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Admin Staff Report ADMINISTRATIVE ACTION OF THE COMMUNITY DEVELOPMENT DIRECTOR December 10, 2019 PLN2019-228 Bensing, N. Application of Nicole Bensing for a Conditional Use Authorization (PLN2019-228) to allow an arts/crafts studio (Board and Brush) with ancillary alcohol (beer and wine) service, on property located at 1875 S. Bascom Avenue, Ste. 360 in the C-2-O (General Commercial / Overlay) Combining Zoning District. STAFF RECOMMENDATION That the Community Development Director take the following action: 1. Approve the Conditional Use Authorization (PLN2019-76) to allow an arts/crafts studio (Board and Brush) with ancillary alcohol (beer and wine) service, within the Pruneyard Shopping Center, subject to the attached Conditions of Approval. ENVIRONMENTAL DETERMINATION Staff recommends that the Community Development Director find that 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. PROJECT DATA Type Proposal Allowance/ Requirement Compliance (Y/N) General Plan Designation General Commercial No Change Y Zone District Designation C-2-O (General Commercial/ Overlay) Combining District No Change Y Net Lot Area 27 Acres N/A N/A Building Area 231,000 sq. ft. (main shopping center) N/A N/A Tenant Area 1,030 sq. ft. N/A Y ANALYSIS Findings to Approve a Conditional Use Authorization (Pruneyard Master Use Permit, Part IV, Section F) 1. The authorized conditional use will maintain an appropriate mix of uses within The Pruneyard; Y 2. The authorized conditional use is consistent with the Vision and Goals of the Master Use Permit; Y 3. The authorized conditional use will incorporate applicable use standards consistent with the standards in this Master Use Permit as necessary to not determinately impact other uses; and Y 4. The authorized conditional use is consistent with the applicable General Plan Land Use Policies. Y If the answer is "No" to any of the findings, list the number and response as to how the project can be made to comply with implementation of specific revisions and/or other conditions of approval. Conditional Use Authorization (Pruneyard Master Use Permit) Pg. 2 PLN2019-228 ~ 1875 S. Bascom Ave., Ste. 360 Number Response N/A Project Description The submitted application would allow establishment of an arts/crafts studio (Board and Brush) with ancillary alcohol (beer and wine) service (similar to Bottle & Bottega Campbell at Merrill Gardens) in a ground-floor tenant space within the Pruneyard (reference Attachment 3 – Map) As depicted in the attached Project Plans (reference Attachment 4) and described in the Project Description (reference Attachment 5), the studio would encompass five art tables and accommodate approximately 15 customers. Beer and wine beverages would be provided from a small “beverage center” with undercounter refrigeration units, at the entry of the tenant space. Proposed hours of operation are Monday through Friday 11:00 AM to 1:00 PM and 5:30 PM to 9:30 PM, and Saturday and Sunday 11:00 AM to 1:00 PM. Although the Pruneyard Master Use Permit does not specifically identify a studio with ancillary alcohol service as a permitted or conditional use, its constituent parts are both independently allowed upon Conditional Use Authorization by the Community Development Director. Therefore, the proposed use may be approved subject to compliance with the applicable Conditional Use Standards for both a “Studio” and a “Stand Alone Bar/Tavern, beer and wine”. The findings for approval establish that this determination is predicated on the studio use not incorporating a bar or a drinking/seating area. Public Comments Received: Explanation/Response No public comment was received on this application. Attachments: 1. Findings for Approval 2. Conditions of Approval 3. Location Map 4. Project Plans 5. Project Description Prepared by: Daniel Fama, Senior Planner Approved by: Paul Kermoyan, Community Development Director Attachment #1 FINDINGS FOR APPROVAL OF FILE NO. PLN2019-228 SITE ADDRESS: 1875 S. Bascom Ave., Ste. 360 APPLICANT: Nicole Bensing OWNER: CFEP Pruneyard, LLC DATE: December 10, 2019 Findings for a Conditional Use Authorization (PLN2019-228) to allow an arts/crafts studio (Board and Brush) with ancillary alcohol (beer and wine) service The Community Development Director finds as follows with regard to file number PLN2019-228: 1. The project site is The Pruneyard Shopping Center and Offices, a 27 acre multi-use property encompassing three professional office buildings, a hotel, a multi-building retail shopping center, and a multi-level parking garage. The property is bounded by Bascom and Campbell Avenues to the east and south, Highway 17 to the west, and the Pruneridge Plaza Apartments and the Campisi Way terminus to the north. 2. The project site is within the C-2-O (General Commercial/Overlay) Combining Zoning District as depicted on the Campbell Zoning Map adopted pursuant to Campbell Municipal Code Section 21.040.030. 