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PC Res 4315RESOLUTION NO. 4315 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING THE CITY COUNCIL APPROVE AN ADMINISTRATIVE PLANNED DEVELOPMENT PERMIT (PLN2015-98) AND CONDITIONAL USE PERMIT (PLN2015-99) TO ALLOW AN OUTDOOR PATIO WITH ALCOHOL SERVICE IN CONJUNCTION WITH AN EXISTING RESTAURANT (ORALE) WITH A REQUEST FOR AN EXCEPTION TO A STREETSCAPE STANDARD CONTAINED WITHIN THE WINCHESTER BOULEVARD MASTER PLAN ON PROPERTIES LOCATED AT 1708, 1740 8~ 1750 S. WINCHESTER BOULEVARD. FILE NO. PLN2015-98/99 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(s) PLN2015-98/99: Environmental Finding 1. The project qualifies as Categorically Exempt under Section 15301 Class 1 of the California Environmental Quality Act (CEQA) pertaining to minor alterations to an existing private structure, involving negligible or no expansion of use. Evidentiary Findings The project site comprises three properties which include 1708, 1740 & 1750 S. Winchester Boulevard, located on the east side of S. Winchester Boulevard, north of Garrison Drive (a private street), abutting an apartment community to the east and commercial properties to the north and south. 2. The project site is zoned P-D (Planned Development) on the City of Campbell Zoning Map. 3. The project site is designated Central Commercial on the City of Campbell General Plan Land Use Map. 4. The project site is located within the Winchester Boulevard Master Plan (WBMP). 5. The proposal conforms to all requirements of the General Plan, Zoning, and Winchester Boulevard Master Plan, except that two new parking spaces are proposed within a 17-foot streetscape standard contained within the WBMP which requires approval of an exception to the WBMP to allow. 6. The request for an exception to the Winchester Boulevard Master Plan requires City Council approval. 7. The project site, as a developed site, is distinct from a new development which could more readily conform to the setbacks and development standards of the Winchester Boulevard Master Plan. Planning Commission Resolution No. 4315 PLN2015-98/99 - 1708, 1740 & 1750 S. Winchester Blvd Administrative Planned Development Permit & Use Permit -Outdoor patio with alcohol service Page 2 of 3 8. The existing driveway to be removed and replaced is not long enough to warrant installation of the streetscape standard/details contained within the WBMP. 9. The existing building encroaches into the required streetscape setback of the WBMP. 10. The request for an exception to the Winchester Boulevard Master Plan is necessary for the preservation and enjoyment of a substantial property right, in that it continues to allow for minor improvements to the property until such time that a more substantive redevelopment of the site would trigger conformance with the streetscape standards. l 1. The creation of an outdoor dining/patio area is responsive to the objective of the Winchester Boulevard Master Plan to create a more pedestrian friendly streetscape. 12. The requested exception to the Winchester Boulevard Master Plan is necessary to offset the parking impacts of the proposed outdoor patio and dining area. 13. The proposed project will be compatible with the underlying Central Commercial General Plan land use designation and the Winchester Boulevard Master Plan, as conditioned. 14. No substantial evidence has been presented which shows that the project, as currently presented and subject to the required Conditions of Approval, will have a significant adverse impact on the environment. 15. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. 16. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 17. 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; 18. The proposed development would be compatible with the general plan and will aid in the harmonious development of the immediate area; 19. The proposed development will not result in allowing more residential units that would be allowed by other residential zoning districts which are consistent with the general plan designation of the property; Planning Commission Resolution No. 4315 PLN2015-98/99 - 1708, 1740 & 1750 S. Winchester Blvd Administrative Planned Development Permit & Use Permit -Outdoor patio with alcohol service Page 3 of 3 20. The proposed development would not be detrimental to the health, safety or welfare of the neighborhood or of the city as a whole; 21. There are special circumstances and conditions affecting the subject property; 22. The exception is necessary for the preservation and enjoyment of a substantial property right of the developer; 23. The granted of the exception will not be detrimental to the public welfare, or injurious to other property in the area in which said property is situated; and 24. The project is Categorically Exempt under Section 15301 Class 1 of the California Environmental Quality Act (CEQA) pertaining to minor alterations to an existing private structure, involving negligible or no expansion of use. THEREFORE, BE IT RESOLVED that the Planning Commission recommends the City Council approve an Administrative Planned Development Permit (PLN2015-98) AND Conditional Use Permit (PLN2015-99) to allow an outdoor patio with alcohol service in conjunction with an existing restaurant (Orate) with a request for an exception to a streetscape standard contained within the Winchester Boulevard Master Plan on properties located at 1708, 1740 & 1750 S. Winchester Boulevard, subject to the attached Conditions of Approval (attached Exhibit "A"). PASSED AND ADOPTED this 26th day of July, 2016, by the following roll call vote: AYES: Commissioners: Finch, Kendall, Reynolds, Rich and Young