UP 85-04CITY OF CAMPBELL 2097 S. BASCOM AVE. UP 85-04 1 of 2
w 2097 S BASCOM AVE OF 85-04
Maes, Alan
1
1
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CITY COUNCIL
i•iAY 7, 198S
Minute Action - This is a minute action approving refund 01 filing fees
approving refund of Allen Maes, 2097 S. Bascom Ave. - uP 85-04
filing fees - Allen
Maes, 2097 South
Easccm Ave. -
UP 85-04
I
"PLANNING COWISSION
APRIL 23,1985
Public: hearing to consider the applica-
UP 85-04
Kass, A tion �f Mr. Alan Magid for a use permit
to allow the establishment of a lounge
with on -sale beer and wine and a disco
on property known as 2097 S. Pascon, Ave.
in a C-2-S (General Commercial) Zoning
District.
Mr. Kee explained that the applicant is requesting that this application
be withdrawn, and that a partial refund be given. In that the request for
withdrawal was received prior to an in-depth Staff analysis, Staff can
support that one-half of the filing fee be refunded.
Chairman Fai-rbanks opened the public hearing and invited anyone in the
audience to speak for or against this item.
M/S: Kasolas, Perrine - That the public hearing on UP 85-04 be
closed. Motion carried unanimously
(6-0-0).
M/S: Christ, Toshach - That the Planning Commission adopt
Resolur.ion No. 2329 denying without
prejuli,te UP 85-04 to remove it from the
agenda at the applicant's request; And,
that the Planning Commission recowend
that the City Council refund one-half
($175) of the filing fee. Motion
carried with the following roll call
vote:
AYES: Commissioners: Kasolas, Perrine, Christ, Toshach, Dickson,
Fairbanks
NOES: Commissioners: None
ABSFNT: Commissioners: None.
1
RESOLUTION NC. 2329
PLANNING COMMISSION
After notification and public hearing as specified by law on the
application of Mr. Alan Mass for a use permit to allow the establishment
of a lounge with on -sale beer and w'ne and a disco on property known as
2097 S. Bascom Avenue in a C-2-S (General Commercial) Zoning District, as
per application filed in the Office of the Planning Director on March 28,
7.9E5, and after presentation by the Planning Director, proponents and
opponents, the hearing was closed (UP 85-04).
After due consideration of all evidence presented, the Cummission did find
as follows•
1. That the applicant wishes to withdraw %is application in that
the referenced property has already been leased.
2. That the applicant is requesting a refund of his $350 applica-
tion fee.
3. That a portion of this application fee has been expended in
noticing for public hearing as required by law.
Based on the above findings, the Plann.7_ng Commission does hereby deny
without prejudice the requested use permit, and further does recommend to
the City Council that the applicant be gi—n a partial refund in the
amount of $175.00.
PASSEL) AND ADOPTED this 23rd day of April 1985 by the following roll call
vote:
AYES: Commissioners: Kasolas, Perrine, Ch�tst, Toshach, Dickson,
Fairbanks
NOES: Commissioners: None
ABSENT: Commissioners: None
APPROVED: JoAnn Fairbanks
Chairman
ATTEST: Arthur A. Kee
Secretary
I=
. 4.
P. .
PLANNING CMIISSION RECOMMENDATION
That the City Council take-.inute action refunding $175.00 to the
applicant.
DISCUSSION
On March 29, 1985, the applicant (Mr. Alan Maes) submitted an
application for a use permit to allow the establishment of a
lounge with on -sale beer and wine and a disco on property known
as 2097 S. Bascom Avenue. Prior to Planning Commission public
hearing, Mr. Maes withdrew the application because the building
had alr.aly been leased. The application was withdrawn prior
to public hearing notices being sent out, and prior to an in-
denth Staff analysis.
At its meeting of April 23, 1985, the Planning Commission denied
the use permit application without prejudice and recommended
that the applicant be refunded $175.00 of the $350.00 filing fee
with a unanimous vote.
C ST: $175.00
Is+�nu�o v Planning Staff - May 7, 1985
)
RESOLUTION NO. 2329
PLANNING COMMISSION
After notification and public hearing as specified by law on the
application of Mr. Alan Maes for a use permit to allow the establishment
of a lounge with on -sale beer and wine and a disco on property known as
2097 S. Bascom Avenue in a C-2-S (General Commercial) Zoning District, as
per application filed in the Office of the Planning Director on March 28,
1185, and after presentation by the Planning Director, pr000nents and
opponents, the hearing was closed (UP 85-04).
After due consideration of 311 evidence presented, the Commission did find
as follows:
1. That the applicant wishes to withdraw t.is application in that
the referenced property has already been leaved.
2. That the applicant is requesting a refund of his $350 applica-
tion fee.
3. That a portion of this application fee has been expended in
noticing for public hearing as required by law.
Based on the above findings, the Planning Commission does hereby deny
without prejudice the requested use permit, and further does recommend to
the City Council that the applicant be given a partial refund in the
amount of $175.00.
PASSED AND ADOPTED this 23rd day of April 1985 by the following roll call
vote:
AYES: Commissioners: Kasoles, Perrine, Christ, Toshach, Dickson,
Fairbanks
NOES: Commissioners: None
ABSENT: Commissioners: None
APPROVED: JOAnn Fairbanks
Chairman
ATTEST: Arthur A. Kee
Secretary
IT1TI N0. 9
:STAFF CMINf SHEET PLANNITiG COMMISSION MEETING APRIL 23, 1985
UP 85-04 Public hearing to consider the application of Mr. Alan Maes
Maes, A. for a use permit to allow the establishment of a lounge
with on -sale beer and wine and a disco on property known
as 2097 S. 3ascom Ave. in a C-2-S (General Commercial)
Zoning District.
STAFF REODDMENDATION
1. That the Planning Cormiissian deny this application without prejudice;
and
2. That the Planning Commissim recommend that the City Council refund
$175.00 of the $350.00 application fie.
STAFF DISCUSSION
Attached is a letter from the applicant requesting that this application
be withdrawn. The applicant also requests a partial refund of his filing;
fee. Because the request for withdrawal was received prior to the time
public hearing notices were sent out, and prior to an in-depth Staff
analysis, Staff can support that one-half of the filing fee be refunded.
