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PC Res 4170RESOLUTION NO. 4170 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL Use Permit (PLN2014-196/197) WITH PARKING MODIFICATION PERMIT (PLN2014-271) TO ESTABLISH A LARGE ART STUDIO (BOTTLE & BOTTEGA) WITH INCIDENTAL BEVERAGE (INCLUDING BEER AND WINE), FOOD (SNACK) SALES, AND REDUCED PARKING REQUIREMENTS WITHIN AN EXISTING CENTER (MERRIL GARDENS AT CAMPBELL) AT 2125 S. WINCHESTER BOULEVARD, SUITES 110 & 160. 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 file numbers PLN2014-196/197 & PLN2014-271: 1. The project site is located within an existing center on the northwest corner of W. Rincon Avenue and Winchester Boulevard. 2. The project site is zoned P-D (Planned Development) and is designated with a General Commercial land use designation by the General Plan. 3. A change of use in a P-D zoning district requires approval of an Administrative Planned Development Permit. 4. The proposed large art studio would occupy a 1,455 square-foot existing tenant space. No expansion or exterior alteration to the existing building or project site is proposed. 5. An art studio with more than twelve participants with incidental beverage (including beer and wine) and food (snack) sales is considered a "large studio" and a "liquor establishment" subject to approval of a Conditional Use Permit consistent with CMC 21.46 and an Administrative Planned Development Permit consistent with CMC 21.12. 6. The operation of the large art studio involves an art instructor providing step-by-step directions to a group of sixteen to thirty registered guests. A maximum of forty-six students will be offered instructions at any time, with a maximum of two instructors. The project site has 89 shared commercial parking spaces, where 99 are required for the existing and proposed uses on site. Whenever a proposed use or structure Planning Commission Resolution No. 4170 PLN2014-196/ 197 & PLN2014-271 - 2125 S. Winchester Boulevard, Ste. 110 & 160 Conditional Use Permit and Parking Modification Permit Page 3 to the serving of alcohol as established by the California Restaurant Association and the California Department of Alcoholic Beverage Control. 18. The business would post in a conspicuous place the numbers of local taxicab services to offer a safe alternative transportation method for customers who use their service. 19. Policies found within the Campbell General Plan articulate a desire to promote and allow change consistent with reinforcing positive neighborhood values and protecting the integrity of the city's neighborhood, encouraging neighborhood serving commercial uses within walking distance of residential uses, and attracting and maintaining a variety of uses that create an economic balance within the city while providing high quality services to the community. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed use is allowed within the applicable zoning district with the approval of a Conditional Use Permit, Administrative Planned Development Permit, and associated Parking Modification Permit, and complies, as conditioned, with all other applicable provisions of this Zoning Code and the Campbell Municipal Code. 2. The proposed development would be consistent and compatible with the General Plan and will aid in the harmonious development of the immediate area. 3. 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. 4. The proposed site is adequate in terms of size and shape to accommodate the fences and walls, landscaping, parking and loading facilities, yards, and other development features required in order to integrate the use with uses in the surrounding area. 5. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic the use would be expected to generate. 6. The design, location, size, and operating characteristics of the proposed use, as conditioned, are compatible with the existing and future land uses on-site and in the vicinity of the subject property. 7. The establishment, maintenance, or operation of the proposed use, as conditioned, at the location proposed will not be detrimental to the comfort, health, morals, peace, safety, or general welfare of persons residing or working in the neighborhood of the Planning Commission Resolution No. 4170 PLN2014-196/ 197 & PLN2014-271 - 2125 S. Winchester Boulevard, Ste. 110 & 160 Conditional Use Permit and Parking Modification Permit Page 4 proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city. 8. The establishment of the use will not result in an over concentration of liquor establishment uses in the surrounding area. 9. The establishment will not create a nuisance due to litter, noise, traffic, vandalism, or other factors. 10. The establishment will not significantly disturb the peace and enjoyment of the nearby residential neighborhood or the city as a whole. 11. The establishment will not significantly increase the demand on city services. 