NOES: Commissioners: None ABSENT: Commissioners Dodd, Bonhagen ABSTAIN: Commissioners: None 1 APPROVED: ~~' `~ ~~ ~~/ vonne Kendall, Acting Chair ATTEST: Paul Ke~moyan, Secretary EXHIBIT A RECOMMENDED CONDITIONS OF APPROVAL Administrative Planned Development Permit and Conditional Use Permit 1708, 1740 8~ 1750 S. Winchester Blvd (PLN2015-98/99) 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 Approved Project: Approval is granted for an Administrative Planned Development Permit (PLN2015-98) and Conditional Use Permit (PLN2015-99) to allow an outdoor patio with alcohol service in conjunction with an existing restaurant (Orate) with a request for an exception to a streetscape standard contained within the Winchester Boulevard Master Plan on properties located at 1708, 1740 & 1750 S. Winchester Boulevard. The project shall substantially conform to the revised project plans stamped as received by the Planning Division on May 16, 2016, and as redlined by staff to clarify the location of two additional parking spaces, except as may be modified by the conditions of approval herein. The applicant shall have the option to install a covered canopy, instead of umbrellas, over the proposed outdoor patio area. 2. Plan Revisions: The building permit submittal construction plans shall incorporate the following revisions: a. Parking Space Screening: The plans submitted for building permit review shall reflect the incorporation of a green screen/living wall in front of the proposed parking spaces. b. Patio Landscape Buffer: The plans submitted for building permit shall reflect the incorporation of enhanced landscaping in front of the proposed patio. The intent of this requirement is to provide buffer from the traffic on S. Winchester Boulevard and enhance the aesthetics of the outdoor dining area. c. Rooftop Signs & Mechanical Equipment: The plans submitted for building permit shall reflect the incorporation of a more comprehensive (360-degree) rooftop mechanical equipment screen. d. Patio Furniture: If the existing patio furniture is to be retained, please revise the plans to note as such accordingly and document the type/size of existing furniture and their proposed location on the project plans. e. Trash Enclosure: The plans submitted for building permit shall reflect the incorporation of a trash enclosure behind the Jerusalem Bar and Grill. The trash enclosure shall comply with the requirements of CMC 21.18.110 and provide a sewer connection, and roof. Compliance with these requirements and plan revisions shall be subject to the satisfaction of the Director of Community Development. Exhibit A -Conditions of Approval ~ 1750 S. Winchester Blvd (PLN2015-98/99) Page 2 of 9 3. Permit Expiration: The Administrative Planned Development Permit (PLN2015-338) and Conditional Use Permit (PLN2015-99) approved herein shall be valid for two years from the date of final approval. The City Council will be the final approving authority. Within this two-year period an application for a building permit must be submitted. Failure to meet this deadline will result in the Administrative Planned Development Permit and Conditional Use Permit being rendered void. 4. Operational Standards: Consistent with City standards, any restaurant operating pursuant to the Administrative Planned Development Permit and/or Conditional Use Permit approved herein shall conform to the following operational standards: a. Restaurant Seating: Total seating shall be limited 52 seats (40 indoor, 12 outdoor). This seating limitation is also subject to the maximum occupancy capacities of certain rooms as determined by the California Building Code (CBC). 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. b. Bar Area: No separate bar area, as defined by the Campbell Municipal Code, shall be permitted within the restaurant. c. Point of Sale: No separate point of sale shall be allowed for beer and wine purchases, apart from the system used for food purchase. This restriction is intended to preclude the business from establishing a more bar like atmosphere by prioritizing or separating drink purchases from purchase of food. d. High Top Tables & Chairs: The Community Development Director shall retain the ability to curtail the number of high top tables and chairs in the event that the subject tenant, or future tenants operating under pursuant to the Conditional Use Permit adopted herein, begin to resemble a bar atmosphere. The subject tenant shall have no more than sixty-days to replace the interior seating with new furniture subject to the review and approval of the Community Development Director. Failure to remove furniture within this time period shall be grounds to take the permit back to the Planning Commission for consideration of revocation. e. Floor Plan: At no time shall the seating be reconfigured to create large open spaces for patrons to congregate, dance, drink, or socialize. All tables and chair shall be placed in such a manner to allow sufficient area for dining. At no time shall tables and chairs be stacked or removed from the identified dining area or placed outside. f. Maximum Occupancy Sign: The business owner shall install a new maximum occupancy sign of a size to be determined by the Community Development Director, conspicuously posted within the premises, which shall include the maximum occupancy noted herein and include a visual depiction on the final floor plan configuration including the number of approved seats, and seat locations. g. Food Service: Full menu food service shall be provided at all times the business is in operation (i.e., the kitchen shall not be closed during the Business/Public Hours). Exhibit A -Conditions of Approval ~ 1750 S. Winchester Blvd (PLN2015-98/99) Page 3 of 9 h. Live Entertainment: No live entertainment is permitted as part of the Conditional Use Permit, including live music, disc jockey, karaoke, and dancing. i. Alcohol Beverage Service: Alcohol beverage service shall only be allowed in conjunction with food service. j. 