TOWN OF WINDSOR ADMINISTRATIVE PERMIT HEARING

Transcription

1 Town of Windsor 9291 Old Redwood Highway P.O. Box 100 Windsor, CA Phone: (707) Fax: (707) Mayor Bruce Okrepkie Vice Mayor Dominic Foppoli Councilmembers Debora Fudge Mark Millan Sam Salmon Town Manager John Jansons AGENDA TOWN OF WINDSOR ADMINISTRATIVE PERMIT HEARING Monday, August 20, :00 a.m. Town Hall Council Chambers Windsor Civic Center, Building Old Redwood Highway Windsor, CA In compliance with the Americans with Disabilities Act, if you need special assistance to attend or participate in an Administrative Permit Hearing, please contact the Planning Secretary at Notification at least 48 hours prior to the meeting will assist Town staff in assuring that reasonable accommodations are made to provide accessibility to the meeting. 1. Call to Order 2. Appeal Policy The Town's Zoning Ordinance provides for an appeal process from any administrative order, requirement, permit, decision or determination by the Administrative Hearing Officer. Appeals must be filed in writing with the required fee as listed in the Town's fee resolution. The appeal must specify the reason for the appeal and be filed within ten calendar days after the decision is rendered. The appeal shall be filed with the Town of Windsor Community Development Director, in accordance with Chapter (Appeals) of the Zoning Ordinance. 3. Administrative Permit Hearing 3.1 File: MUP Location: 1001 and 1007 McClelland Drive APNs and Applicant: Floyd Wells / Robert J. Stewart Trust Env. Doc.: CEQA Exemption, CEQA Guidelines 15301: Existing Facilities Proposal: Requesting approval of a Minor Use Permit to allow operation of a restaurant with alcohol sales in existing commercial space. Public comments or statements concerning the agenda item will be heard after the presentation of the item. 4. Adjournment Administrative Permit Hearing Monday, August 20, 2018 Page 1 of 1

2 Agenda Item No. 3.1 TOWN OF WINDSOR Community Development Department Administrative Hearing STAFF REPORT FILE: MUP DATE: August 20, 2018 STAFF: Sheila Wolski, Community Development Technician SUMMARY Applicant/Owner: Floyd Wells / Robert J. Stewart Trust Location: 1001 McClelland Drive, 1007 McClelland Drive / APNs , General Plan Land Use: Zoning: Town Center Mixed Use Town Center, Active Use Frontage Overlay Environmental Determination: CEQA Exemption, CEQA Guidelines Section 15301: Existing Facilities Recommendation: Public Notice: Approve the Minor Use Permit request, based on the findings and subject to conditions included in the draft Notice of Decision. The project has been noticed in compliance with the Town s public notice requirements. I. INTRODUCTION The applicant, Floyd Wells, requests approval of a Minor Use Permit to allow operation of a restaurant with alcohol sales in 1,700+/- square feet of existing commercial space located at 1001 and 1007 McClelland Drive, assessor parcel numbers and (Attachments 2 and 3). II. BACKGROUND Site Information: The site is located on the corner of McClelland Drive and Duvander Lane in Downtown Windsor in Town Green Village Phase II, Building E. The parcels are developed with commercial condominium units on the first floor and residential condominium units on the second and third floors. The former tenant, Starbucks Coffee, operated a coffee shop from these two commercial spaces, having removed the wall that once separated the two spaces. The applicant proposes to operate his business, Corks & Taps, in the same manner.