7) R ffcvvq�
APR 12 1585
Clry Op CAMP91ELL
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NOTICE OF DETERMINATION
TO: Secretary for Resources FROM: Planning Department
1416 Ninth Street, Room 1311 City of Campbell
Sacramento, CA 95814 75 North Central Avenue
Campbell, CA 95008
i
XX County Clerk's Office
Santa Clara County
191 North First Street
San Jose, CA 95113
SUBJECT: Filing of Notice of Determination in Compliance with Section
21108 or 21152 of the Public Resources Code.
PROJECT TiTLE: UP 85-04
STATE CLEARINGHOUSE NUMBER (If Any)
CONTACT PERSON Marty Woodworth Tel. No. (408) 378-8141, Ext.
PROJECT LOCATION 2097 S. Bascom Ave. i
PROJECT DESCRIPTION Use permit to allow a lowigp and disco
Tk,S is to advise that the CITY OF CAMPBELL has made the following determinations
regarding the above described project.
1. The project has been approvea by the City of Campbeli.
disapproved
2. The project .II have a significant effect on the environment.
will not
3. _ An Environmental Impact Report was prepared for this project
pursuant to the provisions of CEQA.
A Negative Declaration was prepared 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 Consiaerations _ was adopted for this project
DATE RECEIVED FOR FILING:
was not
SIGNATURE
TITLE
■
CNECK R E 0 U E S 7
To: FINANCE DIRECTOR
City of Campbell
Please Issue check payable to: M. ALAN MASS _ _ _ _ _ _ _ _ _ (20 spaces)
__—_
G dress: Street: 86 CYCLAMEN CT. _ _ _ _ _ _ _ _ _ _ _ (to spaces)
city: 5,A JQ-51 _ _ _ _ _ _ _ _ _ _ (15 space:s)
State: Q,�_ (2 spaces)
Zip: 931U _ _ (5 spaces)
Description: _UP
_R_ (20 spaced
Exact Amount Payable: $175.G0
Account Number: Rev. Acct. No. 3371.
Func�l No. A
Rec. a 29300
Purpose:
Minute Action of Citv Council on 5/7/E5 to refund 112 of
applicaTion tee Jor bascom Ave
Requested by: _ Title: Date:
Approved by. Title: Planning iljrec We: S/13/8S
A. K:e I
SPECIAL INSTRUCTIG.6 rOR HANDLING CHECK REQUEST:
Nail as is _ Mail to attached *nvtlope
i
Return tG• _ Plannin _ _ Linde _
epartaKnt Name
Other:
DATE MAILED
jXi 0 5 1985
.�Ars.,.,deua�a�►:..,<.,xr�n�a�. ,M�9R1■;.iii���
CITY OF CAMPBELL
70 NORTH FIRST STREET
CAM PBELL, CALIFORNIA 95008
(408)866.2100
Department: Planning April 25, 1985
Mr. M. Alan Maes
86 Cyclamen Ct.
San Jose, CA 95111
RE: Up 85-04
2097 S. Bascom Ave.
Dear W. Maes:
Please be advised that the Planning Commission, at its meting of
April 23, 1985, adopted Resolution No. 2329 denying without prejudice
the above referenced application in order to remove it from the agenda,
at your request. Additionally, the Planning Commission recommended to
the City Council that one-half of the application fee be refunded. This
request will be on the Council agenda on May 7, 1985.
If you have any questions, please contact the Planning Department
at 866-2140.
Sincerely,
ARTHUR A. KEE
PLANNINr. DI2EC1'OR
MARTY C. W00UWL)RTH
PLANNER II
ld
STAFF PROCESS LIST FILE NO. UP 85-04
HE
AGENDA DATE: A L 3 t985
DATE FILED: 3,129/85
FEE: PAID: 1/29/8S
1
SITE ADDRESS: 2097 S. Bascom Ave. _ APN NO: 413-44-82
PROPOSED USE: Disco 6 on -sale beer wine ZONING: C-2-S __
GENERAL PLAN: Commercial
APPLICANT: Mr. M. Alan Maes
ADDRESS: 86 Cyclamen Ct.
San Jose. CA 95111 PHONE NO: (408) 281-7389
DATE PUBLISHED IN CAMPBELL PRESS: Apr. 10, 1985
DATE PROPERTY WAS POS-ED (IF APPLICABLE):
DATE LETTER SENT TO APPLICANT: _
DATE OF FIRST (PUBLIC) HEARING: 4/23/85
CONTINUED TO: /
APPROVED DATE: RESOLUTION NO:
DENIED DATE: RESOLUTION NO:
DATE OF PUBLIC HEARING BY CITY COUNCIL:
FINAL ACTION: APPROVED __ DENIED
Copies to:
Im
CITY OF CAMPBELL
70 NORTH FIRST STREET
CAMP BELL, CALIFORNIA 95008
(408) 866.2100
Department: planning April 19, 1985
Mr. Alan Maes
86 Cyclamen Ct.
San Jose, CA 95111
RE: Up 85-04 - 2097 S. Bascom Ave.
Withdrawal of Application
Please be advised that the Planning Commission of the City of Campbell
has set the hour of 7:30 p.m., or shortly thereafter, in the City Hall
Council Chambers, 70 N. First St., Campbell, California, as the time
to consider the above -referenced application.
A copy of the Staff Comment Sheet and an agenda for the meeting are
enclosed for your information.
If you have any questions regarding this matter, please_ do not
hesitate to contact the Plannin
Sincerely,r� �/
ARTTUR A. KEE
PLANNING DIRECCOR
id
Bnc.
PROOF OF PUBLICATION
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SAN JOSE, CALIFORNUA 95190
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LyfY OF eAtewtELL
RIBa�ON
SECRETARY
-.
PLANNING COMMISSION
SITE I ARCHITECTURAL REVIEW COMMITTEE
DEPARTMENT COMMENT SHEET
SACHITEC7
DATE: , April 1,1985
WILDING
FIRE AGENDA: L Apri.l 23, 1985
POLICE PLEASE RETURN BT: April 9, 1985
PUBLIC WORKS
APPLICANT: M Alan Maes
ADDRESS: 86 Cyclamen Ct.
