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UP 88-03
CITY OF CAMPBELL 2200 S. BASCOM AVE. UP 88-03 1 of 6 2 `- b ip-lir0'61 2200 S BA'6COM AVE UP 88-03 _ FOSTERS FREEZE APPLICANT: DACARA INC. DBA FOSTERS FREEZE 455-1684 16084 SHARON LANE SALINAS CA 93908 OWNER; RUSSELL 6 MARY BATE 13699 SARAHILLS DR SARATOGA CA 95070 ALSO NOTIFY: MR JAMES CHAO, AIA 1136 KEITH AV BERKELEY CA 94708 CITY (OF CAM1111FIA 70 NORTH F- IRST STREET CAMPBELL, CALIFORNIA 95008 (408)866.1 100 Department: Building September 14, 1989 Cambrian School District 4115 Jacksol Drive San Jose, CA 95124 Attn: C.R. Towner SUBJECT: 2200 S. Bascom Ave, Campbell, School Fees Enclosed is a letter from DACARA, Inc to the City of Campbell, Building Division requesting cancellation of their project at the subject address. The Building Division has cancelled this project and will not renew the application unless school fees have been shown to be re -paid and a clearance has been obtained from your office. This letter has been sent at the request of. William D. Abbott, President, DACARA Inc, whom will be requesting a refund of fees paid for this project. If I may be of any further assistance with this matter please call at 866-2130. PC:db cc: Planning Dept. Tim Haley Very truly yours, Frank B. Cauthorn, Building Official �'.�� -Phil Co Ln Sr. Building Inspector MOVEDSFF 1 OIYY OF' CAMPiaELL PLANNING DCPAMTMCM DACARA Inc. dba Fosters Freezes 9 1, 166 & 228 15084 Sharon Lane Salinas, CA 93908 Sept. 7, 1989 Mr Phil Coggins Planning Dept City of Campbell 70 North First St Campbell, CA 95008 Sir, I regret to inform you that the DACARA board has cancelled the Fosters project at 2200 S. Bascom Ave due to financing difficulties. As wt discu ;sed on the phone, I would appreciate you contacting C. B. Towner of the Cambrian School District with the proper verification of this cancellation. Thank you. Sincer::ly, William D. Abbott President MEMORANDUM � CITY OF CAMPBELL To: SITE AND ARCHITECTURAL REVIEW COMMITTEE Date. NOVEMBER 18, 1988 Frain: PLANNING STAFF Subi, UP 88-0" 2200 S. BASCOM STAFF RECOMMENDATION That the Committee approve this landscape plan as redlined. STAFF DISCUSSION At i � meeting of Jnly 26. 1988, the Planning Commission, approved the applicant's proposal to construct a drive -through restaura t on the project site. Conditions required the submittal of a landscape and irrigation plan for the Committee's approval. Additionally, the applicant was to submit a fencing and parking barricade plan for the Connittee's approval. The applicant has submitted a landscape and irrigation plan. Generally, Staff is of the opinion that this plan addresses the landscaping conditions for this project and is re-omnending its approval subject to the following changes: 1. Changing the proposed tree type at the northeasterly corner cf the project to a screening shrub rather than a tree. 2. Introduction Potentilla Verna ground cover to the planting areas along the Bascom Avenue frontage. The Landscape Advisor's comments were not available at the time this report was written. Additionally, as of this writing, the applicant has not submitted his fencing proposal or parking barricade proposal for this project. n c ,t w Site and Architectural Review Comm)Ltee City of Campbell 70 North First Street Campbell. C. 95008 November 21, 1988 015 01TY OF L:Ahf,EjF_L PLANNING DEPARTMENT Rm: landscape plan UPSS-03 Foeter'w Freeze 220C S. Bascom w a.. Campbell Calif. Review data: Nov. 22, )988 Deborah Ellis Horticultural ConSUl�ani GENERAL: In moat in&tenc&o, the designer has tried to use drought tolerant plents and a drip irrigation system. However there ors sows things that should be revised in order to .,old problems in the future lend ace pa. PLANTING: EAST PERIMETER: I see use that a screen..-, effect is desired hers. Csnery island p.'n&s are, proposed to be planted about 13 - 15 fast •pert. This Brae is only ilvs feat wide. To avoid future pavement breakage, I suggest planting screen shrubs ha a instead of tr see, e.g. pltto&parum ougsniod&s or sole sie3l.r plant. If trees are planted here anyway. I suggest s root barrier strip betwea.) the pevsmant and the planting arms. I also suggest that any now trees within five feet of pavement (in either side of their trunk) have root barriers inmtall�d to prevent p.vament breakage <a.a the Pistachss i.) the center of the compfsx). GROUNDCOVER: pat&ntill& is to be used. Thio is s very high ,.tsr requirement groundcover that does not iit in with the rest of the plants or drought tolerant lendoceping in general. Replace it with some other groundcover such an Coprosms 'Verde Vista' or similar- S. PERIMETER: Moro shrubs needed in this .raft. Decorative boulder& and some wounding would look nice too. UNIDENTIFIED PLANTINGS: Those way be axlstlnq planting. which are to rows in. However aims they are to be included in the imp r ovod l sndscaps, we should know what they arm and if thetr condition :ill be crmpliwsntery to the rest of the lftnd&cftp&. Many Liwss 1n order to conserve money, the devaloper will retain plants in poor condition. I h ve not seen the &its, so cannot comment on th- SOIL / FERT2LIZfiR SPECS: Erroneous. Tho designer should obtain the latest information irow U.C. regarding this. PO. Box 10013 San Jose, CA 95157- i 013 (408) 378-3504 IRRIGATION SYSTEM The non-groundeover a-�eam are watered by drip irrigation, which is good. There are n-L enough emitters allocated for the individual plants. The designer should review plant water needs. U.C. hea good information on thin, ea wall ea many of the equipment manufacturers. One emitter per plant is usually not enough, because this leads to a one -aided root syet.%. Sometime. one emitter is .sad on very Deborah Ellis :mall plants when spacings ere close (i.a. one foot Hort¢ultural Consultau o.c.) Use at last three per five gallon plant, 4 - 5 per 15 gal, 6 minimum pa. box. MULCHING I did not Find any mention of this imporant component in any wstar conserving lanad:csPa. Use at hest a 2 inch deep wood chip or bark mulch in all landscape .-- P.O. Box 1100113 San Jose, CA 95157-1013 (408) 376-5584 CITY COUNCIL MEETING is SEPTEMBER 6, 1988 APPEALS Appeal of Planning Comussion decision - Conditional Use Permit to allow construction of a drive -through restaurant - 220G S. &iscom Ave. - JP 88-03 Planning Director Kee - Staff Summary Report dated 9/6/88. Appeals of the Planning Commission decision have been received from the following individuals: Thomas, June and May Takata, 1042 Shady Dale Ave. John mark rhargin, 1059 Bent Drive The Council. discussed with the staff :mitigating measures for drive -through and noise factors associated with this application, as well as hours of operation. Planning Director Kee responded to questions by the City Council. Janes Chou, architect, discussed mitigating measures, such as a proposed sound wall along the rear property line and an enclosed trash storage area. John Chargin, 1059 Bent Drive, expressed opposition to this proposal, stating that the proposed "squawk box" speaker presents a neighborhood nuisance, and the sound wall cuts off sunlight. Steve Carusa, 1069 Ben' Avenue, expressed concern regarding hours of operation, and the noise factor associated with this proposal. Bill Henderson, 245 �loneta Way, Ccmrented regarding parking, particularly during evening hours. John Wagner, 1058 Shady Dale, expressed opposition L11 this proposal. Charles Purnell, 1070 Shady Dale, expressed concern regarding potential traffic problems as 3 result of th.s project. NIS: Kotows%.i/Ashworth - to uphold the Planning Ccurussion recommendation, and to adopt findings as proposed by the City Attorney, dated August 8, 1988, with the following added conditions: S p'..- W114 - r �- r� f) hours of operation are restricted to betwee,, 7:00 a.m. and 10:00 p.m.; g) the voles of the =oeaker box shall be controlled so as not to be heard beyond the boundary of this property. bbtion adopted by the following roll call vote,: AYES: Counciimmibers: Kotowski, Ashworth, Conant NOFS: Councilmembers: Watson AI3=: Counciimernbers: None . ,.,,.e.�%,_ P r • CITY OF CAMPBELL — COUNCIL REPORT Meeting Data: September 6, 1988 Item 0 Categery: APPEALS InMating Dept: Planning Title: Appeal of Planning Commission decision - Conditional use Permit to allow construction of a drive-thru restaurant - 2200 S. Bascom Ave. - UP 88-03. PLANNING COMMISSION RECOrMENDATION That the City Council uphold the derision of the Planning Commission approving the construction of a drive-thru ra:ataurant at 2200 S. Bascom Ave. DISCUSSION The Planning Commission, at its meeting of July 26, 1988, adopted Resolution No. 2543 conditionally approving a use permit 'o construct a drive-thru restaurant on the subject property. The propos. ' project would replace an existing drive-in restaurant and would share parking facilities and driveways with an existing See's Candy store to the south of the existing Foster's Freeze restaurant. The applicant's proposal is to construct a new drive-thru restaurant on the project site. The proposed two -store building is situated towards the Bascom Avenue frontage with the drive-thru .Lane accomodated alone the rear and north side of the building. The building elevations indicate a stepped cubical shaped building with tan stucco wall::. A stepped sound wall is provided between the proposed drive-thru and rear parking area. The site plan ineicates that approximately 25 perc:nt of the project would be landscaped. A 1,' landscape buffer is provided along the street frontage and a 5' planting area is provided along the rear property line. The proposed restaurant would accomodate 93 seats, with seating shown on the first and second floor and an outside deck area toward Bascom Avenue. The applicant has provided 44 parking spaces for the proposed restaurant and adjacent retail use. -he Commission is of the opinion that the proposed parking is adequate. The architectural advisor is of the opinion, that the building design is superior and innovative. UP 88-03 10 a 2200 S. Bascom Avenue CC Mtg: 9-6-88 Page 2 Two letters rppealing the Planning Commissiun`s decision are attached for the City Council.'s information. Generally, those appealing the Commission decision feel that the proposed drive-thru restaurant will not be beneficial to the community and the neighborhood due to concerns regarding: 1. Boise; 2. Traffic; 3. Litter and trash; 4. Expansion of the commercial use and its effect on privacy. The Planning Commission considered these and other issues as reflected in the attached minutes for the meeting of July 26, 198F and June 28, 1988. Based upon the information presented the Commission approved the applicant's proposal with a vote of 4-2-1 with the following changes: 1. The landscape plan to include a higher masonry wall along the rear property line and to address screening adjacent to the residential uses; 2. Providing barriers in the rear parking area to restrict parking during evening hours; and 3. Requiring a three-month and six-month review of the approval. The Staff has recommended in favor of the proposed use permit. Atta-hments 1. Letter of appeal from Thomas, June & May Takata. 2. Letter of appeal from John M. Chargin. 3. Planning Commission minutes - July 26, and June 28, 1988, including attachments. 4. Reduced site plan. * x f: ip88-03, p.16 II.ei _ram.:M July 28. 1988 U� Ci.y of Campbell Street Campbello California9500d CI ry Cap, Attns City Clrrk Wet UP 88-03 Fosters Freeze To Whom This May Concerns We attende^ a public hearing on July 266 1986 on the issue UP-88-03, Foster Freeze. We are against making a drive -through restaurant because of the followings 1. Sound a. There was not enough sufficient noise strdies done at different times of the day and during the evening where there is a "squawk box" speaker and asking the neighborhood living nearby about sound (i.e.. Weinerschitzel on Bascom Ave has a drive -through restaurant) but the Jack -in -the -Box should not be compared because there areno residents living in the back of that drive -through restaurant b. Cars coming in and out of the drive -through restaurant c. Parking the cars in the rear of the drive -through restaurant d. The Green Valley disposal truck makes too much noise 2. Wall or Fence We would like a concrete block wall 8� in height where our property ends (see red marking on map) 3. Traffic a. It is very difficult and sometimes impossible to make a left turn from Shady Dale Avenue onto Bascom Avenue and it is difficult to see the oncoming traffic because vehicles are parked on Bascom Avenue in fr,)nt of Foster Freeze and the surrounding businesses. (See map) b. The Apricot Avenue cross traffic across from Foster Freeze will ilways be congested. The corner of Apricot Avenue and Bascom Avenue has a children's day c&re center. (See map) c. Traffic on Bascom Avenue is always busy and congested at all times, day and night Making right and left turns onto Bascom Avenue takes several -_-es or more. Jif Enclosure 4.. Litter and Trash We do not want litter thrown over the wall or fence into our back yard and also on the front yard of our property. 5. Farking Many of the businesses nearby do not have sufficient parking so cars, trucks, etc. park in front of our property and we cannot park our own car(s) in front, of our own home, 6. Drainage Drainage to go out onto Bascom Avenue Thomas Takata ,� une Takata -/n . 1 aba-t'— May Ta v- 1042 Shady Dale Avenue i Campoell. California 95008 a" , _*W OFFICES CHARGIN AND CHARGIN JOHN MARK CHARWN 1685 T-.f ALAMEDA. SUITE 21 O MARY ANNE COSMO MICJNa T. CNAl101N SAN JOSE CALIFORNIA 95126 ►'-' F,A� TELEPHONE (406) 984-7000 VICTOR A MARY 09011NONAM EMERY _ RECEIVED August 4, 1988 HUb - s) o: CITY CLERK'S OFFICE To the Mayor and City Council Members of the Campbell City Council Re: Appeal from Planning Commission Grant of a Conditional Use Permit to Decara, Inc. Case No. UP 88-03 on July 27, 1988 Dear Council Members: On behalf my wife, Elizabeth, myself and several of our neighbors, I wish to appeal from the granting of a conditional use permit to Decara, Inc., by your Planning Commission for the installation of a drive -through restaurant on property located at 2200 S. Bascom Avenida, (the Foster Freeze installation) on July 27, 1988). The grounds for our appeal are that said installation as granted will constitute a public nuisance and diminish the value of the residental property adjacent to and in the vicinity of said location. we are the owners of the residental property most immediately impacted by this commercial use enlargement allowed by the conditional use permit. Said usage is not in the best interests of the City of Campbell and certainly not required by public convenience, safety, necessity and welfare. The traff c problems, noise and smoke polLution and invasions of privacy that will ensue from this use permit grant will blight the City and seriously depreciate the value of the residental area in which we live. I respectfully request the City Council to schedule this matter for a hearing on our appeal at your earliest convenience. I am aware of the passing of my dear friend and former Mayor Ralph Doetsch and of the serious illness of one of your members, so that if you wish to delay the appeal hearing I will understand August 4, 1988 Page 2 and await your pleasure concerning the date of same. i —) Very si�ik rely yours, C ARG N/ CHA GIINL��L' �J MARK CHALIN I JMC/mac J 4 RD n AUG 0'1 1W CITY OF CAMPBELL oLANNING DEPARTMENT PLANNING COMMISSION MEETING JULY 26, 1988 UP 88-03 Continued public hearing to consider the Fosters Freeze application of Dacara, Inc., for -a Conditional Use Permit to allow the construction of a drive-thru restaurant on property known as 2200 S. Bascom Ave. in a C-2-S (General Commercial) Zoning District. Planner II Woodworth reviewed the Staff Report of July 26, 1988, noting that Staff is recoomnnding appruval of this project. Referring to a request from the Commission which asked for input from the Police Department regarding problems caused by other fast food uses in the immediate _rea, Mr. Woodworth noted that a memorandum from the Police Department (on file) indicates that although fast food restaurants to create some problemsthis use will probably not increase problems in the area. Chairman Christ noted that a concern had been expressed about noise from customers using the parking area for eating, etc., and that this concern was not addressed in the Staff Report. Mr. Woodworth reported that the applicant has indicated a desire to use the parking spaces closest to the residential area for employee parking only; and, the owner has indicated that he wouli enforce this policy. Chairman Christ explained the memorandum from the Police Department to the audience, noting that only 5 reportable crimes have been indicated for Fosters Freeze for the reporting period. Commissioner Walker asked if consideration had been given to closing off the rear parking area after certain hours. Mr. Woodworth indicated that this parking area could be restricted, and is set up to provide for being roped off; however, theta -ay be a question as to whether the remaining parking would be adequate. Commissioner Stantot. asked if the traffic report addressed traffic issues further down Bascom Ave. Engineering Manager Helms responded that the study was confined to the development and whether the project would cause any problems in the neighborhood that are not already there. This does not imply that people are not having difficulty on these streets at times. lip 0 PLANNING COMMISSION MEETING JULY 25, 1988 PAGE 2. Commissi-ner Stanton expressed a concern that "other types of nuisances" was not ment.oned in the memorandL,, from the Police Department. Information that has come to Commissioner Stanton indicates complaints to the Police Department about tr..sh from other fast food restaurants in the area, even though the other restaurants have "barriers" of office or day care uses between them and the residential uses. A concern was also expressed regarding the creation of a "high school turf" sitaatfon, and information was not provided to deal with this type of situation. Commissioner Walker asked if the requested drive-thru was a second use permit for this property, noting that perhaps the use permit specifically for the drive-thru could be terminated if problems arose. City Attorney Seligmann stated that the existing restaurant use did not require A use permit at the time of construction. The requested use permit just refers to the drive-thru use; and, the use permit could be rescinded with appropriate findings that found the use detrimental to the neighborhood. Commissioner Olszewski reported that this item was considered by the Site and Architectural Review committee. The architecture of this structure does set a standard for improving the buildings along Bascom Ave., and the Architectural Advisor feels that the design is exceptional. The Site Committee has encouraged the applicant to share the parking with See's Candy next door, therefore providing for better use of parking and site circulation. The applicant has addressed the concerns expressed about the noise by including landscaping in front of the existing sound wall; and, repairs to the rear sound wall will be made as suggested by the sound engineering consultant. The drive-thru portion will enclose the vehicles with a variety of walls, ranging In height to 16', with the intention of taking the sound out towards Bascom Ave. and in no way going towards the residential area. The Site Committee is recommending approval or the site layout and the building architecture. Chairman Christ opened the public hearing and invited anyone to speak on this item. Mr. Jim Chou, architect, reviewed the sound angles as presented in the report by Pack 6 Associates, emphasizing that the acoustics engineer indicates that noise made by this particular use, and with the architectural design of the building, will be less than the noise from the residential uses. The engineer indicated that the wall around the drive-thru is not really necessa-y for acceptable sound levels in the residential area because of the 6' sound wall in the rear of the property; however, the plans maintain the drive-thru wall for consideration of the neighbors as well as for the design features of the building. Mr. Chou noted his previous discussion with the Police Department regarding enforcement and patrolling procedures in this area. r w PLANNING COMMISSION MEETING PTLY 26, 1988 PAGE 3. Responding to questions from the Commission, Mr. Chou discussed the architectural design of the building, including the open dining area in the front, design features to break up the front elevations, provision of awnings, contrasts and angles; the issue of motors running on delivery trucks having been resolved by the owners; the location of the trash enclosure and the method by which trash will be picked up in the front of the site; the issue of restricting parking in the rear lot being studied during the review period; and, the applicant welcoming a 6-month review by the Commission. Commissioner Stanton asked if the applicant has had further meetings with the residents. Mr. Chou stated that no further meetings have been held with the residents, noting that the consistency of the comments from the first meeting with the residents and from the public hearing, the applicant felt that the message was made quite clear; therefore, the project was completely redesigned to ad�ress those concerns. Mr. John Wagner, 1058 Shady Dale, opposed the project because of noise and traffic, staying that he did not feel that the noise concerns had been addressed. Mr. Wagner asked questions about the location of the ordering box, the wall height, and distances between the restaurant and residential uses; and, expressed concern with trash being thrown intothe neighborhood, the visibility problems for traffic entering Bascom Ave., and the noise and traffic the proposed use could entail. Mr. Steve Caruso, 1069 Bent Dr., disagreed about the adequacy of a 6 foot sound wall, noting that a previously used microphone system at the restaurant could be heard from down the block. Mr. Caruso asked about the size and type of trees proposed for the rear parking area, noting he would like to see large, fast growing trees planted which would provide a dense wall; noted that he would like to see a sound wall higher than 6 feet in the rear; and, stated that the sound level from the speaker box should be limited. Mr. Charles Purnell, 1079 Shady Dale, expressed concern with traffic visibility and circulation in thea-ea; with vehicles backing out onto Bascom Ave.; with the project having two driveways; and with potential parking problems from the commercial uses. Mr. John Chargin, 1059 Bent Dr., :-,,oke at length regarding his concerns on the project, including: the level of noise from the speaker box; difficulty of accessing Bascom Ave.; problems caused by add.tional driveways; the traffic report not addressing the stated concerns; the Police Department not having done a hand search, or not providing a record of noise complaints; and, a survey not being lone of residents near other fast food uses. Mr. Chargin continued that he would like to see a higher sound wall; that he is strictly opposed to the proposed use; that the sound study was made during 2 or 3 hours i w PLANNING COMMISSION MEETING JULY 26, 1988 PAGE 4. in the day, but the noise would be worse at night and this was not addressed in the report; that he did not think there was a competent traffic engineer's report of what is going to happen on the site when the drive-thru is completed; that a new traffic report is needed; that a sound report addressing the problems is needed; that not enough information has been provided on the noise levels, since no one came into his back yard; and, noted the grade difference between See's Candy and the Foster Freeze site because it makes a difference in the wall height. Chairman Christ referred the speaker to a section in the round study which discussed the ordering box; noted that it is not planned to increAse the grade of the Foster's site to bring it to the same level as See's; not,chat this i; not a unique situation, and that there are areas all over town where commercial and residential areas abut. Chairman Christ noted that the City tries very hard to mitigate adverse situations. Mr. Purnell asked about the type of trees planned; the proposed drainage; and easements. Mr. Helms indicated that Condition 19 in the Staff Report requires the submittal of a grading and drainage plan, and that it is the policy of the City to require drainage into the public system. M/S: Walker, Perrine - That the public hearing on UP 88-03 be closed. Motion carried unanimously (6-0-1). Discussion Commissioner Olszewski stated that testimony from the public shows that raising the height of the rear fence should be considered; however, past actions by the Commission has been to approve walls up to 8 feet in height. The design of the site has really addressed the concerns brought up by the public. The problems expressed seer. to be classic when commercial uses abut residential uses, although these uses need to be compatible. Commissioner Olszewski felt that this project provided an opportunity to create a better situation through the project design, landscaping, sound buffers, and aesthetics; that this project would send out a positive signal to other development along Bascom Ave.; and that the traffic report was adequate. Commissioner walker agreed with an increased rear wall height; asked for input regarding volume control on the speaker box; asked about the utility easement between the residential and commercial properties; and, questioned the time in which the noise study was done, noting that the lunch hour was not included. v 0 PLANKING CONMISSION MEETING JULY 26, 1988 PAGE 5. M/S: Perrin, Olszewski - That the Planning Commission accept the Negative Decle�ation which has been prepared for this project; and, that the Commission adopt Resolution No. 2543, incorporating findings and conditions as indicated in the Staff Report of July 26, 1988, approving UP 88-03 with the following added conditions: (1) Landscaping plan to include a rear wall of between 8 and 9 feet for the entire length of the rear property line. Discussion on motion Commissioner -11 opposed the motion, noting that although he accepted the quality of the .es and the efforts put forth to address concerns, he felt that there was •-il, a need for the developer to establish a discussion with the neighbors.. There is a chance to come back with a development that is acceptable to . .rajority of residents. Additionally, Commissioner Stanton felt that the use lends itself to Drobleas that the City is not goirg to be able to control. Commissioner Dickson expressed his concern with car noise and people noise, noting that the rear parking area could be an attractive nuisance which creates car and people noise. Additionally, the higher walls tend to violate the open space of people living behind them, as well as limit the sunlight; and, the office window should not be looking over the residential area. Commissioner Dickson concluded that he did not think the applicant has demonstrated that this use will not be detrimental to the public. Commissioner Walker asked if the review period could be changed from 6 months to 3 months; and, if left-hand turns could be eliminated if necessary. Chairman Christ disagreed with the applicant having to meet with the residents, noting that the applicant seems very clear on their concerns. He continued that the office window issue can be addressed by requiring sight -obscuring glass; however, he could not support the motion until the issue of restricting parking in the rear parking area was addressed to insure that a nuisance will not be created for the neighborhood. Commissioner Olsmewski indicated that he could support the issue of a barrier design coming back with the landscaping plan. Upon consensus of the Commission, the motion was amended tc include design and height of rear wall, tree types and sizes, landscaping, rear parking area restriction/barrier after 10:00 p.m. or to be discussed at the time the plans are presented, and a 6 and 9 month review. PLANNING COMMISSION MEETING JULY 26, 1988 PAGE 6. M/S: Perrin, Olszewski - That the Planning Commission accept the Negative Declaration which has been prepared for this project; and, that the Commission adopt Resolution No. 2543, incorporating findings and conditions as indicated in the Staff Report of July 26, 1988, approving UP 88-03 with the following added conditions: (1) Landscaping plan to include a rear wall of between 8 and 9 feet for the entire length of the rear property line; types and sizes of trees for the rear property line area; and, design and discussion of barrier/restrictions of rear parking area; and (2) Review of traffic and circulation issues and drive-thru use at 3 months and at 6 months of date of occupancy. Motion carried with the following roll call vote: AYES: Commissioners: Perrine, Olszewski, Walker, Christ NOES: Commissioners: Stanton, Dickson ABSENT: Commissioners: Kasolas The Commission directed Staff to notify the speakers on this issue of the Site and Architectural Review Committee meeting when this matter is agendized. • a RESOLUTION NO. 2543 PLANNING COMMISSION BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF C.A14PBELL APPROVING A USE PERMIT AIXIWING THE CONSTRUCTION OF A DRIVE-THRU RESTAURANT ON PROPERTY KNOWN AS 2200 S. BASCOM AVE. IN A C-2-S (GENERAL CONMERCIU.) ZONING DISTRICT. (APPLICATION OF DACARA, INC., UP 88-03). After notification and public hearing as specified by law on the application of Dacara, Inc., on behalf of Foster's Freeze, for a Conditional Use Permit and approval of plans and elevations to allow the construction of a drive-thru restaurant on property known as 2200 S. Bascom Ave. in a C-2-S (General Commercial) Zoning District, as per the application filed in the Planning Department on April 29, 1988; and, after presentation by the manning Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission did find as follows: 1. The proposed drive-thru restuarant will not be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of the proposed use. 2. The presented plans indicate that the site size is adequate to accommodate the landscape buffers, screen walls, parking and loading facilties, and other development features to integrate this use into the surrounding area. 3. The proposed use is adequately served by streets and driveways to carry the anticipati�.i traffic capacity for this use. A. The proposed use is considered compatible with other commercial uses and residential uses in this area. 5. The architectural design is considered superior to other similar uses by the Architectural Advisor. 