3 FIGURE 1: STREET VIEW FIGURE 2: LOCATION MAP

4 Surrounding Uses: The table below describes the surrounding General Plan land use designations, zoning designations, and existing land uses. Direction North TABLE 1: EXISTING GENERAL PLAN, ZONING, AND LAND USES General Plan Land Use Designation Town Center Mixed Use Zoning District Town Center, Active Use Frontage Overlay Existing Land Use Single family home Commercial condominiums on first Town Center, Active Use South Town Center Mixed Use floor, residential condominiums on Frontage Overlay second and third floors East Parks and Recreation Recreation Windsor Town Green (Park) West Town Center Mixed Use Town Center, Active Use Frontage Overlay Commercial condominiums on first floor, residential condominiums on second and third floors III. PROJECT DESCRIPTION The applicant is requesting approval of a Minor Use Permit to remodel 1,700+/- sf of existing commercial space at 1001 and 1007 McClelland Drive to operate Corks & Taps, a restaurant with alcohol sales. No exterior modifications to the building are proposed as part of the project. The project includes only interior tenant improvements. Use and Operating Characteristics: The proposed use is a restaurant with alcohol sales. Menu items will include those that can be prepared with smaller appliances, such as sandwiches, flatbread pizzas and salads. The drinks menu includes craft beers, premium wines and nonalcoholic beverages. A small portion of the space will include a retail section for the sale of bottles of wine and beer for off-site consumption. Project plans do not include tenant improvements for a commercial kitchen; the applicant s operations can be accommodated in the proposed non-commercial kitchen and preparation area, as indicated on the proposed plans (Attachment 3). Upon initial opening, hours of operation will be Wednesday-Saturday 11:00am- 9:00pm, and Sunday 11:00am-5:00pm. As the business grows, hours of operation will be expanded to include two additional days: Monday 11:00am-9:00pm and Tuesday 11:00am- 9:00pm. The restaurant will employ a total of five-six employees with one-four employees working during business hours (Attachment 2). No outdoor dining is proposed. IV. ANALYSIS This section provides a summary analysis of how the project complies with Town policies and standards. A. General Plan Consistency. The General Plan land use designation of the project site is Town Center Mixed Use (TCMU), which provides locations for an intensive mix of retail, residential, office, hotel and entertainment uses in the Town Center. This designation is intended to distinguish the Downtown as a unique and vibrant place where the community can gather to socialize, shop, play and live. The Zoning Ordinance implements the TCMU General Plan land use designation through the Town Center-Active Use Frontage Overlay (TC-AUFO) zoning district. As a restaurant with alcohol sales in the Downtown where people can gather to dine and socialize, the project is consistent with the uses anticipated in the Town Center Mixed Use General Plan land use designation.

5 B. Zoning. The project site is zoned Town Center-Active Use Frontage Overlay (TC-AUFO). The TC-AUFO district is applied to areas in the Downtown for socializing, shopping, recreating and living. Appropriate land uses include retail, high density residential, public uses, hotel, and motels. Ground level uses must be accessible to the general public, generate walk-in pedestrian clientele and thus contribute to a high level of pedestrian activity, and be engaging to pedestrians. In this zoning district, restaurants are a permitted use, and restaurants with alcohol sales are allowed with Minor Use Permit approval. The project, as conditioned, is consistent with the uses anticipated in the Town Center-Active Use Frontage Overlay district. Use. The Corks & Taps use is defined in the Town s Zoning Ordinance as a restaurant with alcohol sales. A restaurant with alcohol sales is differentiated from a bar in the Town s Zoning Ordinance by: 1) the area devoted to eating is larger than the area devoted to alcohol consumption, 2) the alcohol serving area cannot operate independent from the food service area; and 3) alcohol is only served when the full restaurant menu is being served. The proposed floor plan (Attachment 3) demonstrates compliance with the first two requirements, and the third requirement is regulated by the Department of Alcoholic Beverage Control. A restaurant with alcohol sales in the Town Center-Active Use Frontage Overlay requires Minor Use Permit approval. Development Standards. The project will occupy existing commercial space in a mixed-use building which demonstrated compliance with development standards through the Town s project review process and approval (Town Council Resolution No ). Parking. Parking for the commercial units, which anticipated restaurant uses, was provided for when Town Green Village was approved and constructed and through a recorded parking agreement. The former tenant in the same space, Starbucks Coffee, was considered a restaurant use in the Town s Zoning Ordinance. Corks & Taps is considered a restaurant with alcohol sales use in the Town s Zoning Ordinance. The parking requirements for both uses are the same. However, it is likely that the parking demand for Corks & Taps will be less than it was for Starbucks Coffee. Noise. Hours of operation (detailed above) are consistent with other restaurants in the vicinity. Hours of operation comply with the noise performance standards in the Town s Zoning Ordinance. C. Minor Use Permit. The Town Center-Active Use Frontage Overlay District requires Minor Use Permit approval for a restaurant with alcohol sales. Minor Use Permit applications require a hearing before the Administrative Hearing Officer to provide a process to review uses that may be desirable in the applicable zoning district, but the effect of which cannot be determined before being proposed for a particular location. The project has been reviewed by the Building Official, and staff at the Public Works Department, Windsor Fire Protection District, Police Department, Sonoma County Resource and Recovery, and Sonoma County Environmental Health. No concerns were expressed on behalf of these departments with the proposed use operating at this location.

