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PC Res 4695RESOLUTION NO 4695 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL GRANTING APPROVAL OF A CONDITIONAL USE PERMIT (PLN-2023-174) TO ALLOW FOR BEER AND WINE SALES (LIQUOR ESTABLISHMENT) IN ASSOCIATION WITH AN EXISTING RESTAURANT WITH A 5:00 AM OPERATIONAL OPENING (LATE NIGHT ACTIVITIES), WITH ANCILLARY COMMUNITY COOKING CLASSES AND PRIVATE EVENTS ON PROPERTY LOCATED AT 1402 CAMDEN AVENUE. 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-2023-174: 1. The Project Site is zoned NC (Neighborhood Commercial) and designated Neighborhood Commercial by the General Plan. 2. The Project Site is an approximately 16,117 square-foot parcel located on the southeast corner of Camden Avenue and Erin Way. The subject use occupies a 1,310 square-foot unit on the parcel. 3. The Project Site is currently developed with one single-story commercial building with four (4) combined tenant spaces that include a day spa, donut shop, a barbershop, and the subject restaurant. 4. The applicant is requesting approval of a Conditional Use Permit to allow for beer and wine sales (liquor establishment) in association with an existing restaurant with a 5:00 AM operational opening (late night activities), community cooking classes, and private events. 5. The existing use of the Project Site as a restaurant is allowed by-right within the NC Zoning District. The proposed use of the Project Site during “late night hours” and inclusion of beer and wine service, as described in the Project Description included in the January 23, 2024 Staff Report as Exhibit C, is allowed in the NC Zoning District through the approval of a Conditional Use Permit. 6. The business would operate between 5:00 AM through 11:00 PM Sunday through Saturday. Breakfast service would begin at 7:00 AM. 7. 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. 8. For purposes of its overconcentration analysis, to determine whether or not an "overconcentration" of liquor establishments exists, the Planning Commission Attachment A Planning Commission Resolution No. Page 2 of 4 1402 Camden Avenue Conditional Use Permit (PLN-2023-174) – Latin Asian Fusion Kitchen recognizes the Camden Avenue, inclusive of the commercial properties up to S. McGlincy Lane, as constituting the "surrounding area". 9. Approval of the Proposed Project would result in two alcohol-serving establishments within the "surrounding area", or approximately one per 7 1/2 acres. In comparison, the Campbell Plaza and Pruneyard Shopping Centers have one alcohol-serving establishment per three and one acres, respectively. 10. The site is served by 25 parking spaces on-site. The proposed “late night hours” and inclusion of beer and wine service does not affect the parking obligation of the property. 11. Allowing an existing restaurant to operate during “late night hours” and serve beer and wine will satisfy the purpose/intent of the Neighborhood Commercial General Plan land use designation which, as noted, is intended support a variety of uses, and retain businesses within Campbell. The applicant’s proposal may also be found to further the following General Plan policies and strategies: • LU-1.1: Provide for a broad range of land uses within the city that are conveniently located in proximity to transit opportunities, and provide for commercial, public, and quasi-public uses that support and enhance the livability of residential neighborhoods and districts. • LU-1.10: Maintain a variety of attractive and convenient commercial and office uses that provide needed goods, services, and entertainment for residents and visitors. • ED-2.5: Encourage retention and expansion of local businesses as appropriate to provide a range of jobs and services to residents, to retain revenue in the city, and respond to community needs for key amenities and services. • ED-2.8: Promote local purchase of goods and services by residents, workers, businesses and city government in order to retain spending within the local economy and generate revenue for the city. • N-1.1: Consider the noise compatibility of existing and future development when making land use planning decisions with an emphasis on protecting neighborhoods and people from excessive noise levels, while still accommodating new development and uses. • N-1.2: Require development projects and changes to existing uses to be consistent with the standards indicated in Table N-1 to ensure acceptable noise levels for existing and future development. • N-1.7: Continue to recognize that "late night activities" (land use activities operating from 11:00 p.m. to 6:00 a.m., not including the lawful, reasonable, and customary use of residential uses or professional offices that does not interfere with the reasonable use and enjoyment of other properties) may present a potential noise impact, and should be carefully reviewed to ensure compatibility with adjacent residences. 12. In review of 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. 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. Page 3 of 4 1402 Camden Avenue Conditional Use Permit (PLN-2023-174) – Latin Asian Fusion Kitchen 14. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: Conditional Use Permit Findings (CMC Sec. 21.46.040): 1. 