6. The use is desirable to the public convenience and is consistart with the objectives of the City's General Plan. based on the above findings, the Planning Commission does hereby grant the requested Use Permit, subject to the following conditions: 1. Revised elevations plan indicating awnings, restrictive parking barrier, and increased rear fence height to be submitted to the Planning Department and approved by the Planning Director upon recommendation of the Architectural Advisor prior to application for a building permit. 2. Property to be fenced and landscaped as indicated and/or added in red on the plans. Landscaping and fen(ing shall be maintained in accordance with the approved plans. • a Besolu:.-on No. 2543 -2- up 88-03 3. Landscaping plan indicating type and size of plant material, and ,ocation of irrigation system to be submitted to the Planning Department and approved by the Site and Architectural Review Committee and/or Planning Commission prior to issuance of a building permit. - 4. Fencing plan indicating location and design details of fencing and lighting plan to be submitted to the Planning Department and approved by the Planning Director prior to issuance of a building permit. 5. Applicant to either (1) post a faithful performance bond in the amount of $4,000.00 to insure landscaping, fencing, and striping of parking areas within 3 months of completion of construction; or (2) file written agreement to complete landscaping, fencing, and striping of parking areas. Bond or agreement to be filed with the Planning Department prior to application for a building permit. 6. Applicant to submit a plan to the Planning Department, prior to installation of PG&E utility (transformer) boxes, indicating the location of the boxes and screening (if boxes are above ground) for approval of the Planning Director. 7. Building occupancy will not be allowed until public improvements are installed. 8. All parking and driveway areas to be developed in compliance with Chapter 21.50 of the Campbell Municipal Code. All parking spaces to be provided with appropriate concrete curbs or bumper guards. 9. Underground utilities to be provided as required by Section 20.36.150 of the Campbell Municipal Code. 10. Pla:.s submitted to the Building Department for plan check shall indicate clearly the location of all connections for underground utilities including water, sewer, electric, telephone and television cables, etc. 11. Sign application to be submitted in accordance with provisions of the Sign Ordinance for all signs. No sign to be installed until application is approved and permit issued by Planning and Building Departments (Section 21.53 of the Campbell Municipal God*). 12. Ordinance No. 782 of the Campbell Municipal Code stipulates that any contract for the collection and disposal of refuse, garbage, wet garbage and rubbish produced within the limits of the City of Campbell shall be made with Green Valley Disposal Company. This requirement applies to all single-family dwellings, multiple apartment units, to all commercial, business, industrial, manufacturing, and construction establishments. 13. Trash containers) of a size and quantity necessary to serve the development shall be located in area(s) approved by the Fire Department. Unless otherwise noted, enclosure(s) shall consist of a concrete floor surrounded by a solid wall or fence and have self -closing doors of a size specified by the Fire Department. All enclosures to be constructed at grade level and have a level area adjacent to the trash enclosure area to service these containers. Vr 1 0 n Resolution No. 2543 -3- UP 88-03 14. Applicant shall comply with all appropriate State and City requirements for the handicapped. BUILDING DEPARTMENT 15. Retaining walls at property lines are limited to a height of 15 inches if constructed of wood. 16. Exterior north wall and front wall to be one hour construction. Table 5A, 1985 UBC. FIRE DEPARTMENT No comments at this time. PUBLIC WORKS DEPARTMENT 17. Procas;'and file a parcel map to combine the two lots or provide evidence of cross easements for parking and access between this parcel and APN 288-6-7. 18. Obtain an excavation permit, pay fees and post surety to modify and/or relocate the driveway approaches, electrolier and storm drain inlet. 19. Submit three copies of grading and drainage plans for Public Works review. PLANNING DEPARTMENT 20. Hours of operation be limited to: 7 a.m. to 10 p.m. - Sunday through Thursday; and, 7 a.m. to 12 p.m. - Fridays and Saturdays. 21. Use permit to be reviewed in three months and in six months from dLte of approval. 22. Landscape plan to address buffer at rear of property including type and site of trees. Adjacent property owners to be notified of meeting when landscape plans are discussed. The applicant is notified as part of this application that he/she is required to comply with all applicable Codes and/or Ordinances of the City of Campbell and the State of California which pertain to this development and are not herein specified. PASSED AND ADOPTED this 26th day of July 1969 by the following roll call vote: AYES: Commissioners: Parrine, Olstewski, Walker, Christ NODS: Commissioners: Stanton, Dickson ABSENT. Commission.-r: Kasolas APPROVED: Ronald W. Christ Chairman ATTEST: Arthur A. Kee Secretary PLANNING COMMISSION .._dTING .TUNE 28, 1988 UP 88-03 Continued public hearing to consider the Fosters Freeze application of Dacara Inc. for a Conditional Use Permit to allow the construction of a drive -through restaurant on property known as 2200 S. Bascom Ave. in a C-2-S (General Commercial) Zoning District. Principal Planner Stafford reviewed the Staff Report of June 28, 1988 and the submitted plans for the Commission, noting that Staff is recommending approval of the presented plr.ns. Commissioner Kasolas asked about the footprint of the existing building; the provision of landscaping within the drive-thru itself; expressed a concern about the possibility of the tunnel effect enhancing the noise, and indicated a sound study might be appropriate; expressed a concern that one would see an 18 foot high wall when driving along Bascom Ave., and this situation exists no where else in the City; and, asked if this high a wall could be built right up to the property line. Mr. Stafford responded that Staff feels that the sound would be affected out toward Bascom Ave. from the walled drive-thru area; and, there would only be a section of the wall right up to the property line. Commissioner Stanton asked about the current number of drive-thru restaurants existing on Bascom Ave. in Campbell's jurisdiction, and if there have been any complaints about those restaurants from residents. Mr. Stafford indicated the, there were several of these types of fast food uses to the north of this site (Der Wienerschnitzel, Taco Bravo, Jack in the Box, Carla Jr.); and, the Planning Staff has received no complaints from residents regarding the uses. Commissioner Perrine reported that this item was discussed by the Site and Architectural Review Committee. The Committee is coming before the Commission without a recommendation in that the members were split. Additionally, the applicant has asked to make a presentation to the Commission. Chairman Christ opened the public hearing and invited anyone to speak on this item. Mr. John Chargin, 1059 bent Dr., opposed the proposed use, citing the following problems: delivery trucks running in the parking lot for 45 minutes; noise, fuses, and pollution from vehicles; the proposed 18 foot wall; no sound studies have been done; hours of operation not indicated; use does not promote public health and safety of area residents; use abuts residential uses, and will become an attraction to young people. Mr. Chargin continued that he would like to see a sound study done addressing the drive-thru tunnel and the effect of having a parkinb area (which has never been there previously) immediately adjacent to the residential uses. e1 0111 PLANNING C0):MISSION--ifING JUNE 28, 1988 PAGE 2. Mr. Steve Caruso, 1069 Bent Drive, opposed the proposed use noting that residents near the other fast food uses have complained to the Police Department about the noise and trash. Mr. Caruso expressed his concern with the noise from the radios and the drive-thru ordering station; asked how large the landscaping will be when installed; and, asked for a sound study to be done. Commissioner Kasolas asked about the hours of operation; the po)icy for addressing litter problems; the direction of the drive-thru; and the existing and project traffic movement restrictions in front of the subject site. Planning Director Kee noted that the Commission has the authority to restrict hours of operation and has done so in the past on other uses. Mr. Stafford indicated that the southerly driveway is proposed as the entrance to the drive-thru area. Public Works Director Wimberly reported that the median stops north of Shady Dale and left -turns can be executed from the subject site. There are no plans to prevent left turns at this time and the condition is not unusual in this area. Setbacks permit drivers a clear view of on -coming traffic. Mr. Wimberly continued that the applicant can post signs to restrict turning movements, and this could be a condition of approval; however, from a traffic standpoint, Staff does not see that traffic would be so acute as to limit these tur-ag movements. Commissioner Kasolas stated that he was concerned with the circulation plan, both through the restaurant and with the parking in the rear. 1)e continued that he was very much concerned about the hours of operation, and the type of containers to be used which would have an affect on the atmosphere. Mr. Chargin stated that he eras concerned about vehicles pa*king up and accelerating in the rear parking area because of the noise; and, he noted the lack of visibility because of cars parked on Bascom Ave. Mr. Steve Reeber, 259 Moneta Way, asked how far down the proposed wall would extend and how it would affect him. Mr. Charles Purnell, 1079 Shady Dale Ave., opposed the use, noting traffic problems of noise, speeds, and parking; and, expressed concern with the trash problem Mr. Purnell felt that there was not enough room on -site for the number of parking spaces proposed. Mr. Tom Takata, 1042 Shady Dale, opposed the use stating that the neighborhood did not need the additional problem the use would create. Mr. Roger Wolfe, 1083 Bent Dr., expressed concern with the traffic problems the use could create, and with the possible lack of attention for pedestrians near the site because of the attention drivers would be giving to their food when leaving the site instead of their surroundings. PLANNING COMMISSION —1,1TING JUNE 28. 1988 PAGE 3. Mr. Janes Chao, architect, stated that the developer has been interested in the neighbors op:nions since the inception of this project. The developer has met with the neighbors and tried to address their concerns, as well as the concerns of Staff. Mr. Chao continued that they would be happy to reduce parking and increase landscaping in the rear; the tunnel effect of the drive-thru is mitigated by the introduction of rough textured materials with plant materials on it to reduce the noise level; and, the 18 foot wall is not seen from the street in that it is stepped and has landscaping on it. The applicant spoke with the Police Department, which indicated that cruising by youth has not been a problem in Campbell because of the Department's policies and enforcement procedure. The project has been designed to provide for inside dining, outside dining, and drive-thru service. The drive-thru traffic will be handled between the building and the buffer wall, and will be approximately 80 feet from the back property line. The hours of operation are Sunday through Thursday until 10:00 p.m., Friday and Saturday until 12:00 p.m. The applicant only asks to operate the same hours as the other fast food restaurants on the street. Commissioner Kasolas asked the Mr. Chao if he would consider coming back with plans eliminating the drive-thru completely and making back parking stalls with a landscaping buffer. Mr. Carl Abbott, owner, stated that he is not prepared to answer this question at this time. A financial study would have to be done. Mr. Chao continued that there is a great deal of concerns about drive-thrus; however, he felt that the presented design is a substantial improvement over other designs. Additionally, it shot:ld be considered that the applicant understands his clientele and is capable of controlling his customers. Commissioner walker asked if it would be possible to provide a yellow parking zone at the curb in the immediate area with the intent of putting the delivery vans on the street rather than on the property near the residential area. Mr. Wimberly indicated that the use of the frontage can be restricted, and this issue can be addressed with conditions of approval. Mr. Carl Abbott_ noted that he had not been aware there was a problem with the delivery vans until this evening, and he will instruct the vans not to leave their engines running while making deliveries. Mr. Steve Reeber asked fcr protection of the residences with the provision of a higher rear wall which would extend to his property. Mr. Steve Caruso objected to the restaurant being open until midnight on weekends, noting that the residents deserved consideration of their privacy and quiet. Commissioner Kasolas noted that the applicant has indicated that he would only want what other neighborhood restaurants have. Would it be fair to limit his hours more than the other restaurants? He asked Mr. Caruso if a sit-down restaurant be acceptable, even with longer hours? V4V - e') r1 PLANNING COMMISSION tmETING JUNE 28, 1988 PAGE 4 Mr. Caruso resp—ded that this would be acceptable and that the real problem is with the drive-thru use. ;,/S: Kasolas, Stanton - That the Commission recess at this point. Motion carried 3-2-2. The Commission recessed at 9:20 p.m.; the meeting reconvened at 9.30 p.m. Mr. Chao stated that the applicant would be happy to comply with replacing rear parking with landscaping. However, the project xxbbtx the drive-thru would not be economically feasible. without M/S: Kasolas, Walker - That the public hearing on UP 88-03 be closed. Motion carried unanimously (5-0-2). Commissioner Malkec i that the locatio:, of the drive-thru was addressed very well and he was impressed with the design which attempted to minimize the noise. He continued that he would personally like to consider a continuation of this matter for additional information as follows: a full police reportof the affect of drive-thrus and fast food operations on the east side of Bascom Ave. on the adjoining neighborhood; the provision of a sound study; traffic information including any planned median extenaions, and c msiderations for blocking through traffic on Shady Dale Ave. Commissioner Walker also suggested consideration of blocking off the back parking area during late hours. Commissioner Kasolas stated that with respect to changes and additional suggestions, it is apparent that the applicant would like this issue decided on this evening, and has presented his best proposal indicating that the project is economically unfeasible without the drive-thru. Commissioner Kasolas continued that he could not support the drive-thru; as well as having problems with the parking layout behind the wall, with the driveway cuts, and the location of the driveways presenting conflicting circulation patterns. Commissioner Kasolas stated that he was prepared to proceed with this application at this time. M/S: Stanton, Kasolas - That the Planning Commission adopt a Resolution denying UP 88-03 as presented; and, that specific findings for denial be adopted at the meeting of July 12, 1988. Discussion on motion Commissioner Walker stated that he would not support the motion because he felt the applicant was willing to work further on the issue. Vote on motion AYES: Commissioners: Kasolas, Stanton MOSS: Commissioners: Perrine, Walker, Christ ABSENT: Commissioners: Olsmewski, Dickson PLANNING COMMISSION r—STING JUNE 28, 1988 PAGE 5 M/ : Perrine, ThaL the Planning Commission accept the Negative Declaration which has been prepared for this project; and, that the Planning Commission adopt a Resolution, incorporating the attached findings and conditions, and approve UP 88-03, with the added condition that a plans for a higher rear wall cume back to the Commission for consideration. Motion failed for lack of a second. Brief discussion ensued regarding the permissibility and legalities of restricting parking during certain hours. M/S: Kasolas, walker - That the public hearing on UP 88-03 be reopened. Motion carried unanimously (5-0-2). M/S: Perrine, Kasolas - That the public hearing on UP 88-03 be continued to the meeting of July 26, 1988; and, that additional information be provided as follows: (1) possible provision of rear sound walls; (2) hours of operation; (3) police report relating to fast food restaurants on the street; (4) provision of a sound study in the drive-thru tunnel and the rear parking lot area; (5) reduction of parking and provision of additional landscaping in the rear parking area; (6) traffic study with respect to: plans for extension of median islands along Bascom Ave., possibility of right turns only, curbs cuts servicing Sees and Fosters regarding conflicting traffic movements during hours of operation, possibility of blocking off Shady Dale to through traffic; and, (7) study of hours of use and possible reduction of hours for drive-thru use. Discussion on motion Cowissioner Kasolas stated that he believed the design of the building is extremely plain and that something should be done to get away from the plain block look, and that more of an architectural statement should be made. Mr. Wimberly noted that the issue of blocking movement on a public street is a very complex matter which requires extensive analysis. • 0 PLANNING COHMISSION ... rING JUNE 28, 1968 PAGE 6 Commissioner Walker noted that he would like to see the background information on what occurred on McBain Ave. to block that street. Vote on motion AYES: Commissioners: Kasolas, Stanton, Perrine, Walker, Christ NOES: Commissioners: None ABSENT: Commissioners: Olszewski, Dickson. �n� i AHHENT i4 N'� Pr-Op05Eb JITE PLAN © 0 ITEM NO. 6- STAFF REPORT - PLANNING COMMISSION MEETING OF JULY 26, 1988 UP 88-03 Continued public hearing to consider the Fosters Freeze application of Dacara Inc. for a Conditional Use Permit to allow the construction of a drive - through restaurant on property known as 2200 S. Bascom Ave. in a C-2-S (General Commercial) Zoning District. STAFF RECOMMENDATION 1. That the Planning Commission accept the Negative Declaration which has been prepared for this project; and 2. That the Planning Commission adopt a Resolution, incorporating the attached findings, and approve this application subject to the attached conditions. STAFF DISCUSSION At its previous meeting of June 28, 1988, the Planning Commission continued the consideration of this application so that additional information could be presented regarding a number of concerns as outlined in the attached minutes. Each of these items is discussed below. 1. Provision of rear sound wall The present site is currently developed with a 6' block wall along the rear property line adjacent to the residential uses. The submitted site plan indicates the provision of a 5' planting area adjacent to this wall to improve the buffering effect provided to the proposed use. The noise consultant hired by the applicant has recommended that some minor cracks be repaired in this wall to improve its attenuation characteristics. 2. Hours of operation The applicant has indicated that the proposed hours of operation are from 7 a.m. to 10 p.m. - Sunday thru Thursday; and 7 a.m. to 12 p.m. (Fridays and Saturdays). 3. Police report A report from the Police Department regarding experiences with other fast food operations on this street was not available at the time this report was prepared, and will be presented at the Planning Commission meeting. 4. Noise study The applicant has retained a noise consultant and his report is attached. The general conclusion of the report is that the proposed use will r.ot create significant noise impacts on the adjacent residences due to the vehicles using the drive-thru or persons using the ordering system. UP 88-03 ® -2- `O' July 26, 1988 5. Reduction in parking and provision of additional landscaping. The proposed site plan could be modified to reduce the number of parking spaces to provide additional landscaping along the rear of the property. If this proposed modification is required, Staff would recommend that the proposed seating be reduced accordingly. The sound attenuation of landscaping is not overly effe,-.tive, however, it does create a visual barrier and/or buffer. 6. Traffic study. The Public Works Department Staff has reviewed this project in light of the anticipated traffic movements and considers the presented plan acceptable. A memorandum is attached for the Commission's review. 7. 4djustment to the hours of operation. :he proposed hours of operation are described in Item 2 above. Staff would recommend that the Planning Commission review this use six months from the date of its completion and review the hours of operation at that time. If problems have arisen, the Planning Commission could request an adjustment in the hours of operation. At the previous meeting, a concern had been expressed regarding the noise of refrigeration units when products are delivered. The applicant has sent a letter to the truck drivers to minimize this noise. Additionally, Staff has received the attached letter from a neighbor since the previous meeting. Attachments 1. Planning Commission minutes - June 28, 1988 2. Noise study. 3. Memorandum re traffic impacts. 4. Letter from J. Wagner. 5. Recommanded findings. 6. Conditions of approval. r' EDWARD L. PACK ASSOCIATES,INC. Consulting Engim, -s TEUFPHONE ILWl M5574 I=E. IXMIE AVE[IIIE. SURE F SU[NYWAI!. CA 940M July 19, 1988 Proiect No. 20-107 Mr. Carl Abbott DACARA Inc. 16084 Sharon Lane Salinas CA 93901 JUL $ ± IN8 CITv OF CAMPBELL PLA[ININD DEPARTM[NT Subject: Noise Assessment Study for the Planned Foster'a Freeze Restaurant Improvement, Bascom Avenue, Campbell Ref. (a) Site Plan, Foster'a Freeze Restaurant, for DACARA Inc., by James Chao, June 1988 (b) City of Campbell Noise Element of the General Plan, February 24, 1975 Dear Mr. Abbott: This report presents the results of a noise assessment study for the Foster's Freeze Restaurant improvements, as shown on the Site Plan, Ref. (a). Included in this report is an assessment of the existing noise environment at the property line common with the adjacent residences and the impact nf the planned improvements on these residences. Also included are the on -site measurement data and predictions of future noise levels. The major concerns of this study in terms of noise impacts are sounds generated by use of a menu board with an outdoor loudspeaker, and noise generated by autos waiting in line for service. Y{YIIlw •COY{TICA1 fOCItT♦ 01 •Y{wIC{ N IN t[wINO {OCILT• ♦YtwICIN MCI{T• Of SAF-T LNGIN{[w{ M{TIT UT IOOI IN VI.ON„{N TII fC1[NC{{ ® in - 2 - 1. Existinc Noise Levels To determine the existing noise environment at the property line common with the restaurant and the nearest residence, continuous recordings of the sound levels were made at the east property line. The measurements were made on July 13, 1988 for a period of four hours during the peak daytime operations of the restaurant. The noise recordings were processed by a Gen Rad Company Community Noise Analyzer, which yielded a series of descriptors of the sound levels versus time, including the L10, L50, and L90, i.e., those levels that are exceeded for 10% 50% and 90% of the time. Also included are the maximum and minimum levels and the equivalent -energy level (L,,), which is that level of a steady noise having the same sound energy as a given time -varying noise. The L10 and L50 levels were obtained in order to perform an evaluation against the City of Cambell Noise Element standards, Ref. (b), which specify an L10 limit of 60 dBA during the daytime hours of 7:00 a.m. to 10:00 p.m., and an L50 limit of 55 dBA during the same daytime hours. The measured values are shown in Table I, below. - 3 - TABLE Existing Noise Levels I at the East Property Line of the Foster's Free a Restaurant Time Pariod Lmax Noise L10 Levels. L50 L90 dBA Lain Leg 1:00-2:00 (daytime) 77 62 58 54 49 60 2:00-3:00 pm ^ 74 63 58 53 48 59 6:00-7:00 pm ^ 82 64 59 54 48 61 7:00-8:00 pm ^ 73 64 59 54 49 60 The existing noise environment is created primarily by traffic sources on Bascom Avenue. The 6 ft. solid masonry wall located along t;,e common property line of the restaurant and the residences, reduce .he traffic noise levels 7 dB in the rear yards of the nearest residence. Thus, the L10 values in the residential rear yard at a location 20 ft. from the masonry wall, are 55 to 57 dBA and the L50 values e-e 51 to 52 dBA. These levels are within the limits of the City of Campbell Noise Element standards. That ia, the noise levels are less than those allowed for residential use. • - 4 - 2. Restaurant Drive -Through Noise Levels. Based on noise measurements made for previous studies involving drive-througn restaurants, the rjise levels shown in Table II below represent the estimated noise levels that would occur at the nearest residential rear yard to the proposed drive - through. These levels were measured at a Kentucky Fried Chicken facility with a similar menu board and intercom system at a distance of 40 ft. from the menu board and auto traffic. A 13 dB adjustment was applied to the measured levels to account for the 105 ft. distance from th- menu board to the nearest residential rear yard, using a rate of attenuation of 6 dB per doubling of the distance from the source. The noise levels presented in this section do noc include the attenuation that would be provided by the addition of the 12- 18 ft. high noise barrier shown on the Site Plan. 2 n - 5 - Time Period woissL_vels. dBA 1'max L10 L50 1,90 1-min Leq 1:30-2:30 pm 61 50 35 32 28 38 4:30-5:30 pm 60 51 35 33 29 40 To illustrate the worst -case conditions, the maximum project -generated levels during the peak period of 4:30-5:30 pm shown in Table II, can be compared to the lowest measured ambient level. during the 2:00-3:00 pm period shown in Table I. A corparison of these levels reveals that the project -generated levels will be 4 and 17 dB below the measured L10 and L50 ambient values, respectively. 3. Projected Generated Impacts As shown above, the project will generate noise levels that are below the existing ambient noise levels at the si::e. However, a worst -case condition of adding a noise level that is 4 dB below the ambient will raise the ambient, through decibel addition, by 1.5 dB. This additional level is not constant, as the traffic passages in the drive -through will vary during the course of the day, thereby causing variations in the amount of 0 - 6 - noise generated by autos and the loudspeaker. Also, daytime ambient noise levels are higher than nighttime levels, thus, the same project -generated noise levels will have less impact during the day. As shown on the Site Plan, a 12-18 ft. solid barrier is planned along the east side of the drive -through of the restaurant. This barrier will attenuate 17 to 21 dB of noise at the east property line. Therefore, the predicted noise levels from project -generated traffic at the east property line will be 30 to 34 dBA L10 and 14 to 18 dBA L50. Combining the levels with the existing ambient levels of 62 dBA L10 and 58 dBA L50 reveals no increase will occur in the existing ambient noise levels. Additional reduction in the noise levels will be realized from the existing 6 ft. high property line barrier. 4. COflClueiOns It is our conclusion that the project will not create significant noise impacts at the adjacent residences and that the noise levels produced by the planned project will be within the limits of the standards specified in the City of Campbell Noise Element. Therefore, no mitigation measures will be required. However, we recommend that any acoustical faults in the property line barrier, i.e., cracks, gaps or holes, be sealed to ensure an air -tight construction in order to provide maximum noise attenuation. As the predicted noise levels without the barrrier (12 to 18 ft. high wall) shown on the plans are w.''-,in the noise level - 7 - limits of the City of Campbell standards, the addition of the barrier is not a necessity, but an enchancement. This report presents the results of the noise study for the planned improvements at the Foster Freeze restaurant, Bascom Avenue, Campbell. If you need any additional information, please contact me. Sincerely, J�f fPack Aco stical Engineer JKP: m cc: Jim Chao/Architect Tim Haley/Planning Staff, City of Campbell MEMORANQUM 8 To: PLANNING COMMISSION Dare_ July 21, 1988 From: GaIY Tric affKrEn uQins6r-% Subject: Foster's Freeze Drive -Through Development Proposal CITY OF CAMPBELL I have reviewed the potential for traffic impacts from the addition of the drive through window and remodeling of the existing Foster's Freeze restaurant on Bascom Avenue. on the basis of likely trip generation of the new restaurant, there will be no significant change in the operation of the two way left turn lane on Bascom due to traffic to and from the site. I conducte9 a traffic capacity analysis of the driveways considering as one option, all turns in and out permitted, and the second option was to prohibit all left turns into and out of the site. There is no significant difference between these conditions. This means that we do not expect that left turns in will materially conflict with left turns out. We have no plans to extend the median island on Bascom south of the present raised median approaching Campbell from the south, because in terms of accident rates, delay and other traffic engineering criteria, there appears to be little justification for extending the median. Because we see little need to restrict left turns in or out, and because both ingress and egress are located on Bascom, there is little, if any, potential for traffic from the facility to use Shadydale Court. The problem at Tower Records north of this site is primarily caused by having one of the Tower Records driveways on a residential street, and also, because there is a raised median along Bascom. Effectively, the only means of returning to the south from Tower Records used to be turning right into the neighborhood to get back to Bascom at Campbell to turn south. there is obviously no parallel situation at Fosters Freeze. GEK: CMBLKEMO.052 t IQm$D FINDINGS: 4 88-03 8I U7®RESS: 2200 S. BASCOM AVE. APPLICANT: FOSTER'S FREEZE PC MTG-. 