6 V. ENVIRONMENTAL REVIEW Staff recommends the Hearing Officer find the project exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301: Existing Facilities, which exempts minor alterations of existing structures and facilities involving negligible or no expansion of use. The project consists entirely of interior tenant improvements. The tenant space was previously the location of a Starbucks Coffee. Corks & Taps will occupy the same tenant space as the previous tenant and make only interior tenant improvements. The project, as conditioned, is consistent with the applicable General Plan and Zoning designations and policies as described above. VI. PUBLIC NOTICE Notice of the public hearing was provided as required by State law, the Zoning Ordinance, and Town Council-adopted public notice procedures. As of the writing of this staff report, no comments have been received. VII. RECOMMENDATION Staff recommends the Hearing Officer find the project exempt from CEQA and approve the Minor Use Permit based on the findings and subject to the conditions of approval included in the Draft Notice of Decision (Attachment 1). VIII. REQUIRED ACTION Conduct a public hearing and make a decision on the applicant s request for approval of a Minor Use Permit. Attachment 1: Draft Notice of Decision Attachment 2: Project Statement with Regarding Number of Employees Attachment 3: Floor Plan

7 Attachment 1 TOWN OF WINDSOR ADMINISTRATIVE HEARING OFFICER NOTICE OF DECISION NO. -18 APPROVING A MINOR USE PERMIT FOR CORKS & TAPS AT 1001 MCCLELLAND AVENUE AND 1007 MCCLELLAND AVENUE, APNS , (FILE NO. MUP 18-19) WHEREAS, the Town of Windsor Administrative Hearing Officer ( Hearing Officer ) considered the Minor Use Permit application received from Floyd Wells to operate a restaurant with alcohol sales called Corks & Taps (project). The General Plan land use designation of the project site is Town Center Mixed Use (TCMU), and the zoning designation is Town Center- Active Use Frontage Overlay (TC-AUFO); and WHEREAS, the project has been determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Guidelines Section 15301: Existing Facilities, which exempts minor alterations of existing structures and facilities involving negligible or no expansion of use. The project consists of interior tenant improvements. The project, as conditioned, is consistent with the applicable General Plan and Zoning designations and policies as described below; and WHEREAS, the project was publicly noticed in accordance with State law, the Town of Windsor Zoning Ordinance, and Town Council adopted public notice procedures; and WHEREAS, in accordance with the provisions of law, the Hearing Officer conducted a public hearing on August 20, 2018 on said project, at which time all interested persons were given an opportunity to be heard; and WHEREAS, testimony was received from ; and WHEREAS, the Hearing Officer made the following findings for approval of a Minor Use Permit as required by Zoning Ordinance Section (F): 1. The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Ordinance and the Town Code. Table 2-4 of the Town s Zoning Ordinance identifies the types of land uses allowed in commercial zoning districts. In the Town Center -Active Use Frontage Overlay zoning district, a restaurant with alcohol sales is an allowed use with Minor Use Permit approval. The project will occupy existing commercial space in a mixed-use building which demonstrated compliance with development standards through the Town s project review process and approval (Town Council Resolution No ). Based on the above, and as conditioned, the project is consistent with this finding. 2. The proposed use is consistent with the General Plan and any applicable specific plan. The Town Center Mixed Use (TCMU) land use designation accommodates an intensive mix of retail, residential, office, hotel, and entertainment uses in the Town Center. This designation is intended to distinguish the Downtown as a unique and vibrant place where the community 1

