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PC Res 4514RESOLUTION NO. 4514 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT, ADMINISTRATIVE PLANNED DEVELOPMENT, AND PARKING MODIFICATION PERMIT (PLN2019-67) TO ALLOW ESTABLISHMENT OF A BREWERY -TASTING ROOM ("LIQUOR ESTABLISHMENT") WITH "LATE -NIGHT ACTIVITIES" (11:00 PM PUBLIC CLOSING TIME) AND A REDUCTION IN THE NUMBER OF REQUIRED PARKING STALLS, ON PROPERTY LOCATED AT 469 E. CAMPBELL AVENUE. FILE NO.: PLN2019-67 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 PLN2019-67:. Environmental Findings: 1. The Proposed Project involves the conversion of a portion of one existing small structure, of approximately 1,340 square -feet, from one use to another, specifically a retail showroom to a beer -tasting establishment. 2. The Proposed Project only includes minor modifications to the exterior of the structure., 3. The Proposed Project does not involve the use of significant amounts of hazardous substances. ' 4. The Proposed Project would be served by all necessary public services and facilities, which are currently available. 5. The Project Site is zoned for the proposed beer -tasting establishment use. t 6. The Project Site and the surrounding area are not environmentally sensitive. Evidentiary Findings: 1. The Project Site is an approximately 30,000 square -foot commercial property located at the northwest corner of East Campbell Avenue at Foot Street. 2. The Project Site is improved with an approximately 7,200 square -foot commercial building, 33 parking stalls and associated site and landscaping improvements. 3. The Project Site is ,currently occupied by several commercial tenants, including a convenience market, frozen -treat shop, fitness studio, and dry-cleaners. Planning Commission Resolution No. 4514 1 Page 2 PLN2019-67 — Conditional Use Permit / Administrative P-D Permit 469 E. Campbell Avenue 4. The Project Site is located within the Central Commercial Land Use District as depicted on the General Plan Land Use Diagram. 5. The Project Site located is located within the P-D (Planned Development) Zoning District, as depicted on the Campbell Zoning Map. 6. The Project Site is within the boundaries of the East Campbell Avenue Master Plan. 7. The East Campbell Avenue Master Plan, which extends from the light rail tracks towards Highway 17, was adopted by the City Council in 2007 "to tie historic Downtown Campbell to The Pruneyard office and shopping center, thereby creating a more connected, attractive, and functional corridor," consistent with the General Plan's description of the Downtown: Downtown (General Plan Pg. LUT-35) Downtown Campbell, known sometimes as "Historic Downtown Campbell," has traditionally been centered on East Campbell Avenue in the area between Winchester Boulevard and the Vasona light rail tracks. Downtown has expanded eastward to include the rest of Campbell Avenue to the Pruneyard, and west to include the Community Center. 8. The East Campbell Avenue Master Plan specifies that allowable land uses are the same as those allowed within the Historic Downtown core (i.e., within the C-3 Zoning District), with a specific emphasis on small-scale, pedestrian -oriented commercial uses, including specialty retail, restaurants, local/neighborhood services. 9. The Proposed Project is an application for a Conditional Use Permit and Administrative Planned Development Permit (PLN2019-67) to allow a 44-seat brewery -tasting room ("liquor establishment") with "late -night activities" within a vacant 1,340 square -foot tenant space and a Parking Modification Permit to allow a .reduction in the number of required parking stalls. Only minor modifications would be made to the exterior of the structure. 10. Pursuant to the East Campbell Avenue Master Plan, "liquor establishment" with "late - night activities" are allowable land uses subject to approval of an Administrative Planned Development Permit, except that alcohol service shall require approval of a Conditional Use Permit. 11. The City Council adopted the 'Downtown Alcohol Beverage Policy', consistent with the goals and strategies 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 by which the City reviews new andmodified applications for alcohol beverage service. The Policy sets forth limitations to the hours of operation, amount of bar area seating, and alcohol beverage service that are necessary to protect the public health, safety and welfare. Planning Commission Resolution No. 4514 Page 3 PLN2019-67 — Conditional Use Permit / Administrative P-D Permit 469 E. Campbell Avenue 13.The Downtown Alcohol Beverage Policy "strong discourages" new stand-alone bars, including "nightclubs, ultra -lounges or similar establishments typically offering live entertainment and late night alcohol service." However, the Policy makes allowance to permit "wine bars" and "wine tasting establishments" that close at 11:00 PM. 14. The proposed brewery -tasting room is materially similar to a wine -tasting room in that both, (1) as licensed by the California Department of Alcoholic Beverage Control, are generally restricted to serving and selling only the alcoholic beverages produced by the winery or brewery; (2) offer tasting -pours of 2-4 ounces ("flights"), in addition to full-size servings; and (3) incorporate a retail component that allows patrons to purchase bottled and/or canned beverages for off -site consumption. 