Mod to Admin PD and Parking Mod - Unit 120 - 2016MEMORANDUM CITY OF CAMPBELL
City Clerk's Office
To: Daniel Fama, Associate Planner Date: February 2, 2016
From: Andrea Sanders, Deputy City Clerk
Subject: Public Hearing to Consider the Appeal of a Planning Commission
Approval - 2125 S.1iVinchester Blvd.
At its regular meeting of February 2, 2016, City Council adopted resolution 11945
denying the appeal and upholding the Planning Commission approval of a
Modification (PLN2015-311) to a previously approved Administrative Planned
Development Permit (PLN2014-159) and a Parking Modification Permit (PLN2015-
312) on the property located at 2125 S. Winchester Blvd.
A certified copy of resolution 11945 is attached for your records.
RESOLUTION NO. 11945
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL DENYING AN APPEAL AND UPHOLDING APPROVAL
OF A MODIFICATION (PLN2015-311) TO A PREVIOUSLY
APPROVED ADMINISTRATIVE PLANNED DEVELOPMENT PERMIT
(PLN2014-159) AND A PARKING MODIFICATION PERMIT {PLN2015-
312) TO ALLOW OUTDOOR SEATING, AN INCREASE IN THE
NUMBER OF APPROVED SEATS, AND A REDUCTION IN THE
NUMBER OF REQUIRED ON-SITE PARKING SPACES. FOR AN
EXISTING RESTAURANT ON PROPERTY LOCATED AT .2125 S.
WINCHESTER BOULEVARD, STE. 120. FILE NO.: PLN2015-311/312
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 City Council finds as follows with regard to file numbers PLN2015-311,312:
The project site is the Merrill Gardens Residences at Campbell, amixed-use assisted
living senior housing community located along Winchester Boulevard, which is
composed of 126 age-restricted apartment units, a dementia care facility, and
approximately 17,000 square-feet of ground floor retail space.
2. The project site is within the P-D (Planned Development) Zoning District and is
designated with a Central Commercial land use designation by the General Plan.
3. The project site is also within the boundaries of the Winchester Boulevard Master Plan.
4. The Winchester Boulevard Master Plan was adopted by the City Council in 2009 with
~~
the, goal of transforming Winchester Boulevard into a vibrant mixed-use, pedestrian
oriented street, lined with ground-level businesses with residential or office above".
5. The Master Plan was adopted pursuant to General Plan Strategy LUT-5.3j in furtherance
of the area's predominant Central Commercial General Plan Land Use Designation:
Strategy LUT-5.3j: Winchester Boulevard Plan: Develop an Area Plan for Winchester Boulevard.
The Area Plan .should address specific boundaries, mix of uses, street
amenities, landscaping, building and site design. .
Central Commercial: The Central Commercial designation is used for the heart of Campbell including
parts of Campbell and Winchester Avenues in Downtown Campbell. This area is intended to provide
shopping, services and entertainment within a pedestrian oriented, urban environment. Building
forms in this designation edge the street and should include retail commercial uses on the ground
floor with either office or residential uses on the second and third floors.
6. The Winchester Boulevard Master Plan specifies that allowable land uses are the same
as those allowed within the C-3 Zoning District (i.e., Historic Downtown Campbell), with
a specific emphasis on retail and restaurants on the ground floor. As such, the existing
restaurant was found to be an allowable use, consistent with the Master Plan.
...The subject parcels predominantly have a General Plan designation of Central Commercial (C-3),
therefore Permitted, Conditional and Prohibited Uses shall be those set forth in the C-3 zoning
district.... In general, the vision for this Plan area shall be ground floor retail/restaurant, with upper floor
residential/office. It is expected that a variety of ground ,floor retail businesses and eating
establishments shall be maintained to achieve a balanced and distinctive pedestrian-oriented
experience, without an overconcentration of any one type of use.
City Council Resolution Page 2 of 4
Denying an Appeal
2125 S. Winchester Blvd., Ste. 120 - PLN2015-311/312
7. On October 22, 2014, the Community Development Director approved an
Administrative Planned Development Permit and Parking Modification Permit to allow
establishment of Scramblz,, a 49-seat breakfast and lunch restaurant. The approval did
not provide for alcohol service, outdoor seating, or live entertainment, as stipulated by
the conditions of approval.
8. The Community Development Director's approval of the Scrambl'z ,restaurant was
predicated on. the Planning Commission's acceptance of a shared parking arrangement
between Scrambl'z and Bottle and Bottega. These two businesses operate with
alternating business hours such.. that Scrambl'z is open to the public in the mornings
and early afternoon (7 AM to 2 PM) while Bottle and Bottega hold its art classes in the
later afternoon and evening (2 PM to 9 PM), minimizing parking overlap between the
two uses.
9. The alternating hours arrangement was formalized through an agreement with the
property ownership to only subsequently lease the restaurant and art studio spaces to
tenants who can abide by the approved business hours, ..and to lease the remaining
`vacant tenant space to a retail tenant (or a use with a comparable or lesser parking
demand).
10.The Modification request seeks to increase the restaurant' capacity to 87 seats,
including 75 interior seats and 12 exterior seats.