7-26-88 1. The proposed drive-thru restuarant will not be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of the proposed use. 2. The presented plans indicate that the site s+�.e is adequate to accommodate the landscape buffers, screen walls, parking and loading facilties, and other development features to integrate this use into the surrounding area. 3. The proposed use is adequately served by streets and driveways to carry the anticipated traffic capacity for this use. 4. The proposed use is considered compatible with other commercial uses and residential uses in this area. 5. The architectural design is considered superior to other similar uses by the Architectural Advisor. 6. The use is desirable to the public convenience and is consistent with the objectives of the City's General Plan. CONDITIONS OF APPROVAL�ILE # UP 88-03 n %CRNENT N5 SITE ADDRESS: 2200 S. BASCOM AVE. APPLICANT: DACARA, INC. PC MTG DATE: 7-26-88 The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the Ordinances of the City of Campbell and the Laws of the State of California. Additionally, the applicant is hereby notified that he/she '.s required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California which pertain to this development and are not herein specified. 1. Revised elevations plan indicating improved awning/trellis treatment to be submitted to the Planning Department and approved by the Planning Director upon recommendation of the Architectural Advisor prior to application For a building permit. 2. Property to be fenced and landscaped as indicated and/or added in red on the plans. Landscaping and fencing shall be naintained in accordance with the approved plans. 3. Landscaping plan indicating type and size of plant material, and location of irrigation system to be submitted to the Planning Department and approved by the Site and Architectural Review Committee and/or Planning Commission prior to issuance of a building permit. 4. Fencing plan indicating location and design details of fencing and lighting plan to be submitted to the Planning Department and approved by the Planning Director prior to issuance of a building permit. 5. Applicant to either (1) post a faithful performance bond in the amount of $4,000.00 to insure landscaping, fencing, and striping of parking areas within 3 months of completion of construction; or (2) file written agreement to complete landscaping, fencing, and striping of parking areas. Bond or agreement to be filed with the Planning Department prior to application for a building permit. 6. Applicant to submit a plan to the Planning Department, nrior to installation of PGfiE utility (transformer) boxes, indicating the location of the boxes and screening (if boxes are above ground) for approval of the Planning Director. 7. Building occupancy will not be allowed until public improvements are installed. 8. All parking and driveway areas to be deveioped in compliance with Chapter 21.50 of the Campbell Municipal Code. All parking spaces to be provided with appropriate concrete curbs or bumper guards. 9. Underground utilities to be provided as required by Section 20.36.150 of the Campbell Municipal Code. 10. Plans submitted to the Building Department for plan check shall indicate clearly the location of all connections for underground utilities including water, sewer, electric, telephone and television cables, etc. IVS CONDITIONS OF APPROVAL FILE 9 UP 88-03 SITE ADDRESS: 2200 S. BASCOM "FR. APPLICANT: DACARA, INC. PAGE 2. 11. Sign application to be submitted in accjrdance with provisions of the Sign Ordinance for all signs. No sign to be installed until application is approved and permit issuea by Planning and Building Departments (Section 21.53 of the Campbell Municipal Code). 12. Ordinance No. 782 of the Campbell Municipal Code stipulates that any contract for the collection and disposal of refuse, garbage, wet garbage and rubbish produced within the limits of the City of Campbell shall be made with Green Valley Disposal Company. This requirement applies to all single-family dwellings, multiple apartment units, to all commercial, business, industrial, manufacturing, and construction establishments. 13. Trash container(s) of a size and quantity necessary to serve the development shall be located in area(s) approved by the Fire Department. Unless otherwise noted, enclosure(s) shall consist of a concrete floor surrounded by a solid wall or fence and have self -closing doors of a size specified by the Fire Department. All enclosures to be constructed at grade level and have a level area adjacent to the trash enclosure area to service these containers. 14. Applicant shall comply with all appropriate State and City requirements for the handicapped. BUILDING DEPARTMENT 15. Retaining walls at property lines are limited to a height of 15 inches if constructed of wood. 16. Exterior north wall and front wall to be one hour construction. Table 5A, 1985 UBC. FIFE DEPARTMENT No comments at this time. PUBLIC WORKS DEPARTMENT 17. Process and file a parcel map to combine the two lots or provide evidence of cross easements for parking and access between this parcel and APN 288-6-7. 18. Obtain an excavation permit, pay fees and post surety to modify and/or relocate the driveway approaches, electrolier and storm drain inlet. 19. Submit three copies of grading and drainage plans for Public Works review. PLANNING DEPARTMENT 20. Hours of operation be limited to: 7 a.m. to 10 p.m. - Sunday through Thursday; and, 7 a.m. to 12 p.m. - Fridays and Saturdays. 21. Use permit to be reviewed in six months from date of approval. PLANNING rC)MMISSIONONTING Cl JUNE 28. 1988 UP 88-03 Continued public hearing to consider the Fosters Freeze application of Dacara Inc. for a Conditional Use Permit to allow the construction of a drive -through restaurant on property known as 2200 S. Bascom Ave. in a C-2-S (General Commercial) Zoning District. Principal Planner Stafford reviewed the Staff Report of June 28, 1988 and the submitted plans for the Commission, noting that Staff is recommending approval of the presented plans. Commissioner Kasolas asked about the footprint of the existing building; the provision of landscaping within the drive-thru itself; expressed a concern about the possibility of the tunnel effect enhancing the noise, and indicated a sound study might be appropriate; expressed a concern that one would see an 18 foot high wall when driving along Bascom Ave., and this situation exists no where else in the City; and, asked if this high a wall could be built right up to the property line. Mr. Stafford responded that Staff feels that the sound would be affected out toward Bascom Ave. from the walled drive-thru area; and, there would only he a section of the wall right up to the property line. Commissioner Stanton asked about the current number of drive-thru restaurants existing on Bascom Ave. in Campbells jurisdiction, and if there have been any complaints about those restaurants from residents. Mr. Stafford indicated that there were several of these types of fast food uses to the north of this site (Der Wienerschnitzel, Taco Bravo, Jack in the Box, Carla Jr.); and, the Planning Staff has received no complaints from residents regarding the uses. Commissioner Perrine reported that this item was discussed by the Site and Architectural Review Committee. The Committee is coming before the Commission without a recommendation in that the members were split. Additionally, the applicant has asked to make a presentation to the Commission. Chairman Christ opened the public hearing and invited anyone to speak on this Item. Mr. John Chargin, 1059 Bent Dr., opposed the proposed use, citing the following problems: delivery trucks running in the parking lot for 45 minutes; noise, fumes, and pollution from vehicles; the proposed 18 foot wall; no sound studies have been done; hours of operation not indicated; use does not promote public health and safety of area residents; use abuts residential uses, and will become an attraction to young people. Mr. Chargin continued that he would like to see a sound study done addressing the drive-thru tunnel and the effect of having a parking area (which has never been there previously) immediately adjacent to the residential uses. PLONING COMMISSION DYING JUNE 28, 1988 PAGE 2. Mr. Steve Caruso, 1069 Bent Drive, opposed the proposed use noting that residents near the other fast food uses have complained to the Police Department about the noise and trash. Mr. Caruso expressed his concern with the noise from the radios and the drive-thru ordering station; asked how large the landscaping will be when installed; and, asked for a sound study to be done. Commissioner Kasolas asked about the hours of operation; the policy for addressing litter problems; the direction of the drive-thru; and the existing and project traffic movement restrictions in front of the subject site. Planning Director Kee noted that the Commission has the authority to restrict hours of operation and has done so in the past on other uses. Mr. Stafford indicated that the southerly driveway- is proposed as the entrance to the drive-thru area. Public Works Directcr Wimberly reported that the median stops north of Shady Dale and left -turns can be executed from the subject site. There are no plans to prevent left turns at this time and the condition is not unusual in this area. Setbacks permit drivers s clear view of on -coming traffic. Mr. Wimberly continued that the applicant can post signs to restrict turning movements, and this could be a condition of approval; however, from a traffic standpoint, Staff does not see that traffic would be so acute as to limit these turning movements. Commissioner Kasolas stated that he was concerned with the circulation plan, both through the restaurant and with the parking in the rear. He continued that he was very much concerned about the hours of operation, and the type of containers to be used which would have an affect on the atmosphere. Mr. Chargin stated that he was concerned about vehicles parking up and accelerating in the rear parking area because of the noise; and, he noted the lack of visibility because of cars parked on Bascom Ave. Mr. Steve Reeber, 259 Moneta Way, asked how far down the proposed wall would extend and how it would affect him. Mr. Charles Purnell, 1079 Shady Dale Ave., opposed the use, noti=,,; traffic problems of noise, speeds, and parking; and, expressed concern .:ith the trash problem. Mr. Purnell felt that there was not enough room or- %e for the number of parking spaces proposed. Mr. Tom Takata, 1042 Shady Dale, opposed the use stating thr'rho neighborhood did not need the additional problem the use would create Mr. Roger Wolfe, 1083 Bent Dr., expressed concern with the traffic problems the use could create, and with the nossible lack of attention for pedestrians near the site because of the attention drivers would be giving to their food when leaving the site instead of their s•irroundings. PLAMING COMMISSION %ING JIM 28. 1988 PAGE 3. Mr. James Chao, architect, stated that the developer ha.: been interested in the neighbors opinions since the incepti:.n of this project. The developer has met with the neighbors and tried to address their concerns, as well as the concerns of Staff. Mr. Chao continued that they would be happy to reduce parking and increase landscaping +.-� the rear; the tunnel effect of the drive-thru is mitigated by the introduction of rough textured materials with plant materials on It to reduce the noise level; and, the 18 foot wall is not seen from the street in that it is stepped and has landscaping on it. The applicant spoke with the Police Department, which indicated that cruising by youth has not been a problem in Campbell because of the Department's policies and enforcement procedure. The project has been designed to provide for inside dining, outside dining, and drive-thru service. The drive-thru traffic will be handled between the building and the buffer wall, and will be approximately 80 feet from the back property line. The hours of operation are Sunday through Thursday until 10:00 p.m., Friday and Saturday until 12:00 p.m. The applicant only asks to operate the same hours as the other fast food restaurants on the street. ('.,mmissfoner Kasolas asked. the Mr. Chao if he would consider coming back with plans eliminating the drive-thru completely and making back parking stalls with a landscaping buffer. Mr. Carl Abbott, owner, stated that he is not prepared to answer this question at this time. A financial study would have to be done. Mr. Chao continued that there is a great deal of concerns about drive-thrus; however, he felt that the presented design is a substantial improvement over other designs. Additionally, it should be considered that the applicant understands his clientele al ^apable of contro:_`_ng his customers. Commissioner Walker asked i_ it woold be possible to provide a yellow parking zone at the curb in the Immediate area with the intent of putting the delivery vans on the street rather than on the property near the residential area. Mr. Wimberly indicated that the use of the frontage can be restricted, and this issue can be addressed with conditions of approval. Mr. Carl Abbott noted that he had not been aware there was a problem with the delivery vans until this evening, and he will instruct the vans not to leave their engines running while making deliveries. Mr. Steve Reeber asked for protection of the residences with the provision of a higher rear wall which would extend to his property. Mr. Steve Caruso objected to the restaurant being open until midnight on weekends, noting that the residents deserved consideration of their privacy and quiet. Commissioner Kasolas noted that the applicant has indicated that he would only want what other neighborhood restaurants have. Would it be fair to limit his hours more than the other restaurantsi He asked Mr. Caruso if a sit-down restaurant be acceptable, e"en with longer hours? r PLANNING COMMISSION07ING ON JUNE 28, 1988 PAGE 4 Mr. Caruso responded that this would be acceptable and that the real problem is with the drive-thru use. M/S: Kasolas, Stanton - That the Commission recess at this point. Motion carried 3-2-2. The Commission recessed at 9:20 p.m.; the meeting reconvened at 9:30 p.m. Mr. Chao stated that the applicant would be happy to comply with replacing rear parking with landscaping. However, the project xifttx the drive-thru would not be economically feasible. without M/S: Kasolas, Walker - That the public hearing on UP 88-03 be closed. Motion carrie2 unanimously (5-0-2). Commissioner Walker felt that the location of the drive-thru was addressed very well and he was impressed with the design which attempted to minimize the noise. He continued that he would personally like to consider a continuation of this matter for additional information as follows: a full police report of thn affect of drive-thrus and fast food operations on the east side of Bascom Ave. on the adjoining neighborhoid; the provision of a sound study; traffic information in:luding any planned median extensions, and considerations for blocking through traffic c„ Shady Dale Ave. Commissioner Walker also suggested consideration of blocking off .:he back parking areL during late hours. Commissioner Kasolas stated that with respect to changes and additional suggestions, it is apparent that the applicant would like this issue decided on this evening, and has presented his best proposal indicPting that the project is economically unfeasible without the drive-thru. Commissioner Kasolas continued that he could not support the drive-thru; as well as having problems with the parking layout behind the wall, with the driveway cuts, and the location of the driveways presenting conflicting circulation patterns. Commissioner Kasolas stated that he was prepared to proceed with this application at this time. M/S: Stanton, Kasolas - That the Planning Commission adopt a Resolution denying UP 88-03 as presented; and, that specific findings for denial be adopted at the meeting of July 12, 1988. Discussion on motion Commissioner Walker stated that he would not support the motion because he felt the applicant was willing to work further on the issue. Vote on motion AYES: Commissioners: Kasolas, Stanton NOES: Commissioners: Perrine, Walker Christ ABSENT: Commissioners: Olzriwski, Dickson i,, PLANNING COMMISSION TITIFG JUNE 28, 1988 PAGE 5 M/ : Perrine, That the Planning Commission accept the Negative Declaration which has been prepared for this project; and, that the Planning Commission adopt a Resolution, incorporating the attached findings and conditions, and approve UP 88-03, with the added condition that a plans for a higher rear wall come back to the Commission for consideration. Motion failed for lack of a second. Brief discussion ensued regarding the permissibility and legalities of restricting parking during certain hours. M/S: Kasolas, Walker - rhat the public hearing on UP 88-03 be reopened. Motion carried unanimously (5-0-2). M/S: Perrino, Kasolas - That the public hearing on UP 88-03 be continued to the meeting of July 26, 1988; and, that additional information be provided as follows: (1) possible provision of rear sound walls; (2) hours of operation; (3) police report relating to fast food restaurants on the street; (4) provision of a sound study in the drive-thru tunnel and the rear parking lot area; (5) reduction of parking and provision of additional landscaping in the rear parking area; (6) traffic study with respect to: plans for extension of median islands along Bascom Ave., possibility of right turns only, curbs cuts servicing Sees and Fosters regarding conflicting traffic movements during hours of operation, possibility of blocking off Shady Dale to through traffic; and, (7) study of hours of use and lossible reduction of hours for drive-thru use. Discussion on motion Commissioner Kasolas stated that he believed the design of the building is extremely plain and that something should be done to get away from the plain block look, and that more of an architectural statement should be made. Mr. Wimberly noted that the issue of blocking movement on a public street is a very complex matter which requires extensive analysis. s;-.d, ......... ,, s. PLANNING COMMISSION MING JUNE 28, 1988 PAGE 6 Commissioner Walker noted that he would like to see the background information on what occurred on McBain Ave. to block that street. Vote on motion AYES: Commissioners: Kasolas, Stanton, Perrine, Walker, Christ NOES: Commissioners: None ABSENT: Commissioners: 01 zewski, Dickson. a � a PiEN NO. 4' STAFF REPORT - PLANNING COMMISSION MEETING OF JUNE 2b, 1988 UP 88-03 Continued public hearing to consider :he Fosters Freeze application of Dacara Inc. for a Conditional Use Permit to allow the construction of a drive- th:ough restaurant on property known as 2200 S. Bascom Ave. in a C-2-S (General Commercial) Zoning District. STAFF RECOMPONDATION That the Planning Commission accept the Negative Declaration which has been prepared for this project; and 2. That the Planning Commission adopt a Resolution, incorporating the attached findings and conditions, and APPROVE this application. STAFF DISCUSSION This proposal was continued from the previous Planning C. mmission meeting of May 24, 1988. so that revised plans could be submitted concerns expressed by the adjacent neighbors, Staff, and the Commission. Generally, the following concerns were expressed: 1. The proximity of the proposed drive-thn: restaurant in relationship to adjacent residential uses. 2. The potential noise and/or air pollutants generated by this type of drive-thru operation. 3. The provision of driveway approaches per City standard; and 4. Provision of a more substantial buffer along the rear property line. The applicant is requesting approval of a Conditional Use Permit to allow the construction of a new drive-thru restaurant on the subject property. The proposed project would require the removal of an existing drive-in restaurant and would share parking and driveway facilities with an adjacent retail candy operation south of the subject property. The project site which includes the existing See's Candy operation and the proposed drive-thru restaurant encompasses 27,537 sq.ft. in atna and is zoned C-2-S (General Commercial). The project site is surrounded by the following land uses: North: Retail building. South: Office (converted residence). Rest: Single Family Residential. West: Retail (restaurant). 0 0 UP 88-03 -2- June 28, 1988 The building indicate the construction of a two-story building with both an interior and exterior dining area on the second floor. The building footprint has been reduced and the proposed drive-thru has been moved closer to Bascom Ave. with a screen wall buffering the adjacent residential uses. Building walls are shown as a stucco materials (beige) with solar bronze glass for windows. The site plan indicates that the proposed project landscaping has been increased from 20% to 25% of the site. An increase in the building setback along the street and landscaping buffers have also been shown. The applicant has indi^ated the provision of 44 parking spaces (26 standard, 17 compact, 1 handicapped) for this project, resulting in a parking ratio of 1:151. The parking ordinance would require the provision of 45 parking spaces or a ratio of 1:147 for the retail/drive-thru uses; however, Staff is of the opinion that the proposed parking is adequate. Staff is recotmending the provision of 1 handicapped stall for the See's candy use. The Architectural Advisor is of the opinion that the revised design is superior and innovative. He does recommend `he introduction of an awning or trellis element along the street frontage to soften the street facade. The Commission, at its previous meeting, received a n sober of letters from adajacent property owners. Additionally, a concern was expressed regarding refuse collection. These letters and a memorandum regarding the timing of refuse collection are attached. Attachments 1. Recommended findings. 2. Planning Commission minutes of May 24, 1988. 3. Project Fact Sheet. 4. Site plan. 5. Conditions of approvgl. 6. Letters from: John Chargin Mr. and Mrs. Joe Robinson Steve Carusa Charlie Purnell 7. Memorandum :regarding refuse collection. l ! ,)ATTACHMENT #1 RECOMMENDED FINDINGS: UP 88-03 SITE ADDRESS: 2200 S. SASCOM AVE. APPLICANT: FOSTER'S FREEZE PC MTG: 6-28-88 1. The proposed drive-thru restuarant will not be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighbothood of the proposed use. 2. The presented plans indicate that the site size is adequate to accommodate the landscape buffers, screen walls, parking and loading facilties, and other development factures to integrate this use into the surrounding area. 3. The proposed use is adequately served by streets and driveways to carry the anticipated traffic capacity for this use. +. The proposed use is considered compatible with other commercial uses and residential uses in this area. 5. The architectural design is considered superior to other similar uses by the Architectural Advisor. 6. The use is desirable to the public convenience and is consistent with the objectives of the City's General Plan. 00*1 V ATTACHMENT #2 PLANNING COMMISSION `nncTING MAY 24. 1988 UP 88-03 Public hearing to consider the application of Dacara, Inc. Dacara Inc. for a Conditional Use Permit to allow the construction of a drive -through restaurant on property known as 2200 S. Bascom Ave. in a C-2-S (General Commercial) Zoning District. Principal Planner Stafforc. reviewed the Staff Report of May 24, 1988, noting that Staff is recommending a continuance at this time in order that revised plans may be submitted. Chairman Christ noted items for c:_respondence for she record: letter from Law Offices of Chargin and Chargin dated May 24, 1988; letter from Steve Carusa, 1069 Bent Drive, dated May 23, i988; and, a letter from the Architectural Advisor, Craig Mineweaser. These items will be included in the next Staff Report. Coamissioner Olszewski reported that this item was considered by the Site and Architectural Review Committee. Discussion included a number of proposed changes to the presented plans, including a central access, redesign of the building, relocation of the drive -up window, and provision of sound barriers. Therefore, a continuance is recommended. Chairman Christ opened the public hearing and invited anyone to speak on this item. Mr. James Chou, architect, reported that he had held a meeting with the neighborhood and approximately 5 households attended. Mr. Chou continued that he appreciated the comments from the neighborhood as well as the comments from the Site Committee, and he requested a continuance in order to revise the plans to address the concerns expressed. Mr. John Wagner, 1058 Shady Dale, expressed his concern with tht. position of the drive-thru near the residential neighborhood as well as the configuration of the drive-thru facility, and the location of the ordering equipment. Mrs. Elizabeth Chargin opposed the project for reasons of noise, dirt and pollution, noting that she owns the home immediately adjacent to the subject project, and therefore directly affected. Mr. Steve Caruso, 1069 Bent Drive, opposed the project citing reasons of noise and proximity to the rear property line adjacent to residential uses. Mr. Caruso felt that a drive-thru restaurant at this location would ue a detriment to the tranquility of the neighborhood. He also noted that the current garbage pick-up is very early in the morning and disturbs the residents. Mr. Charles Purnell, 1070 Shady Dale Ave., opposed the project for the same reasons as the previous speakers. PLANNING COMMISSIONING MAY 24, 1988 PAGE 2. Commissioner Kasolas stated that it would appear that whenever you have any type of commercial activity immediately next to an R-1 neighborhood, that both sides should try to accommodate each other. It would appear totally inappropriate to have a drive-thru at this location, and there would be no way he could support this project. Commissioner Kasolas agreed with the Architectural Advisor's letter, and noted that the building has presented is inappropriate and should be more compatible with the neighborhood. Commissioner Walker noted that this again brings up the need for overlay districts. He asked that the garbage pick-up company be contacted to rearrange pick-up times to lessen the disturbance on the residential neighborhood; he suggested that the drive-thru facility might be located closer to Bascom Ave. to lessen impact on the residential area; and, noted that he felt the possibility of a drive-thru working at this location was very minimal. Commissioner Dickson indicated he had comments similar to Commissioner Walker's, noting that a closer look needs to be taken at overlay districts so flit the Commission does not have to repeat itself whenever there is commercial next to residential. Commissioner Dickson commented that the sound problem is a very difficult one to control, and that he felt this was the wrong plan in the wrong place; however, the applicant has the opportunity to convince the Commission otherwise. Commissioner Kasolas commented that it is very clear to him that this type of restaurant is certainly needed in the community and serves a worthwhile purpose. He continued that everything should be done to encourage this use so long as it does not infringe on its neighbors or overburden the community. He expressed specific concern about the layout and any type of drive-thru operation adjacent to residential uses. Commissioner Stanton noted that the correspondence received represents a cry from the residents for help and protection, and it is unclear how the designer can answer the concerns. M/S: Perrine, Olszewski - That the public hearing on UP 88-03 be continued to the Planning Commission meeting of June 28, 1988. Motion carried unanimously (7-0-0). The Commission requested that Staff contact Green Valley Disposal Company regarding the pick-up Limes at the Foster's Freeze. n s n ^ATTACHMENT A3 PROJECT FACT SHEET FILE M: UP 88-03 SITE ADDRESS: 2200 S. BASGOM AVE. PC MTG: 6i28188 _ APPLICANT: DACARA, INC (FOSIF.R'S FREEZE) PROPOSED USE: DRIVE-THRU RESTAURANT 6 RETAIL CANDY SALES (SEE'S) GROSS LOT AREA: NET LOT AREA: 27.537 SITE UTILIZATION/COVERAGE: Building: 16% Paving:�� Landscaping: 25.36 EXISTING BUILDINGS ON SITE: EXISTING SEE'S STORE RETAINED: EXISTING FOSTER FREEZE REMOVED. PROPOSED CODE Height: Setbacks - Front: 13' 0' Left: 0' 0' Right: 8' 0' Rear: ' 64.5' ' 10' Parking - N Spaces: , 44 (1:151) , 45 (1:147) Ratio: , 1 PER 3 SEATS 6 , Type: , 1 PER EMPLOYEE , Density - General Plan: ' COMMERCIAL ' COMMERCIAL Zoning: C-2-S ' C-2-S SURROUNDING eneral Plan Zoning Land Use North: ' COMMERCIAL. ' C-2-S RETAIL South: ' COMMERCIAL C-2-S ' OFFICE East: ' LOW DENS. RES. ' R-1-6 SINGLE FAMILY West: ' COMMERCIAL ' C-2-S ' RESTAURANT BUILDING MATERIALS: STUCCO (BEIGE) 6 SOLAR BRONZE GLASS EXISTING GENERAL PLAN: COMMERCIAL EXISTING ZONING: C-2-S (GENERAL COMMERCIAL) ARCHITECTURAL ADVISOR'S COMMENTS: _ INNOVATIVE SOLUTION FOR DIFFICULT SITE. HE RECOMMENDS THE INTRODUC11ON OF AN AWNING OR TRELLIS TO SOFTEN STREET ELEVATION. _ A ATTACHMENT b4 Pr-OP05Eo SITE PLAN NLORIH CONDITIONS OF APPROVAL - FILE # UP 88-03 ATTACHMENT #5 SITE ADDRESS: 2200 S. BASCOM AVE. APPLICANT: DACARA, INC. PC MTG DATE: 6-28-88 The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the Ordinances of the City of Campbell and the Laws of the State of California. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California which pertain to this development and are not herein specified. 1. Revised elevations plan indicating improved awning/trellis treatment to be submitted to the Planning Department and approved by the Planning Director upon recommendation of the Architectural Advisor prior to application for a building permit. 