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Mod to Use Permit - 2002 CITY oF CAMPBELL Community Development Department - Current Planning May 29, 2002 Alan Gragnani/George Lopez The Wine Library 379 E. Campbell Avenue Campbell, CA 95008 Re: PLN2002-43 - 379 E. Campbell Ave -Modification of Use Permit - The Wine Library Dear Applicant: Please be advised that at its meeting of May 28, 2002, the Planning Commission adopted Resolution No. 3434 approving a Modification (PLN2002-43) to a previously-approved Conditional Use Permit to allow the expansion of the interior tasting area from 100 to 400 square feet, approval to serve wine in a defined outdoor seating space adjacent to the Campbell Avenue entrance accommodating 10 to 12 seats and establishment of a mar smoking/patio area 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, June 7, 2002. California Code of Civil Procedure, Section 1094.6, governs the time within which judicial review of this decision must be sought. If you have any questions, please do not hesitate to contact me at (408) 866-2140. Sinc Associate Planner CC: Frank Mills, Building Department Harold Housley, Public Works Chris Veargason, County Fire Jeff Wyatt (Property Owner) 14630 Horseshoe Drive Saratoga, CA 95070 70 North First Street . Campbell, California 95OO8-1436 - TEL 408.866.2140 · F^X 408.866.8381 - TDD 408.866.2790 RESOLUTION NO. 3434 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A MODIFICATION (PLN2002-43) TO A PREVIOUSLY APPROVED CONDITIONAL USE PERMIT FOR THE WINE LIBRARY TO AIJ~OW THE EXPANSION OF THE INTERIOR TASTING AREA FROM 100 TO 400 SQUARE FEET, APPROVAL TO SERVE WINE IN A DEFINED OUTDOOR SEATING AREA ADJACENT TO THE CAMPBELL AVENUE ENTRANCE ACCOMMODATING 10 TO 12 SEATS AND ESTABLISHMENT OF A REAR SMOKING/PATIO AREA ON THE PROPERTY OWNED BY MR. JEFF WYATT 3'/9 E. CAMPBELL AVENUE IN THE C-3-S (CENTRAL BUSINESS DISTRICT) ZONING DISTRICT. APPLICATION OF MR. ALAN GRAGNANI AND MR. GEORGE LOPEZ, ON BEHALF OF TIlE WINE LIBRARY. FII JE NO. PLN2002-43. 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 PLN2002-43: 1. The proposed on and off-sale beer and wine license is consistent with the commercial land use designation of the General Plan and the C-3-S (Central Business District) zoning designation for the site with approval of a Conditional Use Permit. 2. The proposed retail business with an on and off sale beer and wine license is compatible with the surrounding development and uses. 3. The proposed addition of an on and off-sale beer and wine license does not represent an intensification of a permitted retail use in this building. The proposed site is adequate in size and shape to accommodate commercial improvements and other development features required in order to integrate the proposed use into the surrounding area. 5. The proposed beer and wine license provides for the public necessity and convenience by providing the sale of specialty wines and other products associated with this retail business. 6. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. Based on the foregoing findings of fact, the Planning Commission further finds and concludes that: Planning Commission Resolution No. 3434 PLN2002-43 - 379 E. Campbell Avenue - Modification to Use Permit - The Wine Library Page 2 1. The establishment will not result in an over concentration of such uses in the area; 2. The establishment will not create a nuisance due to noise, litter, vandalism, traffic and other factors; 3. The establishment will not significantly disturb the peace and eajoyment of the nearby neighborhood. 4. The establishment will not significantly increase the demand on city services, and o The establishment, maintenance, or operation of the use will not be detrimental to the public health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or in~urious to property and improvements in the neighborhood or to the general welfare of the City. NOW, THEREFORE, BE IT RESOLVED that the Planning COmmission approves a Modification (PLN2002-43) to a previously-approved Conditional U~e Permit for The Wine Library to allow the expansion of the interior tasting area from 100 to 400 square feet, approval to serve wine in a defined outdoor seating area adjacent to the Campbell Avenue entrance accommodating 10 to 12 seats and establishment of a rear smoking/patiO area on property owned by Mr. Jeff Wyatt at 379 E. Campbell Avenue, subject to the following Conditions: Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shal! be for compliance with all applicable conditions of approval, adopted policies and guidelineis, 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 fall 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 Modification (PLNI 2002-43) to a previous Conditional Use Permit (PLN 2001-108) to allowing the establishment of an on and off sale beer and wine license in conjunction with a retail wine sales busine}ss on property located at 379 E. Campbell Avenue. Approval shall substantially conform to !he project exhibits listed below, except as may be modified by the Conditions of Approval contained herein: A. Floor plan of Wine Library dated April 30, 2002. Planning Commission Resolution No. 3434 PLN2002-43 - 379 E. Campbell Avenue - Modification to Use Permit - The Wine Library Page 3 