UP 81-02 - Unit 114U I TY OF CAMPBELL 1875 S . BASCOM AVE. UP 81-02
114
` ARIAS, WILLIAM
1 .
PLANMIMO COriMISS:ON MF.ETINO
MIMUTFS - FEBRUARY 3, 1981
UP 81-02 This is the time and place for a public hearing
Arias, W. to consider the application of Mr. William Arias
for a use permit to allow the establishment of an
on -sale beer and wine eating place for property
known as 1875 S. Bascom Avenue, 0114 in a C-2-S
(Commercial) Zoning District.
Mr. Kee reported that the applicant is applying for a use permit to allow the
sale of beer and wine in the existing Bumbleberry Restaurant which is located
in the Pruneyard Shopping Center. Nc, intericr or exterior modifications will
be made to the structure. He further noted that the City Council, in Augu_t
1980, amended Chapter 21.22 (C-1), 21.24 (C-2) and 21.26 (C-3) of the Campbell
Municipal Code so as to require a use permit for any establishment selling
liquor in these commercial zones. Thus, this matter is before the Commission
at this time.
The Police Department is of the opinion that the use seems appropriate and
the Fire 'Department is requiring that a Permit to Operate a Place of Assembly
50-300" shall be obtained from their office, thus Condition No. 1.
Chairman Meyer opened the public hearing and invited anyone in the audience
to speak for or against this item.
Ms. Terrie Priddy, Manager of the Bumbleberry, inouired as to when the
restaurant could start serving alcoholic beverages.
Mr. Kee indicated there would be a 10-day waiting period before alcoholic
beverages could be served, roughly February 13, 1981.
No one else wishing to speak, Commissioner Pack moved that the public hearing
be closed, seconded by Commissioner Kotowski and unanimously adopted.
RESOLUTION NO. 1975 Commissioner Pack moved that the Planning Commission
adopt Resolution No. 1975 approving UP 81-02 subject
to the conditions listed in the Staff Comment Sheet,
seconded by Commissioner Campos and adopted by the
following roll call vote:
AYES: Commissioners: Pack, Kotowski, Campos, Fairbanks, Kasolas
NOES: Commissioners: None
ABSENT: Commissioners: Kasolas
ABSTAIN: Commissioners: Dickson
Commissioner Dickson noted his reason for abstaining on this application is that
he is morally opposed to this type of use.
2ESOLUTION NO. 1975
After notification and public hearing as specified by law on the
application of Mr. William Arias for a use permit to allow the establishment
of an on -sale beer and wine eating place for property known as 1875 S. Bascom,
0114, in a C-2-S (Commercial) Zonirg District, as per application filed in the
Office of the Planning Department on January 2, 1981, and after presentation
by the Planning Director, proponents and opponents, the hearing was closed
(UP 81-02).
After due consideration of all evidence presented, the Commission did
find as follows:
That the establishment, maintenance, and operation of the proposed
use will not be detrimental to the health, safety, peace, morals,
comfort, or general welfare of persons residing or working in the
neighborhood of such use, or be detrimental or injurious to the
property and improvements in the neighborhood or the general
welfare of the City.
Based on the above findings, the Planning Commission does hereby grant
the requested use permit subject to the following conditions:
1. A permit to Operate a Place of Assembly 50-300 shall be
obtained from the Fire Department.
2. Applicant to obtain all required building permits.
The applicant is notified as part of this application that he is required
to meet all conditions in accordance with Ordinance of the City of Campbell and
Laws of the State of California.
The applicant is notified that he shall comply with all applicable Codes
or Ordinances of the City of Campbell which pertain to this development and
are not herein specified.
PASSED AND ADOPTED this 3rd day of February, 1981 by the following roll
call vote:
AYES: Commissioners: Pack, Kotowski, Campos, Fairbanks, Meyer
NOES: Commissioners: None
ABSENT: Commissioners: Kasolas
ABSTAIN: Commissioners: Di-kson
ATTEST: Arthur A. Kee
ecretary
APPROVED: Jane P. Me er
V ce- a rman
,4�.,.. «..«... ...._.,,tea ...K,�..�,...