12. Due to the unique nature and circumstances of the project (staggered business/public hours), 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 standards, and would be satisfied by the proposed number of parking spaces, based upon the written description by the applicant on the operation of the business. 13. Conditions of approval have been incorporated into the project to ensure the long- term adequacy of the provided off-street parking. 14. Approval of the parking modification permit will further the purpose of Campbell Municipal Code Chapter 21.28 (Parking and Loading). 15. The project is Categorically Exempt under Section 15301 Class 1 of the California Environment Quality Act (CEQA), pertaining to minor alterations to an existing private structure, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit (PLN2014-196), Administrative Planned Development Permit (PLN2014-197) and Parking Modification Permit (PLN2014-271) to establish new large art studio with incidental beverage (including beer and wine) and food (snack) services and reduced parking requirements located at 2125 S. Winchester Boulevard, Suites 110 and 160. 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. Planning Commission Resolution No. 4170 PLN2014-196/ 197 & PLN2014-271 - 2125 S. Winchester Boulevard, Ste. 110 & 160 Conditional Use Permit and Parking Modification Permit Page 5 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division Approved Project: Approval is granted for a Conditional Use Permit (PLN2014-196), Administrative Planned Development Permit (PLN2014-197) and Parking Modification Permit (PLN2014-271) to allow a new large art studio with incidental beverage (including beer and wine) and food (snack) services and reduced parking requirements located at 2125 S. Winchester Boulevard, Suites 110 and 160. The project shall substantially conform to the Project Plans stamped as received by the Planning Division on July 14, 2014 and Project Description stamped as received by the Planning Division on October 1, 2014, except as may be modified by the conditions of approval contained herein. 2. Permit Expiration: The Conditional Use Permit, Administrative Planned Development Permit, and Parking Modification Permit approved herein shall be valid for one year from the date of final approval (expiring October 14, 2015). Within this one-year period, the large art studio use with incidental beverage (including beer and wine) and food (snack) sales and reduced parking requirements shall be established on site. The entitlement approval shall be valid in perpetuity with continued operation of the use. Abandonment, discontinuation, or ceasing of operations for a continuous period of twelve months shall void the Conditional Use Permit, Administrative Planned Development Permit and Parking Modification Permit approved herein. 3. Parking: Prior to occupancy, 89 commercial parking spaces shall be provided and identified by "Retail Parking Only" signs in the locations shown on the Commercial Parking Diagram, stamped as received on September 16, 2014. An additional directional sign, indicating retail parking is available in the parking garage, shall be posted at both Retail Buildings A and B, and at the entry to the parking garage. Prior to fabrication or installation of any parking signs, the content and proposed location of the signs shall be reviewed and approved by the Director of Community Development. Furthermore, as stated in the letter from Merrill Gardens at Campbell, LLC (William D. Pettit Jr.) stamped as received by the Planning Division on September 16, 2014 the property agrees to the following restrictions in association with the Parking Modification Permit: • The proposed restaurant use in Building A, Suite 120, will be restricted to a 2:00 p.m. closing time or earlier. If the current tenant space is replaced by another restaurant, the same closing time restriction will continue to apply. The large studio use in Building A, Suites 110 and 160 will be restricted to a 2:00 pm. opening time or later. If the current tenant is replaced by another similar use, the same opening time restriction will continue to apply. Planning Commission Resolution No. 4170 PLN2014-196/ 197 & PLN2014-271 - 2125 S. Winchester Boulevard, Ste. 110 & 160 Conditional Use Permit and Parking Modification Permit Page 6 • The property owner agrees to inform future potential tenants of these two tenant spaces of the time restrictions and any other conditions imposed as part of the Parking Modification Permits prior to leasing, and to include the restrictions in future lease agreements for these spaces as applicable. • The property owner understands and agrees that remaining vacant tenant spaces will need to be leased to retail uses, or uses with the same or lower parking demand than retail. No additional restaurant uses will be allowed. 