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PC Res 4474RESOLUTION NO. 4474 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT. AND ADMINISTRATIVE PLANNED DEVELOPMENT PERMIT (PLN2018-183) . TO ALLOW BEER AND WINE SERVICE AND OUTDOOR SEATING IN CONJUNCTION WITH A NEW RESTAURANT ON PROPERTY LOCATED AT 651 W. HAMILTON AVENUE SUITE 1070 IN THE C-PD (CONDOMINIUM PLANNED DEVELOPMENT) ZONING DISTRICT. FILE NO.: PLN2018-183 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 PLN2018-183: Evidentiary Findings: 1. The project site is zoned C-PD (Condominium Planned Development) and designated Commercial/Professional Office/Residential by the General Plan Land Use Element. 2. The project site is a mixed -use development located along W. Hamilton. Avenue at the northwest corner of the San Tomas Expressway intersection consisting of two -mixed use buildings. 3. The subject tenant space Js approximately 3,574 square feet, located on the ground floor of the easterly building and currently vacant with no previously established use. 4. The Conditional Use Permit and Administrative Planned Development Permit (PLN2018-183) would allow beer and wine service ("liquor establishment") and outdoor seating at a new restaurant. 5. Pursuant to Condition of Approval No. 5 of the Planned Development Permit PLN2007- 173 approved by City Council Ordinance No. 2119, permitted uses in the C-2 (General Commercial) zoning district shall be considered permitted uses for the approved commercial -retail space. Conditional uses in the C-2 (General Commercial) zoning district shall require an Administrative Planned Development Permit in compliance with Chapter 21.12.030 of the Campbell Municipal Code (CMC). 6. Pursuant to the C-2 (General Commercial) zoning ordinance, outdoor seating with over twelve seats is a conditional use which requires approval of an Administrative, Planned Development Permit pursuant to the approved Planned Development Permit. 7. Pursuant to CMCI. Section 21.12.030, liquor establishments require approval of a Conditional Use Permit. 8. As conditioned, the beer and wine service will remain incidental to the restaurant's operation. Planning Commission Resolution No. 4474 Page 2 PLN2018-183 — Conditional Use Permit / Administrative P-D Permit 651 W. Hamilton Avenue Suite 1070 9. The proposed public closing time of 9:00 PM does not present an impact to nearby residences or businesses. 10. The proposed project includes 65 indoor seats, 18 outdoor seats, and 1,104 square feet of non -dining area. 11. The 2012 approved Parking Management Plan provides the commercial uses with 72 parking spaces (55 commercial spaces plus 17 shared with residential guest spaces). 12. The property owner/manager has allocated 28 parking spaces to the subject tenant space. 13. Pursuant to CIVIC Section 21.28.040, Table 3-1, the proposed project would result in a parking demand of 28 parking spaces for the indoor seating and non -dining area and an additional six parking spaces for the outdoor seating. The total parking demand for the proposed project is 33 parking spaces which constitutes a parking deficiency of five parking spaces. 14. The property directly west of the subject property at 771 W. Hamilton Avenue is currently occupied by a drive -through cafe/restaurant (Starbucks) pursuant to a Modification to a previously approved Planned Development Permit (PLN2016-315). The parking demand generated by this use is 15 parking spaces where 21 are provided, which results in a surplus of six spaces. 15. Pursuant to CIVIC Section 21.28.080(A), the Planning Commission may approve parking for nonresidential uses on a directly abutting parcel subject to the recordation of a covenant running with the land recorded by the owner of the parking area guaranteeing that the required parking will be maintained for the life of the use or activity served. 16.Off-site parking spaces at adjacent 771 W. Hamilton Avenue secured through a covenant recorded on 771 W. Hamilton Avenue, in compliance with CIVIC Section 21.28.080(A), accommodates the parking requirement of the proposed outdoor seating. 17.As conditioned, the proposed project would be consistent with the following General Plan policies and strategies: Policy LUT-5.1: Neighborhood Integrity: Recognize that the City is composed of residential, industrial and commercial neighborhoods, each with its own individual character; and allow change consistent with reinforcing positive neighborhood values, while protecting the integrity of the city's neighborhoods. 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-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. Planning Commission Resolution No. 4474 Page 3 PLN2018-183 — Conditional Use Permit / Administrative P-D Permit 651 W. Hamilton Avenue Suite 1070 Strategy LUT-5.3g: Day and Evening Activities: Encourage restaurant and specialty retail uses in the Downtown commercial area that will foster a balance of day and evening activity. Strategy LUT-1 La: 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. 18. 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. