Loading...
PC Res 4637RESOLUTION NO. 4637 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CITY-INITIATED MODIFICATION (PLN-2022-31) TO A PREVIOUSLY APPROVED CONDITIONAL USE PERMIT AND ADMINISTRATIVE PLANNED DEVELOPMENT PERMIT (PLN-2011-283), AMENDING THE CONDITIONS OF APPROVAL FOR AN EXISTING LIQUOR ESTABLISHMENT (KHARTOUM LOUNGE) LOCATED AT 300 ORCHARD CITY DRIVE, SUITE 101. 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 numbers PLN-2022-31: 1. The subject property is located on the along Orchard City Drive, west of Railway Avenue. The site is surrounded by commercial uses to the north, east, and west, and an office complex to the south (The Water Tower Plaza) and a residential condominium community (Park Town Place) to the southwest 2. The liquor establishment is located within a 54,420 square foot building (The Water Tower Plaza) on a 1.70-acre parcel that contains both office and non-office commercial space. The establishment occupies a 2,364 square foot space on the ground floor of the building, and is accessed directly from a public parking lot facing Orchard City Drive. 3. The project site is zoned P-D (Planned Development) and is designated with a Central Commercial land use designation by the General Plan. 4. At its meeting of February 14, 2012, the Planning Commission adopted Resolution No. 4046 approving a Conditional Use Permit and Administrative Planned Development Permit (PLN 2011-283) to allow expansion of a liquor establishment (Khartoum Lounge). In approving Resolution No. 4046, the Planning Commission found that: The establishment, maintenance, or operation of the use will not be detrimental to the public health, safety, peace, morals, comfort, or general welfare of persons residing or working in the neighborhood of such proposed use. 5. Between August, 2021 and January, 2022, Campbell Police have documented over 82 calls for service at Khartoum Lounge, resulting in 10 arrests in association with alcohol service and fighting / assault. 6. Condition 5 (b) of the Conditional Use Permit for Khartoum Lounge states If the liquor 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, the Community Development Director may immediately reduce the hours of operation as follows: Planning Commission Resolution No. 4637 Page 2 of 4 300 Orchard City Dr., Suite 101 PLN-2022-31 ~ Modified Conditional Use Permit Reduced Business Hours 11:00 AM – 12:00 AM, Monday – Friday 9:30AM – 12:00 AM, Saturday – Sunday Reduced Operational Hours: 9:00 AM – 12:30 AM, Monday – Friday 7:00 AM – 12:30 AM, Saturday – Sunday Upon reducing the allowable hours of operation, the Community Development Director shall schedule a public hearing before the Planning Commission to consider modification or revocation of the Conditional Use Permit / Administrative Planned Development Permit. In exercising this authority, the decision making body may consider the following factors: • The number and types of Police Department calls for serviced at or near the establishment that are reasonably determined to be a direct result of patrons actions; • The number of complaints received from residents, business owners and other citizens concerning the operation of an establishment; • The number of arrests for alcohol, drug, disturbing the peace, fighting and public nuisance violations associated with an establishment; • The number and kinds of complaints received from the State Alcoholic Beverage Control office and the County Health Department; and • Violation of conditions of approval. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. Circumstances under which the permit was granted have been changed by the applicant to a degree that one or more of the findings contained in the original permit can no longer be made in a positive manner, and the public convenience, health, interest, safety, or welfare require modification in that: A CUP was granted on February 14, 2012. As documented by the Campbell Police Department, Khartoum has been the source of numerous calls for police service between August 2021 and January, 2022, resulting in ten (10) documented cases of alcohol service to minors and ten (10) arrests, including five for fighting / assault. These cases document that operations at Khartoum affect the public convenience, health, interest, safety or welfare and require the modification. 