4. Operational Parameters: Consistent with the submitted Project Description, a large studio with incidental beverage (including beer and wine) and food sales operating pursuant to the Conditional Use Permit, Administrative Planned Development Permit, and Parking Modification Permit approved herein shall conform to the following operational standards. Deviations from these parameters (as determined by the Community Development Director) shall require approval of a Modification to the Conditional Use Permit, Administrative Planned Development Permit and/or Parking Modification Permit approved herein. a. Approved Use: The approved use is a large art studio with incidental beverage (including beer and wine) and food (snack) sales. This use is herein specifically defined to preclude the possibility of the business to operate as a bar, restaurant, or deli, or operate in any capacity in which it would function as or resemble such a use. Incidental food and beverage (including beer and wine) service shall only be served to clients participating in art studio instruction. No use of the facility outside of a registered art event or business/public hours shall be permitted, except for general administrative office work or clean-up activities. b. Hours of Operation: Hours of operation shall be as follows. By the end of the 'Operational Hours' all employees shall be off of the premises. By the end of 'Business/Public Hours' all patrons shall have exited the facility. i. Operational Hours 11:00 AM - 10:00 PM, daily ii. Business/Public Hours 2:00 PM - 9:30 PM, Sun. through Thurs. 2:00 PM - 10:00 PM, Friday & Saturday These hours are restricted in perpetuity, in accordance with the letter from Merrill Gardens, such that the business/public hours between this use/tenant space and a restaurant use (Scramblz) in Suite 120 shall not overlap. c. Business/Public Hours Capacity: No more than 46 customers (including customers waiting) and 2 instructors are permitted on site at any time. Large events exceeding the student/instructor maximums are strictly prohibited. d. Operational Hours Capacity: No more than two (2) instructors/staff are permitted on site at any one time. Planning Commission Resolution No. 4170 PLN2014-196/ 197 & PLN2014-271 - 2125 S. Winchester Boulevard, Ste. 110 & 160 Conditional Use Permit and Parking Modification Permit Page 7 e. Event Registration: All events shall require an art component and registration at a minimum of three (3) hours in advance of any class. This is intended to control the number of registered guests and prohibit "walk-in" traffic. f. Sale of Beverages and Food: The sale of beverages (including beer and wine) and food (snacks) shall be incidental to the primary use and restricted to registered customers who have signed up to participate in art studio instruction. No off site sales of beverages or food shall be permitted in association with the use. g. Live Entertainment and Music: No live entertainment shall be permitted. Any music shall be played at low levels, behind closed doors, and shall not be audible from adjoining properties. No amplified music shall be permitted. h. Property Maintenance: The owner/operator of the subject property shall maintain all exterior areas of the business free from graffiti, trash, rubbish, posters and stickers. Trash receptacles shall be maintained within their approved enclosures at all times. Parking lot striping and paving shall be maintained in good condition, and all spaces shall remain free of debris at all times. Landscape Maintenance: All landscaped areas shall be continuously maintained in accordance with City Landscaping Requirements (CMC 21.26). Landscaped areas shall be watered on a regular basis so as to maintain healthy plants. Landscaped areas shall be kept free of weeds, trash, and litter. Dead or unhealthy plants shall be replaced with healthy plants of the same or similar type. Noise: Unreasonable levels of noise, sounds and/or voices, including but not limited to amplified sounds, loudspeakers, sounds from audio sound systems, and/or music, generated by the subject use or associated pool equipment/pumps shall not be audible to a person of normal hearing capacity from any property. All exterior doors including entry doors shall be kept closed. At the discretion of the Community Development Director, if the use generates three (3) verifiable complaints related to violations of conditions of approval and/or related to noise within a six (6) month period, a public hearing before the Planning Commission may be scheduled to consider modifying conditions of approval or revoking its Administrative Planned Development Permit or Parking Modification Permit. The Community Development Director may commence proceedings for the revocation or modification of use permits upon the occurrence of less than three (3) complaints if the Community Development Director determines that the alleged violation warrants such an action. In exercising