15. Based on the aforementioned similarities, a brewery -tasting room may be considered similar .to a wine -tasting room pursuant to CIVIC 21.020.010.F.1, and therefore consistent with the Downtown Alcohol Beverage Policy. 16. 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 public intoxication, vandalism, and disorderly conduct. 17.The Downtown Alcohol Beverage Policy provides that all Conditional Use Permits issued to establishments for alcoholic beverage service on -site are subject to Sections 21.68.020, 21.68.030 and 21.68.040 of the Campbell Municipal Code authorizing the appropriate decision making body to modify or revoke a Conditional Use Permit if it is determined that the sale of alcohol has become a nuisance to the City's public health, safety or welfare. 18. Under the city-wide parking standard for "eating/drinking establishment" (1 space for every 3 seats plus 1 space for every 200 square -feet of "non -dining" area), the proposed brewery -tasting room would require 17 parking spaces. Based. on the parking demand of the immediately previous use, pursuant to CIVIC Sec. 21.28.040.D.2.b., the establishment's proportional share of parking is 7 spaces, resulting in a technical deficiency of 10 spaces. This deficit is reduced slightly to eight spaces (rounded down), when the other on -site uses are taken into account. 19. The applicant contends that due the off-peak hours of the other businesses, the quick turn -around nature of the convenience market -and dry cleaners, the relatively short - stay of its brewery's patrons, and an informal parking survey, the Planning Commission should grant a Parking Modification Permit to allow a reduction in the number of required parking spaces and a corresponding increase in seating capacity. 20. The applicant's documentation has been found sufficient by the Planning Commission to establish evidence in support of the findings for a Parking Modification Permit. 21. Patrons of an alcohol -serving establishment should be discouraged from driving in the interest of public safety. Planning Commission Resolution No. 4514 Page 4 PLN2019-67 — Conditional Use Permit / Administrative P-D Permit 469 E. Campbell Avenue 22. Granting a reduction in parking would be consistent with the purpose of the City's Parking and Loading Ordinance in that it would encourage use of alternative transportation, improve the urban form of the community, and protect the public safety. 23.In review of the proposed project, the Planning Commission considered the proposed project's traffic safety, traffic congestion, site circulation, landscaping, structure design, and site layout. 24. The Planning Commission's review of the proposed project further encompassed zoning and General Plan land use conformance, noise impacts, parking, property maintenance, odors, security and enforcement, and neighborhood impacts. 25. The Planning Commission also weighed the public need for, and the benefit to be derived from, the project, against any impacts it may cause. 26. 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 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. 4514 Page 5 PLN2019-67 - Conditional Use Permit / Administrative P-D Permit 469 E. Campbell Avenue 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; 10.As conditioned, the establishment will not significantly increase the demand on city services, Administrative Planned Development Permit Findings (CIVIC 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; Late Night Activities Findings (CIVIC 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; 16. Proposed conditions of approval (if any), are sufficient to mitigate any detrimental impacts specified that may be caused by the late -night establishment. Parkinq Modification Permit Findings (CIVIC Sec. 21.12.030.H.7): 17. Due to the unique nature and circumstances of the project, or special development features, the anticipated number of parking spaces necessary to serve the use or structure is less than that required by the applicable off-street parking standard, and would be satisfied by the existing or proposed number of parking spaces, as supported by review of the applicant's documentation and/or a parking demand study prepared by a qualified transportation engineer accepted by the decision -making body; 18. Conditions of approval have been incorporated into the project to ensure the long-term adequacy of the provided off-street parking; and Planning Commission Resolution No. 4514 Page 6 PLN2019-67 — Conditional Use Permit / Administrative P-D Permit 469 E. Campbell Avenue 19. Conditions of approval have been incorporated into the project to ensure the long-term adequacy of the provided off-street parking; and 20.Approval of the parking modification permit will further the purpose of this chapter. Environmental Findings (CMC Sec. 21.38.050): 21. The project is Categorically Exempt under Section 15303(c) of the California Environmental Quality Act (CEQA) Guidelines, which exempts from environmental review the conversion of existing building area of less than 10,000 square -feet from one use to another, where only minor modifications are made to the exterior of the structure. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit, Administrative Planned Development Permit, a Parking Modification Permit to allow establishment of a brewery -tasting room ("liquor establishment") with "late -night activities" (11:00 PM public closing time), and a reduction in the number of required parking stalls, on property located at 469 E. Campbell Avenue, subject to the (attached Exhibit A)., PASSED AND ADOPTED this 9th day of July, 2019, by the following roll call vote: AYES: Commissioners: Ching, Krey, Buchbinder, Hines, Ostrowski, and Rivlin NOES: Commissioners: Rich ABSENT: Commissioners: ABSTAIN: Commissioners: APPROVED: ATTEST: Paul er oyan, Secretary CONDITIONS OF ,APPROVAL Conditional Use Permit Modification (PLN2019-63) 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 for a Conditional Use Permit and Administrative Planned Development Permit (PLN2019-67) to allow a brewery -tasting room ("liquor establishment") with "late -night activities" (11:00 PM public closing time) and a Parking Modification Permit to allow a reduction in the number of required parking stalls, on property located at 469 E. Campbell Avenue (hereon "Approval"). The approved project shall substantially conform to the Revised Project Plans and Revised Project Description, dated as received by the Planning Division on June 6, 2019, except as may be modified by the conditions of approval, contained herein. 2. Approval Expiration: This Approval shall be valid for one (1) year from the effective date of Planning Commission action (expiring July 19, 2020). Within this one-year period, an application for building permit must be submitted. 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 use in compliance with these Conditions of Approval, except upon revocation pursuant to Condition of Approval No. 7 (Revocation of Permit). 3. Mandatory Review: The Planning Commission shall hold a public hearing six months from the date a business license is issued for the, approved liquor establishment to evaluate the operation of the business. The Community Development Director shall report on the operator's compliance with the conditions of approval contained herein, any known violations of local ordinances or State laws, the Police Department's calls - for -service history for the establishment, and any reported parking or noise complaints. At such time, as based on the Community. Development Director's report, public testimony, and any additional evidence presented, the Planning Commission determines that conditions of approval have been violated or the circumstances under which the permit was granted have been changed to a degree that one or more of the findings can no longer be made in a positive manner, the Planning Commission may revoke or modify the Approval pursuant to CMC Chapter 21.28 (Revocations and Modifications). Notwithstanding the above, any violation of the conditions of approval may result in returning to the Planning Commission prior to the six-month period, pursuant to Condition of Approval No. 7 (Revocation of Permit). Prior to issuance of a building permit, the applicant shall provide a $2,000 cash deposit to cover the actual cost of staff time to conduct this review. Exhibit A - Conditions of Approval — 469 E. Campbell Avenue Page`2 PLN2019-67 — Conditional Use Permit, Admin-PD, and Parking Mod. 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 CIVIC 21.10.060.K. The allowable sign materials for the project site shall include enameled metal, painted wood, cast metal, painted fabric (awning signage), and similar materials. Plastic signage of any type, whether individual letters or as part of a box (or cabinet), shall not be approved.\ 5. Plan Revisions: The construction plans submitted for a building permit shall incorporate appropriate notes and details to demonstrate compliance with the relevant requirements of Condition of Approval No. 6 (Operational Standards). These Conditions of Approval shall also be printed on a separate sheet" behind the cover sheet. 6. Operational Standards: Consistent with Downtown Alcohol Beverage Policy and 'other City standards, any liquor establishment operating pursuant to this Approval shall conform to the following operational standards. a. Approved Use: The approved use is a "liquor establishment" with "late -night activities" and ancillary alcohol (beer) sales for off -site consumption as defined by the Campbell Municipal Code and limited by the operational standards listed herein. Activity inconsistent with these land use definitions is prohibited. b. Patron Occupancy: Patron capacity shall be limited to 44 persons, 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 approved construction drawings submitted for a building permit. d. Floor Plan: The bar shall be composed of ten (10) seats as shown on the approved project plans. At no time shall the seating be reconfigured to created large open spaces for patrons to congregate or dance. e. Hours of Operation: Hours of operation shall be as follows. By the end of the 'Business Hours' all patrons shall have exited the establishment. By the end of the 'Operational Hours' all employees shall be off the premises. Business