Pre-Application - 2001
CITY OF CAMPBELL
Community Development Department
March 2, 2001
Mr. Moe Zahriya
291 S. Capitol Ave.
San Jose, CA 95127
Dear Mr. Zahriya,
Re:
Pre-Application for a tattoo, body-piercing, and smoking accessory establishment on property
located at 1810 S, Bascom Ave, in a P-D (Planned Development) Zoning District.
Thank you for your submittal of a pre-application for a tattoo, body-piercing, and smoking accessory
establishment in an existing building located at 1810 S. Bascom Ave. A preliminary review of your
proposal reveals the following concerns with this type of retail/personal service use at the above location:
.
The original Planned Development permit for the site was for a retail establishment. The proposed
use of your part of the tenant space is for a combination of retail uses and personal services, which is
considered to be a more intensive use. If a more intensive use is to be permitted, the site needs to be
brought into conformance with current development standards, including parking requirements. A
commercial building of 15,700 square feet would require 79 parking spaces. According to the plans,
63 spaces are provided on site. This is a parking deficit of 16%.
The Campbell Police Department has expressed concerns that the combination of retail sales
(smoking paraphernalia) and personal services (tattoo and body piercing) would generate a higher
than average level of demand on City police services, as has been found to be the case in other
jurisdictions. Loitering or other such activity at the site would likely increase demand on City of
Campbell Police services and there is a concern about the impact on neighboring residences.
Generally, there is the concern that the establishment, maintenance, or operation of the combination
of retail sales (smoking paraphernalia) and personal services (tattoo and body piercing) uses will be
detrimental to the public health, safety, peace, morals, comfort, or general welfare of persons residing
or working in the nearby neighborhood, or detrimental or injurious to property and improvements in
the neighborhood or to the general welfare of the City. The proposed use would probably
significantly disturb the peace and enjoyment of nearby residential neighborhoods and it would likely
create a nuisance due to problems involving minors, noise, litter, vandalism, traffic or other factors.
.
.
Given the concerns of the Campbell Police Department regarding the combination of drug paraphernalia
sales, tattoo, and body-piercing, it is unlikely that such an application would be supported by City Staff.
70 North First Street
Campbel1, California 95008-\436
FIX 408.866.838\
TI) ) 408.866.2790
TEL 408.866.2\40
.n
T
However, in the event that an application was submitted and approved by the Planning Commission,
conditions of approval which addressed several concerns, including but not limited to the following,
would be recommended for adoption:
.
Activities allowed at the business would be strictly limited to those approved by the Planning
Commission, especially as they relate to the proposed use, square footage of the tenant space
number of employees, and operating hours.
Hours of operation could be limited.
The business could not create a nuisance due to noise, litter, vandalism, traffic, or other factors.
All alterations to the interior of the tenant space would need to conform to the Uniform Building
Code and be constructed to the satisfaction of the City Building Official.
Work would need to be done on the site drainage system at the southeasterly corner of the
property so that the system works properly.
New exterior equipment would need to be screened to the satisfaction of the Community
Development Director.
New signs would have to be approved by the Community Development Department.
Noise generated by the business would need to be carefully managed.
.
.
.
.
.
.
.
This is a summary of the issues raised by the various departments as part of this Pre-Application process.
If you have any questions, please feel free to phone me at (408) 866-2142.
Sincerely,
rr~~ kç~
Kristi Bascom
encl:
cc:
Campbell Municipal Code Chapter 8.24: Sales Of Drug Paraphernalia To Minors
GeoffBradley, Senior Planner
Sgt. Rich Shipman, Police Department
.- ..-
11
Campbell Municipal Code
Chapter 8,24 SALES OF DRUG PARAPHERNALIA TO MINORS
8.24.010 Minors
No owner, manager, proprietor, or other person in charge of any room in any place of business, selling or
displaying for the purpose of sale any device, contrivance, instrument or paraphernalia for smoking or
injecting or consuming marijuana, hashish, PCP, or any controlled substance as defined in the health and
Safety Code of the State of California, other than prescription drugs and devices to ingest or inject
prescription drugs, as well as roach clips and cigarette papers and rollers designed for the smoking of the
foregoing, shall allow or permit any person under the age of eighteen years to be, remain in, enter, or visit
such room unless such minor person is accompanied by one of his or her parents, or by his or her legal
guardian. (Ord. 1244 § 1 (part), 1979).