San Jose, CA 95111 TELEPHONE: , 281-7389
►ROPOSAL: Public hearing to consider the applicat;on of Mr. M. Alan K-.es for a
use permit to allow the establishment of a lounge with on -sale beer and
wine and a disco on property known as 2097 S. Bascom Ave. in a
UP 05-04 C-2-S (General Commercial) zoning district. APIM: 413-44-82
DEPARTMENTAL RECOMMENDATIONS:
r_ .1 00'1
Appendix A-1
ConstructionlRenovation Timetable:
We plan to begin renovation approximately forty-eig
after receiving approval of the use permit. Approval
the dance section without approval of the Wine and Be
section would still enable us to begin renovation.
We expect to complete renovation within thirty days
and in any event no later than June lrst.
Assuming approval on or about Apr1123rd, we will begin
renovation April 25th and complete renovation May 20th.
Appendix A-2
Description of Requestlproposal:
We plan to operate a medium sized lounge (5000 square feet)
from 9 pm till 2 am about four or five days a week. We
will offer warm entrees and a fully stocked wine and beer
bar ( pending City of Campbell approval). We will offer
recorded music with a disc jockey and would like to offer
live acts at some time in the future. We expect patronage
of over 100 per night and would eventually like to expand
operat:_ons into a daytime delilrestaurant service as well.
We plan to employee 17 full or part-time employees.
Improvements and renovations consist primarily of the construct-
ion of various walls and dividers, a dance floor, and a
sound system. No changes will be made to building exterior
nor will changes be made that effect the building's
structure or ability to withstand stress.
The enclosed blueprint shows use t,, square footage as
requested by the planning department. If you have any
questions relative to our planned development, please
call me at home; (408) 281-7389. Thank you for your
attention to this matter.
Sincerely,
V11. VA�,X - -
M. Alan Maes
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CITY OF CAMPBELL
MEMORANDUM
Dace: April 9, 1985
To: Art`
Pl, .rector
From: Donald R. Burr
Chief of Police
Subject: USE PERMIT - EATERY -DISCO LOUNGE
We ,iuve spoken to Alan Maes and have made a physical check of the
location. The following are objections to this Use Permit:
Proposed site is to the rear of a small, compact shopping
center containing three other businesses. There is a
single, narruw driveway leadi�i9 from Bascom Avenue to the
rear of the complex, where the proposed disco -eatery would
be. There is a limited amount of parking available for
the entire complex; 30 spaces. This is not adequate for
an eatery -disco business.
As proposed, they would have a type 4' license. This is.
for food, wine, and beer. It also allows minors on premise.
They can eat, consume non-alcoholic bf:rerages and dance.
This could present enforcement difficulites with adults
drinking and minors in attendance.
We contacted the complex owner, Mr. Biagio. He was very agreeable,
and said whatever the Planning Commission decided would be fine.
W2 also contacted some of the other businesses in the complex
They were not overly supportive of an eatery -disco.
If the proposal was for an eatery with beer and wine, the location
would be acceptable. However, with the addition of a disco and
live entertainment, the potential for problems becomes evident.
R. urr, ee o n ice
DRB: sca
APR 10 1985 L
CITY OF CAMPBELL
PLANNOM LWARTM[NT
• t,
PLANNING COMMISSION
SITE 9 ARCHITECTURAL REVIEW COMMITTEE
DEPARTMENT COMMENT SHEET
ARCHITECT
WILDING DATE: April 1,1985
FIRE AGENDA: t Apri.l 23, 1985
4— POLICE PLEASE RETURN By.- April 9, 1985
PUBLIC WORKS
APPLICANT: M Alan Maes
ADDRESS: 86 Cyclamen Ct.
San Jose, CA 95111 TELEPHONE: 281-7389
PROPOSAL: Public hearing to consider the application of Mr. M. Alan Maes for a
use per„it to allow the establishment of a lounge with on -sale beer and
wine and a disco on property known as 2097 S. Bascom Ave. it
UP 305-04 C-2-S (General Commercial) zoning district. AP14: 413-44
DEPARTMENTAL RECOMMENDATIONS:
CODE REQUIREMENTS: - f
•
Appendix A-i
ConstructionlRenovation Timetable:
We plan to begin renovation approximately forty-eight hours
after receiving approval of the use permit. Approval of
the dance section without approval of the Wine and Beer
section would still enable us to begin renovation.
We expect to complete renovation within thirty days
and in any event no later than June lrst.
Assuming approval on or about Apri123rd, we will begin
renovation April 25th and complete renovation May 20th.
Appendix A-2
Description of RequestlProposal:
We plan to operate a medium sized lounge (5000 square feet)
from 9 pm till 2 am about four or five days a week. We
.,ill offer warm entrees and a lully stocked nine and beer
bar ( pending City of Campbell approval). We will offer
recorded music with a disc jockey and would like to offer
live acts at some time in the future. We expect patronage
of over 100 per night and would eventuLlly like to expand
operations into a daytime delilrestaurant service as well.
We plan to employee 17 full or part-time employees.
Improvements and renovations consist primarily of the construct-
ion of various walls and dividers, a dance floor, and a
sound system. No changes will be made to building exterior
nor will changes be made that effect the building's
structure or ability to withstand stress.
The enclosed blueprint shows use by square footage as
requested by the planning department. If you have any
questions relative co our planned development, please
call me at home; (4081 281-7 89. Thank you for your
attention to this matter.
