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PC Res 3159RESOLUTION NO. 3159 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL GRANTING A SITE AND ARCHITECTURAL APPROVAL TO ALLOW THE CONSTRUCTION OF A TWO-STORY, 33,690 SQUARE FOOT BUILDING IN THE DOWNTOWN AREA AS A RESTAURANT/BREWERY AND BANQUET HALL ON PROPERTY LOCATED AT 200 E. CAMPBELL AVENUE IN A C-3-S (CENTRAL BUSINESS DISTRICT) ZONING DISTRICT CONTINGENT UPON THE APPROVAL OF A PARKING ADJUSTMENT BY THE CITY COUNCIL. APPLICATION OF MR. NICK GERA, ON BEHALF OF STODDARD'S BREWHOUSE & EATERY. FILE NO. S 98-01. After notification and public hearing, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application S 98-01: An initial study was prepared for this project which concludes that there are no significant environmental impacts with the development of this project. Consequently, a Negative Declaration has been prepared for this project. The project will entail construction of a two-story, 33,690 square foot building. The restaurant/brewery portion of the building will consist of 11,308 square feet. The banquet hall facility with associated retail/office area will consist of 22,382 square feet. The restaurant portion of the building will be limited to a maximum seating capacity of 255 persons and the banquet hall portion of the building will be limited to a maximum seating capacity of 600 persons. The proposed restaurant/brewery and banquet facility is consistent with the commercial land use of the General Plan, the C-3-S (Central Business District) zoning designation for the site, the Central Campbell Redevelopment Plan and the Campbell Downtown Development Plan. The proposed project achieves the following objectives: Planning Commission Resolution No. 3159 S 98-01 -200 E. Campbell Avenue- Stoddard's Brewhouse & Eatery Page 2 a) Enhances the downtown as the civic, economic and cultural center of activity for the City of Campbell. b) Enhances the identity of the downtown as a central business district that serves as a meeting place for local residents as well as a destination. c) Facilitates the development of downtown as an economically viable commercial district. d) Encourages a mix of economically viable commercial uses in the downtown creating a balance of daytime and evening activities. e) Enhances the retail continuity and pedestrian-oriented environment of the downtown. f) Ensures that the new building in the downtown will be of high architectural design quality and encourages architectural diversity in the downtown. 5. The proposed project meets the setback, height limitation, and floor area ratio requirements of the C-3-S (Central Business District) zoning ordinance. o The proposed project will provide 50 on-site parking spaces (60 on-site spaces using valet service) and additional on-street and off-site parking spaces to adequately accommodate both the restaurant and the banquet hall facility uses. 7° The on-site parking spaces alone will not accommodate needs for the restaurant and banquet facility as required for Parking Zone 2 of the C-3-S zoning regulations; however, a parking management plan has been provided which indicates a procedure to facilitate parking demand for the project by a combined use of off-site and available on-street parking spaces. ° Approval of the parking management plan by the City Council as a request for a parking adjustment will allow compliance of the project with the parking regulations of the C-3-S zoning ordinance. 9. Adequate circulation will be provided on the site and surrounding the site to adequately accommodate the estimated traffic associated with the project. 10. The proposed project is well designed and is architecturally compatible with the surrounding neighborhood and uses. 11. The proposed project is compatible with the surrounding area. Planning Commission Resolution No. 3159 S 98-01 - 200 E. Campbell Avenue - Stoddard's Brewhouse & Eatery Page 3 Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed project is consistent with the General Plan and the City's zoning ordinance. 2. The proposed project will aid in the harmonious development of the immediate area. The establishment, maintenance or operation of the use applied for will not be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. 4. The proposed project is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such uses would generate. The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions is in accordance with the ordinance of the City of Campbell and the State of California. 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 1. Approved Project: Approval is granted for a Site and Architectural Review Permit to allow the development of a two-story, 33,690 square foot building to accommodate a restaurant with associated on-site microbrewery, and a banquet hall facility with incidental retail/office space on property located at 200 E. Campbell Avenue. The restaurant/brewery portion of the building will consist of approximately 11,300 square feet. The remaining space, approximately 22,380 square feet, will consist of the banquet hall facility and associated retail/office space. Project approval shall substantially comply with the following project plans, except as modified by the Conditions of Approval herein: Planning Commission Resolution No. 3159 S 98-01 - 200 E. Campbell Avenue - Stoddard's Brewhouse & Eatery Page 4 o a. Project plans prepared by Bruno