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PC Res 4240RESOLUTION NO. 4240 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING AN ADMINISTRATIVE PLANNED DEVELOPMENT PERMIT (PLN2014-309) AND PARKING MODIFICATION PERMIT (PLN2014-310) TO ALLOW ESTABLISHMENT OF A 'STANDARD RESTAURANT' (STEAK N' SHAKE) WITH EARLY MORNING OPERATIONAL HOURS ('LATE- NIGHT ACTIVITY'), OUTDOOR SEATING ON A NEW PATIO, REMODEL OF AN EXISTING COMMERCIAL BUILDING, AND A REDUCTION IN THE NUMBER OF REQUIRED PARKING SPACES, ON PROPERTY LOCATED AT 501 E. CAMPBELL AVENUE FILE NO: PLN2014-309/310 After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. The Planning Commission finds as follows with regard to file number PLN2014-309/310: The project site is a 1.4 acre shopping center commonly known as Lloyd Square, located along East Campbell Avenue between Foot and Page Streets, consisting of a 12,600 square-foot building towards the rear and a smaller 5,000 square-foot building at the southwest corner of the site, improved with 86 parking stalls. 2. The project site is within the P-D (Planned Development) Zoning District and is designated with a Central Commercial land use designation by the General Plan. 3. The project site is also within the boundaries of the East Campbell Avenue Master Plan. 4. The East Campbell Avenue Master Plan was adopted by the City Council in 2007 "to tie historic Downtown Campbell to the The Pruneyard office and shopping center, thereby creating a more connected, attractive, and functional corridor." 5. The East Campbell Avenue Master Plan was specifically intended to further the General Plan vision of an expanded Downtown, as articulated by the Downtown Development Plan Policy LU 6.1: Policy LU-6.1: Expansion of Downtown: Facilitate and encourage the evolution of the Downtown beyond the loop streets, eastward to the Hwy 17 overpass and westward to the Community Center, through public improvements, urban design and land use patterns that connect, both visually and physically this stretch of Campbell Avenue. 6. The East Campbell Avenue Master Plan specifies that allowable land uses are the same as those allowed within the Historic Downtown core (i.e., within the C-3 Zoning District), with a specific emphasis on retail and restaurants on the ground floor: In general, the vision for this Plan area shall be ground floor retail/restaurant, with upper floor residential/office. It is expected that a variety of ground floor retail businesses and eating establishments shall be maintained to achieve a balanced and distinctive pedestrian-oriented experience, without an overconcentration of any one type of use. [Pg. 30] 7. The proposed project is an application for an Administrative Planned Development Permit (PLN2014-309) and Parking Modification Permit (PLN2014-310) to allow Planning Commission Resolution No. 4240 501 E. Campbell Ave. -Approving an Admin. P-D Permit and Parking Mod. Permit Page 2 of 4 establishment of a 'standard restaurant' with early morning operational hours ('late- night activity'), and outdoor seating on a new patio, remodel of an existing commercial building, and a reduction in the number of required parking spaces for the restaurant. 8. The proposed restaurant would have (public) business hours of 6 AM to 10 PM, with additional time before (5 AM) and after (11 PM) for preparation and clean-up activities. 9. The proposed restaurant would assume the 3,600 square-foot corner tenant space last occupied by Tread, a retail bicycle store. 10. The proposed restaurant is a "standard restaurant," characterized by operational practices and features, including a host station, wait staff, table service, individual menus, and non-disposable plates/cups with metal cutlery. 11. Pursuant to the East Campbell Avenue Master Plan, a restaurant is an allowable land use subject to approval of an Administrative Planned Development Permit. 12. Under the city-wide parking standard for restaurants (1 space for every 3 seats plus 1 space for every 200 square-feet of "non-dining" area), the restaurant would require 51 parking spaces. Based on the shopping center's overall parking ratio of 1 space per 200 square-feet, the restaurant's pro-rated proportional share of parking stalls is 18, resulting in a technical deficiency of 33 spaces. 13. The East Campbell Avenue Master Plan notes that all new developments are subject to existing city parking requirements, but that adjustments may be approved by the decision making body pursuant to CMC 21.28.050. This code section provides relief from parking standards under certain circumstances through consideration of a Parking Modification Permit. For proposals resulting in a deficiency greater than 10%, preparation of a parking demand study is required to review the request. In compliance with requirement, the project's traffic analysis incorporated a parking study. 14. Based upon a parking survey of the project site, and ITE Parking Generation rates, the parking study anticipates the Lloyd Square parking lot would be occupied by 66 vehicles (approximately 75% of capacity), with the proposed restaurant at peak capacity. The project site is therefore able to accommodate the proposed project. 15. The project's traffic study for the proposed restaurant found that the project would generate fewer than 50 "new" peak hour trips, the threshold for a more detailed level of service (LOS) analysis. As a result, the project would not result in the generation of traffic inconsistent with an anticipated and appropriate tenancy of the project site. 16. The Planning Commission's review of the proposed project encompassed zoning and General Plan land use conformance, noise impacts, parking, property maintenance, odors, security and enforcement. 