Sincerely,
M. Alan Maes
c
40
I
PLANNING COMMISSION J
SITE & ARCHITECTURAL REVIEW COMMITTEE
DEPARTMENT COMMENT $MEET
CAMFE`-LL FIRE DEPARTMENT
&J CMITECT
WILDING DATE: April 1,1985
PUE AGENDA: s_ Apri.l 23, 1985
POLICE PLEASE RETURN DY: April 9, 1985
PUNLIC WORKS
APPLICANT: M Alan Maes
ADDRESS: L 86 Cyclamen Ct. -
San Jose, CA 95111 TELEPHONE: . 281-7389
PROPOSAL: Public hearing to consider the application of Mr. M. Alan Maes for a
use permit to allow the establishment of a lounge with on -sale beer and
wine and a disco on property known as 2097 S. Bascom Ave. in a
UP 35-04 C-2-S (General Commercial) zoning district. APti: 413-44-82
DEPARTMENTAL RECOMMENDATIONS: '��'^ "�` 'O' 5 ra,-SG*- T
CODE REQUIREMENTS:,�� o rha, -c u PANT [o,� p
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Appendix A-i
ConstructionlRenovation Timetable:
We plan to begin renovation approximately forty-eight hours
after receiving approval of the use permit. Approval of
the dance section without approval of the Wine and Beer
section would still enable us to begin renovation.
We expect to complete renovation within thirty days
and in any event no later than June lrst.
Assuming approval on or about Apr1123rd, we will begin
renovation April 25th and complete renovation May 20th.
Appendix A-2
Description of RequestlProposal:
We plan to operate a medium sized lounge (5000 square feet)
from 9 pm ti11 2 am about four or five days a week. We
will offer warm entrees and a fully stocked wine and beer
bar ( pending City of Campbell approval). We will offer
recorded music with a disc jockey and would like to offer
live acts at some time in the future. We expect patronage
of over 100 per night and would eventually like to expand
operations into a daytime delilrestaurant service as well.
We plan to employee 17 full or part-time employees.
Improvements and renovations consist primarily of the construct-
ion of various walls and dividers, a dance floor, and a
sound system. No changes will be made to building exterior
nor will changes be made that effect the building's
structure or ability to withstand stress.
The enclosed blueprint shows use by square footage as
requested by the planning department. If you have any
questions relative to our planned development, please
call me at home; (408) 281-7389. Thank you for your
attention to this matter.
Sincerely,
0. c!, "Oil'1
M. Alan Maes
•
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FILE NO.: UP 85-04
ADDRESS: Z097 S. Bascom Ave. e"I
APPLICANT: Maes
APN: 413-44-82
P.C. Mtg.: 4-23-85
JOY SARTOR
6011 BLACKBIRD COURT
SAN JOSE, CA 95120
APN: 288-08-018
I !DNA P FRAZIER
FRAZIER, ROGER & JACQUELINE
j 2100 S. BASCOM AVENUE
CAMPBELL, CA 95008
y APN: 288-08-019
MORTKOWITZ, MICHAEL & MARIE
109 VISTA DEL PRADO
-OS GATOS, CA 95030
APN: 288-08-020
CRIES, PAUL & KOULA
1759 CURTNER AVENUE
SAN JOSE, CA 95124
APN: 288-08-053
MARTIN, MAURICE L. TRUSTEE
20540 LEONARD ROAD
SARATOGA. CA 95070
APN: 288-08-054
3ARIN, MAURICE L TRUSTEE
20540 LEONARD ROAD
SARATOGA, CA 95070
APN: 288-08-055
JENNY'S INC.
IRENE SLUSHER
i 14256 E. FIRESTONE BLVD 01139
-A 111w,DA, CA 90637
APN: 288-08-073
COSTA, MANUEL & ADELINE
I 19 BARBANO AVENUE
IAMPBELL, CA 95008
\PN: 413-44-028
1
HINTZEN, HANS A.
920 MICHAEL DRIVE
CAMPBELL, CA 95008
APN: 413-44-029
INDUVINA, PHILIP TRUSTEE
1096 SAN TOMAS AQUINO ROAD
-AMPBELL, CA 95006
ipn: 413-44-030
FERRARI, JOHN F. AND ANNA
1486 ST. FRANCIS DRIVE
SAN JOSE, CA 95125
APN: 413-44-032
CASEY, ANTOINETTE L.
972 MICHAEL DRIVE
CAMPBELL, CA 95008
APN: 413-44-033
VESTNYS, GORDON & MARY
114 LAVONNE DRIVE
CAMPBELL, CA 95008
APN: 413-44-066
FIGUEROA, JOHN & PATRICIA
3404 RIDGEMONT AVENUE
MOUNTAIN VIEW, CA 94040
APN: 413-44-067
CHAN, STEVE & VICTORIA
P.O. BOX 32814
SAN JOSE, CA 95152
APN: 413-44-070
BAKER, JAMES G & BETTYE C.
2105 S. BASCOM AVENUE
CAMPBELL., CA 95008
APN: 413-44-072,73, 83
PASSAP.O, BIAGIO & GELSOMINA
4431 CHERRY AVENUE
SAN JOSE, CA 95118
APN: 41'-44-082
CARAVELLA, JOHN R.
2347 GUNDERSEN DRIVE
SAN JOSE, CA 95125
APN: 413-44-093
K94MI 41 AND ADARSH
3275 VALLEY SQUARE IN
SAN JOSS CA 95117
APN: 413-44-098
ANELLO, SALVATORE & VIDA
1901 ARROYO SECO DRIVE
SAN JOSE. CA 95125
APN: 413-44-108
BARBANO, RAYMOND J. TRUSTEE
SHELL OIL CO WESTERN TAX REGION
P.O. BOX 4848
ANAHEIM, CA 92803
APN: 413-44-112
BARBANO, RAYMOND J. TRUSTEE
915 MICHAEL DRIVE
CAMPBELL, CA 95008
APN: 413-44-128, 129,131
BARBANO, RAYMOND J. TRUSTEE
THE EVB COMPANY/TAX DEPARTMENT
1221 BROADWAY
OAKLAND, CA 94612
APN: 413-44-130
PUBLIC r1EARING MAILING LABELS
Please type mailing labels for the attached list of parcel numbers. I
2097 S. 6-co, A —
FORMAT
Top 3/4": File P 11S-O�l Applicant: A,e-5
P.C. Mtg.: L4
A.P.t:.: 1-4/'1 ^'Y 1-
LABELS SHOULD INCLUDE
Name (First names `irst)
Address
City, State, S Zip Code
A.P.N.
