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PC Res 4641RESOLUTION NO. 4641 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL GRANTING APPROVAL OF A CONDITIONAL USE PERMIT (PLN-2022-23) FOR 136 N. SAN TOMAS AQUINO ROAD TO ALLOW THE ON-SITE SALE OF BEER AND WINE BEVERAGES ("LIQUOR ESTABLISHMENT") IN ASSOCIATION WITH AN EXISTING RESTAURANT (D.B.A. TUSTACOS TAQUERIA). 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 did find as follows with regard to application PLN-2021: 1. The Project Site is a tenant space located within the San Tomas Plaza Shopping Center. 2. The Project Site is located at the northeast corner of North San Tomas Aquino Road and West Campbell Avenue. 3. The Project Site is within the C-1 (Neighborhood Commercial) Zoning District and within the Neighborhood Commercial General Plan Land Use District as depicted on the City of Campbell Zoning and General Plan Maps, respectively. 4. The Proposed Project is an application for a Conditional Use Permit to allow the on-site sale of beer and wine beverages ("Liquor Establishment") in association with an existing restaurant (d.b.a. Tustacos Taqueria). 5. A "liquor establishment" is defined by CMC Ch. 21.72, below. In accordance with the definition of a liquor establishment, any restaurant (which includes cafés) that sells alcohol is subject to a Conditional Use Permit requirement, when specified by the applicable zoning district. "Liquor establishments" means a retail activity that is primarily devoted to the selling of alcoholic beverages as a stand-alone bar or tavern, or in conjunction with a restaurant or nightclub facility, for consumption on the premises. 6. In the C-1 (Neighborhood Commercial) zoning districts, "liquor establishments" are identified as conditional use that require approval of a Conditional Use Permit prior to establishment. 7. As conditioned, alcohol beverage service in the restaurant shall be ancillary and subordinate to the primary purpose of serving food. 8. The business would operate between 10:00 AM to 8:30 PM, Monday-Friday, and 9:00 AM to 8:30 PM on Saturday and Sunday and, accordingly, would not constitute a late- night use. 9. The Project Site provides approximately 620 shared parking spaces. The existing restaurant will not be expanded such that its parking demand remains unchanged Planning Commission Resolution No. 4641 Page 2 of 4 136 N. San Tomas Aquino Road Conditional Use Permit (PLN-2022-23) 10. The overconcentration of alcohol-serving establishments within a geographically defined area can create a cumulative impact that overwhelms the area creating an undesirable result such as drunk in public, vandalism, and disorderly conduct. 11. For purposes of its overconcentration analysis, to determine whether or not an "overconcentration" of liquor establishments exists, the Planning Commission recognizes the San Tomas Shopping Center as constituting the "surrounding area". 12. Approval of the Proposed Project would result in three alcohol-serving establishments within the San Tomas Plaza Shopping Center, or approximately one per three acres. In comparison, the Campbell Plaza and Pruneyard Shopping Centers have one alcohol-serving establishment per two and one acres, respectively. 13. The proposed project, as conditioned, would be consistent with the following General Plan policies and strategies: 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. Policy LUT-11.2: Services Within Walking Distance: Encourage neighborhood services within walking distance of residential uses 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. 14. 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. 15. In review the proposed project, the Planning Commission also weighed the public need for, and the benefit to be derived from, the project, against any impacts it may cause. 16. 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: Special Findings for Liquor Establishments (CMC 21.46.070): 1. Over concentration of uses. The establishment will not result in an over concentration of these uses in the surrounding area; 2. Not create a nuisance. The establishment will not create a nuisance due to litter, noise, traffic, vandalism, or other factors; Planning Commission Resolution No. 4641 Page 3 of 4 136 N. San Tomas Aquino Road Conditional Use Permit (PLN-2022-23) 3. Not disturb the neighborhood. The establishment will not significantly disturb the peace and enjoyment of the nearby residential neighborhood; 4. Not increase demand on services. The establishment will not significantly increase the demand on city services; 5. Downtown Alcohol Beverage Policy. The establishment would be consistent with the Downtown Alcohol Beverage Policy, when applicable; Conditional Use Permit Findings (CMC Sec. 21.46.040): 6. 