Loading...
Use Permit - 2002 CITY OF CAMPBELL Community Development Department - Current Plannin~ Aphlll, 2002 Marie-Rose Reyes/Chakkrit Kaewkan 12456 Saratoga Avenue Saratoga, CA 95070 Re: PLN2002-07 - 866 E. Campbell Avenue -Use Permit - Thai Orchid Restaurant Dear Applicant: Please be advised that at its meeting of April 9, 2002, the Planning Commission adopted Resolution No. 3420 granting a Conditional Use Permit (PLN2002-07) to allow on-sale beer and wine sales and outdoor seating in conjunction with the Thai Orchid Restaurant on the above- referenced property. This approval is effective in ten calendar days, unless appealed in writing to the City Clerk. 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. Sincerely; Stephanie Willsev Planner I CC: Michael Cobler (Property Owner) 900 E. Campbell Avenue Campbell, CA 95008 Frank Mills, Building Department Harold Housley, Public Works Chris Veargason, County Fire 70 North First ~qtrcct Campbell, California 95008- 1436 - FrL 408.860.2 140 Fxx 408 S66.S35 I - ';pi) 4OS 566.2790 RESOLUTION NO. 3420 BEING A RESOLUTION OF THE PLANNING COMMISSION OF TI-[E CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2002-07) TO ALLOW ON-SAI,E BEER AND WINE SALES AND OUTDOOR SEATING IN CONJUNCTION WITH THE THAI ORCHID RESTARUANT ON PROPERTY OWNED BY MR. MICHAEL COBLER LOCATED AT 866 E. CAMPBELL AVENUE IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. FILE NO. PLN2002-07. 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 Plannin~ Commission did find as follows with respect to application PLN2002-07: The proposed on-sale beer and wine sales and outdoor seating is consistent with the General Commercial land use designation of the General Plan and the P-D (Planned Development) Zoning District with approval of a Conditional Use Permit. 2. The existing 28 parking spaces will adequately address the parking needs of the subject site and proposed uses. 3. The proposed outdoor seating area is well designed and is architecturally compatible with the existing building. 4. The proposed on-sale beer and wine sales is incidental to the primary function of the restaurant and is consistent with the Campbell Municipal Code. 5. The proposed on-sale beer and wine sales and outdoor seating, as conditioned, is compatible with the adjacent land uses and the surrounding neighborhood. 6. Business hours shall be restricted to 6 a.m. to 11 p.m. daily. 7. The Police Department has not expressed a concern with the proposed use. 8. The establishment of on-sale beer and wine sales will not result in an over concentration of such uses in the area. 9. The establishment of on-sale beer and wine sales will not create a nuisance due to noise, litter, vandalism, traffic, or other factors. 10. The establishment of on-sale beer and wine sales will not significantly disturb the peace and enjoyment of any nearby residential neighborhoods. Planning Commission Resc,._don No. 3420 PLN2002-07 - 866 E. Campbell Avenue Conditional Use Permit - On-sale beer and wine sales and outdoor seating Page 2 11. The establishment of on-sale beer and wine sales will not significantly increase the demand on city services. Based on the foregoing findings of fact, the Planning Commission further finds and concludes that: The establishment of on-sale beer and wine sales and outdoor seating in conjunction with an existing restaurant will aid in the enhancement and the harmonious development of the immediate area. 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. The subject site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping, and other development features required in order to integrate said uses with uses in the surrounding area. 3. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such uses would generate. 4. The proposed establishment, as conditioned, is compatible with the adjacent land uses and the surrounding neighborhood. 5. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit (PLN2002-07) to allow on-sale beer and wine sales and outdoor seating in conjunction with the Thai Orchid Restaurant on property owned by Mr. Michael Cobler located at 866 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 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 Commission Resc,~,tion No. 3420 PLN2002-07 - 866 E. Campbell Avenue Conditional Use Permit - On-sale beer and wine sales and outdoor seating Page 3 Planning Division Approved Project: Approval is granted for a Conditional Use Permit (PLN2002-07) to allow on-sale beer and wine sales and outdoor seating in conjunction with the existing Thai Orchid restaurant on property located at 866 East Campbell Avenue. Project approval shall substantially comply with project plans dated March 4, 2002, except