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PC Res 4352RESOLUTION NO. 4352 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING AN ADMINISTRATIVE PLANNED - DEVELOPMENT PERMIT (PLN2016-171) TO ALLOW AN INTERIOR AND EXTERIOR RENOVATION OF AN EXISTING MOVIE THEATER, INCLUDING EXPANSION INTO AN ADJOINING TENANT SPACE AND A CONDITIONAL USE PERMIT (PLN2016-170) TO ALLOW BEER AND WINE SERVICE ("LIQUOR ESTABLISHMENT") IN ASSOCIATION WITH THE EXISTING MOVIE THEATER WITH LATE- NIGHT OPERATIONAL HOURS ON PROPERTY LOCATED AT 2501 S. WINCHESTER BOULEVARD. FILE NO: PLN2016-170/171 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 No. PLN2016-170/171: The proposed project includes a request for an Administrative Planned Development Permit (PLN2016-171) to allow an interior and exterior renovation of an existing movie theater (Cinelux Plaza Theatre), including expansion into an adjoining tenant space and a Conditional Use Permit (PLN2016-170) to allow beer and wine service ("liquor establishment") in association with the existing movie theater with late-night operational hours. 2. The project site is the Campbell Plaza Shopping Center, located along South Winchester Boulevard, south of Budd Avenue. 3. The project site is developed with a shopping center which includes a Safeway grocery store and supporting retail within several commercial buildings divided into individual tenant spaces. The shopping center abuts commercial buildings to the south and is adjacent to residential development to the west. 4. The project site is within the P-D (Planned Development) Zoning District and is designated Commercial/Office/Residential by the General Plan. 5. The project site is within the boundaries of the Winchester Boulevard Master Plan. 6. The Winchester Boulevard Master Plan was adopted by the City Council in 2009 with the goal of transforming "Winchester Boulevard into a vibrant mixed-use, pedestrian oriented street, lined with ground-level businesses with residential or office above". 7. The Master Plan was adopted pursuant to General Plan Strategy LUT-5.3j in furtherance of the area's predominant Central Commercial General Plan Land Use Designation: Strategy LUT-5.3j: Winchester Boulevard Plan: Develop an Area Plan for Winchester Boulevard. The Area Plan should address specific boundaries, mix of uses, street amenities, landscaping, building and site design. Planning Commission Resolution No. 4352 2501 S. Winchester Blvd. - PLN2016-170/171 Conditional Use Permit and Admin. P-D Permit Page 2 of 4 8. The Winchester Boulevard Master Plan specifies that allowable land uses are the same as those allowed within the C-3 Zoning District (i.e., Historic Downtown Campbell), with a specific emphasis on retail and restaurants on the ground floor and comparable active uses. As such, an expanded movie theater with beer and wine service is an allowable use, consistent with the Master Plan. ...The subject parcels predominantly have a General Plan designation of Central Commercial (C-3), therefore Permitted, Conditional and Prohibited Uses shall be those set forth in the C-3 zoning district.... 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. 9. The proposed project would further the following General Plan strategies and policies: Strategy .LUT-5.3c: Revitalization of Shopping Centers: Encourage the maintenance and revitalization of commercial shopping centers. Strategy LUT-5.3d: -Commercial Centers: Review the design, use and upgrading of commercial centers via the discretionary permit process, and ensure that conditions of approval are adopted that require businesses to be well kept and operated in a way that limit impacts to adjacent uses. Policy LUT-5.3: Variety of Commercial and Office Uses: Maintain a variety of attractive and convenient commercial and office uses that provide needed goods, services and entertainment. Strategy LUT-11.a: Services Within Walking Distance: Encourage neighborhood serving commercial and quasi-public uses, such as churches, schools, and meeting halls to locate within walking distance of residential uses. 10. The over-concentration of alcohol-serving establishments can create a cumulative impact that overwhelms the area creating an undesirable result such as drunk in public, .vandalism, and disorderly conduct. 11.There are four alcohol-serving establishments within the 11-acre project site (Campbell Plaza Shopping Center). The addition of beer and wine service in association with the existing movie theater would not result overconcentration of alcohol-serving establishments. 12. The approval of a Conditional Use Permit incorporates operational standards consistent with those adopted by the California Department of Alcohol Beverage Control (ABC). 13.As the project would reduce the theaters capacity by 93 seats, the project would result in a net decrease of parking demand of 31 stalls. 14. 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, and neighborhood impacts. . Planning Commission Resolution No. 4352 2501 S. Winchester Blvd. - PLN2016-170/171 Conditional Use Permit and Admin. P=D Permit Page 3 of 4 Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: Conditional Use Permit Finding CMC Sec. 21.45.040,: 1. The proposed use is allowed within the applicable zoning district with Conditional Use Permit approval, and complies with all other applicable provisions of this Zoning Code and the Campbell Municipal Code; 2. The proposed use is consistent with the General Plan; 3. 