J
■
ITEM NO. 9
STAFF COMMENT SHEET - PLANNING COMMISSION MEETING OF FEBRUARY 3, 1981
UP 81-02 Public hearing to consider the application of Mr.
Arias, W. William Arias for a use permit to allow the estab-
lishment of an on -sale beer and wine eating place
for property known as 1875 S. Bascom Avenue, #114
in a C-2-S (Commercial) Zoning District.
STAFF RECOMMENDATION
1. That the Planning Commission adopt a resolution approving this
application, subject to attached conditions.
STAFF DISCUSSION
The applicant is applying for a use permit to allow the sale of beer
and wine in the existing Bumbleberry Restaurant which is located in
the Pruneyard Shopping Center. No interior or exterior modifications
will be made to the structure.
The Commission may recall that the City Council, in August 1980, amended
Chapter 21.22 (C-1), 21.24 (C-2) and 21.261--31 cF the Campbell Municipal
Code so as to require a use permit for any es*.iolishment selling liquor
in these commercial zones. Thus, this matter is before the Commission
at this time.
The Police Department is of the opinion that the use seems appropriate.
The Fire Department is requiring that a Permit To Operate A Place Of
Assembly 50-300" shall be obtained from their office, thus Condition
N1 .
r 7 G
CONDITIONS OF APPROVAL - UP 81-02
APPLICATION OF: Mr. William Arias
Page 1
1. A Permit To Operate a Place of Assembly 50-300 shall be obtained
from the Fire De- irtment.
2. Applic,int to obtain all required building permits.
STAFF PROCESS LIST
�3� HEM ET
FILE NO. UQBI-•e*
AGENDA DATE: Z121rat
DATE FILED:
FEE: PAID:
SITE ADDRESS: I$ 19 y, M erl A APN NO:
PROPOSED USE:L,ZONING:
GENERAL PLAN:
APPLICANT: H F- BILL t+lt1)6
ADDRESS: 10 5. 6i.5wH ,lvE �H
Kf-1 L� PHONE NO:
+ + +
DATE PUBLISHED IN CAMPBELL PRESS:
DATE PROPERTY WAS POSTED (IF APPLICABLE):
DATE LETTER SENT TO APPLICANT:
DATE OF FIRST (PUBLIC) HEARING:
CONTINUED TO: /
APPROVED DATE: —ZZL�lEi RESOLUTION NO: Lrj
DENIED DATE: RESOLUTION NO:
DATE OF PUBLIC HEARING BY CITY COUNCIL: _
FINAL ACTION: APPROVED DENIED
Copies to:
I
7:n
TY_UF CAMPBELL, CALIFORNIA
NONCE OF EXEMPTION
TO: _ Secretary for Resourc �F�ROM: CITY OF CAMPBELL
1416 Ninth St., R9 1 M I� 75 N. CENTRAL
DEPARTMENT
Sacramento, CA 9581 1, I� D 5 N. CE'4TRAL AVE.
XX County Clerk's Office
FEB 51981 CAMPBELL, CA 95008
Santa Clara County C1TM OF CAMPBE 1ENDORSfDI
San N. First St. 1- I c
San N.Jose, First
t. PLAN IF DEPAR13AM MENT L. ("
^. 1981
PROJECT TITLE: UP 31-02 JOHN KAZUBOWSKI. aerk
PROJECT LOCATION: Specific 1875 S. Bascom Avenue, d114
PROJECT LOCATION: City Campbell _ County Santa Clara
DESCRIPTION OF NATURE, PURPOSE AND BENEFICIARIES OF PROJECT:
Aoolication for use oe-mit to allow the establishment of an on -sale
beer and wine eating place.
NAME OF PUBLIC AGENCY APPROVING PROJECT: City of Campbell
Manning
NAME OF PERSON/AGENCY CARRYING OUT PROJECT: William Arias
EXEMPT STATUS (Check One): Ministerial (Sec. 15073)
Declared Emergency (Sec. 15071(a)&(c))
Emergency Project (Sec. 15071 (b)&(C))
XX Categorical Exemption - State Type &
Section Number 15121 Class 21
Enforcement Actions by Regulatory Agencies
REASONS WHY PROJECT IS EXEMPT: Permit for beer and wine will not have
an effect on the environment.