as may be modified by the Conditions of Approval herein. Conditional Use Permit Approval Expiration: The Conditional Use Permit approval shall be valid for one year from the date of final approval. Within this one-year period the use must be established on the property. Failure to meet this deadline will result in the Conditional Use Permit being void. ': Revocation of Permit: Operation of the use in violation of the Conditional Use Permit or any standards, codes, or ordinances of the City of Campbell shall be grounds for consideration of revocation of the Conditional Use Permit by the Planning Commission. Hours of Operation: The operational hours shall be limited to 6 a.m. to 11 p.m. daily, unless a Conditional Use Permit is obtained from the Planning Commission for late night operations. Signs: No signage is permitted as part of the development application approved herein. New signage shall not be installed prior to approval of a sign permit as required by Chapter 21.53 of the Campbell Municipal Code. Liquor License: The applicant shall obtain a license from the State Department of Alcoholic Beverage Control prior to the sale of alcoholic beverages. Parking Lot Re-Striping: The applicant shall re-stripe the parking lot in compliance with the approved Site Plan and the requirements of Chapter 21.50 of the Campbell Municipal Code, within 30 days of final approval. All compact parking stalls shall be painted to identify them as compact spaces. Handicapped Parking Space: The applicant shall provide a second handicapped parking space in the parking lot within 30 days of final approval. The handicapped space shall be developed in conformance with the requirements of the California Building Code. On-Site Lighting: Any proposed on-site lighting shall be shielded away from adjacent properties and directed on site. The design and type of lighting fixtures and lighting intensity of any exterior lighting shall be reviewed and approved by the Community Development Director, prior to issuance of a building permit. Lighting fixtures shall be of a decorative design to be compatible with the development and shall incorporate energy saving features. Planning Commission Reso~don No. 3420 PLN2002-07 - 866 E. Campbell Avenue Conditional Use Permit - On-sale beer and wine sales and outdoor seating Page 4 Building Division 10. Permits Required: A building permit application shall be required for the proposed remodeling work proposed for the structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. The scope of work under this permit shall be limited to all work not currently covered under building permit: BLD2002-00032. 11. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 12. Size Of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. × 36 in. 13. 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. 14. Title 24 Energy 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. 15. 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 the 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. 16. Pollution Prevention: 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. 17. 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. 18. 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. 19. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. Santa Clara County Fire Department Planning Commission Resm~..on No. 3420 PLN2002-07 - 866 E. Campbell Avenue Conditional Use Permit - On-sale beer and wine sales and outdoor seating Page 5 b. Santa Clara County Department of Environmental Health PASSED AND ADOPTED this 9th day of April, 2002, by the following roll call vote: AYES: Commissioners: Alderete, Doorley, Francois, and Leonard NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None Gibbons, Hernandez, Jones APPROVED: ': Tom Francois, Chair ATTEST: Sharon Fierro, Secretary CAMPBELL PLN2002-07 Reyes, M. Kaewkan, C. ITEM NO. 2 STAFF REPORT - PLANNING COMMISSION MEETING OF APRIL 9, 2002 Public Hearing to consider the application of Ms. Marie-Rose Reyes and Mr. Chakkrit Kaewkan for consideration of a Conditional Use Permit (PLN2002- 07) to allow on-sale beer and wine sales and outdoor seating in conjunction with the existing Thai Orchid restaurant on property owned by Michael Cobler located at 866 East Campbell Avenue in a P-D (Planned Development) Zoning District. STAFF RECOMMENDATION That the Planning Commission take the following action: Adopt a Resolution, incorporating the attached findings, approving a Conditional Use Permit to allow on-sale beer and wine sales and outdoor seating in conjunction with the existing Thai Orchid restaurant, subject to the attached Conditions of Approval. ENVIRONMENTAL DETERMINATION This project is categorically exempt under