i o with incidental wine tasting. Hours of Operation: Business hours shall be restricted to the following: Applicant's project description received April 19, 2002 of relail wine sales business Restriction of tasting/sales area: Alcohol tasting area for on-site corn umption to be restricted to 406 square feet or 30 percent of the interior floor area as shown on the approved floor plan and an outside seating area of 130 square feet. The primary floor spa~e and business use shall be for the retail sale of wine and wine accessories for off-site consumption. / Location of Mechanical Equipment: No new roof-mounted and/or ground level mechanical equipment, i.e. air conditioning units, shall be located on or adjacen[ to the building without providing screening of the mechanical equipment from public viewt Screening material and method shall require review and approval by the Community DevelOpment Director prior to the installation of such mechanical equipment. Trash and Recycling Enclosure: The applicant shall submit details location of a trash and recycling enclosure(s) necessary to serve Planning Division for review and approval by the Community Deve the issuance of building permits for the project. The design of compatible with the building and shall meet the requirements of Campbell Municipal Code. Conditional Use Permit Approval Expiration: The modification to approval shall be valid for one year from the date of final approv period either (1) a building permit must be obtained, and construc~ thereafter; or (2) the use must be established on the property (i required). Failure to complete (1) or (2) above will result in the Cond void. State Licensing: Prior to the establishment of alcohol sales, appli{ licensing from the California State Department of Alcohol and Bever Building Division Permit required: A building permit application shall be required for The building permit shall include Electrical/Plumbing/Mechanical part of the permit. 9. Construction Plans: The conditions of Approval shall be stated in construction plans submitted for building permit. egarding the design and he proposed use to the )pment Director prior to the enclosure shall be ;ection 6.04.080 of the 2onditional Use Permit ~1. Within this one-year ion completed one year no building permit is tional Use Permit being ant to obtain necessary tge Control. he proposed occupancy. 'ees when such work is fll on the cover sheet of Daily 9:00 a.m. to 11:00 p. m Planning Commission Resolution No. 3434 PLN2002-43 - 379 E. Campbell Avenue - Modification to Use Permit - Page 4 10. Size of Plans: The minimum size of construction plans submitted f{ be 24 in. × 36 in. 11. Plan Preparation: This project requires plans prepared under the dire California licensed Engineer or Architect. Plans submitted for buildi stamped" and signed by the qualifying professional person. 12. Site Plan: Application for building permit shall include a competen property and proposed structures with dimensions and elevations a,' shall also include site drainage details. Site address and parcel numl called out. Site parking and path of travel to public sidewalks shall b, 13. Title 24 Energy Compliance: California Title 24 Energy Standards be blue-lined on the construction plans. Compliance with demonstrated for conditioning of the building envelope and lighting 14. Special Inspections: When a special inspection is required by 1. architect or engineer of record shall prepare an inspection program the Building Official for approval prior to issuance of the buildin with U.B.C Section 106.3.5. Please obtain City of Campbell, Spec the Building Inspection Division Counter. 15. Non-point source Pollution: The City of Campbell, standard Santa Source Pollution Control Program specification sheet shall be part specification sheet (size 24" X 36") is available at the Building Divis 16. Title 24 Accessibility-Commercial: On site general path of trave latest California Title 24 Accessibility Standards. Work shall inclt accessibility to building entrances from parking facilities and sidewa 17. Title 24 Accessibility-Commercial: Projects seeking to use the Titk clause shall blue-line completed, City of Campbell "20%" exem! construction plans. Form is available at Building Division service cc 18. Approval required: The project requires the following agency appt the building permit: a. West Valley Sanitation District b. Santa Clara County Fire Department c. Santa Clara County Department of Environmental Health ?he Wine Library r building permits shall :tion and oversight of a lg permits shall be "wet site plan that identifies appropriate. Site plan .ers shall also be clearly detailed. 