CONTACT PERSON: Harty Woodworth
IF FILED BY APPLICANT: 1
2
DATE RECEIVED FOR FILING:
TEL. NO.: '408) 378-8141, Ext.
236
Attach certified document of exemption
finding.
Has a notice of exemption finding been
filed by the public agency approving
the project? _ Yes _ No.
/J
SIGNATURE:
a
TITLE: PLANNER T
of
■
NTY OF rAM1111111.
75 NORTH CENTRAL AVENUE
CAM PaEL L, CALIFORNIA 95008
(108) 378.8141
I
iDepartment Planning February 5, 1981
Mr. Bill Arias
1875 S. Bascom Avenue, #114
Campbell, CA 95008
RE: UP 81-02
1875 S. Bascom Avenue, #114
Dear Mr. Arias:
Please be advised that the Planning Commission, at i'.s meeting of
February 3, 1981, approved your application for a use permit to
allow the establishment of an on -sale beer and wine eating place
for the property referenced above. This approval is subject to
the following conditions:
1. A permit to Operate a Place of Assembly 50-300 shall
be obtained from the Fire Department.
2. Applicant shall obtain all required build,ng permits.
Please note that this approval of a use permit become effective in
ten days unless it is appealed.
If you have any questions concerning this matter, please contact
the Planning Department.
Sincerely,
ARTHUR A. KEE
PLANNING DIRECTOR
MARTY C. WOODWORTH
PLANNER I
ld
Enclosure: Resolution No. 1975
i.
1 �
RESOLUTION NO. 1975
After notification and public hearing as specified by law on the
application of Mr. William Arias for a use permit to allow the establishment
of an on -sale beer and wine eating place for property known as 1875 S. Bascom,
#114, in a C-2-S (Commercial) Zoning District, as per application filed in the
Office of the Planning Department on January 2, 1981, and after presentation
by the Planning Director-, proponents and opponents, the hearing was closed
(UP 81-02).
After due consideration of all evidence presented, the Commission did
find as follows:
That the establishment, maintenance, and operation o' the proposed
use will not be detrimental to the health, safety, peace, morals,
comfort, or general welfare of persons residing or working in the
neighborhood of such use, or be detrimental or injurious to the
property and improvements in the neighborhood or the general
welfare of the City.
Based on the above findings, the Planning Commission does hereby grant
the requested use permit subject to the following conditions:
1. A permit to Operate a Place of Assembly 50-300 shall be
obtained from the Fire Department.
2. Applicant to obtain all required building permits.
The applicant is notified as part of this application that he is required
to meet all conditions in accordance with Ordinance of the City of Campbell and
Laws of the State of California.
The applicant is notified that he shall comply with all applicable Codes
or Ordinances of the City of Campbell which pertain to this development and
are not herein specified.
PASSED AND ADOPTED this 3rd day of February, 1981 by the following roll
call vote:
AYES: Commissioners: Pack, Kotowski, Campos, Fairbanks, Meyer
NOES: Commissioners: None
ABSENT: Commissioners: Kasolas
ABSTAIN: Commissioners: Dickson
APPROVED: Jane P. Meyer
V�-Chai rnian
ATTEST: Arthur A. Kee
ecretary
_ -"W
i
CITY OF CAMPBELL
75 NORTH CENTRAL AVENUE
C A M P B E L L. CA LIF0RNIA 95008
14081 378 8 14 1
Department. Planning
Mr. William Arias
1875 S. Bascom Avenue, N114
Campbell, CA 95008
RE: UP 81-02
1875 S. Bascom Avenue, #114
�- 9
January 30, 1981
Please be advised that the Planning Commission of the City of Campoell
has set the hour of 7:30 p.m. on Tuesday, February 3, 1981 in the City
Hall Council Chambers, 75 North Central Avenue, Campbell, California
as the time and place fer consideration of the above -referenced
application.