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; 7. The proposed use is consistent with the General Plan; 8. 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; 9. 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; 10. 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; 11. 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; Environmental Finding(s) (CMC Sec. 21.38.050): 12. The project is Categorically Exempt under Section 15301 (Class 1) of the California Environmental Quality Act (CEQA), pertaining to the operation and leasing, and minor alteration of an existing private structure; and 13. 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. Planning Commission Resolution No. 4641 Page 4 of 4 136 N. San Tomas Aquino Road Conditional Use Permit (PLN-2022-23) THEREFORE, BE IT RESOLVED that the Planning Commission grants approval of a Conditional Use Permit (PLN-2022-23) to allow the on-site sale of beer and wine beverages ("Liquor Establishment") in association with an existing restaurant (d.b.a. Tus Tacos Taqueria) located at 136 N San Tomas Aquino Road, subject to the attached Conditions of Approval (attached Exhibit A). PASSED AND ADOPTED this 10th day of May, 2022, by the following roll call vote: AYES: Commissioners: Ching, Buchbinder, Kamkar, Krey, Rivlin, Zisser NOES: Commissioners: ABSENT: Commissioners: Ostrowski ABSTAIN: Commissioners: APPROVED: Stuart Ching, Chair ATTEST: Rob Eastwood, Secretary Stuart Ching (Apr 17, 2023 19:28 PDT) EXHIBIT A CONDITIONS OF APPROVAL Conditional Use Permit (PLN-2022-23) 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 (PLN-2022-23) to allow the on-site sale of beer and wine beverages ("Liquor Establishment") in association with an existing restaurant (d.b.a. Tus Tacos Taqueria) located at 136 N San Tomas Aquino Road. The project shall substantially conform to the Project Plans and Written Description included as Attachments 3 and 4 in the May 10, 2022 Planning Commission Staff Report, except as may be modified by the Conditions of Approval contained herein. 2. Permit Approval Expiration: The Approval granted herein shall be valid for one year from the effective date of Planning Commission action (expiring May 20, 2023). 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 a Type 41. 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 without the need for formal revocation by the decision-making body. 3. 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 the Campbell Municipal Code. New signs shall conform to the San Tomas Plaza Master Sign Plan. 4. Operational Standards: Any restaurant operating pursuant to this Approval shall conform to the following operational standards. a. Approved Use: The approved use is a "restaurant, standard" with ancillary general alcohol sales ("liquor establishment") as defined by the Campbell Municipal Code and limited by the operational standards listed herein. At no time shall the restaurant be operated as a stand-alone bar/tavern. a. Restaurant Seating/Patron Occupancy: Total indoor patron occupancy shall be limited to 32 seated persons as originally indicated by Building Permit No. BLD2007-00217, subject to the maximum occupancy capacities of certain rooms as determined by the California Building Code (CBC). At no time shall there be Planning Commission Resolution No. 4641 Page 2 of 4 136 N San Tomas Aquino Road Conditional Use Permit (PLN-2022-23) more than 32 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. b. Bar Area Seating: There shall be no separate "bar area," defined as a separate area, tables, or a room intended primarily for serving alcoholic beverages. 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: All chairs and tables within the dining area shall consists 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. e. Alcohol Beverage Service: Alcohol beverage service shall only be allowed in conjunction with food service within the dining area. f. Food Service: Full menu food service shall be provided at all times during the Business Hours (i.e., the kitchen shall not be closed). g. 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 9:00 AM – 9:00 PM, daily • Operational Hours 8:00 AM – 10:00 PM, daily h. 