this authority, the decision making body may consider the following factors, among others: Planning Commission Resolution No. 4170 PLN2014-196/ 197 & PLN2014-271 - 2125 S. Winchester Boulevard, Ste. 110 & 160 Conditional Use Permit and Parking Modification Permit Page 8 i. The number and types of Police Department calls for service at or near the establishment that are reasonably determined to be a direct result of patrons actions; ii. The number of complaints received from residents, business owners and other citizens concerning the operation of an establishment; and iii. Violation of conditions of approval. k. Parking Management: In the event that three (3) verifiable complaints are received by the City regarding parking, the Community Development Director may reduce the number of persons permitted per class, reduce the number of classes offered, limit the hours of operation, require additional parking management strategies and/or bring the permit back to the Planning Commission for review. Smoking: A "No Smoking" sign shall be posted on the premises in compliance with CMC 6.11.060. m. Trash ~ Clean Up: All trash, normal clean up, carpet cleaning, etc. shall not be done in the late evening or early morning hours. All trash removal shall be done between 6:00 AM and 11:00 PM daily. Refuse and recycling receptacles shall be kept within an enclosure except during collection in compliance with Chapter 6.04 of the Campbell Municipal Code. n. Outdoor Activity: No outdoor activity is permitted in association with the establishment. 5. Revocation of Permit: Operation of a "large studio" with incidental beverage (including beer and wine) and food sales and reduced parking requirements pursuant to the Conditional Use Permit, Administrative Planned Development Permit, and Parking Modification Permit approved herein is subject to Sections 21.68.020, 21.68.030 and 21.68.040 of the Campbell Municipal Code authorizing the appropriate decision making body to modify or revoke a Conditional Use Permit, Administrative Planned Development Permit, or Parking Modification Permit if it is determined that its operation has become a nuisance to the City's public health, safety or welfare or for violation of the Conditional Use Permit, Administrative Planned Development Permit or Parking Modification Permit or any standards, codes, or ordinances of the City of Campbell. At the discretion of the Community Development Director, if the establishment generates three (3) verifiable complaints related to violations of conditions of approval and/or related to its operation within a six (6) month period, a public hearing before the Planning Commission may be scheduled to consider modifying conditions of approval or revoking its Conditional Use Permit, Administrative Planned Development Permit and/or Parking Modification Permit. The Community Development Director may commence proceedings for the revocation or modification of permits upon the occurrence of less than three (3) complaints if the Planning Commission Resolution No. 4170 PLN2014-196/ 197 & PLN2014-271 - 2125 S. Winchester Boulevard, Ste. 110 & 160 Conditional Use Permit and Parking Modification Permit Page 9 Community Development Director determines that the alleged violation warrants such an action. In exercising this authority, the decision making body may consider the following factors, among others: a. The number and types of noise complaints at or near the establishment that are reasonably determined to be a direct result of patrons actions or facility equipment; b. The number of parking complaints received from residents, business owners and other citizens concerning the operation of an establishment; and c. Violation of conditions of approval. 6. Food Service: Prior to issuance of a business license, the applicant shall submit a copy of the food (snack) menu shall be provided to the Community Development Director demonstrating that items offered for sale are to be limited to previously prepared and catered snacks, appetizers, and desserts. No "entree" food items shall be made available. 7. Liquor License: The business owner shall maintain in good standing a Type 42 liquor license from the State Department of Alcoholic Beverage Control. The license shall include Business Hours and other applicable restrictions consistent with the Conditional Use Permit approved herein. A copy of the issued license shall be provided to the Community Development Department prior to issuance of a Business License. 8. Alcohol Sales for Off-Site Consumption: The sale of alcohol for off-site consumption is prohibited. 9. Employee Training: As a franchise, the establishment shall use an online employee training module that addresses alcoholic beverage service. Furthermore, the business shall operate in accordance with the standards pertaining to the serving of alcohol as established by the California Restaurant Association and the California Department of Alcoholic Beverage Control. 