2ompliance forms shall ~e Standards shall be the building. kC. Section 1701, the tat shall be submitted to permits, in accordance Inspection forms from Clara Valley Non-point of plan submittal. The on service counter. . shall comply with the de but not be limited to ks. 24 Hardship exemption tion form on submitted anter. >val prior to issuance of Planning Commission Resov.aon No. 3434 PLN2002-43 - 379 E. Campbell Avenue - Modification to Use Permit - Page 5 Police Department 19. Designated Driver Program: The applicant shall submit for a Department a designated driver program as required by section 21.26 Municipal Code. PASSED AND ADOPTED this 28th day of May, 2002, by the following AYES: NOES: ABSENT: ABSTAIN: ATTEST: ['he Wine Library ~proval to the Police 030(8) of the Campbell >11 call vote: Commissioners: Commissioners: Commissioners: Commissioners: Sharon Fierro, Secretary Alderete, Doorley, Francois, Gibbo None Hemandez None APPROVED: s and Jones Tom Francois, Chair CAMPBELL STAFF REPORT - PLANNING COMMISSION ME May 28, 2002 PLN 2002-43 Gragnani, A. Public Hearing to consider the application of Mr. Alan (2 George Lopez, on behalf of The Wine Library, for a Mc 2002-43) to a previously-approved Conditional Use Pei 108) to allow the expansion of the interior tasting area square feet, approval to serve wine in a defined outdoor the establishment of a rear smoking/patio area on proper Jeffrey Wyatt located at 379 E. Campbell Avenue in Business District) Zoning District. STAFF RECOMMENDATION That the Planning Commission take the following action: Adopt a Resolution, incorporating the attached findings, approvi~ 2002-43) to a previously-approved Use Permit (PLN 2001-108), Conditions of Approval, and find that this project is categoricall> 15301 of the California Environmental Quality Act (Section 21000 Public Resources Code), Class 1, pertaining to minor interior am existing facilities. PROJECT DATA Net lot Area: Building Coverage: Landscaping: Paving: Parking Required: Parking Provided: 1,760 square feet 1,624 square feet 92% (includes 294 square feet of adjacent ten none 0% 136 square feet 8% 100% 0 spaces 0 spaces Retail uses and standard res occupy existing buildings w additional parking unless th ITEM NO. 2 gTING OF ragnani and Mr. rlification (PLN nit (PLN 2001- ?om 100 to 400 seating area and y owned by Mr. C-3-S (Central ~ a Modification (PLN ubject to the attached exempt under Section :t seq. of the California exterior alterations to ~nt) aurant are allowed to ~thout providing building is expanded. Staff Report - Planning Commission Meeting of May 28, 2002 PLN2002-43 - 379 E. Campbell Avenue. - Alan Gragnani and George Page 2 Retail Space: Tasting Area: Storage/Hall/Restrooms/Office: Exterior Tenant Space: Front Patio: Rear Patio: Proposed Hours of Operation: 732 square feet 406 square feet 210 square feet 1,348 square feet 130 square feet (sidewalk) 113 square feet Monday - Saturday: 10:00 a.m. to 7:00 Sunday: 9:00 a.m. to 2:00 ~opez Recommended Hours of Operation: Daily 9:00 a.m. to 11:00 p.m. DISCUSSION Background: The Planning Commission at its meeting of October 30, 2 )01, adopted Resolution No. 3392 approving a Conditional Use Permit to allow an on sale am off sale beer and wine license in conjunction with the applicant's retail wine business. Tie applicant's approval restricted the tasting area to 100 square feet of the 1,348 square foot buil~ ling area. Applicant's Proposal: The applicant is requesting approval of a modific~ tion to this previous use permit approval to allow the following changes: · Expansion of the tasting area to approximately 400 square feet 30 percent of the floor area; · Permission to serve wine in an outdoor patio area of 130 sc are feet adjacent to the business entrance along East Campbell Avenue; and · Fencing of the rear entry walkway area of 113 square feet w th a wrought railing to provide a smoking area. The project site is located on the north side of Campbell Avenue betw{ ~n Central and Harrison Avenues. The site is surrounded by the following uses: North: Offices South: Retail and service commercial uses West: Retail, office, and pub East: Offices and Retail ANALYSIS General Plan Designation: The General Plan land use designation for le project site is Central Commercial. A retail wine business is consistent with the commercial 1~ ~d use designation of the site. Zoning Designation: The zoning designation for the project site is t~-3-S (Central Business District). The proposed retail use is a permitted within the C-3-S zone. The addition of a beer and wine license required approval of a Conditional Use Permit. Staff Report - Planning Commission Meeting of May 28, 2002 PLN2002-43 - 379 E. Campbell Avenue. - Alan Gragnani and George Page 3 Redevelopment Plan: The proposed project allows the establishment of the goals and policies of the Redevelopment Plan by allowing the devek businesses in the Downtown Core. The Redevelopment Plan facilit, downtown as an economically viable commercial district. Conditional Use Permit Modification The applicant is requesting approval to modify their prior approval to all, · Expansion of the tasting area to approximately 400 square feet area; · Permission to serve wine in an outdoor patio area of 130 s( business entrance along East Campbell Avenue; and · Fencing of the rear entry walkway area of 113 square feet w provide a smoking area. · Extend the operational hours until 11 p.m. Staff is supportive of the applicant's request and considers the prop( complement to the variety of retail businesses in the downtown area. Parking: The property is currently developed with an existing single st( No parking is provided on site, consequently, customers and employees and public parking facilities. Retail uses within existing buildings in th required to provide additional parking unless the building is expanded o~ Operational Hours: The applicant's description