Section 15301, Class 1 of the California Environmental Quality Act (CEQA) pertaining to minor alterations to existing private facilities involving negligible or no expansion of use; therefore, no environmental action is required. PROJECT DATA Net Lot Area: 17,425 sq. ft. (.40 acres) Site Utilization: Building Coverage: Landscape Coverage: Paving Coverage: 2,024 sq. ft. (12%) 2,000 sq. ft. (11%) 13,401 sq. ft. (77%) Seating Capacity: Parking: Required: Provided: 54 (indoor) + 16 (outdoor) = 70 total seats Restaurant @ 1:3 seats = 24 parking spaces 28 parking spaces Hours of Operation: 11 a.m. to 10 p.m. Daily Staff Report - Planning Commission Meeting of April 9, 2002 PLN2002-07 - 866 East Campbell Avenue Page 2 of 4 DISCUSSION Background: The property is currently developed with a commercial structure built in approximately 1926. The structure is commonly known as the George Robson House/Togos #2 site and is proposed to be added to the City of Campbell Historic Resources Inventory. The building was originally a single-family residence and was converted to a sit down restaurant with parking in the rear in the 1970's. The project site is located on the south side of East Campbell Avenue three parcels east of Union Avenue. The project site is surrounded by the PruneYard Shopping Center to the north, multiple-family residential living units to the south, retail uses to the east, and an office to the west. Applicant's Proposal: The applicant is requesting approval of a Conditional Use Permit to allow on-sale beer and wine sales and outdoor seating in conjunction with the existing Thai Orchid restaurant located at 866 East Campbell Avenue. The restaurant provides dine in or take out service and the beer and wine sales would be for the dine in clientele only and would not be sold with take out meals. The restaurant currently has 54 indoor seats and are proposing to add 16 outdoor seats in an existing patio area in front of the building along East Campbell Avenue. ANALYSIS General Plan Designation: The General Plan land use designation for the project site is General Commercial. The proposed on-sale beer and wine sales and outdoor seating for an existing restaurant is consistent with this land use designation. Therefore, the proposed project is consistent with the General Plan. The proposed project complies with the following General Plan Strategies: Strategy LUT-8.1c: Adaptive Re-Use - Encourage adaptive re-use of and incorporation of the City's historic buildings and structures for new development projects, when feasible. Strategy LUT-9.3g: Pedestrian Amenities - Incorporate pedestrian amenities such as plazas, landscaped areas with seating, and pedestrian walkways into new developments. Strategy LUT-9.3f: Development Orientation - Orient new development toward public and private amenities or open space, in particular: · Orient high activity areas such as outdoor dining areas and plazas, and major pedestrian routes toward the amenity or open space. Zoning Designation: The zoning designation for the project site is P-D (Planned Development). On-sale beer and wine sales and outdoor seating in conjunction with a restaurant use is permitted subject to a Conditional Use Permit within this zoning district. The proposed project will be consistent with the Zoning Ordinance with approval of a Conditional Use Permit. Staff Report - Planning Commission Meeting of April 9, 2002 PLN2002-07 - 866 East Campbell Avenue Page 3 of 4 On-Sale Beer and Wine Sales: Any business which offers for sale any product containing alcohol for human consumption, either on or off the premises, and for which a license or permit is required by the State Department of Alcoholic Beverage Control is required to obtain a Conditional Use Permit. Issues for review by the Planning Commission include the compatibility of the proposed use with the surrounding neighborhood, the potential over concentration of similar liquor establishments, and the operational characteristics of the requested use. Staff finds that the proposed beer and wine sales is incidental to the restaurant operation and is compatible with the surrounding uses and properties. Therefore, staff is supportive of the applicant's request. Outdoor Seating: The proposed outdoor seating area would be located in an existing paved patio area in front of the building and would accommodate 16 seats. An existing picket fence borders the patio area along East Campbell Avenue and serves as a buffer between the outdoor seating area and the sidewalk. Staff finds that the outdoor seating area is a compatible use with the project site and would be a complimentary addition to the existing restaurant use. Building Design: No architectural changes