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. The proposed use is consistent with the General Plan; 3. 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. 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. 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. The establishment, maintenance, or operation of the proposed use at the location proposed will not be detrimental to the comfort, health, morals, peace, safety, or general welfare of persons residing or working in the neighborhood of the proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city; Liquor Establishment Findings (CMC Sec. 21.46.070): 7. The establishment will not result in an over concentration of these uses in the surrounding area; 8. The establishment will not create a nuisance due to litter, noise, traffic, vandalism, or other factors; 9. The establishment will not significantly disturb the peace and enjoyment of the nearby residential neighborhood; 10. The establishment will not significantly increase the demand on city services; Environmental Finding(s) (CMC Sec. 21.38.050): Planning Commission Resolution No. Page 4 of 4 1402 Camden Avenue Conditional Use Permit (PLN-2023-174) – Latin Asian Fusion Kitchen 11. 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 12. 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. THEREFORE, BE IT RESOLVED that the Planning Commission grants approval of a Conditional Use Permit (PLN-2023-174) to allow for beer and wine sales (liquor establishment) in association with an existing restaurant with a 5:00 AM operational opening (late night activities), community cooking classes, and private events on property located at 1402 Camden Avenue, subject to the attached Conditions of Approval (attached Exhibit A). PASSED AND ADOPTED this 23th day of January, 2024, by the following roll call vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: APPROVED: Alan Zisser, Chair ATTEST: Rob Eastwood, Secretary Alan Zisser (Feb 15, 2024 14:27 PST) EXHIBIT A CONDITIONS OF APPROVAL Conditional Use Permit (PLN-2023-174) 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-2023-174) to allow for beer and wine sales (liquor establishment) in association with an existing restaurant with a 5:00 AM operational opening (late night activities), with ancillary community cooking classes and private events on property located at 1402 Camden Avenue. The project shall substantially conform to the Project Plans and Project Description included as Attachments B and C in the January 23, 2024 Planning Commission Staff Report, except as may be modified by the Conditions of Approval contained herein. 2. Permit Expiration: Approval of the Conditional Use Permit ("Approval") shall be valid for one (1) year from the effective date of the Planning Commission action. Within this one-year period, a Business License/Zoning Clearance must be issued or renewed and a liquor license from the Department of Alcoholic Beverage Control (ABC) must be secured. Failure to meet this deadline shall result in the Approval being rendered void. Once established, this Approval shall be valid in perpetuity on the Project Site, subject to continued maintenance of an ABC liquor license, as provided for in Condition of Approval No. 3 (Operational Standards). 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 upon an affirmative determination by the Planning Commission in a public hearing that the use has been discontinued. 3. Operational Standards: Consistent with the submitted Project Description and City standards, the restaurant use 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 to the Conditional Use Permit. • Approved Use: The approved use is a "restaurant, standard" as defined by the Campbell Municipal Code, operating with hours beginning at 5:00 AM (“late night Planning Commission Resolution No 4965 Page 2 of 3 412 E. Campbell Avenue Conditional Use Permit (PLN-2023-174) – Latin Asian Fusion Kitchen activity”) and serving beer and wine ("liquor establishment"), and as limited by the operational standards listed herein. • Business License: The business shall be required to obtain and maintain a City business license at all times. • Restaurant Seating/Patron Occupancy: Total indoor patron occupancy shall be limited to 34 seated persons, subject to the maximum occupancy capacities of certain rooms as determined by the California Building Code (CBC). At no time shall there be more than 34 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. • Hours of Operation: Hours of operation shall be as follows. By the end of "Business Hours" all patrons shall have exited the establishment. By the end of the Operational Hours" all employees shall be off the premises (except for emergencies). • Business Hours 5:00 AM – 11:00 PM, daily • Operational Hours: 7:00 AM – 11:00 PM, daily • 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. • 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. • 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. • 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. • 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. Planning Commission Resolution No 4965 Page 3 of 3 412 E. Campbell Avenue Conditional Use Permit (PLN-2023-174) – Latin Asian Fusion Kitchen • 