NEEDED BY:
DISTPIBUTION
1. Original Labels - Mail
2. Copied labels - one copy for CC for mailing*
(Hold In file until P.C. takes action)
3. Copy of labels - In file
4. Copy of labels - Recording Secretary
5. Copy of labels - City Clerk*
(Mold In file until P.C. takes action)
*Omit for Use Permits and Variances
I
CITY OF CAMPBELL
70 N O R T H F I R S T STREET
CAM P B E LL. C A L I F 0 R N IA 95008
(408) 866-2100
Department: Planning
N0:'ICE OF HFIIRINc
Notice is hereby given that the Planning Commission of the City
of Campbell has set the time of 7:30 p.m., or shortly thereafter, on
Tuesday, April 23, 1985 in the City Hall Council Chambers, 70 N. First
St., Campbell, California for public hearing to consider the applica-
tion of 41r. Alan Floes for a Ilse Permit to allow the establishment of
a lounge with on -sale beer and wine and a disco on property Imown as
2097 S. Bascom Avenue in a C-2-S (Commercial) Zoning District. (UP 85-04)
APN 413-44-082
Map and legal description are on file in the Planning Department,
70 N. First St., Campbell, California.
Interested persons may appear and be heard at said hearing.
CITY OF CAMPBELL
PLANNINC CaTIISSION
ARTHUR A. KEEL
SECRETARY
I
NOTICE
NOTICE IS HEREBY GIVEN TEAT A NEGATIVE DECLARATION HAS BEEN PREPARED
FOR the applicationoot_ Maes for a use permit to allow the
establishment of a lounge with on -sale beer and wine and a
disco on property known as 2097 S. Bascom Ave. (UP 85-04
THIS PROJECT WILL BE CONSIDERED FOR APPROVAL BY THE CITY OF CAMPDELL
ON Apri 1 23 19^.5
INTERESTED PERSONS MAY REVIEW A COPY OF SAID NEGATIVE DECLARATION
ON FILE IN THE OFFICE OF THE Planning DEPARTMENT, CAMPBELL
CITY HALL, 75 NORTH CENTRAL AVENUE, CAMPBELL, CALIFORNIA.
PUBLISH ONE TIME:
J
CITY OF
CAMPBELL
70 NORTH
FIRST STREET
CAMPBELL. CALIFORNIA 95008
1408) 886-2100
Department: Planning April 3, 1985
NOTICE OF HRARINGS
Notice is hereby given that the Planninq Commission of the City of
Campbell has set the hour of 7:30 p.m., or shortly thereafter, on Tuesday,
April 23, 1g85 in the City Hall Council Chambers, 70 N,. First St.,
Campbell, California for public hearing on the following proposed
projects:
1. ZC 85-02 - 570 W. Sunnyoaks Ave. - Mr. Jere LaGuisa - Planned
Development- Permit, plans, elevations, 6 development schedule - 7
townhomes - R-M-S (Multiple Family Residential/Low-Medium Density
Residential) Zoning District. APN 406-8-7.
2. 7,C 85-03 - 1200 W. Latimer Ave. - Mr. Bruce Bowen, Ainsley Corp. -
Zone change from R-1 (Sinq L• Family Residential) to PD (Planned
Development), Planned Development Permit, plans, elevations, and
development schedule - 6 sinqle family homes. APN 307-49-5.
3. PD 85-04 - 45 N. First St. - Mr. Richard Millen - Planned
Development Permit, plans, elevations, and development schedule -
office buildinq - PD (Planned Development/Commercial) Zoning
District. APN 27q-41-37.
4. PD P,5-03 - 140 Gilman Ave, - Mr. Ron Harris - Planned Development
Permit, plans, elevations, and development schedule -
office/warehouse s manufacturing building - PD (Planned
Development/Industrial) 7.oninq District. APN 413-09-04.
5. UP 85-C4 - 2017 S. Bascom Ave. - Mr. Alan Maes - Use Permit to
allow establishment of on -sale beer 6 wine and disco - C-2-S
(Commercial) Zoning District. APN 413-44-OB2.
6. UP 7q-18(Modification) - 3035 S. ninc�,ester Blvd. - Mr. Richard
Green, Union Oil Co. - Modification to approved plans to allow
conversion of existing qasoline station to self-service - C-2-S
(Commercial) Zoninq District. APN 406-10-006.
7. MM 85-09 - 106 S. Third St./157 E. Rincon Ave. - Mr. E. B.
Condit, Free Will Bapt'st Church - Modification to previously
approved plans to allow garage and office building - PD (Planned
Development/Medium Density Residential) Zoning District. APN
413-6-78, 79.
J
1
ig
►LANNING COMMISSION
SITE a ARCHITECTURAL REVIEW COMMITTEE
DEPARTMENT COMMENT SHEET
ARCHITECT
WILDING DATE: . April 1,1985
►lu AGENDA: , Apri.l 23, 1985
►OLICE ►LEASE RETURN NY: s April 9, 1985
►UBLIC YOLKS
APPLICMT: M Alan Maes
ADDRESS: t 86 Cyclamen Ct.
San Jose, CA 95111 TELEPHONE: 281-7389
►ROPOSAL: Public hearing to consider the application of Mr. M. Alan Maes for a
use permit to allow the establishment of a lounge with on -sale beer and
wine and a disco on property known as 2097 S. Bascom Ave. in a
UP 05-04 C-2-S (General Commercial) zoning district. APN: 413-44-82
DEPARTMENTAL RECOMMENDATIONS:
CODE REQUIREMENTS
,..,.�a�..,,nrwatiwerirler�■
�l 17)
NOTICE
NOTICE IS HEREBY GIVEN THAT A NEGATIVE DECLARATION HAS BEEN PREPARED
FOR the application of Mi. Maes for a use permit to allow the
establishment r,f a lounge with on -sale beer and wine and a
disco on property known as 2097 S. Bascom Ave. (UP 85-04)
THIS PROJECT WILL BE CONSIDERED FOR APPROVAL BY TH: CITY OF CAMPBELL
ON April 23lo; 5
INTERESTED PERSONS MAY REVIEW A COPY OF SAID NEGATIVE DECLARATION
ON FILE IN THE OFFICE OF THE Planning DZPARTMENT, CAMPBELL
CITY HALL, 75 NORTH CENTRAL AVENUE, CAMPBELL, CALIFORNIA.