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: Conditional Use Permit Findings (CIVIC Sec.21.46.040): 1. As conditioned, 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. As conditioned, the proposed use is consistent with the General Plan; 3. As conditioned, 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. As conditioned, 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. As conditioned, 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; 6. As conditioned, the establishment, maintenance, or operation of the proposed use at the location proposed will riot 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 (CIVIC Sec.21.46.070) 7. As conditioned, the establishment will not result in an over -concentration of these uses in the surrounding area; 8. As conditioned, the establishment will not create a nuisance due to litter, noise, traffic, vandalism, or other factors; 9. As conditioned, the establishment will not significantly disturb the peace and enjoyment of the nearby residential neighborhood; Planning Commission Resolution No. 4474 Page 4 PLN2018-183 — Conditional Use Permit / Administrative P-D Permit 651 W. Hamilton Avenue Suite,1070 10.As conditioned, the establishment will not significantly increase the demand on city services; Administrative Planned Development Permit Findinas (CMC Sec.21.12.030.H.6): 11.As conditioned, 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.As conditioned, the proposed development would be compatible with the general plan and will aid in the harmonious development of the immediate area; 13.As conditioned, the proposed development would not be detrimental to the health, .safety or welfare of the neighborhood or of the city as a whole; Environmental Findings (CMC Sec. 21.38.05 14. The project is Categorically Exempt under Section 15060(c)(2) of the California Environment Quality Act (CEQA), pertaining to activities that will not result in a, director reasonably foreseeable indirect physical change to the environment; and THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit and Administrative Planned Development Permit (PLN2018-183) to allow beer and wine service and outdoor seating in conjunction with a new restaurant, subject to the attached Conditions of Approval (attached Exhibit A). PASSED AND ADOPTED this 11th day of December, 2018, by the following roll call vote: AYES: Commissioners: Ching, Hernandez, Krey, Ostrowski, and Rich NOES: Commissioners: None ABSENT: Commissioners: Rivlin ABSTAIN: Commissioners: None ATTEST: cif e A2�' APPROVED: Michael Rich, Chair Paul'KerMoyan, Secretary Exhibit A CONDITIONS OF APPROVAL Conditional Use Permit (PLN2018-183) 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 a Conditional Use Permit and Administrative Planned Development Permit (PLN2018-183) to allow beer and wine service ("liquor establishment") and outdoor seating in conjunction with a new restaurant, on property located at 651 W. Hamilton Avenue Suite 1070. The project shall substantially conform to the project plans and revised project description stamped as received by the Planning Division on November 5, 2018, except as may be modified by the conditions of approval contained herein. 2. Approval Expiration: The Approval granted herein shall be valid for one year from the effective date of Planning Commission action (expiring January 2, 2020). Within this one- year period a Type 41 (On -Sale Beer and Wine for Bona Fide Public Eating Place) license from the Department of Alcoholic Beverage Control (ABC) must be secured. Failure to meet this deadline will result in the Approval being rendered void. Once established, this Approval shall be valid in perpetuity on the property, subject to continued maintenance of the Type 41 License. Discontinuation of alcohol service for a continuous period of twelve months, as evidenced by surrender or revocation of the ABC license, shall void the Approval. 3. Operational Standards: Operation of the approved restaurant 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 of a Modification of this Approval by the Planning Commission. a. Approved Use: The approved use is a "restaurant, standard" with 'outdoor seating" and ancillary sale of beer and wine ("liquor establishment"), as defined by CMC Section 21.72.020.B and limited by the operational standards listed herein. Activity inconsistent with these land use definitions is prohibited. At no time shall the restaurant be operated as a stand-alone "liquor establishment" or "nightclub," which shall specifically require that the kitchen be kept open and available for food orders during all times the restaurant is open to the public. b. Restaurant Seating/Patron Occupancy: Total indoor patron occupancy shall be limited to 65 seated patrons, inclusive of accessible seating, however, excluding seats for those waiting for service, subject to the maximum occupancy capacities of certain rooms. as determined by the California Building Code Conditions of Approval PLN2018-183 — 651 W. Hamilton Avenue Suite 1070 Page 2 (CBC). It is the responsibility of the business owner to provide adequate entrance controls to ensure that patron occupancy is not exceeded. c. 