2. Property to be fenced and landscaped as indicated and/or added in red on the plans. Landscaping and fencing shall be maintained in accordance with the approved plans. 3. Landscaping plan indicating type and size of plant material, and location of irrigation system to be submitted to the Planning Department and approved by the Site and Architectural Review Committee and/or Planning Commission prior to issuance of a building permit. 4. Fencing plan indicating location and design details of fencing and lighting plan to oe submitted to the Planning Department and approved by the Planning L+.rector prior to issuance of a building permit. 5. Applicant to -ither (1) post a faithful performance bond in the amount of $4,000.00 t) insure landscaping, fencing, and striping of parking areas within 3 months of completion of construction; or (2) file written agreement to complete landscaping, fencing, and striping of parking areas. Bond or agreement to be filed with the Planning Department prior to application for a building permit. 6. Applicant to submit a plan to the Planning Department, prior to installation of PG&E utility (transformer) boxes, indicating the location of the boxes and screening (if boxes are above ground) for approval of the Planning Director. 7. Building occupancy will not be allowed until public improvements are installed. 8. All parking and driveway areas to be developed in compliance with Chapter 21.50 of the Campbell Municipal Code. All parking spaces to be provided with appropriate concrete curbs or bumper guards. 9. Underground utilities to be provided as required by Section 20.36.150 of the Campbell Municipal Code. 10. Plans submitted to the Building Department for plan check shall indicate clearly the location of all connections for underground utilities inciuding water, sever, electric, telephone and television cables, etc. CITY OF CAMPBELL 2200 S. BASCOM AVE. UP 88-03 2 of 6 ?') CONDITIONS OF PPPBOVAL - FILE 11 UP 88-03 SITE ADDRESS: 2200 S. BASCOM AVE. APPLICANT: DACARA, INC. PC MTG DATE: 6-29-88 PAGE 2. 11. Sign application to be submitted in accordance with pruvisions of the Sign Ordinance for all signs. No sign to be installed unt-I application is approved and permit issued by Planning and Building Departments (Section 21.53 of the Campbell Municipal Code). 12. Ordinance No. 782 of the Campbell Municipal Code stipulates that any contract for the collection and disposal of refuse, garbage, wet garbage and rubbish producer. within the limits of the City of Campbell shall be made with Green Valley Disposal llCompany. This requirementts, to alls appliesa l all single --family dwellings, p Pa business, industrial, manufacturing, and construction establishments. 13. Trash concainer(s) of a size and quantity necessary to serve the e Department. development shall be located in area(s) approved Unless otherwise noted, enclosure(s) shall consist of a concrete floor surrounded by a solid wall or fence and have self -closing doors of a size specified by the Fire Department. All enclosures co be constructed at grade level and have a level area adjacent to the trash enclosure area to service these containers. 14. Applicant shall comply with all appropriate State and City requirements for the handicapped. BUILDING DEPARTMENT 15. Retaining walls at property lines are limited to a height of 15 inches if constructed of wood. 16. F—terior north wall and frog -ll to be oae hour ccnstruction. Table 5A, 1985 UBC. FIRE DEPARTMENT No comments at this time. PUBLIC WORKS DEPARTMENT 17. P-ocess and file a parcel map to combine the two lots or provide evidence of cross easements for parking and access between this parcel and APN 288-6-7. 8 18. Obtain an excavation permit, pay fees and p?,st surety to modify and/or relocate the driveway approaches, electrolier and storm drain inlet. 19. Submit three copies of grading and drainage plans for Public Works review. JOHN MARK CHARGIN MICHAEL T. CHARGIN VICTOR A. CHARGIN JR. MARY BIRMINGHAM EMERY ! COUNSEL n 004S J,�,11)11'7 s LAW OFFICES CHARGIN AND CHARGIN 1185 THE ALAMEDA. SUITE 21 O SAN JOSE, CALIFORNIA 95126 TELEPHONE (408) 984-7000 May 24, 1988 HAND DELIVERED City of Campbell 70 North First Street Campbell, California 95008 ATTENTION: Mr. Arthur A. Kee -lanning Commission Secretary Re: Fosters Freeze Redevelopment UP 88-03, 2200 S. Bascom Avenue Dear Mr. Kee: MARY ANNE COSMO PARALEGAL I will not be able to be personally present for :he above hearing set for 7:30 p.m, on May 24, 1988, as I must attend a City Council hearing in the City of Santa Clara at the same time. Accordingly, please consider this letter as my ost vehement protest against the so-called redevelopment of the Fosters Freeze business located at 2200 South Bascom Avenue. You must know, of course, that this business directly impacts my property inasmuch as we are the adjacent neighbor on the east end of said property. For these many years (25), we have suffered oust, noise pollution, exhaust from cars and trucks servicing said business, noise from out -door vacuum ing,garbage dumping and collecting in connection with the operation of said business. As bad as all of this has been, at least the Fosters Freeze building has been located near the Western most property line and more than a hundred feet from the brick wall separating our two properties. The new proposal will change all this and allow for the relocation of the building to within less than fifty feet of our property line and provide for a drive through or drive around which would come within a few feet of our property. we were told last night at a Fosters Freeze sponsored % :iv - r'1 City of Campbell Re: Foster Freeze May 24, 1988 Page 2 meeting with the neighbors that the use permit plan is to allow the stacking of at least eight cars in the drive around with a squawk box for the taking of orders. This would be so close to our property with customer's cars running their motors emitting exhaust fumes into the air that it would create an intolerable nuisance and irrevocably depreciate the value of our property. As it is now, our upper bedrooms and our pool are collectors of all the dust that emanates from the Fosters Freeze property and the proposed remodeling will only add to this problem. Therefore, because of the dust pollution of our property from the proposed operation, the exacerbation of the noise from the car motors running and customer's radios operating and squawk box emanations at. all hours of the day and right, and the delivery to our property of excessive dust, motor exhaust and air pollution, we strongly oppose the redevelopment and the drive through aspects cf same and respectfully request that you deny the applicants a conditional use permit. To grant same would only make worse and intolerable the nuisance that we have suffered from the Fosters Freeze operation, and further depreciate the value of our property. Very sincerely yours, 1�HARC�N CHAR7G/I "JO N MA K CHAR�IN for ELIZABETH M. CHARGIN an JOHN MARK CHARGIN JMC/mac � Ire `Jor a� Guti P�ineon '_\ -� r. ��_ •: n n �0 1 1• 1045 SS"(udy Daft 95M 005 CITY PIANNt UtMAw•+••�'+T May 23, 1988 Planning fmmis.i.n City of Campbell. 70 No First St Campbell, CA 95008 Re: UP 88-03 Deer airs, I just returned from a meeting regarding the proposed plena of Foster Freeze to construct a drive -through restuurant on their existing property at 2200 So Bascom, and I want to go on record that I object to the drive -through portion of their proposal. The plena x as I use them would put the drive -through portion at the back end of the property and closer to the residents that live on Bent Drive end Shadydale. Their drive -through would pees within 1S feet or so of the back of the property and because of the proximity to the residential areas surrounding it, the increase in noise and exhaust from the cars waiting in line wouic` be detrimental to the pence and quiet that a residential area of Campbell is entitled to. I also fear that the noise of radios from the waiting care could have a considerable impact on the quiet of the neighborhood. The Foster Freeze as it is now, as a walk-in type restaurant, seldom ganeretes enough miss to make it uncomfortable to live nearby, however, that is the way 7 would like it to remain. I would have no objection if they wanted to improve their facility and enlerge the building us long es it would remain a walk-in type rastaurant only. Bincarely, �ays Car a �� 1069 Bent Drive pr,�5wn MAY 2 4 INN CITY OF C:AMPBELL VLANNINa OErASTMENT �L +N1 } t �v I n MEMORANDUM 8 W CITY OF CAMPBELL To: Tim Haley Date. June 10, 19SB Planner II From: bara Lee +v A&ainistritive Assistant II Subject: Timing of Refuse Collection - 2200 South Bascom Avenue ---------------------------------------------------------- As you requested, I contacted Green Vei• ey Disposal regarding the timing of collection at 2200 South Bascom (Foster Freeze). Green Valley staff reviewed the collection schedule and will be able to make a change on that route to accommodate a later pick-up. Beginning Friday, June 10, the Friday morning pick-up, which was at approximately 5:30 a.m., will 'sake place after 6:00 a.m. The Monday morning pick-up, which was at approximately 3:30 a.m., will take place at about 6:OC a.m. Pleese let me know if I can answer any questions or provide additional information. AT, jw F: E-I ey PLANNING COMMISSION t.:.6TING MAY 24, 1988 UP 88-03 Public hearing to consider the application of Dacara, Inc. Dacara Inc. for a Conditional Use Permit to allow the construction of a drive -through restaurant on property known as 2200 S. Bascom Ave. in a C-2-S (General Commercial) Zoning District. Principal Planner Stafford reviewed the Staff Report of May 24, 1988, noting that Staff is recommending a continuance at this time in order that revised plans may be submitted. Chairman Christ noted items for correspondence for the record: letter from Law Offices of Chargin and Chargin dated May 2.4, 1988; letter from Steve Carusa, 1069 Bent Drive, dated May 23, 1988; and, a letter from the Architectural Advisor, Craig Mineweaser. These items will be included in the next Staff Report. Commissioner Olszewski reported that this item was considered by the Site and Architectural Review Committee. Discussion included a number of proposed changes to the presented plans, including a central access, redesign of the building, relocation of the drive -up window, and provision of sound barriers. Therefore, a continuance is recommended. Chairman Christ opened the public hearing and invite' anyone to speak on this item. Mr. James Chou, architect, reported that he had held a meeting with the neighborhood and approximately 5 households attended. Mr. Chou continued that he appreciated the comments from the neighborhood as well as the comments from the Site Committee, and he requested a continuance in order to revise the plans to address the concerns expressed. Mr. John Wagner, 1058 Shade Dale, expressed his concern with the position of the drive-thru near the residential neighborhood as well as the configuration of the drive-thru facility, and the location of the ordering equipment. Mrs. Elizabeth Chargin opposed the project for reasons of noise, dirt and pollution, noting that shs owns the home immediately adjacent to the subject project, and therefore direLtly affected. Mr. Steve Caruso, 1069 Bent Drive, opposed the project citing reasons of noise and proximity to the rear property line adjacent to residential uses. Mr. Caruso felt that a drive-thru restaurant t this location would be a detriment to the tranquility of the neighborhood. He also noted that the current garbage pick-up is very early in the morning and disturbs the residents. Mr. Charles Purnell, 1070 S1,ady Dale Ave., opposed the project for the same reasons as the previous speakers. t PLANNING COMMISSION IIING MAY 24, 1988 PAGE 2. Commissioner Kasolas stated that it would appear that whenever you have any type of commercial activity immediately next to an R-1 neighborl.iod, that both sides should try to accommodate each other. It would appear totally inappropriate to have a drive-thru at tl,is location, and there would be no way he could support this project. Commissioner Kasolas agreed with the Architectural Advisor's letter, and ncted that the building has presented is inappropriate and should be more compatible with the neighborhood. Commissioner Walker noted that this again brings up the need for overlay districts. He asked that the garbage pick-up company be contacted to rearrange pick-up ticaes to lessen the disturbance on the residential neighborhood; he suggested that the drive-thru facility might be located closer to Bascom Ave. to lessen impact on the residential area; and, noted that he felt the possibility of a drive-thru working at this location was very minimal. Commissioner Dickson indicated lie had comments similar to Commissioner Walker's, noting that a closer look needs to be taken at overlay districts so that the Commission does not have to repeat itself whenever there is commercial next to residential. Commissioner Dickson commented that the sound problem is a very difficult one to control, and that he felt this was the wrong plan in the wrong place; howevar, the applicant has the opportunity to convince the Commission otherwise. Commissioner Kasolas commented that it is very clear to him that this type of restaurant is certainly needed in the community and serves a worthwhile purpose. He continued that everything should be done to encourage this use so long as it apes not infringe or. its neighbors or overburden the community. He expressed specific concern about the layout and any tyre of drive-thru operation adjacent to residential uses. Commissioner Stanton noted that the correspondence received represents a cry from the residents for help and protection, and it is unclear how the designer can answer the concerns. M/S: Perrine, Olszewski - That the public hearing on UP 2R-03 be continued to the Planning Commission meeting of June 28, 1988. Motion carried unanimously (7-0-0). The Commission requestea that Staff contact Green Valley Disposal Company regarding the pick-up times at the Foster's Freeze. a c rt 04 ^, & NO. 5 STAFF P.EPORT - PLANNING COMMISSION MEETING OF MAY 24, 1988 UP 88-03 Public hearing to consider the application of Dacara, Inc. Dacara Inc. for a Conditional Use Permit to allow the construction of a drive -through restaurant on property known as 2200 S. Bascom Ave. in a C-2-3 (General Commercial) Zoning District. STAFF RECOMMENDATION 1. That the Planning Commission CONTINUE the cc.nsideration of this application to its meeting of June 28, 1988, so that revised plans may be submitted; OR 2. That the Panning Commission accept the Negative Declaration which has been prepared f,r this project; and 3. That the Planning Commission adopt the attached findings and DENY the applicant's proposal as presented. STAFF DISCUSSION The applicant is requesting approval of a Conditional Use Permit to allow the construction of a new drive-thru restaurant on the subject property. The proposed project would require the removal of an existing drive-in restaurant and would share parking and driveway facilities with an adjacent retail candy operation south of tie subject property. The project site which includes the existing See's Candy operation and the proposed drive-thrru restaurant encompasses 27,537 sq.ft. in area and is zoned C-2-S (General Commercial). The project site is surrounded by the following land uses: North: Retail building. South: Office (cor.verted residence). East: Single Family Residential. West: Retail (restaurant). The site plan indicates that apprjximately 20% of the project would be landscaped. The proposed drive-thru lane is located along the rear and north property lines of the project. A 1.5' to 2' landscape buffer is provided along these property lines. Building elevations indicate the construction of a single story building with off-white plaster for walls and a blue metal roofing. Window treatment is shown as a bronze solar glass and is introduced as a sky lite element as part of the roof element. The applicant has indicated the provision of 38 parking spaces and space for 9 cars in the drive-thru lane for this project. The parking ordinance would require the provision of 40 parking spaces for this project. Staff is of the opinion that the number of provided parking stalls is adequate for the proposed use. UP 88-03 'd -2- May 24, 1988 Staff expresses a number of concerns regarding this projact: 1. The proximity of the proposed drive-thru lane adjacent to the neighboring residential may adversely affect these properties in terms of noise, lighting, and vehicular emissions. 2. The proposed widths of driveways is not considered acceptable by the Public Work's Department. To accommodate the requested driveway widths, adjustments in the site plan will be required. 3. Minimal buffers have been provided between the proposed commercial use and adjacent residential uses. 4. The applicant has not clearly identified the hours of operation nor detailed she drive-thru operation in terms of method and use of ordering system. n a w PROJECT FACT SHEET Pl FILE M: UP 88-03 _ SITE ADDRESS: 200 S. BASCOM AVE PC MTG: 5-24-88 APPLICANT: DACARA, II1C DBA FOSTERS PROPOSED USE: DRIVE-THRU RESTAURANT GROSS LOT AREA: NET LOT AREA: 27,537 SITE UTILIZATION/COVERAGE: Building: _ 17.5 Paving: 62.15% Landscaping: 20.35% EXISTING BUILDINGS ON SITE: EXISTING DRIVE-IN RESTAURANT AND SEE'S CANDY i PROPOSED CODE Height: 75' Setbacks Front: 5' U Left: 15' Right: 10, 0' Rear: 47' 10, Pr sing - A Spaces: 1:126 1:120 Ratio: 39 PERCENT COMPACT 40 PERCENT COMPACT Type: Density - General Plan: ' Zoning: C-2-S General�n Zoning Land se _3UWRU9RMiM North: COMMERCIAL C-2-S RETAIL South: COMMERCIAL C-2-S OFFICE East: LOW DENSITY RES. R-1-6 SINGLE FAMILY West: COMMERCIAL C-2-S RETAIL BUILDING MATERIALS: PLASTER (OFF-WHITE) BLUr METAL ROOF EXISTING GENERAL PLAN: COMMIRCIAL EXISTING ZONING: C-2-S ARCHITECTURAL ADVISOR'S COMMENTS: NONE, A�AILARLE AT THIS WRITING. YK'4 ,.<< .,.—r. . RECOMMENDED FINDINGS: "°OP 88-03 SITE ADDRESS: 2200 S. BASCOM AVE. ArPLICANT: DACRA, INC. PC MTG: 5-24-88 1. The proposed drive-thru as presented may be detrimental to the use of neighboring residential properties due to potential noise, light and glare, and vehicular emissions resulting from the location of the proposed drive-thru lane. 2. The proposed site plan provides a minimal buffer to adjacent residential uses. 3. :'he proposed driveway approaches are not considered adequate by the Puh_ic Works Department. 4. Hours of operation nor detailed drive-thru operation not provided. n CONDITIONS OF APPROVAL'- FILE # UP 88-03 SITE ADDRESS: 2200 S. P',SCOM AVE. APPLICANT: DACARA, INC. PC MTG DATE: 5-24-88 The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the Ordinances of the Cit1 of Campbell and the Laws of the State of California. Additionally, the applicant is hereby notified that he/che is required to comply with all applicable Codes or Ordinances of Ehe City of Campbell and the State of California which pertain to this development and are not herein specified. 1. Revised elevations and/or site plan indicating improved buffers and larger driveways to be submitted to the Planning Department and approved by the Planning Director upon recommendation of the Architectural Advisor prior to application for a building permit. 2. Property to be f-iced and landscaped as indicated and/or added in red on the plans. Landscaping and fencing shall be maintained in accordance with the approved plans. 3. Landscaping plan indicating type and size of plant material, and location of irrigation system to be submitted to the Planning Department and approved by the Site and Architectural Review Committee and/or Planning Commission prior to issuance of a building permit. 4. Fencing plan indicating location and design details of fencing and lighting plan to be submitted to the Planning Department and approved by the Planning Director prior to issuance of a building permit. 5. Applicant to either (1) post a faithful performance bond in the amount of fv,000.00 to insure landscaping, fencing, and striping of parking areas within 3 months of completion of construction; or (2) file written agreement to complete landscaping, fencing, and striping of parking areas. Bond or agreement to be filed with the Planning Department prior to application for a building permit. 6. Applicant to submit a plan to the Planning Department, prior to installation of PG&E utility (transformer) boxes, indicating the location of the boxes and screening (if boxes are above ground) fcr approval of the Planning Director. 7. Building occupancy will not be allowed until public improvements are installed. 8. All parking and driveway areas to be developed in compliance with Chapter 21.50 of the Campbell Municipal Code. All parking spaces to be provided with appropriate concrete curbs or bumper guards. 9. Underground utilities to be provided as required by Section 20.36.150 of the Campbell Municipal Code. 10. Plans submitted to the Building Department for plan check shall indicate clearly the location of all connections for underground utilities including water, sewer, electric, telephone and television cables, etc. r..,.y ^, '.. , -Nyt:,f CONDITIONS OF APPROV FILE # UP 88-03 SITE ADDRESS: 2200 S. BASCOM AVE. APPLICANT: DACARA, INC. PC MTG DATE: 5-24-88 PAGE 2. 11. Sign application to be submitted in accordance with provisions of the Sign Ordinance for all signs. No sign to be installed until application is approved and permit issued by Planning and Building Departments (Section 21.53 of the Campbell Municipal Code). 12. Ordinance No. 782 of the Campbell Municipal Code stipulates that any contract for the collection and disposal of refuse, garbage, wet garbage and rubbish produced within the limits of the City of Campbell shall be made with Green Valley Disposal Company. This requirement applies to all single-family dwellings, multiple apartment units, to all commrcc.al, business, industrial, manufacturing, and construction establishments. 13. Trash container(s) of a size and quantity necessary to serve the development shall be located in area(s) approved by the Fire Department. Unless otherwise noted, enclosure(s) shall co,isist of a concrete floor surrounded by a solid wall or fence and have snif-closing doors of a size specified by the Fire Department. All enclosure:; to be constructed at grade level and have a level area adjacent to the trash enclosure area to service these containers. 14. Applicant shall comply with all appropriate State and City requirements for the handicapped. BUILDING DEPARTMENT 15. Retaining walls at property lines are limited to a height of 15 inches if constructed of wood. 16. Exterior north wall and front wall to be one hour construction. Table 5A, i985 UBC. FIRE DEPARTMENT No comments at this time. PUBLIC WORKS DEPARTMENT 17. Process and file a parcel map to combine the two lots or provide evidence of cross easements for parking, and access between this parcel and APN 288-6-7. 18. Obtain an excavation permit, pay fees and post surety to modify and/or relocate the driveway approaches, electrolier and storm drain inlet. 19. Submit three cupids of grading and drafr,ate plans for Public Works review. Ron Herman Lan&cape Architect 2156 Blake Street Berkeley, California 94704 415. 848-8072 Nov. 30, 1988 Tim J. Haley City of Campbell 70 North First St. Campbell, CA 95008 RE.: Fosters Freeze Revised Landscape Plan 2200 South Bascom Ave., Campbell. Dear Mr. Haley, Enclosed are two rev`_sed plans reflecting changes per our discussion on the meeting of Nov. 22, 1988 and the comments of the horticulturalist. Please note that there is now a raised planter along Bascom Ave. AlsD, a combination of hedge and tree planting along the rear property line has been added. I would appreciate your reviewing the plan and giving us some sort of stamped or written approval. If you have further questions and/or comments, please don't hesitate to call on us. Sincerely, - Ron Herman cc. James Chao, Architect. ]WED CITY CAMPBELL PLANNINQ D[PAWMENL PROPOSED FINDINGS MODIFIED FINDINGS FOR APPROVAL A. The City Council finds as follows: 1. The proposed use is located on Bascom Avenue I in a C-2-S General Commercial zoning district; 2. The site is presently occupie .,y an existing Foster's Freeze drive-in restaurant, and a See's Candy store; 3. The adjoining uses along Bascom Avenue are of a -commercial-_ ax_office type_v4e; and Basc_om_ Avenue is a major commercial thoroughfare; 4. The property will be served by Bascom Avenue, which is a main arterial street consisting ofsix moving lanes of traffic and a center turn lane in front of the proposed use; 5. The properties to the east of the proposed use are primarily single family residences. Although existing use already generates some disturbance to the neighbors due to noise and debris, and future disturbance to the neighbors should be adequately mitigated by the following conditions and features; a. An eight (8) to nine (9) foot blcck wall along the entire length of the rear property line; b. A landscape buffer along the property line; C. A sound wall dividing the drive -through way from the rear parking lot; d. Restricting access to rear parking area ---iu:ing-late night -hours; and--- - — -- e. A review of the use permit after the first three (3) months and six (6) months; and f. Hours of operation are restricted to between 7:00 A.M. and 10:00 P.M.; and 9. The volume of the speaker box shall be controlled so as not to be heard beyond the boundary of this property; 6. The proposed revisions to the restaurant show a two (2) story building with a second story patio facing Bascom Avenue. The building would have a stucco facade. The building immediately to the south is also of stucco. However, there is no consistent architectural style to the buildings along Bascom Avenue, but the posed design is generally harmonious with the commercial character of the other uses alcng Bascom Avenue, and the Architectural Advisor is of the opinion that the design is superior other commercial uses; 7. The site consists of 27,537 square feet, which I affords adequate provision for the existing retail structure to the north, the proposed Foster's Freeze restaurant's, forty-four (44) parking spaces, the rear block wall, provision for ingress and egress, the proposed landscape buffer, and the sound wall along the drive -through; 8. The proposed use will be a convenience to persrnr ioiking and residing in the vicinity; 9. Other similar drive -through and drive -up uses already exists along Bascom Avenue in the City; 18. The proposed parking is adequate to meet the needs of the anticipated patrons, and less parking demand is expected in the late evening; B. Based on the foregoing findings, the City Council further finds and concludes: 1. The establishment, maintenance, ^r F operation of the use applied for will not be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of such proposed use, and will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City; 2. The proposed site is adequate in _.size and shape to accommodate the yards, walls, tenses, parking and loading facilities, landscaping and other development features required in order to integrate said use with uses in the surrounding area; 3. The proposed site is adequately served by streets of sufficient capacity to carry the kind ar.d quantity of traffic such use would generate; 4. The proposed use will be compatible with the uses in the area; S. The proposed use, subject to the imposed conditions, will be consistent with the General Plan of the City and will aid in the harmonious development of the immediate area. 6. The proposed use, subject to the imposed conditions, will not produce a significant physical impact on the environment. CITY OF C A M P B E L L _LANDSCAPE AGREEMENT FILE is SITE ADDRESS: 20 `� C Q o.n cd mi1VSz . APPLICANT/OWNER: p c E. T�2 A --- DATE PROJECT APPROVED BY PLANNING COHNISSION: The applicant/owner of the above -referenced project does hereby agree to the following condition, which was approved as a part of this application: In lieu of the Landscape Bond requested Ihas a condition oon of the above -referenced approval, Y Bdit the alternate condition that the proposed development as described above shall not receive final Building Department clearance until the landscaping which was required, and accepted, as a part of such approval has been completely installed and accepted by the Planning Director of the City of Campbell. Signed: *Authority: Date: 1 111 *Note: This agreement shall be signed before Notary by the owner, developer or his agent, or any petsons having an equitable interest in the development. � Sr STATE OF CALIFORNIA On /............. dsyof...O 4Y?V.=..................... , in the year p M. jl'1lYfz.[Gk?t: ttke 1KE.i�.... 4.;c.n.7i...!1!lr�. ........ before me, COUNTY OF ..�Arr C!t .C. Lt9KA. 4 ?!�' vk'....... , AN Public, State of California, duly licensed snd swom, personally appeared.... .a.' S.. f34 a1FJr .131,i.VT ....... .. ........................................................... L K-WE S. ELINE pee�iy known tame for proved to me on the basis of satidectory evidence) NWARY PL%XJC-CAeaOAea* to be the person who executed the within instrument as .!.'.� S .!!S.✓ .4 ?2 -... eRPCOAL OFFICE IN or on behalf of the corporation therein named and acknowledged to me that SANTA CIARA COUNTY such corporation executed the within instrument pursuant to its by-laws or a sad cs _1 M Eapoer Wy to IM resolution of its bi sm of directors. IN WITNESS WHEREOF I have heretmto set my hand and affixed `..<�!+,.-jri<:F�Count my official seal in the . , ., .. , .. , y n.�..w.a... w r►+.w..,.► ^ •-+. ... .... , on the dye set forth above in this certificate. ._. �..__._^�..,...�.......� L t. `4.�_ , • Notary Public, State of California Carporp Y Ram No. 78 - Acknofladeement to Notary Public - Y e*, 1 ,�4 1 L Carpontfm lC. C.9w.t190 t19J.Ii-iRev. 1'83i ll onmmiadon 1 M CITY OF CAMPBELL 70 NORTH FIRST STREET CAMP BELL. CALIFORNIA 95008 (408) 888.2100 Department: Planning November 23. 1988 Dacara, Inc. DBA Foster's Freese 16084 Sharon Lane Salinas, CA 93908 RE: Fencing Plan, Barricade Plan, Landscape Plan 2200 S. Bascom Ave. UP 88-03 Dear Mr. Abbott: The Site and Architectural Review Committee, at its meeting of November 22. 