PUBLISH ONE TIME:
9'
CITY OF CAMPBELL
70 NORTH FIRST STREET
CAM PBELL, CALIFORNIA 95008
(408) 866-2100
Department. Planning
EIR - 3
File q UP 85-04
DECLARATION THAT AN ENVIRONMENTAL
IMPACT REPORT IS NOT REQUIRED
(NEGATIVE DECLARATION)
APPLICANT H. Alan Maes
ADDRESS 86 Cyclamen Ct.
San Jose, CA 95111
PROJECT NAME Use permit for lounge and disco
ADDRESS 2097 S. Bascom Ave.
Campbell, California
Pursuant to the applicable sections of the California Environmental Quality
Act of 1970 and City of Campbell Resolution No. 5164; and
After review of plans and information supplied by the applicant pertaining
to the captioned project, and after completing the attached initial study,
the undersigned does hereby determine that the captioned project will have
no sigificant effect (no substantial adverse impact) on the environment
within the terms and meaning of said Act and Resolution.
Executed at Campbell, California, this
day of • 19 P_ '
Director or Official
By:
W
1
CITY OF CAMPBELL
70 NORTH FIRST STREET
CAMP ELL. CAL FORNIA 95008
(408) 888.2100
April 18, 1985
Department: Planning
Id. Alan Maes
86 Cyclamen Ct.
San Jose, CA 95111
RE: OUR FILE N0. UP 85-04
APPLICATION FOR 2097 S. Bascom Ave.
Dear Mr. Maes:
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).
An application will not be posted on the Planning Commission
agenda until it has been accepted as complete.
If you have any gjestions regarding this letter, please feel free to
contact the Campbell Planning Department.
Very truly yours,
ARTHUR A. XEE
PLANNING DIRECTOR
PJS:1p
■
i
ENVIRcw&ENTAL IMPACT ASSESSMENT
CNVINON/SiIITAL CNCCKLIfT 70 fC YftO fT TNC CITT of CANP.K" IN MAKING INITIAL
STUDY
1 . M0�1►C
1, LL
NAME OF PROPONENT: v, c c- O
ADDRES_ OF PROPONENT: 6 C��14-1- - - ' C
TELEPHONE:
LUTE OF CHECKLIST SUBMITTED:
AGENCY REQUIRING CHECKLI" ')C- �''•�`�� //
NAME OF PROPOSAL (IF APPLICABLE):
}% cc ,J nor—c-./r _t'(-
L J
11. CNvIPKX*M WrAL IWACT=
ANSa Ki ACC aCOU1KSD ON wTTACNCD wall
(aIaLANATIowf OF ALL ME AND 06X=
TCS NATf[
NO
1. EARTH. Will the proposal result in:
A. Unstable earth conditions or in changes in O o
geologic substructures? -
b. Disruptions, displacements, compaction or
o 0
overcovering of the soil?
c. Change in topography — ground surface relief O o
features?
d. The destruction, covering or modification of O
any unique geologic or physical features?
e. Any increase in wind or water erosion Of
O
soils, either on or off the site? O
f. Changes in deposition or erosion of beach
sands, or charges in siltation, deposition
or erosion which may modify the channel of
a river or stream or the bed of the ocean O O
or any bay, inlet or lake?
(9�
q. Exposure of people or property to geologic
hazards such as earthquakes, landslides,
�
mudslides, ground failure, or similar o O
`
hazards?
1 of 6 pages
1
tca
rwv�c
rw
2. AIR. Will proposal result in:
i
a. Substantial air emissions or deterioration of ❑
❑
ambient air quality?
°
°
b. The creation of oT.j ectionaDle odors?
c. Alteration of air movement, moisture or tem._�era-
ture, or any change in climate, either locally ❑
❑
/
or regionally?
3. WATER. Will the proposal result in:
A. Changes in currents, or the course or direction
of water movements, in either marine or fresh
❑
( '
waters?
b. Changes in absorption rates, drainage patterns,
°
or the rate and amount of surface water runoff? ❑
i
c. Alterations to the course or flow of flood ❑
❑
waters?
d. Change in the amount of surfac? water in any ❑
❑
water body?
e. Discharge into surface waters, or in any altera-
tion of surface water quality, including but not
limited to temperature, dissolved oxygen or ❑
❑
turbidity?
f. Alteration to the direction or rate of flow ❑
❑
i
of ground waters?
i
g. Change in the quantity of ground waters, either
through direct additions or withdrawals, or
through interception of an aquifer by cuts or ❑
❑
excavations?
h. Substantial reduction in the amount of water
❑
❑
otherwise available for public water supplies?
I. Exposure of people or property to water related ❑
❑
hazards such as flooding or tidal waves?
4. PLANT LIFE. Will the proposal result in:
a. Change in the diversity of species or number
of any species of plants (including trees,
shrubs, grass, crops, microflora and aquatic ❑
°
plants)?
b. Reduction of the numbers of any unique, rare ❑
°
or endangered species of plants?
C. Introduction of new species of plants into an
barrier to the normal replenishment
area, or in a °
❑
of existing species?
o
❑
d. Reduction in acreage of any agricultural crop?
2 of 6 pages
l�
vas ! Vv PM
I
5. ANIMAL LIFE. Will the proposal result in:
a. Change in the diversity Of species, or numbers
of any species of animals (birds, land animals
including reptiles, fish and shellfish, benthic n o
organisms, insects or microfauna)?
b. Reduction of the numbers of any unique, rare
0 0
or endangered species of animals?
r,. Introduction of new species of animals into an
area, or result in a barrier to the migration o
or movement of animals? I
i
d. 7eterioration to existing fish or wildlife o o y
r
habitat?
i
6. NOISE. Will the propos::1 result in:
o `mac n
a. Increases in existing noise levels?
b. Exposure of people to severe noise levels? o n
7. LIGHT_ AND GLARE• Will the proposal produce new o 0
light or glare?
8. LAND USE. Will the proposal result in a substantial
alteration of the present or planned land use of an 0 O
I
area?
9. NAIL RESCURCES• Will the proposal result in:
a. Increase in the rate of use of any natural O O
resources?
b. Substantial depletion of any nonrenewable O G
natural resource?