Marcelic, Architect, including a proposed site plan, existing site plan, floor plans, and elevations, dated as received by the Planning Department on March 6, 1998. b. Color/materials board c. Colored elevations and proposed site plan. d. Colored perspective of the building. Construction Mitigation Measures: The applicant shall implement measures as specified in the Initial Study including the following: a. Construction activities will be limited to daytime hours of 8:00 am to 5:00 p.m. weekdays and 9:00 a.m. to 4:00 p.m. Saturdays. Construction is prohibited on Sundays and Holidays unless an exception is granted by the Building Official. b. No pile driving is allowed for construction of the project. c. All internal combustion engines for construction equipment used on the site will be properly muffled and maintained. d. All stationary noise generating construction equipment, such as air compressors and portable power generator, will be located as far as practical from the existing residences and businesses. e. All active construction areas shall be watered at least twice daily. f. Cover all trucks hauling soil and other loose materials prior to leaving the site. g. Pave, apply water, or apply non-toxic soil stabilizers on all unpaved surfaces, and staging areas at the construction site. h. Sweep daily all paved access roads, parking areas, staging areas, and adjacent public streets as directed by the City Engineer. i. Enclose, cover, water or apply soil binders to exposed stockpiles. j. Install sandbags or other erosion control measures to prevent runoff to all roadways, waterways or pubic walkways accessed by the public. k. Construction equipment, vehicles, and/or workers associated with the development of this project site shall not be permitted to park on any residential streets. Seating Capacity: The maximum seating capacity of the banquet hall facility shall not exceed 600 persons at any one time. The maximum seating capacity of the restaurant/brewery shall not exceed 255 persons at any one time. Planning Commission Resolution No. 3159 S 98-01 - 200 E. Campbell Avenue - Stoddard's Brewhouse & Eatery Page 5 Hours of Operation: a. The hours of operation for the restaurant/brewery shall be limited to: Monday- Saturday 8:00 a.m. to 2:00 a.m. & Holidays Sunday 8:00 a.m. to 12:00 a.m. bo The hours of operation for the banquet hall facility shall be limited to: Sunday - Thursday 8:00 a.m. to 11:00 p.m. Friday- Saturday 8:00 a.m. to 12:00 a.m. & Holidays Parking Management Plan: Parking to accommodate both the restaurant/brewery and banquet hall facility shall comply with the attached Parking Management Plan prepared by the Campbell Redevelopment Agency staff, dated April 24, 1998. There will be a minimum of 50 on-site parking spaces (60 on-site spaces using valet service) for the building which shall be provided for use by customers of the restaurant. Employees of the restaurant/brewery and the banquet hall facility shall not be permitted to park on residential streets. Operators of the banquet hall facility shall comply with the attached Parking Management Plan for use of the banquet hall facility and shall require that: ao Use of the City's public First Street parking garage for banquet events shall be restricted to the following hours: Monday - Thursday Friday Saturday Sunday Holidays 5:30 p.m. to 11:30 p.m. 5:30 p.m. to 12:30 a.m. 8:00 a.m. to 12:30 a.m. 8:00 a.m. to 11:30 p.m. 8:00 a.m. to 12:30 a.m. bo For any event that exceeds 250 persons, the operator of the banquet hall facility shall provide a minimum 60-day notice to the Community Development Director which includes the time, day, parking and transport plan for the event. The Community Development Director, upon recommendations from the Chief of Police and Traffic Engineer, shall respond to the adequacy of the plan within ten (10) days. Co There shall be parking and traffic control at the First Street Public Parking Garage for any banquet event that exceeds 250 persons as required by the Chief of Police. This may include a uniformed police officer directing traffic, if deemed necessary by the Chief of Police, to keep exiting traffic out of residential areas. Planning Commission Resolution No. 3159 S 98-01 - 200 E. Campbell Avenue - Stoddard's Brewhouse & Eatery Page 6 d. A fee shall not be charged for use of the valet and/or shuttle parking services. ho j° ko Use of the Campbell Community Center parking facilities is limited to a maximum of 100 parking spaces at the Campbell Avenue parking lot to be used for the banquet hall use during weekday hours between 8:00 a.m. and 5:30 p.m. with prior written approval from either the Director of Community Services and Recreation or the City Manager. Written requests for permission to use parking at the Community Center must be received a minimum of 30 days in advance for use of 50 parking spaces or less, and a minimum of 60 days in advance for use of more than 50 parking spaces. Request shall be addressed to: Director of Recreation and Community Services Recreation and Community Services 1 West Campbell Avenue #C31 Campbell, CA 95008 Use of Community Center parking for banquet use is prohibited weekdays after 5:30 p.m. and on weekends. The City reserves the right to deny the use of the Community Center parking at its discretion if it disrupts the operation, function, management or use of the Community Center as determined by the City Manager and/or the Director of