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 of the floor plan included in the construction drawings submitted for a building permit. d. Bar Area Seating: The bar area shall be composed of fifteen (15) bar seats as shown on the approved project plans, including accessible (ADA) space and/or companion seating. e. Floor Plan: All chairs and tables shall consistent of standard -height furniture (i.e., not "high -top"). All tables and chairs shall be placed in such a manner to allow sufficient area for dining and shall not be stacked or removed from the dining area or placed outside. At no time shall the seating be reconfigured to created large open spaces for patrons to congregate, dance, drink, or socialize. f. 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 8:00 AM — 9:00 PM, Sunday — Thursday 8:00 AM — 10:00 PM, Friday — Saturday • Operational Hours 7:00 AM — 10:00 PM, Sunday — Thursday 7:00 AM — 11:00 PM, Friday — Saturday g. Food Service: Full menu food service shall be provided at all times during the Business Hours in the dining, outdoor seating, and bar areas (i.e., the kitchen shall not be closed). h. Bar Area Meal Service: Meal service shall be available in the bar area at all times. i. Alcohol Beverage Service: Alcohol beverage service in the dining area shall only be allowed in conjunction with food service. The dining area shall not be converted to a bar area or dance area. j. Live Entertainment: No live entertainment is permitted as part of this Approval, including live music, disc jockey, karaoke, and dancing. Future requests for live entertainment shall require approval by the Planning Commission. k. Parking Management: In the event that three (3) verifiable complaints are received by the City regarding parking, the Community Development Director may reduce the permitted occupancy, limit the hours of operation, require additional parking management strategies and/or forward the project to the Planning Commission and City Council for review. Conditions of Approval PLN2018-183 - 651 W. Hamilton Avenue Suite 1070 Page 3 Loitering: There shall be no loitering allowed outside the business. The business owner is responsible for monitoring the premises to prevent loitering. m. 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 business hours/hours of operation, subject to the project being brought back to the Planning Commission for review. n. Smoking: "No Smoking" signs shall be posted on the premises in compliance with CIVIC 6.11.060. o. Trash & Clean Up: All trash, normal clean up, carpet cleaning, etc. shall occur during the approved `Operational Hours'. Refuse and recycling receptacles shall be kept within the enclosure except during collection in compliance with Chapter 6.04 of the Campbell Municipal Code. p. Liquor License: The applicant shall obtain and maintain in good standing a Type 41 (On -Sale Beer and Wine for Bona Fide Public Eating Place) license from the State Department of Alcoholic Beverage Control for the sale of alcoholic beverages in conjunction with a restaurant. The license shall include the Business Hour 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. q. Alcohol Sales: The monthly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period, consistent with ABC licensing regulations. The business owner shall provide sales records on demand to the City to verify compliance with this standard. r. Employee Training: The establishment shall use an employee training manual that addresses alcoholic beverage service consistent with the standards of the California Restaurant Association and the Department of Alcoholic Beverage Control. s. Designated Driver Program: The establishment shall maintain and actively promote a designated driver program (e.g., complimentary non-alcoholic beverages for designated drivers), including posting in a conspicuous place contact information for local designated driver services. t. Taxicab Service: The establishment shall post in a conspicuous place the telephone numbers of local taxicab services. u. Outdoor Activity: Other than outdoor seating as permitted by this approval no outdoor activity-(e.g., cooking) is permitted in association with the establishment. Conditions of Approval PLN2018-183 — 651 W. Hamilton Avenue Suite 1070 Page 4 4. Parking Covenant: Prior to use of the outdoor dining area for a maximum of eighteen (18) outdoor seats, recordation of a covenant is required in compliance with CIVIC Section 21.28.080(A) allowing the shared use of the parking lots at 651-715 W. Hamilton Avenue (Alvin's Corner) and 771 W. Hamilton Avenue (Starbucks) which stipulates the following: i. The required parking will be maintained for the life of the use or activity served, which is eighteen (18) outdoor seats associated with a restaurant at 651 W. Hamilton Avenue Suite 1070. ii. Both parking lots will serve the proposed parking demand for Starbucks (15 spaces where 21 are provided) and the following uses at Alvin's Corner: .- Onr ,.Sim P�itking Ah,61 ti,s . . Building Business Classification Status Area (sf) Parking Required per Parking Required Parking Allocated Table 3-1 1/3 seats + 1/200 sf non TBD Restaurant Planned 1,468 14.0 14.0 dining Penny Lane Approved Approved &. 1,496 1/3 seats (15 seats) 5.0 Restaurant B_5 9.0 708 (47V.) 1/200 sf non -dining 715 Yogurt 3.5 Approved, Active mail Salon service 71.1 1/25D sf 2..5 3.0 Building'. Permit s y� II'�kxF 4£Nti+il ai�o�ti d0 Cry'. - iu, rMI W�� (�lG�ll � IldiY lsr°<„ 3 f3 seats 165 5tatS) Nd 1 1 ¢ 1 ? 