10. RISK OF UPSET. Does the proposal involve a risk
the release of hazardous sub-
of an explosion or
stances (including, but not limited to, oil,
pesticides, chemicals or radiation) in the event o O
of an accident or upset conditions?
11. POPULATION. Will the proposal alter the location,
density, or growth rate of the human
distribution, G G
population of an area?
17. HOUSING. Will the proposal affect existing housing, G o
I
�
or create a demand for additional housing?
i
�I
3 of 6 pages
arcs wr�c
ne
13. TRANSPORTATION/CIRCULATION. Will the proposal
i
result in:
a. Generation of substantial additional vehicular
❑ ❑
movement.
b. Effects on existing parking facilities, or
❑ ❑
demand for new parking?
c. Substantial impact upon existing transportation
❑ ❑
systems?
d. Alterations to present patterns of circulation
❑ ❑
or movement of people and/or goods?
e. Alterations to waterborne, rail or air traffic?
❑ ❑
II
f. Increase in traffic hazards to motor vehicles,
❑ ❑
` I
bicyclists or pedestrians?
14. PUBLIC SERVICES. Will the proposal have an effect
upon, or result in a need for new o: altered
governmental services in any of the following areas:
❑ ❑
T
a. Fire protection?
o ❑
b. Police protection?
❑ ❑
c. Schools?
❑ ❑
d. Parks or other recreational facilities?
e. Maintenance of public facilities, including
❑ ❑
`
roads?
//��pQ;••
f. other governmental services?
o ❑
15. ENERGY. will the proposal result in:
a. Use of substantial amounts " fuel or energy?
❑ ❑
b. Substantial increase in demand upon existing
sources of energy, or require the development
❑ ❑
` _
of new sources of energy?
16. UTILITIES. will the proposal result in a need
for new systems, or substantial alterations to
❑ ❑
the following utilities:
a. Power or natural gas?
❑ ❑
b. Communications systems?
❑ ❑
❑ o
c. water?
❑ ❑
`fL
d. Sewer or septic tanks?
o ❑
e. Stor,n water drainage?
❑ ❑
f. Solid waste and disposal?
4 of
6 pages
1
1
F F
IL
e.
17. HUMnN HEALTH. Will the proposal result in:
5
a. Creation of �^y health hazard or potential 0 0
health hazard (excluding mental health)? ,y
b. Exposure of people to potential health hazards? o O
18. AESTHETICS. will the proposal result in the
obstruction of any scenic vista or view open to the
public, or will the proposal result in the creation
of an aesthetically offensive site open to public 0 0
view?
19. RECNEATION. Will the proposal result in an impact
upon the quality or quantity of existing recreational 0 ❑
opportunities? /D+
20. ARCHEOLOGICAL/HISTORICAL. will the proposal result
in an alteration of a significant archeological or
historical site, structure, object or building? O 0
21. MANDATORY FINDINGS OF SIGNIFICANCE.
I
a. Does the project have the potential to degrade
the quality of the environment, substantially
reduce the habitat of a fish or wildlife species,
cause a fish or wildlife population to drop below
self sustaining levels, threaten to eliminate a
plant or animal community, reduce the number or
restrict the range of a rare or endangered plant
or animal or eliminate important examples of the 0 `
major periods o0f California history or prehistory?
b. Does the project have the potential to achieve
short -tern„ to the disadvantage of long-term,
environmental goals? (A short-term impact on
the environment is one which occurs in a rela-
tively brief, definitive period of time while
long-term impacts will endure well into the o o
future.)
c. Does the project have impacts which are indiv-
idually limited, but cumulatively considerable?
(A project may impact on two or more separate
resources where the impact on each resource
is relatively small, but where the effact of
the total of those impacts on the environment
is significant.) 0 0 P
d. Does the project have environmental effects
which will cause mybstantial adverse effects
on human beings, either directly or indirectly? 0
5 of 6 pages
J
I
I. DISCUSSICN OF WV1110►MD"AL [VALUATIOI
r
L J
IV. Vm7W A11/AT1O1/
Ap1<w weVttlllMf Tlet f11V 111tIN1aCNTAL INiO11MAT10N fYfNITl=O fT TIR
9V asAC tTT a CA/Ip a IN ITj 1A1NCINI AN f]iVV1OwONNMTALCAftffftlplTfe
�' I find the proposed project COULD NOT have a significant
effect on the environment, and a NEGATIVE DECLARATION
will be prepared.
o I find that although the proposed project could have a
significant effect on the environment, there will not
be a significant effect in this case becasse the miti-
gation measures described on an attached sheet have
been added to the project. A NEGATIVE DECLARATION
WILL BE PREPARED.
o I find the proposed project MAY have a significant effect
on the environment, and an ENVIRONMENTAL IMPACT REPORT
is required.
w11Te
ftGMATIMf/ / �L-'�
6 of 6 pages
L.�
11
. n •
PLANNING COMMISSION
APPLICATION
PLEASE NOTE: STAFF IS REQUIRED BY STATE LAW TO NOTIFY APPLICANTS OF 11IE
MMrEMjNM'9'0F THEIR APPLICATIONSS. ONLY THOSE APPLICATIONS WHICH ARE
FOUND TO BE COMPLETE CAN BE POSTED ON A PLANNING ODM IISSION AGENDA-
nATE: MAK 3114 , M5
PROPERTY LOCATION: _
FILE NO: u4 XS- `_'
APN: �/ i - Q V - Z
ZONING: C- 1
--------------------------------------
ADDITrATTnN
Architectural Approval
_ Planned Development Permit
General Plan Amendment
Other:
APPLICANT:
Use Permit
_ Zone Change
Variance
q f goo
Name: M. ALM LAMES Telephone:6b%) 1 •?3R9
Address: Wp��Tltilan G+
City/State: z•. T CA Zip:
-------------------------------------
PROPFRTY OWNER:
Nal.,e: VASSAft AGG16 �aTelephone:
Address: a/�41 CNFRN_�✓L
`L J'
City/State: ��. ose Zip:
--------------------------------_----
I/We the Mdersigned person(s) having an interest in the above described
property hereby make the above application(s) L. accordance with the pro-
visions of the Campbell Mmicipal Gode, and I/We hereby certify that the
information given herein is true and correct to the best of my/our know-
ledge and belief.
fikalhu
ucant ig-nature -.ate .�
P/
REC.h-- - !{� D/O�-pa
AMT. �'"'t��
Appendix A-1
ConstructionlRenovation Timetable:
We plan to begin renovation approximately forty-eight hours
after receiving approval of the use permit. Approval of
the dance section without approval of the Wine and Beer
section would still enable us to begin renovation.