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. i. Outdoor Seating: Outdoor dining up to twelve (12) seats may be approved by the Community Development Director through issuance of a Zoning Clearance pursuant to CMC Section 21.36.150 provided that satisfactory parking is provided. If approved, outdoor seating shall be subject to the following standards: i. The design and make of all furniture (chairs, tables, planters, and umbrellas, etc.) shall be subject to review and approval by the Community Development Director. ii. During non-business hours, chairs and tables shall be stacked, stored inside, or otherwise secured to prevent unauthorized use Planning Commission Resolution No. 4641 Page 3 of 4 136 N San Tomas Aquino Road Conditional Use Permit (PLN-2022-23) iii. All outdoor furniture shall be kept clean and in good repair and replaced and/or fixed as necessary. iv. Exterior heaters shall be electric or natural gas. Propane heaters are prohibited unless the Community Development Director approves a propone canister enclosure. v. The operational standards of this Conditional Use Permit shall apply to the outdoor seating area. j. Loitering: There shall be no loitering allowed outside the business. The business owner is responsible for monitoring the premises to prevent loitering. k. 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. 5 (Revocation of Permit). l. Smoking: “No Smoking” signs shall be posted on the premises in compliance with CMC Section 6.11.060. m. Trash & Clean Up: All trash disposal (except for glass bottles as noted below), normal clean-up, carpet cleaning, window cleaning, sidewalk sweeping, etc. shall occur during the "operational hours." Refuse and recycling receptacles shall be kept within the enclosure except during collection in compliance with CMC Ch. 6.04 (Garbage and Refuse Disposal). n. Glass Bottles: Glass bottles shall be discarded no later than 9:00 PM daily. o. 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 Department of Alcoholic Beverage Control for the sale of alcoholic beverages in conjunction with the restaurant. 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 ABC. 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. Parking and Driveways: All parking and driveway areas shall be maintained in compliance with the standards provided in CMC Ch. 21.28 (Parking and Loading). s. Property Maintenance: The business owner shall maintain all exterior areas of the business free from graffiti, trash, and rubbish. Planning Commission Resolution No. 4641 Page 4 of 4 136 N San Tomas Aquino Road Conditional Use Permit (PLN-2022-23) t. Outdoor Activity: Other than outdoor seating, no outdoor activity (e.g., cooking) is permitted in association with the establishment. u. Storefront Glazing: All storefront glazing shall remain unobscured, except for the 25% of window area permitted to be occupied with window signage. v. 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. w. Landscape Maintenance: The owner/operator of the property shall provide on- going maintenance of the required landscaping for the project. 5. Revocation of Permit: Operation of the restaurant with alcohol service 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 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 this Approval 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, etc.) and/or related to the service of alcohol within a twelve (12) month period, a public hearing before the Planning Commission may be scheduled to consider modifying conditions of approval or revoking of the Approval. 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. Resol 4641 ~ 136 N STAR (Tustacos CUP) Final Audit Report 2023-04-18 Created:2023-03-30 By:Selina Perez Aquino (selinap@campbellca.gov) Status:Signed Transaction ID:CBJCHBCAABAA8KTvrGPPzxOB_JVDMyBEfR8JOliNMXNK "Resol 4641 ~ 136 N STAR (Tustacos CUP)" History Document created by Selina Perez Aquino (selinap@campbellca.gov) 2023-03-30 - 10:29:36 PM GMT Document emailed to Rob Eastwood (robe@campbellca.gov) for signature 2023-03-30 - 10:30:20 PM GMT Document e-signed by Rob Eastwood (robe@campbellca.gov) Signature Date: 2023-04-13 - 7:31:16 PM GMT - Time Source: server Document emailed to sching19@gmail.com for signature 2023-04-13 - 7:31:17 PM GMT Email viewed by sching19@gmail.com 2023-04-18 - 2:27:44 AM GMT Signer sching19@gmail.com entered name at signing as Stuart Ching 2023-04-18 - 2:28:23 AM GMT Document e-signed by Stuart Ching (sching19@gmail.com) Signature Date: 2023-04-18 - 2:28:25 AM GMT - Time Source: server Agreement completed. 2023-04-18 - 2:28:25 AM GMT Names and email addresses are entered into the Acrobat Sign service by Acrobat Sign users and are unverified unless otherwise noted.