1988, approved the referenced plans. A revised landscape plan reflecting the following changes should be submitted for the approval of the Planning Director. 1. A combination of screening shrubs and trees along the rear property line. 2. A revised landscape concept along the Bascom Ave. frontage indicating a stepped landscape element. Additionally, the extentlon of 8'-9' fence should be expanded to include that portion of masonry wall currently constructed along the northerly property line. If you have questions regarding this natter, please do not hesitate to contact the undersigned at 866-2140. Sincerely, ARTHUR A. KEE PLANNING ✓DIRECTOR TI�c.. PLANNER II Id cc: Mr. James Chao, AIA, 1136 Keith Ave., Berkeley, CA 94708 11r., Ron Herman, 2156 Blake St., Berkeley, CA 94706 CITY OF CAMPBELL 70 NORTH FIRST STREET CAMP ELL, CALIFORNIA 95008 (408) 888.2100 Dapa"nwnt: Planning December 13, 1988 Mr. Ron Herman 2156 Blake Street Berkeley, CA 94704 RE: UP 88-03 (Landscape Plan) 2200 S. Bascom Avenue Dear Mr. Merman: Please be advised that the Planning Director ha: approved the revised landscape plan for the above referenced project as red lined. A copy of the requested changes is indicated in red on the enclosed plans. If you should have any questions regarding this matter, please do not hesitate to contact the Planning Department at (408) 866-2140. CITY OF CAMPBELL 70 NORTH FIRST STREET CAMPBELL, CALIFORNIA 95008 (408)888.2100 Planning November 14, 1988 Department: TO: Dacara, Inc. Mr. James Chao, AIA DBA Fosters Freeze 1136 Keith Ave. 16084 Sharon Lane Berkeley, CA 94708 Salinas, CA 93908 FILE NO: UP 88-03 ADDRESS: 2200 S. Bascom Ave. PROJECT DESCRIPTION: Landscape Flan SITE & ARCHITECTURAL REVIEW COMMITTEE APPOINTMENT: Date: Tuesday, November 22, 1988 Time: 2:15 p.m. Please be advised that the Site and Architectural Review Committee of the Campbell Planning Commission will review your landscape plans for the above -referenced project at the appointment time noted above, in the Planning Department Conference Room, Campbell City Hall, 70 N. First St., Campbell, California. A copv of the Staff Report and recommendation will be mailed to you on Friday, November 18, 1988. It is necessary that you, or an authorized representative, attend the scheduled appointment with the Site and Architectural Review Committee. If you have questions regarding this setter, please do not hesitate to contact the Planning Department at (408) 866-2140. Sincerely, ARTHUR A. KEE PLANNING DIRECTOR ld/lc 0 CITY OF CAMPBELL 70 NOHTH FIRST STREET CAMP ELL, CALIFORNIA 95008 (408) 888.2100 Department: Planning November 14, 1988 NatmWe i Thomas Takata John 6 Elizabeth Chargin William 6 Gloria Henderson 1042 Shady Dale Ave. 1059 Rent Dr. 245 Moneta Way COVbell, CA 95008 Campbell, CA 95008 Campbell, CA 956GZ RE: Foster's Freeze Drive-Thru Restaurant 2200 S. Bascom Ave. Dear Property Owner: The Planning Department has received the landscape plans for the above - referenced project. Consid.ration of these plans by the Site and Archi- tectural Review Committee has been scheduled for Tuesday. November 22, 1988. These plans are available for review in the Planning Office at 70 N. First St., Campbell, between 8:00 a.m. and 5:00 p.m. if you should wis„ to review and make comments on these plans. It would be advisable for you to call the Planning Office at 866-2140 to schedule a time for this review. If you have questions regarding this matt.r, please do not hesitate to contact the undersigned at 966-2140. Sincerely, ARTHUR A. KEE PLANNING DIRECTOR TIM J. HALEY PLANNER II ld E (ENDORSFf» CIIA NOTICE OF DETE,CALIFON � ' ( F CN �` _j: secretary for Resources 1416 Ninth St., Rm. 1311 Sacramento, CA 95814 xx Canty Cleric's Office Santa Clara County 191 N. First Sr_. San Jose, CA 95113 AUG 01 1988 FROM: Pla ning`� ucwn c`'_cv of Campbell 70 N. First St. Campbell, CA 95008 RE: Filing of Notice of Determination in Conpliance with Section ^8 or 21152 of the Public Resources Code, PRwEcr TITLE: 4=641k" STATE CCFARINWOUSE # _ (If Applicable) C(NTACT PERSON: Tim J. Haley Telephone: (408) 866-2140 PROJECT LOCATICN: 44Wi>r, Jk a Am- , P[tOIBa ffi(RIMON: New Drive-thru Restaurant This is to advise that the CITY OF CNVBELL has made the following c+eterminaticns regarding the above described project: l.R 311me project has been approved by the City of Campbell. disapproved by the City of Campbell. 2.Z1 The project (] will have significant effect on the environment. S r e will not have significant effect on the environment. d 3,f An Environmental Impact Report was prepared for this project v pursuant to the provisions of CEQA. A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. The EIR or Negative Declaration and record of project approval may be examined at the planning Deppartment, City of Campbell, 70 N. First St., Campbell, CA 95008 4, 4fitigation measures were made a cordition of approval. Ai were not made a condition of approval. S. A statement of Overriding Considerations [ ] was adopted for this project. 40 was not adopted. DATE RECEIVED FOR FILING: SIQJATURE: �� TITLE: RECEII%D . JU(v 2 0�196�6 �( ND �/%rU1 (f( ""OEFARTMENT COMMENT SHEETOl /I�SITE a ARCHITECTURAL REVIEW COI.UlITTEE 61aY G �08� fLl J PLANNING COMMISSION MM Date Sent Out: T� n f �_�� y [ 1 ArchitectPBEE( FIRE DEPRIr; Planning Commission ( ] 3uilding Dept. Agenda Date: -2 9 _ Fire Dept. Police Dept. Please Return By ✓-i r ,'i 3* 0 [ I [ ] Public WorkalEngineering [ I Corporation Yard (xt Original Submittal ( J Redevelopment Agency ( ] Revised Submittal APPLICANT: Dacara• Inc. dba Fosters TELEPHONE: 455-1644 PROJECT ADDRESS: 2200 S. Bascom Ave PROPOSAL: Public hearing to consider the application of Dacara Inc.for a •:ooddttional use permit to allow the construction of a drive -through UP 88-03 restaurant on property known as 2200 S. Bas in a C-2-S(General Dacara inc. Cosmarcial)Zoning District. APN:288-06-00 DEPARTMENTAL RECOMMENDATIONS: CODE REQUIREMENTS (IF RECOMMENDED FOR APPROVAL): 11 Sec hon 13 vc, a—�zo�at � ENVIRONMENTAL REVIEW: The Planning Department has conducted an initial environmsntal study for this proposal, and (XI A Negative Declaration has been prepared for this proposal. (J A Categorical Exemption has been prepared for this proposal. $*Any environmental comments should be returned by: Ihv 3. 1988 DEPARTMENT COMMENT SHEET 1I1I " SITE a ARCHITECTURAL REVIEW COLiMITTEE 1111000 [r1aY L ]08r LJ PLANNING COMMISSION CA IPBELL FIRE DEPT,'2: Date Sent Out: 36,of �� �� [ 1 Architec Planning Commission [ ) 3uUding Dept. Agenda Date: J✓� 9 _ �. Fire Dept. [ ] Police Dept. Please Return By,if e0 uG C* Public Works/Engineering ��. 1 Corporation Yard [xk Original Submittal �' '0G� c'� ( ] Redevelopment Agency [ ] Revised Submittal F!(,��C 198� APPLICANT: Dacara- Inc. dba Fost:A0' �� TELEPHONE: 455-16B4 PROJECT ADDRESS: 2200 S. Bascom Ave PROPOSAL: Public hearing to consider the application of Dacara Inc.for a :codditional use permit to allow the construction of a drive -through UP 88-03 restaurant on property known as 2200 S. 8 ve. in a C-2-S(Gereral Dacara Inc. Comercial)Zoning District. APN:288-06- DEPARTMENTAL RECOMMENDATIONS: CODE REQUIREMENTS (IF RECOMMENDED FOR APPROVA:.): /_� 2t 'T ENVIRONMENTAL REVIEW: The Planning Department has conducted an initial environmental study for this proposal, and [XI A Negative Declaration has been prepared for this proposal. [ ) A Categorical Exemption has been prepared for this proposal. **Any savineamsntal oommcnts should be returned by: My 3. 198E i ftPARTMENT COMMENT SHEET* SITE a ARCHITECTURAL REVIEW COMMITTEE PLANNING COMMISSION Date Sent Out: Aril 29,1988 [ ] Architect Planning Commission [ ] Building Dept. Agenda Date: May 24,1988 [ ] Fire Dept. [ ] Police Dept. Please Return By: May 10, 1988 " [✓ Public Works/Engineering ( ] Corporation Yard [ x3 Original Submittal [ ] Redevelopment Agency [ ] Revised Submittai APPLICANT: ;dcara Inc. dba Fosters TELEPHONE: 455_16A4 PROJECT ADDRESS: 2200 S. Bascom Ave PROPOSAL: Public hearing to consider the application of Dacara Inc.for a -conditional use permit to allow the construction of a drive -through UP 88-03 restaurant on property known as 2:.00 S. Bascom Ave. in a C-2-S(General Dacara Inc. Cosmercial)Zoning District. APN:288-06-008 DEPARTMENTAL RECOMMENDATIONS: CODE REQUIREMENTS (IF RECOMMENDED FOR APPROVAL): 1 P, ocrss and d i �G Q jonr ce( rrta n }o erL"Lone 111f yid Ater• 7,4 crops P a$e%"r, 1-S •i� onr�C aria nnc[ nt�ffS �'J t1Wr�ry -- ti aT / I4I &G BNVIRONMENTAL REVIEW: ta The Planning Department has conducted an initial environe t study for this proposal, and [Xd A Negative Declaration has been prepared for this proposal. [ ] A Categorical Exemption has been prepared for this proposal. If vour Department is of the opinion that additional environmental review is re **Any environmental comments should be returned by: May 3. 1988 I* A DEPARTMENT COMMENT SHEET � 1�[L� SITE a ARCHITECTURAL REVIEW C012AITTEE MAI( Z 108� L PLANNING COMMISSION Date Sent Out: Jvq e /C C7 %� ( j CAIl�PBE[t FIRE DEPJ,,t: Architec Planning Commission 3uUding Dept. Agenda Date: T✓� 9 _ Fire Dept. — [ ] Please Return By:✓�� 2/,�i %'4 ( J Police Dept. Public Works/Engineering ( ] Corporation Yard (x} Original Submittal [ ] Redevelopment Agency [ ] Revised Submittal APPLICANT: Dacara• Inc. dba Fosters TELEPHONE. 455_16E4 PROJECT ADDRESS: 2200 S. Bascom Ave PROPOSAL: Public hearing to consider the application of Dacara Inc.for a-vootittional use permit to allow the cons lion of a drive -through UP 88-03 restaurant on property known as 2200 S. Bas a C-2-S(General Dacara Inc. Commercial )Zoning - District. APN:288-06-00 yt DEPARTMENTAL RECOMMENDATIONS: e 9 P CODE REQUIREMENTS XIF ECOMMENDED FOR APPROVAL): C- yo M Q N Z t el 4� S ,.J,., cla a ENVIRONMENTAL REVIEW: The Planning Department has conducted an Initial environmental study for this proposals and (XI A Negative Declaration hu been prepared for this proposal. ( )- A Catogorioal Eramption has been prepared for this proposal. - - *$Any emtdtaslmental comments should be returned by% IYe f_ lflE ftPARTMENT COMMENT SHEET* SITE a ARCHITECTURAL REVIEW CONM1TTEE PLANNING COMMISSION Date Sent Out: Aril 29 1988 [ ] Architect Planning Commission [ Building Dept. Agenda Date: May 24,1988 f ] Fire Dept. �� [ ] Police Dept. Please Return By: May 10, 1988 [ ] Public Works/Engineering [ ] Corporation Yard [ xt Original Submittal [ ] Redevelopment Agency I ] Revised Submittal APPLICANT: Dacara Inc. dba Fosters TELEPHONE: 455_7684 PROJECT ADDRESS: 2200 S. Bascom Ave PROPOSAL: Public hearing to consider the application of Dacara Inc.for a conditional use permit to allow the construction of a drive -through UP 88-03 restaurant on property known as 2200 S. Bascom Ave. in a C-2-S(General Dacara Inc. Commercial)Zoning District. APN:288-06-008 DEPARTMENTAL RECOMMENDATIONS: CODE REQUIREMENTS [II' RECOMMENDED FOR APPROVAL): ENVIRONMENTAL REVIEW: The Planning Department has conducted an initial environmental study for this proposal., and IX] A Negative Declaration has been prepared for this proposal. I I A Categorical Exemption has been prepared for this proposal. If vour Department is of the ovinion that additional environmental review is re **Any environmental comments should be returned bv: May 3. 1988 _ I. ^ :. mw . a w Planning may 12, 1988 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., on shortly thereafter, on Tuesday, May 24, 1988 in the City Hall Council Chambers, 70 N. First St., Campbell, California for public hearing to consider the application of Dacara Inc. for a Conditional Use Permit to allow the construction of a drive -through restaurant on property known as'22M3. Sascoa A,ie. in a C-2-S (General Commercial) Zoning District. APN 288-06-008 FILE# M 88-03. A Negative Declaration has been prepared for this project. Plans, elevations, legal descriptions, and/or 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 CITY OF CAMPBELL ARTHUR A. KEE SECRETARY PLEASE NOTE: When calling about this Notice, please refer to UP 88-03, 2200 S. Bascom Ave. DAT r J MAY 1 'ydd Ut- Ur VUbLIUR I IUN 750 RIDDER PARK DRIVE SAN JOSE. CALIFORNIA 95190 IN THE clrr OF cAWa .._,,..____--- --------------- STATE OF CALIFORNIA COUNTY OF SANTA CLARA Cltof C bell . . ................ »....................... ....... ._................. 75 North Cen-..........................._....._ Caaobell. CA 95008........ _.............. .................................... STATE OF CALIFORNIA. COUNT? OF SANTA CLARA 7rt WICK 11ir1{ YN {v/ •YrM1 wpar� W wyR TIu1 n n 1Y1e• nN•h••« nrwi•1.4 rw {n{ M { • Yw r sr ur•{ swr. rw ti 4 r NywNe „•n. W M • V✓U' a m ". N«wIN 1111e• MMw NIw1{ � W �/ N W YYIp N ••ie IiM�Iv^"' %Y `nYrlull� P w •nOMW�•N'N a 11 F pr p,r.rr r rr W �••• rwrry N•w • w.n+o•oN aw+1 •{f r {•• Jr• r ••Y Or•+I r tem• Or•, O•r N v�ipf••. NN NN Gn Jw N«nry NM r •n0 rN N MI Un•• A•w 111•Ir«r{ • M1yi N {«1«Y w•wlion N W1 1«m Y w blN' f•clialw p6W rrr.«s r {r W.•+••«+ fN• r •r �N fY1n1... «•t •• : piw• h ••wc1iM r ert " We .r r. ar.••1Nri r W N NrN./'w •n• hi••owr N y«wN •ti.w1w, wq e«1. in rarN/ri YA r {•1Y0 r1Nrr«4 W r M ••NN r n• •Yw•w. « W�'N b In. w.w1•hm•n1 w •rrilwr r • MNW rr «r•rrn•t r••w wwo. 1«r «. a.n+.l+•«. « n ar •m•n•hnrnl •ro rrrirYw r r• •i••rw r rNr r.rw VN•NW+r. YNr. taUMli. w w W�my�•'vr: w1 « •. linty •W NIW�i rr r.w Nr Wr4 MMN W WNIY'N M N WI M YI {•n Jw Y1 NN Cuimr W {�•�. N .yr rrwr r rrr ON1 w Nr pwN/p ti r« P�+Yen r n• M<• wNn mw�wa. n.N ..a .r�.. «r Y r sF •a r•rw w .• — {«NN I= 1ti ;7z •dim ..c . d ln• nolp N.N•r {1•n r•1 V raw r «rw•N r • w p- CW - w•1 p.11j•M4 wW p- h a«rN r r rm% r.0 r•wOW w ti ra•d0 r r August 10. 1988 ON",* t•• aM Crror 16th �...• A..a...r r_JSB. __.__- bra Nr, W r+{+w ti Jr•. ww•t N•ra ----- dm O f l.(1//i 21� NOTICE OF IEARINO Y7ICE {IEIYI7 WM Yr Mip{pOwM &WR``►A�C1�w,rMMllww wiwr M a.Nl� ri{wd L+nN�I cwrMw{r11M{ Y{ IM��Y rwMaM��A�wM{ w AMAmos lo'r b APO A m weaftleft TM. pit CITY OF CAMPBELL 70 NORTH FIRST STREET CAMP BELL. CALIFORNIA 95008 (4081888.2100 Dgwtment: Planning November 9, 1988 Mr. James Chow AZA 1136 Kent Avenue Berkeley, California 94708 RE: UP 88-03 2200 S. Bascom Avenue Dear Mr. Chow: The Planning Department is in receiFt of the landscape/Irrigation plan for the referenced project. Please note that the following information should still be submitted to satisfy the conditions of approval. 1. Revised elevations indicating building awnings, 2. Fencing plan; and, 3. Parkirg barricade plan for evening parking situations. Zf you have any questions regarding this matter, please do not hesitate to contact the Planning Department at (a08) 866-2140. Sincerely, Arthur A. Kee Planning Director Tim Haley Planner ZZ TH:kf i� CITY OF CP►M PBEILL 70 N O R T H F I R S T S T R E E T CAMpg EL L, CALIFORNIA 35008 (408) 8 6 6 - 2 1 0 0 Department: Planning Dacara, Inc. DBA Fosters Freeze 16084 Sharon Lane Salinas, CA 93908 RE: UP 88-03 220 S. Bascom Ave. September 27, 1988 Mr. James Chao, AIA 1136 Keith Ave. Berkeley, CA 94708 Please he advised that the City Council, at its sseting of September 6, 1988, upheld the decision of the Planning Commission to approve a new drive-thru restaurant on the referenced property. This approval is subject to the conditions in the enclosed Rezolution and the following conditions added by the Citv Council: 1. Hours of operation are restricted to between 7:00 a.m. and 10:00 p.m. 2. The volume of the speaker box shall be controlled so as not to be heard beyond the boundary of this property. If you should have any questions regarding this matter, please do not hesitate to contact the Planning Department at 866-2140. Sincerely, ARTHUR A. KEE PLANNING DIRECTOR TIN J. HALEY PLANNER II ld cc: Russell and Mary Bate 13699 Sarahilla Dr. Saratoga, CA 95070 RESOLUTION "O. 2543 PLANNING COMMISSION BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A USE PERMIT ALLOWING THE CONSTRUCTION OF A DRIVE-THRU RESTAURANT ON PROPERTY KNOWN AS 2200 S. BASCOM AVE. IN A C-2-S (GEN.Z.RAL COMMERCIAL) ZONING DISTRICT. (APPLICATION OF DAGARA, INC., UP 88-03). After notification and public hearing as specified by law on the application of Dacara, Inc., on behalf of Foster's Freeze, for a Conditional Use Permit and approval of plans and elevations to allow the construction of a drive-thru restaurant on property known as 2200 S. Bascom Ave. in a C-2-S (General Co®ercial) Zoning District, as per the application filed in the Planning Department on April 29, 1988; 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 proposed drive-thru restuarant will not be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of the proposed use. 2. The presented plans indicate that the site size is adequate to accommodate the landscape buffers, screen walls, parking and loading facilties, and other development features to integrate this use into the surrounding area. 3. The proposed use is adequately served by streets and driveways to carry the anticipated traffic capacity for this use. 4. The proposed use is considered compatible with other commercial uses and residential uses in this area. 3. The architectural design is considered superior to other similar uses by the Architectural Advisor. 6. The use is desirable to the public convenience and is consistent with the objectives of the City's General Plan. Based on the above findings, the Planning Commission does hereby grant the requested Use Permit, subject to the following conditions: 1. Revised elevations plan indicating awnings, restrictive parking Larrier, and increased rear fence height to be submitted to the Planning Department and approved by the Planning Director upon recommendation of the Architectural Advisor prior to application for a building permit. 2. Property to be fenced and landscaped as indicated and/or added in red on the plans. Landscaping and fencing shall be maintained in accordance with the approved plans. Resolution No. 2543 0 -2- w UP 88-03 3. Landscaping plan indicating type and size of plant material, and location of irrigation system to be submitted to the Planning Department and approved by the Site and Architectural Review Committee and/or Planning Commission prior to issuance of a building permi'^. 4. Fencing plan indicating location and design details of fencing and lighting plan to be submitted to the Planning Department and approved by the Planning Director prior to issuance of a building permit. 5. Applicant to either (1) post a faithful performance bond in the amount of $4,000.00 to insure landscaping, fencing, and striping of parking areas within 3 months of completion of construction; or (2) file written agreement to complete landscaping, fencing, and striping of parking areas. Bond or agreement to be filed with the Planning Department prior to application for a building permit. 6. Applicant to submit a plan to the Planning Department, prior to installation of PG&E ut_lity (transformer) boxes, indicating the location of the boxes and screening (if boxes are above ground) for approval of the Planning Director. 7. Building occupancy will not be allowed until public improvements are installed. 8. All parking and driveway areas to be developed in compliance with Chapter 21.50 of the Campbell Municipal Code. All parking spaces to be provided with appropriate concrete curbs or bumper guards. 9. Underground utilities to be provided as required by Section 20.36.150 of the Campbell Municipal Code. 10. Plans submitted to the Building Department for plan check shall indicate clearly the location of all connections for underground utilities including water, sewer, electric, telephone and television cables, etc. 11. Sign application to be submitted in accordance with provisions of the Sign Ordinance for all signs. No sign to be installed until application is approved and permit issued by Planning and Building Departments (Section 21.53 of the Campbell Municipal Code). 12. Ordinance No. 782 of the Campbell Municipal Code stipulates that any contract for the collection and disposal of refuse, garbage, wet garbage and rubbish produced within the limits of the City of Campbell shall be made with Green Valley Disposal Company. This requirement applies to all single-family dwellings, multiple apartment units, to all commercial, business, industrial, manufacturing, and consi.--tion establishments. 13. Trash container(s) of a size and quantity necessary to serve the development shall be located in area(s) approved by the Fire Department. Unless otherwise noted, enclosure(s) shall consist of a concrete floor surrounded by a solid wall or fence and have self -closing doors of a size specified by tie Fire Department. All enclosures to be constructed at grade level and have a level area adjacent to the trash enclosure area to service these containers. Resolution No. 2543 * -3- UP 88-03 14. Applicant shall comply with all appropriate State and City requirements for the handicapped. BUILDING DEPARTMENT 15. Retaining walls at property lines are limited to a height of 15 inches if constructed of wood. 16. Exterior north wall and front wall to be one hour construction. Table SA, 1985 UBC. FIRE DEPARTMENT No comments at this time. PUBLIC WORKS DEPARTMENT 17. Process and file a parcel map to combine the two lots or provide evidence of cross easements for parking and access between this parcel and APN 288-6-7. 18. Obtain an excavation permit, pay fees and post surety to modify and/or relocate the driveway approaches, electrolier and storm drain inlet. 19. Submit three copies of grading and drainage plans for Public Woiks review. PLANNING DEPARTMENT 20. Hours of operation be limited to: 7 a.m. to 10 p.m. 21. Use permit to be reviewed in three months and in six months from date of approval. 22. Landscape plan to address buffer at rear of property including type and size of trees. Adjacent property owners to be notified of meeting when landscape plans are discussed. An 8' or 9' wall should be provided along adjacent residential uses. CITY COUNCIL 23. The volume of the speaker box shall be controlled so as not to be heard beyond the boundary of this property. The applicant is notified as part of this application that he/she is required to comply with all applicable Codes and/or Ordinances of the City of Campbell and thn State of California which pertain to this development and are not herein specified. PASSED AND ADOPTED this 26th day of July 1988 by the following roll call vote: AYES: Commissioners: Perrine, Olszewski, Walker, Christ MOSS: Commissioners: Stanton, Dickson ABSENT: Commissioners: Kasolas APPROVED: Ronald W. Christ Chairman ATTEST: Arthur A. Kea Secretary 0 CITY OF CAMPBELL 70 NORTH FIRST STREET CAMP BEL L, CALIFORNIA 95008 (408)a66-2100 DePvt a l: CITY C1JMK September 8, 1988 Mr. John M. Chargin 1059 Bent Drive Caupbell, CA 95008 Dear Mr. Chargin, The City Council at its regular meeting on September 6, 1988 considered an appeal of the Planning Commission decision relative to construction of a drive-thru restaurant at 2200 S. aascom Averme. Following a review and discussion of this application, as well as testimony fran neighbors present in the audience, the City Council took action to uphold the decision of the Planning Commission on the basis of proposed modified findings, attached hereto. If ,you should have any questions regarding the City Council's action, Dlease do not hesitate to call this office at 866-2117 or the City Planning Department at 866-2140. Sincerelv, Barbara Olsasky City Clerk cc: P14mm g Dept. CITY OF CAMPBELL 70 NORTH FIRST STREET CAMP ELL. CAL FORNIA 95008 (408)888.2100 Department: CITY CLERK September 8, 1988 Mr. Thomas Takata 1042 Shady Dale Ave. Campbell, CA 95008 Dear W. Takata, The City Council at its regular meeting on September 6, 1988 considered an appeal of the Planning Commission decision relative to construction of a drive-thru restaurant at 2200 S. Bascom Avenue. Following a review and discussi,xt of this application, as well as testimony from neighbors present in the audience, the City Council took action to uphold the decision of the Planning Cumission on the basis of proposed modified findings, attached hereto. If you should have any questions regarding the City Council's action, please do not hesitate to call this office at 866-2117 or the City Planninq Department at 866-2140. Sincerely, Barbara 01sasky City Clerk cc: Planninq Dept. 03 Q PROPOSED FINDINGS MODIFIED FINDINGS FOR APPROVAL A. The City Council finds as follows: 1. The proposed use is located on Bascom Avenue in a C-2-S General Commercial zoning district; 2. The site is presently occupied by an existing Foster's Freeze drive-in restaurant, and a See's Candy store; 3. The adjoining uses along Bascom Avenue are of a commercial or office type use; and Bascom Avenue is a major commercial thoroughfare; 4. The property will be served by Bascom Avenue, which is a main arterial street consisting ofsix moving lanes of traffic and a center turn lane in front of the proposed use; 5. The properties to the east of the proposed use are primarily single family residences. Although existing use already generates some disturbance to the neighbors due to noise and debris, and future disturbance to the neighbors should be adequately mitigated by the following conditions and features; a. An eight (0) to nine (9) foot block wall along the entire length of the rear property line; b. A landscape buffer along the property line; C. A sound wall dividing the drive -through way from the rear parking lot; d. Restricting access to rear parking area during late night hours; and e. A review of the use permit after the first three (3) months and six (6) months; and f. Hours of operation are restricted to between 7:99 A.M. and 10:09 P.M.; and g. The volume of the speaker box shall be controlled so as not to be heard beyond the boundary of this property; 6. The proposed revisions to the restaurant show a two (2) story building with a second story patio facing Bascom Avenue. The building wovid have a stucco facade. The building 05 immediately to the south is also of stucco. However, there is no consistent architectural style to the buildings along Bascom Avenue, but the posed design is generally harmonious with the commercial character of the other uses along Bascom Avenue, and the Architectural Advisor is of the opinion that the design is superior to other commercial uses; 7. The site consists of 27,537 square feet, which affords adequate provision for the existing retail structure to the north, the proposed Foster's Freeze restaurant's, forty-four (44) parking spaces, the rear block wall, provision for ingress and egress, the proposed landscape buffer, and the sound wall along the drive -through; 8. The proposed use will be a convenience to persons working and residing in the vicinity; 9. Other similar drive -through and drive -up uses already exists along Bascom Avenue in the City; 18. The proposed parking is adequate to meet the needs of the anticipated patrons, and less parking demand is expected in the late evening; B. Based on the foregoing findings, the City Council further finds and concludes; 1. The establishment, maintenance, or operation of the use applied for will not be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of such proposed use, and will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City; 2. The proposed site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features required in order to integrate said use with uses in the surrounding area; 3. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such use would generate; 4. The proposed use will be compatible with the uses in the area; 5. The proposed use, subject to the imposed conditions, will be c(,nsistent with the General Plan of the City and will aid in the harmonious development of the immediate area. 6. The proposed use, subject to the imposed conditions, will not produce a significant physical impact on the environment. MEMORANDUM CITY OF CAMPKILL To: FILE _ UP 88-03 Date: SEPTEMBER 6, 1988 FOSTERS FREEZE, 2200 S. BASCOM AVE Fran: PLANNING STAFF Subject: CHRONOLOGY OF EVENTS/ACTIONS PERTAINING TO UP 88-03 --------------------- DIJCUSSION ---------------------------------- The following is a chronological iisting of the events/actions pertaining to the application for approval of a drive-thru restaurant at 2200 S. Bascom Ave. 1. April 29, 1988 - Application for a new drive-thru restaurant to replace the existing Foster's Restaurant is received by Staff. As submitted, the site plan calls for a total of 3 driveways on the site, with drive-thru customers required to drive their vehicles to the rear of the property - adjacent to single family residential properties. 2. May 24, 1988 - Public hearing befote the Planning Commission. The application was continued to the meeting of June 28, 1988 in order to provide the applicant time to submit revised plans. 3. June 17, 1988 - Applicant submits revised plans indicating 2 driveways servicing the site, and a change to the on -site circulation pattern that keeps drive-thru customers approximately 65' from the residential properties. A sound wall between the drive-thru vehicles and the residential properties is also proposed. 4. June 28, 1988 - The Planning Commission considered revised plans and elevations. The application was continued to the meeting of July 26, 1988 in order to allow time for the provision of additional information as follows: - Possible provision of rear sound walls. - Hours of operation. - Police report relating to fast food restaurants on the street. - Provision of a sound study in the drive-thru. tunnel and rear parking area. - Reduction of parking in order to provide. additional landscaping in the rear parking area. - A traffic study. o File - UP 88-03 - 11 Foote Freeze September 6, 1988 - Page 2. 5. July 26, 1988 - Planning Commission takes action to adopt Resolution 2543 approving UP 88-03, subject to conditions. 6. August 2, 1988 - The City Clerk receives a letter of appeal, dated July 28, 1988, from Thomas, June and May Takata. 7. August 4, 1988 - The City Clerk receives a letter of appeal, dated August 4, 1988, from Mr. John Mark Chargin. 