UP 87-01, CE 1976CTTY OF CAMPBELL 2220 S. BASCOM UP 87-Ol/ 1 of 2
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PLANNING COMMISSION MTC.
MARCH 10, 1987
PUBLIC BEARINGS
UP 87-01 Continued public hearing to consider the
Morgan, D. application of Mr. David Morgan for a
Use Permit to allow an auto stereo
installation business to operate from a
detached garage or. property known as
2220 S. Bascom Ave. in a C-2-S (General
Commercial) toning District.
Planning Director Kee reported that Staff is recommending a continuance of
this item, at the request of the applicant.
Chairman ^errine opened the public hearing and invited anyone in the
audience to speak for or against this item.
M/S: Dickson, Christ - That the public hearing on UP 87-01 be
continued to the Planning Commission
meeting of March 24, 1987, at the
request of the applicant. Motion
carried unanimously (7-0-0).
I
i
P1
ITEM NO, 2-
STAFF REPORT - PLANhING COMMISSION MEETING OF MARCH 24, 1907
UP 87-01 Public hearing to consider the application of
Morgan, D. Mr. David Morgan for a Use Permit to allow an
auto stereo installation business to operate
from a detached garage on property known as
2220 S. Bascom Ave. in a C-2-5 (General
Commercial) Zoning District.
STAPP RECOMMENDATION
That the Planning Commission adopt the attached findings and deny this
application.
STAFF DISCUSSION
This application was contin•ied from the meetings of February 10 and March
10, 1987 in order that the applicant tout.) submit additional information.
Attached is the Staff Comment Sheet of February 10, 1987 which explains
the request.
Attached for the Commission's review is a letter from the applicant and a
statement from the twt businesses to the south that the stereo
installation business has not created any problems. In his letter the
applicant indicates that to solve the parking problem on -site he has
entered into a lease for 7 parking spaces directly across Bascom Avenue at
the 7-11 property. A copy of the lease is attached. He states that there
is a pedestrian light approximately 200 feet south of the parking lot. He
also states in his letter that some preliminary sound level readings have
keen taken and that the traffic on Bascom Avenue is noisier than the
stereo installation business.
In regards to providing parking across Bascom Avenue for the business,
Staff cannot support it. Bascom Avenue is a 6 lane arterial which would
be extremely difficult for pedestrians to cross. It is unlikely that
persons would walk 200 feet to the south to the pedestrian light to
cross. In Staff's opinion this parking would not be used. For stereo
installation, cars must be brought to the business. It is unlikely that
while the cars are waiting or once finishes that they would be driven
across the street and packed. In addition, a preliminary review of the
parking at the 7-11 property indicates that the property has less parking
than required by code. Furthermore, a 6 month lease for parking, even if
renewable, is not adequate assurance that parking is being provided.
In regards to the noise levels, Staff believes that the potential for
disturbance to neighbors to the rear exists. Several residents did appear
at the previous public hearing and expressed concerns about potential
noise problems.
For the aforementioned reasons, Staff cannot support this request.
W,
RECOMMENDED FINDINGS
FILE NO.: UP 87-01
APPLICANT: MORGAN, D.
ADDRESS: 2220 S. BASCOM AVE.
P.C. MTG.- 3-24-87
1. The establishment, maintenance or operation of the use applied for
will be detrimental to the health, safety, peece, morals, comfort or
general welfare of persons residing or working in the neighborhood of
such proposed use, or be detrimental or injurious to property and
improvements in the neighborhood or to the general welfare of the
City.
2. The project provides insufficient parking. Under the code 12 spaces
are required- but only 5 spaces are provided which meet City
standards.
3. The proposed use has the potential to disturb the residential area
which is located approximately 30 feet to the rear of the building
with noise from stereos and from cats.
4. The leasing of 7 parking spaces across Bascom Avenue at the 7-11
property will not satisfy the parking requirements. Because Bascom
Avenue is a 6 lane arterial pedestrians wouIC. have a d.-ficuit time
crossing the street. The nature of the stereo installation business
requires that cars oe brought .o the business location. The leased
parking is not feasible at its present location.
ITEM NO. 2
STAFF COMMENT SHEET - PLANNING COMMISSION MEETING OF FEBRUNRY 10, 1987
UP 87-01 Public hearing to consider the application of
Morgan, D. Mr. David Morgan for a Use Permit to alloy an
auto stereo installation business to operate from
a detached garage on property known as 2220 S.
BLSCM. Ave. in a C-2-S (General Commercial)
Zoning District.
STAFF RECOMMENDATION
That the Planning Commission adopt the attached findings and deny this
application.
STAFF DISCUSSION
In October of 1986 Staff noticed that a detached garage at the rear of the
subject property was bising used for auto stereo installation. The
property is located in a C-2-S (General Commercial) zoning district under
which auto related uses require approval of a Use Permit. Staff not".tied
the property owner of the requirement and at this time approval of a Use
Permit is requested. Attached is a letter from the applicant explaining
the request.
The subject property was annexed to the City of Campbell in 1980. The
building was at one time a residential structure, however it was converted
to commercial use prior to annexation. The previous use of the property
was Marino's Music School. The main building is now being used as office
space which is consistent with the C-2-S zoning and the previous use. The
detached garage proposed for the auto stereo installation use is the
subject of the Use Permit applicatiun.
The building usage and parking requirements are its follows:
Required
use Sic. Ft. Parking
Main building Office/ 2100 9.3
storage 400 1
Detached garage Auto stereo 693 2
installation
Total 3193 12.3
The applicant has submitted a site plan which indicates the provision of
12 parking spaces (S standard, 6 compact and 1 handicapped.). However, a
number of these spaces fail to meet City standards for the following
reasons.
2.
A. 3 parallel spaces along the driveway restrict the driveway to the
rear ridth to 13 feet, whereas the code requires a two-way
driveway be, 20 feet wide.
B. The parallel space near the front of the project would encourage
backing out onto Bascom Ave.
C. The compact space adjacent to the office up front restricts the
back-up from the handicapped space.
D. 3 of the G spaces at the rear of the project are unworkable
because of insufficient back -op space.
It is Staffs opinion that only 5 of the 12 spaces could meet code
requirements,
In addition to the insufficient parking, Staff is of the opinion that t..is
use may not be appropriate a: this location: A single family residential
neighborhood is located approximately 30 feet to the rear of tt- building
proposed for auto -tereo installation. This use has the potent' 'al of
being detrimental to the neighborhood in that testinv_ of the stereos at
loud volumes and the moving of cars in and out could disturb residents.
For the reasons discussed above, Staff cannot support this request.
:" J
MARCH 7, 1987
TO: PLANNING COMMISSION
CITY OF CAMPBELL
70 NORTH FIRST STREET
CAMPBELL, CA, 95008
RE: FILE MUP 87-01 2220 S. BASCOM (USE PERMIT)
WITH REFERENCE TO THE PRIOR STAFF REPORT, RECOMMENDED
FINDINGS, AND THE PLANNING COMMISSION MEETING OF FEBRUARY
10, 1987 IT IS OUR INTENTION TO PROCEED FORWARD WITH OUR
REQUEST FOR A 'JSE PERMIT USING THE DOCUMENTATION, PLANS,
ELEVATIONS AND ANY OTHER INFORMATION THAT HAS ALREADY BEEN
SUBMITTED. WE ARE, HOWEVER, PROVIDING AIIDITIONAL D0:'JMENTS
WHICH ADDRESS SPECIFIC CONCERNS OR PROBLEMS AS PERCEIVED By
THE STAFF I� THE PRIOR REPORT.
RECOMMENDED FINDING * 1 HAS NO MERIT AND DESERVES NO COMMENT
OR REBUTTAL.
RECOMMENDED FINDING 82 APPEARS TO BE THE MOST SIGNIFICANT
REASON FOR NOT ISSUING A USE PERMIT. THE PRIOR REPORT
CLAIMS WE ARE SHORT BY SEVEN PARKING SPACES FOR THE PROPOSED
USES. WE ASSUMED THIS TO BE TRUE, AND PROCEEDED TO SECURE
SEVEN PARKING SPACES DIRECTLY ACROSS THE STREET AT 2203-2217
SOUTH BASCOM AVENUE. PLEASE SEE ATTACHED LEASE AGREEMENT.
THERE IS A CONTROLLED PEDESTRIAN STOP LIGHT APPROXIMATELY
200 FEET FROM THE PARKING FACILITY WHICH WILL MAKE THIS A
SAFE AND VIABLE SOLUTION TO THE PARKING PROBLEM.
RECOMMENDED FINDING B3 HAS VERY SUBJECTIVE OVERTONES. WE
WISH TO RESPOND BY STATING THAT SOUNDWAVES HAS BEEN
OPERATING AT 2224 SOUTH BASCOM FOR OVER FIVE MONTHS AND
THERE HAS NOT BEEN ONE COMPLAINT FROM THE RESIDENTIAL OR
BUSINESS COMMUNITY. WE TOOK: SOME PRELIMINARY SOUND LEVEL
READINGS AND IT WAS QUICKL" EVIDENT THAT THE TRAFFIC ON
BASCOM AVENUE PROVIDF_S HIGHER LEVELS OF NOISE THAN
SOUNDWAVES OR THE OTHER ADJACENT BUSINESSES. IT SHOULD BE
MENTIONED THAT BASCOM AVENUE IS A THRIVING COMMERCIAL STREET
WITH BUSINESSES OF ALL KINDS OPERATING. PLEASE SEE THE
ATTACHED STATEMENT FROM A FEW OF OUR ADJACENT OR CLOSE
BUSINESS NEIGHBORS.
IT IS OUR INTENTION TO BE AN INTEGRAL PART OF THE COMMUNITY
OF CAMPBELL. THE REQUESTED USE PERMIT SHOULD BE ISSUED AND
WE WILL AGREE TO PROVIDE SEMI ANNUAL PROOF OF RENEWALS OF
THE LEASE OF THE PARKING SPACES. IF AT ANY TIME IN THE
FUTURE THE LEASE IS LOST WE WILL CEASE ALL SOUNDWAVES
ACTIVITIES WITHIN 60 DAYS AND WILL CONSIDER OUR USE PERMIT
NULL AND VOID. JUST AS THE CITY EXPECTS THE COMMUNITY TO
ACT IN A SUITABLE AND ORDERLY MANNER, WE FEEL IT PRUDENT OF
THE CITY TO BE RESPONSIVE TO THE NEEDS AND CONDITIONS OF THE
SMALL BUSINESSMAN. YOUR AFFIRMATIVE ACTION REGARDING THE
ISSUNACE OF THIS USE PERMIT WILL FE GREATLY APPRECIATED.
7.U1EF{LNDWRVES
OOUGLAS �TURF
PROPERTY OWNER
CC: SINER AND SINER
MEMOMAR 101987
CITY OF CAMPBELL
PIANNIND DEPANTN.ENT
File: USE PERMIT
FEBRUARY 18,1987
TO: CITY OF CAMPBELL, PLANNING COMMISSI01+
RE: USE PERMIT FOR DAVID MORGAN, DBA SOUNDWAVES
MY SIGNATURE BELOW ACKNOWLEDGES THAT I AM EITHER A PROPE* OWNER,
BUSINESS OWNER OR EMPLOYEE AT THE ADDRESS LISTEC BELOW. I AM NOT
11PPOSED TO THE ISSUANCE OF A USE PERMIT TO DAVID MORGAN AT 2220
S. BASCOM AVE AND I FURTHER WOULD LIKE TO S-;ATE THAT THERE HAS BEEN
NO NOISE OR NUISANCE PROBLEM SINCE HE OPENED HIS BUSINESS IN OCTOBER
OF 1986.
• A•T,I1•••ATUR^EDATE
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ADDRESSNAMEORITLESIGN
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Page 1
02/15/87
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File: USE PERMIT
FEBRUARY 18,1987
TO. CITY OF CAMPBELL, PLANNING COMMISSION
RE: USE PERMIT FOR DAVID MORGAN, DBA SOUNDWAVES
r.
MY SIGNATURE BELOW ACKNOWLEDGES THAT I AM EITHER A PROPERY OWNER,
BUSINESS OWNER OR EMPLOYEE AT THE ADDRESS I_ISIED BELOW. I AM NOT
OPPOSED TO THE ISSUANCE OF A USE FERMIT TO DH�:D MORGAN AT 222u
S. BASCOM AVE AND I FURTHER WOULD LIKE TO ST1,TE THAT THERE HAS BEEN
NO NOISE OR NUISANCE PROBLEM SINCE HE OPENED HIS BUSINESS IN OCTODER
OF 1986.
•• ••• ••. •••••••••••Q•�.
ADDRESSNPMEOR TITLESIGNATURE
DATE
Page 1
G2/15/87
January 2, 1987
FjgynAjgCRMpWTent
70 North First Street
Campbell, Ca. 95008
RE: 2220 South Basco:a Ave. (Use permit)
Dear Sirs or Madams:
With reference to the attached application for a use
permit, pleasa accept this br1Ef summary of our intentions.
We would like to use the existing, detached rear garage
ae a car stereo installation facility. The scope of our
business only consists of the installation of car stereos
and alarms. Our customers are referred to us from the
various retailers in the Campbell and San Jose area and
we serve as a tool for the retailers to aid their business
and customer relations.