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; 4. 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; 5. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses on-site and in the vicinity of the subject property; and 6. The establishment, maintenance, or operation of the proposed use 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 proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city. Liquor Establishment Findings (CMC Sec. 21.46.070): 7. The establishment will not result in an over concentration of these uses in the surrounding area; 8. The establishment will not create a nuisance due to litter, noise, traffic, vandalism, or other factors; 9. The establishment will not significantly disturb the peace and enjoyment of the nearby residential neighborhood; and . 10.. The establishment will not significantly increase the demand on city services. Administrative P-D Permit Findings (CMC Sec. 21.12.030.H.6): 11.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; 12. The proposed development would be compatible with the general plan and will aid in the harmonious development of the immediate area; Planning Commission Resolution No. 4352 2501 S. Winchester Blvd. - PLN2016-170/171 Conditional Use Permit and Admin. P-D Permit Page 4 of 4 13. The proposed development would not be detrimental to the health, safety or welfare of the neighborhood or of the city as a whole. "Late-Night Activity" Findings (CMC Sec. 21.12.030.H.7): 14.The establishment will not create a nuisance due to litter, noise, traffic, vandalism or other factors; 15. The establishment will not significantly disturb the peace and enjoyment of the nearby residential neighborhood; and 16. Proposed conditions of approval (if any), are sufficient to mitigate any detrimental impacts specified that maybe caused by the late-night establishment. Environmental Findings (CMC Sec. 21.38.050 17. 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 beyond that existing at the time of the lead agency's determination. THEREFORE, BE IT RESOLVED that the Planning Commission approves an Administrative Planned Development Permit (PLN2016-171) to allow an interior and exterior renovation of an existing movie theater (Cinelux Plaza Theatre), including expansion into an adjoining tenant space and a Conditional Use Permit (PLN2016-170) to allow. beer and wine service ("liquor establishment") in association with the existing movie theater with late-night operational hours, subject to the attached Conditions of Approval (attached Exhibit A). PASSED AND ADOPTED this 13th day of December, 2016, by the following roll call vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: .Commissioners: APPROVED: ATTEST: i"a Dodd, Chair Paul Kermoyan, Secretary EXHIBIT A CONDITIONS OF APPROVAL Administrative Planned Development Permit and Conditional Use Permit (File No.: PLN2016-170 and 171) 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 (PLN2016-171) to allow an interior and exterior renovation of an existing movie theater (Cinelux Plaza Theatre), including expansion into an adjoining tenant space and a Conditional Use Permit (PLN2016-170) to allow beer and wine service ("liquor establishment") in association with the existing movie theater with late-night operational hours, on property located at 2501 S. Winchester Boulevard. The project shall substantially conform to the Revised Project Plans and Revised Project Description stamped as received by the Planning Division on October 13, 2016 and September 9, 2015, respectively, except as may be modified by the conditions of approval contained herein. 2. Approval Expiration: This Approval shall be valid for one year from the effective date of the Planning Commission action (December 23, 2017). Within this one-year period, applications for a building permit for tenant improvements and a Type 41 (Beer and Wine) License must be submitted to the Campbell Building Division and the Department of Alcoholic Beverage Control, respectively. 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 on the property, subject to continued operation of the use in compliance with conditions of approval contained herein. Abandonment, discontinuation, or ceasing of operations for a continuous period of twelve months shall void the Approval. 3. Signage: Signage for the movie theater is subject to a separate permit approval. 4. Li htin :The construction drawings submitted for a building permit shall include new lighting fixtures on the west wall of-the south theater to illuminate the adjacent parking lot. The lighting fixtures shall be in an art-deco style complementary to remodeled movie theater and consistent with the City's Lighting Design Standards. 5. 