8. September 6, 1988 - Appeal is considered by the City Council. ld B UP 88-03 / 2200 S. Bascom Ave. V Applicant: Dacora, Inc. 1P.1 P•C MIG: 5-24$E 2B8-6-1 HINDS FRANK A,'D CAROL ET AL TUCKER DAVID A 19730 GRAYSTONE LN SAN JOSE CA 95120 288-6-4 & 5 CLARI7.IO FRANK AND LILY 2025 WILLESTER AV SAN JOSE A 95124 288-6-6 TURK DOUGLAS AND EVIE ET AL TURK ROBERT AND DEE 1264 S RASCnM AV SAN JOSE CA 95128 288-6-7 6 8 BA7 RUSSELL AND MARY 13649 SARAHILLS DR SARATOGA CA 95070 288-06-11 TAKA.TA YOSO 1042 SHADY BALE AV CAMPBELL CA 95008 288-6-12 WAGNER JOHN AND VIVLAN 1053 SHADY DALE AV CAMPBELL CA 95008 ?88-6-13 PURNELL CHARLIE M AND LOUISE 1070 SHADY DALE AV CAMPBELL CA 95008 288-6-14, 288-7-34 GEMMA JOSEPH AND TANYA 2150 S. BASCOM AVE. CAMPBELL CA 95008 288-6-15 DOETSCH RALrH AND LORRAINE F 1100 SHADY DALE AV CAMPBELL CA 95008 268-6-36 BROWN MARK C 1097 BENT DR. CAMPBELL CA 95008 ej 288-6-46 CALVERT WADE AND RU1H 1082 BENT OR CAMPBELL CA 95008 288-6-47 GOLDBERG LARRY AND ARLENE 1096 BENT DR. CAMPBELL CA 95008 288-6-37 WOLF ROGER ET AL JOHNSON JO A PO BOX 7308 SAN JOSE CA 95150 288-6-38 288-6-69 CARUSA STEPHEN A AND FLORENCE J BURT.S ROBERT G 1069 BENT DR 272 NONETA WY CAMPBELL C95006 CAMPBELL ,;A 95008 288-6-39 288-6-70 CHARGIN JOHN A;0 .�,.hGETH M MERINO LARRY AND MARIE 1059 BENT DR 2190 S. BASCOM AVE. CAMPBELL CA 95008 CAMPBELL CA 95008 288-6-40 288-6-71 HENDERSON WILLIAM AND GLORIA RODRIGUES HORACIO AND HILDA 245 MONETA WY 2260 S. BASCOM AiE. CAMPBELL CA 95008 CAMPBELL CA 9500E 288-6-41 288-7-12 SWEET ROBERT AND SUSAN GORMAN CLARICE W 259 MONETA WY 1083 SHADY DALE AV CAMPBELL CA 95003 CAMPBELL CA 95008 288-6-42 288-7-13 2EBB PAIA. M JAQUES JOHN AND DIANNE 273 MONETA WY 1061 SHADY DALE AV CAMPBELL CA 95008 CAMPBELL CA 95008 288-6-43 288-7-14 LEETHAM JOEL AND MERLYN ROBINSON JOSEPH AND EUNA 285 MONETA WY 1045 SHADY BALE AV CAMPBELL CA 95008 CAMPBELL CA 95008 88-03 22 J 2'00 S. BASCOM AVE. • APPLICANT: Dacora, Inc. Page. 2 PC Mtg. 4-24-88 288-7-16 ALTER BERNARD M AND RUTH ET AL ALTER GARY 2110 S. BASCOM AVE CAMPBELL CA 95008 412-11-1 SEV CORPORATION, INC. 2165 S BASCOM AVE. CAMPBELL CA 95008 412-11-2 MADDEN MARK S AND DALE H 2175 S BASCOM AVE CAMPBELL CA 95008 412-11-3, 4 AM4BROSE GINA 973 APRICOT AVE CAMPBELL CA 95008 412-11-63 S. BASCOM INVESTORS I TOM MITCHELL 2155 S BASCOM, STE 104 LOS GATOS CA 95030 412-19-20 3 21 HERTZ MARTIN ET AL MR STEAK INC. 2329 WEST MAIN STREET LITTLCTON CO 80120 412-19-22 ALL CALIFORNIA TITLE COMPANY 2255 S BASCOM AVE CAMPBELL CA 95OD8 412-19-024 9A;COM ASSOCIATES 10C N. WINCHESTER BL NO 1 SAN JOSE CA 95128 m ... `'^�.� • �` 1 ram' _.. �• 4 a CITY OF CAMPBEII 70 NORTH FIRST STREET DATE MAILED CAMPS ELL. CALIFORNIA 95008 (408) Bee -z 1 00 AUG 17 1988 DWWrtment: CITY CLERK N O T I C E O F H E A R I N G 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, Septelber 6, 1988, in the City Hall Council Chambers, 70 N. First Street, Campbell, California, as the time and place for public hearing to consider an an of the Planniny CoTnission decision relative to a Conditional use Permit to allow the constrnction of a drive -through restaurant on property known as 2200 S. Bascom Avenue in a C-2-S (General Co.mercial) zoning district. APN 288-06-008. FILE# UP 88-03. A Negative Declaration has been prepared for this project. Plans, elevations, legal descriptions, and/or other supporting documentation are on file in the Planning Department, 70 N. First St., Campbell, California. Interested persons are invited to a-rpear and be heard at said 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 samone else raised at the public hearing described in this Notice, or in written correspondence delivered to the City of Campbell City Clerk's Office at or prior to the public hearing. nuestions may be addressed to the Planning Office at 866-2140. CITY COt.JNCIi. CI OF CAMPBELL BARBARA OtSASKY CITY CLERK PLEASE NOTE: Pfien calling about this Notice, please refer to UP 88-03, 2200 S. Bascom Avenue e41 P1 LAW OFFICES CHARGIN AND CHARGIN JONN MARK CHARGiN IC1885 THE AL AMEDA. SUITE 21 O MARY ANNE COSMO cA MNAEL T. CHARGIN SAN JOSS CALIFORNIA 93128 PARALEGAL TELEPHONE (408) 964-7000 VICTOR A CHARGIN. JR- MARY WR MiGNAM EMERY OF COWNEL R EGEVV VD August v, 1988 pUG . e 19� CISr CLERK$ �F�CE To the Mayor and City Council Members of the Campbell City Council Re: Appeal from planning Commission Grant of a Conditional Use Permit to Decara, Inz. Case No. up 83-03 on July 27, 1988 Dear Council Members: On behalf my wife, Elizabeth, myself and several of our neighbors, I wish to appeal from the grant'ng of a conditional use permit. to Decara, Inc., by your planning Commission for the on property 2200a51aBascomtAvedr1Qve(Yheo�g��tersFreezetinstallation)lonaJulyted at 27, 1988). The grounds for our appeal are that said installation as granted will corstitute a public nuisance and diminish the value of the residental property adjacent to and in the vicinity of said location. We 8L'e the owners of the residental property most immediately impacted by thiF commercial use enlargement allowed t,v the conditional use perr,it. Said usage is not in the best interests of the City of Campbell and certainly not required by public convenience, safety, necessity and welfare. The traffic problems, noise anC smoke pollution and invasions of privacy that will ensue from this use permit grant will blight the City and seriously depreciate the value of the residental area in which we live. 1 respectfully request the City COuT'cil to schedule this matter for a hearing on our appeal at your earliest convenience. I am aware of the passino of my dear friend and former Mayor Ralph Doetsch and of the serious illness of one of your members, so that if you wish to delay the appeal hearing I will understand August 4, 1988 Page 2 and await your pleasure concerning the date of same. JMC/mac DJuly 28, 1988 AUG a z 1988 City of Campbell CITY OF CAMPBE"- 70 North First Streec pLAN NANO DEPARI>+T Campbell, California 95008 GG Attns City Clerk 41 41 Re. UP 88-03 Fosters Freeze c �: To whom This may Concerns we attended a public hearing on July 26, 1988 on the issue UP-88-03, Foster Freeze. we are against making a drive -through restaurant because of the followings 1, Sound a. 'there was not enough sufficient noise studies done at different times of the day and during the evening where there is a "squawk box" speaker and asking the neighborhood living nearby about sound (i.e.. weinerschitz . on Bascom Ave has a drive -through restaurant) but the Jack -in -the -Box should not be compared because there areno residents living in the back of that drive -through restaurant h. Cars coming in and out of the drive -through restaurant c. Parking the cars in the rear of the drive -through restaurant d. The Green Valley disposal truck makes too much noise 7, wall or Fence We would like a concrete block wall 8' in height where our property ends (see red marking on map) 3. Traffic a. It is very difficult and sometimes impossible to make a left turn from Shady Dale Avenue onto Bascom Avenue and it is difficult to see the oncoming traffic because vehicles are parked on Bascom Avenue in front of Foster Freeze and the surrounding businesses, (See map) b. The Apricot Avenue cross traffic across from Foster Freeze will always be congested. The corner of Apricot Avenue and Bascom Avenue has a children's day care center. (See map) c. Traffic on Bascom Avenue is always busy and congested at all times, day and nigh. Making right and left turns onto Basc-m Avenue takes several minutes or more. 0 6a 4.. Litter and Trash We do not want litter thrown over the wall or fence into our back yard and also on the front yard of our property. 5. Parking Many of the businesses nearby do not have sufficient parking so cars, trucks, etc, park in front of our property and we cannot park our own car(. in front of our own home. 6. Drainage Drainage to go out onto Bascom Avenue Thomas Takata uneT akau W May Tak to 1042 Shady Dale Avenue Campoell. California 95008 Enclosure -� �v h '�s � � � ��:�� N k w � �` ': 1-) 0 CITY OF CAMPBELL 70 NORTH F I R S T STREET CAMP BELL. CALIFORNIA 95008 (408)866-2100 O"WrtmMt: CITY CLERK August 9, 1988 Thomas Takata June Takata May Takata 1042 Shady Dale Ave. Campbell, CA 95008 RE: Appeal of Planning Commission Decision - UP 88-03 "tmis letter acknowledges receipt of the appeal which you filed with the City Clerk's Office an August 2, 1988 regarding the Planning Commission's decision to grant a conditional use permit for property located at 2200 S. Bascom Avenue. This appeal has been scheduled for a public hearing before the City Council on September 6, 1988. The meeting will be held in the Council Chamber City Hall, 70 N. First Street, Campbell, California, and will begin at 7:30 p.m. A copy of the staff summary sheet and agenda will be mailed to you prior to the meeting. It is advisable that you or an authorized representative be present at said hearing. If you should have any questions concerning this matter, please contact the City Clerk's Office. Sincerely, Barbara Olsasky City Clerk CITY OF CAMPBELL 70 NORTH FIRST STREET CAMP BELL, CALIFORNIA 95008 (408) 166-2100 DeprUn mt: CITY CLERK N O T I C E O F H E A R I N G NOTICE IS VJEREBY GIVEN that the City Council of the City of Campbell has set the hour of 7:30 p.m., or shortly thereafter, on 71•esday, September 6, 1988, in the City Hall Council Chambers, 70 N. First Street, Campbell, California, the e tire and place for public hearing to consider an an of the Planning Commission decision relative to a Conditional Use Permit to allow the construction of a drive -through restaurant on property known as 2200 S. Bascom Avenue in a C-2-S (General Comercial) zoning district. APN 288-06-008. FILE# UP 88-03. A Negative Declaration has been prepared for this project. Plans, elevations, legal descriptions, and/or other supporting documentation are on file in 'he Planning Department, 70 N. First St., Campbell, California. Interested persons are invited to appear and be i,ard at said hearing. Please be advised that if you challenge the nature of thn 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 deliver-eJ to the City of Campbell City Clerk's Office at or prior to the public hearing. questions may be addressed to the Planning Office at 866-2140. CITY CWJCIL DACARA, INC CAMPBELL DBA FOSTERS FREEZE 144Z-0 SHARON LANE SALINAS CA 44908 SALIN BAE2BARA OLSASKY RUSSELL 6 MARY BATE CITY CLERK 13699 SARAHILLS DR SARATOGA CA 95070 PLEASE NOTE' JAMES CHAO, AIA When Calling about this Notice, please 1136 KEITH AV refer to UP 88-03, 2200 S. Bascom Avenue BERKELEY CA 94708 � r'1 CITY OF CAMPBELL 70 NORTH FIRST STREET CAMPBELL, CALIFORNIA 95008 (408) 866-2100 D"rtme t: CITY CLERK August 9, 1988 John Mark Chargin Chargin and Chargin 1885 The Alameda, Suite 210 San Jose, CA 95126 RE: appeal of Planning Commission Decision - UP 88-03 This letter acknowledges receipt of the appeal which you filed with the City Clerk's Office an August 4, 1988 regarding the Planning Camtission's decision to grant a conditional use permit for property located at 2200 S. Bascom Avenue. This appeal has been scheduled for a public hearing before the City Council on September 6, 1988. The meeting will be held in the Council Chamber, City Hall, 70 N. First Street, Campbell, California, and will begin at 7:30 p.m. A copy of the staff summary sheet and agenda will be mailed to you prior to the meeting. It is advisable that you or an authorized representative be present at said hearing. If you should have any questions concerning this matter, please contact the City Clerk's office. Sincerely, Barbara Olsasky City Clerk CITY OF CAMPBELL 2200 S. BASCOM AVE. UP 88-03 3 of 6 i � ) I CITY OF Ct-MPBELL 70 NORTH FIRST STREET CAMP BELL, CALIFORNIA 95008 (408) 866-21 CO Department: CITY CLERK N O T I C E O F H E A R I N'CTICE IS HEREBY GIVEN that the City Council of the City of Campbell has set the ha+r of 7:30 p.m., or shortly thereafter, on Tuesday, September 6, 1988, in the City Hall Council Chambers, 70 N. First Street, Campbell, California, as the tire and place for public hearing to consider an appeal of the Planning Comnission decision relative to a Conditional Use Permit to allow the construction of a drive -through restaurant on property known as 2200 S. Bascom Avenue in a C-2-S (General Commercial) zoning district. APN 288-06-008. FILE'# UP 88-03. A negative Declaration has been prepared for this project. Plans, Pievations, legal descriptions, and/or other supporting documentation are on file in the Planning Department, 70 N. First St., Campbell, California. Interested persons arc invited to appear and be heard at said hearing. Please be advisee that if you challenge the nature of the above project in court, you may be lip ted 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 City Clerk's Office at or prior to the public hearing. (Uestions may be addressed to the Planning Office at 966-2140. CITY COU'ICIL CI OF CAMPBEI. DBAHFO, INC /////'^^ n GBA E'USTERS FREEZE I I// Y! t 16084 SHARON LANE � {'��//.QSAL NAS CA 94908 BARBARA OILSASKY CITY CLERK RUSSELL 6 MARY BATE 13b99 SARAHILLS DR SARATOGA CA 95070 PLEASE NUPE: .TAMES CHAO, AIA When calling about this Notice, please 113b KEITH AV refer to UP 88-03, 2200 S. Basom Avenue BERKELEY CA 94708 y ,.. � � •; - e'1 n CITY OF CAMPBELL 70 NORTH FIRST STREET CAMPBELL, CALIFORNIA 95008 (408)866-2100 Department: CITY CLERK August 9, 1988 John Mark Chargin Chargin and Chargin 1885 The Alameda, Suite 210 San Jose, CA 9`_125 RE: Appeal of Planning Commission Decision - UP 88-03 This letter acknowledges receipt of the appeal which you filed with the City Clerk's Office on August 4, 1988 regarding the Planning Commission's decision to grant a conditional use permit for property located at 2200 S. Basc(m Avenue. 'this appeal has beer. scheduled for a public hearing before the City Council on Septrnber 6, 1988. The meeting will be held in the Council Clamber, City Ball, 70 N. First Street, Campbell, California, and will begin at 7:30 p.m. A copy of the staff summary sheet and agenda will be mailed to you prior to the meeting. It is advisable that you or an authorized representative be present at said hearing. If you should have any questions concerning this matter, please contact the City Clerk's Office. Sincerely, Barbara Olsasky City Clerk CITY OF CAMPBELL 70 NORTH F I R S T S T R E E T CAMP BELL, CALIFORNIA 95008 (408) 866-2100 Department. Planning July 28, 1988 Mr. Carl Abbott Dacara Inc. 16084 Sharon Lane Salinas, CA 93908 RE: UP 88-01 2200 S. Bascom Ave. Dear Mr. Abbott Please be advisea that the Planning Commission, at its meeting of July 26, 1988, adopted Resolution No. 2543 approving your request to construct a drive-thru restaurant on the subject property. This approval 1s effective August 5, 1988, and is subject to the conditions stated in the enclosed resolution. If you have questions regarding this matter, please do not hesitate to contact the undersigned at 866-2140. Sincerely, ARTHUR A. KEE PLAuNING DIRECTOR 0a1 ^ July 28, 1988 ' A,t,� City of Campbell 70 North First Street T Campbell, California 9SO08 rl C/FRN c n;•Mc Attnn City Clerk Ret UP 88-03 Fosters Freeze To Whom This May Concerns We attended a public hearing on July 26, 1988 on the issue UP-88-03, Foster Freeze. We are against making a drive -through restaurant because of the followings 1. Sound a. There was not enough sufficient noise studies done at different times of the day and during the evening where there is a "squawk box" speaker and asking the neighborhood living nearby about sound (i.e.. Weinerschitzel on Bascom Ave has a drive-thrx)ugh restaurant) Jut the Jack -in -the -Box should not be compared becau�o there areno residents living in the back of that drive -through restaurant b. '-ars coming in and out of the drive -through restaurant c. Parking the cars in the rear of the dri-re-through restaurant d. The Green Valley disposal truck makes too much noise 2. Wall or Fence We would like a concrete block wall 8� in height where our property ends (see red marking on map) 3. Traffic A. It is very difficult and sometimes impossible to make a left turn from Shady Dale Avenue onto Bascom Avenue and it is difficult to see the onccming traffic be--ause vehicles are parked on Bascom Avenue in front of Foster freeze and the surrcunding businesses. (See map) b. The Apricot Avenue cross traffic across from Foster Freeze will always be congested. The corner of Apricot Avenue and Bascom Averic has a children's day care center. (See map) c. Traffic on Bascom Avenue is always busy and congested at all times, day and night. Making right and left turns onto P,SvDm Avenue takes several minutes or more. -2- t 4.. Litt!r and Trash We do not want litter thrown over the wall or fence into our back yard .and also on the front yard of our property. 5. Parking many of the businesses nearby do not have sufficient parking so cars, trucks, ex. park in front of our property and we cannot park our own car(s) in front of our own home. 6. Drainage Drainage to go out onto Bascom Avenue Thomas Takata —3une akata May Takata 1042 Shady Dale Avenue Campbell. California 95008 Enclosure }; . I ^' f y!ro* f MEMOAANDU►A CITY OF CAMPBELL To: Art Kee, Planning Director Dare: July 26, 1988 From. Don Stefani, Lieutenant Subject: Foster Freeze - UP 88-03 In response to your letter of July 21, the "Alpha record file" was checked for the fast food restaurants located on Bascom Avenue. For the most part, the calls for service '.dentified by our records system tends to be those cases in which an official police report is generated because the business itself is a victim of a crime The business or location is not recorded in the A1Dha file for non -report crimes such as noise complaints, traffic problems, minor littering or disturbances i. which the complaining party is anonymous or who rEfused to prosecute the case. A dispatch log is maintained by communications which lists the type, location, reporting party unless anonymous and a disposition for each call, but this format is not easily researched. It would require a hand search of a substantial number of individual documents to correlate a reporting party/type of incident/location/disposition. Although not a direct correlation to the issue, of interest is the relationship which appears by listing the number of police repots ascribed to each business. The r^_ports include such crimes as armed robbery, grand theft, burglary, petty theft, vandalism, assault and battery, and public intoxication. Business 'fears Number of Reports Taco Bravo 1981 to 1988 17 Carl's Jr. 1976 to 11-1988 49 Der Wienerschnitzel 1968 to 1988 49 he Box Jack in r 1971 to 1988 49 ° Foster's Fr^eze 1975 to 3-1987 5 The unretreivable information which is known to the police officers b, virtue of their routine response to calls for service is that we respond to noise, traffic, suspicious activity, fights and iittering complaints from, and in the neighborhood on Fewtrell. Page 2 This is in spite of the barrier which is made up of the day care center located on Fewcrell behind Taco Bravo, and Wieoerschnitzel, and the muiit-story office building at 1930-1932 Bascom. I would anticipate an increase in traffic between each of the restaurants Pnd we have routinely experienced rival high schools claiming "turf" at various locations with the resultant confrontations. I regret that the information retrieval system cannot provide the specific numbers which would p:ovide the hard data to corroborate what is generally known by the members of our department. /ejt cc: James A. Cont, Chief 19ft 13ATE: June 30, 1988 TO: ALL DE:.IVERY DRIVERS FROM: Jerry Wilkerson Sus.IECT: Foster Freeze - Bascom A ienue, San Jose INTER -OFFICE COMMUNICAI ION JUL 13 1988 QD -ITY OF CAMP©ELL "CANNING OEPARTMENT Effective immediately, any delivery drivers delivering product to Foster Freeze, Bascom Avenue - please turn off your tractor when unloading product. Mr. Abbott has requested this procedure due to the increased noise level in that area. Thank o v J r Wilkerson Distribution Manager cc: Mr. Carl Abbott /jl a p ri (o p h 5"JO �A,-t T-t�n� O G+- tNi wSot� 1 t N 7 1 CITY Luj.- C CA <Lf :7- gi, 4 A;w , A, e� CITY OF CAMPBLLL 70 NORTH FIRST STREET CAMP BELL. CALIFORNIA 95008 (408) 866-2100 Department: Planning July 18, 1988 TO: Dacara Inc. DBA Fosters Freeze 16084 Sharon Lane Salinas, CA 93908 FILE NO: UP 88-03 ADDRESS: 2200 S. Bascom Ave. PROJECT DESCRIPTION: Drive -through restaurant SITE 6 ARCHITECTURAL REVIEW COMMITTEE APPOINTMENT TIME: Date: Tuesday, July 26, 1988 Time: 8:45 a.m. (or shortly thereafter) PLANNING COMMISSION MEETING: Tuesday, July 26, 1988 7:30 p.m. (or shortly thereafter) Please be advised that the Site and Architectural Review Committee of the Campbell Planning Commission will review your plans for approval of the above -referenced project at the appointment time indicated above. The meeting will be held in the Planning Conference Room, North Wing, 70 N. First St., Campbell, California. The Committee Chairman will then make a recommendation to the Planning Commission at the Commission meeting which will be held at 7:30 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 agenda for the Planning Commission meeting will be mailed to you on Friday, July 22, 1)88. It is necessary that you, or an authorized representative, be present at both the Site and Architectural Review Committee and Planning Commission Beatings. If you have questions regarding this notice, please contact the Planning Department at 408/866-2140. Sincerely, &-. e. ARTHUR A. KEE PLANNING DIRECTOR . Id cc: Russell i Mary Rate, 13699 Sarahllls Dr., Saratoga, CA 95070 Mr. Jam" Chao, AIA, 1136 Keith Ave., Berkeley, CA 94708 DEPARTMENT COMMENT SHEET RD ,"`7O1g [f) SITE a ARCHITECTURAL REVIEW C011MITTEE niar L 198p PLANNING COMMISSION CAPBELL FIRE 0EPA:?,::_;^ Date Sent Out: JvArchitecttir /C./j�%� �'1 M Planning Commission l 1 3uilding Dept. Agenda Date: J✓� = 9 _. Fire Dept. Police Dept. Please Return By, r '&P , �i Y 0 [ 1 ( j Public WorkslEngineering Corporation Yard [ xY Original Submittal ( 1 [ Redevelopment Agency ( j Revised Submittal APPLICANT: Dacara, Inc. dba Fosters TELEPHONE: 455-16R4 PROJECT ADDRESS: 2200 S. Bascor- 4ve PROPOSAL: Public hearing to consider the application of Dacara Inc.for a ..aol(ditional use permit to allow the constWtion of a drive -through UP 88-03 restaurant on property known as 2200 S. B sMr6a -2-S(General Dacara Inc. Commercial )Zoning District. APN:288-06- DEPARTMENTAL RECOMMENDATIONS: CODE REQUIREMENTS (IF RECOMMENDED FOR APPROVAL): MUcif f --, a Jw*WrivV S-nPr tKam, L70- /f�a•� GvJ< 1 Nlc AtPn.rrt, t•'E — 77f a c +3 I ENVIRONMENTAL RZVMWt The Planting *Department has conducted an initial environmental study for this proposalt and (Xl A Negative Dsolaration has been prepared for this proposal. I 1 A Catepxiesl Rosmption has born prepared for this proposal. **Any environmental comments should be returned by: Mar 2- *fell . e-5 0 , , As- [MINEWEASER & ASSOCIATES !Architecture, Interior Design and Planning 43 Devine Street. San Jose. CA 95110 (408) 947 1906 May 24, 1988 PLANNING COMMISSION City of Campbell RE: Recommendation for Denial of Conditional Use Permit for FOSTERS FREEZE 2200 S. Bascom Ave. Campbell, CA Having carefully reviewed this application, my recommendation is for denial as presented. The concept of a drive -through restaurant at this location is not necessarily a bad one, and if well done I could support it, but as presented here no. Staff has adequately informed you of the siting problems; instead, I wish to discuss the image presented by the building itself. Attached you will find a recent article by the San Jose Mercury News Architectural Reviewer, Alan Hess, that discusses one approach by fast food chains to adapt their cookie cutter plans to individual city requirements. Also attached are pictures of the Burger King on the University Avenue in Palo Alto. It wa.s designed by a local architect in response to the City,s _ret�i-r-ements. One example represents the current strip sping center approach: LANDSCAPE THE HECK OUT OF IT AND OR YES, USE "NATURAL MATERIALS". The second one is the latest in the urban core approach. San Francisco has a similar MacDonalds and Paris has a similar Burger King near the Pordpidou M•iaeum of Art. The world is no longer always accepting the company standard and this location as GATEWAY TO THE CITY OF CAMPBELL is too important to accept it here. Instead, I r,tcommend a look that is between the two attached examples. It should have plenty of landscaping as screening of the building and driv,,-through, and it should be done in more subdued colors and shapes that respect its neighbors. Note that the restaurant next door has undergone many management changes in the last ten years. Its current painting scheme of a modified southwestern look seems both contemporary, somewhat subdued and inviting, and in my estimation architecturally successful. It will not compete with the POSTERS building, nor should the FOSTERS building compete with it. 00 r,1 I advocate that FOSTERS go back to the drawing board to present a concept that is more compitable with the new buildings in the neighborhood. It may still have an unusual roof, not the tired blue psuedo mansard - but a contemporary shape in subdued contemporary materials and colors. It may still have a drive - through - but sited so it doesn't cause so many traffic problems on Bascom. It may still have bronze glass - but not a mirrored box. Because of the location of this site, we're looking for something that invites people inside (Shelly's Restaurant is a good example of contemporary materials and shapes that is still "a good neighbor".) If you haven't seen it by now, let me say that the days of. the Golden Arches are over. The country is preserving a few for their historic significance, but fast-food restaurants no longer have to litter the landscape like billboards. This application as presented, given its combination of mass, color, material and siting, will look like a giant billboard. I can't see this as appropriate for such an important downtown site! This site will become increasingly significant to the generation of downtown tax dollars as the Pruneyard undergoes a rena7.ssance in the next few years to compete with other quality shopping centers. The applicant needs to know that what is drawn on the final approved drawings is the wry we will expect it to look when built. Therefore, I am reminding the applicant now that in addition to material and color samples, we will want to see dimensions on the elevations plus section and detail drawings that accurately describe the insets, overhangs, glass frame size, etc. Also, as with many other recent applications, �;e need to see a street elevation, complete with landscaping, fencing, cars and people. This drawing should extend from property line to property line. To conclude, please keep in mind that if the Wienerschnitzel fast fooa restaurant a few doors further up Bascom were presented for approval today, I could not imagine the Planning Commission approving it. I hope I have adequately explained my reasuns for recommending denial. Sincerely, Craig Mineweaser, A.I.A. Architectural Advisor to the Campbell Planning Commission LO MIEASER! ASSOCIATES 93 Dev -se Sheet. Son Jose. 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A— r dwa .rrr arrLL.0 arY N d nr Y W rWlr rep• d wwr dl�• d rwr rp.11 s..i . ed.ww err.v..wry.w.r rr w ►•r./r` rr raNn . r.. era.nY rap 1.1. r•••l.l I ry rea. W rW We w.r p.rd WOW wry ..rd as. r rd. 8 F J 1 MEMORANDUM To: Jim Cost Date: July 21, 1988 Police Chief Frutn: Art Kee Planning Director Subject: Foster's Freeze - UP 88-03 2200 S. Bascom Ave. CITY OF CAMPBELL The Planning Commission, at its meeting of June 28, 1988, continued consideration of a request from Foster's Freeze on Bascom Ave. to construction a drive -through. The Commission continued this item so that additional information could be provided on a number of issues, one of which was a report from the Police Departmenr relating to problems with other fast-food type restaur=:.cs in the immediate area. A copy of the minutes from the meeting are attached for your review. This issue is on the Planning Commission agenda for next Tuesday, July 26, 1988. It would be very helpful if we could have some information from you by Tuesday afternoon, so that we can give it to the Commission Tuesday evening. Please accept my sincerest apology for the lateness of this request. Unfortunately, the specific follow-up for this item as complex and this part of it just got lost in the shuffle. Any assistance you can give us would be greatly appreciated. Id r'1 rcmplD JUL 13 1988 CITY OF CAMPBELL PLANNINO DEPARTMENT 'uly 11, 1988 EDWARD L. PACK ASSOCIATES INC. 1030 F E Duane Av. Sunnyvale, Calif. Att: Mr. Jeff Pack Subj: FOSTERS FREEZE, Campbell, Calif. Dear Mr. Pack: I spoke with Mr. Carl Abbott this evening and he informed me that he has contacted your office and has also discussed with his family the pros and cons of having an acoustic study done for the subject project. He also informed 'me, that they have decided to engage your services for their proposed%project. I am to meet with you to discussed the proposed design and to provide you a copy of the latest plans '( copies of which have been submitted already to the City of Campbell planning dept.) I shall telephone and come to your office on the morning of July 12, 1988 and shall bring a set of plans for your use. Mr. Carl Abbott also asked me to give you the billing information as follows: DACARA INC. 16084 Sharon Lane Salinas, Calif. 93901 I look forward to working with you. Sincerel J mes M.T.Chao AIA cc: Carl &bbott JAMES M. T.CHAO ARCHITECT 1130 CAL,'OA1N[A94706 `1: T57 ('ITY OF ('AMf' IM 70 N O R T H F I R S T S T R E E T CAMPBELL, CAL IFORNIA 95008 (408)866-2100 Department. P11 11� June 20, 1988 TO: Dacars Inc. DBA Fosters Freeze 16084 Sharon ! Salinas, C: - FILE N0: UP b8-.' ADDRESS: 2200 S. Bascom Ave. PROJECT DESCRIPTION: Drive -through restaurant SITE 6 ARCHITECTURAL REVIEW COMMITTEE APPOINTMENT TIME: Date: Tuesday, June 28, 1988 Time: 8:15 a.m. (or shortly thereafter) PLANNING COMMISSION MEETING: Tuesday, June 28, 1988 7:30 p.m. (or shortly thereafter) Please be advised that the Site and Architectural Review Committee of the Campbell Planning Commission will review your plans for approval of the above -referenced project at the appointment time indicated above. The meeting will be held in the Planning Conference Room, North Wing, 70 N. First St., Campbell, California. The Committee Chairman will then make a recommendation to the Planning Commission at the Commission meeting which will be held at 7:30 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 agenda for the Planning Commission meeting will be mailed to you on Friday, June 24, 1988. It is necessary that you, or an authorized representative, be present at both the Site and Architectural Review Committee and Planning Commission meetings. If you have questions regarding this notice, please contact the Planning Department at 408/866-2140. Sincerely, 4,4* ARTHUR A. KEE PLANNING DIRECTOR Id cc: Russell i Mary Bate, 13699 Sarahills Dr., Saratoga, CA 95070 Mr. Jams Chao, ALA, 1136 Keith Ave., Berkeley, CA 94708 DATE: NAME: ADDRESS: PROPOSED USE: e-,� n STAFF CALCULATION SHEET `` AGENDA DATE: FILE NO. _ APN: ZONE: GROSS LOT AREA: sq.ft. acres NET LOT AREA: Z7, 5 17 sq.ft. '� acres BUILDING AREA BY USE: 1. IrlS34, 2. 