I have been in the auto stereo installation industry for
eight years and have owned Soundwaves for almost three
years. My location was on Bascom Avenue in San Jose prior
to making the move to this more desirable loccation.
Your serious consideration of this application will be
appreciated.
Sinc e
7 L._
1
vid Morgan
oundwaves
Commercial Lease
THIS LEASE a nude .,d -d , d.ph, fho, fourth dry
pi March . iq 87
ny AND uErwLEN Martin Hertz
J,wd Douglas Turk
..... ... . . 00.
W I.,- . ..........
P""..Iv. ., ...... ...... .... IN, CA,
. ft., 1—h. th. 1.11.....g d.d.d
"W h. ..I U..". I I" I-- i' . .".I .. ....... I
Campbell S" to Clara III
I California
Seven (7) paricitir, 9 c"r in a ].or er parkin, lot
C. �..;1�0 Only known Ar 3-2217 c. Bascom Avenue,
Campbell. C,,lif OrnJ,
T.—
rwrllrtrrm.Jsix months first
.1 April .1987 III
(or commencing on date of isruance of use pe-mit)
KIM Th, tM,I) t AIIII b, th, x.m a twelve hundred (S.1200.00)
F.Y.bl, two hundred (32UU.OQI..
first
Ono
Y I. Z on a month. II
I%.. I- .. ..&. -bl- . Ih. [.11—MI r.. d da
IaeY WM M K'M.III
Uan 19— W "Y rent. to L A the — and 11 the mmner F-11 M,.&d
2.Add t—I P—.I—
,,This leare is COn t 1—ni. in the City or c.t.myboll III
ispuing, a use rer':'lit to David Morgan (DBA Soundwave.) Ilp
at 2220 p
Basco, !venue, Campbell, California 95,,)08.
D.
Thin
le.:; will
I become M o null
1 and void If the City of
Campbell
ampbo 11or.ny rovernment agency disallows the qntal
p
of said ar,'tiaces because of code
ropu I remeinr arts ar
other.
1. This
lease is renewable only If both parties apXoe
and nieln n re.neml prior to expiration of this leaps.
rhnee ir, h., I- 'I" a I '. I—
I. ... . ... ................
1
""W%]
Commercial Lease
THIS LEASE 111 made and executed in duplicate this fourth dey
Of.. March . ... .19 87
By AND BETWEEN Martin. Hertz hereinafter called "Leaaor,"
I
end.. Douglas Turk hereinafter called "Leaves."
i
WITNESSETIL'I'hut lire mule m r„n,nhv:dum of the .,ant nl s 400.00 to L•,..rlr. Isud by laaw•e,
nvwtol wlurh 1, I hynrknowhdgedby 1, .,r..uld Iar 1ls Iurt her ran,rJl•roUxaul th, p.,vuu ul nl the reni...od the
I.rlunu.oxv.. theco:•rnaut, rxnlurnad her,v.au lhep.,rodilo L,•...r.:rnd alb. nr.unlrr bereulalter,lxlad.lA•mwer
Iexw•, ,out leis In Ia,.wr, and La•,xv bervby Ica"-... luny.."- .rod I.lkv., bout r.r,.,n. nlsm ]1-,- Ir lam and euud.tinu,
hennnniter i, Ibrth, the fallowing dev-nlsvl pngn•rty. .roil eta ;ggarlrn,rurr., ,nuoted in .he City
of Campbell I ,minty of Santa Clara.
�tiaeof California p,rtired,rrlydlw'rdad:e.tnunw,.
Seven (7) parlcinr, rpnenn in a larl-er parking, lot
commonly known an 2:'03_2217 s. Bascom Avenue,
Campbell, Californio 95008.
Term.
Fur the tern of six months 1„ first
- - unneurmg un the day
ar Anril ,Is 7.,(Or commencing, on date of ierUance �,f use permit)
Bent.
The total rent shall be the sum of twelve hundred (3120O.00) dollars
payable monthly mad+race, mmtallmentm of two hundred (f 2.OU.00alars. each m lawful motley of the
llnikd lla4,u1'Amenca. on tL•r first day 4J,avb and every culendar nrunth In the event lAwmee hum paid the
rental hereunder, a lerem provided, and has duly cungehed with the terms and provisions hereof, lawsee. may occupy
end eny Iy the lea:ad pn•alxe, lin the frnal.one month of the term, free from obligation to pay any rental
far such... one months.
I
This lease in made subject to the following karma and conditions:
Payment of Bent.
1. I.esrw• agrees to pay rents to Lesser at the time and in the wanner herein provided.
R. Addrkonrl Pruse lions J
a. This learn if: cont1.nrnM• on the City of Crtmnbell
issuing a use permit to David Morgan (DBA Soundwaves)
at 2220 S. Ba9eom Avenue, Campbell, California 95008.
b'. This lease will beComo null and void if the City of
Campbell or any rrovernment a�-eney disallows the rontal
of said parking SDaces because of code renuirementk:tr
other.
e. This lease is renewable only if both parties arree
end nigh n rrneln.l. nrior to expiration of this lease.
Thew- pares•, have executed the, Irum lire duv .cud v .0 fi—:.dsrve s rotrn
a—W1.P—hy ell--I11A'NMaIA I. IA.Anf. wllh l.al. 1.h.. le i,,. „r•.1�,.,�•,i. .. i', .., i�i i ir,�.1 1.
4
ITEM NO. 21
STAFF REPORT - PLANNING COMMISSION MEETING OF MARCH 10, 1987
UP 87-0 Continued public hearing to consider the
Morgan, D. application of Mr. David Morgan for a Use
Permit to allow an auto stereo installation
husiness to operate from a detached garage on
property known as 2220 S. Bascom Ave. in a
C-2-S (General Commercial) Zoning District.
STAFF RECOMMENDATION
That the Planning Commission conti,iue this item to its meeting of
March 24, 1987.
STAFF DISCUSSION
This item was continued from the Planning Commission meeting of February
10, 1987 in order that the applicant could submit additional information.
Staff has talked to the applicant and he has inTacaiad that the
Information will be submitted within a week, consequently, a continuance
to the March 24, 1987, meeting is recommended.
PLANNING COMMISSION MTG. S
FEBRUARY 10, 1987
Punic HEARINGS
UP 07-01 Public hearing to coamider the
Morgan, D. application of Mr. David Morgan for a
Use Permit to allow an auto stereo
installation business to operate from a
detached garage on property known as
2220 S. Bascom Ave, in a C-2-S (General
Commercial) Zoning District.
Planning Director Kee reported that the applicant is requesting a
contimunce of this item to March 10, 1987.
Commissioner Olszewski reported that this item was considered by the Site
and Architectural Review Committee. The Committee is recommending a
continuance to March 10, 1987.
Acting Chairman Christ opened the public hearing and invited anyone in the
audience to speak for or against this item.
Mr. John Wagner, 1058 Shady Dale, spoke against the requested use, citing
noise problems from testing of the installed equipment) and questioned the
preparation of a Negative Declaration.
Mr. Bob Sweet, 259 Monef:a Way, expressed his concern with the noise level
of the propnsed use.
Mr. Charles Purnell, 1070 Shady Dale, spoke against the proposed use
because of noise .level. Mr. Purnell also spoke regarding increased
traffic In his neighborhood because of traffic mitigation measures
installed on Bascom Ave.
Mr. Rae explained that an Environmental Impact Report was not prepared for
this item, therefore a Negative Declaration was prepared indicating that
an EIR was not required.
Mr. Douglas Turk, owner of 2220 S. Bascom Ave., stated that the applicant
intends to do a noise level study for the next meeting. The prior
installation facility, referred to by one of the speakers, was on the
adjacent property in an unenclosed area. The applicant will be making
every effort to control the noise, and he will he happy to meet with those
who have spoken this evening.
M/S, Kasoles, Olazewski - That the public hearing on OP 87-01 be
continued to the Planning Commission
meeting of March 10, 1987, at the
applicant's request. Motion carried
unanimously (5-0-1).
Commissioner Dickson asked Staff to agendize the issue of traffic problems
in this area to see if problems have been caused by some of the past
approvals in this area.
7L
.�r
ITEM NO. 2
STAFF COMMENT SHEET - PLANNING COMMISSION MEETING OF FEBRUARY 16, 1987
UP 87-01 Public hearing to consider the application of j
Morgan, D. Mr. David Morgan for a Use Permit to allow an
auto stereo installation business to operate from
a detached garage on property known as 2220 S.
Bascom Ave, in a C-2-S (General Commercial)
Zoning District.
STAFF RECOMMENDATION
That the Planning Commission adopt the attached findings and deny this
application.
STAFF DISCUSSION
In October of 1986 Staff noticed that a detached garage at the rear of the
subject property was being used for auto stereo installation. The
property is located in a C-2-S (General Commercial) zoning district under
which auto related uses require approval of a Use Permit. Staff notified
the property owner of the requirement and at this time approval of a Use
Permit is requested. Attached is a letter from the applicant explaining
the request.
The subject property was annexed to the City of Campbell in 1980. The
building was at one time a residential structure, however it was converted
to commercial use prior to annexation. The previous use of the property
was Marino's Music School. The main building is now being used as office
space which is consistent with the C-2-S zoning and the previous use. The
detached garage proposed for the auto stereo installation use is the
subject of the Use Permi' application.
The building usage and parking requirements are as followas
Required
Use § . Ft. Parking
Main building Office/ 2100 9.3
storage 400 1
Detached garage Auto stereo 693 2
4nstallation
Total 31 33 12.3
The applicant has submitted a site plan which indicates the provision of
12 perking spaces (5 standard, 6 compact and 1 handicapped). However, a
number of these spaces fail to meet City standards for she following
reasons:
2.
A. 3 parallel spaces along the driveway restrict the driveway to the
rear width to 13 feet, whereas the cc requires a two-way
driveway be 20 feet wide-.
B. The parallel space near the front of the project would encourage
backing out onto Bascom Ave.
C. The compact space adjacent to the office up front restricts the
back-up from the handicapped space.
D. 3 of the 4 spaces at the rear of the project are unworkable
because of insufficient back-up space.
It is Staft's opinion that only S of the 12 spaces could meet code
requirements.
In addition to the insufficient parking, Staff is of the opinion that this
use may not be appropriate at this location. A singlyfamily residential
neighborhood is located approximately 30 feet to the rear of the building
proposed for auto stereo installation. This use has the potential of
being detrimental to the neighborhood in that testing of the stereos at
loud volumes and the moving of cars in and out could disturb residents.
For the reasons discussed above, Staff cannot support this request.
' NO., UP 87-01
A. .LICANT: MORGAN, D.
ADDRESS, 2220 !'. BASCOM AVE.
P-.OTG . M., 2-10-87
RECOMMENDED FINDINGS
1•. The establishment, maintenance or operation of the use applied for
will be detrimental to the health, safety, peace, morals, comfort or
general welfare of persona residing or working In the neighborhood of
such proposed use, or be detrimental or injurious to property and
improvements in the neighborhood or to the general welfare of the
City.
2•: The project provides insufficient parking. Under the code 12 spaces
are required, but only 5 spaces are provided which meet City
standards•.
3-. The proposed use has the Potential to disturb the residential area
which is located approximately 30 feet to the rear of the building
with noise from stereos and from cars.
_1! j
is
January 2, 1987
�j fp�JgCPARgjj ant
70 North First Street
Campbell, Ca. 95008
HE: 2220 South Bascom Ave. (Use permit)
Dear Sire or Madams:
With reference to the attached application for a use
permit, please accept this brief summary of our intentions.
We would like to use the existing, detached rear garage
as a car stereo installation facility. The scope of our
business only consists of the installation of car stereos
and alarms. Our customers are referred to us from the
various retailers in the Campbell and San Jose .a and
we serve as a tool for the retailers to aid tt business
and customer relations.
1 have been in the auto stereo installation industry for
eight years and have owned Soundwaves for almost three
years. My location was on Bascom Avenue in San Jose prior
to making the move to this more desirable loacation.
Your serious consideration of this application will be
appreciated.
Sine Z�?
vid Morg
undwaves
i
_J
0-1
a C71
6z,9I
CITY COUNCIL
MAY 5, 1987 40
Page five
APPEALS
Appeal - Planning
Steven D. Siner has filed an appeal on behalf of
Commission decision
his client, David Morgan, of the Planning
relative to application
Commission's decision on March 24, 1987 to deny an
for use permit - 2220 S.
application for a use permit to operate an auto
Bascom Ave. - UP 87-01
stereo installation business at 2220 S. Bascom
Avenue.
Planning Director Kee - report dated May 5, 1987.
The two primary concerns of the Planning Commission
regarding this appl±cation were: 1) noise impact
on surrounding neighbors and 2) unsatisfactory
parking arrangement. (Reference - Planning
Commission Meeting Minutes of March 24, 1987)
City Attorney Seligmann stated that the
appellant's letter presents a different format of
the findings adopted by the Planning Commission;
however, there are no substantial changes from the
findings in Resolution 2447 adopted on March 24,
1987.
A letter from John W. Wagner and a petition
containing twenty signatures were received by the
City Clerk on May 4, 1987, expressing concern and
urging that the City Council deny this use permit
application.