indicates that their opera 10 a.m. to 7 p.m. Monday through Saturday and Sundays 9 a.m. to 2 p.m Staff is recommending a restriction of operational hours from 9:00 typical of most commercial uses. These hours allow additional latitude requested by the applicant and accommodate special tasting groups requested later hours. Liquor Establishments: Staff previously prepared the attached exhibit tt liquor establishments within the vicinity of the project. The establishm beer and wine license in conjunction with this retail establishment d concentration of such establishments. Additionally, it allowed the ap[ provide specialty items for their customers with an exclusive wine tastin Police Department Review: The Campbell Police Department has revi has no concerns or objections to the proposed modifications to the prior Architectural Improvements: The property owner is participating in the Program with the Redevelopment Agency. The new storefront im decorative railing and future lighting and signing. The applicant will pr( the lighting and signing improvements. ,opez a retail use that furthers )ment of desirable retail es the development of ,w the following: 30 percent of the floor are feet adjacent to the th a wrought railing to sed use as a reasonable ry commercial building. rill need to use on street .,downtown area are not the use is intensified. ional hours will be from .m. to 11:00 p.m. daily n operational hours than that have on occasion at illustrated the various ~,nt of an on and off-sale d not represent an over licant an opportunity to counter. wed the application and tpproval. Storefront Improvement )rovements include the :ess separate permits for Staff Report - Planning Commission Meeting of May 28, 2002 PLN2002-43 - 379 E. Campbell Avenue. - Alan Gragnani and George Page 4 Site and Architectural Review Committee: The Site and Architect~ reviewed this application at its meeting of May 14, 2002. The Commit! proposed modification with an added condition that chairs and tables patio area thus hindering access to the business. Attachments: 1. Findings for approval of PLN 2002-43 2. Conditions of Approval for PLN 2002-43 3. Planning Commission Resolution No. 3392 and Planning Commissi, 4. Applicant's Letter of Request for a Modification to their Use Permit 5. Vicinity Map of Local Liquor Establishments 6. Exhibits 7. Location Map Prepared by: Tim J. Ha'te~, ~ssociate Planner ~ Approved by: Geoff I. Bradley, Senior Planner ? ~opez ral Review Committee :e was supportive of the tot permitted in the rear n minutes. [pproval o FINDINGS FOR APPROVAL OF FILE NO. PLN 2002-43 SITE ADDRESS: 379 E. Campbell Avenue APPLICANT: Alan Gragnani and George Lopez P.C. MEETING: May 28, 2002 Findings for Approval of Modification (PLN 2002-43) to a previous 108) to allow an on and off-sale beer and wine license in an existing Attachment #1 The Planning Commission finds as follows with regard to File No. PLN The proposed on and off-sale beer and wine license is consistent witt use designation of the General Plan and the C-3-S (Central Business designation for the site with approval of a Conditional Use Permit. The proposed retail business with an on and off sale beer and wine Ii. the surrounding development and uses. The proposed addition of an on and off-sale beer and wine license dc intensification of a permitted retail use in this building. The proposed site is adequate in size and shape to accommodate corr and other development features required in order to integrate the prol surrounding area. The proposed beer and wine license provides for the public necessity providing the sale of specialty wines and other products associated w There is a reasonable relationship and a rough proportionality betwee Approval and the impacts of the project. Based on the foregoing findings of fact, the Planning Commission furthe that: 0 The establishment will not result in an over concentration of such us, The establishment will not create a nuisance due to noise, litter, van factors; The establishment will not significantly disturb the peace and e~ neighborhood. 'se Permit (PLN 2001- commercial building 2002-043: the commercial land )istrict) zoning :ense is compatible with :s not represent an mercial improvements ~osed use into the and convenience by th this retail business. n the Conditions of r finds and concludes :s in the area; :lalism, traffic and other ~joyment of the nearby 4. The establishment will not significantly increase the demand on city ,ervices, and Findings - Planning Commission Meeting of May 28, 2002 PLN2002 -- 43 379 East Campbell Avenue - The Wine Library Page 2 The establishment, maintenance, or operation of the use will not be ~ health, safety, peace, morals, comfort or general welfare of persons the neighborhood of such proposed use, or be detrimental or inj improvements in the neighborhood or to the general welfare of the C tetrimental to the public residing or working in urious to property and ry. PLANNING COMMISSION CONDITIONS OF APPROVAL FOR FILE SITE ADDRESS: APPLICANT: P.C. MEETING: 379 East Campbell Avenue Allan Gragnani & George Lopez May 28, 2002 The applicant is hereby notified, as part of this application, that he/sh, following conditions in accordance with the ordinances of the City of of California. Where approval by