Community Services and Recreation. The applicant shall enter into a parking agreement with the City that identifies the terms and conditions under which the Community Center parking may be used. This agreement must be executed prior to the issuance of a certificate of use and occupancy for the banquet facility. Valet parking will be used in association with both Downtown parking facilities and Community Center parking. Shuttle or passenger buses must be used to shuttle banquet users between the Community Center and the banquet facility when the Community Center parking lot is being used. Planning Commission Resolution No. 3159 S 98-01 - 200 E. Campbell Avenue - Stoddard's Brewhouse & Eatery Page 7 All contracts for banquet facility users shall include a map and instructions for designated parking areas and proper use and location of valet and shuttle bus services. The map shall identify the residential streets where parking and through-traffic is prohibited. mo Proof of automobile insurance for shuttle and valet vehicles shall be provided and liability insurance shall be provided as required by the City for use of public parking facilities. ° Modification to the Parking Management Plan: Minor modifications to the approved Parking Management Plan relating to the number of spaces and location of parking spaces may be approved by the Community Development Director. The Community Development Director shall make the determination as to whether a proposed modification is consider a minor or major modification. Approval of any major modification to the Parking Management Plan as determined by the Community Development Director and/or any appeal of the Planning Director's determination of the Parking Management Plan shall be made to the City Council. ° Parking and Driveways: All parking and driveway areas shall be developed in compliance with Chapter 21.50 of the Campbell Municipal Code, except as may be modified by the Parking Management Plan and approved by the City Council for a parking adjustment. o Noise: a. Exterior Doors: All doors providing access from the banquet facility to the exterior of the building shall be self-closing doors and shall not be propped open during banquet facility events. All doors located on the south elevation of the building facing Orchard City Drive shall be used for exiting purposes only and shall be kept closed at all times, except for emergency purposes. bo Nighttime Exiting: Occupants of the building during nighttime hours after 9 p.m. shall be required to exit the building from the entrance of the banquet hall and/or restaurant along Second Street and/or E. Campbell Avenue. Co Noise Standard: Any noises, sounds, and/or voices, including but not limited to amplified sounds, loud speakers, sounds from microphones, audio sound systems, music, and/or public address system, generated by uses within the building shall not be audible to a person of normal hearing acuity from any residential property located south of Orchard City Drive. Planning Commission Resolution No. 3159 S 98-01 - 200 E. Campbell Avenue - Stoddard's Brewhouse & Eatery Page 8 Noise Management: In the event complaints are received by the City regarding noise, the Community Development Director, upon confirmation that the noises are generated by uses in the building, may limit the operational hours of the uses within the building and/or may require a Noise Management Plan to be submitted by the applicant consisting of an acoustical study by a qualified acoustical engineer for recommendations to attenuate the noise. The Noise Management Plan shall require implementation of the mitigation measures as determined in the acoustical study to comply with the noise conditions as herein included in these Conditions of Approval. Actions by the Community Development Director may be appealed to the Planning Commission, but the reduced hours for either the restaurant/brewery and/or banquet facility shall be effective immediately upon notification by the Community Development Director. Construction: The applicant shall incorporate construction methods and/or materials for the construction of the building to provide sound attenuation for the building. Such methods may include the use of sound baffling insulation, double- paned windows, acoustical ceiling and flooring material and other state-of-the-art acoustical construction technology. f. Exterior Speakers: No audio sound system, music, public address system or speakers are permitted outside of the building. Recordation of Conditions of Approval: A deed restriction containing all conditions of approval shall be recorded with the Santa Clara County Recorder's Office and shall be an on-going obligation of the business owner(s) and property owner(s). 10. Notification of Conditions of Approval: The applicant shall be responsible for providing all primary persons reserving and/or using the banquet facility with notification of the conditions of approval pertaining to noise and operation of the facility prior to the occurrence of the event to be held at the banquet facility. Such conditions of approval pertaining to noise and operation of the facility shall also be conspicuously posted within the banquet facility. 