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/Public Hours:8:00 AM - 10:00 PM, Daily • Operational Hours: 7:30 AM - 10:30 PM, Daily k. Liquor License: Tenants shall obtain and maintain in good standing a Type 41 license, from the State Department of Alcoholic Beverage Control for any sale of beer and wine in conjunction with a bone fide eating establishment. The license shall include Business Hour, a limitation prohibiting the off-site sale of alcohol, premise area 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. I. Loitering: There shall be no loitering allowed outside the business. The business owner is responsible for monitoring the premises to prevent loitering. m. Noise: Music shall be played indoors and at a low level at all times. Unreasonable levels of noise, sounds and/or voices, including but not limited to amplified sounds, loud speakers, sounds from audio sound systems, music, and/or public address system, generated by the establishment shall not be audible to a person of normal hearing capacity from any residential property. No speakers shall be permitted to be installed outdoors. n. Taxicab Service: The establishment shall post in a conspicuous place the telephone numbers of local taxicab services. o. Smoking: "No Smoking" signs shall be posted on the premises in compliance with CMC 6.11.060. p. Trash & Clean Up: All trash, normal clean up, carpet cleaning, etc. shall occur during the approved `Operational Hours'. q. Outdoor Cooking: No outdoor cooking (i.e., grilling, smoking, etc.) is permitted in association with the establishment. r. Training: 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. 5. Revocation of Permit: Operation of a "full service restaurant" with beverage (including beer and wine) and food sales pursuant to the Conditional Use 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, if it is determined that its operation has become a nuisance to Exhibit A -Conditions of Approval ~ 1750 S. Winchester Blvd (PLN2015-98/99) Page 4 of 9 the City's public health, safety or welfare or for violation of the Conditional Use 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. 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 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 or odor 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. Alcohol Sales for Off-Site Consumption: The sale of alcohol for off-site consumption is prohibited. 7. 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. 8. Outdoor Storage: No outdoor storage is permitted on the property. 9. Storefront Windows & Doors: At no time shall an obscure wall or barrier (i.e. drapery, window tinting, blinds, furniture, inventory, shelving units, storage of any kind, or similar) be installed along, behind or attached to storefront windows or doorways that blocks visual access to the tenant space or blocks natural light without prior written approval of the Director of Community Development. 10. Delegation of Authority: Modifications to the site or project shall default back to the decision making body specified in the Campbell Municipal Code and not otherwise require City Council approval except where expressly required. 11. 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. 12. Parking: All parking and driveway areas shall be maintained in compliance with the standards in Chapter 21.28 (Parking & Loading) of the Campbell Municipal Code and the Winchester Boulevard Master Plan except where explicitly granted an exception by the City Council. Exhibit A -Conditions of Approval ~ 1750 S. Winchester Blvd (PLN2015-98/99) Page 5 of 9 13. Reciprocal Parking and Access Covenant: Prior to submittal of building permits, a covenant running with the land shall be recorded by the owner of 1708 & 1740 S. Winchester Boulevard guaranteeing that one parking space and four motorcycle spaces will be maintained for the life of the use and activity served at 1750 S. Winchester Boulevard. The covenant shall include language to allow for reciprocal access between the three properties for general access and vehicular circulation, as well as flexibility to allow the required parking spaces to be reassigned or relocated within the development in the event the property is redeveloped. The covenant shall be required to be reviewed and approved by the City Attorney prior to issuance of building permits. The covenant may not be removed from the property without the prior written consent of the Director of Community Development. 14. Code Enforcement: As an active Code Enforcement case, the property owner shall submit construction plans and apply for a building permit within one month of final approval. Within two weeks of building permit issuance the work shall have commenced. Within one year of building permit issuance the work shall have been completed. Failure to meet any of these deadlines may result in citations from the Code Enforcement Department. 15. Compliance with Other Regulations: The applicant shall comply with all state, county, and city regulations and laws that pertain to the proposed project. 16. On-Site Lighting: 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 proposed exterior building lighting shall be reviewed by the Community Development Director prior to installation of the lighting for compliance with all applicable Conditions of Approval, ordinances, laws and regulations. The Director will have the authority to reject, approve or request modifications to the lighting to achieve these goals. 