CC Resolution 12036RESOLUTION NO. 12036
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING 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 & 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 City Council finds as follows with regard to file number PLN2015-98/99:
Environmental Findirig
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
1. 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.
City Council Resolution
Approving an Administrative Planned Development Permit with Exception to WBMP
1708, 1740 & 1760 S. Winchester Boulevard - PLN2015-98/99
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.
11. 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 City Council 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;
City Council Resolution
Approving an Administrative Planned Development Permit with Exception to WBMP
1708, 1740 & 1760 S. Winchester Boulevard - PLN2015-98/99
Paae 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 City Council adopts a Resolution approving 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 property located at 1708, 1740, & 1750
S. Winchester Boulevard, subject to the attached Conditions of Approval (attached
Exhibit "A").
PASSED AND ADOPTED this 16th day of August, 2016, by the following roll call vote:
AYES: COUNCILMEMBERS: Kotowski, Resnikoff, Cristina, Gibbons, Baker
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
APPROVED:. b~ ~ ~--
Jason T. Baker, Mayor
ATTEST: vn
Wend ood, City Clerk
Exhibit A
CONDITIONS OF APPROVAL
Administrative Planned Development Permit and Conditional Use Permit
1708, 1740 & 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
1. 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.
Conditions of Approval ~ 1708, 1740 & 1760 S. Winchester Boulevard
Administrative Planned Development Permit with Exception to WBMP - PLN2015-98 & 99
Paoe 2 of 9
3. Permit Expiration: The Administrative Planned Development Permit (PLN2015-98) 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.
Conditions of Approval ~ 1708, 1740 & 1760 S. Winchester Boulevard
Administrative Planned Development Permit with Exception to WBMP - PLN2015-98 & 99
Page 3 of 9
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).
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
Conditions of Approval - 1708, 1740 & 1760 S. Winchester Boulevard
Administrative Planned Development Permit with Exception to WBMP - PLN2015-98 & 99
Page 4 of 9
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
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.
Conditions of Approval - 1708, 1740 & 1760 S. Winchester Boulevard
Administrative Planned Development Permit with Exception to WBMP - PLN2015-98 & 99
Page 5 of 9
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.
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. signage: 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.
Conditions of Approval - 1708, 1740 & 1760 S. Winchester Boulevard
Administrative Planned Development Permit with Exception to WBMP - PLN2015-98 & 99
Paoe 6 of 9
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.
Conditions of Approval - 1708, 1740 & 1760 S. Winchester Boulevard
Administrative Planned Development Permit with Exception to WBMP - PLN2015-98 & 99
Page 7 of 9
Building Division
19. Permits Reauired: 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 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.
28. Title 24 Accessibilitv -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:
Conditions of Approval - 1708, 1740 & 1760 S. Winchester Boulevard
Administrative Planned Development Permit with Exception to WBMP - PLN2015-98 & 99
Page 8 of 9
a. West Valley Sanitation District
b. Santa Clara County Fire Department
c. Santa Clara County Department of Ehvironmental 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 Reouirements: 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.
c. 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.
33. 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
Conditions of Approval - 1708, 1740 & 1760 S. Winchester Boulevard
Administrative Planned Development Permit with Exception to WBMP - PLN2015-98 & 99
Page 9 of 9
applicant shall remove the existing driveway approach and reconstruct the area with
City standard curb, gutter and sidewalk.
34. Street Improvements Completed for Occupancv and Building Permit Final: Prior to
allowing occupancy and/or final building permit signoft for any and/or all buildings, the
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.
35.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
36. 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.