8 Attachment 1 can gather to socialize, shop, play and live. The Station Area/Downtown Specific Plan also applies to this project, specifically the Active Use Frontage Overlay, which requires commercial uses that generate walk-in pedestrian clientele, are engaging to pedestrians, and contribute to a high level of pedestrian activity. Active uses may include stores, restaurants, cafés and markets. As a restaurant with alcohol sales, the project complies with the intended uses of the Active Use Frontage Overlay district. The Zoning Ordinance implements the TCMU General Plan land use designation through the Town Center-Active Use Frontage Overlay zoning district, in which restaurant with alcohol sales is an allowed use with Minor Use Permit approval. Based on the above, the project is consistent with this finding. 3. The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and future land uses in the vicinity. The 1,700+/- square foot project site is contained entirely within existing space that was recently vacated by Starbucks Coffee, which also occupied both commercial tenant spaces. No exterior modifications to the building or site are proposed as part of the project. The project s location, size and operating characteristics are compatible with other uses in the vicinity, which include retail shops and restaurants of similar size. The project would not change the site access or circulation for vehicles or pedestrians. Based on the above, the project is consistent with this finding. 4. The site is physically suitable for the type, density and intensity of use being proposed, including access, utilities, and the absence of physical constraints. The site is physically suitable for the type, density and intensity of the use being proposed; approval of Town Green Village envisioned retail and commercial uses such as restaurants in the commercial units. The existing site access will not be altered. The site has access to utilities. There are no physical constraints. Based on the above, the project is consistent with this finding. 5. Granting the permit would not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. The project was reviewed by the Public Works Department, Windsor Fire Protection District, Police Department, the Building Official, Sonoma County Resource and Recovery, and Sonoma County Environmental Health. Conditions of approval have been applied to the project to ensure compliance with Town standards. Operation and construction of the project is required to comply with the Town's Performance Standards, including standards for noise. Parking for commercial tenants was approved and provided for with a recorded parking agreement ( ). Based on the above, the proposed project, as conditioned, would not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and the TC-AUFO zoning district in which the project is located and is consistent with this finding. NOW, THEREFORE, BE IT RESOLVED that the Hearing Officer, based on the above findings, finds the project exempt from CEQA and approves the Minor Use Permit as shown on the plans submitted to the Community Development Department and date stamped June 7, 2018, and as described in the project description dated June 7, 2018, except as modified by the following conditions of approval. 2

9 Attachment 1 PUBLIC WORKS DEPARTMENT: Conditions applicable to issuance of a building permit: 1. Corks & Taps shall install a grease trap under the proposed three compartment sink, meeting the requirements of the Town s industrial waste inspector (Chris Murray ). To all extent possible, all non-human waste lines shall be connected to the proposed grease trap as deemed applicable by the Town s industrial waste inspector. All human waste lines shall be connected directly to the sanitary sewer lateral. 2. Corks & Taps will need to complete an Industrial Waste Permit Application and submit the completed application to the Town s Public Works Department for review and approval. The Town s industrial waste inspector (Chris Murray / cmurray@srcity.org) can be available to assist Corks & Taps in completing the application if needed. 3. Should it become necessary to perform work in a public right of way or on a public utility, an encroachment permit will be required prior to start of work. 4. Should construction activity, construction staging, crane operation or debris box placement need to occur in the public right of way, an encroachment permit will be required prior to start of work. 5. Should any construction activities interfere with use of the public roadway or the public pedestrian areas, a traffic control plan and encroachment permit will be required prior to start of work. WINDSOR FIRE PROTECTION DISTRICT (Unless otherwise stated, conditions in this section shall be to the satisfaction of the Fire Chief): Conditions applicable to issuance of a building permit: 6. Any changes to the fire suppression system must be approved and inspected by Windsor Fire Protection District staff. 7. Any changes to existing exiting conditions must be reviewed and approved by Windsor Fire Protection District staff. SONOMA COUNTY ENVIRONMENTAL HEALTH (Unless otherwise stated, conditions in this section shall be to the satisfaction of the Environmental Health Director): 8. A Retail Food Facility Permit is required to store, prepare, package, serve or vend food. A review and approval of the building permit plans will be required prior to issuance of a Retail Food Facility Permit to operate. 9. If the site participates in, or hosts, a special event that is two or more days, it must be approved as a community event. Community events require additional permits and inspections from this Department for the organizer as well as all food vendors. 3