Steven Siner, 2021 The Alameda, addressed the City
Council on the issues of noise and parking. Mr.
Siner distributed results of sound tests which were
conducted on on May 1 and May 4, and concluded that
no unusual or additional sound emanates from this
business when it is open than from when it is
closed.
Mr. Siner disagreed with the staff's conclusions
regarding parking, and stated that requiremen_s for
parking have been met by the negotiation of a lease
for spaces with 7-11.
John Wagner, 10458 Shady Dale, addressed the City
Council regarding points raised in his letter dated
April 30, 1987.
Charles Purnell, 1010 Shady Dale, urged that the
City Council deny this application.
David Morgan, 2220 S. Bascom Avenue, responded to
comments regarding disturbances to the neighbors.
t 6�
Page six
Following Council discussion, the following motion
was made: M/S: Watson/Kotowski - to uphold the
decision of the Planning Commission to deny the
appeal of the applicatian for a use permit at this
location on the basis of the findings as outlined
in Planning Commission Resolution 2447, as well as
the additional finding that the auto stereo
installation business is an incompe,tible use for
this neighborhood. Motion adopted unanimously.
I
1
a a
RECOMMENDED FINDINGS
APPEAL OF UP 8,-01
2220 S. BASCOM AVE.
CC MTG: 5-5-87
1. The establishment, maintenance or operation of the use applied for will be
detrimental to the health, safety, peace, morals, comfort or general
welfare of persons residing or wcrking in the neighborhood of such proposed
use, or be detrimental or injurious to property and improvements in the
neighborhood or to the general ..;fare of the City because of the
following:
A. The project provides insufficient parking. Under the code 12 spaces
are required, but only 5 spaces are provided which meet City
standards.
B. The proposed use has the potential to disturb the residential area
which is located approximately 30 feet to the rear of the building
with noise from stereos and from cars.
C. The leasing of 7 parking spaces across Bascom Avenue at the 7-11
property will not satisfy the parking requirements. Because Bascom
Avenue is a 6 lane arterial pedestrians would have a difficult time
crossing he street. The nature of the stereo installation business
requires that cars be brought to the business location. The leased
parking is not feasible at its present location.
MN n
Public hearing - appeal of Planning Commission decision relative to application
for a Use Permit - 2220 S. Bascom Ave. - UP 87-01.
RECOMMENDATION
That the City Council uphold the decision of the Planning Commission denying UP
87-01.
DISCUSSION
At its meeting of March 24, 1907, the Planning Commission adopted a resolution
with findings (7-0-0 vote) denying the applicant's request for a Ure Permit to
operate an auto stereo installation business from a detached garage on the
subject property. Subsequently, the attached letter of appeal was received
from the applicant's attorney stating that the Planning Commission had erred In
each of its four findings. Attached for the Council's review are the
following:
Letter of appeal dated April 1, 1987.
Staff description of project.
Staff response to appeal letter.
Minutes from the March 24, 1987 Planning Commission meeting, including
Resolution No. 2447 denying the use permit.
Letter from David Morgan, dated January 2, 1987, explain use.
Tttters dated February 18, 1987, from adjacent businesses indicating
that the use has not caused problems.
Commercial lease for use of parking across Bascom Ave.
PMPAWD mr ACOMIDA
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SINER AND SINER
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STETCX D. SMER
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MM JOME. CAIJ MIA MIM
"� Q'jA (We) MMJMW
April 1, 1987
The Honorable Mayor and
APR 0 7 1987
City Council
CITY OF CAMPBELL
City of Campbell
DEPAQTMENT
Office of the City Clerk
pIA MINE
70 N. 1st Street
Campbell, CA 9500A
RE: Appeal of
Planning Commission
Decision of 3/24/87
Matter No.
UP 8701
Dear Honorable Mayor
and City Council:
On behalf of the applicant, David Morgan, the undersigned
hereby appeals to the City Council the denial by the Planning
Commission of the application for a use permit. In their
resolution, the Planning Commission adopted verbatim the
recommended findings of staff. The applicant appeals from
each and every finding, and submits the following legal and
factual bases for the appeal:
1) Finding No. 1 is patently contradictory to practically
identical situations existing in the City of Campbell, and is
further not supported by any objective facts.
2) Finding No. 2 is in direct contradiction with the
City's own, parking ordinances, specifically Section 21.50.010.
3) Finding No. 3 completely ignores the findings of the
applicant's uncontroverted sound tests, and further fails to
recognize that the closest neighbor has withdrawn any previous
complaint he had regarding the sound emanating from the premises.
4) Finding No. 4 is appealed on the same basis as
Finding No. 2. Additionally, said finding is internally incon-
sistent in that the subject premises only require two parking
spaces as detailed in the staff discussion. Furthermore, said
finding is subjective and not supported by the facts.
In summary, the applicant submits that the objections
which staff presented regarding noise and parking are not
justified because the facts and applicable ordinances are
opposite said findings. Specifically, objective noise studies,
together with statements of immediate neighbors, reveal that
no sound problem exists. Secondly, the solution to the parking
problem as proposed by the applicant meets the requirements of
the City's parking ordinance.
o- c
The Honorable Mayor and City Council
Page 2
April 1, 1987
Based upon the foregoing, the undersigned respectfully
requests a public hearing on this matter.
T -., .g you.
s
Very tr4 yours,
-SlEN D. HE
SDS:c
cc: .Client
DESCRIPTION OF PROPOSAL - UP 87-01
SITE ADDRESS: 2220 S. BASCOM AVE.
CC MTG: 4-28-87 -- APPEAL
1n October 1986, Staff noticed that a detached garage at the rear of the
subject property was being used for auto stereo installation. The
property is located in a C-2-S (General Commercial) Zoning District under
which auto -related uses require approval of a Use Permit. Staff notified
the property owner of the requirement, and an application for a use permit,
was submitted.
The subject property was annexed to the City of C+mpbell in 1980. The
main building was previously used as a music school and a detached garage
was available for parking. The main building is now being used as office
space which is consistent with the C-2-S zoning. However, the detached
garage has been converted to an auto stereo installation use which is the
subject of the Use Permit application.
The building usage and parking requirements are as follows:
Required
Use Sq. Ft. Parking
Main building Office/ 2100 9.3
storage 400 1
Detached garage Auto stereo 693 2
installation
Total 3193 12.3
The applicant's site plan indicated the provision of 12 parking spaces,
however, only 5 of the spices met code requirements. In addition to the
parking problem, Staff raised concerns regarding noise problems. A single
family residential neighborhood is located approximately 30 feet to the
rear of the building proposed for auto stereo installation. This use has
the potential of being detrimental to the neighborhood in that testing of
the stereos at loud volumes and the moving of cars in and out could
disturb residents. Several nearby residents spoke at the public hearing
and expressed concerns regarding noise. The Planning Commission continued
the item from its meetings of February 10 and March 10, 1987, so that the
applicant could address the concerns.
For the meeting of March 24, 1987, the applicant proposed to solve the
parking problem by leasing 7 parking spaces directly across Bascom Ave. at
the 7-11 property. A copy of the lease is attached. The applicant
indicated that there is a pedestrian light approximately 200 feet south of
the parking lot.
O
Project Description: UP 87-01
Page Two
In regards to providing parking across Bascom Avenue for the business,
Staff cannot support it. Bascom Avenue is a 6 lane arterial which would
be extremely difficult for pedestrians to cross. It is unlikely that
persons would walk 200 feet to the south to the pedestrian light to
cross. In Staff's opinion this parking would not be used. For stereo
installation, cars must be brought to the business. It is unlikely that
while the cars are waiting or once finished that they would be driven
across the street and parked. In addition, a preliminary review of the
parking at the 7-11 property indicates that the property has less parking
than required by code. Furthermore, a 6 month lease for parking, even if
renewable, is not adequate assurance that parking is being provided.
In regards to the noise generated from the business, the applicant
indicated that some preliminary sound level readings were taken and that
the traffic on Bascom Ave. is noisier than the stereo installation use.
However, no specific documentation was submitted to support this. The
applicant did submit a letter from each of the adjacent businesses (copy
attached) indicating that the business has not caused noise or other
problems. However, two nearby residents appeared at the hearing and spoke
against the oroject based on noise and traffic.
Based on the insufficient parking and noise concerns, the Planning
Commission made findings and adopted a resolution denying the Use Permit
with a vote of 7-0-0.
STAFF RESPONSE TO LETTER OF
APPEAL DATED APRIL 1, 1987
FROM MR. STEVEN S1NER - UP 87-01
CC MTG: 5-5-87
In his letter of appeal, Mr. Siner challenges each of the four findings made by
the Planning Commission. The following is a response to each challenge.
1. Mr. Siner states that Finding !1 fin Planning Commission Resolution No.
2447) is contradictory to practically identical situations existing in the
City, and is not further supported by any objective facts.
Staff notes that Mr. Siner cites no specific porperties where this
situation exists in Campbell, and Staff is aware of none. The purpose of a
Use Permit is to dt:ermine if a specific use is compatible at a specific
location, and each situation is unique. The record indicates a factual
basis of insufficient parking and noise.
2. Mr. Siner states that Finding 42 is in contradiction with Section 21.50.010
of the Campbell Municipal Code.
Section 21.50.010 of the code states:
This Chapter is intended to assure that adequate off-street
parking and loading spaces are provided for each particular
type of land use. Off-street parking and loading areas are
to be laid out in a manner which will ensure their usefulness,
protect the public safety, and where appropriate, insulate
surrounding land uses from their impact.'
It is Staff's opinion that the Commission finding supports this section
because adequate and useful parking has not been provided.
3. Mr. Siner states that the Finding 13 ignores the applicant's sound tests
and that the closest neighbor has withdrawn his complaint.
In response, Staff notes that documentation and certification of any sound
teat, nor any documentation indicating a withdrawal of the complaint from
the closest neighbor, has not been submitted. It should be noted that two
residents did appear at the March 24, 1987 meeting and spoke concerning
noise and traffic.
4. Mr. Siner indicates that Finding 04 is appealed on the same basis as
Finding 42. He also indicates that the use only requires 2 parking spaces.
In response, Staff again notes that no documentation has been submitted
regarding identical situations elsewhere in the City, nor is Staff aware of
any such identical situations. Although the u,re itself only requires 2
parkir.9 spaces, the total property requires 12 spaces. When a project is
reviewed, the total on -site parking must be evaluated.
I'M
i
PLANNING COMMISSION MTG.
MARCH 24, 1987
PUBLIC BEARINGS
up 87-01 Continued public hearing to consider
Morgan, D. the application of Mr. David Morgan for
a Use Permit to allow an auto stereo
installation business to operate from a
detached garage on property known as
2200 S. Bascom Ave. in ■ C-2-S (General
Commercial) toning District.
Commissioner Christ reported that this application was considered by the
Site and Architectural Review Committee. The applicant has addressed the
parking concerns with the presentation of a lease for parking across
Bascom Ave. The Site Committee is of the opinion that this is not
acceptable, therefore, denial is recommended.
Planning Director Kee reviewed the Staff Report, dated March 24, 1987,
noting that Staff is also recommending denial due to the potential for
noise•which could impact the adjacent residential properties, and because
of the inadequate parking on -site.
Chairman Perrine opened the public hearing and invited anyone in the
audience to speak for or against this item.
Mr. John Wagner, 1058 Shady Dale Ave., spoke against this project because
of it's potential for noise impacts on the residential area; and, the
probablity that customers would not want to be inconvenienced by parking
across the busy street. Additionally, Mr. Wagner commented that there has
been an increased amount of traffic on his street with people making
turning around to get back onto Bascom Ave.,, as well as damaging his front
yard while making u-turns.
Mr. Charlie Purnell, 1070 Shady Dale Ave., spoke against this project,
citing traffic and noise. Additionally, Mr. Purnell commented regarding a
parking problem on the street because of overflow parking from the valley
Title Co. use on the northeast corner.
Mr. Steven Siner, attorney for applicant, spoke at length regarding the
proposal, noting that the applicant is sensitive to the resident's
concerns. Mr. Siner indicated that the the business is operating from a
detached garage (and has been for approximately 7 months) which will
-3- �
accommodate only one or two vehicles at a times the business closes by i
7:00 p.m. Mr. Siner noted that he has statements from surrounding
businesses that they have heard nothing from this use, and in fact, the
noise level, when tested, from Bascom Ave. is significantly higher than
that of any when
stereo. The closest neigher, Mr. Sweet, was very much
opposed to this use at the fir at hearings however, he has subsequently
retracted his opposition when he learned that the business has been in
operation for 7 months. Mr. Siner noted that Mr. Sweet is not supporting
this application, but is withdrawing his opposition.
Mr. Siner continued addressing the parking concerns, stating that the
office use in the main building has six employees, and the property owner
is willing to have these people park across the street at 7-11, resulting
in a minimum of people crossing Bascom Ave., with the pedestrian signal
200' south, twice a day. The applicant is submitting, therefore, that the
parking problem is solved by the leasing of required spaces across the
street, and the applicant is willing to go on record to have the use
permit issued conditionally upon the maintenance of the lease for parking
across the street. If that lease is lost, the applicant is willing to
give up everything within 60 days.
Commissioner Dickson asked Mr. Siner if the property owner would enter
Into an agreement to do something also with the parking if there was a
change in the type of use on this site. Also, if there was a way of
controlling the testing of stereo systens after installation.