2. One or more of the conditions of the permit have not been substantially fulfilled or have been violated. Condition 5(b) of the Conditional Use Permit and Administrative Site Permit state that if Khartoum generates more than three verifiable complaints related to the service of Planning Commission Resolution No. 4637 Page 3 of 4 300 Orchard City Dr., Suite 101 PLN-2022-31 ~ Modified Conditional Use Permit alcohol within a six-month period, then the Community Development Director may reduce the hours of operation and schedule the establishment for a revocation / modification hearing before the Planning Commission. Between the six-month period of August, 2021 and January 2022, the Campbell Police Department received over 82 calls for service for Khartoum, resulting in ten (10) arrests in association with alcohol service and fighting / assault. 3. The improvement or use allowed by the permit has become detrimental to the public health, safety, and welfare or the manner of operation constitutes and is creating a nuisance, as determined by the decision-making body. As documented in this report, between the six-month period of August, 2021 and January 2022, the Campbell Police Department received over 82 calls for service for Khartoum, resulting in ten arrests in association with alcohol service and fighting / assault. Representatives from the Campbell Police Department have met with the owner and management staff of Khartoum to issue warnings and feedback regarding the pattern of calls for service, documented underage drinking / service of alcohol to minors, fighting, and the need to modify the establishment’s operations and procedures to address these issues. This included a meeting with between a Police Captain, the Chief of Police and the owner of Khartoum in the Fall of 2021. Despite these warnings and feedback, calls for service and documented cases of underage drinking and arrests have continued at Khartoum, including ten calls for service and two additional arrests in January 2022. These cases document that operations at Khartoum affect the public convenience, health, interest, safety or welfare and require the modification. 4. A Conditional Use Permit may be approved, with or without conditions, only if the Planning Commission (or the City Council, upon appeal) makes certain findings provided in CMC Section 21.46.040. In approving a Conditional Use Permit application, the Planning Commission (or City Council, upon appeal) may impose reasonable and necessary specific design, locational, and operational conditions relating to both on- and off-site improvements, which are intended to ensure compliance with the findings. 5. In order to make the required findings and protect the public health, safety, and welfare, as well as the integrity and character of the city, the Planning Commission (or the City Council, upon appeal) has placed appropriate conditions on the project as provided herein. 6. As conditioned in this Resolution, the modified use is allowed within the P-D (Planned Development) Zoning district with Conditional Use Permit approval, and complies with all other applicable provisions of the Zoning Code and the Campbell Municipal Code. 7. As conditioned in this Resolution, the liquor establishment (Khartoum Lounge) is consistent with the Central Commercial General Plan land use designation and the P-D (Planned Development) Zoning District. Planning Commission Resolution No. 4637 Page 4 of 4 300 Orchard City Dr., Suite 101 PLN-2022-31 ~ Modified Conditional Use Permit 8. As conditioned in this Resolution, the site is adequate in terms of size and shape to accommodate the existing building, parking, and other existing improvements in order to integrate the use with other uses in the surrounding area. 9. As conditioned in this Resolution, the 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. As conditioned in this Resolution, the modifications to the Conditional Use Permits will not increase parking demand greater than the use, as currently conditioned. 11. As conditioned in this Resolution, the design, location, size, and operating characteristics of the modified use are compatible with the existing and future land uses on-site and in the vicinity of the subject property. 12. As conditioned in this Resolution, the establishment, maintenance, or operation of the modified use at the existing location 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. 13. As conditioned in this Resolution, the modified establishment at this location will not result in an over concentration of similar uses in the surrounding area. 14. As conditioned in this Resolution, the modified use will not create a nuisance due to litter, noise, traffic, vandalism, or other factors. 15. As conditioned in this Resolution, the modified use will not significantly increase the demand on city services. 