PC Res 4046RESOLUTION NO. 4046
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
AND ADMINISTRATIVE PLANNED DEVELOPMENT PERMIT FOR
EXPANSION AND CONTINUATION OF EXISTING LATE-NIGHT
OPERATIONAL HOURS FOR AN EXISTING LIQUOR
ESTABLISHMENT (KHARTOUM LOUNGE) LOCATED AT 300
ORCHARD CITY DRIVE, SUITE 101. FILE NO.: PLN2011-283
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 PLN2011-283:
1. The project site is zoned P-D (Planned Development) and designated Central
Commercial by the General Plan Land.
2. The project site consists of a 1.70 acre parcel, improved with 87,500 square feet of
commercial space.
3. The project site is located along Orchard City Drive, west of the Railway Avenue.
4. The proposed project will allow retention of a 524 square-foot addition (conversion of
storage area) to an existing 2,364 square-foot liquor establishment.
5. An expansion of an existing liquor establishment is consistent with the C-3 (Central
Business District) zoning designation with approval of a Conditional Use Permit.
6. The maximum occupancy of the liquor establishment will increase from 140 to 145.
7. Expansion of a liquor establishment is subject to a Conditional Use Permit for review
by the Planning Commission per CMC 21.12.030.
8. An existing liquor establishment without a Conditional Use Permit is considered a non-
conforming use, subject to the provisions of CMC 21.58.040.G.
9. Continuation of late-night operational hours is subject to an Administrative Planned
Development Permit per CMC 21.58.040.8.3 and 21.12.030.H.1.d.
10. The Downtown Alcohol Beverage Policy is consistent with the goals and objectives of
the Downtown Development Plan and General Plan by reflecting the vision for the
downtown as a safe and healthy environment for all to enjoy.
11. Section 6 of The Downtown Alcohol Beverage Policy allows City consideration of an
application for expansion of an existing establishment that is currently permitted to
serve light night alcohol.
Planning Commission Resolution No. 4046
PLN2011-283 - 300 Orchard City Drive, Suite 101
Conditional Use Permit and Administrative Planned Development Permit
Page 2
12. The approval of a Conditional Use Permit incorporates applicable operational
standards of the Downtown Alcohol Beverage Policy.
13. The Police Department has reviewed the project and is supportive of the project as
conditioned.
14. The hours of operation shall be restricted to:
• Business Hours 11:00 AM - 2:00 AM, Monday -Friday
9:30 AM - 2:00 AM, Saturday -Sunday
• Operational Hours: 9:00 AM - 2:30 AM, Monday -Friday
7:00 AM - 2:30 AM, Saturday -Sunday
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;
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;
Planning Commission Resolution No. 4046
PLN2011-283 - 300 Orchard City Drive, Suite 101
Conditional Use Permit and Administrative Planned Development Permit
Page 3
10. The establishment will not significantly increase the demand on city services;
11. The proposed use would clearly result in a more desirable environment and use of
land than would be possible under any other zoning district classification;
12. The proposed use would be compatible with the general plan and will aid in the
harmonious development of the immediate area;
13. The proposed use would not be detrimental to the health, safety or welfare of the
neighborhood or of the city as a whole;
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;
17. The establishment is currently operating and has operated in good standing under the
terms of its conditional use permit and as a responsible business in the community;
18. The proposed expansion will not have a material detrimental affect on the health,
safety, and welfare of the downtown and its surrounding neighborhoods due to its size,
number of permitted occupants and general management and operation; and
19. The expansion or intensification will not adversely affect the goal of achieving a
balanced use of commercial space downtown as envisioned under the Downtown
Development plan which promotes predominantly retail and restaurant uses.
THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional
Use Permit and Administrative Planned Development Permit (PLN2011-283) for expansion
and continuation of existing late-night operational hours for an existing liquor establishment
(Khartoum Lounge). located at 300 Orchard City Drive, Suite 101.
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
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:
Planning Commission Resolution No. 4046
PLN2011-283 - 300 Orchard City Drive, Suite 101
Conditional Use Permit and Administrative Planned Development Permit
Page 4
Approved Project: Approval is granted for a Conditional Use Permit and Administrative
Planned Development Permit (PLN2011-283) for expansion and continuation of existing
late-night operational hours for an existing liquor establishment (Khartoum Lounge). The
project shall 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. Conditional Use Permit Approval Expiration: The approval shall be valid for one year
from the date of final approval (February 24, 2013). Within this one-year period, the
business owner shall secure a building permit to legalize the creation of the game room.
Once a building permit for such work is completed, approval for the expanded late-night
liquor establishment 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 City approval for the liquor establishment.
3. Revocation of Permit: Operation of the use in violation of the Conditional Use Permit /
Administrative Planned Development Permit or any standards, codes, or ordinances of
the City of Campbell shall be grounds for consideration of revocation by the Planning
Commission.
4. Building Permit Required: A building permit application shall be required for the as-built
construction of a game room. The building permit shall include electrical, plumbing, and
mechanical fees when such work is part of the 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 extended 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.
Extended Business Hours 11:00 AM - 2:00 AM, Monday -Friday
9:30 AM - 2:00 AM, Saturday -Sunday
Extended Operational Hours: 9:00 AM - 2:30 AM, Monday -Friday
7:00 AM - 2:30 AM, Saturday -Sunday
Planning Commission Resolution No. 4046
PLN2011-283 - 300 Orchard City Drive, Suite 101
Conditional Use Permit and Administrative Planned Development Permit
Page 5
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:
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
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 service 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.
c. Live Entertainment: Live entertainment, limited to adisk-jockey and karaoke
performance, shall be permitted 9:00 PM to 1:00 AM, Wednesday, Thursday, Friday,
and Saturday evenings, 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 aSemi-Arcade Permit in compliance with CMC 5.30.
Smoking: "No Smoking" signs shall be posted on the premises in compliance with
CMC 6.11.060.
Planning Commission Resolution No. 4046
PLN2011-283 - 300 Orchard City Drive, Suite 101
Conditional Use Permit and Administrative Planned Development Permit
Page 6
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
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.
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.
PASSED AND ADOPTED this 14th day of February, 2012, 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
f
APPROVED: ~
~/ -
ATTEST: -
irk Heinri s, Secretary
Theresa Alster, Chair