71 �Pua e',I�I�'�1, .s �i 5 Ph' p p Bf32w 'ta a f 1 4 IN 1/200 sf n ni g r 5 5 33 21 �P h ° 0 ii Jx .dl1li 651 flew U Approved, Active Retail 825 1/200 sf 4.1 4.0 Nutrition Building Pemtit Approved, Active Realty One Office 3,120 1/225 sf 13.9 14.0 Building Permit Total Parking Required 77 f76.5i Total Parking Provided On -Site 72 Total Parking Deficiency On -Site -5 iii. Shared parking areas between Alvin's Corner and Starbucks shall include the 21 parking spaces at 771 W. Hamilton Avenue and the 55 commercial parking spaces and 17 commercial/residential guest parking spaces at 651- 715 W. Hamilton Avenue. Signage shall be provided on both properties identifying the shared parking areas. iv. The current vehicular and pedestrian interior access between the properties shall be maintained. v. A copy of the recorded covenant shall be provided to the Community Development Department prior to use of the outdoor seating area. Conditions of Approval PLN2018-183 — 651 W. Hamilton Avenue Suite 1070 Page 5 vi. In the event that the agreement between 651-715 W. Hamilton Avenue and 771 W. Hamilton Avenue is terminated, a copy of the recorded Notice of Termination shall be provided to the Community Development Department. In addition, all outdoor seating shall be removed and the parking demand generated by the restaurant use shall not exceed 28 parking spaces. vii. References to the Modification to a Planned Development Permit PLN2016- 315 for 771 W. Hamilton Avenue and to the Conditional Use Permit and Administrative Planned Development Permit for 651 W. Hamilton Avenue. Compliance with these requirement(s) shall be subject to the satisfaction of the Director of Community Development. Changes found not in compliance shall require an application for a Modification to a Conditional Use Permit. 5. Outdoor seating: Outdoor seating shall be subject to the above Parking Covenant condition and the following standards in compliance with CIVIC Sec. 21.36.150 (Outdoor Seating): Outdoor seating shall be limited to the covered patio area located east of the main entrance. ii. Total outdoor patron occupancy is limited to eighteen (18) seats. iii. The design, make, and location of all furniture (chairs, tables, and umbrellas, barriers, etc.) shall require approval by the Community Development Director. iv. During non -business hours, chairs and tables shall be stacked, stored inside, or otherwise secured to prevent unauthorized use v. All outdoor furniture shall be kept clean and in good repair and replaced and/or fixed as necessary. 6. Delivery Hours/Noise: Delivery hours shall be restricted to 8 AM to 8 PM. Signage shall be installed at service doors notifying the restriction of delivery hours. 7. Exhaust Venting: All required kitchen venting shall utilize existing vent shafts installed with the building's original construction. 8. Storefront Clearance: At no time shall an obscure wall or barrier (i.e. drapery, window tinting, blinds, signage, advertisement posters or placards, 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. 9. Property Maintenance: The owner/operator of the subject property shall maintain all exterior areas of the business free from graffiti, trash, rubbish, posters, and stickers placed on the property. Exterior areas of the business shall include not only the parking lot and private landscape areas, but also includes the public right-of-way adjacent to the business. Conditions of Approval Page 6 PLN2018-183 — 651 W. Hamilton Avenue Suite 1070 i 10. Signage: No signage is approved as part of the development application approved herein. New signage shall not be installed prior to approval of a sign permit. All signage shall be installed and maintained consistent with the Master Sign Plan approved for the subject site. 11'. 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. 12. Building Elevations, Details, and Colors: Any proposed changes to the' building elevations, details, and colors shall be approved by the Community Development Director prior to issuance of building permits. 13.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. 14. 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. 15. Revocation of Permit: Operation of the restaurant with alcohol service pursuant to the Approval granted 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 land use permit if it is determined that the sale of alcohol 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 the service of alcohol 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 Conditional Use Permit. The Community Development Director may commence proceedings for the revocation or modification of use permits upon the occurrence of less than three (3) complaints if the Community Development Director determines that the alleged violation warrants such an action. In exercising this authority, the decision making body may consider the following factors, among others: 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; Conditions of Approval PLN2018-183 — 651 W. Hamilton Avenue Suite 1070 Page 7 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.