M E M O R A N D U M Planning Division

1 1 M E M O R A N D U M Planning Division Date: June 27, 2018 To: Planning Commission Subcommittee From: Michael Fossati, Senior Planner Subject: Minor Site Development Permit (P-MS18-0053), burger king s Fa ade Remodel A request for a Minor Site Development Permit to modify the fa ade and interior of an existing burger king , located at 175 W. Calaveras Blvd. The scope of work includes new paint and stucco, roofing accents, awnings and brand walls. Interior work include new dining room. Location: 175 W. Calaveras Boulevard (APN: 022-25-040) Zoning/GP: General Commercial (C2) / General Commercial (GNC) Background: On April 3, 2018, Katrina Riddle representing MJC Designs, submitted an application for a Minor Site Development Permit to modify the fa ade of an existing burger king Restaurant location at 175 W. Calaveras Boulevard, located on a acre parcel within the Calaveras Plaza shopping center. The project site is bound on all sides by the General Commercial (C2) zone.

2 The table below demonstrates the project s consistency with the applicable development standards of the TC zone. Table 1: General Commercial (C2) Development Standards Standards Required Proposed Complies Front Setback 0 22 Yes Side Yard Setback 0 60 Yes Street Side Yard Setback 0 13 Yes Rear Setback 0 70 Yes Floor Area Ratio Yes Building Height None (anything over 35 requires a CUP) 1 story 17 (to roof) 20 (to entryways) Yes Parking 23 23 + shared parking Yes P-MS18-0053 burger king Fa ade Remodel 2 Figure 1 Project Location 175 W. Calaveras In August 1977, the City of Milpitas approved a S zone application and Use Permit for a 3,000 sq. ft. burger king restaurant with drive-up service at the northwest corner of West Calaveras Blvd. and Butler St. The existing architecture consists of split face block walls and columns and California Mission concrete tile roof with dark stained wood trim.

3 The restaurant has minor modifications in signage to date. Application: In April 2018, an application proposing fa ade modifications to modernize the architectural style of burger king , located at 175 W. Calaveras had been filed. The fa ade improvements include a complete overhaul of the existing exterior with new stucco, paint, straight metal canopies and vintage wood tower elements and additional glazing. Along with the fa ade upgrades, the applicant has proposed to install a red LED, light band on top of the roof (and behind the tower elements). All other exterior lighting will be replaced with downcast lighting fixtures. P-MS18-0053 burger king Fa ade Remodel 3 The project includes the replacement of the interior seating area with all new finishes. The proposed number of seats, tables and floor area will not increase.

4 The kitchen, freezer, cooler and stockroom will remain unchanged. The existing landscaping and parking area will also remain. The applicant will later apply for a signage permit to update wall signage and menu signs. Figures 2 and 3 illustrate the contrast in architectural style between the existing building and the proposed: Figure 2: Existing East Elevation Figure 3: Proposed Northeast Elevation P-MS18-0053 burger king Fa ade Remodel 4 Zoning Conformance: The Minor Site Development is required pursuant to Milpitas Municipal Code ( MMC") Table (Additions or Alternations requiring Minor Site Development Permits) which requires Planning Commission Subcommittee to review minor exterior building changes that change the overall design of buildings located in non-residential and mixed use districts.

5 Pursuant to MMC Section XI-10-57-03(G), the Planning Commission Subcommittee is required to make specific findings before recommending approval of a Minor Site Development Permit. Findings shall identify the rationale behind the decision to take a certain action. Each required Finding is analyzed below. a. The development recognizes and respects the nature of the neighborhood and site, development patterns, materials used, and the expectations of those who will see and use the building; The proposed exterior changes of the project will ensure a consistent, contemporary aesthetic that compliment similar nearby retail and food vendors (Unocal 76 and Starbucks) and will complement the surrounding commercial buildings and uses of the General Commercial District. b. The development assures that modifications satisfy functional requirements, and are screened with appropriate compatible materials; and The proposed modifications to the building will not affect the functional requirements of the building, but rather, modernize the facility, which includes adherence to the most recent building code requirements, in order to preserve health and safety.

6 The modifications do not include any apparatuses that require appropriate screening. c. The development assures that the modifications will not interfere with the privacy, quiet enjoyment or view of the surrounding properties. The project s proposed modifications will allow the building to continue to serve as a single-story restaurant establishment without outdoor dining and will not interfere with the privacy, quiet enjoyment of view of surrounding properties. This project is categorically exempt from further CEQA review pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines. Section 15301, consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency s determination.

7 As explained above, the proposed project consists primarily of exterior fa ade modifications including color and decorative material changes to modernize the architectural style of the building that will not expand the use of the existing facility. Recommendation: STAFF RECOMMENDS THAT the Planning Commission Subcommittee APPROVE P-MS18-0053, fa ade modifications at an existing burger king restaurant located at 175 West Calaveras Boulevard, subject to the findings set forth in this report and the attached conditions of approval. P-MS18-0053 burger king Fa ade Remodel 5 Attachments: A. Conditions of Approval B. Project Plans P-MS18-0053 burger king Fa ade Remodel 6 Attachment A CONDITIONS OF APPROVAL: 1.

8 General Compliance. The applicant, including all successors in interest (collectively Permittee ) shall comply with each and every condition set forth in this Permit. This Minor Site Development Permit No. MS18-0053 ( Permit ) shall have no force or effect and no building permit shall be issued unless and until all things required by the below-enumerated precedent conditions have been performed or caused to be performed. 2. The Permittee shall develop the approved project in conformance with the approved plans (dated June 21, 2018), sample color and materials board approved by the Planning Commission Subcommittee, in accordance with these Conditions of Approval. (P) 3. Effective Date. Unless there is a timely appeal filed in accordance with the Milpitas Zoning Code, the date of approval of this Permit is the date on which the decision-making body approved this Permit. 4.

9 Acceptance of Permit. Should Permittee fail to file a timely appeal within twelve (12) calendar days of the date of approval of this Permit, inaction by Permittee shall be deemed to constitute each of the following: i. Acceptance of this Permit by Permittee; and ii. Agreement by the Permittee to be bound by, comply with, and to do all things required of or by Permittee pursuant to all of the terms, obligations, and conditions of this Permit. 5. Permit Expiration. Pursuant to Section XI-10-64-06 of the Milpitas Zoning Code, this Permit shall become null and void if the activity permitted by this Permit is not commenced within two (2) years from the date of approval, or for a project submitted with a tentative map, within the time limits of the approved tentative map. Pursuant to Section (B) of the Milpitas Zoning Code, an activity permitted by this Permit shall be deemed to have commenced when the project: i.

10 Completes a foundation associated with the project; or ii. Dedicates any land or easement as required from the zoning action; or iii. Complies with all legal requirements necessary to commence the use, or obtains an occupancy permit, whichever is sooner. 6. Time Extension. Pursuant to Section of the Milpitas Zoning Code, unless otherwise provided by State law, Permittee shall have the right to request a one-time extension of the Permit if the request is made in writing to the Planning Division prior to the expiration date of the approval. (P) 7. Project Job Account. If Permittee s project job account is at any time delinquent or below the required deposit amount, City will not continue to review or process the application until Permittee s private job account is paid in full and the required deposit has been made. Additionally, prior to the issuance of any building permit or occupancy permit, as applicable, Permittee shall pay in full the project account balance and establish a remaining balance of at least twenty-five percent (25%) of the required initial deposit.