11. On-site Lighting: On site lighting shall be shielded away from residential uses. Details of project lighting shall be approved by the Planning Department prior to issuance of building permits. Planning Commission Resolution No. 3159 S 98-01 - 200 E. Campbell Avenue - Stoddard's Brewhouse & Eatery Page 9 12. Landscaping: The applicant shall submit four (4) sets of landscape and irrigation plans indicating the type and size of plant material, including on-site trees, planting details and irrigation system to the Community Development Director for review and approval prior to issuance of building permits. Landscape plan shall be consistent with the City's Water Efficient Landscape Standards (WELS) and shall include the following: a. Protection of existing trees to be retained consistent with WELS. b. Replacement of trees per the replacement ratio as required under WELS. 13. Property Maintenance: The property is to be maintained free of any combustible trash, debris and weeds until the time that actual construction commences. The existing structure shall be secured by having windows boarded up and doors sealed shut, and/or be demolished, partially demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). 14. Signage: Sign applications shall be submitted to the Community Development Department for both the restaurant and banquet hall facility uses in accordance with the provisions of the Sign Ordinance. No sign shall be permitted until the application is approved and a permit is issued. 15. Garbage Collection - Trash containers of a size and quantity necessary to serve new or modified building areas shall be located in areas approved by the Fire Department. Unless otherwise noted, enclosures, shall consist of a concrete floor surrounded by a solid wall or fence and have self-closing doors of a size specified by the Fire Department. All enclosures to be constructed at grade level and have a level area adjacent to the trash enclosure area to service these containers. 16. Mechanical Equipment - All roof-mounted and ground level mechanical equipment on new or remodeled structures on site which are visible from the public right of way shall be screened with similar building materials subject to the approval of the Community Development Director. 17. Disabled Accessibility - All new and remodeled buildings shall provide disabled access in accordance with the Uniform Building Code (UBC), and the Uniform Federal Accessibility Standards (UFAS) and the Federal Americans with Disabilities Act (ADA). Planning Commission Resolution No. 3159 S 98-01 - 200 E. Campbell Avenue - Stoddard's Brewhouse & Eatery Page 10 18. Adjustment in Parking Standards: The applicant shall obtain an adjustment in the parking standards by the City Council consistent with the requirements of the C-3-S (Central Business District) zoning district prior to issuance of building permits. 19. Outdoor seating: Outdoor seating shall only be permitted for the restaurant use. No outdoor seating is permitted for the banquet hall facility. Outdoor seating for the restaurant shall comply with Chapter 21.26.020 Section 4 A and B of the Campbell Municipal Code. Hours of operation for use of the outdoor seating area shall be allowed until 12 a.m. 20. Complaints: The applicants and/or operators of the restaurant/brewery and banquet hall facility shall operate and maintain the uses in a manner which is not objectionable, offensive, or incompatible with surrounding uses. In the event that complaints are received regarding noise, litter, vandalism, traffic or other such factors associated with a late night operation, the Community Development Director may limit the operational hours of the proposed use. This action may be appealed to the Planning Commission, but the reduced hours for either the restaurant/brewery and/or banquet facility shall be effective immediately upon notification by the Community Development Director. The applicant shall sign an agreement acknowledging this restriction on operational hours. 21. Live Entertainment Permit: Applicant shall be required to obtain all necessary City permits prior to incorporating live entertainment at this location in compliance with the C-3-S (Central Business District) Zoning requirements. Building Division Requirements: 22. Building Code Compliance: The approved project must comply with all applicable Building Codes as determined by the Campbell Building Official and as required by the Uniform Building Code. 23. Disabled-accessible Parking: The applicant shall provide disabled-accessible parking as required by Title 24 of the Uniform Building Code prior to issuance of a certificate of occupancy for the building. Planning Commission Resolution No. 3159 S 98-01 - 200 E. Campbell Avenue - Stoddard's Brewhouse & Eatery Page 11 CENTRAL FIRE DISTRICT: 24. Development 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 apply to the Building Division for applicable construction permits. 25. Required Fire Flow: Required fire flow for this project is 3,000 Gallons Per Minute at 20 pounds per square inch residual pressure. The required flow is available from area water mains and fire hydrant(s) which are spaced at the required spacing. This is based upon minimum construction type IV being permitted. 26. Automatic Fire Sprinkler System Required: Buildings requiring a fire flow in excess of 2,000 Gallons Per Minute and/or in excess of two stories in height (35 feet) shall be equipped throughout with an approved automatic fire sprinkler system. The fire sprinkler system shall be hydraulically designed per National Fire Protection Association (NFPA) Standard #13, 1994 Edition. 