11. Under the city-wide parking standard for restaurants (1 space for every 3 seats plus 1
space for every 200 square-feet of "non-dining" area), the restaurant would require 34
parking spaces. Based on the shopping center's overall parking ratio of 1 space per
200 square-feet, the restaurant's pro-rated proportional share of parking stalls is 12,
resulting in a technical deficiency of 22 spaces. However, based on the shared parking
arrangement, the effective deficiency is 8 spaces.
12.The Winchester Boulevard Master Plan notes that all new developments .are subject to
existing city .parking requirements, but that adjustments may be approved by the
decision making body pursuant to CMC 21.28.050. This code section provides relief
from parking standards under certain circumstances through consideration of a Parking
Modification Permit.
13. The Winchester Boulevard street frontage in front of Merrill Gardens provided
approximately 16 parking spaces.
14. The Master Plan .notes that existing curbside (street) parking will be retained to
"support commercial businesses" (Pg. 19), ,recognizing that street parking along
Winchester Boulevard is principally intended to serve commercial tenants.
15. From a practical perspective, the deficit would be actualized only during Saturday and
Sunday mornings when the restaurant is at its busiest during weekend breakfast
service. In this regard, the "real-world" parking overage is fairly isolated and can be .
accommodated by the 16 on=street parking stalls. provided along the Merrill Gardens'
Winchester Boulevard street frontage
i
City Council Resolution Page 3 of 4
Denying an Appeal
2125 S. Winchester Blvd., Ste. 120 - PLN2015-311/312
16.The City Council's review of the proposed project encompassed zoning and General
Plan land use -conformance, noise impacts, parking, .property maintenance, odors,
security and enforcement.
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 development 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; .and
4. The proposed development would not be detrimental to the health, safety or welfare of
the neighborhood or of the city as a whole.
5. The establishment will not create a nuisance due to litter, noise, traffic, vandalism or
other factors; ,
6. The establishment will not significantly disturb the peace and enjoyment of the nearby
residential neighborhood; and
7. Proposed conditions of approval, are sufficient to mitigate any detrimental impacts
specified that may be caused by the late-night establishment.
8. Due to the unique nature and circumstances of the project, or special development
features, the anticipated number of parking spaces necessary to serve the use or
structure is less than that required by the applicable off-street parking standard, and
would be satisfied by the existing or proposed number of parking spaces, as supported
by review of the applicant's documentation and/or a parking demand study prepared by
a qualified transportation engineer accepted by the decision-making body;
9. Conditions of approval have been incorporated into the project to ensure the long-term
adequacy of the provided off-street parking;
10.Approval of the parking modification permit will further the purpose of this chapter; and
11.This project is Categorically Exempt under Section 15301 Class 1 of the California
Environmental Quality Act (CEQA), pertaining to the operation and leasing of an
existing private structure.
City Council Resolution Page 4 of 4
Denying an Appeal
2125 S. Winchester Blvd., Ste. 120 - PLN2015-311/312
THEREFORE, BE IT RESOLVED that the City Council denies the appeal and upholds
approval of a Modification (PLN2015-311) to a previously approved Administrative
Planned Development Permit (PLN2014-159) and a Parking Modification Permit
(PLN2015-312) to allow outdoor seating, an increase in the number of approved seats,
and a reduction in the number of required on-site parking spaces, for an existing
restaurant on property located at 2125 S. Winchester Boulevard, Suite 120, subject to
the attached Conditions of Approval (attached Exhibit "A").
PASSED AND ADOPTED this 2nd day of February, 2016, by the following roll call vote:
AYES:. COUNCILMEMBERS: Resnikoff, Cristina, Baker
NOES: COUNCILMEMBERS: Kotowski, Gibbons
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
APPROVED: •~"`- ~ ~''~-
Ja on T. Baker, Mayor
ATTEST:
Wend ood, City Clerk
THE FOREGOING INSTRUMENT IS A TRUE
AND CORRECT COPY OF THE ORIGINAL.
ON FILE IN THIS OFFICE.
ATTEST; WENDY WOOD, CI1V CLERK
,C~17Y 0 CAM W., A
BY /'~
DATED o~ ~
Community Development Department
October 23, 2014
Scrambl'z Restaurant
5055 Almaden Expressway
• San Jose, CA 95.11 E
Re: lFile hTo: PLN201.4-159/160
Address: 2125 S. Winchester Blvd, Suite 120 ~ •
Application: Administrative Planned Development Permit
Status: Approved
Dear Applicant:
On October 22, 2014, tlae Community Development Director approved your Administrative
Planned Development Permit (PLN2014-159} and a Parking 1Vlodification Permit
{PLN2014-160} to allow the establishment of a restatixant {without alcohol sales) at the
above referenced address, subject to the enclosed Conditions of Approval.
This action is effective in tezl calendar days from the date of the decision, unless appealed in
writing to the Community Development Department by 5:00 p.rn. on November 3, 2014. If an
appeal is received, you will be immediately notified of its receipt.
If you should have any questions regarding this approval, please feel free to contact me at
(408) 866-2144 or by email at MariyaH@cityofcampbell.corn.
Sincerely,
Mariya Hodge
Planner
Encl: Conditions of Approval - PLN2014-I59/1 b0
cc: Aki Honda Snelling, Planning Manager
Merrill Gardens at Campbell, c/o Ollie Peterson; 1938 Fairview Ave E, #300, Seattle, wA 98102
Marek Stolclosa, 351 S. Baywood Ave, San .lose, CA 95128 (Project Architect)