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. • Alcohol Beverage Service: Alcohol beverage service shall only be allowed in conjunction with food service within the dining area. • Food Service: Full menu food service shall be provided at all times during the Business Hours (i.e., the kitchen shall not be closed). • 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. • Trash Disposal and Clean-Up: Refuse and recycling receptacles shall be kept within the enclosure except during collection in compliance with Chapter 6.04 of the Campbell Municipal Code. All trash disposal, normal clean-up, carpet cleaning, window cleaning, sidewalk sweeping, etc. shall occur after 6:00 AM. • Smoking: "No Smoking" signs shall be posted on the premises in compliance with CMC Section 6.11.060. • Loitering: There shall be no loitering allowed outside the business. The business owner is responsible for monitoring the premises to prevent loitering, including contacting the Police Department as necessary to enforce this requirement. • Noise: Regardless of decibel level, no noise generated by the approved shall obstruct the free use of neighboring properties so as to unreasonably interfere with the comfortable enjoyment of the neighboring residents. In the event verified complaints are received by the City regarding such noise, the Community Development Director may immediately curtail the Hours of Operation and/or commence revocation proceedings pursuant to Condition of Approval No. 6 (Revocation of Permit). The following restrictions shall also be adhered to limit potential noise impacts: • Doors shall remain closed at all times and will not be propped open to contain interior noise. • Deliveries shall be restricted to between the hours of 8:00 AM and 8:00 PM. • Outdoor speakers are prohibited. Planning Commission Resolution No 4965 Page 4 of 3 412 E. Campbell Avenue Conditional Use Permit (PLN-2023-174) – Latin Asian Fusion Kitchen • Outdoor Storage: No outdoor storage is permitted on the subject property. No equipment, materials, and/or refuse stored outside the building or within the adjacent parking lot area. • Outdoor Display: No outdoor display of merchandise is allowed on the subject property. • Lighting: On-site lighting shall be shielded away from adjacent properties and directed on-site. The final design and type of lighting fixtures and lighting intensity of any proposed exterior lighting for the project shall be reviewed and approved by the Community Development Director for compliance with the City of Campbell Lighting Design Standards (CMC Sec. 21.18.090). • Facade: Facades shall maintain floor to ceiling windows, which shall be kept clear of any obstructions to provide an inviting and attractive setting for pedestrians. • 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 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. 4. 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 include the public right-of-way adjacent to the business. 5. 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. 6. Revocation of Permit: Operation of a restaurant use during “late night hours” and beer and wine service ("liquor establishment") pursuant to this Approval is subject to Chapter 21.46 of the Campbell Municipal Code authorizing the appropriate decision Planning Commission Resolution No 4965 Page 5 of 3 412 E. Campbell Avenue Conditional Use Permit (PLN-2023-174) – Latin Asian Fusion Kitchen making body to modify or revoke an Conditional Use Permit if it is determined that its operation 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 its operation within a twelve (12) month period, a public hearing 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 permits 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. 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 customer and/or employee actions; b. The number of complaints received from residents, business owners and other citizens concerning the operation of an establishment regarding, noise, and/or other operational impacts; and c. Violation of conditions of approval. Resol 4695 - 1402 Camden Avenue (Latin Asian Fusion Kitchen) Final Audit Report 2024-02-15 Created:2024-01-26 By:Ken Ramirez (kenr@campbellca.gov) Status:Signed Transaction ID:CBJCHBCAABAAE0vuNI0nMe-YYLYruxq1lP1JyZZ-sTOY "Resol 4695 - 1402 Camden Avenue (Latin Asian Fusion Kitche n)" History Document created by Ken Ramirez (kenr@campbellca.gov) 2024-01-26 - 0:18:40 AM GMT Document emailed to Alan Zisser (alanzisser@gmail.com) for signature 2024-01-26 - 0:18:44 AM GMT Document emailed to Rob Eastwood (robe@campbellca.gov) for signature 2024-01-26 - 0:18:44 AM GMT Email viewed by Rob Eastwood (robe@campbellca.gov) 2024-01-29 - 8:29:13 PM GMT Document e-signed by Rob Eastwood (robe@campbellca.gov) Signature Date: 2024-01-29 - 8:29:24 PM GMT - Time Source: server Email viewed by Alan Zisser (alanzisser@gmail.com) 2024-02-15 - 10:26:00 PM GMT Document signing delegated to Alan Zisser (jvcv87pqs8@privaterelay.appleid.com) by Alan Zisser (alanzisser@gmail.com) 2024-02-15 - 10:26:43 PM GMT Document e-signed by Alan Zisser (jvcv87pqs8@privaterelay.appleid.com) Signature Date: 2024-02-15 - 10:27:54 PM GMT - Time Source: server Agreement completed. 2024-02-15 - 10:27:54 PM GMT