17. Si na e: No new signage has been considered as part of this project. Future signage shall be considered pursuant to applicable City development standards and processes. 18. Construction Activities: The applicant shall abide by the following requirements during construction: a. The project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street prior during all periods of construction. b. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00 p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take place on Sundays or holidays unless an exception is granted by the Building Official. c. All construction equipment with internal combustion engines used on the project site shall be properly muffled and maintained in good working condition. d. Unnecessary idling of internal combustion engines shall be strictly prohibited. e. All stationary noise-generating construction equipment, such as air compressors and portable power generators, shall be located as far as possible from noise-sensitive receptors such as existing residences and businesses. f. Use standard dust and erosion control measures that comply with the adopted Best Management Practices for the City of Campbell. Exhibit A -Conditions of Approval ~ 1750 S. Winchester Blvd (PLN2015-98/99) Page 6 of 9 Building Division 19. Permits Required: A building permit application shall be required for the proposed renovations to the (e) commercial building. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. The building shall be made to comply with all the requirements necessary to the new buildings proposed occupancy. 20. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 21. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 22. 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. 23. 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. 24. 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. 25. 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. 26. 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. 27. 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. 28. Title 24 Accessibility -Commercial: this project shall comply fully with the provisions of Chapter 11 B of the California Building Code 2013 ed. 29. 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 Exhibit A -Conditions of Approval ~ 1750 S. Winchester Blvd (PLN2015-98/99) Page 7 of 9 c. Santa Clara County Department of Environmental Health 30. 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. 31. Storm Water 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 Department 32. The following conditions only apply if the applicant has a need to install /upgrade utility services (water, sewer, gas, etc.) in the street: a. Utility Encroachment Permit: Separate permits for the installation of utilities to serve the development will be required (including water, sewer, gas, electric, etc.). Applicant shall apply for and pay all necessary fees for utility permits for sanitary sewer, gas, water, electric and all other utility work. b. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities. The plan shall clearly show the location and size of all existing utilities and the associated main lines; indicate which utilities and services are to remain; which utilities and services are to be abandoned, and where new utilities and services will be installed. Joint trenches for new utilities shall be used whenever possible. 33. Pavement Restoration: Based on the utility coordination plan, the applicant shall prepare a pavement restoration plan for approval by the City Engineer prior to any utility installation or abandonment. Streets that have been reconstructed or overlaid within the previous five years will require boring and jacking for all new utility installations. Winchester Boulevard has not been reconstructed or overlaid in the last 5 years. The pavement restoration plan shall indicate how the street pavement shall be restored following the installation or abandonment of all utilities necessary for the project. 34. The following condition only applies if the alternative parking plan shown on sheet A2A, which proposes the closure of the existing driveway to Winchester Boulevard, is approved: a. Encroachment Permit/Fees/Deposits: The applicant shall obtain an encroachment permit (including fees, surety and insurance) for the proposed closure of the existing driveway approach within the right-of-way on Winchester Boulevard. The applicant shall remove the existing driveway approach and reconstruct the area with City standard curb, gutter and sidewalk. 35. Street Improvements Completed for Occupancy and Building Permit Final: Prior to allowing occupancy and/or final building permit signoff for any and/or all buildings, the Exhibit A -Conditions of Approval ~ 1750 S. Winchester Blvd (PLN2015-98/99) Page 8 of 9 applicant shall have the required street improvements installed and accepted by the City, and the design engineer shall submit as-built drawings to the City. 36. Additional Street Improvements: Should it be discovered after the approval process that new utility main lines, extra utility work or other work is required to service the development, and should those facilities or other work affect any public improvements, the City may add conditions to the development/project/permit, at the discretion of the City Engineer, to restore pavement or other public improvements to the satisfaction of the City. Santa Clara County Fire Department 37. Comment #1: Review of this development 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.