8.24.020 Minors--Excluded
A person under the age of eighteen years shall not be, remain in, enter, or visit any room in any place used
for the sale or displaying for sale devices, contrivances, instruments or paraphernalia for smoking or
injecting marijuana, hashish, PCP, or any controlled substance, other than prescription drugs and devices
to ingest or inject prescription drugs, including roach clips, and cigarette papers and rollers designed and
used for smoking the foregoing, unless such person is accompanied by one of his or her parents, or his or
her legal guardian. (Ord. 1244 § 1 (part), 1979).
8.24.030 Sale and display rooms
A person shall not maintain in any place of business to which the public is invited the display for sale, or
the offering to sell of devices, contrivances, instruments or paraphernalia for smoking or injecting
marijuana, hashish, PCP, or any controlled substance, other than prescription drugs and devices to ingest
or inject prescription drugs, including roach clips, and cigarette papers and rollers designed and used for
smoking the foregoing, unless within a separate room or enclosure to which minors not accompanied by a
parent or legal guardian are excluded. Each entrance to such a room shall be sign posted in reasonably
visible and legible words to the effect that narcotic paraphernalia are being offered for sale in such a
room, and minors, unless accompanied by a parent or legal guardian, are excluded. (Ord. 1244 § I (part),
1979).
8.24.040 Sale and display rooms--Nuisance
The distribution or possession for the purpose of sale, exhibition, or display in any place of business from
which minors are not excluded as set forth in this section, and where devices, contrivances, instruments or
paraphernalia for smoking or injecting marijuana, hashish, PCP, or any controlled substance, other than
prescription drugs or devices to ingest or inject prescription drugs, including roach clips and cigarette
papers and rollers designed and used for smoking the foregoing, is declared to be a public nuisance and
may be abated pursuant to the provisions of Section 731 of the Code of Civil Procedure of the State of
California. This remedy is in addition to any other remedy provided by law, including the penalty
provisions applicable for violation of the terms and provisions of this code. (Ord. 1244 § I (part), 1979).
8.24.050 Penalty
It is unlawful for any person, firm or corporation to violate any provision, or fail to comply with any
mandatory requirement of this chapter. Any person, firm or corporation committing any unlawful act
under this chapter shall be guilty of a misdemeanor pursuant to Section 1.04.010 of this code. (Ord. 1693
§5(F), 1988).
.- ..-
11
f
DESCRIPTION OF PROJECT
Proposed Use
Applicant proposes to establish and operate a gift and
clothing shop that will sell tobacco products such as
cigarettes and cigars; smoking accessories such as water
pipes, hand pipes, lighters, scales and cigarette paper;
clothing such as T-shirts and hats; and gift items such as
candles, jewelry, posters, and stickers, In addition, the
shop will provide tattooing and body piercing services.
Applicant plans to perform tenant improvements to
upgrade the premises to convert it to a hygienically clean,
modern retail establishment suitable for the proposed
operations.
The professional services will include custom, cover-
up and cosmetic tattooing and body piercing by highly
trained, experienced and licensed professionals, The
operations will be conducted under sterilized conditions in
accordance with all pertinent code and ordinance
regulations to insure compliance with the law and to
protect the patrons' health and welfare,
The sale of smoking accessories will be conducted in
accordance with all pertinent codes and regulations, The
area in which smoking accessories will be displayed and
sold will be in a separate enclosure, Minors unaccompanied
by a parent or guardian will be excluded from that separate
enclosure, The separate enclosure will be posted with
signs explicitly prohibiting minors unaccompanied by a
parent or guardian from entering, All store employees will
be instructed to rigorously enforce the requirement that
minors unaccompanied by a parent or guardian not be
permitted in the area in which smoking accessories are
displayed and sold,
Square Footage
The existing and proposed square footage is
approximately 2,600 sq,ft,
Number of Employees
There will be four employees operating the shop.
.-. ..-- -..
°rr-
H-r .0._.
Hours of Operation
The hours of operation for the shop will be 10:00 a,m,
to 10:00 p,m" seven days a week.
Adjacent Uses
There is a record shop located adjacent to the
proposed shop,
January~, 2001
Dated:
f
Applicant
Description of Project
._. . 0-
. fl
f