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. Planning Commission Resolution No. 4352 Page 2 PLN2016-170/171 -Conditional Use Permit /Admin. P-D Permit 2501 S. Winchester Blvd. 6. Alcohol Service Standards: The on-site sale of beer and wine beverages, pursuant to a valid Type 41 (On-Sale Beer and Wine for Bona Fide Public Eating Place) issued by the California Department of Alcoholic Beverage Control (ABC) shall be subject to the following restrictions: a. At all times when the premises is exercising the privileges of their license, the sale of food, in compliance with Section 23038 of the Business and Professions Code, shall be offered and available for purchase. b. All sales and service of alcoholic beverages for consumption in the general spectator seating areas shall be made only from concession stands, portable stands or bars, or fixed bars, and shall not be sold, served, or delivered to customers by individual ambulatory vendors, commonly known as "hawkers". c. Points of sale of alcoholic beverages shall not be maintained within the theater auditoriums. d. Notwithstanding conditions 'b' and 'c', above, alcoholic beverages may be sold or served by waiters or waitresses in the general spectator seating areas under the following conditions: Only persons occupying seats in the designated theaters shall be permitted to order and be served alcoholic beverages. Orders from patrons seated in these theaters must be made to the waiter or waitress serving that area, and the alcoholic beverages must be personally delivered to the patron by the waiter or waitress who took the order. The waiter or waitress serving in the theaters shall not carry a supply of unordered alcoholic beverages. e. No more than two (2) alcoholic beverages shall be sold or served to any one (1) person during any transaction. f. Alcoholic beverages shall be served in containers which significantly differ in appearance from those containers utilized for non-alcoholic beverages. Containers for beer shall not exceed 16 ounces. This condition does not preclude the service of alcoholic beverages in their original containers. g. At all times when the premises is exercising the privileges of their license, an' employee of the premises shall enter and monitor the activity within the theaters on a regular basis, but no less than once every 30 minutes. 7. General Operational Standards: In addit forth above, the following standards shall theater: m to the standards for alcohol service set apply to the general operation of the movie a. Occupancy: The movie theater shall have the following occupancies: • North Theater: Three (3) Auditoriums / 351 Seats • South Theater: Five (5) Auditoriums / 363 Seats Planning Commission Resolution No. 4352 Page 3 PLN2016-170/171 -Conditional Use Permit /Admin. P-D Permit 2501 S. Winchester Blvd. b. Hours of Operation: The hours of operation for the movie .theater shall be limited to 6:00 AM to 2:00 AM, daily, inclusive of all business activity, including preparation and cleanup. c. Live Entertainment: No live entertainment, as defined by the Campbell Municipal Code, is permitted within the movie theater. d. Loitering: There shall be no loitering allowed outside the business. The business owner is responsible for monitoring the premises to prevent loitering. e. Smoking: "No Smoking" signs shall be posted on the premises in compliance. with CMC 6.11.060: Trash & Clean Up: All trash, normal clean up, carpet cleaning, etc. shall occur during the approved Hours of Operation. Refuse and recycling receptacles shall be kept within the enclosure except during collection in compliance with Chapter 6.04 of the Campbell Municipal Code. g. Outdoor Activity: No outdoor activity (e.g., cooking) is permitted in association with the establishment. h. Outdoor Storage: No outdoor storage is permitted on the subject property. No equipment, materials or business vehicles shall be parked and/or stored outside the building or within the parking lot. Noise: 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. In the event verified complaints are received by the City regarding such unreasonable noise, the Community Development Director may immediately modify the hours of operation, subject to the project being brought back to the Planning Commission for review. Parking and Driveways: All parking and driveway areas shall be maintained in compliance with the standards in Chapter 21.28 (Parking & Loading) of the Campbell Municipal Code. Parking spaces shall be free of debris or other obstructions. 8. Location of Mechanical Equipment: No roof-mounted mechanical equipment (i.e. air conditioning units, ventilation ducts or vents), shall be added to the existing building without providing screening of the mechanical equipment from public view and surrounding properties. The screening material and method shall be architecturally compatible with the building and requires review and approval by the Community Development Director and Building Division prior to installation of such screening. 9. Revocation of Permit: Operation of the movie theater pursuant to this Approval 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 discretionary permit if it is determined that the sale of alcohol and/or late-night activity Planning Commission Resolution No. 4352 Page 4 PLN2016-170/171 -Conditional Use Permit /Admin. P-D Permit 2501 S. Winchester Blvd. has become a nuisance to the City's public health, safety or welfare or for violation of the conditions of approval contained herein, 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 the service of alcohol, noise, and/or late-night activity, within a six (6) month period, a public hearing before the Planning Commission may be scheduled to consider modifying conditions of approval or revoking the Approval. 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: a. 