Mr. Siner responded that the property owner would probably enter into such
an agreement regarding the parkings and, that the applicant may be able to
return cuatomers vehicles to them only on the street. Mr. Siner noted
that the property owner has an office in the main building, and it is
unlikely that he would put up with any high level of noise.
HIS: Rasolas, Walker - That the Public hearing on OP 07-01 be
closed. Notion carried unanimously
(7-0-0).
HIS: Dickson, Rasolas - That the Plenning Commission adopt
findings as indicated in the staff
Report dated March 24, 1987, and adopt
Resolution No. 2667 denying OP 87-01.
Motion carried with the following roll
call vote:
AYES: Commissioners: Rasolas, Stanton, Olsrewski, Christ, Walker,
Dickson, Perrine
NOES: Commissioners: Nun*
ABSENT: Commissioneras None.
Mr. Re* explained the appeal process to the applicant.
H.-
ARC"a's`Y""z�a-�,Po$.f"'.,,a'`>�=�`37f'`rwr:«•r "n1NpR.. ��
1
January 2, 1987
F}ggnSjgCRj1Sjjient
70 North First Street
Campbell, Ca. 95008
RE: 2220 South Bascom Ave. (Use permit)
Dear Sirs or Madams:
With reference to the attached application for a use
permit, please accept this brief summary of our intentions.
We would like to use the existing, detached rear garage
as a car stereo installation facility. The scope of our
business only consists of the installation of car stereos
and alarms. Our customers are referred to us from the
various retailers in the Campbell and San Jose area and
we serve as a tool for the retailers to aid their business
and customer relations.
I have been in the auto stereo installation industry for
eight years and have owned Soundwaves for almost three
years. My location was on Bascom Avenue in San Jose prior
to making the move to this more desirable loacation.
Your serious consideration of this application will be
appreciated.
inc e
ZL_
l
vid Morgan
oundwavee
RESOLUTION No. 2447
PLANNING COMMISSION
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL DENYING THE APPLICATION
OF MR. DAVID MORGAN FOR A USE PERMIT TO ALLOW
AN AUTO STEREO INSTALLATION BUSINESS TO
OPERATE FROM A DETACHED GARAGE ON PROPERTY
KNOWN AS 2220 S. BASCOM AVE. IN A C-2-S
'(GENERAL COMMERCIAL) ZONING DISTRICT. UP 87-01.
After notification and public hearing as specified by law on the application of
Mr. David Morgan for a Use Permit to allow an auto stereo installation business
to operate from a detached garage on property known as 2220 S. Bascom Ave. in a
C-2-S (General Commercial) Zoning District, as per the application filed in the
Planning Department on January S. 1987E and, after presentation by the Planning
Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the Planning Commission did
find as follows:
1. The establishment, maintenance or operation of the use applied for will be
detrimental to the health, safety, peace, morals, comfort or general
welfare of persons residing or working in the neighborhood of such proposed
use, or be detrimental or injurious to property and improvements in the
neighborhood or to the general welfare of the City.
2. The project provides insufficient parking. Under the code 12 spaces are
required, but only S spaces are provided which meet City standards.
3. The proposed use has the potential to disturb the residential area which is
located approximately 30 feet to the rear of the building with noise from
stereos and from cars.
4. The leasing of 7 parking spaces across Bascom Avenue at the 7-11 property
will not satisfy the parking requirements. Because Bascom Avenue is a 6
lane arterial pedestrians would have a difficult time crossing the street.
The nature of the stereo installation business requires that cars be
brought to the business location. The leased parking is not feasible at
its present location.
Based on the above findings, the Planning Commission does hereby deny the
requested Use Permit.
PASSED AND ADOPTED this 24th day of March 19e7 by the following roll Call vote:
AYES: Commissioners: Rasolas, Stanton, Olszewski, Christ,
Walker, Dickson, Perrine
NOES: Commissioners: None
ASSENT: Commissioners: None
APPROVED: Jay R. Perrin*
Chairman
ATTEST: Arthur A. get
secretary
4-
File: USE PERMIT Page 1
02/Is/87
FEBRUARY 38,1987
T0: CITY OF CAMPBELL, PLANNING COMMISSION
REt USE PERMIT FOR DAVID MORGAN, DBA SOUNDWAVES
MY SIGNATURE BELOW ACKNOWLEDGES THAT I AM EITHER A PRDPEM OWNER,
BUSINESS OWNER OR EMPLOYEE AT THE ADDRESS LISTED BELOW. I AM NOT
OPPOSED TO THE ISSUANCE OF A USE PERMIT TO DAVID MORGAN AT 2220
S. BASCOM AVE AND I FURTHER WOULD LIKE TO STATE THAT THERE HAS BEEN
NO NOISE OR NUISANCE PROBLEM SINCE HE OPENED HIS BUSINESS IN OCTOBER
OF 1986.
......................................................................
ADDRESS NAME nOR T,�II1TLE SIGN TOR'E-7� DATE jQ
�a !4... S. •. [�F1�6mGLl.'-�r...... >�?G+�IMG�-0/J... . G�nGvl F�F��t� ...'�tl ! 1. y%
......................................................................
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Files USE PERMIT Page 1
02/15/87
FEBRUARY 18,1987
TOs CITY OF CAMPBELL, PLANNING COMMISSION
RE: USE PERMIT FOR DAVID MORGAN, DBA SOUNDWAVES
MY SIGNATURE BELOW ACKNOWLEDGES THAT I AM EITHER A PROPERY OWNER,
BUSINESS OWNER OR EMPLOYEE AT THE ADDRESS LISTED BELOW. I AM NOT
OPPOSED TO THE ISSUANCE OF A USE PERMIT TO DAVID MORGAN AT 2220
S. BASCOM AVE AND 1 FURTHER WOULD LIKE TO STATE THAT THERE HAS BEEN
NO NOISE OR NUISANCE PROBLEM SINCE HE OPENED HIS BUSINESS IN OCTOBER
OF 1986.
........................................... • • ..
SIGNATURE I
ADDRESS NAME OR TITLE SIGNDATE
.............. ,..I
. ..........................
......................................................................
......................................................................
......................................................................
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......................................................................
Commercial Lease
T111 LEASE„ m.d,.M r,eeulyd ,n Wu 1-1, In,- fourth 4r
d March , 14 87
MY AND RVrWL1;N Martin Hertz Mmn.fWr c.IIN'I.rw.r,'
I..A Doualas Turk M+rrn.nvr nIkd'L—'
Iw.alr`rsr.ru. rl•.u..r: rd In .x...h .Aux ,r:m\400.00
.rTAA 1 :.Iwr.h. w:'\•x.'d..dMl. r ,I I•x llx r'urtlx •.IJI+u .:Wllx 1.. I+A; h, aIWrM-
p'r1::an::Allw•:n..wMr•wrw111. w.xu r I.'
Fr+urW h4 .. 1... u IL.+r.lw•rr•Iwrh.i .. Irw•.. arwl l.:\•- .n: l.. :. :-a
M..lryl ,W1 wW:1:., III
Mn.nAlnr .t hxu: `Uw k4�vrr1..1 WPM+,Y. .M :I.•AITur4-:�rr.•M I.IIuwld rn I..r l'IY
CRmnbel l
'w rxAl:I W Santa Clara I�1
KWI. uI CwilforniR µ:nr•ularlr. nod a. 1•.I I...- �1
Seven g (7) parkinrn-vcns in a larger perking lot I�
co^enonly known ar. 2�03-2as 217 s. Bascom Avenue, I�I,
Cmm�be11 California 95008. Ipi
Te .
six months first I'I
.uly; rArtM IWY
W Anril 87
N19 III'
(or commencinc on data of ieruance of use permit)III
iue Iml r.n, Ab.b w Ilw w,rn f twelve hundred ($1200,00) III
e.r.bk rrwr,Ihlr rn Ad..nr. mWllmenu d two hundred ({20^.Op 11.n. e.rF ,n k.Ml nw,wr of IFr•
Iln:kd.11wW k,,r n,- IM first dh dW ul.. pl a•WehI s.knd.r rnunW In lM rv.nl lawwa Fr µrlJ lhu II
rental Faxrurwkr.A.Mn•In prwdd..Mh.,JulY lwnpina.nFlMWrm..M pwuwnwMnoL4wwuVY III
.IW.ryiry lhr k.wd pnrnr_,Iw lM nrul one ,,I,,,�IhW Mrinn,.Inr loin ubl,yAl.:n 1. µY.^r nntul
V wwh Cne —IN
7Tu kw.e r. male wrleeel W lh, kll—m nxm..M c.nlnl.n, I�
Mp.enl a Menl.
1 L—I ryren W MY rwu W I1ru1 .t IN III AM m lb, 1-1 h-1 Vrv.Idld
e. Add. —I Vwnuwr, I
n. This lenre is conlinrrnt on the City of Campbell Ii
Se^ulna a use Perlit to David Morgan (DBA SOundwaves)
et 2220 S. Bnscom tvwnua, Campbell, California 95008, I'
b. This lease will becomo null and void if the City of IIi
Campbell or any rovernnent agency disallows the rental
of ea10 parking eoaces because of *ode renuirements or
they. '
C. This lease 1e renewable only if both parties agree
and sign n renewal Prior to expiration of this lease, il(
T► • "n— Mw.—d IN. 6— IN in..,w .e+r nM Al— wrNl.n
1
lei.
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0
PUBLIC HEARING BEFORE PLANNING Co ist 0 ON
3-24_87. RES. 2447 DENYING UP 87-02 ESTAB.
STEREO INSTALLATION BUSINESS - 2220 S. BASCO'
C-2-S ZONING DIST. (VOTE: 7-0-0).
on1
PLANNING COMMISSION MTG.
MARCH 24, 1987
PUBLIC HEARINGS
BP 87-01 Continued public hearing to consider
Morgan, D. the application of Mr. David Morgan for
a Use Permit to allow an auto stereo
installation business to operate from a
detached garage on property known as
2200 S. Bascom Ave. in a C-2-S (General
Commercial) Zoning District.
Commissioner Christ reported that this application was considered by the
Site and Architectural Review Committee. The applicant has addressed the
parking concerns with :he presentation of a lease for parking across
Bascom Ave. The Site Committee is of the opinion that this is not
acceptable, therefore, denial is recommended.
Planning Director Kee reviewed the Staff Report, dated March 24, 1987,
noting that Staff is also rec-mmending denial due to the potential for
noise which could impact the adjacent residential properties, and because
of the inadequate parking on -site.
Chairman Perrine opened the public hearing and invited anyone in the
audience to speak for or against this item.
Mr. John Wagner, 1058 Shady Dale Ave., spoke against this project because
of it's potential for noise impacts on the residential area; and, the
probablity that customers would not want to be inconvenienced by parking
across the busy street. Additionally, Mr. Wagner commented that there has
been an increased amount of traffic on his street with people making
turning around to get back onto Bascom Ave., as well as damaging his front
yard while making u-turns.
Mr. :harlie Purnell, 1070 Shady Dale Ave., spoke against this project,
citing traffic and noise. Additionally. Mr. Purnell commented regarding a
parking problem on the street because of overflow parking from the Valley
Title Co. use on the northeast corner.
Mr. Steven Siner, attorney for applicant, spoke at length regarding the
proposal, noting that the applicant is sensitive to the resident's
concerns. Mr. Siner indicated that the the business is operating from a
detached garage (and has been for approximately - months) which will
l -3- ?-11
accommodate oniy one or two vehicles at a time; the business closes by
7:00 P. Mr. Siner noted that he has statements from surrounding
businesses that they have heard nothing from this use, and in fact, the
noise level, when tested, from Bascom Ave. is significantly higher than
that of any auto stereo. The closest neigher, Mr. Sweet, was very much
opposed to this use at the first hearing; however, he has subsequently
retracted his opposition when he learned that the business has been in
operation for 7 months. Mr. Siner noted that Mr. Sweet is not supporting
this application, but is withdrawing his opposition.
Mr. Siner continued addressing the parking concerns, stating that the
office use in the main building has six employees, and the property owner
is willing to have these people park across the street at 7-11, resulting
in a minimum of people crossing Bascom Ave., with the pedestrian signal
200' south, twice a day. The applicant is submitting, therefore, that the
parking problem is solved by the leasing of required spaces across the
street, and the applicant is willing to go on record to have the use
permit issued conditionally upon the maintenance of the lease for p-irking
across the street. If that lease is lost, the applicant is willing to
give up everything within 60 days.
Commissioner Dickson asked Mr. Sines if the property owner would enter
into an agreement to do something else with the parking if there was a
change in the type of use on this site. Also, if there was a way of
controlling the testing of stereo systems after installation.
Mr. Siner responded that the property owner would probably enter into such
an agreement regarding the parking; and, that the applicant may be able to
return customers vehicles to them only on the street. Mr. Sines noted
that the property owner has an office in the main building, and it is
unlikely that he would put up with any high level of noise.
MIS: Kasolas, Walker - That the Public hearing on OF 87-01 be
closed. Motion carried unanimously
(7-0-0).
MIS: Dickson, Kasolas - That the Planning Commission adopt
findings as indicated in the Staff
Report dated March 24, 1987, and adopt
Resolution No. 2147 denying UP 87-01.