Enclosed are an agenda and a copy of the Staff Comment Sheet for your
information. It is necessary that you or your authorized r_.presentative
be present at said searing.
If you have any questions, please contact the Planning Department.
Siinncereelly,
ARTHUR A. KEE
PLANN,NG DIRECTOR
Id
Enclosure
VITY (1F V A l'11ELL
75 NORTH CENTRAL AVENUE
C A M P B E LL, CA LI F0 R N I A 95008
(408) 378 .I'.,
PLANNING
Department -.
?1r. William Arias
1875 5,. Bascom Ave 0114
Campbell, CA 95008
RE: OUR FILE NO. Op 81 01
APPLICATION FOR 1875 S. Bascom Ave. N. 1/4
id
January 29,1981
Dear .Mr. Arias:
Pursuant to Section 65943 of the Government Code of the State of
California, please be advised that the Planning Department has made
the determination that the application referred to above is:
,xx Accepted as complete.
_ Not accepted - incomplete (see
attached sheet which indicates
those parts of the application
that are not complete and what
Is required to make the appli-
cation complete).
If you have any questions regarding this letter, pit
contact the Campbell Planning Department.
Very truly yours,
ARTHUR A. KEE
PLANNING DIRECTOR
PJS:Jw
RECEIPT
CITY OF CAMPBELL
CA MPBE Lt �4lIFOHNia//••
NAME
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CITIZEN COPY
rH6�E reR
PROOF OF PUBLICATION
(2615.5 C.C.P.
STATE OF CALIFORNIA,
County of Santa Clara
I am a citizen of the United Ststrs and a resident
of the County aforesaid: I am ever the age of
eighteen years. am' not a party to or interested in
the above -entitled matter. 1 am the principal
clerk of the printer of the
CAMPBELL PRESS
10950 N. Blaney Ave., Cupertino. California. a newspaper
of general circulation, printed every Wednesday in the
city of Cupertino, California. County of Santa Clara. and
published in city of Campbell, California. County of Santa
Clara: and which newspaper has been adjudged a news-
paper of general circulation by the Superior Court of the
County of Santa Clara, State of California, Case Number
8100- that the notice of which the annexed is a printed
copy (set in type not smaller than non-pareil), has been
published in each regular and entire issue of said news-
paper and not in any supplement thereof on the following
dates, to wit:
Jar,, , 1,
all in the year V;
1 certify for declare) under penally of perjury
that the foregoing Is true and correct.
Dated at Cupertino. California, this
ls' dad: Jar. Ig 1
Signature
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Filing Stan...
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Pub,t-2141rat 43-a
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CITY L.: CAMPBELL
Jail S !: Sl
PLAMNIMG COMMISSION CITY OF CAMPBELL
APPLICATION PLANND DePARTMENT
Date:
APPLICATION: FILE NO.:
Architectural Approval
Planned Development Permit
-=t- Use Permit l
Zone Change
General Plan Amendment
Variance
Other:
APPLICANT:
Name: Phone:
Address:
City/State: Zip
PROPERTY OWNER:
Name: / . _ Phone:
Address: _
City/State: _ Zip:
PROPERTY LOCATION:
ASSESSORS PARCEL NO.: JJ��' ate ZONING:
I/We the undersigned person(s) having an interest in the above described
property hereby make the above application(s) in accordance with the
provisions of the Campbell Municipal Code, and I/We hereby certify that
the information given herein is true and correct to the best of my/our
knowledge and belief.
Respectfully submitted,
Signature of Applicant ate
Signature of Owner ate
k,_
INFORMATION TO BE SUBMITTED BY APPLICANT
—A. Environmental Information Form.
------2. Description of request/proposal.
Legal Description (attach one of the following):
a. Preliminary Title Report b. Photo Copy of Deed c. Recorded Map
—�4. Names and addresses of individuals who, in addition to the applicant and
owner, should receive agenda information and staff reports.