3. 4. TOTAL FIRST FLOOR BUILDING AREA: 1,40 b sq.ft. COVERAGE: I % of net lot area. TOTAL AMOUNT OF PAVING: Ile sq.ft. '2f 7 % of net lot area. LANDSCAPING: CODE: Z ��53 _sq.ft. /D % of net lot area. PROVIDED: 17 _soft. Z . 3 % of net lot area. EXISTING LARGE TREES: _ YPs - No SETBACKS: AS PROVIDED CODE Front _ 01 Left 0 1 0 Right _ S O Rear 10' SEPARATION BETWEEN BUILDINGS: AS PROVIDED CODE 67, _ O( BUILDING HEIGHT: Building Nall _ TOTAL HEIGHT VOW PARKING SPACES: TYPE AS PROVIDED Regular ZG Compact 7 Handicap Total Covered Uncovered PARKING RATIO: PROVIDED PARKING DESIGN: ACCEPTABLE Stall Size ✓ Driveway Width------� Backup Distance Distance from Bldgs. Turnaround Area DENSITY (RESIDENTIAL): Total No. i Type and No. Units per Gross Acre Units per Zoning F ula Open Space EXISTING SURROUNDING LAND USES: !forth: South: East: Nest CODE Z9 1-7 7— fie S t�rz�i 3 Fo Sti�x— CODE Fes= UNACCEPTABLE PROVIDED CODE The above calculations are intended for Staff review and summaries. These calculations are approximations and ahculd be used as such. Cl 1p NO ✓p TNU� SvP��`R'✓`^ rF A-j a 1 ✓ • O„`� } a PROOF OF PUBLICATION 750 RIDDER PARK DRIVE SAN JOSE, CALIFORNIA 95190 IN THE CITY OF CAn ELL __ ...................... 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Agenda Date: T✓.. 9 _ Fire Dept. o [ J Police Dept. Please Return By: 7✓,1 2 �f 3�0 [ ) Public Works/Engineering (xi Original Submittal [ ] Corporation Yard ( ] Redevelopment Agency ( ] Revised Submittal APPLICANT: Oscars- Inc. albs Fosters TELEPHONE: 4$5-1684 PROJECT ADDRESS: 2200 S. Bascom Ave PROPOSAL: Public hearing to consider the application of Dacara Inc.for a :codditional use permit to allow the construction of a drive -through UP 88-03 restaurant on property known as 2200 S. Bascom Ave. in a C-2-S(General Dacara Inc. Commercial )Zoning •District. APN:288-06-008 DEPARTMENTAL RECOMMENDATIONS: CODE REQUIREMENTS (IF RECOMMENDED FOR APPROVAL): ENVIRONMENTAL REVIEW: The Planning Department has conducted an initial environmental study for this proposal. and OW A Negative Declaration has been prepared for this proposal. ( ) A Categorical Exemption has been prepared for this proposal. Elf� napartmmat Is of the at additional environmental review to required. tip_ �O. men Mnm , eNasment to 1Te�T lie Your "Any e.tdroamental comments should be &-*turned by: cr JOHN MARK CHARGIN MICHAEL T. CHARGIN VICTOR A CHARGIN. JR, MARY 0 1MHGHAM EMERY a COUYR HAND DELIVERED I LAW OFFCES CHARGIN ANI) CIIARGIN 1885 THE ALAMEDA. SUITE 21 O SAN JOSE. CALIFORNIA 95126 TELEPHONE 14081 984-7000 City of Campbell 70 North First Street Campbell, California 95008 ATTENTION: Mr. Arthur A. Kee Planning Commission Secretary May 24, 1988 Re: Fosters Freeze Redevelopment UP 88-03, 2200 S. Bascom Avenue Dear Mr. Kee: MARY ANNE COSMO PARALEGAL I will not be able to be personally present for the above hearing set for 7:30 p.m. on May 24, 1988, as I must attend a City Council hearing in the City of Santa Clara at the same time. Accordingly, pleaei consider this letter as my most vehement protest against the so-called redevelopment of the Fosters Freeze business located at 2200 South Bascom Avenue. You must know, of course, that this business directly impacts my property inasmuch as we are the adjacent neighbor on the east end of said --operty. For these many years (2S), we have suffered dust, noise pollution, exhaust from cars and trucks servicing said business, noisefrom out -door vacuuming, garbage dumping and collecting in connection with the operation of said business. he bad as all of this has been, at least the Fosters Freeze building has been located near the Western most property line and more than a hundred feet from the brick wall separating our two properties. The new proposal will change all this and allow for the relocation of the building to within less than fifty feet of our property line and provide for a drive through or drive around which would come within a few feet of our property. we were told last night at a ►osters Freeze sponsored ,,*Is r'1 City of Campbell Re: Foster Freeze May 24, 1988 Page 2 meeting with the neighbors that the use permit plan is to allow the stacking of at least eight cars in the drive around with a squawk box for the taking of orders. This would be so close to our property with customer's cars running their motors emitting exhaust fuses into the air that it would create an intolerable nuisance and irrevocably depreciate the value of our property. As it is now, our upper bedrooms and our pool are collectors of all the dust that emanates from the Fosters Freeze property and the proposed remodeling will only add to this problem. Therefore, because of the dust pollution of our property from the proposed operation, the exacerbation of the noise from the car motors running and customer's radios operating and squawk box emanations at all hours of the day and night, and the delivery to our property of excessive dust, motor exhaust and air pollution, we strongly oppose the redevelopment and the drive through aspects of same and respectfully request that you deny the applicants a conditional use permit. To grant same wo�jld only make worse and intolerable the nuisance that we have suffered from the Fosters Freeze operation, and further depreciate the value of our property. Very sincerely yours, gHARCO ARGI. l J/ 'O fN M R CBAR6 N or -- EL(�IZABETH N. CHARGIN an JOHN NtARK CHARGIN JMC/mec MEMORANDUM CITY OF CAMPULL To: Barbara Lee, Administrative Asst. II Date: May 25, 1988 Fes; Arthur A. Kee, Planning Director Tim J. Haley, Planner II Subject: Timing of trash pick-up 2200 S. Bascom Ave. (Foster Freeze). ------------------------------------------ --------------- At its meeting of May 24. 1988. the Planning Commission considered a proposal to construct a drive-thru restaurant on the subject property. As a result of public testimony at this hearing, neighboring property owners expressed their concern regarding the early morning hour pick-up of the trash enclosure at this location. It would be appreciated if you could contact Green Valley Disposal regarding the timing of their pick-ups, so that a more reasonable pick-up time may be arranged. The Planning Cosstinsion will again consider this development application at its meeting of June 28, 1988. Please forward any comments to the Planning Department by .iune 20, 1988, so that we may incorporate them in a report back to the Planning Commission. lc MINEWEASER & ASSOCIATES Frchitecture, Interior Design and Planning Devine Street, San Jose, CA 95110 (408) 047-1900 May 24, 1988 PLANNING COMMISSION City of Campbell RE: Rec .ndation for Denial of Cord_ anal Use Permit for FOSTERS FREEZE 2200 b. Bascom Ave. Campbell, CA Having carefully reviewed this application, my recommendation is for denial as presented. The concept of a drive -through restaurant at this location is not necessarily a bad one, and if well done I could support it, but as presented here - no. Staff has adequately informed you of the siting problems; instead, I wish to discuss the image presented by the building itself. Attached you will find a recent article by the San Jo^e Mercury News Architectural Reviewer, Alan Hess, that discusses one approach by fast food chains to adapt their cookie cutter plans to individual city requirements. Also attached are pictures of the Burger King on the University Avenue in Palo Alto. It was designed by a local architect in response to the City's Miements. One example represents the current strip ping center approach: LANDSCAPE THE HECK OUT OF IT AND OH YES, USE "NATURAL MATERIALS". The second one is the latest in the urban core approach. San Francisco has a similar MacDonalds and Paris has a similar Burger King near the Pompidou Museum of Art. The world is no longer always accepting the company standard and this location as GATEWAY TO THE CITY OF CAMPBELL is too important to accept it here. Instead, I recommend a look that is between the two attached examples. It should have plenty of landscaping as screening of the building and drive -through, and it should be done in more subdued colors and shapes that respect its neighbors. Note that tho restaurant next door has undergone many management changes in the last ten years. Its current painting scheme of a modified southwestern look seems both contemporary, somewhat subdued and inviting, and in my estimation architecturally sr,.ccessful. It will not compete with the FOSTERS building, nor should the FOSTERS building compete with it. I advocate that FOSTERS go back to the drawing board to present a concept that is more compitable with the new buildings in the neighborhood. It may still have an unusual roof, not the tired blue psuedo mansard - but a contemporary shape in subdued contemporary materials and colors. It may still have a drive - through - but sited so it doesn't cause so many traffic problems on Bascom. It may still have bronze glass - but not a mirrored box. Because of the location of this site, we're looking for something that invites people inside (Shelly's Restaurant is a good example of contemporary materials and shapes that is still "a good neighbor".) If you haven't seen it by now, let me say that the days of the Golden Arches are over. The country is preserving a few for their historic significance, but fast-food restaurants no longer have to litter the landscape like billboards. This application as presented, given its combination of mass, color, material and siting, will look like a giant billboard. I can't see this as appropriate for such an important downtown site! This site will become increasingly significant to the genera, -ion of downtown tax dollars as the Pruneyard undergoes a renaissance in the next few years to compete with other quality shopping centers. The applicant needs to know that what is drawn on the final approved drawings is the way we will expect it to look when built. Therefore, I am reminding the applicant now that in addition to material and color samples, we +ill want to see dimensions on the elevations plus section and detail drawings that accurately describe the insets, overhangs, glass frame size, etc. Also, as with many other recent applications, we need to see a street elevation, complete with landscaping, fencing, cars and people. This drawing should extend from property line to property line. To conclude, please keep in mind that if the wienerschnitzal fast food restaurant a few doors further up Bascom were presented for approval today, I could not imagine the Planning Commission approving it. I hope I have adequately explained my reasons for recommending denial. Sincerely, Craig Mlneweaser, A.I.A. Architectural Advisor to the Campbell Planning commission M*11WL4M w ASSOCIATES 93 Devine Street, San Jose. Cal forma 95110 (408) 947-1900 ,eae., �1 ..wka .n«n . . aw i a Ian � .arms teemamolo wputl ..: t1.Ytr W aiad ar wY Jor Ih< l.<e ""d. leey ,aB "1►e pm•• a t•tn< R i0' ' ad 11 wks" ho M rr th- A d•Y or ho helve the dum y, The year -old Burger King at Landess Avenue and Interstate 680 in Milpitas fits its .pace like g gkwe'.'. Nll �- Burger, fries, shake, architecture AV hold .e.ar d.. W m..r sqr wr its YC. atY ow �r t_ Y �i lul.. hd Wt best .o,ne.hr. eY Aflt.r. W Yt Ir Yal/1 Y ram YW rod .eAM.c ; Y hWll o. P le Ardli ;e chlre r'o. ie.ary wYe[ IY Ir A Irr �a llw �� �M .,chlr,tr. egede Y.1 aawllF Alan Has 71as Wr tratya Fr Ills(. ri Y M pwe- Y.� —01 M� d W e•w kY,1i.WYb y1eWr WY. aeordla Wy eYYWI lw.Yt M ar Net rhtr�. 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Nw Y ..rY Ar<a ur[M1M .Awe rr,u thtr raw r tM ur W w,uar .up, d .hYr demo r soo N rd.,n..apen e,rry aArr red a P«,pn'- ve" m a tss . tsofis l.a dy W .s.dhrr R� Its aW Mfs trM.s r.rd m W •t'+7 novel IIh. m w.Y • P-W i; I wF- El ® 0 "'Z" .5- May 23, 1988 Planning Commission City of Campbell 70 No First St Campbell, CA 95008 Re: UP 88-03 Dear sirs, I just returned from a meeting regarding the proposed plena of Foster Freeze to construct a drive -through restuurant on their existing property at 2200 So Beacom, and I want to go on record that I object to the drive -through portion of their proposal. The plans as I sew them would put the drive -through portion at the back and of the property and closer to the residents that live on Bent Crive and Shsdydele. Thair drive -through would pass within 15 feet or so of the back of the property and because of the proximity to the residential gees surrounding it, the increase in noise and exhaust from the care waitirg in line would be detrimental to the peace and quiet that a residential area of Campbell is entitled to. I also fear that the noise of radios from the waiting care could have a considerable impact on the quiet of the neighborhood. The Foster Freeze as it is now, as a walk-in type restaurant, seldom generates enough noise to make It uncomfortable to live nasrby, however, that is the way I would like it to remain. I would have ro objection if they wanted to improve their facility and enlarge the building as long es it would remain a walk-in type restaurant only. 51ncerely, r- 2. Slew G 1088 Bent Orive R V r� � q V/ F" 0 MAY 24 08 CITY OF CAMPBELL PLANNING DErANTMENT CITY OF CAMPRELL 70 N O R T M F I R S T STREET CAt1 PBELL. CALIFORNIA 95008 (408) 866.2100 Department: Planning May 16, 1988 TO: Dacara Inc. DBA Fosters Freeze 16084 Sharon Lane Salinas, CA 93908 FILE NO: UP 88-03 ADDRESS: 2200 S. Bascom Ave. PROJECT DESCRIPTION: Drive -through restaurant SITE 6 ARCHITECTURAL REVIEW COMMITTEE APPOINTMENTT TIME: Date: Tuesday, May 24, 1988 Time: 8:45 a.m. (or shortly thereafter) PLANNING COMMISSION MEPTING: Tuesday, May 24, 1988 7.30 p.m. (or shortly thereafter) Please be advised that the Site and Architectural Review Committee of the Campbell Planning Commission will review your plans for approvsl of the above -referenced project at the appointment time indicated above. The meeting will be hold in the Planning Conference Room, North Wing, 70 N. Firs, St., Campbell, California. The Committee Chairman will then make a recommendation to the Planning Commission at the Commission meeting which will be held at 7:30 p.m. on the above -referenced date, in the City Hall Council Chambers, 70 N. First St., Campbell, Caifornia. A copy of the Staff Report and agenda for the Planning Commission meeting will be sailed to you on Friday, May 20, 1988. It is necessary that you, or an authorized representative, be present at both the Site and Architectural Review Committee and Planning Commission meetings. If you have questions regarding this notice, please contact the Planning Department at 408/866-2140. Sincerely, 4, ARTHUR A. M-A PLANNING DIRECTOR Id cc: Russell i Mary Bate, 13699 Sarehills Dr., Saratoga, CA 95070 Mr. James Chao, AIA, 1136 Keith Ave., Berkeley, CA 94708 P1 STAFF CALCULATION SHEET DATE: AGENDA DATE: NNE: FILE NO. UW n-07 ADDRESS: APN: PROPOSED USE: Myz -T89-- ZONE: G'Z-5 GROSS LOT AREA: sq.ft. acres NET LOT AREA: Z iT 3 7 sq.ft. �Z' acres BUILDING AREA BY USE: 1. I �iS3 yA PT" REtr,+� 2. 3. 4. TOTAL FIRST FLOOR BUILDING AREA: .T I4 sq.ft. COVERAGE: li % of net lot area. TOTAL AMOUNT OF PAVING: _ tl_ 11?j sq.ft. Gy•14 % of net lot area. LANDSCAPING: CODE: Z?6_sq.ft. 10 Z of net lot area. PROVIDED: 5 i1 0 sq.ft. Z . % of net lot area. EXISTING LARGE TREES: _Yes t__No SETBACKS: AS PROVIDED CODE Front 5` Left wf Right /Q' U Rear -f-7 �0 SEPARATION BETWEEN BUILDINGS: AS PROVIDED CODE Y� BUILDING 4EIGHT: Building Wall TOTAL iEIGHT I % lz� I PARKIi1G SPACES: TYPE AS PROVIDED CODE Regular Compact _ Handicap Total Covered Uncovered PARKING RATIO: PROVIDED CODE PARKING DESIGN: ACCEPTABLE UNACCEPTABLE Stall Size _T Driveway Width Backup Distance Distance from Bldgs. Turnaruund Area DENSITY (RESIDENTIAL): Total No. of Units Type and No. of ch S PROVIDED CODE Units per Gross Acre Units per Zoning Formula _ Open Space EXISTING SURROUNDING LAND USES: North: 4r-130, G-Z-S South: ---fry East: F, (, West 1+r,� `-per (L-L-4- the above calculations are intended for Staff review and summaries. These calculations are approximations and should be used as such. O,PnP4 Ur �b -,3 - zoo = 7.77 C�0 Kira-�y� PLANNING COMMISSION APPLICATION PLEASE NOTE. STAFF IS REOUIRED BY STATE LAW TO NOTIFY APPLICANTS OF THE CONPLITENESS OF TRUIT-P"ATIONS. ONLY THOSE APPLICATIONS WHICH ARE FOUND TO BF. COMPLETE CAN BE POSTED ON A PANNING COMMISSION AGENDA. P.TOPERTY LOCATION/ADDRESS: 27.00 /Dq. B^%evm AJg. CAMP AFU_, LA _ ApN: '9 ZONING: G �( ^y DATE FILED: Af�V 2q/ 1968 TYPE OF APPLICA !ON: XArchitectural Approval Planned Development Permit General Plan Amendment Other Use Permit Zone Change Variance APPLICANT: t��,�-per �L,, /I yt NAME: J)ACARA ILL, DSA 5 TELEPHONE: (� 4S5 ^IIOS `f ADDRESS: 1 4-08 4 SA ARoµ LAN E - CITY/STATE: SAL-INAS, LA L.IF0rZN1F. ZIP: PROPERTY OWNER: / y NAMF: ITS < c is ie �,�.. B.a 7 E TELEPHONE: (41"y) AL 7- U/ I / ADDRESS: 1 3L 7 9 5.4.9A A. //S d2 CITY/STATE: S,2,9, � 'q, C,.4T ZIP: 4� 07a AFFIDAVIT/S I GNATURE(5): The undersigned person(s), having an interest in the above-desc rlbed property, hereby Mke the above -referenced application in accordance with the provisions of the Campbell Municipal Code; and, hereby certify that the information given herein is true snd correct to the best of my/our kn" edge and belief. hM. I ,t` Y OWNERI m(T� w,l1i(.r t) office Use Onlr=U-j3Amt. of Fee Pd.: (210,� Receipt e: Fi la dl City of Campbell - Planning Department - Arthur 1A0 A. Kee, Olrec,or - 70 N. First St., Campbell, CA 95008 L408) 866-2 CITY OF CAMPBELL Planning May 4, 1988 NOTICE OF HEARINGS Notice is hereby given that the Planning Commission of the City of Campbell has set the hour of 7:30 p.m., or shortly thereafter, on Tuesday, May 24, 1988, in the City Hall Council Chambers, 70 N. First St., Campbell, California, for public hearing to consider the following proposed projects: 1. GP 88-03 - Public hearing to consider a City -initiated General Plan Amendment to the circulation element of the General Plan modify.ng the planned extension of Capri Dr. from Hacienda Ave. to W. Sunnyoaks Ave. 2. GP 88-02 - Public hearing to consider a City -initiated General Plan Amendment to the Land Use Element of the General Plan addressing land use policies in the downtown area. 3. ZC 88-05 & PD 88-08 - Public hearing to consider the application of Mr. Jere La Guisa for a Zone Change from R-M-S (Multiple Family Residential) to P-D (Planned Development) and approval of plans, elevations and development schedule to allow the construction of five townhomes on property known as 60 Shelley Ave. in a R-M-S (Multiple Family/Low-Medium Density Residential, 6-13 units per gross acre) Zoning District. 4. UP 88-03 - Public Nearing to consider the application of Dacara Inc., for a conditior•.1 Use Permit to allow the construction of a drive -through restaurant on property known as 2200 S. Bascum Ave. in a C-2-S (General Commercial) Zoning District. 5. ZC 88-04 - Public Hearing to consider the City -initiated "Zone Change from P-D Planned Development) to C3 (Central Business District) for properties located within Civic Center Dr. and Orchard City Drive (Downtown Core Area). A Negative Declaration has been prepared for the above projects. Plans, elevations, legal descriptions, and/or other supporting documentation is on file in the Planning Department, 70 N. First. St., Campbell, California. Intereste4 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 also raised at the public hearing described in the 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 8tS-2140. PLANNING COMMISSION CITY OF CAMPBELL ARTHUR A. KEE SECRETARY PUBLISH ONE TIME: WEDNESDAY, EXTRA SECTION MAY 11. 1988 1PARTMENT COMMENT SHEETf l SITE a ARCHITECTURAL REVIEW COMMITTEE PLANNING COMMISSION Date Sent Out: A ril 29 1988 [ ] Architect Planning Commise on [ l Building Dept. Agenda Date: May 24.1988 [ 1 Fire Dept. [ ] Police Dept. Please Return By: May 10, 1988 •• [ ] P,-blic Works/Engineering [ ] corporation Yard [ xj Original Submittal [ ] Redevelopment Agency [ ] Revised Submittal APPLICANT: Dacara Inc. dba Fosters TELEPHONE: 45s-16R4 PROJECT ADDRESS: 2200 S. Bascom Ave PROPOSAL: Public hearing to consider the application of Dacara Inc.for a , conditional use permit to allow the construction of a drive -through UP 88-03 restaurant on property known as 2200 S. Bascom Ave. in a C-2-S(General Dacara Inc. Commercial)2oning District. APN:288-06-008 DEPARTMENTAL RECOMMENDATIONS: CODE REQUIREMENTS (IF RECOMMENDED FOR APPROVAL): ENVIRONMENTAL REVIEW: The Planning Department has conducted an initial environmental study for this proposal, and [XJ A Negative Declaration has been prepared for tn.. proposal. [ ] A Categorical Exemption has been prepared for this proposal. If vour Department to of the opinion that additional environmental review is requi ••Any environmentai comments should be returned by: May 1 1988 CITY OF CAMPBELL 70 NORTH F I R S T S T R E E T CAM PBELL. CALIFORNIA 95008 (408),66-2100 DE,_ ARATION THAT AN EWIRON4NTAL IMPACT REPORT IS NOT REQUIRED (NEGATIVE DECLARATION) mr. James Chao 1136 Keith Ave. Berkeley, CA 94708 22Coateipbell, CA 950b8 Pursuant to the applicable sections of the California Environmental Quality Act of 19 0 and City of Campbell Resolution No. 5164; and After review of plans and information supplied by the applicant pertaining to the captioned project, and after completing the attached initial study, the undersigned does hereby determine that the captioned project will have no significant effect (no substantial adverse impact) on the environment within the terms and meaning of said Act and Resolution.. Executed at Campbell, California this day of , 198 B-96- 4/21/8, NOTICE TO APPLICANTS REGP_RDING EFFECT OF WASTEWATER TREATMENT CAPACITY ON LAND DEVELOPMENT APPROVALS PURSUANT TO DEVELOPMENT OF ArN _,p y V D �. - �0'K Please take notice that no vested right to a building permit shall accrue as the result of the granting of any land development approvals and applications. Pursuant to the adoption of Ordinance 9.045 by County Santitation District No. 4 of Santa Clara County, the agency providing the above described parcel(s) with sewer service, if the District's Manager and Engineer makes a deter- mination that the issuance of a sewer connection permit to a building, or proposed building, or, the above described property, will, in his opinion, cause the District to exceed its ability to treat adequately the wastewater that would result from the issuance of such connection permit, then said permit may not be issued, and, hence, no building permit may be issued by this agency. If the sewer connection permit is issued, it may contain substantive conditions designed to decrease the wastewater associated with any land use approval. ACKNOWLEDGEMENT By signing below, the applicant acknowledges, at the time of application, that he/she fully understands the above. Applicant's Signature 1k,1114,A b •A �� 2 20 o so—f4 FAA XoM AV S Site Address of Proposed Development Distribution: Original to County Sanitation District No. 100 E. Sunnyoaks Ave., Campbell, CA Copy to issuing City, Town or County Copy to Applicant Campbell Planning Dept. File 1 (1.p $g-oi L,W11V0NMEI'ITAL IMPACT ASSESSMENT p4ECNLI1T A at H{eD ry TNe C1TT Or CA_e{I1 IN NANINO INITIAL {TOOT pVIIIONNaN TwL i . MACKOMPOUa0 NAME OF PROPONENT: ADDRESS OF PROPONENT: Ios�'Vr5 �' Rp6� TELEPHONE: (`Fab) DATE OF CHECKLIST SUBMITTED: s l to AGENCY REpUIRING CHECKLIST: ±i`) A< lMlvr`a` (IF APPLICABLE): NAME OF PROPOSAL 11 , I W I P1311AIWAL WILL""' f ON wMIoT� 1e1PLAMATIDN{ OF ALL as AND maa ANellalle All[ IteVlasD MATIN{D n qes rw:ns no 1. RUTH. Will the proposal rerult in. a. Unstable earth conditions or in changes in O o geologic substructures? / b. Disruptions, displacements, compaction or overcovering of the soil? c. Change in topography or grOJnd surface relief p o features? or modification of e d. The destruction, covering unique geologic or physical features? O o any e. Any increase in rind or water erosion of J O o • � soils, either can or Off the site? nsor erosionOfbeach f. Changes in deposition sends, or chanp or erosion rhich my modify the channel of the ocean a river or stream or the bad of t: D o or any bay, inlet or lake? g. BspwOr* of people or property to geologic sl41azer, hazards such As earthquakes, / mudslides, ground orsim1 O O f hasards? I of 6 pages Eye. r ti Ra '"Tn w0 I. AIR. Will proposal result in:. a. Substantial air emissions or deterioration of C/ ambient air quality? ❑ ❑ d D. The creation of objectionable odors? ❑ ❑ c. Alteration of air movement, moisture Ortemper& / either Lure, or any change in climate, locally ❑ o �/ or regionally? 3. NAM. Will the proposal result in: a. Changes In currents, or the course or direction in marine or fresh of water movements, either ❑ ❑ waters? b. Changes in absorption rates, drainage patterns, O ❑ d/ or the rate and amount of surface water runoff? c. Alterations to the course or flow of flood d waters? D ❑ d. Change in the amount of surface water in any O / water body? O ❑ e. Discharge into surface waters, or in any altera- tion of surface water quality, including but not temperature, dissolved oxygen or limited to G o turbidity? f. Alteration to the direction or rate of flow of ground waters? O O g. Change in the quantity of ground waters, either through direct additions or withdrawals, or of an aquifer by cuts or /• through interception excavations? h. Substantial reduction in the amount of water otherwise available for public water supplies? O o 1. Ezposure of people or property to water related d hazards such as flooding or tidal waves? O o 1. PLAWT LIFT. Will the proposal result in: . a. Change in the diversity of species or m:mb?r of any species of plants (including treat. shrubs, grass, Crops, microflors and aquatic O o ` plants)? of any unique, rare b. Raduction of the numbers or endangered species of plants? O ❑ p(/ C. Introduction of now species of plants into an area, or in a barrier to the normal replenishment of existing species? O O d. Reduction in acreage of any egricultural crop? 2 of 6 pages vas rev" w S. ANIMAL LIFE• Will the proposal result in: a. Change in the diversity Of species, or numbers of any species of animals (birds, land animals including reptiles, fish and shellfish, benthic o organisms, insects or microfauna)? O b. Reduction of the numbers of any unique, rare / or endangered species of animals? 0 o Q c. Zntroduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? o 0 d. Deterioration to existing fish or wildlife / C habitat? D o 6. NOISE. Will the proposal result in: a. Increases in existing noise levels? O o b. Exposure of people to severe noise levels? o o d 7. LICHT AND GLARE. will the proposal produce new ff o light or glare? o B. LAND VSE. will the proposal result in • substantial alteration of the present or planned land use of an d O / area? O 9. AATURAL RESOURCES. Will the proposal result in: a. Increase in the rate of use of any natural resources? 0 O b. Substantial depletion of any nonrenewable .. natural resource? C G 10. RISK OF UPSET. Does the proposal Involve a risk of an explosion or the release of hazardous sub- stances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event / o sY of an accident or upset conditions? 0 11. IOVMTIM. will the proposal alter the location, rate of the human f distil�on, density, or growth o 0 f population of an area? 12, MOUSZNC. will the proposal affect existing housing, or create a demand for additional housing? o o f 3 of 6 pages Tme Vey" we ll. TRANSPORTATION/CIRCULATION. Will the proposal result in: a. Generation of substantial additional vehicular / W o movement. O b. Effects on existing parking facilities, or O d O demand for new parking? / c. Substantial impact upon existing transportation f/ systems? O o d. Alterations to present Patterns of circulation or movement of people and/or goods? O O / e. Alterations to waterborne, rail or air traffic? O O f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? O o 14. PUBLIC SERVICES. Will the proposal have an effect upon, or result in a nee[ for new Or altered governmental service• in any of the following areas: a. Firo protection? O o Off b. Police protection? D O , C. Schools? N d. Parks or other recreational facilities? O o e. Maintenance of public facilities, including roads? O o f. Other governmental services? o 0 13. BN1Gr• Will the proposal result in: a. Use of substantial amounts of fuel or energy? O O b. Substantial increase in demand upon existing sources of anergy, or require the developrnt a of new sources of energy? O 26. OTZL1TXZS. Will the proposal result in a reed for nr.w systamP, or substantial alterations to O o the following utilities. / r a. lower or natural gas? O o / b. Communications systsms? O O m' c. Water? O O / d. sewer or septic tanks? O o ♦. Storm water drainage? o o N/ f. solid waste and disposal? o 0 E 6 of 6 pages 0 17. HVNAN HEALTH. Will the proposal result in: a. Creation of any health hazard or potential .health hazard (excluding Rental health)? b. Exposure of people to potential health hazards 19. AESTHETICS. Will the proposal result in the obstruction of any scenic vista cr view open to tL public, or will the proposal result in the creatio of an aesthetically offensive site open to public view? 19. RECREATION. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? 70. ARCHEOLOGICAL/HISTORICAL. Will the proposal result in an alteration of a significant archeological or historical site, structure, object or building? o 21. MANDATORY FINDINGS OF SIGNIFICANCE. a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b. Does the project have the potential to achieve short -Lazo, to the disadvantage of long-term, emiroFAWntal goals? (A short -tern impact on the environment is one which occurs in a rela- tively brief, definitive period of time while long-tezo impacts will endure well into the future.) C. Does project h are Indiv- lduallhalimited, but enmaulativelycconsiderable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those Impacts on the environment is significant.) d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? d I o d o d 0 o d 0 0 S of 6 pages /'\ 111. ol9CUMION Or 04VIPCN-ITAL [UAL ATIM —� (0k) Tit," j°fPmin - Hasa I'�nrrrti F+� i^��K�aSeEy ��Rhc . P,0i4%E Pow 1r, PtL-r21"14.,. r�vvo ,� 7, 1A,c 4�a I:Tc o� -R"-+ NIa'T f^ c�.t Noi« pr TM, I1Ptia�H�7 5ioM1.rGN V4,L4 , Lj,,. V'4b m•�A,, TtrE 1��lac6T�J Uws Iran 'ML ,v) caw. rhzo Y-)Q`� 6..