Motion carried with the following roll
call vote:
AYES: Commissioners: Kasolas, Stanton, Olszewski, Christ, Walker,
Dickson, Perrine
NOES: Commissioners: None
ABSENT: Commissioners: None,
Mr. Kee explained the appeal process to the applicant.
1 RESOLUTION NO. 2447
PLANNING COMMISSION
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL DENYING THE APPLICATION
OF MR. DAVID MORGAN FOR A USE PF,RMIT TO ALLOW
AN AUTO STEREO INSTALLATION BUSINESS TO
OPERATE FROM A DETACHED GARAGE ON PROPERTY
KNOWN AS 2220 S. BASCOM AVE. IN A C-2-S
(GENERAL COMMERCIAL) ZONING DISTRICT. UP 87-01.
After notification and public hearing as specified by law on the application of
Mr. David Morgan for a Use Permit to allow an auto stereo installation business
to operate from a detached garage on property known as 2220 S. Bascom Ave. in a
C-2-S (General Commercial) Zoning District, as per the application filed in the
Planning Department on January 8, 1987; and, after presentation by the Planning
Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the Planning Commission did
find as follows:
1. The establishment, maintenance or operation of the use applied for will be
detrimental to the health, safety, peace, morals, comfort or general
welfare of persons residing or working in the neighborhood of such proposed
use, or be detrimental or in;urious to property and improvements in the
neighborhood or to the general welfare of the City.
2. The project provides insufficient parking. Under the code 17 spaces are
required, but only S spaces are provided which meet City standards.
3. The proposed use has the potential to disturb the residential area which is
located approximately 30 feet to the rear of the building with noise from
stereos and from cars.
4. The leasing of 7 parking spaces across Bascom Avenue at the 7-11 property
will not satisfy the parking requirements. Because Bascom Avenue is ■ 6
lane arterial pedestrians would have a difficult time crossing the street.
The nature of the stereo installation business requires that cars be
brought to the business location. The leased parking is not feasible at
its present location.
Based on the above findings, the Planning Commission does hereby deny the
requested Use Permit.
PASSED AND ADOPTED this 24th day of March 1967 by the following roll call vote:
AYES: Commissioners: Kasolas, Stanton, Olszewski, Christ,
Walker, Dickson, Perrine
NOES: Commissioners: None
ABSENT: Commission+rs: None
APPROVED: Jay R. Perrine
Chairman
ATTEST: Arthur A. Kee
Secretary
ij
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PUBLIC HEARING BEFORE PLANNING CODCODS§ 0 ON
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STEREO INSTALLATION BUSINESS - 2220 S. BASCOM -
C-2-S ZONING DIST. (VOTE: 7-0-0).
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LAW IIFFWk_,I'IF
DF161PSTEK, MCDONALD a& SEI.IGMANN
AN ANii,N'IATION OF ATr( N'F:\'N
t 111 F.Il rlNu,, wl.11n,wN1A YM1• S„r� '»
28 May 1987
Steven D. Siner
SINER & SINER
2021 The Alameda
San Jose, California 95126
r� � �� , •,ux r»,1iNx1.,, Yx
r f.
Re: Soundwaves Operation at 220 South Bascom Avenue
Dear Mr. Siner:
This letter will serve to memorialize our understanding
concerning your clients operation at the above -referenced loca-
tion. In consideration of your client's, Soundwaves and David
Morgan, agreeing not to file a court action to challenge the
denial of their request for a Use Permit, and further in
consideration of your client's agreement to vacate his operation
from the above -referenced location within ninety (90) days from
the date of this letter, the City of Campbell agrees that it
shall refrain from taking any action to abate such operation
within ninety (90) days from the date of this letter.
It is also understood that your clients will act in
good faith to prevent any disturbance of the surrounding
neighborhood during the ninety (90) day period.
If the foregoing terms and conditions accurately
represent our previous discussions, please have your clients sign
the enclosed copy of this letter, and return it to my office in
the enclosed self addressed envelope. ;t is understood that upon
execution of the enclosed copy, this letter shall constitute a
binding agreement between the City of Campbell and your clients.
Dated:
WILLIAM R. SELIGMANN,
City Attorney for CAMPBELL
David Morga jl oundwaves
Dated: V
,,yy
0�
By
iii���
DAYID MORIAN, n b half of himself
8'as Agent fyr S ndwaves
I
1
STAFF PROCESS LIST FILE NO. UP 87-01
NASD A E-TH—E—ET
AGENDA DATE: Feb. 10, 1987
DATE FILED: 1-8-87
FEE: $350 PAID: 1-s-87
SITE ADDRESS: 2220 S. Bascom Ave. APN NO: 288-6-5
PROPOSED USE: -ar stereo installation ZONING: C-2-S
GENERAL PLAN: Commercial
« . r
APPLICANT: David IA�rgan/Somdwaves
ADDRESS: 2220 S. Bascom Ave.
Campbell, CA 95008 PHONE NO: 559-0223
DATE PUBLISHED IN CAMrdELL PRESS:
DATE PROPERTY WAS POSTED (IF APPLICABLE):
DATE LETTER SENT TO APPLICANT: _
DATE OF FIRST (PUBLIC) HEARING:
CONTINUED TO: /
APPROVED DATE: RESOLUTION NO:
DENIED DATE: RESOLUTION NO:
DATE OF PUBLIC HEARING BY CITY COUNCIL:
FINAL ACTION: APPROVED DENIED
Copies to:
7
CITY OF CAMPBELL
70 NORTH FIRST STREET
CAMPBELL, CALIfORNIA 95006
(406(666.21:0
Department: CITY CLERK
flay 11, 1987
Steven D. Siner
Siner and Siner
2021 The Alameda
San Jnge, CA 95126
Dear Mr. Siner:
As you are aware, the City Council at its regular meeting on March 5, 1987
considered the appeal of the Planning Commission decision relative to an
application for a use perr.it to operate an auto stereo installation
business from the garage at 2220 S. Bascom Avenue.
The Council received testimony from some of the neighbors in the
surrounding area, as well as from Mr. Morgan and yourself.
Following discussion of this issue, the City Council took action to uphold
the decision of the Planning Commission and to deny this appeal on the
basis of the findings adopted by the Planning Commission. In addition,
the Council took the position that an additional sub -finding be added to
Finding No. 1, indicating that the business in an incompatible use for
this neighborhood.
For ycur information, the Campbell City Council adopted a resolution,
effect '.ve February 21, 1964, making Section 1094.6 of the Code of Civil
Procedire effective for judicial review of local administrative
decis �.ons. Section 1094.6 as adopted requires that petitions for judicial
review must be filed within 90 days after the City's decision becomes
final. The decision of the City Council became final on may 5, 1987.
If you should have any questions regarding the City Council's action,
please do not hesitate to call the City Clerk's Office at 866-2116.
Sincerely,
Bart-ra Olsasky -
City C'erk
cc: Planning Director
David Morgan
1
PROOF OF PUBLICATION
San 3of;c filcrcury Ncws
750 RIDDER PARK DRIVE
SAN JOSE, CALIFORNIA 95190
IN THE
CITY OF CAMPBELL
STATE OF CALIFORNIA
COUNTY OF SANTA CLAM
0
City of Campbell ._. ...._.............._._...._..__..�.
75 North Central Avenue
Campbell, CA 95008,,,,,,_..__._....._._.._._._....._..._.....
NOTICE OF NEARING
STATE OF CAUFORNIA,
COUNTY OF SANTA CLARA
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PROOF OF PUBLICATION
San asc filcrcurp Haws
750 RIDDER PARK DRIVE
SAN JOSE, CALIFORNIA95190
IN THE
CITY OF CAMPBELL
STATE OF CALIFORNIA
COUNTY OF SANTA CLAM
City of Campbell V ••»».»»•»•»»».»»»»_»•,»„w
75 North Central Avenue .»» w»». »•»» »»»�..••».�
NOTICE OF HEARING
STATE OF CALIFORNIA,
COUNTY OF SANTA CLARA
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NOTICE OF BEARING
NOTICE tS HEREBY 61YEN f►•t the
City ica Is or tM G a Gt� pae*
0or r•t W rwr 17,30•itort-
IY t0rrwrtor, m rw.u.y, wy 0,
1N7. M 10e City H•11 Co•rrll 5,
rem. 70 N. ►ttot aro•t. Compre
C•1l M". r tie time ood pl a /er
prbro Wrist. to avmider •r %:
U" to " appLicatm I w p rogt
(UP 0701). pplk•tiao for ttre pervtll
I•ferwled perw•r ■ro witod to
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CITY COUNCIL
CITY OF CAMPBELL
BARBARA OISASKY
CITY CLERK
CITY OF CAMPBELL
70 NORTH FIRST STREET
CAM PBEL L. CALIFORNIA 95008
(408)888-2100
Department: CITY CLERK
N O T I C E O F H E A R I N
NOTICE IS HEREBY GIVEN that the City Council of the City of Campbell
has set the hour of 7:30 p.m., or shortly thereafter, on Tuesday, May 5,
1987, in the City Hall Council Chambers, 70 N. First Street, Campbell,
California, as the time and place for public hearing to consider an appeal
of Planning Commission decision relative to an application for use permit
to alloy an auto stereo installation business to operate from a detached
garage on property known as 2220 S. Bascom Avenue in a C-2-S (General
Commercial) Zoning District (UP 87-01).
Interested persons are invited to apnear and be heard at said hearing.
CITY COUNCIL
CITY OF CAMPBELL
BARBARA OLSASKY
CITY CLERK
Please publish one time, on April 29, 1987.
CITY OF CAMPBFII
70 NORTH FIRST STREET
CAMPBEL L, CALIFORNIA 95006
(408)866-2100
Department: Planning !! rch 25, 1967
David Morgan
Soundwaves
2220 S. Bascom Avenue
Campbell, Ca. 95008
RE: UP 87-01
2220 S. Bascom Avenue
Dear Mr. Morgan:
At its meeting of Ma. ch 24, 1997, the Planning Commission adopted the
following findings and denied the above referenced application.
1. The establishment, maintenance or operation of the use applied for
will be detrimental to the health, safety, peace, morals, comfort or
general welfare of persons residing or working in the neighborhood of
such proposed use, or be detrimental or injurious to property and
improvements in the neighborhood or to the general welfare of the
City.
2. The project provides insufficient parking. Under the code 12 spaces
are required, but only 5 spaces are provided which meet City
standards.
3. The proposed use has the potential to disturb the residential area
which 1s located approximately 30 feet to the rear of the building
with noise from stereos and from cars.
4. The leasing of 7 parking spaces across Bascom Avenue at the 7-11
property will not satisfy the parking requirements. Because Bascom
Avenue is a 6 lane arterial pedestrians would have a difficult time
crossing the street. The nature of the stereo installation business
requires that cars be brought to the business location. The leased
parking is not feasible at its present location.
If you wish to appeal this derision to the City Council, please follow the
procedures indicated under Section 21.80.030 of the enclosed sheet.
Please note that an appeal must be filed by April 3, 1987 by 5:00 P.M. or
the decision will be final.
CITY OF CAMPBELL
David Morgan
March 25, 1987
Page 2
If an appeal is no[ filed it will be necessary that the detached garage
building be vacated by May 1, 1987 and only used for parking thereafter.
If you should have any questions regarding thie information, please do not
hesitate to contact the Planning Department at 066-2140.
Sincerely,
ARTMOR A. KEE
PLANNING DIRECTOR
�7✓aav�
MARTY C. WOODWORTH
PLANNER II
MCN:ch
cc: Douglas Turk, 2220 S. Bascom Ave., Campbell, Ca. 95008.
PROCEDURE FOR APPEAL
FROM DECISION OF
PLANNING DIRECTOR
SECTION 21.80.020
CAMPBELL MUNICIPAL CODE
Appeals from Discretionary Administrative Decision_
An appeal may be made to the Planning Commission by the applicant or
at.v other interested party from any discretionary administrative
decision or interpretation made by the Planning Director or any
City Official under this Title. Such appeal shall be filed with
the Planning Director. Ministerial actions granting or denying
a permit under this Title are final and may not be appealed.
Such appeal shall be in writing and shall set forth the reason(s)
for appeal and must be filed with the Secretary of the Planning
Commission within ten days frcm the date of decision of the Planning
Director or City Official. Any decision not appealed within ten days
shall be final. Upon receipt of the appeal, the Secretary of the
Planning Commission shall cause the item to be placed on the agenda
of the next regular Planning Commission meeting.
PROCEDURE FOR APPEAL
FROM DECISION OF
PLANNING COMMISSION
SECTION 21.80.030
CAMPBELL MUNICIPAL CODE
Appeals from Decision of Planning Commission.
An appeal may be made to the City Council by the applicant or any
other interested party from any decision of the Planning Commission
under this Title. Such appeal shall be filed with the City Clerk
within ten days from the date of decision. The appeal shall be
in writing and set forth specifically wherein the Commission's
findings and decisions were in error. Upon hearing the appeal,
the City Council shall consider the record and such additional
evidence as may be offered and may affirn, modify or reverse, in
whole or part, the order, requirement, decision, determination.