the Community Development E Public Works Director, City Attorney, or Fire Department is required. compliance with all applicable Conditions of Approval, adopted l ordinances, laws and regulations, and accepted engineering practi~ review. Additionally, the applicant is hereby notified that he/she is ret applicable Codes or Ordinances of the City of Campbell and the State to this development and are not herein specified: COMMUNITY DEVELOPMENT DEPARTMENT Planning Division 1. Approved Project: Approval is granted for a Modification (PLN Conditional Use Permit (PLN 2001-108) to allowing the establishn beer and wine license in conjunction with a retail wine sales busim 379 E. Campbell Avenue. Approval shall substantially conform to below, except as may be modified by the Conditions of Approval c~ A. Floor plan of Wine Library dated April 30, 2002. B. Applicant's project description received April 19, 2002 of n with incidental wine tasting. 2. Hours of Operation: Business hours shall be restricted to the followi Daily 9:00 a.m. to 11:00 p. m Restriction of tasting/sales area: Alcohol tasting area for on-site con to 406 square feet or 30 percent of the interior floor area as shown o and an outside seating area of 130 square feet. The primary floor spa be for the retail sale of wine and wine accessories for off-site consun Location of Mechanical Equipment: No new roof-mounted and/or equipment, i.e. air conditioning units, shall be located on or adjacer providing screening of the mechanical equipment from public view method shall require review and approval by the Community Devel the installation of such mechanical equipment. 5. Trash and Recycling Enclosure: The applicant shall submit details location of a trash and recycling enclosure(s) necessary to serve Attachment #2 NO. PLN 2002-43 : is required to meet the Campbell and the State ,irector, City Engineer, that review shall be for ~olicies and guidelines, :es for the item under uired to comply with all ~)f California that pertain 2002-43) to a previous ~ent of an on and off sale ss on property located at he project exhibits listed ntained herein: :tail wine sales business ng: sumption to be restricted the approved floor plan ce and business use shall tption. ground level mechanical to the building without Screening material and ,pment Director prior to regarding the design and the proposed use to the Conditions - Planning Commission Meeting of May 28, 2002 PLN2002-43 - 379 East Campbell Avenue - -- The Wine Library Page 2 o Planning Division for review and approval by the Community Deve] the issuance of building permits for the project. The design ol compatible with the building and shall meet the requirements of Campbell Municipal Code. Conditional Use Permit Approval Expiration: The modification to approval shall be valid for one year from the date of final appro~ period either (1) a building permit must be obtained, and construc thereafter; or (2) the use must be established on the property (i required). Failure to complete (1) or (2) above will result in the Corn void. State Licensing: Prior to the establishment of alcohol sales, appli licensing from the California State Department of Alcohol and Beve~ Building Division 8. Permit required: A building permit application shall be required for The building permit shall include Electrical/Plumbing/Mechanical part of the permit. 9. Construction Plans: The conditions of Approval shall be stated in construction plans submitted for building permit. 10. Size of Plans: The minimum size of construction plans submitted be 24 in. × 36 in. 11. Plan Preparation: This project requires plans prepared under the di: California licensed Engineer or Architect. Plans submitted for build stamped" and signed by the qualifying professional person. 12. Site Plan: Application for building permit shall include a compete~ property and proposed structures with dimensions and elevations a shall also include site drainage details. Site address and parcel num called out. Site parking and path of travel to public sidewalks shall 13. Title 24 Energy Compliance: California Title 24 Energy Standard be blue-lined on the construction plans. Compliance with demonstrated for conditioning of the building envelope and lighting 14. Special Inspections: When a special inspection is required by architect or engineer of record shall prepare an inspection program the Building Official for approval prior to issuance of the buildin with U.B.C Section 106.3.5. Please obtain City of Campbell, Spec: the Building Inspection Division Counter. 15. Non-point source Pollution: The City of Campbell, standard Santa Source Pollution Control Program specification sheet shall be part specification sheet (size 24" X 36") is available at the Building Divis opment Director prior to the enclosure shall be gection 6.04.080 of the Conditional Use Permit al. Within this one-year tion completed one year no building permit is tional Use Permit being :ant to obtain necessary age Control. the proposed occupancy. fees when such work is Ull on the cover sheet of Or building permits shall ection and oversight of a ing permits shall be "wet ~t site plan that identifies appropriate. Site plan ,ers shall also be clearly e detailed. Compliance forms shall :he Standards shall be )f the building. '.B.C. Section 1701, the hat shall be submitted to ; permits, in accordance al Inspection forms from Clara Valley Non-point of plan submittal. The ion service counter. Conditions - Planning Commission Meeting of May 28, 2002 PLN2002-43 - 379 East Campbell Avenue - -- The Wine Library Page 3 16. Title 24 Accessibility-Commercial: On site general path of travel shall comply with the latest California Title 24 Accessibility Standards. Work shall inclt~de but not be limited to accessibility to building entrances from parking facilities and sidewalks. 