04k 5. Applicant must attach five (5) copies of site plans, elevations, and floor
plans indicating use of building in square footage. (If property abuts
land owned by the Santa Clara Valley Water District, the applicant must
attach six (6) copies of the site plans, Elevations and floor plans.)
uIA 6. PLANNED DEVELOPMENT PERMIT ONLY: Development Schedule - A written statement
giving the latest date after Cit Council approval, on which construction
will begin and date by w c mprovements will be completed.
N/p 7. VARIANCE APPLICATIONS ONLY:
Justification: A clear and detailed statement in writing substantiating
the request for a Variance, demonstrating:
That there are exceptional or extraordinary circumstances or conditions,
applicable to the property involved, or the intended use thereof, which
do not apply generally to the property or class of uses in the district,
so that a denial of the application will result in undue property loss;
That such variance is necessary for the preservation and enjoyment of
the property rights of the owner of the property involved;
That the granting of such variance will not be materially detrimental
to the public health, safety or welfare, or injurious to the property
or ;mprovements of other property owners, or the quiet enjoyment of
such property or improvements.
Other Data: Such as letters, petitions, drawings or photographs which the
app cant wishes to relate to this application.
B. FILING FEE:
Architectural Approval .................. $ 75.00
Planned Development Permit .............. $250.00
Use Permit .............................. 1150.00E--
Zone Change ............................. $250.00
General Plan Amendment .................. $360.00
Variance ................................ $ 75.00
Attention of applicants is especially called to the importance of being present
at public hearings. The burden of presenting the matter to the Planning Commission
is on the applicant and failure to be present at a hearing may adversely affect the
applicant's chances of obtaining the development he requests.
_ - EIR-1
G .Y OF CAMPBELL, CALIFORNIA
INITIAL STUDY
ENVIRONMENTAL INFORMATION FORM - TO BE COMPLETED BY APPLICANT
Date Filed:
GENERAL INFORMATION:
1. Name and address of developer or project sponsor:
2. Address of project:
Assessor's Block and L—o-t—WiTir _
3. Name, address, and telephone number of person to be contacted
concerning this project:
4. Indicate number of the permit application for the project to which
this form pertains:
5. List and describe any other related permits and other public
approvals required for this project, including those required
by city, regional, state and federal agencies:
6. Existing zoning district:
7. Proposed use of site (Project for which this form is filed):
PROJECT DESCRIPTION (ATTACHED ADDITIONAL SHEETS IF NECESSARY)
8. Site size.
9. Square footage.
10. Number of floors of construction.
11. Amount of off-street parking provided.
12. Attach plans.
13. Proposed scheduling.
14. Assoc!.* d projects.
15. Anticipated incremental development.
1 of 3 pages
-11
16. If residential, include the number of units, schedule of unit
sizes, range of sale prices or rents, and type of household
size expected.
17. If commercial, indicate the type, whether neighborhood, city
or regionally oriented, square footage of sales area, and
loading facilities.
18. If industrial, indicate type, estimated employment per shift,
and loading facilities.
19. If institutional, indicate the major function, estimated employ-
ment per shift, estimated occupancy, loading facilities, and
community benefits to be derived from the project.
20. If the project involves a variance, conditional use or rezoning
application, state this and indicate clearly why the application
is required.
Are the following items applicable to the project or its effects?
Discuss below all items checked yes (attach additional sheets as
necessary).
Yes No
21. Change in existing features of any bays, tidelands,
beaches, lakes or hills, or substantial alteration
of ground contours.
L 22. Change in scenic views or vistas frog existing
residential areas or public lands or roads.
y 23. Change in pattern, scale or character of general
area of project.
24. Significant amounts of solid waste or litter.
25. Change in dust, ash: smoke, fumes or odors in
vicinity.
26, Change in ocean, bay, lake, stream or ground water
quality or quanity, or alteration of existing drain-
age patterns.
27. Substantial change in existing noise or vibration
levels in the vicinity.
L 28. Site on filled land or on slope of 10% or more.
29. Use of disposal of potentially hazardous materials,
such as toxic substances, flammables or explosives.
y 30. Substantial change in demand for municipal services
(police, fire, water, sewage, etc.)
1 31. Substantially increase fossil fuel consumption
(electricity, oil, natural gas, etc.)