Interpretation or ruling appealed from, or make and substitute
such other additional decision or determination, as it may find
warranted order the provisions of this Chapter. Any decision not
appealed withtu ten days of the decision of the Planning Commission
shall be final.
C'TTY nF C'AMPBELL 2220 S. BASC'OM UP $7-Ol/ 2 of 2
CE-197�
Ino.
CITY OF CAMPBELL
70 NORTH FIRST STREET
CAMPBELL, CALIFORNIA 95008
(408)865-2100
Department: Planning
i
I
I
February 3, 1987 !`
TO: David Morgan
Sound-ave.
222C S. Bascom Ave.
Campbell, CA 95008
FILE NO, UP 87-01 ADDRESS: 2220 S. Bascom
PROJECT DESCRIPTION: Auto stereo installation business
SITE G ARCHITECTURAL REVIEW
APPOINTMENTt Date: Tuesday, February 10, 1987
Time: 8,45 a.m.
PLANNING COMMISSION MEETING: 7:30 p.m., Tuesday, February 10, 1987
Please be advised that the Site and Architectural Review Committee of the
Campbell Planning Commission will review your plans fir approval of the
above -referenced project at the. appointment time -toted above, in the
Planning Conference Room, Norta Wing, City Hall, 70 N. First St.,
Campbell, California.
The Committee Chairman will then make a reco-mtendation r' r.he regular
meeting of the Planning Commission which is ::eld at 7:3t.on the
above -referenced date, in the City Hall Council Chambers, t0 N. First St.,
Campbell, California.
A copy of the .;toff Report and recommendation, as well as the agenda for
the Planning Commission meeting, -dill be mailed to you on Friday, February
6, 1987.
I_ is necessary that you, or an authorized representative; be present at
the Site and Architectural Review Coani.ttee meeting and the Planning
Commission meeting. If you have any questions regarding t_lis notice,
please contact the Planning Department at 866-2140.
Sincerely,
ARTHUR A. K%E
PIJINNING DIRECTOR
ld/lj
cC: Douglas Tr•.rk, 2220 S. Bascom Ave., Campbell, CA, 95008
Ole 1011000"_ -M,
CITY OF CAMPBEI1.
70 N O R T H F I R S T STREET
CAMP BELL, CALIFORNIA 95008
(408) 866.2100
Planning
Department.
TO: David Morgan
Soundwaves
2220 S. Bascom Ave.
Campbell, CA 95008
March 16, 1987
FILE NO: UP 87-01 ADDRESS: 2220 S. Bascom
PROJECT DESCRIPTION: Auto stereo in.tallation business
SITE i ARCHITECTURAL REVIEW
APPOINTMENT: Dare: Tuesday, March 24, 1987
Time: 8:00 a.m.
PLANNING COMMISSION MEETING: 7:30 p.m., Tuesday, March 24, 1987
Please be advised that the Site and Architectural Review Committee of the
Campbell Planning Comm i. ssi.on will review your plans for approval of the
above -referenced project et the appointment time noted above, in the
Planning Conference Room, North Wing, City Hall, 70 N. First St.,
Campbell, California.
The Committee Chairman will then make a recommendation at the regular
meeting of the Planning Commission which is held at 7:36 p.m. on the
above -referenced date, in the City Hall Council Chambers, 70 N. First St.,
Campbell, California.
A copy of the Staff Report and recommendation, as well as the agenda for
the Planning Commissiun meeting will be mailed to you on Friday,
March 20, 1987.
It is iecessary that you, or an authorized representative, be present at
the Site and Architectural Review Committee meeting and the Planning
Commission meeting. If you have any questions regarding this notice,
please contact the Planning Department at 866-2140.
S,ncerely,
ARTHUR A. ICE
PLANNING DIRECTOR
ld/lj
CITY OF CAMPOE[L
70 NORTH FIRST STREET
CAMPBELL. CALIFORNIA 95008
(408)866.2100
Oepartment: Planning March 6, 1987
TO: David Morgan
Soundwaves
2220 S. Bascom Ave.
Campbell, CA 95008
RE: OP 87-01
2220 S. Bascom Ave.
Please be advised that the Planning Commission of the City of Campbell has
set the time of 7:30 p.m., or shortly thereafter, on Tuesday, March 10,
1967 for consideration of the above-refertaced application.
A copy of the agenda and the Staff Comment Sheet for this item is enclosed
for your information. It is advisable that you, or an authorized
representative, be present for said hearing.
If you have any questions, please do not hesitate to contact the Planning
Department at 866-2140.
Sincerely,
l >t�c(-
ARTRQR A. KEE
PLANNING DIRECTOR
ld/lj
Enclosures
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IN THE
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PLANNING COMMISSION
SITE A ARCHITECTURAL REVIEW COMMITTEE
DEPARTMENT COMPIENT SHEET
Corp. Yard
ARCHITECT
WILDING DATE: . J.—ary 1; 1 87
FIRE AGENDA: , Fnh.--rg in Sorg
POLICE PLEASE RETURN SY: , January 26, 1987
PUBLIC VOILKS
Redeveloomer.t Agency
APpLICANT: David Morgan /Soundwaves
ADDRESS: . 2220 S. Bascom Av.
�Camo� 11, CA 95008 TELEPHONE: 559-0220
PROPOSAL: Public hearing to consider the application of Mr. David Morgem for a
use permit to allow an auto stereo installation business to operate
from a detached garage on property known as 2220 S. 6ascom Av.
UP 87-01 in a C-2-S (General Commercial) zoning district. AFN: 288-6-6
DEPARTMENTAL RECOMMENDATIONS:
CODE REQUIREMENTS: o� Con.�(e;e QNov
/'c?%�
I1 n I -) ^ r
en. I k rvv - 1 b.e MJeD E, C c-,-) t>,-r"- CC- , ou e
PLANNING C"I SS10N
SITE L ARCHITECTURAL REVIEW COMMITTEE
DEPARTMENT COMMENT SHEET
Corp. Yard
ARCHITECT
WILDING DATE: ,lan,,ary 13. 1987
FIRE AGENDA: Fehr ary In 1QA7
_
POLICE PLEASE RETURN SY: s January 26, 1987
PUDLIC WORKS
Redevelonvnent Agency
APPLICANT: David Morgan /50undwaves
ADDRESS: . 2220 S. Bascom Av.
Campbell, CA 95008 TELEPHONE: 559-0220
PROPOSAL: Public hearing to consider the application of Mr. David Morgan fcr a
use permit to allow an auto stereo installation business to operate
from a detached garage on property known as 2220 S. Bascom Av.
UP 87-01 in a C-2-S (General Commercial) zoning district. APN: 288-6-6
�N1M�1� ar7xN5 /°H`-�.
DEPARTMENTAL RECOMMENDATIONS: / J
CODE REQUIREMENTS:
PLANNING COMWISSION
SITE { ARCHITECTURAL REVIEW CO►WITTEE
DEPARTN,LNT COMMLNT SHEET
_ Ccrp. Yard
ARCHITECT
BUILDING DATE: ,l.-- 13_ 1987
_ FIRE AGENDA: F,h ,,,y in ioaz
POLICE PLEASE RETURN By: January 26, 1987
.� PUBLIC MORXS
r
Redevelopment Agency
AppLICAh7 : David Morgan /Soundwaves
ADDRESS: i2220 S. Bascom Av.
Campbell, CA 95008 TELEPHONE: 559-0220
PROPOSAL: Public hearing to consider the application of Mr. David Morgan for a
use permit to allow an auto stereo installation business to operate
from a detached garage on property known as 2220 S. Bascom Av.
UP 87-01 in a '-2-S (General Commercial) zoning district. APN: 288-6-6
DEPkRTNENTAL R1:COFMENDATIONS:
CODE REQUIREMENTS:,Jr'✓y
,awr.� &-- --
J
PLANNING COMMISSION
SITE t ARCHITECTURAL R7:VIEu COMMI?TEE
DEPARTMENT COMMENT SHEET
_ Corp. Yard
ARCHITECT
BUILDING DATE: Jan„arms 11. 1987
FIRE AGENDA: Fnh y in ioA7
POLICE ?LEASE RETURN BY: January 26, 1987
PUBLIC WORKS
Redevelopment Agency
APPLICANT: David Morgan /Soundwaves
ADDRESS: . 2220 S. Bascom Av.
`Campbell, CA 95008 TELEPHONE: 559-0220
PROPOSAL: Public hearing to consider the application of Mr. David Morgan for a
use permit to allow an autG stereo installation business to operate
from a detached garage on property known as 2220 S. Bascom Av.
UP 87-01 in a C-2-S (General Commercial) zoning district. APN: 288-6-6
DEPARTMENTAL RECOMMENDATIONS: n 7' c - L f' c .l ( , .)'s" Z
CODE REQUIREMENTS:
PLANNING COMMISSION
SITE 6 ARCHITECTUkAL REVIEW COMMITTEE
DEPARTMENT COMMENT SHEET
_ Corp. Yard
- ARCHITECT
vUILDING DATE: .laniiary i3_ lgg7
SIRE AGENDA:
�.Y POLICE PLEASE RETURN BY: t January 26, 1987
PUILIC WORKS
Redeveloocnert Agency
APPLICANT: , David Mcrgan /Soundwaves
ADDRESS: , 2220 S. Bascom Av.
—Campbell, CA 95008 TELEPHONE: 559-0220
PROPOSAL: Public hearing to consider the application of Mr. David Morgan for a
use permit to allow an auto stereo installation business .o operate
from a detached qarage on property known as 2220 S. Bascom Av.
UP 87-01 in a C-2-S (Geieral Commercial) zoning district. APN: 288-6-6
DEPARTMENTAL RECOMMENDATIONS:
CODE REQUIREMENTS:_ ���= crY✓.Nch�T_� .
f5viti,
jA' J
i
t
CAMP
j
■i
AIV IIF II-XV1I'Il1:l l
10 NOR TM FIRST STREET
CAM PBEL L. CALIFORNIA 95008
(408) 866 2 10 0
Depa.unem Planning January 21, 1987
NOTICE. OF HEARINGS
Notice is her.by given that the Planning Commission of the City
of Campbell has set the time of 7:30 p.m., or shortly thereafter,
on Tuesday, February 10, 1987 in the City Ball Council Chambers, 70 N. First St.,
Campbell, California, for public hearing to consider the following
proposed projects:
1. UP 87-01 - 2220 S. Bas n Ave. - Mr. David Horgan - use permit
to allow auto stereo i-stallation business to operate from
detached garage - C-2-S (General Commercial) Zoning District -
APN 288-h-6.
2. UP 87-02 - 251 Llewellyn Ave. - Eastfield Children's Center use permit to allow construction of a Clinical Services
Building, - P-F (Public Facilities) Zoning District -
APN 305-17-007 A Negative Declaration has been prepared
for this project.
7. S 87-1 - 409 E. Hamilton Ave. - Mr. Kent Kirkorian -
Site and Architectural application to allow conntruction of
office building - C-I-S Zoning District - APR 279-30-049.
A Negative Declaration has been prepared for this project.
Plans, elevations, legal descriptions, and other supporting documentation
is on file in the Planning Office. 70 S. First St., Campbell, California.
Interested persons may attend this meeting and be heard. Please
be advised that if you challenge the nature of any of the above
projects in court, you may be limited to raising only those issues
you or someone else raised at the puhli. hearing described in
this notice, or in written corresponden,e delivered to the City
of Campbell Planning Commission at, cr prior to. the public hearing.
Questions may he addressed to the Planning Office at 866-2140.
CTTY OF CAMPBELL
PLANNING COMMISSION
ARTHUR A. REE
SECRETARY
PUBLISH ONE -rIHF: WF.DNF.S JAN"Ahf 28, 1987
EXTRA SE(r1ON
PLANNING COMMISSION
SITE L ARCHITECTURAL REVIEW COMMITTEE
DE
PARTMENT COMMENT SHEET
Corp. Yard
ARCHITECT
BUILDING DATE: . ,lanuary 13_ 1987
_ FIRE AGENDA: Fu 6 —, In 1407
POLICE PLEASE RETURN 1Y: , January 26, 1987
►USLIC MORXS
Redevelonmert Agency
APPLICAA?: . David Morgan /Soundwaves
ADDRESS: , 2220 S. Bascom Av.
Campbell, CA 95008 TELEPHONE' 559-0220
PROPOSAL: Public hearinq to consider the application of Mr. David Morgan for a
use permit to allow an auto stereo installation business to operate
from a detached qarage on property known as 2220 S. Bascom Av.
UP s17-01 in a C-2-S ((eneral Commercial) zoring district. APN: 288-6-6
DEPARTMENTAL RECOWENDATIONS:
CODE REQUIREMENTS:
■p
LLrY OF CAMPBELL, CALIFORNIA
NOTICE OF EXEMPTION
TO: Secretary for Resources FROM: CITY OF CAMPBELL
1416 Ninth St., Rm. 1311 PLANNING DEPARTMENT
Sacramento, CA 95814 70 N. FIRST ST.
CAMPBELL CA 95008 .
-Yi County Clerk's Office
Santa Clara County
191 N. First St.
San Jose, CA 95113
PROJECT TITLE: UP R7-01
PROJECT LOCATION: Specific 2220 S. Bascom Av.