17.Applicable General Plan Land Use Policies and Strategies considered by the Planning Commission include: Strategy LUT-5.3g: Dav and Evening Activities: Encourage restaurant and specialty retail uses in the Downtown commercial area that will foster a balance of day and evening activity. Planning Commission Resolution No. 4240 501 E. Campbell Ave. -Approving an Admin. P-D Permit and Parking Mod. Permit Page 3 of 4 Strategy LUT-5.3c: Revitalization of Shogpinp Centers: Encourage the maintenance and revitalization of commercial shopping centers. Strategy LUT-19.1a: Mix of Uses: Encourage a compatible mix of uses (i.e. professional offices, services and retail uses) with ground floor retail uses. Strategy LUT-19.1 b: Pedestrian Orientation: Reinforce East Campbell Avenue as a pedestrian- oriented retail street. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. 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; 2. The proposed development would be compatible with the general plan and will aid in the harmonious development of the immediate area; 3. The proposed development will not result in allowing more residential units than would be allowed by other residential zoning districts which are consistent with the general plan designation of the property; and 4. The proposed development would not be detrimental to the health, safety or welfare of the neighborhood or of the city as a whole. 5. The establishment will not create a nuisance due to litter, noise, traffic, vandalism or other factors; 6. The establishment will not significantly disturb the peace and enjoyment of the nearby residential neighborhood; and 7. Proposed conditions of approval, are sufficient to mitigate any detrimental impacts specified that may be caused by the late-night establishment. 8. Due to the unique nature and circumstances of the project, 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 standard, and would be satisfied by the existing or proposed number of parking spaces, as supported by review of the applicant's documentation and/or a parking demand study prepared by a qualified transportation engineer accepted by the decision-making body; 9. Conditions of approval have been incorporated into the project to ensure the long-term adequacy of the provided off-street parking; 10.Approval of the parking modification permit will further the purpose of this chapter; and 11. This project is Categorically Exempt under Section 15303, Class 3(c) of the California Environmental Quality Act (CEQA), pertaining to the conversion of existing building area of less than 10,000 square-feet from one use to another, where only minor modifications are made to the exterior of the structure. Planning Commission Resolution No. 4240 501 E. Campbell Ave. -Approving an Admin. P-D Permit and Parking Mod. Permit Page 4 of 4 THEREFORE, BE IT RESOLVED that the Planning Commission approves an Administrative Planned Development (PLN2014-309) and Parking Modification Permit (PLN2014-310), on property located at 501 E. Campbell Avenue, subject to the attached Conditions of Approval (attached Exhibit "A"). PASSED AND ADOPTED this 8th day of September, 2015, by the following roll call vote: AYES: Commissioners: Reynolds, Rich, Bonhagen, and Young NOES: Commissioners: Dodd, Finch ABSENT: Commissioners Kendall ABSTAIN: Commissioners: None APPROVED: Pamela Finch, ai ATTEST: Paul Ker~moyan, Secretary EXHIBIT A CONDITIONS OF APPROVAL Administrative Planned Development Permit (PLN2014-309) Parking Modification Permit (PLN2014-310) 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 Division 1. Approved Proiect: Approval is granted for an Administrative Planned Development Permit (PLN2014-309) and Parking Modification Permit (PLN2014-310) to allow a restaurant within an existing commercial tenant space located at 501 E. Campbell Avenue. The project shall substantially conform to the Revised Project Plans and Project Description received by the Planning Division on June 12, 2015, and November 7, 2014, respectively, except as may be modified by the Conditions of Approval contained herein. 2. Permit Expiration: The Administrative Planned Development Permit and Parking Modification Permit ("Approval") shall be valid for one (1) year from the effective date of Planning Commission action. Within this one-year period an application for a building permit must be submitted. Failure to meet this deadline or expiration of an issued building permit will result in the Approval being rendered void. Once established, the Approval shall be valid in perpetuity subject to continued operation of the use in accordance with the conditions of approval contained herein. Abandonment, discontinuation, or ceasing of operations for a continuous period of twelve months shall render the Approval void. 3. signage: No signage has been approved as part of this development application. New signage shall not be installed prior to approval of a sign permit as required by the Campbell Municipal Code. The allowable sign materials for the project site shall include enameled metal, painted wood, cast metal, painted fabric (awning signage), and similar materials, as specified by the East Campbell Avenue Master Plan. The "lifestyle graphic" wall panels are architectural elements presenting non-commercial photographs and shall not be considered signs. 