17. Title 24 Accessibility-Commercial: Projects seeking to use the Tith'~ 24 Hardship exemption clause shall blue-line completed, City of Campbell "20%" exem[,tion form on submitted construction plans. Form is available at Building Division service cc unter. 18. Approval required: 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. Santa Clara County Department of Environmental Health Police Department 19. Designated Driver Program: The applicant shall submit for approval designated driver program as required by section 21.26.030(8) of the to the Police Department a Campbell Municipal Code. RESOLUTION NO. 3392 BEING A RESOLUTION OF THE PLANNING COM THE CITY OF CAMPBELL APPROVING A CONDI PERMIT (PLN2001-108) TO ALLOW AN ON AN BEER AND WINE LICENSE WITHIN AN COMMERCIAL SPACE ON PROPERTY LOCATE] CAMPBELL AVENUE IN THE C-3-S (CENTRA DISTRICT) ZONING DISTRICT. APPLICATION O GRAGNANI AND MR. GEORGE LOPEZ, ON BEH WINE LIBRARY. FILE NO. PLN2001-108. After notification and public heating, as specified by law, and a: Community Development Director, proponents and opponents, the heari After due consideration of all evidence presented, the Planning Commi with respect to application PLN2001-108: The proposed on and off-sale beer and wine license is consistent ~ use designation of the General Plan and the C-3-S (Central £ designation for the site with approval of a Conditional Use Permit. The proposed retail business with an on and off sale beer and w with the surrounding development and uses. The proposed addition of an on and off-sale beer and wine lice~: intensification of a permitted retail use in this building. The proposed site is adequate in size and shape to accommodate c, and other development features required in order to integrate ti surrounding area. o The proposed beer and wine license provides for the public nece: providing the sale of specialty wines and other products associated There is a reasonable relationship and a rough proportionality be Approval and the impacts of the project. Based on the foregoing findings of fact, the Planning Commission fur that: 1. The establishment will not result in an over concentration of such The establishment will not create a nuisance due to noise, litte other factors; Attachment #3 MISSION OF FIONAL USE D OFF-SALE EXISTING ) AT 379 E. L BUSINESS M~F OF THE ?ter presentation by the ag was closed. ssion did find as follows vith the commercial land usiness District) zoning .ne license is compatible se does not represent an ~mmercial improvements e proposed use into the ;sity and convenience by with this retail business. tween the Conditions of ther finds and concludes ~ses in the area; vandalism, traffic and Planning Commission Resomtion No. 3392 PLN2001-108 - 379 E. Campbell Avenue -Use Permit- The Wine Lib Page 2 o o The establishment will not significantly disturb the peace and e neighborhood. The establishment will not significantly increase the demand on cil The establishment, maintenance, or operation of the use will m public health, safety, peace, morals, comfort or general welfare working in the neighborhood of such proposed use, or be det~ property and improvements in the neighborhood or to the general COMMUNITY DEVELOPMENT DEPARTMENT Planning Division Approved Project: Approval is granted for a Conditional Use P allow the establishment of an on and off sale beer and wine licer retail wine sales business on property located at 379 E. Campbell substantially conform to the project exhibits listed below, except a2 Conditions of Approval contained herein: A. Floor plan of Wine Library dated April 30, 2001. B. Applicant's project description received September 26, 2001 wine sales business with incidental wine tasting. 2. Hours of Operation: Business hours shall be restricted to the follow o Daily 9:00 a.m. to 10:00 p. m Restriction of tasting/sales area: Alcohol tasting area for on restricted to 100 square feet or 7.4 percent of the floor area as floor plan. The primary floor space and business use shall be for wine accessories for off-site consumption. Tasting area shall im operation and shall be restricted to three seats at a wine bar or a feet of the business space. Location of Mechanical Equipment: No new roof-mounted and/or equipment, i.e. air conditioning units, shall be located on or without providing screening of the mechanical equipment from material and method shall require review and approval by the £ Director prior to the installation of such mechanical equipment. Trash and Recycling Enclosure: The applicant shall submit details location of a trash and recycling enclosure(s) necessary to serve Planning Division for review and approval by the Community De ajoyment of the nearby y services, and ~t be detrimental to