PROJECT LOCATION: City Campbell County Santa Clara'
DESCRIPTION OF NATURE, PURPOSE AND BENEFICIARIES OF PROJECT:
llca oprmit to allow a r r r J1* ti garage
NAME OF PUBLIC AGENCY APPROVING PROJECT: Cit of Ca bell
ann ng omm ssion
NAME OF PERSON/AGENCY CARRYING OUT PROJECT: David Morgan
EXEMPT STATUS (Check One): Ministerial (Sec. 15073)
—_ Declared Emergencv (Sec. 15071(a)&(c))
Emergency Project (Sec. 15071 (b)&(C))
JCJ� Categorical Exemption - State Type &
Section Number Class 1 15301(a)
REASONS WHY PROJECT IS EXEMPT:
Intprlpr mndifiratin— nnIV _
CONTACT PERSON: Mart$ t!—i—th TEL. NO.:
(408) 866-2140
IF FILED b. APPLICANT: 1. Attach certified document of exemption
finding.
2. Has a notice of exemption finding been
filed by the public agency approving
the projeccl _ Yes _ No.
DATE RECEIVED FOR FILING:
SIGNATURE:
TITLE:
CITY
OF
CAMPBEEC
70 NORTH
FIRST STREET
CA 6; POE LL. CALIFORNIA 95008
1408,889-2100
Planning
iDepart—t
David Morgan
Soundwaves
2220 S. Bascom Av.
Campbell, CA 95008
RE: OUR FILE NO. UP 37-01
APPLICATION FOR 2220 S. Bascom Av.
February 5, 1987
Dear Mr. Morgan
Pursuant to Sectim 6S943 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 questions regarding this letter, please feel free to
contact the Campbell Planning Department.
Very truly yours,
ARTHIR A. KEE
PLANNING DIRECTOR
PJS:lp
Planning January 30, 1987
NOTICE OF HEARING
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, February 10, 1987 in the City Hall Council Chambers,
70 N. First St., Campbell, California for public tearing to consider
the application of Mr. David Morgan for a Use Permit to allow
an alto stereo installation business to operate from a detached
garage on property known as 2220 S. Bascom Ave. in a C-2-S
(General Commercial) Zoning District. APN 288-6-6 (11P 87-01)
A Negative Declaration has been prepared for this project. Plans,
elevations, legal descriptions, and other supporting documentation
is on file in the Planning Department, 70 N. First St., Campbell,
California.
Interested persons may appear and be heard at this hearing. Please
be advised that if you challenge the nature of the above project
in court, you may be limited to raising only those issues you
or someone else raised at the public hearing described in this
Notice, or in written correspondence delivered to the City of
Campbell Planning Commission at, or prior to, the public hearing.
Questions may be addressed to the Planning Office at 866-2140.
PLANNING COMMISSION
CIITTY OF CALMPPB-ELL
ARTHUR A. KEE
SECRETARY
DA7 i AAA1LLU
2220 S BASCOM AV UP 57-01
z C MTG: 2-10-87
�
JAN 30 1987
TOMASELLO FRANK J 6 HELENA
CARUSA STEPHEN A 6 FLORENCE
GRUNDMAN RONALD W 6 SUSAN
T 6 H ASSOC
1069 RENT DR
1110 BENT DR
2270 S BASCOM AV
CAMPBELL CA 95008
CAMPBELL CA 95008
CAMPBELL CA 95008
APN 288-06-038
APN 288-06-048
APN 288-06-001
CLARIZIO FRANK 6 LILY
CHARGIN JOHN M 6 ELIZABETH
VERNON JOHN C 6 HELGA
2025 WILLESTER AV
1059 BENT DR
1097 CAMEO DR
SAN JOSE CA 95124
CAMPBELL CA 95008
CAMPBELL CA 95008
APN 288-06-004, 005
APN 288-06-039
APN 288-06-068
MARINO CHARLES .A.'& PATRICIA
HENDERSON WILLIAM M 6 GLORIA
BURTIS ROBERT C
2220 S BASCOM AV
245 MONETA WY
272 MONETA WY
CAMPBELL CA 95008
CAMPBELL CA 95008
CAMPBELL CA 95008
APN 288-Of-006
APN 288-06-040
APN 288-06-069
BATE RUSSELL M 6 MARY L
SWEET ROBERT W 6 SUSAN
MERINO LARRY 6 MARIE
136Y9 SARAHILLS DR
259 MONETA WY
2190 S BASCOM AV
SARATOGA CA 95070
CAMPBELL CA 95008
CAMPBEIL CA 95008
APN 288-06-007; 008
APN 288-06-041
APN 288-06-070
TAKATA MASAKICHI d YOSO
ZEBB PAUL M
RODRIGUES HORACIO d HILDA
1042 SHADY DALE AV
273 MONETA WY
1109 KENDAL CT
CAMPBELL CA 95008
CAMPBELL CA 95008
SAN JOSE CA 95120
APN 288-06-011
APN 288-06-042
APN 288-06-071
WAGNER JOHN W 6 VIVIAN
LEETHAM JOEL E 6 MERLYN
WENTZ CONSTRUCTION INC
1058 SHADY DALE AV
285 MONETA WY
633 ALMOND AV
CA?U'-'LL CA 95008
CAMPBELL CA 95008
LOS ALTOS CA 94022
APN 2t$8-06-012
APN 288-06-043
APN 288-05-047
PURNELL CHARLIE 6 LOUISE
SCOTT STUART 6 DOLORES
AMBROSE GINA
1070 SHADY DALE AV
297 MONETA WY
973 APRICOT AV
CAMPBELL CA 95008
CAMPBELL CA 95008
CAMPBELL CA 95008
APN 288-06-013
APN 288-06-044
APN 413-44-100
GEIMA JOSEPH JR 6 TANYA
DALEY ROSIE B
MADDEN MARK S 6 DALE
2160 S BASCUM AV
323 6JFETA WY
2175 S BASCOM AV
CAMPBELL CA 95008
CAMPBELL CA 95008
CAMPBELL CA 95000
APN 288-06-014
APN 288-06-045
APN 413-44-120
BROWN MARK C
CALVERT WADE P 6 RUTH
HERTZ MARTIN ETAL
1097 BENT DR
1082 BENT DR
FRAGOMENI FRANK JR
CAMPBELL CA 95008
CAMPBELL CA 95008
P 0 BOX 5805 TA
APN 288-06-036
APN 288-06-046
DENVER CO 80217
APN 413-68-003
WOLF ROGER ET AL
GOLDBERG LARRY S 6 ALENE
HERTZ MARTIN ET AL
1083 BENT DR
1096 BENT DR
FRAGOMENI FRANK JR
CAMPBELL CA 95008
CAYTBELL CA 95008
87 HUN:'LEIGH RD
APN 288-06-037
APN 288-06-047
FIEDMCyT CA 94611
APN 413-68-004
2220 S BASCOM AVE UP 87-01
PAGE 2 i
ALL CALIFORNIA TITLE CO
2255 S BASCOM AV
CAMPBELL CA 95008
APN 413-68-005
BASCOM ASSOCIATES
100 N WINCHESTER BL #1
SAN JOSE CA 95128
APN 413-68-007
CEDAR GLEN ASSOCIATES
DKD PROP MGMT CO
120 W MISSION ST #210
SAN JOSE CA 95110
APN 413-68-008
PLANNING COMMISSION
APPLICATION
PLEASE NOTE: STAFF IS REQUIRED BY STATE LAW TO *DTIFY APPLICANTS OF THE
LDS OF THEIR APPLICATIONS. ONLY TFFSE APPLICATIONS WHICH ARE
FOUND TO BE COMPLETE CAN BE POSTED ON A PLANNING COMISSION AGENDA.
DATE:' 1-2- F % FILE NO:
PROPERTY IMATION: '�C) S . j�/� Sl�iyl C E APN:
rf43E1-L Lii 95 -"! ZONING:
APPLICATION:
Architectural Approval I/ Use Permit
Planned Development Permit Zone Change
General Plan Amendment Variance
Other:
-------------------------------------
APPLICANT:
Name: )R i D rN I)R&AN / Spt/nl>(( A✓cS Telephone:
Address: VA,�-e S +/15!'O,41 46 t
City/State: �/+ff��tLC, rx " Zip: —q<oy _
-------------------------------------
PROPERTY OWNER:
Name: T)OL'e ehs ti i D/�K Telephone: ?i 77-�4
Address: 5. j?4scrn AIL
City/State: rj;A/ ?ei-L ('/J Zip:
-------------------------------------
I/We the undersigned person(s) having an interest in the above described
property hereby make the above application(s) in accordance with the pro-
visiors of the Campbell Mlmicipal ODde, and I/We hereby certify that the
information given herein is true and correct the t of my/our know-
ledge and belief.
REC.kA7ppcant 51"tuft_ to
AMT. A / - 2 i 7
eA-5ngrfatureFroP0rTy,10wnjDate
7
CONTRIBUTION DISCLOSURE FORM
CITY OF CAMPBELL PLANNING COMMISSION OR
/ CITY COUNCIL
I. 111 IF CONTRIBUTIONS TOTALING $250 HAVE NOT BEEN MADE,
CHECK HERE, AND S'GN BELOW IN SECTION III.
II. TO BE COMPLETED ONLY IF CONTRIBUTIONS TOTALING $250 OR MORE
HAVE BEEN MADE.
YOUR NAME:
YOUR ADDRESS: _
TELEPHONE NO: _
APPLICATIO" /
PROJECT ADDRESS:
ZIP:
LIST COMMISSION AND/OR COUNCIL MEMBER(S) TO WHOM YOU AND/OR
YOUR AGENT MADE CAMPAIGN CONTRIBUTIONS TOTALING $250 OR
MORE, AND THE DATES OF THOSE CONTRIBUTIONS.
NAME OF MEMBER:
NAME OF CONTRIBUTOR
(if other than yourself): (1)
DATE(S):
AMOUNT(S):
NAME OF MEMBER:
NAME OF CONTRIBUTOR (2)
(if other than yourself): _
DATE(S):
AMOUNT(S):
NAME OF MEMBER:
NAME OF CONTRIBUTOR (3)
(if other than yourself):
DDATE(SS):
_
4na(Si*
lure o Applica;/1,n (Date) l
EIR-1
C f OF CAMPBELL. CALIFORNIA
INITIAL STUDY
ENVIRONMENTAL "'vORMATION FORM - TO BE COMPLETED BY APPLICANT
Date Filed: '2- -7
GENERAL INFORMATION:
1. Name and address of developer or project sponsor:
2. Address f project:
Assessc 's Block and Lot Number a-C
3. Name, address, and telephone number of person to be contacted
concerning this project: 7-220 S t�ASCu✓�i At/E 317-34if
:'L'✓CIJI> TLnk 't- n/iL-n />1pC )9A; Co4tne?E41-, !N '1Sc•ab' TS'3 C220
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):
6,44 Sic7CEC 1Av5i1?44A7-, '-��✓vJu��+�ts
PROJECT DESCRIPTION (ATTACHED ADDITIONAL SHEETS IF NECESSARY)
B. 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. Associated projects.
15. Anticipated incremental development.
1 of 3 pages
I�
16. If residential, include the number of twits, schedule of unit
sizes, range of gale 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
loadinE 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.
_ , ✓ 22. Change in scenic views or vistas from existing
residential areas or public lands or roads.
v 23. Change in pattern, scale or character of general
area of project.
✓ 24. Significant amounts of solid waste or litter
i/ 25. Change in dust, ash, smoke, fumes or odors in
vicinity.
26. Change in ocean, bay, lake, stream or ground water
quality or qu,-nity, 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 in slope of 10% or more.
29. Use of disposal of potentially hazardous materials,
such as toxic substances, flammables or explosives.
30. Substantial change in demand for municipal services
(police, fire, water, sewage, etc.)
�[ 31. Substantially increase fossil fuel cc.nsumption
(electricity, oil, natural gas, etc.)
32. Relationship to a larger project or se:tes of projects.
I
2 of 3 pages
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 ano animals and siiy cultural, historical or scenic
aspects. Indicate the type of land use (residential, commercial,
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 polaroid photos will be
accepted.
CERTIFICATION
I hereb,, certify that the statements furnished above and in the
attaches exhibits present the data and information required for
this ir:i.tial 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.
/ - Z - X 7 2us'
Date S i grfatwft
'DR d' (> ry.'146 4 k'
For
3 of 3 pages
7
ADDITIONAL INFORMATION TO BE PROVIDED FOR ARC%ITECTURAL
APPROVAL BY CAMPBELL PLANNING COMMISSION
A, Lot Size - indicate:
/0,�3'_ 1. Gross lot area.
2. Net lot area (after any required dedication to the City).
B. Floor Area - Commercial/Office/Industrial Projects (if applicable),
indicate:
_ 1. Gross floor area - by each floor and tot:.) building.
2. Net leasable floor area - by each floor and total building.
C. Residential Proje--.t Information (if applicable), indicate:
_ 1. Number of units.
_ 2. Square footage of individual units.
3. Number of bedrooms per unit.
D. Parking - indicate the number of perking stalls as follows:
1. Standard:
_ Compact:
Handicapped . . . . . Total: Z
' 2. Covered:
Uncovered: . . . . . Total: r.
