PC Res 4042RESOLUTION N0.4042
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE
PERMIT (PLN2011-287) TO ALLOW GENERAL ON-SALE
LIQUOR LICENSE IN CONJUNCTION WITH AN EXISTING
RESTAURANT (NASCHMARKT) ON PROPERTY LOCATED AT
384 E. CAMPBELL AVENUE IN THE C-3 (CENTRAL BUSINESS
DISTRICT) ZONING DISTRICT. FILE NO.: PLN2011-287
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 application PLN2011-287:
Evidentiary Findings
1. The project site is zoned C-3 (Central Business District) and designated Central
Commercial by the General Plan Land.
2. The project site consists of a 6,530 square-foot parcel, improved with a 4,060 square-foot
building.
3. The project site is located along East Campbell Avenue between North Central Avenue
and Harrison Avenue.
4. The requested Conditional Use Permit would allow a general on-sale liquor license in
conjunction with an existing restaurant.
5. The approval of a Conditional Use Permit incorporates applicable operational standards
of the Downtown Alcohol Beverage Policy.
6. Alcohol beverage service in the restaurant shall be ancillary and subordinate to the
primary purpose of serving food.
7. The restaurant would close prior to 11:00 PM and therefore is not alate-night activity.
8. The Police Department has reviewed the project and is supportive of the project as
conditioned.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
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;
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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.
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;
11.As conditioned, the establishment will be consistent with the Campbell Downtown
Alcohol Policy.
12. The project is Categorically Exempt under Section 15060(c)(2) of the California
Environment Quality Act (CEQA), pertaining to activities that will not result in a direct or
reasonably foreseeable indirect physical change to the environment.
THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional
Use Permit (PLN2011-287) to allow a general on-sale liquor license in conjunction with an
existing restaurant (NaschMarkt) on property located at 384 E. Campbell Avenue in the C-
3 (Central Business District) Zoning District.
The applicant is hereby notified, as part of this application, that he/she is required to meet
the following conditions in accordance with the ordinances of the City of Campbell and the
State of California. Where approval by the Community Development Director, 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
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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
Approved Project: Approval is granted for a Conditional Use Permit (PLN2011-287) to
allow a general on-sale liquor license in conjunction with an existing restaurant. The
project shall substantially conform to the project plans stamped as received by the
Planning Division on November 11, 2011 and the revised project description stamped as
received by the Planning Division on November 15, 2011, except as may be modified by
the conditions of approval contained herein.
2. Previous Conditional Use Permit: Upon the effective date of the Resolution approving
this Conditional Use Permit (PLN2011-287), the previously approved Conditional Use
Permit for beer and wine sales (UP 84-05) shall be void and shall permanently be
superseded by the Conditional Use Permit approved herein.
3. Conditional Use Permit Approval Expiration: The approval shall be valid for one year
from the date of final approval (December 24, 2012). Within this one-year period, a Type
47 Alcoholic Beverage Control (ABC) license must be secured or the Conditional Use
Permit shall be rendered void. Once established, approval for the general alcohol sales
shall be valid in perpetuity with continued operation of the use. Abandonment,
discontinuation, or ceasing of operations for a continuous period of twelve months shall
void the Conditional Use Permit approved herein.
4. Revocation of Permit: Operation of the use in violation of the Conditional Use Permit or
any standards, codes, or ordinances of the City of Campbell or any laws of the State of
California applicable to operation of the business, shall be grounds for consideration of
revocation of this approval by the Planning Commission.
5. Operational Standards: Consistent with Downtown Alcohol Beverage Policy and other
City standards, any restaurant operating pursuant to the Conditional Use Permit
approved herein shall conform to the following operational standards. The approved use
is a full service restaurant that includes a 36 seat dining area and an ancillary 12 seat
bar area.
a. Restaurant Seating/Patron Occupancy: Total indoor patron occupancy shall be
limited to 50 persons, consistent with the 36 dining area seats, 12 bar area seats,
and two accessible spaces. At no time shall there be more than 50 patrons within the
establishment. It is the responsibility of the business owner to provide adequate
entrance controls to ensure that patron occupancy is not exceeded.
b. Food Service: Full menu food service shall be provided at all times during the
Business Hours in the dining, outdoor seating, and bar areas (i.e., the kitchen shall
not be closed).
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c. Live Entertainment: No live entertainment is permitted as part of the Conditional
Use Permit approval, including live music, disc jockey, karaoke, and dancing. Future
requests for live entertainment shall be through approval of a Modification to the
Conditional Use Permit and shall be limited to live musicians complimentary to the
primary purpose of proving meal service.
d. Alcohol Beverage Service: Alcohol beverage service in the dining area shall only
be allowed in conjunction with food service. The dining area shall not be converted to
a bar area or dance area.
e. Bar Area Meal Service: Meal service shall be available in the bar area at all times.
f. Hours of Operation: Business Hours shall be restricted to 11:00 AM to 10:00 PM,
Sunday through Saturday. By the end of Business Hours all patrons shall have exited
the restaurant. The Hours of Operation shall be restricted to 9:00 AM to 11:00 AM,
Sunday through Saturday. By the end of the Hours of Operation all employees shall
be off the premises.
g. Outdoor Seating: Outdoor seating shall be considered part of the dining area
subject to all restrictions herein. Total patron occupancy in the outdoor seating shall
be limited to the number of approved seats as specified by an approved Outdoor
Seating Permit.
h. Loitering: There shall be no loitering allowed outside the business and within the
outside dining area. The business owner is responsible for monitoring the premises
to prevent loitering.
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
address system, generated by the establishment shall not be audible to a person of
normal hearing capacity from any residential property. In the event verified
complaints are received by the City regarding such noise, the Community
Development Director may immediately modify the business hours/hours of
operation, subject to the project being brought back to the Planning Commission for
review.
j. Trash & Clean Up: All trash, normal clean up, carpet cleaning, etc. shall not be
done in the late evening or early morning hours. All trash removal shall be done
between 6:00 AM and 11:00 PM daily.
k. Liquor License: The applicant shall obtain and maintain in good standing a Type 47
license from the State Department of Alcoholic Beverage Control for the sale of
alcoholic beverages. The license shall include the Business Hour restrictions
consistent with the Conditional Use Permit approved herein.
I. 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.
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m. Designated Driver Program: If deemed necessary by the Community Development
Director, the establishment shall maintain and actively promote a designated driver
program (e.g., complimentary non-alcoholic beverages for designated drivers).
n. Taxicab Service: The establishment shall post in a conspicuous place the telephone
numbers of local taxicab services.
o. Outdoor Activity: Other than outdoor seating, no outdoor activity (e.g., cooking) is
permitted in association with the establishment.
PASSED AND ADOPTED this 13th of December, 2011, by the following roll call vote:
AYES: Commissioners: Alster, Brennan, Ebner, Gibbons, Resnikoff, Reynolds
and Roseberry
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
~/
/~ ~~ APPROVED: ~ ~~'~~ ~ ~
Bob Roseberry, C it
ATTEST:
Kir Hei ichs, Secretary