16. As conditioned in this Resolution, the modified restaurant use is consistent with the guidelines of the Downtown Development Plan in that it supports a use in the downtown that complements other retail activities in the downtown. 17. The Police Department has reviewed the modifications and is supportive of the modifications as conditioned. 18. No substantial evidence has been presented which shows that the use, as currently presented and subject to the required Conditions of Approval, will have a significant adverse impact on the environment. 19. This project is Categorically Exempt under Section 15301, Class 1 of the California Environmental Quality Act (CEQA) pertaining to the operation and permitting of an existing private structure involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. 20. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. Planning Commission Resolution No. 4637 Page 5 of 4 300 Orchard City Dr., Suite 101 PLN-2022-31 ~ Modified Conditional Use Permit THEREFORE, BE IT RESOLVED that the Planning Commission approves, a City-Initiated Modification (PLN2022-31) to a previously approved Conditional Use Permit and Administrative Planned Development Permit (PLN-2011-283) for an existing liquor establishment on property located at 300 Orchard City Drive, Suite 101, subject to the attached Revised Conditions of Approval (attached Exhibit A). PASSED AND ADOPTED this 12th day of April, 2022, by the following roll call vote: AYES: Commissioners: Fields,Ching, Buchbinder, Kamkar, Krey, Zisser NOES: Commissioners: ABSENT: Commissioners: Ostrowski ABSTAIN: Commissioners: APPROVED: Stuart Ching, Chair ATTEST: Rob Eastwood, Secretary Stuart Ching (Apr 17, 2023 20:44 PDT) AMENDED CONDITIONS OF APPROVAL City-Initiated Modification (PLN-2022-31) 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. 1. Approved Project: Approval is granted for a City-initiated Modification (PLN-2022-33) to a previously approved Conditional Use Permit and Administrative Planned Development Permit (PLN-2011-283) amending the Conditions of Approval for an existing liquor establishment (Khartoum Lounge) with late-night hour operational hours on property located at 300 Orchard City Drive, Suite 101. The configuration of the approved liquor establishment shall continue to substantially conform to the revised project plans stamped as received by the Planning Division on January 6, 2011, except as may be modified by the conditions of approval contained herein. 2. Approval Expiration: The Modified Conditional Use Permit and Administrative Planned Development approved herein (hereon "Approval") shall be valid in perpetuity on the property subject to continued exercise of this Approval and maintenance of a Type 48 (On-sale General – Public Premises) Liquor License issued by the California Department of Alcoholic Beverage Control (ABC), except upon revocation pursuant to Condition of Approval No. 7 (Revocation of Permit). Discontinuation of alcohol service for a continuous period of twelve months, as evidenced by surrender or revocation of the Type 48 License, shall void this Approval. 3. Previous Conditions of Approval: The previously approved Conditions of Approval provided in Planning Commission Resolution No. 4046 (PLN-2011-283) are hereby void and permanently superseded in their entirety by the Conditions of Approval specified herein. 4. Mandatory Review: The Planning Commission shall hold a public hearing on or about August 9, 2022, 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). Alternatively, if the Planning Commission finds that the conditions of approval have been continuously fulfilled, the Commission may extend the hours of operation as it determines appropriate. Planning Commission Resolution No. 4637 Page 2 of 4 300 Orchard City Dr., Suite 101 PLN-2022-31 ~ Modified Conditional Use Permit 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). 