are proposed to the existing building with the proposed on-sale beer and wine sales and outdoor seating. Landscaping: The existing on-site landscaping will remain and is not impacted by this proposal. No landscaping will need to be removed to accommodate the outdoor seating because the proposed location for the seating is already improved with pavement. Parking: Pursuant to the Campbell Parking and Loading Ordinance, one space is required for each three seats for a restaurant use. There are currently 54 indoor seats and the applicant is proposing to add 16 outdoor seats for a total of 70 seats. The proposed seating capacity yields a parking requirement of 24 parking spaces. The current parking configuration provides 28 parking spaces, which exceeds the minimum required parking spaces. There is currently one handicapped parking space provided on site. Current standards require one handicapped space per each 25 parking spaces. Staff has included Condition of Approval//8 which requires that a second handicapped space be provided in compliance with the California Building Code standards. Police Department Review: The Campbell Police Department has reviewed the application and has no objections to the on-sale beer and wine sales with this restaurant use. Site and Architectural Review Committee: The Site and Architectural Review Committee reviewed this application at its meeting of March 26, 2002. The Committee was supportive of the application as proposed and had no additional comments or Conditions of Approval. Staff Report - Planning Commission Meeting of April 9, 2002 PLN2002-07 - 866 East Campbell Avenue Page 4 of 4 Attachments: 1. Findings for approval of PLN2002-07 2. Conditions of Approval for PLN2002-07 3. Business Description for the Thai Orchid Restaurant 4. Exhibits 5. Location Map Prepared by: Stephanie Willsey, Planner I ~eo~f I. Br~(~le3, Senior Planner y Attachment #1 FINDINGS FOR APPROVAL OF FILE NO. PLN2002-07 SITE ADDRESS: APPLICANT: P.C. MEETING: 866 East Campbell Avenue Marie-Rose Reyes and Chakkrit Kaewkan April 9, 2002 Findings for Approval of a Conditional Use Permit to allow on-sale beer and wine sales and outdoor seating in conjunction with the existing Thai Orchid restaurant at 866 East Campbell Avenue. The Planning Commission finds as follows with regard to File No. PLN2002-07: The proposed on-sale beer and wine sales and outdoor seating is consistent with the General Commercial land use designation of the General Plan and the P-D (Planned Development) Zoning District with approval of a Conditional Use Permit. 2. The existing 28 parking spaces will adequately address the parking needs of the subject site and proposed uses. 3. The proposed outdoor seating area is well designed and is architecturally compatible with the existing building. 4. The proposed on-sale beer and wine sales is incidental to the primary function of the restaurant and is consistent with the Campbell Municipal Code. 5. The proposed on-sale beer and wine sales and outdoor seating, as conditioned, is compatible with the adjacent land uses and the surrounding neighborhood. 6. Business hours shall be restricted to 6 a.m. to 11 p.m. daily. 7. The Police Department has not expressed a concern with the proposed use. 8. The establishment of on-sale beer and wine sales will not result in an over concentration of such uses in the area. 9. The establishment of on-sale beer and wine sales will not create a nuisance due to noise, litter, vandalism, traffic, or other factors. 10. The establishment of on-sale beer and wine sales will not significantly disturb the peace and enjoyment of any nearby residential neighborhoods. 11. The establishment of on-sale beer and wine sales will not significantly increase the demand on city services. Based on the foregoing findings of fact, the Planning Commission further finds and concludes that: Attachment Page 2 of 2 o o The establishment of on-sale beer and wine sales and outdoor seating in conjunction with an existing restaurant will aid in the enhancement and the harmonious development of the immediate area. 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. The subject site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping, and other development features required in order to integrate said uses with uses in the surrounding area. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such uses would generate. The proposed establishment, as conditioned, is compatible with the adjacent land uses and the surrounding neighborhood. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. Attachment #2 CONDITIONS OF APPROVAL FOR FILE NO. PLN2002-07 SITE ADDRESS: APPLICANT: P.C. MEETING: 866 East Campbell Avenue Marie-Rose Reyes and Chakkrit Kaewkan April 9, 2002 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 Approved Project: Approval is granted for a Conditional Use Permit (PLN2002-07) to allow on-sale beer and wine sales and outdoor seating in conjunction with the existing Thai Orchid restaurant on property located at 866 East Campbell Avenue. Project approval shall substantially comply with project plans dated March 4, 2002, except as may be modified by the Conditions of Approval herein. Conditional Use Permit Approval Expiration: The Conditional Use Permit approval shall be valid for one year from the date of final approval. Within this one-year period the use must be established on the property. Failure to meet this deadline will result in the Conditional Use Permit being void. o Revocation of Permit: Operation of the use in violation of the Conditional Use Permit or any standards, codes, or ordinances of the City of Campbell shall be grounds for consideration of revocation of the Conditional Use Permit by the Planning Commission. Hours of Operation: a Conditional Use operations. The operational hours shall be limited to 6 a.m. to 11 p.m. daily, unless Permit is obtained from the Planning Commission for late night Signs: No signage is permitted as part of the development application approved herein. New signage shall not be installed prior to approval of a sign permit as required by Chapter 21.53 of the Campbell Municipal Code. 6. Liquor License: The applicant shall obtain a license from the State Department of Alcoholic Beverage Control prior to the sale of alcoholic beverages. Attachment #2 Page 2 of 3 Parking Lot Re-Striping: The applicant shall re-stripe the parking lot in compliance with the approved Site Plan and the requirements of Chapter 21.50 of the Campbell Municipal Code, within 30 days of final approval. All compact parking stalls shall be painted to identify them as compact spaces. o Handicapped Parking Space: The applicant shall provide a second handicapped parking space in the parking lot within 30 days of final approval. The handicapped space shall be developed in conformance with the requirements of the California Building Code. o On-Site Lighting: Any proposed on-site lighting shall be shielded away from adjacent properties and directed on site. The design and type of lighting fixtures and lighting intensity of any exterior lighting shall be reviewed and approved by the Community Development Director, prior to issuance of a building permit. Lighting fixtures shall be of a decorative design to be compatible with the development and shall incorporate energy saving features. Building Division 10. Permits Required: A building permit application shall be required for the proposed remodeling work proposed for the structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. The scope of work under this permit shall be limited to all work not currently covered under building permit: BLD2002-00032. 11. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 12. Size Of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. × 36 in. 13. 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. 14. Title 24 Energy 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. 15. 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 the 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. 16. Pollution Prevention: 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. Attachment #2 Page 3 of 3 17. 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. 18. 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. 19. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. Santa Clara County Fire Department b. Santa Clara County Department of Environmental Health March 6, 2002 To the City of Campbell: We are pleased to announce the opening of Thai Restaurant at 866 E Campbell Ave. Campbell, CA. The restaurant will be called Thai Orchid - Thai Cuisine. It will be operated and managed by my husband, Chakkrit Kaewkan and myself Marie-Rose Reyes. The projected number of employees will be 3 helpers in the kitchen not including the chef and 3 to 7 servers depending on the number of customers we'll be receiving. Our operation hours will be as follows: Open daily f~om 1 lam-10pm Mon-Sun. We will be serving Thai food. We will have special lunch and dinner menus daily. Therefore, we would like to request for the condition use permit for a beer and wine license to be served at our restaurant to a complete full course meal. In addition, we would also like to take this opportunity for a second request for the condition use Permit to be able to service our customers outdoor in our f~ont patio area as well. Thank you for the consideration of our application. Sincerely yours, '- y it Ka~ew~an