4. Planning Final Required: Planning Division clearance is required prior to Building Permit final. Construction not in substantial compliance with the approved project plans shall not be approved without prior authorization of the necessary approving body. 5. Vacation of Landscape Easement: Prior to issuance of a building permit, the property owner shall obtain approval and cause vacation of the Landscape Easement (maintaining the public service easement) along the Campbell Avenue frontage. Conditions of Approval ~ 501 E. Campbell Ave. Admin. P-D Permit /Parking Modification Permit - PLN2014-309/310 Paae 2 6. Construction Drawings Requirements: The construction drawings submitted for a building permit shall include the following revisions: a. Outdoor Furniture. Details for patio furniture, including chairs, tables, and umbrellas shall be included within the construction drawings. All furniture shall be of a high quality material and design, appropriate for the Downtown setting, as approved by the Community Development Director. b. Patio Design. The site plan shall include specific details on the patio design, including paving materials for approval by the Community Development Director. The patio shall be designed to be level with the adjacent public sidewalk and gradually transition to the building wall and entrance. A barrier surrounding the patio, such as railing or planters, shall not be permitted. c. Ventilation System. Specifications and details for a mechanical ventilation system with odor filtration consistent with the best management practices established by the Air Quality District, shall be included within the construction drawings, for approval by the Community Development Director. d. Walk-Up Window: The site plan and floor plan shall not include a "walk-up", "to-go", or "pick-up" window. e. Floor Plan Layout: The floor plan shall not include booth seating along the southerly (Campbell Avenue) wall. f. Parking Lot: The site plan shall not include changes to the parking lot configuration, except that one (1) parking stall shall be permitted to be marked as time-limited "Take Out Parking Only". 7. Operational Standards: Consistent with the submitted Project Descriptions and City standards, any restaurant operating pursuant to this Approval shall conform to the following operational standards. Significant deviations from these standards (as determined by the Community Development Director) shall require approval by the Planning Commission: a. Approved Use: The approved use is a "standard restaurant" as defined by the Campbell Municipal Code. At no time shall the restaurant be operated as a "fast food" restaurant. This shall require the restaurant to include a host station, wait staff, table service, individual menus, and non-disposable plates, cutlery, and drink-ware. b. Restaurant Seating/Patron Occupancy: Total indoor patron occupancy shall be limited to 86 seated persons, subject to the maximum occupancy capacities of certain rooms as determined by the California Building Code (CBC). At no time shall there be more than 86 patrons within the establishment, excluding those waiting for service. It is the responsibility of the business owner to provide adequate entrance controls to ensure that patron occupancy is not exceeded. Maximum Occupancy signs shall be posted conspicuously within the premises. Conditions of Approval ~ 501 E. Campbell Ave. Admin. P-D Permit /Parking Modification Permit - PLN2014-309/310 Page 3 c. Hours of Operation: Hours of operation shall be as follows. By the end of 'Business Hours' all patrons shall have exited the restaurant. By the end of the 'Operational Hours' all employees shall be off the premises. • Business Hours 6:00 AM - 10:00 PM, Daily • Operational Hours 5:00 AM - 11:00 PM, Daily d. Live Entertainment: No live entertainment is permitted as part of this Approval, including live music, disc jockey, karaoke, or dancing. e. Alcohol Beverage Service: No alcohol beverage service is permitted as part of this Approval. f. Smoking: "No Smoking" signs shall be posted on the premises in compliance with CMC 6.11.060. g. Noise: Outdoor speakers are prohibited. Unreasonable levels of noise, sounds and/or voices, including but not limited to indoor amplified sounds, indoor loud speakers, sounds from indoor audio sound systems or music, and/or indoor public address system, generated by the establishment shall not be audible to a person of normal hearing capacity from outside the enclosed tenant space. Restaurant staff shall limit activity from 5 AM to 6 AM to the interior of restaurant. h. Loitering: There shall be no loitering allowed outside the business, including adjacent to the walk-up window. The business owner is responsible for monitoring the premises to prevent loitering. i. Property Maintenance: The business owner shall maintain all exterior areas of the business free from graffiti, trash, and rubbish. j. Trash Disposal and Clean-Up: All trash disposal, normal clean-up, carpet cleaning, window cleaning, sidewalk sweeping, etc. shall occur during the "operational hours," except that restaurant staff shall limit activity from 5 AM to 6 AM to the interior of restaurant. k. Outdoor Cooking: Outdoor cooking, such as grilling and smoking, is prohibited. I. Storefront Glazing: All storefront glazing shall remain unobscured, except for the 25% of window area permitted to be occupied with the window signage. m. Landscape Maintenance: The owner/operator of the property shall provide on-going maintenance of the required landscaping for the project. n. Outdoor Seating: Outdoor seating shall be subject to the following standards: i. Total patron occupancy in the outdoor seating area shall be limited to 32 seated patrons, within the approved patio area. ii. The design and make of all furniture (chairs, tables, and umbrellas, etc.) shall be subject to review and approval by the Community Development Director. Conditions of Approval ~ 501 E. Campbell Ave. Admin. P-D Permit /Parking Modification Permit - PLN2014-309/310 Paae 4 iii. During non-business hours, chairs and tables shall be stacked, stored inside, or otherwise secured to prevent unauthorized use iv. All outdoor furniture shall be kept clean and in good repair and replaced and/or fixed as necessary. v. The business owner shall maintain comprehensive liability insurance and list the City as an "additionally insured". Before the issuance of a Business License, the business owner shall furnish to the city a certificate of insurance. vi. A barrier surrounding the patio, such as railing or planters, shall not be permitted. vii. Exterior heaters shall be electric or natural gas; propane heaters are prohibited. 