5. Operational Standards: Consistent with the Downtown Alcohol Beverage Policy and other City standards, any liquor establishment operating pursuant to the Conditional Use Permit / Administrative Planned Development Permit approved herein shall conform to the following operational standards: a. Patron Occupancy: Total indoor patron occupancy shall be limited to 145 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. “Maximum Occupancy” signs shall be posted conspicuously within the premises. b. Hours of Operation: Subject to ongoing compliance with the Downtown Alcohol Beverage Policy and all standards, codes, or ordinances of the City of Campbell, the following reduced hours of operation are granted. By the end of ‘Business Hours’ all patrons shall have exited the liquor establishment. By the end of the ‘Operational Hours’ all employees shall be off the premises. Reduced Business Hours 11:00 AM – 12:00 AM, Monday – Friday 9:30 AM – 12:00 AM, Saturday – Sunday Reduced Operational Hours: 9:00 AM – 12:30 AM, Monday – Friday 7:00 AM – 12:30 AM, Saturday – Sunday c. Live Entertainment: Live entertainment, limited to a disk-jockey and karaoke performance, shall be permitted subject to approval of a Live Entertainment Permit in compliance with CMC 5.24. d. Outdoor Seating: Outdoor seating is prohibited at all times. e. Semi-Arcade Permit: The business owner shall secure and maintain in good standing a Semi-Arcade Permit in compliance with CMC 5.30. f. Smoking: “No Smoking” signs shall be posted on the premises in compliance with CMC 6.11.060. g. Loitering: There shall be no loitering allowed outside the business. The business owner is responsible for monitoring the premises to prevent loitering. h. Noise: Any noises, sounds and/or voices, including but not limited to amplified sounds, loud speakers, sounds from audio sound systems, music, and/or public Planning Commission Resolution No. 4637 Page 3 of 4 300 Orchard City Dr., Suite 101 PLN-2022-31 ~ Modified Conditional Use Permit address system, generated by the establishment shall not be audible to a person of normal hearing capacity from any residential property. i. Trash & Clean Up: All exterior trash and normal clean-up activities shall occur before 11:00 PM. j. Liquor License: The business owner shall maintain in good standing a “Type 48” license from the State Department of Alcoholic Beverage Control. k. Uniform Security: Uniformed, privately provided security staff may be required in and/or around the premises when deemed necessary by the Chief of Police. l. 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. m. 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. n. Designated Driver Program: The establishment shall maintain and actively promote a designated driver program (e.g., complimentary non-alcoholic beverages for designated drivers). o. Taxicab Service: The establishment shall post in a conspicuous place the telephone numbers of local taxicab services 6. Terms of Approval: The applicant shall enter into an agreement prepared by the City Attorney pursuant to the following terms. Once the agreement is provided to the applicant, it shall be executed, including payment of the cash deposit, within five (5) business days. • Funding of Staff Costs: A $15,000 cash deposit shall be provided, which shall be used by the City for staff costs, code enforcement, legal and/or abatement actions associated with this revocation / modification hearing and all subsequent revocation / modification hearings. Any remaining funds that are unnecessary for staff costs, code enforcement, legal and/or abatement actions shall be returned to the liquor establishment 7. Revocation of Permit: Operation of the liquor establishment 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 the Conditional Use Permit or any standards, codes, or ordinances of the City of Campbell. Planning Commission Resolution No. 4637 Page 4 of 4 300 Orchard City Dr., Suite 101 PLN-2022-31 ~ Modified Conditional Use Permit 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) 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. Resol 4637 - 300 Orchard City Drive, Ste. 101 Final Audit Report 2023-04-18 Created:2023-03-30 By:Selina Perez Aquino (selinap@campbellca.gov) Status:Signed Transaction ID:CBJCHBCAABAAMq5SYOdkYQnpPxTc-1OD53ghhpHEb3J7 "Resol 4637 - 300 Orchard City Drive, Ste. 101" History Document created by Selina Perez Aquino (selinap@campbellca.gov) 2023-03-30 - 10:25:53 PM GMT Document emailed to Rob Eastwood (robe@campbellca.gov) for signature 2023-03-30 - 10:26:14 PM GMT Document e-signed by Rob Eastwood (robe@campbellca.gov) Signature Date: 2023-04-13 - 7:43:39 PM GMT - Time Source: server Document emailed to sching19@gmail.com for signature 2023-04-13 - 7:43:41 PM GMT Email viewed by sching19@gmail.com 2023-04-18 - 3:43:39 AM GMT Signer sching19@gmail.com entered name at signing as Stuart Ching 2023-04-18 - 3:44:43 AM GMT Document e-signed by Stuart Ching (sching19@gmail.com) Signature Date: 2023-04-18 - 3:44:45 AM GMT - Time Source: server Agreement completed. 2023-04-18 - 3:44:45 AM GMT Names and email addresses are entered into the Acrobat Sign service by Acrobat Sign users and are unverified unless otherwise noted.