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Admin PD - Rest Expansion - 2010CITY of CAMPBELL Community Development Department October 27, 2010 Lance Wagner 15315 La Alameda Drive Morgan Hill, CA 95037 Re: PLN2010-216 - 2455 & 2465 Winchester Boulevard Modification to Use Permit/Administrative Planned Development Permit Dear Applicant: Please be advised that at its meeting of October 26, 2010, the Planning Commission adopted Resolution No. 3998 approving an Administrative Planned Development Permit (PLN2010-216) to allow a change of use of the adjacent tenant space from retail/office to restaurant and a Modification to an existing Conditional Use Permit (PLN2008-29) to allow the continued sale of beer and wine in the expanded restaurant on the above-referenced property. This action is effective in ten calendar days, unless appealed in writing to the City Clerk by 5 p.m. on Friday, November 5, 2010. The time within which judicial review of this action must be sought lis governed by Section 1094.6 of the California Code of Civil Procedure, unless another s1tatute (such as California Government Code Section 65009 or some other applicable provision) sets forth a more specific time period. If you have any C~uestions, do not hesitate to contact me at (408) 866-2140. Sincerely, Daniel Fam~ Assistant Planner Cc: Campbell Plaza Development Co. (Property Owner) 1063 Crosspoint Court San Jose, CA 95120 RESOLUTION NO. 3998 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING AN ADMINISTRATIVE PLANNED DEVELOPMENT PERMIT (PLN2010-216) TO ALLOW A CHANGE OF USE OF THE ADJACENT TENANT SPACE FROM RETAIL/OFFICE TO RESTAURANT AND A MODIFICATION TO AN EXISTING CONDITIONAL USE PERMIT (PLN2008-29) TO ALLOW THE CONTINUED SALE OF BEER AND WINE IN THE EXPANDED RESTAURANT ON PROPERTY LOCATED AT 2455 AND 2465 S. WINCHESTER BOULEVARD IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. LANCE WAGNER. FILE NO.: PLN2010- 216. 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 considE:ration of all evidence presented, the Planning Commission did find as follows with respect to application PLN2010-216. 1. The project site is zoned Planned Development (P-D) and designated Commercial/Prof. Office/Residential in the General Plan. 2. The project site consists of an 11.3 acre shopping center known as Campbell Plaza, developed witri 126,540 square feet of building area and 647 parking spaces. 3. The project site is located at the southwest corner of South Winchester Boulevard and Budd Avenue, abutting commercial properties to the south and adjacent residential properties to tree west. 4. The Campbell Plaza Shopping Center includes three on-site sale and two off-site sale alcohol establishments. 5. The proposed project would expand an existing 1,200 square-foot tenant space utilized as a restaurant into an adjacent 1,500 square-foot tenant space-formally used a retail travel accessories store and mortgage office-resulting in a 2,700 square-foot restaurant space. 6. The existing restaurant space is permitted beer and wine sales pursuant to Conditional Use Permit PI_N2008-29 approved by the Planning Commission on April 22, 2008 by Planning Commission Resolution No. 3880. 7. Conditional Use Permit PLN2008-29 permitted the existing restaurant tenant space 48 seats as a reflection of the last known seating count for the restaurant space, pursuant to Campbell Municipal Code Sec.21.28.030(E). 8. The proposed expanded restaurant is permitted up to 69 seats, which includes the 48 previously permitted seats, in addition to new 21 seats commensurate with the available parking, pursuant to Campbell Municipal Code Sec.21.28.040(C). Planning Commission Re~~lution No. 3998 PLN2010-216 - 2455 and 2465 S. Winchester Blvd - Admin PD & Modification to CUP Page 2 9. An expansion of a restaurant with beer and wine sales is compatible with the Planned Development zoning designation with approval of an Administrative Planned Development Permit and a Modification of an existing Conditional Use Permit (PLN2008- 29). 10. The approval of an Administrative Planned Development Permit and a Modification of an existing Condlitional Use Permit (PLN2008-29) incorporates applicable operational standards of the Downtown Alcohol Beverage Policy. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed development or uses clearly would result in a more desirable environment and use of land than would be possible under any other zoning district classification; 2. The proposed development would be compatible with the general plan and will aid in the harmonious dE~velopment of the immediate area; 3. The proposed development will not result in allowing more residential units than would be allowed by other residential zoning districts which are consistent with the general plan designation of the property; 4. 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; 5. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity oi` traffic the use would be expected to generate; 6. The design, location, size, and operating characteristics of the proposed use are compatible witlh the existing and future land uses on-site and in the vicinity of the subject property; 7. The establishrment will not result in an over concentration of these uses in the surrounding area; 8. The establishrnent will not create a nuisance due to litter, noise, traffic, vandalism, or other factors; 9. The establishnnent will not significantly disturb the peace and enjoyment of the nearby residential neighborhood; 10. The establishrnent will not significantly increase the demand on city services; 11. The establishrnent, maintenance, or operation of the proposed use at the location proposed will riot 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 Planning Commission Re:,~iution