessible (ADA) space and/or
companion seating.
e. 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.
f. 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 8:00 AM — 9:00 PM, Sunday — Thursday
8:00 AM — 10:00 PM, Friday — Saturday
• Operational Hours 7:00 AM — 10:00 PM, Sunday — Thursday
7:00 AM — 11:00 PM, Friday — Saturday
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.
i. 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. Parking Management: In the event that three (3) verifiable complaints are
received by the City regarding parking, the Community Development Director
may reduce the permitted occupancy, limit the hours of operation, require
additional parking management strategies and/or forward the project to the
Planning Commission and City Council for review.
Conditions of Approval
PLN2018-183 - 651 W. Hamilton Avenue Suite 1070
Page 3
Loitering: There shall be no loitering allowed outside the business. The
business owner is responsible for monitoring the premises to prevent loitering.
m. 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.
n. Smoking: "No Smoking" signs shall be posted on the premises in compliance
with CIVIC 6.11.060.
o. 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.
p. Liquor License: The applicant shall obtain and maintain in good standing a
Type 41 (On -Sale Beer and Wine 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.
q. 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.
r. 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.
s. 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.
t. Taxicab Service: The establishment shall post in a conspicuous place the
telephone numbers of local taxicab services.
u. Outdoor Activity: Other than outdoor seating as permitted by this approval no
outdoor activity-(e.g., cooking) is permitted in association with the establishment.
Conditions of Approval
PLN2018-183 — 651 W. Hamilton Avenue Suite 1070
Page 4
4. Parking Covenant: Prior to use of the outdoor dining area for a maximum of eighteen
(18) outdoor seats, recordation of a covenant is required in compliance with CIVIC
Section 21.28.080(A) allowing the shared use of the parking lots at 651-715 W.
Hamilton Avenue (Alvin's Corner) and 771 W. Hamilton Avenue (Starbucks) which
stipulates the following:
i. The required parking will be maintained for the life of the use or activity
served, which is eighteen (18) outdoor seats associated with a restaurant at
651 W. Hamilton Avenue Suite 1070.
ii. Both parking lots will serve the proposed parking demand for Starbucks (15
spaces where 21 are provided) and the following uses at Alvin's Corner:
.- Onr ,.Sim
P�itking Ah,61 ti,s . .
Building
Business
Classification
Status
Area (sf)
Parking Required per
Parking Required
Parking Allocated
Table 3-1
1/3 seats + 1/200 sf non
TBD
Restaurant
Planned
1,468
14.0
14.0
dining
Penny Lane
Approved
Approved &.
1,496
1/3 seats (15 seats)
5.0
Restaurant
B_5
9.0
708 (47V.)
1/200 sf non -dining
715
Yogurt
3.5
Approved, Active
mail Salon
service
71.1
1/25D sf
2..5
3.0
Building'. Permit
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Retail
825
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4.1
4.0
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Approved, Active
Realty One
Office
3,120
1/225 sf
13.9
14.0
Building Permit
Total Parking Required 77 f76.5i
Total Parking Provided On -Site 72
Total Parking Deficiency On -Site -5
iii. Shared parking areas between Alvin's Corner and Starbucks shall include
the 21 parking spaces at 771 W. Hamilton Avenue and the 55 commercial
parking spaces and 17 commercial/residential guest parking spaces at 651-
715 W. Hamilton Avenue. Signage shall be provided on both properties
identifying the shared parking areas.
iv. The current vehicular and pedestrian interior access between the properties
shall be maintained.
v. A copy of the recorded covenant shall be provided to the Community
Development Department prior to use of the outdoor seating area.
Conditions of Approval
PLN2018-183 — 651 W. Hamilton Avenue Suite 1070
Page 5
vi. In the event that the agreement between 651-715 W. Hamilton Avenue and
771 W. Hamilton Avenue is terminated, a copy of the recorded Notice of
Termination shall be provided to the Community Development Department.
In addition, all outdoor seating shall be removed and the parking demand
generated by the restaurant use shall not exceed 28 parking spaces.
vii. References to the Modification to a Planned Development Permit PLN2016-
315 for 771 W. Hamilton Avenue and to the Conditional Use Permit and
Administrative Planned Development Permit for 651 W. Hamilton Avenue.
Compliance with these requirement(s) shall be subject to the satisfaction of the
Director of Community Development. Changes found not in compliance shall
require an application for a Modification to a Conditional Use Permit.
5. Outdoor seating: Outdoor seating shall be subject to the above Parking Covenant
condition and the following standards in compliance with CIVIC Sec. 21.36.150 (Outdoor
Seating):
Outdoor seating shall be limited to the covered patio area located east of the
main entrance.
ii. Total outdoor patron occupancy is limited to eighteen (18) seats.
iii. The design, make, and location of all furniture (chairs, tables, and umbrellas,
barriers, etc.) shall require approval by the Community Development
Director.
iv. During non -business hours, chairs and tables shall be stacked, stored inside,
or otherwise secured to prevent unauthorized use
v. All outdoor furniture shall be kept clean and in good repair and replaced
and/or fixed as necessary.
6. Delivery Hours/Noise: Delivery hours shall be restricted to 8 AM to 8 PM. Signage shall
be installed at service doors notifying the restriction of delivery hours.
7. Exhaust Venting: All required kitchen venting shall utilize existing vent shafts installed
with the building's original construction.
8. 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.
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.
Conditions of Approval Page 6
PLN2018-183 — 651 W. Hamilton Avenue Suite 1070
i
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 Master Sign Plan approved for the
subject site.
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. Building Elevations, Details, and Colors: Any proposed changes to the' building
elevations, details, and colors shall be approved by the Community Development
Director prior to issuance of building permits.
13.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.
14. 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.
15. 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
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;
Conditions of Approval
PLN2018-183 — 651 W. Hamilton Avenue Suite 1070
Page 7
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.