10. Taxicab Service: The establishment shall post in a conspicuous place the telephone numbers of local taxicab services to provide a safe alternative mode of transportation for customers that use their service. 11. Location of Mechanical Equipment: No roof-mounted mechanical equipment, i.e. air conditioning units, shall be located on the roof of the building without providing screening of the mechanical equipment from public view and surrounding properties. Screening material and method shall require review and approval by the Community Development Director prior to installation of such mechanical equipment screening. 12. Outdoor Storage: No outdoor storage is permitted on the property. Planning Commission Resolution No. 4170 PLN2014-196/ 197 & PLN2014-271 - 2125 S. Winchester Boulevard, Ste. 110 & 160 Conditional Use Permit and Parking Modification Permit Page 10 Building Division 13. Permits Required: A building permit application shall be required for the proposed Tenant Improvements to the (e) commercial space. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 14. Construction Plans: The conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 15. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 16. 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. 17. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. Site plan shall also include site drainage details. Site address and parcel numbers shall also be clearly called out. Site parking and path of travel to public sidewalks shall be detailed. 18. 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. 19. Special Inspections: When a special inspection is required by C.B.C. Chapter 17, 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 C.B.C Chapter 1, Section 106. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 20. Non-Point Source Pollution: 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. 21. Title 24 Accessibilitv -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. 22. Title 24 Accessibilitv -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. Planning Commission Resolution No. 4170 PLN2014-196/ 197 & PLN2014-271 - 2125 S. Winchester Boulevard, Ste. 110 & 160 Conditional Use Permit and Parking Modification Permit Page 11 23. Approvals 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 d. San Jose Water Company 24. P.G.&E.: Applicant is advised to contact Pacific Gas and Electric Company as early as possible in the approval process. Service installations, changes and/or relocations may require substantial scheduling time and can cause significant delays in the approval process. Applicant should also consult with P.G.&E. concerning utility easements, distribution pole locations and required conductor clearances. 25. Storm Water Requirements: Storm water run-off impervious surface created by this permitted project shall be directed to vegetated areas on the project parcel. Storm water shall not drain onto neighboring parcels. Santa Clara County Fire Department 26. Review: Review of this Developmental proposal is limited to acceptability of site access and water supply as they pertain to fire department operations, and shall not be construed as a substitute for formal plan review to determine compliance with adopted model codes. Prior to performing any work the applicant shall make application to, and receive from, the Building Department all applicable construction permits. 27. Fire Sprinklers: Since the existing building is equipped with a fire sprinkler system, any interior modifications may require modifications to the fire sprinkler system. NOTE: The owner(s), occupant(s) and any contractor(s) or subcontractor(s) are responsible for consulting with the water purveyor of record in order to determine if any modification or upgrade of the existing water service is required. A State of California licensed (C-16) Fire Protection Contractor shall submit plans, calculations, a completed permit application and appropriate fees to this department for review and approval prior to beginning their work. Section R313.2 as adopted and amended by CBLMC 28. Plans Not Approved: To prevent plan review and inspection delays, the above noted Developmental Review Conditions shall be addressed as "notes" on all pending and future plan submittals and any referenced diagrams to be reproduced onto the future plan submittal. Planning Commission Resolution No. 4170 PLN2014-196/ 197 & PLN2014-271 - 2125 S. Winchester Boulevard, Ste. 110 & 160 Conditional Use Permit and Parking Modification Permit Page 12 PASSED AND ADOPTED this 14t" day of October, 2014, by the following roll call vote: AYES: Commissioners: Dodd, Finch, Kendall, Resnikoff, Reynolds, Rich and Young NOES: Commissioners: None ABSENT: Commissioners None ABSTAIN: Commissioners: None APPROVED: y =~ ~ ~ > Paul Resnikoff, Chair i ~~ ATTEST: Paul Kermoyan, Secretary