No. 3998 PLN2010-216 - 2455 and 2465 S. Winchester Blvd - Admin PD & Modification to CUP Paae 3 detrimental or injurious to property and improvements in the neighborhood or to the general welfarE; of the city; and 12.This project is Categorically Exempt under Section 15060(c)(2) of the California Environment Gluality Act (CEQA), pertaining to activities that will not result in a direct or reasonably forE~seeable indirect physical change to the environment. THEREFORE, BE IT RESOLVED that the Planning Commission approves an Administrative Planned Development Permit (PLN2010-216) to allow a change of use of the adjacent tenant space from retail/office to restaurant and a Modification to an existing Conditional Use Permit (PLN2008-29) to allow the continued sale of beer and wine in the expanded restaurant on property located at 2455 and 2465 S. Winchester Boulevard in a P-D (Planned Development) 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. Additionallly, 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 Approved Project (PLN2010-216): Approval is granted for an Administrative Planned Development Permit and a Modification to an existing Conditional Use Permit (PLN2008- 29) to allow an expansion of an existing vacant restaurant space with approved beer and wine sales into an adjacent tenant space to allow the establishment of new restaurant. The project shhall substantially conform to the project plans and written description stamped as received by the Planning Division on September 8, 2010, except as may be modified by thE; conditions of approval contained herein. 2. Previous Conditions of Approval: Upon the effective date of the Resolution approving this Modification and Administrative Planned Development Permit, the previously approved Conditions of Approval (PLN2008-29) shall be void and shall permanently be superseded in their entirety by the Conditions of Approval specified herein. Conditional Use Permit Approval Expiration: The approval shall be valid for one year from the date of final approval (November 5, 2011). Within this one-year period, the use must be established on the property and a City Business License obtained or the Modified Conditional Use Permit and Administrative Planned Development Permit shall be rendered void. Once established, approvals for the use shall be valid in perpetuity Planning Commission Res..iution No. 3998 PLN2010-216 - 2455 and 2465 S. Winchester Blvd - Admin PD & Modification to CUP Page 4 with continued operation of the use. Abandonment, discontinuation, or ceasing of operations for a continuous period of twelve months shall void the Modified Conditional Use Permit anti Administrative Planned Development Permit approved herein. 4. Revocation of Permit: Operation of the use in violation of the Modified Conditional Use Permit and Administrative Planned Development Permit or any standards, codes, or ordinances of 'the City of Campbell shall be grounds for consideration of revocation of this approval by the Planning Commission. 5. Operational Standards: Consistent with Campbell Downtown Alcohol Beverage Policy and other City standards, any restaurant operating pursuant to the Modified Conditional Use Permit and Administrative Planned Development Permit approved herein shall conform the following operational standards: a. Restaurant: Seating: Total seating in the restaurant shall be limited to 69 seats, including bar seating. b. Bar Seating: The bar area shall constructed as shown on the approved plans. Future changes to the bar area shall not increase the bar seating to more than 25% of the total seating allowed for the restaurant (17 seats). c. Bar Hours: The bar shall not stay open past the hours of operation of the restaurant. d. Food Serviice: Full menu food service shall be provided at all time (i.e., the kitchen shall not be closed during the Business Hours). e. Live Entertainment: No live entertainment is permitted as part of the Modified Conditional Use Permit and Administrative Planned Development Permit approval, including live music, disc jockey, karaoke, and dancing. Future requests for live entertainment shall be through approval of a Modification to the Administrative Planned Development Permit and shall be limited to live musicians complimentary to the primary purpose of proving meal service. f. Alcohol Beverage Service: Alcohol beverage service in the dining room area shall only be allowed in conjunction with food service. The dining room area shall not be converted to a bar or dance area. g. Bar Meal Service: Meal service shall be permitted in the bar at all times. h. Hours of Operation: Business Hours shall be restricted to 11:00 AM to 10:00 PM, Monday through Sunday. By the end of Business Hours all patrons shall have exited the restaurant. The Hours of Operation shall be restricted to 7:00 AM to 11:00 PM, Monday through Sunday. By the end of the Hours of Operation all employees shall have exited the restaurant. i. Outdoor Seating: No outdoor seating is permitted as part of the Modified Conditional Use Permit and Administrative Planned Development Permit approval. Future Planning Commission Re..~lution No. 3998 PLN2010-216 - 2455 and 2465 S. Winchester Blvd - Admin PD & Modification to CUP Page 5 requests for outdoor seating shall be through approval of a Modification to the Administrative Planned Development Permit in compliance Campbell Municipal Code Sec. 21.36.150. j. Doors and Windows: All doors and windows shall remain closed after 10:00 PM. k. Loitering: There shall be no loitering allowed outside the business. The business owner is responsible for monitoring the premises to prevent loitering. Noise: Amy 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 subject use shall not be audible to a person of normal hearing capacity from any residential property. In the event complaints are received by the City regarding noise, the Community Development Director may immediately modify the hours of operation, subject to the project being brought back to the Planning Commission for review. m. Trash & CVean 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 ar~d 11:00 PM daily. n. Liquor License: Prior to application for a City Business License, the applicant shall obtain a Type 41 license from the State Department of Alcoholic Beverage Control. 