Memo - CUP Established - 2018MEMORANDUM
To: File
From: Daniel Fama, Senior Planner
City of Campbell
Planning Division
Date: March 9, 2018
Subject: 1976 S. Bascom Ave. - Philz Coffee TI (BLD2018-00317)
Background: On February 26, 2002 the Planning Commission adopted Resolution No.
3411 approving a Conditional Use Permit (PLN2001-78) to allow an as-built
(unpermitted) 22-seat outdoor patio in association with an existing restaurant (then Baja
Fresh) on property located at 1976 S. Bascom Avenue. This approval conditioned
various on- and off-site improvements including new landscaping, parking striping, and
installation of accessible driveway approaches.
Correspondence dated May 17, 2002, found in the Conditional Use Permit Laserfiche
file (PLN2001-78), reveals that Baja Fresh contended that the installation of the
accessible driveway approaches constituted a financial burden and that the company
would seek to modify the approval to request that the Planning Commission remove the
applicable condition of approval. Senior Planner Geoff Bradley agreed to what appeared
to be an interim compromise that would allow use of the patio for the sole purpose of
waiting area seating (i.e., no meal service), limited to eight seats. The City's records do
not show that Baja Fresh ever proceeded to submit an application to modify the
Conditional Use Permit.
An application for a building permit (BLD2003-00097) for the patio and associated on-
site improvements was submitted on January 24, 2003 and issued on June 5, 2003.
The approved construction plans, which were cleared for issuance by Planner I
Stephanie Willsey, depicted 22 seats, not the eight seats that had been agreed to by
Senior Planner Geoff Bradly. Moreover, Tidemark does not indicate that the
construction plans were routed to Land Development staff such that that the
requirement for accessible driveway approaches was not carried forward.
Nevertheless, under the issued building permit two inspections (footings and rough gas
test) were conducted. However, for reasons unknown the permit expired and final
clearance was never granted and no additional follow-up was conducted.
Decision: Although the required off-site improvements were not installed and the
building permit expired, by virtue of issuance of the building permit, the Conditional Use
Permit approval was "established" pursuant to CMC Sec. 21.56.030.B.1 (Issuance of
building permit). Therefore, the Conditional Use Permit remains a valid land use
entitlement that may continue to be exercised in association with a submitted tenant
improvement for a new cafe (Philz Coffee). However, as part of the building permit
review, Planning and Land Development staff will require on and off-site improvements
consistent with the Conditional Use Permit.