8. Location of Mechanical Equipment: No roof-mounted mechanical equipment, i.e. air conditioning units, shall be located on the roof of 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. 9. Refuse Enclosure: The new refuse enclosure for the restaurant shall be constructed in compliance with applicable standards of Section 21.18.110 of the Campbell Municipal Code, and shall include a roof covering, sanitary drain connection, and fire sprinkler protection. Refuse receptacles shall be kept within the enclosures except during collection in compliance with Chapter 6.04 of the Campbell Municipal Code. 10. Parking, Driveways, and Maintenance: All parking and driveway areas shall be developed in compliance with the approved plans and Chapter 21.30 (Parking and Loading) of the Campbell Municipal Code, subject to review by the Community Development Director. No changes to the parking lot configuration are approved under this Approval, except that one (1) parking stall shall be permitted to be marked as time- limited "Take Out Parking Only". 11. Revocation of Permit: Operation of restaurant use pursuant to the Administrative Planned Development Permit and Parking Modification Permit approved herein is subject to Chapter 21.68 of the Campbell Municipal Code authorizing the appropriate decision making body to modify or revoke an Administrative Planned Development Permit and 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 Administrative Planned Development Permit and 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 may be scheduled to consider modifying conditions of approval or revoking the Administrative Planned Development Permit and Parking Modification Permit. The Community Development Director may commence proceedings for the revocation or modification of permits upon the occurrence of less Conditions of Approval ~ 501 E. Campbell Ave. Admin. P-D Permit /Parking Modification Permit - PLN2014-309/310 Page 5 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: 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; c. 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; and d. Violation of the conditions of approval contained herein. Building Division: 12. Permits Required: A building permit application shall be required for the proposed Restaurant Tenant Improvements to the (e) vacant commercial space. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 13. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 14. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 15. 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. 16. 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. 17. Title 24 Energy Compliance: California Title 24 Energy 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. 18. 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 Appendix Chapter 1, Section 106. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. Conditions of Approval ~ 501 E. Campbell Ave. Admin. P-D Permit /Parking Modification Permit - PLN2014-309/310 Page 6 19. Non-point Pollution Control Program: 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. 20.Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. West Valley Sanitation District (378-2407) b. Santa Clara County Fire Department (378-4010) c. Santa Clara County Dept. of Environmental Health (918-3400) d. City of San Jose Dept. of Environmental Services (535-8550) 21. 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. and E. concerning utility easements, distribution pole locations and required conductor clearances. 22. Stormwater Requirements: Storm water run-off from 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. PUBLIC WORKS 23. Site Plan: Revise sheet Al to show the existing 20 foot Landscape and Public Service Easements contiguous with the East Campbell Avenue frontage. 24. Sidewalk Easement: Prior to issuance of any building permits for the site, the applicant shall grant a sidewalk easement on private property contiguous with the public right-of- way along the East Campbell Avenue frontage to accommodate the portion of the existing sidewalk currently shown on private property, unless otherwise approved by the City Engineer. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 25. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding stormwater pollution prevention. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay. Resources to achieve these objectives include Stormwater Best Management Practices Handbook for New Development and Redevelopment ("CA BMP Handbook") by the California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for Stormwater Quality Protection ("Start at the Source") by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Conditions of Approval ~ 501 E. Campbell Ave. Admin. P-D Permit /Parking Modification Permit - PLN2014-309/310 Page 7 Site Design Techniques to Meet Development Standards for Stormwater Quality.' A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. COUNTY FIRE DEPARTMENT 26. Formal Plan Review: Review of this development proposal is limited to accessibility 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 Division all applicable construction permits. 27. Commercial cooking operations: All commercial cooking operations must comply with the applicable requirements of the currently adopted edition of CFC Sec. 609 and 610, regarding installation of a hood and cooking oil storage systems. 28. Commercial fire suppression systems: Fire suppression for commercial cooking operations must comply with the applicable conditions of the currently adopted edition of CFC Sec. 904. Contact this office with any questions relating to Comments #2 and #3.