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. o. Outdoor Crooking: No outdoor cooking (i.e., grilling, smoking, etc.) is permitted in associations with the establishment. 6. Smoker: Any Kroposed food smoker to be installed inside the building shall be filtered to minimize the amount of smoke and odors emitted from the exhaust hood, to the satisfaction of the Community Development Director, and shall comply with all standards and regulations of the Bay Area Air Quality Management District (BAAQMD). Building Division 7. Permits Required: A building permit application shall be required for the proposed tenant improvements to the (e) commercial structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 8. Construction Flans: The conditions of approval shall be stated in full on the cover sheet of constructions plans submitted for building permit. 9. Size of Plans: The size of construction plans submitted for building permits shall be 24 inches by 36 inches. Planning Commission Re:. ~~ution No. 3998 PLN2010-216 - 2455 and 2465 S. Winchester Blvd - Admin PD & Modification to CUP Page 6 10. Plan Preparation: This project requires plans prepared under the direction and oversight of a California licensed Engineer or Architect. Plans submitted for building permits shall be "wet stamped" and signed by the qualifying professional person. 11. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. Site plan shall also include site drainage details. Site address and parcel numbers shall also be clearly called out. Site parking and path of travel to public sidewalks shall be detailed. 12. Change in Use:: The proposed restaurant tenant improvement indicates an occupant load of greater than 50. Because of the increased occupant load, the designated building code use will become an `A' occupancy. Please incorporate all requirements for `A' occupancy in the application documents and plans. 13. Title 24 Enercly Compliance: California Title 24 Energy Standards Compliance forms shall be blue-lined on the construction plans. Compliance with the Standards shall be demonstrated 'for conditioning of the building envelope and lighting of the building. 14. Special Inspections: When a special inspection is required by U.B.C. Section 1701, the architect or engineer of record shall prepare an inspection program that shall be submitted to tree Building Official for approval prior to issuance of the building permits, in accordance with U.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 15. Non-Point Source: The City of Campbell, standard Santa Clara Valley Non-point Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet (size 24" X 36") is available at the Building Division service counter. 16. Title 24 Accessibility -Commercial: On site general path of travel shall comply with the latest California Title 24 Accessibility Standards. Work shall include but not be limited to accessibility to building entrances from parking facilities and sidewalks. 17. Title 24 Accessibility -Commercial: Projects seeking to use the Title 24 Hardship exemption clause shall blue-line completed, City of Campbell "20%" exemption form on submitted construction plans. Form is available at Building Division service counter. 18. Approvals Rey uired: The project requires the following agency approval prior to issuance of thE~ building permit: a. West Valley Sanitation District b. Santa Clara County Fire Department c. City of San Jose Dept. of Environmental Services d. Santa Clara County Department of Environmental Health 19. P.G.& E.: Applicant is advised to contact Pacific Gas and Electric Company as early as possible in they approval process. Service installations, changes and/or relocations may Planning Commission Re~.,~ution No. 3998 PLN2010-216 - 2455 and 2465 S. Winchester Blvd - Admin PD & Modification to CUP Paae 7 require substantial scheduling time and can cause significant delays in the approval process. AppNicant should also consult with P.G. and E. concerning utility easements, distribution pole locations and required conductor clearances. COUNTY FIRE DEPARTMENT 20. Kitchen Hood: Verify that the kitchen is equipped with a code-compliant UL 300 hood/duct extinguishing system that has been property maintained, inspected and tagged by a properly licensed contractor. 21. Fire Sprinklers,: Our records indicate that this building is equipped with fire sprinklers. Modifications 'to the structure, including proposed interior remodeling, may required modifications to the existing fire sprinkler system. A state of California licensed (C-16) Fire Protection Contractor shall submit plans, calculations, a completed permit application and appropriate fees to this department for review and approval prior to the beginning of work. 22. Premise Identification: Approved numbers or addresses shall be placed on all new and existing building in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background. CFC Sec. 505 PASSED AND ADOPTED thi: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: 26th day of October, 2010, by the following roll call vote: Alster, Cristina, Ebner, Gibbons, Resnikoff, Reynolds, and Roseberry None None None APPROVED: Elizabeth Gibbons, Chair ATTEST: Kirk Heinrichs, Secretary