27. Final Required Fire Flow: Required fire flow may be reduced up to 50% in buildings equipped with automatic fire sprinkler systems, but can be no less than 1,500 Gallons Per Minute. Therefore, the final required fire flow is 2,375 Gallons Per Minute at 20 pounds per square inch residual pressure. This flow shall be taken from any two (2) fire hydrants, on or near the site so long as they are spaced at a maximum spacing of 250 feet. 28. Building Construction: The building shall be constructed as Type I, Type II-Fire resistive, Type II-one hour, Type III-one hour or Type IV as outlined in the California Building Code (Title 24, part 2) At time of building permit submittal, reflect the proposed type of construction on the plans. 29. Area Calculations: At time of building permit submittal, the plans shall reflect allowable area calculations, to include a sum of area ratios. 30. West Exterior Wall: The west exterior wall shall be constructed as one-hour fire resistive to include a complying parapet based upon the proximity to the property line. Planning Commission Resolution No. 3159 S 98-01 - 200 E. Campbell Avenue - Stoddard's Brewhouse & Eatery Page 12 31. Occupancy Separation: Based upon the proposed mixed uses, complying occupancy separations shall be provided as follows: A-2.1/B = One hour, A-2.1/S- 3 = Three hours, B/S-3 = One hour. At time of building permit submittal, the plans shall clearly reflect the required rating and tested assembly number. 32. Exits: A minimum of four (4) separate exits shall be provided from the second floor as the gross occupant load exceeds 1,000 persons. 33. Fire Department Key Box Required: Provide an approved fire department key box and appropriate building keys. Installations shall conform with Fire Department Standard Detail and Specification K-1. PUBLIC WORKS DEPARTMENT: 34. Preliminary Title Report: Prior to issuance of any Grading, Drainage, or Building Permits for the site, the applicant shall provide a current Preliminary Title Report. 35. Right-of-Way for Public Street Purposes: Prior to issuance of any Grading, Drainage, or Building Permits for the site, the applicant shall grant additional Right-of-Way for Public Street Purposes along the Orchard City Drive frontage to accommodate a 10' right-of-way from existing face of curb. Applicant shall cause to be prepared all documents necessary to record dedication and submit to the City for review. 36. Street Improvements: Prior to issuance of any Grading, Drainage or Building Permits for the site, the applicant shall cause plans for public Street Improvements to be prepared by a registered civil engineer, pay fees, execute a street improvement agreement, post security and provide insurance necessary to obtain an encroachment permit for construction of the improvements, as required by the City Engineer. The plans shall include the following: a) City standard commercial 10' sidewalk with street trees 40' on center and irrigation along Orchard City Drive. b) Installation of City standard driveway approach on Second Street. c) Removal of driveways on Campbell Avenue and Second Street and install curb, gutter, sidewalk, and conforms as needed. d) Installation of all water meters and sewer cleanouts on private property behind the public right-of-way line. Planning Commission Resolution No. 3159 S 98-01 - 200 E. Campbell Avenue - Stoddard's Brewhouse & Eatery Page 13 e) Remove and replace damaged sidewalk and curb and gutter along Second Street and Campbell frontages. f) Installation of traffic signs and markings related to parking and driveway installation as required by the City Engineer. 37. Utilities: All new on-site Utilities shall be installed underground per Section 20.36.150 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility company. 38. Utility Coordination Plan: Prior to issuance of Building Permits, a applicant shall submit a Utility Coordination Plan and Schedule for approval by the City Engineer for installation of all utilities. The Plan shall minimize the damage to all public facilities. 39. Maintenance Security: Prior to issuance of occupancy approval for the site, all public street improvements required by the encroachment permit must be completed and accepted by the City and the applicant must provide a one-year Maintenance Security in an amount of 25% of the Faithful Performance Bond. 40. Grading and Drainage Plan: Prior to the issuance of any Grading, Drainage or Building Permits for the site, the applicant shall prepare an engineered Grading and Drainage Plan, and pay fees required to obtain necessary grading permits. The plans shall comply with the 1994 edition of the Uniform Building Code including Chapters 18, 33, and Appendix Chapter 33. 41. Storm Water Management: Comply with the California Storm Water Best Management Practices Handbook, prepared by the Storm Water Quality Task Force, Santa Clara Valley Water District. 42. Parcel Map: The applicant shall be required to submit a parcel map to be approved and recorded prior to issuance of any Building Permits for the project. Planning Commission Resolution No. 3159 S 98-01 - 200 E. Campbell Avenue - Stoddard's Brewhouse & Eatery Page 14 PASSED AND ADOPTED this 28th day of April, 1998, by the following roll call vote: AYES: Commissioners: Francois, Gibbons, Jones, Lowe, Meyer-Kennedy NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None Keams, Lindstrom, APPROVED: Steve Piasecki, S~cretary Dennis Lowe, Chair