Hours: 11:00 AM to 9:00 PM, Sunday — Thursday 11:00 AM to 11:00 PM,, Friday — Saturday Operational Hours: 10:00 AM to 10:00 PM, Sunday — Thursday 10:00 AM to 12:00 AM, Friday —Saturday Exhibit A - Conditions of Approval — 469 E. Campbell Avenue Page 3 PLN2019-67 — Conditional Use Permit, Admin-PD, and Parking Mod. f. Transit Incentive: As stipulated by the applicant, the business owner shall reimburse 100% of the transit fare costs for employees who agree to commute to work using public transportation and offer patrons a $1 discount off their first beer when they present a same -day VTA transit ticket or taxi/rideshare receipt. g. Parking Management: If the establishment results in excessive parking demand, the Community Development Director may require preparation of a parking management plan. If the parking management plan fails to adequately address the establishment's parking demand, the Community Development Director may commence a revocation hearing pursuant Condition of Approval No. 7 (Revocation of Permit). h. Food Service: The business owner shall reasonably allow patrons to bring in prepared food from outside restaurants into the establishment. Further, the business owner shall make a good faith effort to establish business relationship(s) with area restaurant(s) to allow food delivery to the establishment. Outdoor Seating: Outdoor seating is prohibited.; j. Loitering: There shall be no loitering allowed outside the business, within the parking lot, or along the adjacent sidewalk. The business owner is responsible for monitoring the premises to prevent loitering. k. Live Entertainment: Live entertainment, as defined by the Campbell Municipal Code, is prohibited. I. Cover Charge: At no time shall a cover charge be required or a donation necessary in order to patronize the establishment. m. Loud Speakers: Exterior loud speakers, exterior audio sound systems, and/or public address systems are prohibited. n. Noise: Unreasonable levels of noise, sounds and/or voices 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 immediately curtail the Hours of Operation, pursuant to . Condition of Approval No. 7 (Revocation of Permit). o. Smoking: A "No Smoking" sign shall be posted on the premises in compliance with CMC Section 6.11.060. p. Doors and Windows: Doors and windows shall remain closed after 10:00 PM. q. Trash & Clean Up: Placing of refuse and recyclable materials within the outdoor receptacles shall not occur after 10:00 PM. Refuse and recycling containers shall be kept in the enclosure at all times except when --being emptied by collection personnel. Exhibit A - Conditions of Approval — 469 E. Campbell Avenue Page 4 PLN2019-67 — Conditional Use Permit, Admin-PD, and Parking Mod. Liquor License: The business owner shall maintain in good standing a "Type 23" (Small Beer Manufacture) license issued by the Department of Alcoholic Beverage Control (ABC) for the sale of beer. s. Alcohol Sales: Only beer manufactured by the business owner pursuant to a "Type 23" (Small Beer Manufacture) ABC license shall be served or sold. within the establishment. The sale of alcoholic beverages other than beer and those produced by a different company than the license holder is prohibited. 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/Storage: No outdoor storage or outdoor activity is permitted in association with the establishment. x. City Meetings: At the discretion of the Chief of Police, periodic meetings will be conducted with representatives from the Police Department/Alcohol Beverage Control for on -going employee training on alcoholic beverage service to the general public. y. Parking and Driveways: All parking and driveway areas shall be maintained in compliance with the standards provided in CIVIC Ch. 21.28 (Parking and Loading). The property owner shall mark several stalls as time -limited, as determined by the Community Development Director. z. Security: If deemed necessary by the Police Department, the business owner shall prepare a security plan to the satisfaction of the Police Chief, including, but not limited to, provision of private security and/or security cameras. 7. Revocation of Permit: Operation of the liquor establishment pursuant to the Conditional Use Permit approved herein is subject to Sections 21.68.020, 21.68.030 and 21.68.040 of the Campbell Municipal Code authorizing the appropriate decision making body to modify or revoke a Conditional Use Permit if it is determined that the sale of alcohol has become a nuisance to the City's public 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, parking, etc.) and/or related to the service of alcohol within a twelve (12) Exhibit A - Conditions of Approval — 469 E. Campbell Avenue Page 5 PLN2019-67 — Conditional Use Permit, Admin-PD, and Parking Mod. month period, a public hearing before the Planning Commission may be scheduled to consider modifying conditions of approval or revoking its Conditional Use Permit. The Community Development Director may commence proceedings for the revocation or modification of 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 immediately restrict the establishment's Hours of Operation to address noise complaint in a timely manner. 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.