10 Attachment 1 SONOMA COUNTY RESOURCE AND RECOVERY (Unless otherwise stated, conditions in this section shall be to the satisfaction of Sonoma County Resource and Recovery): 10. Pursuant to AB 1826, if the project generates four (4) cubic yards or more of recycling waste, the applicant must participate in a recycling program. The amount of recycling waste generation will be determined by a site visit from Sonoma County Resource and Recovery staff after Corks & Taps is open for business. 11. Pursuant to AB 1826, if the project generates four (4) cubic yards or more of organic waste, participation in an organic waste program is recommended. The amount of organic waste generation will be determined by a site visit from Sonoma County Resource and Recovery staff after Corks & Taps is open for business. COMMUNITY DEVELOPMENT DEPARTMENT - BUILDING (Unless otherwise stated, conditions in this section shall be to the satisfaction of the Building Official): 12. During construction, the Contractor shall be responsible for controlling noise, odors, dust and debris to minimize impacts on surrounding properties and roadways. Contractor shall be the responsible party to ensure that all construction equipment is equipped with manufacturer s approved muffler s baffles. Failure to do so may result in the issuance of an order to stop work. 13. Applicant shall submit building permit plans for review and approval to both Town of Windsor Building Division staff and Sonoma County Environmental Health staff. COMMUNITY DEVELOPMENT DEPARTMENT - PLANNING (Unless otherwise stated, conditions in this section shall be to the satisfaction of the Community Development Director): The following conditions are subject to staff review and approval of building permits: Building permit plans are subject to staff review and approval and shall be in substantial conformance with the Hearing Officer-approved plans, except as modified by the conditions of approval included herein. Conditions of approval included in this Notice of Decision shall be included verbatim as notes on the first page of the plans submitted for building permit approval. 14. No outdoor seating or dining is approved as part of this permit. Future outdoor seating or dining requires review and approval by the Community Development Department and may require an amendment to this permit. 15. No Special Events are approved as part of this permit. Any Special Events require application for and approval of a Limited Term Permit from the Community Development Department and/or an amendment to this Minor Use Permit. 16. Signs require approval of the Town Green Village Homeowners Association (HOA) prior to installation. 4

11 Attachment Operation of the project shall comply with the Town of Windsor Performance Standards included in Zoning Ordinance Section General Performance Standards. 18. Use of the property shall generally comply with the project description included in the staff report dated August 20, 2018, except as modified herein. Improvements shall be maintained in substantial conformance to plans approved by the Town of Windsor. 19. If any changes to plans, drawings, documents, or specifications are required pursuant to any conditions herein, these changes shall be brought to the appropriate department for review and approval prior to any construction or improvements. Also, such changes shall be reviewed by all departments involved in the initial approval of the subject plans, drawings, documents or specifications that are proposed for change. 20. The Community Development Director may approve minor modifications to the project that are in substantial conformance with the conditions of approval and approved plans. BE IT FURTHER RESOLVED that the Town of Windsor Administrative Hearing Officer action shall be final on the 10th day after the approval date of this Notice of Decision unless an appeal is filed. APPROVED this 20th day of August 2018 ADMINISTRATIVE HEARING OFFICER COMMUNITY DEVELOPMENT TECHNICIAN SENIOR ADMINISTRATIVE ASSISTANT 5