the of persons residing or imental or injurious to lelfare of the City. rmit (PLN 2001-108) to se in conjunction with a Avenue. Approval shall may be modified by the of a medium size retail lng: · site consumption to be shown on the approved ne retail sale of wine and dental to the main retail pproximately 100 square ground level mechanical ~djacent to the building public view. Screening 'ommunity Development regarding the design and the proposed use to the velopment Director prior Planning Commission Resolution No. 3392 PLN2001-108 - 379 E. Campbell Avenue - Use Permit - The Wine Lib: Page 3 to the issuance of building permits for the project. The design compatible with the building and shall meet the requirements of Campbell Municipal Code. Conditional Use Permit Approval Expiration: The Conditional U be valid for one year from the date of final approval. Within this ( a building permit must be obtained, and construction completed c the use must be established on the property (if no building penn complete (1) or (2) above will result in the Conditional Use Permit State Licensing: Prior to the establishment of alcohol sales, appl licensing from the California State Department of Alcohol and Be~ Building Division 10. 11. 12. 13. 14. Permit required: A building permit application shall be ret occupancy. The building permit shall include Electrical/Plumbir such work is part of the permit. Construction Plans: The conditions of Approval shall be stated in construction plans submitted for building permit. Size of Plans: The minimum size of construction plans submitted be 24 in. X 36 in. Plan Preparation: This project requires plans prepared under the a California licensed Engineer or Architect. Plans submitted for "wet stamped" and signed by the qualifying professional person. Site Plan: Application for building permit shall include a compete property and proposed structures with dimensions and elevations shall also include site drainage details. Site address and parce clearly called out. Site parking and path of travel to public sidewa Title 24 Energy Compliance: California Title 24 Energy Standard be blue-lined on the construction plans. Compliance with demonstrated for conditioning of the building envelope and lightin Special Inspections: When a special inspection is required by architect or engineer of record shall prepare an inspection progr~ to the Building Official for approval prior to issuance of accordance with U.B.C Section 106.3.5. Please obtain Ci~ Inspection forms from the Building Inspection Division Counter. )f the enclosure shall be Section 6.04.080 of the se Permit approval shall ,ne-year period either (1) ne year thereafter; or (2) it is required). Failure to being void. .cant to obtain necessary erage Control. [uired for the proposed g/Mechanical fees when full on the cover sheet of ['or building permits shall [irection and oversight of ~)uilding permits shall be at site plan that identifies as appropriate. Site plan numbers shall also be cs shall be detailed. ~ Compliance forms shall the Standards shall be g of the building. J.B.C. Section 1701, the n that shall be submitted he building permits, in of Campbell, Special Planning Commission Resolution No. 3392 PLN2001-108 - 379 E. Campbell Avenue- Use Permit- The Wine Lib Page 4 15. 16. 17. 18. Nnn-pnint ~n, lrce Pnllntinn: The City of Campbell, standard Sant~ Source Pollution Control Program specification sheet shall be pm specification sheet (size 24" X 36") is available at the Building Di' Title 9.4 Acce~ihili~y-Cnrnmercial' On site general path of tray latest California Title 24 Accessibility Standards. Work shall inc'~ accessibility to building entrances from parking facilities and side~ Title 9.4 Accessibility-Commercial: Projects seeking to use exemption clause shall blue-line completed, City of Campbell "~ submitted construction plans. Form is available at Building Divisi Apprr~val required' The project requires the following agency apl: the building permit: a. West Valley Sanitation District b. Santa Clara County Fire Department c. Santa Clara County Department of Environmental Health Police Department 19. Designated Driver Program' The applicant shall submit for Department a designated driver program as required by sect Campbell Municipal Code. PASSED AND ADOPTED this 30th day of October, 2001, by the follo'~ AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Alderete, Francois, Gibbons and F None Doorley, Jones and Leonard None APPROVED: Tom Francois, Cha ATTEST: Sharon Fierro, Secretary rary Clara Valley Non-point of plan submittal. The fision service counter. el shall comply with the ude but not be limited to ~,alks. the Title 24 Hardship .0%" exemption form on on service counter. roval prior to issuance of approval to the Police ion 21.26.030(8) of the ting roll call vote: fernandez, ir Planning Commission Minutes of October 30, 2001 City Attomey William Seligmann advised that the Commission h~ continuing consideration to a future meeting or passing this proposal recommendation. Commissioner Gibbons said that she would support a continuance. Chair Francois agreed that he too could support a continuance. Chair Francois reopened the Public Hearing for Agenda Item No. 2. Motion: Upon motion of Commissioner Gibbons, second Alderete, the