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; b. The number of complaints received from residents, business owners and other citizens concerning the operation of an establishment; c. The number of arrests for alcohol, drug, disturbing the peace, fighting and public nuisance violations associated with an establishment; d. The number and kinds of complaints received from the State Alcoholic Beverage Control office and the County Health Department; and e. Violation of conditions of approval. Building Division: 10. Permits Required: A building permit application shall be required for the proposed Remodeling & 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 buildings existing occupancy. 11. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 12. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 13. 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. 14. Site Plan: Application for building permit shall include . a competent site plan that identifies property and proposed structures with dimensions and elevations as Planning Commission Resolution No. 4352 Page 5 PLN2016-170/171 -Conditional Use Permit /Admin. P-D Permit 2501 S. Winchester Blvd. 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. 15. 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. 16. 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. 17. 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. 18. 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. 19. 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. 20.Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. West Valley Sanitation District b. School District: i) Campbell Union School District (378-3405) ii) Campbell,Union High School District (371-0960) iii) Moreland School District (874-2900) iv) Cambrian School District (377-2103) c. Santa Clara County Fire Department d. Santa Clara County Department of Environmental Health e. City of San Jose Department of Environmental Services 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. Planning Commission Resolution No. 4352 Page 6 PLN2016-170/171 -Conditional Use Permit /Admin. P-D Permit 2501 ' S. Winchester Blvd. 22. Stormwater: 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. FIRE DISTRICT 23. Scope of 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. 24. Fire Sprinkler System: The facility is currently equipped with a fire sprinkler system. The remodel would necessitate a complete redesign and new installation reflecting this significant change. 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. CFC Sec. 903, as adopted and amended by CBLMC. 25. Fire Alarms: A fire alarm system complying with currently adopted codes and Standards, shall be installed. CFC Sec. 907 and NFPA 72, as adopted and amended by CBLMC. 26. Water Supply. It shall be the responsibility of the owner/applicants and any and all subcontractors hired for the purpose of designing and installing the required fire sprinkler system, to ensure that an adequate water supply exists to serve the requirements of the project. Potable water supplies shall be protected from contamination caused by fire protection water supplies. It is the responsibility of the applicant and any contractors and subcontractors to contact the water purveyor supplying the site of such project, and to comply with the requirements of that purveyor. Such requirements shall be incorporated into the design of any water- based fire protection systems, and/or fire suppression water supply systems or storage containers that may be physically connected in any manner to an appliance capable of causing contamination of the potable water supply of the purveyor of record. Final approval of the system(s) under consideration will not be granted by this office until compliance with the requirements of the water purveyor of record are documented by that purveyor as having been met by the applicant(s). 2010 CFC Sec. 903.3.5 and Health and Safety Code 13114.7 27. Fire De artment Access: Compliance with Chapter 5 of the currently adopted edition of the California Fire~Code must be demonstrated. This includes, but is not limited to, emergency vehicle access and clearly marked Fire. Dept. zones, Emergency personnel access, including any required Knox hardware, and properly located and marked fire appliances. Contact this office with any questions or concerns. Planning Commission Resolution No. 4352 Page 7 PLN2016-170/171 -Conditional Use Permit /Admin. P-D Permit 2501 S. Winchester Blvd. 28. Emergency Responder Radio Coverage: All new buildings shall have approved radio coverage for emergency responders within the building based upon the existing coverage levels of the public safety communication systems of the jurisdiction at the exterior of the building. This section shall not require improvement of the existing public safety communication systems. Exceptions: (1) Where approved by the building official and the fire code official, a wired communication system in accordance with Section 907.2.13.2 shall be permitted to be installed or maintained in lieu of an approved radio coverage system. (2) Where it is determined by the fire code official that the radio coverage system is not needed. (3) In facilities where emergency responder radio coverage is required and such systems, components or equipment required could have a negative impact on the normal operations of that facility, the fire code official shall have the authority to accept an automatically activated emergency responder radio coverage system.