We expect to complete renovation within thirty days
and in any event no later than June lrst.
Assuming approval on or about Apri123rd, we will begin
renovation April 25th and complete renovation May 20th.
Appendix A-2
Description of Requestlproposal:
We plan to operate a medium sized lounge (5000 square feet)
from 9 pm till 2 am about four or five days a week. We
will offer warm entrees and a fully stocked wine and beer
bar ( pending City of Campbell approval). We will offer
recorded music with a disc jockey and would like to offer
live acts at some time in the future. We expect patronage
of over 100 per night and would eventually like to expand
operations into a daytime delilrestaurant service as well.
We plan to employee li full or part-time employees.
Improvements and renovations consist primarily of the construct-
ion of various walls and dividers, a dance floor, and a
sound system. No changes will be made to building exteri
eor
nor will changes be made that effect the building's
structure or ability to withstand stress.
The enclosed blueprint shows use by square footage as
requested by the planning department. If you have any
questions relative to our planned development, please
call me at home; (408) 281-7389. Thank you for your
attention to this matter.
Sincerely,
YL7.01)�/
M. Alan Maes
Wk
I, Passaro Biaggio, owner and operator of the bulioing
Site in question hereby assure the Planning Commission
of the City of Campbell and the developers whose proposal
you now are considering that I shall maintain a minimum
of forty-five parking units for their exclusive use
during the hours of operation they have described to me
and to the Planning Commission in the Use Permit Application
which this letter is attached to.
i
Sincerely,
Passaro Biaggio
Ownerl0perator Passaro Center
F EIR-1
OWY OFCAMPBELL, CALIFORNI
INITIAL �
ENVIRONMENTAL INFORMATION FORM - TO BE COMPLETED BY APPLICANT
Date Filed:
GENERAL INFORMATION:
1. Name and address of developer or project sponsor:
_ �'� RlA+�1 N�pES �b l�cldnia�l k,kl� dose CA 'trill
2. Address of project: G� Z B�3c6 v1
Assessor's Block and Lot Number - Z
3. Name, address, and telephone number of person to be contacted
concerning this project:
M. AUAti 'tints $4 (�r.(a�, Son JoJ� Ys,il #Lgl- J� K5
4. Indicate number of the ppermit application for the project to which
this form pertains: u�E Qte^�K U. a I �, Vie B-� —
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: tuiUt+ L- 6EYU (,
QANct kmrr �A� P it s�sr�tss ��r_stJS�
6. Existing zoning district:
7. Proposed use of site (Project for which this form is filed):
LO..a0 � LA
PROJECT DESCRIPTION (ATTACHED ADDITIONAL SHEETS IF NECESSARY)
8. Site size.
9. Square footage. S(.-C b
10. Number of floors of construction.
11. Amount of off-street parking provided. 5 u ulT3
12. Attach plans. I 'Daf4cI i1�lt
13. Proposed scheduling. �noorlion '-'f-K4_5
A �Elclt+s�5 <A `^•n �1f J•►'1G 117'.
14. Associated projects`JIA
15. Anticipated incremental development.
kA A
1 of 3 pages
IL i
10
n
16. If residential, include the number of units, schedule of unit
sizes, range of sale prices or rents, and type of household
size expected. JIA
17. If commercial, indicate the type, whether neighborhood, city
or regionally oriented, square footage of sales area, and
loading facilities. C-1 tel4-AA1 dr�a^A-xA,rb Stilts Art2drne lobatnq
FW 1%4"dg
18. If industrial, indicate type, estimated employment per shift,
and loading facilities. 1 A
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.
In
20. If the project involves a variance, conditional use or rezoning
application, state his and indicate clearly why the application
is required. .�Jkc�_ tE.tr�i
?roja.' 'Vt pis
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.
22. Change in scenic views or vistas from existing
residential areas or public lands or. roads.
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.
'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.
_Z__30. Substantial change in demand for municipal services
(police, fire, water, sewage, etc.)
/ 31. Substantially increase fossil fuel consumption
_ (electricity, oil, natural gas, etc.)
/ 32. Relationship to a larger project or series of projects.
i� �F�1Grt' �JtPiON�`'Yc.N±' OL uill��
j pp ,JAI( AMP DRAW
1 2 of 3 pages
IL I
i
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 A
or polaroid photos will be accepted. Sct_Q�b��=ir:et �(Aa6ed
Jksa QVka1-vs.
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, commercial,
I l etc.), intensity of land use (one -family, apartment houses,
N shops, department stores, etc.), and scale of development
(height, frontage, set -back, rear yard, etc.). Attach photo-
graphs of the vicinity. Snapshots or polaroid photos will be
accepted. ( oPn-AC. _U! , re��1. SO�e 4ttidN�ii�\
CERTIFICATION SCf~ ,7hpf-OJ
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.
Date Signature
11
For
3 of 3 pages
RECjIPT
CITY OF CAMPBELL
CAMPBELL, CALIFORNIA
NAME'+(=C
O
AOOREss_ a 7
FOR
G 97 S
jr a
..
' REVENUE ACCOUNT NO
FUNDNUMBER
p/Er,E CR MONEYOROER ❑ cA*R
AMOUNT
TMK amm W29-85 ?013 ****3,L.CL
AW••
VAlIBAND AND
Romm oaow. W 29 85 i %!013 A ** * K V.Ci
i
29300 (2-2n
CITIZEN COPY m.Rr r.I, c�*•c.eRF
G'�
CITY OF CAMPBELL
1
CITY OF CAMPBELL 2097 S. BASCOM AVE. UP 85-04 2 of 2