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