3. The project site is designated by the General Plan Land Use Diagram as General Commercial, which corresponds with the above referenced Zoning District designation. 4. The project site is subject to the Pruneyard Master Use Permit, adopted by the Campbell City Council on October 18, 2016 by Resolution No. 12068. 5. As specified by the Pruneyard Master Use Permit, and as implemented by Campbell Municipal Code (CMC) Section 21.14.030, determination of conditional use approval may be considered and determined by the Community Development Director as a "Conditional Use Authorization". 6. As specified by the Pruneyard Master Use Permit and CMC Sec. 21.14.030 a "Conditional Use Authorization" may be considered through the Administrative Decision Process (CMC Ch. 21.71). 7. The proposed project is an application for a Conditional Use Authorization to allow an arts/crafts studio (Board and Brush) with ancillary alcohol (beer and wine) service. 8. Although the Pruneyard Master Use Permit does not identify a studio use with ancillary alcohol service as a permitted or conditional use, its constituent components are both independently allowed upon Conditional Use Authorization. As such, the Community Development Director has determined that a hybrid use—subject to the appropriate Conditional Use Standards—may be approved pursuant to Part III, Section J (Uses not Specified) of the Pruneyard Master Use Permit. Attachment #1 Page 2 of 2 9. This determination is predicated on the fact that the proposed studio use with ancillary alcohol service would not have a bar or patron seating, which would otherwise render it a “stand-alone bar/tavern”. 10. By virtue of the proposed studio use with ancillary alcohol service not being considered a “stand-alone bar/tavern,” the floor area that it would occupy does not count as “restaurant” space per Part IV, Section B (Land Use Maximums) of the Pruneyard Master Use Permit. 11. The proposed studio use with ancillary alcohol service is required to comply with the Conditional Use Standards for “Studios (small and large)” and “Stand Alone Bar/Tavern, beer and wine”. 12. The proposed project would be consistent with the following General Plan policies and strategies: Strategy LUT-2.4a: Full Range of Land Uses: Provide for a full range of land uses within the City, and for mixed-uses within specific development projects Policy LUT-5.3: Variety of Commercial and Office Uses: Maintain a variety of attractive and convenient commercial and office uses that provide needed goods, services and entertainment Based upon the foregoing findings of fact, the Community Development Director further finds and concludes that: 1. The authorized conditional use will maintain an appropriate mix of uses within The Pruneyard; 2. The authorized conditional use is consistent with the Vision and Goals of the Master Use Permit; 3. The authorized conditional use will incorporate applicable use standards consistent with the standards in this Master Use Permit as necessary to not determinately impact other uses; and 4. The authorized conditional use is consistent with the applicable General Plan Land Use Policies. 5. 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. Attachment #2 CONDITIONS OF APPROVAL OF FILE NO. PLN2019-228 SITE ADDRESS: 1875 S. Bascom Ave., Ste. 360 APPLICANT: Nicole Bensing OWNER: CFEP Pruneyard, LLC DATE: December 10, 2019 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: COMMUNITY DEVELOPMENT DEPARTMENT Planning Division 1. Approved Project: Approval is granted for a Conditional Use Authorization (PLN2019-228) to allow an arts/crafts studio (Board and Brush) with ancillary alcohol (beer and wine) service within the Pruneyard Shopping Center, on property located at 1875 S. Bascom Avenue, Ste. 360. The project shall substantially conform to the Project Plans and Project Description received by the Planning Division on November 26, 2019. This specifically includes a floor plan without patron seating or a physical bar. 2. Approval Expiration: The Approval granted herein shall be valid for one year from the date of the Community Development Director's decision. Within this one-year period an application for a building permit must be issued and an ABC Type 42 (On-Sale Beer and Wine for Public Premise) must be secured. Failure to meet this deadline or expiration of an issued building permit will result in the Approval being rendered void. Once established, this Approval shall be valid in perpetuity on the property. 3. Master Use Permit Conformance: Exercise of this Conditional Use Authorization is subject to continued compliance with applicable requirement of The Pruneyard Master Use Permit, including, but not limited to, the Conditional Use Standards (Part IV, Section H) for “Studios (small and large)” and “stand-alone bar/tavern,” as well as applicable General Performance Standards (Part IV, Section I). 4. Enforcement: Failure to comply with applicable requirements of the Master Use Permit is subject to all enforcement authority specified by Part I, Section P (Enforcement).