32. Relationship to a larger project or series of projects.
2 of 3 pages
j F_ -17
ENVIRONMENTAL SETTING
33. Describe the project site as it exists before the project,
including information on topography, soil stability, plants
and animals, and any cultural, historical or scenic aspects.
Describe any existing structures on the site, and the use
of the structures. Attach photographs of the site. Snapshots
or polaroid photos will be accepted.
34. Describe the surrounding properties, including information
on plants and animals and any cultural, historical or scenic
aspects. Indicate the type of land use (residential, cosmiercial,
etc.), intensity of land use (one -family, apartment houses,
shops, department stores, etc.), and scale of development
(height, frontage, set -back, rear yard, etc.). Attach photo-
graphs of the vicinity. Snapshots or polaroil photos will be
accepted.
CERTIFICATION
I hereby certify that the statements furnished above and in the
attached exhibits present the data and information required for
this initial evaluation to the best of my ability, and that the
facts, statements, and information presented are true and correct
to the best of my knowledge and belief.
l ate Signature
r•
For
MOVED
0 CITY OF CAMP
BELL
PUh Vp DEPARTMENT
3 of 3 pages
ID
PiwaliM Dapart—t
Cite of Campbell
-i�i^r
7ampbell
DATE >>-lp-R^
APPLICANT A -R;AS
'UME,S S, arro Av :1
Camobrll
NEARP•.ST CROSS STREiiT
TYPiS LICtTiSE r r, T v a= ru v WTilF FA tar ni er_ .
Dear Sir:
The above applicant has applied for an alcoholic beverage license in your
jurisdiction. In order that the license may be properly issued, Please
answer the following quentions.
tihat is the zoning for this location? �� t n ee 4 Co•* ���-- I
Is zoning proper fo- this t;-pn Licence? V 4C S
Is a USE PMMT required for this business? !l O
Date USE P.MMT issued and number
Is a SEPARATE USE PERM reouircd for Lhe alcoholic boverare lir-ense? il
VAS
T—
Uatc US3 PM41T issued and number Fib. 13� �9�i Vie PI-oZ
Department. of Al coho;.ic 3evervn- Control
1150 So. Dnscom Avenue, Suite q
San Jose, CA 9',,V8
Telephone (408) 277-1200
Signature and Title of Planning Officer
Dote Phony:
i:OTICE TO APPLICANT:
All the above information concerninr, ZOttINC and 11 ,"! P M ITS must• be completed
by the PI&Tning Department. It is ;,rur responsibil'_ty to sc:aurc the required
information and return thin form to your Plir Lnvest.i�ator.
�I
I
CITY OF CAMPBELL CALIfORNIA ;�
NOTICE OF DETERMINATION
TO: Secretary for Resurces FROM:
1416 Ninth Street, Room 1311
Planning Department
City of Campbell
Sacramento, CA 95814
75 North Central Avenue
Campbell. CA 95008
County Clerk's Office
Santa Clara County
191 North First Street
San Jose, CA 95113
SUBJECT: Filing of Notice of 1-termination in Compliance
with Section
21108 or 21152 of tie Public Resources Code.
PROJECT TITLE:
STATE CLEARINGHOUSE NUMBER (If Any)
CONTACT AERSON Tel.
No. (408) 378-8141, Ext.
CDn ICrT LOCATIO" _
PROJECT DESCRIPTION _
This is to advise that the CITY OF CAMPBELL has made the followinq determinations
regarding the above described project.
1. The project has been approved by the City of Campbell.
disapproved
2. The project _ will have a significant effect on the environment.
will not
3. An Environmental Impact Report was prepared for this protect
pursuant to the provisions of CEQA.
A Negative Declaration was preparel for this project pursuant
to the provisions of CEQA.
The EIR or Negative Declaration and record of project approval
may be examined at: The Planning Department, City of Campbell,
75 North Central Avenue, Campbell, CA 95008.
4. Mitigation measures _ were made a condition of the approval
_ were not
of this project.
5. A statement of Overriding Considerations _ was adopted for this project.
was not
DATE RECEIVED FOR FILING: SIGNATURE
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