Planning Commission continued development at 861 Apricot Avenue to the Planning of November 13, 2001, by the following roll call vote: AYES: Alderete, Francois, Gibbons and Hernz NOES: None ABSENT: Doorley, Jones and Leonard ABSTAIN: None Chair Francois read Agenda Item No. 3 into the record. o PLN2001-108 Gragnani/Lopez Public Heating to consider the application Mr. George Lopez, on behalf of the Wine Use Permit (PLN2001-108) to allow an on license within an existing commercial spat 379 E. Campbell Avenue in the C-3-S (£ Zoning District. This project is Categon Commission decision final in 10 days, unle the City Clerk. Mr. Tim J. Haley, Associate Planner, presented the staff report as follow · Advised that this request is for a Conditional Use Permit for on-sal at a downtown retail establishment on the north side of E. Cam Central and Harrison Avenues. · Said that the retail space consists of 1,350 square feet. The beer conjunction with approximately 100 square feet of space for wine the space will be retail wine sales. · Said that the General Plan designation is Commercial and the Business District). · Informed that businesses in the C-3 do not have specific parking re, · Provided the applicant's proposed hours of operation as 10 a.m. to Saturday, and 9 a.m. to 2 p.m. on Sunday. Staff proposes to allow 10 p.m. daily to allow future expansion. · Reported that the Police Department reviewed the proposal and had · Pointed out that revised findings and conditions have been distributt Page 8 .s a few options from ~n to Council without a .~d by Commissioner :onsideration of the Commission meeting ndez Mr. Alan Gragnani and ,ibrary, for a Conditional nd off-sale beer and wine on property located at ',entral Business District) cally Exempt. Planning ss appealed in writing to e beer and wine license >bell Avenue, between md wince license is in ~sting. The majority of ;oning is C-3 (Central uirements. p.m., Monday through he hours from 9 a.m. to no objection. :d. Planning Commission Minutes of October 30, 2001 Expressed staff's recommendation for approval and advised that proposal as there are no exterior changes proposed. Commissioner Gibbons asked if a sign request would be handled separa Associate Planner Tim J. Haley replied that the sign would be handled the property owner is actually participating in the Storefront Improveme Chair Francois Chair Francois Motion: opened the Public Hearing for Agenda Item No. 3. closed the Public Heating for Agenda Item No. 3. Upon motion of Commissioner Hernandez, secon¢ Gibbons, the Planning Commission adopted Resoluti. Conditional Use Permit (PLN2001-108) to allow ae and wine license within an existing commercial spa~ at 379 E. Campbell Avenue, by the following roll call AYES: Alderete, Francois, Gibbons and Hernz NOES: None ABSENT: Doorley, Jones and Leonard ABSTAIN: None Chair Francois advised that this decision is final in 10 days, unless ap City Clerk. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Ms. Sharon Fierro, Community Development Di presented with the following additions: Thanked the Commission for its work on the General Plan, partic necessary extra meetings. · Advised that the Council would consider the General Plan at its m and the Housing Element on November 20th. · Informed that the Commission will have three items on the Noveml: · Reminded the Commission to keep March 20 through 22, 2002 Planners Institute. Registration will be handled by staff. Commissioners Gibbons and Alderete and Chair Francois indicated thal ADJOURNMENT The Planning Commission meeting adjourned at 8:30 p.m. to the Speci~ Hearing on the Housing Element to be held on Monday, November Chambers, City Hall, 70 North First Street, Campbell, California. Page 9 J~C did not review this Lely. separately. Added that nt Program. led by Commissioner }n No. 3392 granting a on and off-sale beer e on property located vote: ndez Dealed in writing to the :ector, was accepted as ularly for attending the eeting of November 6th er 13th agenda. open for the Annual they would attend. Planning Commission ,2001, in the Council April 19, 2002 Planning Department, The Wine Library is seeking to extend its use to an outdoor ~ Its purpose is to expand its retail trade and to add additional accommodate its clientele. We feel this will be a definite enh the City and the Wine Library. In addition we would like appr, signage on the facing of the building above the awning. With we also need to improve the lighting and propose to add sev under the awning. We will submit drawing of the sign and ligl before installing. This will be done over the next sixty days. Also we have relocated the tasting bar to accommodate our, improve the traffic flow in the store. It became a problem of fl the building if an emergency were to happen. This was a sari Our hours of operation will be consistent with current store hI help to improve our overall business health. We will add one weekend traffic. We look forward to a favorable response and thank you in ac Alan Gragnani General Partner Attachment #4 ,atio front and rear. outdoor seating to ~ncement to both )val for additional our outside seating ._.ral light fixtures Its for your approval :ustomer and ow to the rear exit of ;ty concern of ours. )urs. This should waitress for the vance.