E. Site Utilization - indicate:
1. Sq.Ft. Percentage
Building coverage i
Landscaping Coverage
Paving Coverage ! I
Total ... 10 U', ' _100\_
F. Surrounding Land Uses - indicate lsnd uses surrounding site
as follows:
I
_ 1. Front $ :5r-o `'
2. Left Side SE L'S ! HAIL✓
_ 3. Right Side ;:/�tJrwGtA2 /<' :(!q; •�h�
A. Rear APOWOX. -Ac• • St l '5 •C IA)JS'AFW6 'F SuNFt n:•e.! R in PAdjNb
Ai7Lk l'�r Ir iS 1 e-IDIA/7[At- -eLAa YARDS
G. Photographs-- Provide photographs of the property and the adjacent
properties. Indicate the subject of each photo.
CHECK SHEET OF ITFMS TO BE PROVIDED ON PLANS SUBMITTED FOR
ARCHITECTURAL APPROVAL BY CAMPBELL PLANNING COM24ISSION
A. Plot Plan Clcarly Showing:
_ 1. Dimensions of property.
_ 2. Location of proposed building(s).
_ 3. Location of any existing buildings to remain.
_ 4. Dimensions of proposed and existing buildings.
_ 5. Setbacks - indicate all setbacks from property
lines and buildings.
_ 6. Separation between all structures.
_ 7. Existing driveways and/or other proposed
ingress/egress designs.
_ B. Parking - location and dimension of spaces
and aisles in accord with design standards
of the Zoning Code.
_ 9. Loading space, if applicable.
_ 10. Paved areas - proposed or existing walkways
and driveways.
_ 11. Nearest intersection Idistance to such street).
_ 12. Landscape areas (location, condition, and size
of existing trees must be indicated).
_ 13. Fencing, existing and proposed.
_ 14. Scale of map and directional arrow.
_ 15. Location of buildings on adjacent properties.
_ 16. Location and design of trash enclosure area(s).
_ 17. Location of bicycle or motorcycle parking areas
for parking facilities with more than 20 parking
spaces.
B. Elevations--- Front, Side and Rear, Indicating:
_ 1. Dimensions of all buildings.
2. Height of all buildings.
_ 3. Type of construction (indicate all exterior materials
to be used).
_ 4. Proposed use of building (office, retail sales,
warehouse, etc.).
_ 5. Color of proposed and existing buildings.
_ 6. Indication of all above surface transformers, utility
meters, and communication equipment).
7. Handicapped access.
C. Floor Plan
1. Preliminary floor plan.
D. Sample Board
Applicant to provide a sample board with actual samples of
materials, textures, and colors. (Maximum 11" x 17" format.)
All A-15 CAUFORNIA TITLE COMPANY 1rc
2255 S. Bascom Ave. - Campbell. California 95008 - (408) 559-3424
PRELIMINARY REPORT ESCROW No. 16175 JV
TO CHUCK MARINO ESCROW OFFICER Joyce Vosters
2220 S. Bascom
San Jose, CA TITLE OFFICER R. Amaral
BUYER TURKK; RD�oug 6
SITUS: 2220 S: E3a scam Ave.
In response to the above referenced application of title insurance. All -California Title Company hereby reports
that it is prepared to issue, or cause to be issued. as of the date hereof, a Policy or Policies of Title Insurance
describing the land and the estate or interest therein set forth, insuring against loss which may be sustained by
reason of any defect. lien or encumbrance not shown or referred to as an Exception below or not excluded from
coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage of said Pol-cy or Policies are set forth in Exhibit A
attached. CoDies of the Policies Forms should be read. They are available from the office that issued this
repon.
This report ;and any supplements or amendments hereto) is ;ssued solely for the purpose of facilitating the
.ssuance of a policy of title insurance and no liability is assumed hereby. It it is desired that liability be
assumed prior to the issuance of a policy of title insurance. a Binder or Commitment should be requested.
This report s subject to a $150.00 cancellation fee as regw•ed by Section 12404 of the Insurance Code and
Rule 2 of the Lepartment of Insurance Bu'letin NS-35E.
Date as of August 22 19 86 at 7:30 a.m.
The form of policy of title insurance contemplate:: by this report is: ALTA and or CLTA.
The estate rr interest in the land hereinafter described or referred to covered by this Report is: A FEE.
Title to said estate or interest at the date hereo! is vested in'.
CHARLES A. MARINO AND PATRICIA A. MARINO, his wife, in Joint Tenancy
The land referred to in this Report is situated in the State of California. County of Sants Clara, and is described
as follows.
See Exhibit 'Afor Legal Description
16175 JV
E%NIBIT "A"
The lard referred to herein is situated in the City of Campbell, County of Santa
Clara, State of California, and is described as follows:
Beginning at a point in the centerline of the San Jose and Los Gatos Road, 60
feet wide distant thereon North 87.79 feet from the southwesterly corner of
Lot' 10 of the Johnson Subdivision as shown upon the Map thereof of record in
Book "A" of Maps, page 37, Santa Clara County Records, said corner of Lot 10
also being the Southwesterly corner of that certain 5.0053 acre tract conveyed
b;, Saverio San Filippo, et ux, to Salvadore San Filippo by deed dated May 19,
1941 and recorded in Book 1036 of official Records, page 570, Santa Clara County
Records; thence from said point of beginning running at right angles to said
line of said road, Fast 206.90 feet; thence at right angles North 75.00 feet
to the Northerly line of said 5.0053 acre tract; thence West along said last
mentioned line, 206.90 feet to said centerline of the San Jose and Los Gatos
Road; thence South along said line of said road 75.U0 feet to the point of
beginning and being a portion of said Lot 10 of the Johnson Subdivision as
shown upon the Map thereof hereinabove referred to.
i.
16175 Jv
Al the date hereof except.ons to rage in addition to the printed Exceptil fnd Exclusions in said policy
form would be as follows.
1. Taxes for the fiscal year 1986/87, a lien, but not yet due or payable.
2. Any amounts which may be added to the property tax amounts for fiscal year
1979-80 and 1980-81,
and 1982-83 by reason of a reappraisal of any improve-
ments added to, or
change of ownership of, the hereindescribed premises
subsequent to March
1, 1975.
3. "The lien of supplemental taxes, if any, assessed pursuant to the provisi,ns
of Section 75, et.
seq. of the Revenue and Taxation Code of the State of
California".
4. An easement for
a right of way and easement for public street
and road purposes
In favor of
Joseph Pizzo and Mary S. Pizzo,
his wife
Recorded
September 2, 1964, in Book 6647 of Official Records,
Page 626
Affects
in, over, upon and across the Westerly 58.06 veet
of the premises
5. An easement for
right of way and easement for Public Street and
Road Purposes
In favor of
Chuck .Marino and Patricia A. Mat..,o
Recorded
July 17, 1968, in Book 8194 of Official Records,
Page 329.
Affects
Beginning at the Southwest corner of said parcel of
land, said corner being a point on the centerline of
Bascom Avenue, thence from said point East 73.0
feet, thence North at right angles i5.0 feet, thence
west, at right angles, 73.0 feet to a point in the
centerline of Bascom Avenue; thence South at right
angles 75.0 feet to the point o_ beginning.
6. Deed of Trust to secure an indebtedness of $58,000.00 and any other trusts
therein set forth,
Recorded June 27, 1977, in Book C949 of Of..cial Records,
Page 108;
ated
June 17, 1977
Trustor(s�
CHARLES A. MARINO AND CATRICIA L. MARINO,
who are married to each other
Trustee
: CONTINENTAL AUXILIARY COMPANY,
a California corporation
Beneficiary
BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION,
a National Banking Association
Loan No.
95124
(Cambrian Park #494, 14396 Union Ave., San Jose, CA
95124)
Request for copy of
any Notice of Default and of any Notice of Sale thereunder:
Recorded
July 28, 1982, in Book G927 of Official Records, Page 206
Be mailed to
San Francisco Federal Savings & Loan Association
a federal savings and loan association
Address
Post and Kearny Streets, San Francisco, CA 94104
NO. 6-CONTINUED»»>
16175 JV
Request for copy of any Notice of Default and of any Notice of Sale thereunder:
Recorded July 30, 1982, in Pook G933 of Official Records, Page 613
Be mailed to Walter J. Doyle
Address 2432 Michele Jean Way
Santa Clara, CA 95050
Reque=t for copy of any Notice of Default and of any Notice of Sale thereunder:
Recorded April 24, 1985, in Book J326 of Official Records, Page 1933
Be mailed to SAN FRANCISCO FEDERAL SAVINGS
Address 50 O'Farrell Street
San Francisco, Ca. 95108
7. Deed of Trust to secure an indebtedness of $35,000.00 and any other trusts
therein set forth, Recorded April 24, 1985, in Book J326 of Official Records,
Page 1927;
Dated April 8, 1985
Trustor(s) CHARLES A. MARINO AND PATRICIA MARINO,
his wife
Trustee SAN FRAJCISCO AUXILIARY CORPORATION,
a California corporation
Beneficiary SAN FRANCISCO FEDERAL SAVINGS AND LOAN ASSOCIATION,
a corporation
Wan No. 0100502912
(50 O'Farrell Street, San Francisco, CA 94108)
8. The obtaining of 3 Statement of Information from the Vestees herein.
NOTES:
I
tl In order to complete the Name Search on the Buyers under the above Escrow, a
Statement of Information wit' be required by this Company.
#2 The last recorded instrument conveying record title to the premises is:
GRANT DEED (JOINT TENANCY), executed by JOSEPH PIZZO AND MARY S. PIZZO, his
wife, Grantors, to CHARLES A. MARINO AND PATRICIA A. MARINO, his wife, in
Joint Tenancy, Grantees, recorded January 12, 1968, in Book 7992 of Official
Records, at Page 179.
The last conveyances affecting said land recorded within the last six months,
prior to the date of this report are: NONE.
{3 Taxes for the fiscal year 1985/86 as follows:
Bill No. 288-06-006, Code Area 10-A8
First Installment $381.28 PAID
Second Installment $381.28 PAID
Exemption: $7,000.00
4/24/85 ST ARB No. 280-56-177
RA/rc 9/18/86
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RECEIPT
CITY OF CAMPBELL
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FUND NUMBER
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CITY OF CAMPBELL
70 NORTH FIRST STREET
CAMPBELL, CALIFORNIA 95008
(408)866-2100
Department: Planning October 29, 1986
Owner/Manager
22W S. Bascom Ave.
Campbell, CA 95008
PE: 22W S. Bascom Ave.
Dear sir or Madam:
A recent inspec`.ion of the area has indicated that you are
starting a new business at the above referenced address.
The zoning allows an offico or retail use completely within
an enclosed building. However, if your business entails
stereo installation in autos or auto repair a use permit
would be required. Also, a sign permit is required prior
to the construction of any signs and a business license must
be applied for.
Please contact me at 866-2140 by November 6, 1986 to discuss
this matter.
Sincerely,
ARTHUR A. KEE
PLANNING DIRECTOR
MARTY C.-itOODMORTH
PLANNER II
MCW:lj
CITY OF CAMPBELL
75 NORTH CENTPAL AVENUE
CAM P 8 E LL, CALIFORNIA -5008
(408) 378-8141
O*psrtmsnt: Planning
Owner/Manager January 12, 1984
Foster's Freeze
2200 S. Bascom Avenue
Campbell, CA 95008
RE: CARD CONTAINER ON COMMERCIAL PROPERTY
2200 S. BASCOM AVENUE
Dear Sir:
In November of 1983, you Mere notified that a cargo container on
the above referenced site required City approval, unless you could
establish that it was approved by the County prior to annexation to
the City. You were given 30 days to resolv:: the matter. However,
no information has been submitted to date.
Please be advised that within 15 days you must:
1. Submit an application for the container; or,
2. Provide proof that this was approved/allowed by the County
prior to annexation to the City; or,
3. Remove the container.
Failure to do any of the above will result in this matter being
referred to the City Attorney for further action.
If you have any questions, please contact the Planning Office.
Sincerely,
ARTHUR A. KEE
PLANNING DIRECTOR
MARIY �POODWORTH
PLANNER II
at
NON -CERTIFIED
CITY OF CAMPBELL
75 NORTH CENTRAL AVENUE CERTIFIED
C AMP
8EL L, CALIFORNIA 95008
(408) 378-8141
I
Oepanment: planning
Argtost 1 , 1983
Owner/Manager
Foster's Freeze
2200 S. Bascom Ave.
Campbell, CA 9SO08
RE: CARGO CONTAINER ON INDUSTRIAL OR COMMERCIAL PROPERTY
Dear Owner/Manager:
It has been brought to the attention of the Planning Department
that a cargo container(s) has been located on the property as
referenced above. These containers are only allowed in industrial
and/or commercial properties subject to approval of a Site and
Architectural Review application by the Planning Commission.
Please be advised that within 30 days (on or before September 11, 1983)
you must:
1. Remove the container from the property, or;
2. Submit an application for Site and Architectural approval.
Failure to do either of the above will result in this mutter being
referred to the City Attorney.
Your cooperation will be appreciated. If you have any questions, please
do not hesitate to contact the Planning Department.
Very truly yours,
ARTNUR A. KEE
PLANNING DIRECTOR
/x lLi�lU��,lu�u�
MARTY WOODWORTN
PLANNER II
MCW:jC
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