12 Attachment 2 Location: McClelland Drive, Windsor, CA 95492; 1,625 square feet Services: Family-friendly restaurant with alcohol sales serving pub-style snacks, sandwiches, and flatbread pizzas, with 14 draft beers, cider, kombucha, and wine, along with a variety of nonalcoholic beverages for adults and children. Also attached will be a bottle shop for patrons to shop and take home some of their favorite craft beers and wine. Hours: Our hours of operation will be Wednesday-Saturday 11 a.m.-9 p.m. and Sunday 11 a.m.-5 p.m. We plan to eventually expand to seven days a week and our hours will be consistent with our other weekday hours. About: Corks & Taps is a small, family-friendly restaurant that specializes in wine and beer, with the addition of a retail section for taking unopened wine and beer bottles home. Craft beer and wine is a large market within Sonoma County that is consistently growing year over year; we will specialize in both beer and wine equally, which is something that is not offered in Windsor. Corks & Taps will serve the town of Windsor with a consistent rotation of microbrews on tap and in the bottle from local and small out-of-market breweries and premium wines from Sonoma County and other small producers. Additional taps will include cider and kombucha, as well as non-alcoholic beverages such as iced tea and craft sodas. To entice customers to stay, a food menu will be available for purchase from open to close of business, including cheeses and charcuterie, pub-style snacks, salads, gourmet grilled cheese sandwiches and flatbread pizzas. With family in mind, we will have a kids menu available with beverages and smaller food items as well. We have included our initial food menu with this statement. All beverages and food will be ordered directly from the counter and delivered to the customer s table. A full kitchen is not planned nor needed to satisfy the food wants of patrons. With a food prep area directly behind the counter, Corks & Taps will only require the necessary refrigeration, as well as a convection oven for the baked items (cheese sticks, flatbreads, etc) and a panini press (sandwiches). Customers will be provided with all necessary plateware, silverware and condiments. Environment: We wish to contribute positively to the Town Green community, not only with the citizens of Windsor, but with the other surrounding businesses as well. We want to continue building a healthy and prosperous place where the residents can come and enjoy an evening out and visitors will want to return to again and again, encouraging a more active downtown area.

13 Attachment 2 We hope to attract those customers who wish to learn more about beer and wine and potentially expand their palate to different offerings that are not readily available elsewhere. In addition to the different offerings, we envision locals of Windsor finding our location to be a friendly and tasteful atmosphere, where they can congregate with friends or bring their children in for a relaxing evening. During the movie nights and concerts on the Town Green, we will have special pricing for those looking to enjoy a bottle on the lawn. Sundays will feature additional specials to welcome patrons of the weekly Farmers Market to stop in after purchasing fresh produce from the stands. With the community in mind, we fully understand the residents that live on the Town Green must be one of our top priorities. Corks & Taps is aware that with any business, there will be concerns of the impact it will have on the people living around the business. Knowing this, we will not have deliveries until the afternoon, as we aim to keep our scheduled deliveries at a time that will never impede on the residents or other businesses. Safety is also a top priority. Our staff will all be trained and certified by the State of California in Responsible Beverage Service (RBS) and cameras will be installed inside the business. These measures will limit any possible incidents. As consistent visitors to Windsor, and the Town Green community in particular, we feel that Corks & Taps is a natural fit with the existing businesses and the vision of the planning committee. Our integration into the community will be seamless. Windsor is a small town with a vast commitment to community our establishment will simply provide another opportunity to bring everyone together.

14 Attachment 2 Sheila Wolski From: Sent: To: Cc: Subject: Floyd Wells <floydwells21@gmail.com> Tuesday, August 7, :19 AM Sheila Wolski Nicole Wells; nrheuby@gmail.com Re: Corks & Taps- Employees Good Morning Sheila, We plan on having 5 6 employees in total. The number of employees working each day is as follows: Monday 2 Tuesday 2 Wednesday 2 Thursday 2 Friday 3 Saturday 3 Sunday 1 When there is an event on the town green we will staff up by one person. Thanks, Floyd Sent from my iphone On Aug 6, 2018, at 4:23 PM, Sheila Wolski <swolski@townofwindsor.com> wrote: Good afternoon Floyd, Number of employees for Corks & Taps? If it s expected to fluctuate throughout the day(s), please note that, too. Thank you, Sheila Wolski Community Development Technician Planning Division Community Development Department swolski@townofwindsor.com Town of Windsor 9291 Old Redwood Highway Bldg. 400 Windsor, CA Main via Text or Phone Direct Fax Monday Thursday 7am 6pm From: Sheila Wolski Sent: Monday, July 30, :55 AM 1

15 Attachment 3 OFFICE WALK-IN FRIDGE W.H. BACK OF HOUSE FOOD & BEVERAGE PREP STORAGE EXISTING UNISEX RESTROOM MERCHANDIZE AREA DINING AREA EXISTING UNISEX RESTROOM 1001 MC CLELLAND DRIVE WINDSOR CA, SQUARE FOOTAGE: 1,625 NORTH SCALE: 1/2 = 1-0