-Io J?,Zau�i-TiT'K� U'��c... 1r6w.s'L�S.0 C-K(wi-4- '1W�, Tths L,IL' ire, !Tiks"a, L t Tic r-,.,P . c�Ke,Ie�.�_ �-• �, a�,� A-V �.lr-cam IV. O[TUMO MTI011 f►TeR 1KV1tA INa M e71V1apN�I1TAL tNIOwMA TI OII eNeMITTtD M iw LTiAe1T �D AcwN�aecocow tTi�IiK ANO AN Z.VIII MNIWTAL�AfAt[/fYOtT � o L find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. find that although the proposed project could have a zignificant effect on "M anvirolsaent, there vl11 not be a significant affect in this case because the mit!- Vatlon measures described on an attacbL.d sheet have been added to the project. A NEGATIVE DECLARATION NAIL RE PREPARED. o I find the proposed project MAY have a significant effac'- On the environment, and an ENVIRONNSNTAL II4PACT REPORT is required. MTm Cj I L I � Pl ■t etlw' `^� 1 �+'rTt+"�`7' T17Lm /.r• �L`4 van o, 6 of 6 pages J CONTRIBUTION DISCLOSURE FORM CITY OF CAMPBELL UTIONS TOTALING ;250 HAVE N PLANNING COMMISSION I. ['I IF CONTRIBNOT BEEN MADE, CHECK HERE, AND SIGN BELOW IN SECTION III. II. TO BE COMPLETED ONLY IF CONTRIBUTIONS TOTALING $250 OR MORE HAVE BEEN MADE. YOUR NAME: YOUR ADDRESS: TELEPHONE NO: ZIP: APPLICATION N PROJECT ADDRESS: LIST COMMISSION MEMBER(S) TO WHOM YOU AND/OR YOUR AGENT MP.DE CAMPAIGN CONTRIBUTIONS TOTALING $250 OR MORE, AND THE DATES OF THOSE CONTRIBUTIONS. NAME OF MEMBER: - NAME OF CONTRIBUTOR (if other than yourself): _._ (1) DATE(S): AMOUNT(S): NAME OF MEMBER: NAME OF CONTRIBUTOR (2) (if other than yourself): DATE(S),- AMOUNT(S): -- NAME OF MEMBER: NAME OF CONTRIBUTOR (3) (if othe. than yourself): DATE(S): AMOUNT(S): I ' `' 7) W (Signature of Applicant/Agent) (Date) _N EIR-1 > y Clit OF CAMPBELL, CALIFORNIA INITIAL STUDY ENVIRONMENTAL INFORMATION FORM - TO BE COMPLETED BY APPLICANT Date Filed: �4o044(_ 7e lf6 GENERAL INFORMATION: 1. Name and address Doaf�de to er oor�ro�j�cyonsoi: Q6 Ci�¢A IIJG . ZZOO So. BA`11coM AJE. CAMf15E1L.CA.-1500$ 2. Address of project: 2Zoo SO, BASCnH 4vP-. GAw11049LL G1, 45008 Assessor's Block and Lot Number 3. Name, address, and telephone number of person to be contacted concerning this project: (*os) 54E-0157 DAMES WT. C"4.0 A'Al 1IS& kfA"T1+ AVE. 0eRKeL,&T, CA.,eI4,70b 4. Indicate number of the permit application for the project to which this form pertains: _ oN E 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: s1111.01),(2, PF3RMIT, l.RlsFIfLTURM- >LPI°rid✓AC.. USE PERMt�? • 6. Existing zoning district: 7. Proposed use of site (Project for which this form is filed): R4,16TA✓ILAWT C 5:✓E AS -.L F aoswsFss OWIJ C� 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. A.si-rl 14. Associated projects. N o N E 15. Anticipated incremental development. 1 of 3 pages J 16. If residential, include the number of units, schedule of unit sizes, range of sale prices or rents, and type of household size expected. g,p,, ✓ 17. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities. 5" rukNs AMA cµEO 18. If industrial, indicate type, estimated employment per shift, and loading facilities. r,A- 19. If institutional, indicate the major function, estimated employ- ment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project. N,A, 20. If the project involves a variance, conditional use or rezoning application, state this and indicate clearl9 why the application is required. pa,feSEO VO.Vs- -TM+a-v r-J Jr>0'J Fc+Rc,,aT.eairi2. p,c.1c ') P 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, )< 22 X 23 — 24 25 26 27 28 29 30 31 32 beaches, lakes or hills, or substantial alteration of ground contours. Change in scenic views or vistas from existing residential areas or public lands or roads. Change in pattern, scale or character of general area of project. Significant amounts of solid waste or litter. Change in dust, ash, smoke, fumes or odors in vicinity. Change in ocean, bay, lake, stream or ground water quality or quanity, or alteration of existing drain- age patterns. Substantial change in existing noise or vibration levels in the vicinity Site on filled land or on slope of 10% or more. Use of disposal of potentially hazardous materials, such as toxic substances, flammables or explosives. Substantial change in demand for municipal services (police, fire, water, sewage, etc.) Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.) Relationship to a larger project or series of projects. 2 of 3 pages J 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 photoprap`s of the site. Snapshots or polaroid photos will be accepted. OB Mp{cTosop &V 34. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial 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. seP. * SO _0,,Op s- "uo Na�w+z et-!"�I'C.t'Twcwto a"'o pNo-ros or- E*+ CERTIFICATION I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. /.Pair- Z1 Igba gnatur to c%arss i f.T. CA01" 1.4 GA.e�4 iN G , or Olrl t=oSTHts �a26 i 3 of 3 pages ..asas•sw `^ cdECR SHEET vr ITEMS TO BE PROVIDED ON PLANS .,jBMITTED FOR ARCHITECTURAL APPROVAL BY CAMPBELL PLANNING COMMISSION Items should be checked off, and form submitted with appllcatioo. A. Plot Plan Clearly 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. 8. 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 driveweye. Y 11. Nearest intersection (distance to such street). _ 1- 12. Landscape areas (location, condition, and size of exisii!XL 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 desigr, trash enclosure area(s). 17. Location of bicyclellor motorcycle parking areas for parking fan ilf a with more than 20 parking space.. ,A • 18. Location of any water vell(s) on the project site. 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. ij 6. Indication of ell above surface transformers, utility meters, and communication equipment). 7. Handlcappra access. C. Floor Plan 1. Preliminary floor plan. D. Sample �Board ripp coo provide a simple board with actual samples of materials, textures, and colors. (Maximum 11" x 17" format.) w ADDITIONAL INFORMATION TO BE PROVIDED FOR ARCHITECTURAL APPROVAL BY CAMPBELL PLANNING COMMISSION A. Lot Size - indicate: 1. Gross lot area. 2. Net lot area (after any required dedication to the City). B. Floor Area -Commercial/Office/Industrial Projects (if applicable), n cats: i i 1. Gross floor area - by each floor and total building. 2. Net leasable floor area - by each floor and total building. C. Residential Project Information (if applicable), indicate: I. AJA 1. Number of rnits. p2. Square footage of irilvidual units. NA 3. Number of bedrooms per unit. D. Parking - indicate the number of parking stalls as follows: 1. Standard: 2 2 Compact: = 3 8 Handicapped: _ I . . . . . Total: 2. Covered: Uncovered: . . . . . Tit -1: aii E. Site Utilization - indicate: 1. Sq.Ft. Percentage Building coverage 4isIL4 17.NS-1 Landscaping Coverage 20137 Paving Coverage 1113 6145 Total ... Z 5 37 _ _ F. Surrounding Land Uses - indicate land uses surrounding site a o maws: 1. Front �— 2. Left Elde 3. Right Side i 4. Rear G. Photographs-- Provide photographs of the property and the adjacent , properties. Indicate the subject of each photo. f: Checklist COMPAJRISON SHOPPING MAY SAVE YO ONEY THIS TITLE INFORMATION HAS BEEN FURNISHED ' VITHOUT CHARGE BY ALL.CALIFORNIA TITLE COMPANY OF SANTA CLARA COUNTY IN CONFORMANCE WITH THE RULES ESTABLISHED BY THE CALIFORNIA INSURANCE COMMISSIONER, WHO URGES YOU TO SHOP FOR THE BEST SERVICE AVAILABLE AND COMPARE CHARGES AND FEES FOR TITLE INSURANCE, ESCROW, AND OTHER SER- VICES ASSOCIATED WITH THE PURCHASE OR SALE OF A HOME. PROPERTY PROFILE ADDRESS: 2200 SO. BASCOM AVE., CAMPBELL RUSSELL M. AND MARY LOU BATE RECORD OWNER: DEED RECORDING DATE:_6 26 79 DOCUMENTARY TRANSFER TAX: $ 40.70 CONCURRENT TRUST DEED, IF ANY: (See attached) LEGAL DESCRIPTION: (See attached Deed copy and Plat) TAX INFORMATION: Assessors Parcel No. 288-06-008 Assessed Value Land Assessed Value Improvements $ 30,526 _ Exemption $ 0 Net Assessed Value $ 73,478 Installmenty $ 1,947.8u _ $ 1,947.80 ❑ In lieu of the above, sea attached copy of Assessment Roll. DISCLAIMER TO RECIPIENT This property profile is furnished as a tree public serrics. It is not the result of a title search or based on a compiew examMttdion of the pudic raooMs• ,s not intended to be nor should be relied on, as an socurats representation of the emus of HMIs. ALL -CALIF. RNIA TITLE COMPANY disclaims any and all IiabNMy w to Mte vaMdNy, cu1McWK,y ardlor eflect of the dxumwft described in this profile. E E pi:At»i;� Tih • 40.70 8l1 4 ah flu # 11"o-eii g ;'"s•�" E 591 na 74 rrlNt. 4EEa11•N. NM Nea. N.n tea Nt• lritt NeaAllla Delta E 591 ►1;► 74 .` `Neaaap• Caliterl ��'o J -1 rNe. 00111A1 ml[ CEN/MI Naasll H. Date •� lISM rift%uahLill~oriw Am E4 1979&wm Saratoga. California L 95070 SNS[ A waH.� WAT:A AAOVr TMIA UNG FOR ITAeoAMIM T.Aa IIIdmmW, Qfifli Loo41d Ma.al.l r1rITINMAD •Y II.FD.NTiAh TITU OPMAIIY Duerr/ ■sir Ir 1. r A0 • 70 FlISL 11aO Hit wyr.• Ai wl.. l� wAa d tr r• - ' ----- �.I.Iy r dam N r4 m sun 1 1 uftmT+r• — aMl Cti .1 r�e.l1 ,AA FOR A TALL'AIU CM4IDIIIATIOM, rryT .1 nW Y h mby JF..IJp•, W.I. VInAAXI AND JAM" H. WITANn1, HUSBAND AND NIPN mossm M. BATH ANE MAY LOU ]ATE, HIS NIrs AS JOIN TENANTS •.".A—aal, aM4rT►YW C—" d SAnta Clara . tar d OUT.r.I.: TINE/ SErSS TO DtSCSITTION ATTACNSD HSASTO AND MA✓S A PA-ef ■11NW. ji Doi Jaaa it, im _ P • � � l/LL- ' V. 1E. VXXTRIMAR---- WAVE Or A — -----_,....._ .leroa K voETw+ -I r...rr r w = r .1.�IA.rr •.I _-tSITY ....r w..r. Thw I4LI �. _ I w I'.. %... rA11 TAM •TATINt" A• aTA I a As" J L' I 4L a t + D k: S C R I P 'I' I U h �s 75 ALL TRAT 'L•ItTAIN REAL PROVI.RTY SITUA'I•I,. 1I 1'IIL t%,JCORPONATED AREA, COUNTY O► SANTA CUM, STATE OP CALIFORNIA, DE-%J` it r As FO LIOWSI FARO r • POOITIOM ^ LOT 10. 'MAP OF THE SUIDIVISIOI' OF Till: ESTATE OF A. JOHNSON', NSSCI`IIM 6t0 IN DOOR 'A' OF MAI'S, PACE 37. SANTA CiANA COUNTY RF.COADS. AS POLLOWYI A CG INNING AT riiK SCOFlIIR.ST COSNF.R Or TRAr•1' 4n, 975,'11IIADY DALL SUBDIVISION. RECORDED NAY 6. 19b2 IN BOOK 76 OP NAPE, PACE ". SANTA CLANA COUNTY RECORDS, ON Tilt EAST LINE Or SOIA91 DASCON AVER IFin41f 111.E SAN JOS L-LOA GAT i ROAD), AS SAID EAST LIME OF SAln AVENUE IIAS ESTAI'Ll SIII. II IN THE OECD TO COUNTY OF SANTA CfARA, RECORDED JIVE 21, 1962 IN PUOK 5616 OF OFFICIAL RECORDS, PACE 36 1 Th-MCI. ALONG SAID FAST I.INE OF SOUTI, 11.ASCOR AVENUES. 0• 21' GO' E 86.00 It I.l.ti TNEIi:E NONTII ANI, PARALLEL TO Till: .40irrll LINE OP SATO TRACT NO. 975, :1. U9' I9' 00' L. 162.00 FEET TO TIIE INTERSILC110N T11KREOP WITH TIIE NEST LINE or LI17 14, 'ENACT NO. 1H211 DRY CREEK NAf•�II', Ilr:1:011DPD MARCII 26, 19S7 IN BOOK 76 OF MAPS, PAGE 44, SANTA �LARA COUNTY I•I CU,<P3; TII ENCE ALONG SAID WEST LINE 0/ WT 16, N. 0• 21' 110' W. 90.00 Era,-1 'IO 'Tlll; NORTIMRST CORNER THAN907 nW TIIR /nl'1'll I.t NC. OP •;AIn "I'R.ACT NO. 975'; III :rF Nr.S'r A:A,/1G SAID f UI'R 1.iML. 41. b.) 19• UU' L. 11�2.'IU YL',CT TO'Ild. Culp.: �r IILGINNIbi. YAkCr%llI I.1.,7INNING AT 'i91k. ROVI'IL.'Sr d•NhR 7V "I'Ri Il'. SHAOT VAIL SIAIDIVISION'. 'CCOit OLD IA GOOK I6 UY IbU „ 1•ACE 49, SA_�A ';A ':UU1'1'Y SECONDS. ON TBt A..^•T 1. 1 NI. IW SIII•r!I IIA;:C0>: II IK. 111N:HI rI " .1� .•i D CATO.; ROAD). AS SAID r.ASI LINE KAS RI;TASL L•tOLll LI IR:[D TU TIII. ,n1Y11Y Or SANTA CIA RA, ISCOR09a IN N1A/K S61B uV1'1CIA1. R1.CUNI ::, PARK 11Y1 'INL'. 'l. :,n UTII 11. 21' EAS•i ALONG TN[ EAST I INI. OY SOUTII tlSSI U,I AJENIh, 6B YLKT TO 'I'll,11,19' POINT OF REGINNINGi TRRBCS 1N011 SAID TNIiL WINT Or NE,;IMNINO CONTINPI91; ; uUl'II 0• SI' EAST ALONG SAID SAS7 1 IRE 71.12 YEAr T. A I'OIHT O u THE ROUTS 11.:r. IN THAT CSNTAIN PARCEL Of LAND 1 �.5, YIMI.D AS I'ANCi.i. NO, 1. ''ONVLYAn TO RP:;:. r.l.l. M. 'IATI:, ET US, OY DLED RECORDLI I.AY H. 1112 IN tlWE SA47 OFFICIAL RECORM , PAL4. 2241 TIIKHCB ALONG THE SOW% 1.lt: r. OF SAID PARCEL NO. 1, 9OR7N 59. 19' 00' I:ASI 111.90 FELT TO TAE NORTNWBST 1 "+'RL•LR OI PAPCEI. NO, 2, :CNia6D iN T!Ih: ur.Ll TO CAT► ARM REF[RNEO TOt NCY ALONG 'I'NI: AI.YT 1.1 PA RCEI. MO. 7, AIu1V1. IO.FEMMLO 1'O, tOU1N 0• .' 1 • OBE I: Ali*, 17.5U Y1; 1:� IN /OITIII.I..'i'r • ONNIIt 'I Ill'pcoll t TIIrwR IIOPTII 19• 19' /q' EAST ALONG TIIE SI,1TII LTHS 26.1D /'Li.l 'MI TIIR SOOTRBAST CORNSN TNYRtOFI nLN.:R YUATN 0• 21' OP' rl tl'1' ALONG THE CA.,l I.11411 iN "10 PARCLLS I AND 2. 1I2./ I:LT1 TIILNC6 IAAVITdI 'TIIR KART I.INI. In ;;All, FAPCKL NO. 1, SOOTN 461 29 0 rf•ST 102.04 FLKT TO THS TROB PUINI uY IILGiNNINO. + .. I'. 7KA-N6.555 + 2YB-ur-007+ i ROCOROIR'S 1111111111110 ISO► NMTM CN "Ma 91 RMSUN c.w•9/ WN// MAN P.rrNrM�n,it S/BRI� I� MWA i TI" TIMYDIRWA4 �n U34mn MD1w1— e�eeleeeeee.eeaw 1e'e 110111 0iet of Calirenie wew 1.0. an 1I70 `e Oet.ttir. G MIS L � u�..�l• ewaeee — i DERD OF TR' ,WA107 loft fES-01 eeeweLL ::. wo seed Mary Lee late, his .ire Y Joint teaenteo a fieele,sY,eesallsaY 136I larabille Drive ►arotoae, CA 93070 nee son ola Meet title tewreeee 0oorm 1 eM eN eM a Trwre, "A Muftti0 04" or WD00MIA,o cdw mk laetlilf DnteleMMee. r aweaeteq. •WITItE689M slat T-0. Ue —* OaAM M TOAMVtp AND AaalONS r TIktW Mt DO T1Wr. rTrf00d0/WI<MeetwdneweVwHe city of C-bell r tiONM1 of rtY Gave, State of California described as roll0w i! AEON A' ATfAOW HMM AND MICA A MRr MEN Pat IJ76AC. MSt1 MON ► k 1 ..t7i ..err A MCIMIFI, r 449.k A to /cwlr M ��� 111 tei of i see tee �� ee.��e r �0. dye reW. 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'.,•1 rr. ��rNNr LIwA• [lr.� �.►tMww zr • I I w•.t•L • Mrrl hr4 N •wA A-.4 f`w•q. pnw•III •f7•�, •' 3S..L• •r%t%A w t� rr r ta1111�+W •/MWt•C �RM�NYrAtslMWti mimmi IYrA1WrY•AbrllAC Mr Polk I.."a."*•W YrrY Or r...+r.� '�' l rtr.w.t.rr wrrw wasrewsa��A �+ �i ................... ......"-,... ••�......tll Wltt f■ NOtAPY h/l[ CMIO�A Wits AM ® SANIACWY WWT y • Mry�� /1Yt Y •/ it .Y O�Nr. ►.w•�' MA.L ��. M t�. = M• to r �i • almmis�rNr/rr.sf �1�11rrYalraYdry PM SWONVffAMB lbNtAwi ypY�yA�. �.Yi�yy�� r�r�r�.yy���•Ay rr 1l r�Ayw�wA�A�naA�w CITY OF CAMPBELL 2200 S. BASCOM AVE. UP 88-03 4 of 6 APPLICATION N0. CU-1100121 SdwKkdoC TIN bA �' rw n M N RMIAU M TIN e! ' Q"Ma A►'ASF ALL THAT CERTAIN REAL PROPERTY IN THE C;TY 9f CAM/SELL, COUNTY OF SANTA CLAM. STATE OF CALIFORNIA, OESCRI►EO AS FOLLOWS; PASCAL DID: SEGINNING AT AN UNDERGROUND REDWOOD MONUMENT WiTY. IRON CENTER SET FOR COMMON CORN" TO LOTS 2 AND 1 Of THE DUNCAN PARTITION HEREINAFTER REFERRED TO, ON THE CENTER LINE OF SJUTM BASCOM AVPMIE, FORMERLY SAN JOSE AND LOS GATOS ROAD, FORMERLY JOMt:SON AVENUE; RUNNING THENCE ALONG SAID CENTER LINE, BEING THE WESTERLY LINE OF SAID LOT 2, MORYM too ?EST Tr. THE POINT 9F IN72RSECTION THEREOF, WITH ONE OF THE SOUTHELLY LtAES OF THAT CERTAIN 5.97 ACRE PARCEL Of LAND CONVEYED MY EMILY E. DUNCAN TO ROLLT M. DAMPIER, ET UK, BY DEED DATED JULY 14, 11,42 AND RECORDED JULY IS, 1942 IN BOOR 1101 OF 9FFICtAL RECORDS, AT PAGE ♦17; THENCE LEAVINS SAID CENTER LINE AND RUNNING ALONG SAID SOUTHERLY LINE OF THE 5.91 ACRE PARCEL, EAST, 254.51 FEET TO AN ANGLE "DINT IN THE COUNOARY LINE OF SAID 5.91 ACRE PARCEL; TNEMCE SOUTH ALONG ONE OFT HE WESTERLY LINES OF SAID S 17 ACRE PARCEL, 100 FEET TO A POINT IN THE LINE DIVIDING SAID LOTS 2 ANd 5 OF THE DUNCAN PARTITION; THENCE ALONG SAID DIVID142 LINE, WEST 2541.51 FEET TO TM1 POINT 01 BEGINNING ANO BEING A PORTION OF LOT It AS 1tMOWN UPON THAT CERTAIN MAP SNTITLED, "N,.P DF TM9 SUBDIVISION Of THE ESTATE OF A. JOHNSON", WHICH NIP WAS FILE! FOR -.RCORD IN THE UFPICE OF THE COUNTY RECORDER OF TIME COUNTY UP SAR:R CLA' •TATE OF CALIFORNIA, ON MARCH IS, 1151 IN VOLUME "A" OF MATS, PAGE !7. GLUM. OESIGNATED ON THE MAP, ACCOMPANYING THE RE/ERRE'S REPORT IN PARTITION ACTION ENTITLED, "WILLIAM F. pUNCAN PLAINTIFF, VS. GILMORG T 414 CAN ET AL, OGF[NOANT'S", CASE WCA. 1101, SUPERIOR COURT OF THE STATE Of CALIFORNIA, IN AND FOR THE COUNTY OF SANTA CLARA, AS LOT NUMBER 1. EXCEPTING THEREFROM ALL THAT CERTAIN REAL PROPERTY IN THE OECD OF RIGMT orWy�tt VMICM RECORDED A/NIL 19, 1966 IN BOOR 7572 PAGE 717 OFFICIAL ![CBRBG, OESCRIGED AS FOLLOWS: BEGINNING AT AN �JNOERGROUND 49DWOCID MONUMENT WITH IRON CENTER SET FOR COMMON LOANERS TO LOTS ' AN4 I OF THE DUNCAN PARTITION MEREINAFTER APERRGB TO, ON TYT CENTER LINE Of SOIrTa BASCOM AVENUE, 70RM9RLY SAN JMG S LOS BATS$ ;GAO, FORMERLY JOHNSON AVENUE, RVNNING THENCE ALONG GAIS-CONTGSLINE 411104 THE WESTERLY LINE Of SAID LOT 1 NORTH 141.91 ►SOT TB ►HE P014T OF IITES/GCTIBN THEREOF WITH ON1 OF fHE GGWTMGRLY LINES M TWAT CERTAIN $.It ACRG PARCEL OF LAND CON7ITSO CY EMILY 1. ROWAN TO MOLLY M. MAINFIGS, 9T OR,, BBYY 0110 MATED {JUUL►?�y1%.. 1941 ARACCOpNDDID UV SAID SAID C WTElot%IL IMO AND Cl11111N AlONK4 S� PfOUTMERLY MOWING CIPUNTOF 1.17T THRICE ACSE POML EAST, 11.14 FELT; THENCE IAAALLGL TO SAID SAN DOGE S LOS GATOS SORB, OWN 110.00 FESY TO A POINT IN TNG LING DIVIDING SAID LOTS 2 AND 1 M 1111 01MIEAN PAATITIONI THEIR[ A60114 SAID GIVIOING LINE WEST I1.40 PN9 h "a HUNT OF MINING we NINE A PORTION N LOT {1. AI SMGM1 mommoom ID, A i i - A/��,CA[I61N I10. tW.6NEI i wftf*s t UPON THAT CERTAIN MAP ENT I TLID, "MA► OF THE SUBDIVISION OF THE ESTATE OF A. JOHNSOM", WHICH MA► WAS FILED 0 RECORD IN TM OFFICE OF THE COUNTY RICORDIN OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON MARCH 26, ACCOMPANYING THE REFEREEM VOLUME -A- OF 'S�RE REPPAGE ORT INAADPARTITION SCING &ACTION EIGNATED NTITLED THE P •y1LL1AM P, DUNCAN, PLAINTIFF, Vf. 61LMORE T. DUNCAN, tT AL, DEFENDANT'S CASE NO.�//01, SUPERIOR COURT OF THI STATE OF CAIIFORNIA, IN A14 FOR THE COUNTY SANTA CLARA AS LOT NUMGtR 2. ALSO [RCE►TIME TNIREFROM: ANY ►ONTION THAT It. WITHIN THE RIGHT OF WAY 0/ SAN JOSE 9 LOS GATOS ROAD, AS SHOWN ON TH[ RECORD OF $I'KV[Y "OR REWARD 1. ARNOTT, FILED IN BOOK 75 OF MAPS AT PAGE 16, SANTA CLARA COUNTY RECORDS. �tlL Tyo). PORTION O/ LOT K0, "MAP OF THE SUBDIVISION OF THE ESTATE 0. A. JOMNS'IN", RECORDW IN BOOK ". 01 MAPS, PA61 )7, SANTA CLARA COUNTY RECORDS, AS FOLLOWSI NEGINNING AT THE SOUTHWEST CORNER OF TRACT NO. 975, SHADY DALE SUBDIVISION, RECORDED MAP 6, 1952 IN BOOK )6 OP MAPS, PAGE 19, SANTA CLARA COUNTY RECORDS, ON THE CAST LINE OF SOUTH BASCOM AVENUE (FORMERLY FAN JOSE-LOS GATOS ROAD), AS %A10 CAST LINE OF SAID AVENUE WAS ESTABLISHED IN TN[ DIED TO COUNTY Of SANTA CLARA. RECORDED JUNE 21, 1962 IN TOOK $616 OF OFFICIAL RECORDS, PAGE 6/1) THENCE ALONG SAID EAST LINE OF SOUTH BASCOM AVENUE S. 0• 21' 00" E 88.00 F[CT) TRIAlce NORTH A40 PARALLEL TO THE SOUTH LINE OF SAID TRACT NO. 975, N. 09• 11. BB• E. l.2.G0 '[IT TO THE INTERSECTION THEREOF WITH THE WEST LINE OF LOT 16, `TRACT M0. 1626, DRY CREEK RANCH", RECORDED MARCH 16, 19S7 IN BOOK 16 OF NA►f, ►ABC 66, SANTA CLARA COUNTY RICOROS) THENCE ALONG SAID WEST LINE Of LOT 16, N. f• 21' 00" W. 11.00 FEET TO TN[ NORTHWEST CORNER THEREOF OF THE SOUTH LINE OF SAID ""(PACT NO. 175") YM[NC1 WEST ALONB :AID $09TH LINE, 690 It' W U. IS2.06 FIST TO THE POINT OF SE4INNIN6. PABClL fMR[!I 6161MMING AT THE SOUTHWEST CORNER OF "TRACT NO. 97% SHADY DAL9 SUBDIVISION", RECORDED IN BOOK 36 Of MAPS, ►AGE 49, SANTA CLARA COUNTY RECORDS. ON VMS CAST LINE OP SOUTH BASCOM AVENUE (FORMERLY FAN JOSS -.OS NATO& ROAD), AS SAID [AST LINE WAS ESTABLISHED IH DIED TO THE COUNTY OF SANTA CLARA, RECORDED IN BOOR %G11 OFFICIAL RECORDS, PAGE 6)8/ THCNC! SOUTH I• II' EAST ALONS THE EAST LIME or SOUTH BASCOM AVENUE 1/ Illy -0 TNL TRUE POINT Of 6161NMINGI THENCE FARM SAID POINT Of &CGWNIINN CONTINUING SOUTH G• I1' EAST ALONG SAID CAST LIME 16.9E felt TO A POINT ON THE SOUTH LINE OF THAT CERTAIN PARCEL OF LARD SIWIGEO AS PARCEL NO. 1, CONVETED TO RUSSELL M. IAT1, ET Ul, IV 0E10 9 .R ! f a • ° .�, ,.1 1 T, �i 1 . ITT• • __.._. .._. .__�I, ' . �MIIGRTiGN 110. GH•Nllll ff- or WORDED MAY 0, 19It IN IOOR 2307 OPPICIAL RECORDS, PAGE l2I1 THENCE ALONG THE SOUTH LINE OF SAID PARCEL NO. 1, NORTH /9• 39' 00" [AST 133.90 FEET TO THE NORTHWEST CORNER OF PARCEL NO. 2, DESCRIBED IN THE OECD TO &ATE AIOVI RCFERR[O T01 THENCI ALONG THE WEST LINE OF PARCEL NO. 2, A2OV9 RlFERRfD TO, SOUTH 0• 21' 00" EAST, 37.30 FEET TO THE SOUTHWEST CORNER r"Ift[OFD THENCE NORTH 19• 39' 00" [AST ALONG THE SOUTH LINE 21.10 F[El TO tHf SOUTHEAST CORNER THERF.OFI THENCE NORTH 0. 21! 00" WEST ALONG TI/E EAST LINTS OF SAID PARCIL2 1 AND 2112.42 FEE1 THENCE aIAVING ME EAST LINK OF PAID PARCEL NO. 1, SOUTH Si-139' 00" W1�1 162.06 FLIT TO T11 TGIR 001..T OF RG NWIN/. P M ;100��i0wtl8S� 8370006 I � P.O. so 1210 I . 6 ca.■cuw. a Sou A J I . L wea.....n.r� I , ..rr.�14 rrwl.e DEED OF'fRUBT AND AdBIONMENT OF REN'1 S r SETWUM :. oLUrroM BANK OF s 1. �1nO0n1A (y11M.f. ft bms Cwpr.Uw r BwAd..l. . . v� wnwm=W O d- H. $r rr..e.w OnAWM RIAlanng AND AMONS r 7%UWM ni TRW. 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PrK !W 1. r G. rY o.rr.,....+, •w••A - �111O�w�W W iNr.t ' rrwf�rYWr.rr Crw h aUjW Volt URWY ltYANCR rornwrw`. -•iar.,-r~�,r�.r b -- ' t IKruo,rw�r..u.�n.rsrro,Awn 1 a • _0 EIfUKT w BEGINIIM AT AN DOD UNDERGROUND REOWMONUMENT WITH IRON CENTER SET PORItIFLRCASO t CORNEA � LOTS CENTERIL� PARTITION I OF THE OUNCAN41 OI SOUTH BASCOM AVENUE,FORMERLY SANK JNG UG0 LOS GATOS ROAD• FORMERLY JOHNSON AVENUE) RUNIItNs THENCE •t C',� SAID CENTER LINE, BEING THE WESTERLY LINE OF SAID LOT 1, HCATN 1o. "., .,, IHE POINT OI INTERSECTION THEREOF, WITH ONE Or THE SOUTHERLY LIM1 Or THAT CERTAIN 1.17 ACRE PARCEL OF LAND CONVEYLO By ENILY [. OUNCAI ro SOLLY H. DAN/tER, LT Us, Sr OECD 01(lD JULY 14, 1141 AND RECORDS JUIr 1/, 11�E IN BOOR 11G1 0► OFFICIAL RECORDS, AT ►Ail 4)7) THENCE JU%.vLILAVNO SAID CENTER LIMB AND RUNNING ALO '" SAID fpUTH[RLr LINE OI TM OFSAIDR1.17 ACRE PARCEL; THS[MCLEct TO PA SOUTH ALONGLE POINT IN THE ONEOF THE WESTERLYNL LINDART ES OF fAtO S.S) ACRE PMClL• IDS FEET TO A POINT IN THE LIEN DIVIDING SAID LOTS t AMD 7 OF THE DUNCAN ►ARTITION) THENCE ALONG SAID DIVIDING.LIN[, WEST 15A.S8 FEET TO THE POINT OF BEGINNING AND CING A TMA PORTIOIf lFNOF LOT THE [STAY[ SHOW Up"TWAT CERTAIN NAP ENTITLED, ^NAI OF A. JOIGISOM', WHICH MAP WAS FILED FOR RI,CORD IN THE OFFICE OF THE COUNT' RECORDER Or THE COUNTY OF SANTA CLARA, SST„EMOF DCAL` �OAON NTHE MUCH 16, last 1N 11OLUNR ^A^ OM MAPS, PAGE S7• "WILLIk' ACCOMIANrINS THt REFERRI�f REPORT IN A PARTITION ADL►VOAN*I T_� CAS[ H0. F. DUNCAN PLAINTIFF, VS. GILMOR[ f. DUNCAN R AL, T%i COUNTY Or list;SU/PRIORSC OTT F TTHHEISTATE OF CALLF01NIA, IN AID FOR, SANTA CLARA, t RI LKCE►T1Ni THERIPROH ALL THAT CERTAIN REAL AL600KPERTY 7SS1 WAG[ )S7IN THE[OFFED /'IAI�.:- OF WAY, WHICH RECORDED A►RIL 19, RECORDS, OLSCRIBED AS FOLLOWS: BEGINNING AT AN UNDERGROUND rLDW00D MONUMENT WITH IRON CENTER SET FOR COMMON CORMRS TO LOTS 3 AND 7 OF THE DUNCAN PARTITION H[RLINAFI[R ORMS R[/LRRED TO, ON rN[ CENSAN t LINE OF SONMAVAlNUl, RVVNNING AENUE,FTHENCELALOMG DOSE S LOS GATOS ROAD, FOANERLY JOIIN SAID CENTERLIM, BEING THE WESTERLY LINE OF SAID LOT 7, NORTH l00. I[EI f0 THE POINT OF INTERSECTION THEREOF WI'M ONE OF THE SDUTM[RLY LI�MµOTOT CERTAIN 5-97 DAMPIER,AET[U•AR SYLCIEDOF L:.ID!0 JULY I4 Y1142 R'-!„-`-' -• ^' PAGE 437, SANTA CLARA JULY 11, 17M3 IN SOCK ILEA ON =SAID. Cl'--El •' COUNTY RECORDS) TM[NCL LEAVING SAID CEv7l1 ::.a[ AND RUINING ALONG SAID SOUMCRLY LINE Of S.17 ACRE PARCEL EAST, 73.00 F[[T) THENCE rARAIL[L 10 SAID SAM JOSE S LOS GATOS ROAD, SOUTH 100.00 FEET TO A MINT IN THI LINE DIVIDING SAID LOTS 3 AND 7 OF THE DUNCAN ►AA TITION) TNCt ALONG SAID O IV IOING LIME, WEST 13.N0 ,EST TO THC POINT OP SLMGINNING AID BRING A PGNTION 0/ LOT 11, AfL0SMOWN UPON THAT CIIRTAIH HAP ENTITLED, -MAP OF iM[ 1UIVISC . OF THE ESTATE OF A. .IOINSON", WHICH MA► WAS FILED FOR RECORD IIN ME OFFICE OF ME COUNTY atCOADER OF THE COUNTY OF SANTA CLARA, • STATE OF CALIFORNIA ON MARCH ES, IS11 IN VOLUI[ ^A^ OF NAPS, PAGE 17 A10 BEING DESIGNATED ON TM NA► ACLOMPANYING ME a[/tatE'S REPORT IN A PARTITION ACTION LNTITL[D-WILLIAM F. DUNCAN ►LAINTIFF VS. stu jm *a CALA1�aAM1A 'I0jrMe FOR, TNAACOUNTY Do Ai�wiRLAIMA Af LO NYNSO S. M SAN JOSLt{BI.NEGATOS RW�t�A�11,6"OINpaONj ANY PORTION TONTTMLLALCORBIN THE M SURVEY FOHT R WAY �� L. A00TT, FI LLD IN 60i /S Or NAPS AT PAN 3%, SANTA CLARA raw" NCNq. OR J810n*1848 POPTION 01 LOT l0 "MA► Of THE SUlOj VISION or TMt ISTATI OF A. JOMNSOM", RECORDED IN BOOR T'A" Of MA►S, PAGE 77, SANTA CLARA COUNTY RECORDS, AS FOLLOW{: B[BIP6IING AT THE SOUTHWEST CORNER OF "RACT NO. 915, SHADY OALI SUBDIVISIONN, RECORDED MAP 6, 1952 IN BOOK 16 OF w.IS, ►AG[ A9, SANTA CLARA(S RA COUNTY RObS ON THE tASI LINE OF SOUTH BASCOM AVENUE (FORMERLY SAN JOSS-LOt GATOS ROAD), AS SAID EAST LINE OF SAID AVENUE WAS ESTABLISHED IN TAR DIED TO COUNTY GF SANTA CLARA, RECORDED JUNG !l, 1962 IN BOOK 0618 OF OPPICIAL RICDROS, PAGE 4501 TH9MCI ALONG SAID CAST LINE 0/ SOUTH BASCOM AV[MUK S. 0: '71' 00" E $0.00 FEET] TN[NCc NORTH 'INO ►ARALL[L TO THE SOUTH LINE Of SAID TRACT NO. 975. N. 19• H' 60" [. 16f.00 FEET TO THE INTERSECTION THEREOF WITH THE WEST LINE OF LOT 1,, "TRACT NO. U71, DRY CREEK RANCM-, RECORDED MARCH 26, 1957 IN DOM 76 OF MAPS, FAG[ 44, SANTA CLARA COUNTY RECOROSI THENCE ALOMG SAID WEST LIME Of LOT 16, N. 0" !1' 00" M. 15.00 FELT TO THE NORTHWEST CORNER T-ER-`? OF TMl SOUTH LINE 0/ SAID "TRACT N0. 975"1 TMEMCE WEST ALONG SAID SCUT+ LINE, 09" 31' 00^ W. 162.00 FEET TO THE POINT OF BI/IIM.NG. PARCEL bM[[: :1911MING AT THE SOUTHWEST CORNER Of "TRACT NO. 975 SHADY DALE SUBDIVISION", RECORDED IN BOOK 16 01 MAPS, PAGE 41, SANTA CLARA COUNTY RECORDS, ON THE EAST LINE 01 SOUTH BASCOM AVENUE (FORMERLY SAN JOSE-LOS GATOS ICAD , AS SAID EAST LINE WAS ESTABLISHED IN DEED TO THE COUNTY OF SANTA CLARA, R[COROED IN BOOK 5611 OFFICIAL RECORDS, PAGE R7t1 THENCE SOUTH 0• fl' EAST AL&I THE EAST LINE OF SOUTH BASCOM AVENUE, It FEET TO THE TRUE POINT 0/ BI6INNIMGI THENCE FROM SAID POINT OF BEGINNING CONTINUING SOUTH 0-1' CAST ALONG ALOSAID EAST LINE 76,9! F1IT TO A POINT ON THE SOUTH LING OF THAT CERTA IM ►AGCIL OF LAND D[SCR U[D AS PARCEL N0. 1, CONVEYED TC RUSSELL M, IATI, [T UK, BY 0160 R/COADID MAT /, 196! IN BOOK 1567 OIFICI.lL RECOIIM, IA6E 7tt1 THENCE ALONG THE SOUTH LINE OF SAID PARCEL NO. 1, ploorAmm mm RR/M )♦IWFRM .IR TYIWII as OAImON OOFWA ILARBI POOR IMOIOM ARMC MDORR NORTH 19' 11' 00^ EAST II7.90 I[[T TO TH[ MORTHWC{T CORNEA Of PA.CEL N0, f, B[tCR I6E0 IN TM[ OEEO 70 IAT[ ABOVE RI►IRRfO TO1 TNIMCI ALOW, No. I LtN1 01 IARC[L N0. f, ABOVE RIF[RR[D T0, SOUTH 6" fl' *a - THE Uf T, 31.50 /[ET TO TV {OUTHWIST CORNER TN/RI0/1 THENCE MDWTM 19• 11 60" EAST ALONG THE SOUTH LINE fS.16 ►IET TO THE /OUTNEAST CORNER TNER10I) THENCE NORTH 0" 11' 0t" WEST ALON{ TWO LAST LIMIS OF SAID ►ARCICL0 l Alq ! ill,Af I[!• "*OctLIAVIM MI {A1T 111N OF SAID M/ t6IGIM. ►ABC{L NO, 1, {bUTN S90 /9' �6^ WENT 161.00 F/lT IO "a TRUE POINT OF i A' r��rTrr.rw JAN AS NG A.M. ra nluTolu tARt a aatroaTA, 69 CAneu summIsD Ot►TttusT AND Aedto im NT aw tuNTe J582►a[ 019 uY. 1NIw "T" pS'I1lIfTL NET ow -a RUmrlow NANN O/ �STM,OYhr."fi� 'M •1•II snlw AND Amopis b TRUfRR IN TRUST. ww b � p�t�/ar+CJIM.Y.ArIM r: r < '.. 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MCRIND As reLLONS: to" ce"TtR 11G 1101tNR AT AN VIbCRGRQrND R{ONOOD NONUN(NT ►ARTITIOM NtIIt INA/T!R ^R M Cbp�RS TO LOTS S AND S Or TNR oUNCAN ►ORN{RLr S)' pp TT1t C[NT1R LINL OF S.T.,.SASCOI► AV"'g TNtNC[ aLCIW Slp T9, ►ORNtRLT JOwNSON AV[NVt, RVNNIN& Np(lTN :O).0" ,IOs. t lOt 0.►tOS R Il ' TNl YIST[Rlr LINT Or SAlO LOT 2. SOUTv+_iL' SAID Cp1=LINI, TNCRlO► ytTN ONE OI Z`lil' E ►", TO TNl NI;l 0► INT[RS[CT LON 'q-!- LlNlf 01 f!MT C{RTAI'l S.TT AC TlU%M;yLO[[D OATFOOJULrt IL'r l4L: /IM:AN TO ROLLT N. OAIH I[R, l ►AGE L77, SANTA CIARA JUIr lf, iT.2 IN {DOR 1101 O7 OF IC IAL RCCOROS, Cpy11Tr RICORDS; TwtVCC LEAVING SAID CC:�TCR .00 AND RVNNINt ALOIW Sa110 0 Spy Tllttlr l,N[ 07 7.ST. Kt[ ►AACRL LAST, 7T.00P@tlr /IIT, T/IINCIl AlAONGL SA to OlVtSAt'011� y►IO LOTSS SGAATOS)Ro0►NiNI OUNCAN ►AkTITIONT0 A ►CANT IN Mt LAN[ OIV LOIN{ ►tMt, 11i3T 7).N ►llT► O T roRTAI NIMA►G 1MT"' t�"MI`/ Of •t001Mt{ M M ITMI I$TV a A. 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Atom fRab F_21ett 1D1Y Mlr /WEALS. » TMt NWr till[ K fA1l TRACT M0. fLl ' • lP [. RIO Of FIB » "a OWL""TtsM Tomes YITR TIII KST S.tst INRO• tA, tiff da r lrT 1►. •TDRCT M. loll. DlT W[R RAMUr. ltDtORDlD CLAIM CWAM RSCOACAt IMM AWMG SU: ''1ST U 1; or rRia. PAtt \► SMTA 1111t M La 16. r. tl• IN Y. N.N pm » Tm }grim aT COIGKA M SAtO `tfACI rD. tt3`t T11V1C1 Hest ALOG SA.' i::'' . M 111[ SN1r ltrt Use. no 201 N' r, tS2.N tttt » T+lt MtrT OF Nt1WAM. 1 �T so suaim ST CWllt O2 TRACT No. Sys sMW► Wt SYNirtstow, MSS y. SAMTA CLAM CONOWT RCCNOS, OR TIT Npyp IN lNt 3t OF MAPS WAS SAM ALMS), AS VAST tint 0C 1M1M basin •Tt1CAORR[RLT SW JNt-lN SAID UST 111t "AS asTAtIIon Ir eats O T Ttlt COW" Op SARTA CIASA. MS[ \7s1 TllHltl SOYT•I R/tetl in LASS sNa OFFICIK lKORDS. Ulr KOM TW VAST L1111I OF SWAIN MSCOM A.m"Na. N FIST TO THC TRY[ POIKT POW OF NKIla M cwft Ylra SOYTN M � DP NSIIDtlrtt 11T11Ca Frl this tl• amALOW SAID CAST Lars 1►.12 pW IsA /OirT M Olt SMTM till[ OP W lMM atf I&" AS I* I cowsavn To "at c2ffulM PAACSL � M. DAIS [T Va. DT NamRK'MND Mt t INtlIn No fSIT OFFICIAL twl. D[ iis1 Tirtl MATS Tr[ WOW -Lima OF WD PADCtI M I. Mogan.M YMTM as-. 31• W CAST 133.10 MI TO TW Rell"RTtT Cies"MTM S KCEL KID ire SATS Awn R[fCMN I 11a. 2. KSCRlaal Ir INS: !1• AN 11T 11[ST lira or PRICES. r0. 2. ANTE atrvkm ire. soil COMKR SHOWS TI1610E YORTM AM VAST. 31.14 FICT » TRa SOIITIATST USDA N�Wall AIFOKTTo TW TW UST I RIOF SAAID R IN INW I"TVj M 2SOUI. IMCRNFI FADCKf I Met ill.\2 .Fallj TIla1CS S.UWIt TIT CAST lira OFSAIO 71Oar t1asT ISl.N FCtT » TIK TORS plr► a s�ITR as 31 poem 11D. I. --Tw- =.1-4-jr .. &«. .. , VbWrxk- . A4/OS/BB ALL -CAL FITLF COMPANY RE SiI.0 OT 1 HY: CARL ABBOTT . PRtPARFD FORI.OACARA I'q* R':p[-CO AP"m 288-06-001-- ----S11U'::I CAMPBELL 95008 7N: CN - A LEGAL, E1i:-Ti7NIIS"FFiANlz2—ANII CAROL 95120 USE 57 XMTe N MAIL:•197Ci0 GRAYSIONF 1N9'dAN JOSS. CA A:31)Et3 D: -1 $336,936 IMPR: 59% SALE& 06/t3/,46 491,000F FOS: -- LINITS: 2 LOTSQFT: --7jLTT-bH-FMIStHU 16200 SQf'T& 5605 BTH Tar ----------------------- -----,---------------"---'---'--- ---......- SITUS& 2220 S BASCOM AV CAME"BEIL 95008 _ APNI 288-06-006 S RZ6 F'VTE L Ef L'c113AL.: Lt0• JOHNSON SURD / 7N: CN MAIIJ 1264 S BASCOM AW— SAN JOSE CA 9'-1'?8 LISL: 01 XMT: N $350,000 IMPRI =?� SAL.t: 11/17/86 4350,000F f1)S' $215,000 ASSES'BII: LOTSQFTI 14214 SQFTs--- ---F1L`Tr__4V-RMS[BD--3 T:1TH 1+1 TOT 7 UNITS' -------------- ------------- -1868 APN& 286-06-015 SITUS: 1100 SHADY DALE AV CAMPHELL 95008 OWNERS -RAL-PH-F LORITATNE LEOAL'. ZN: R1 MA I I : 1 100 SHADY DAL F AV, , CAMPBFL L Co 9`:00£I U k; 01 XMT: H $214,235 IMPR: 60% SALE: 09/23/86 4179,500F TDS: $133,700 ASSf=StiO: I OT SQf T: 10001 SOFT & 2137 " ------ ill L 3 T CIT 8 UN 1 T S' --- --` -' ---- --------•----- ---• -------------• APN/ 288-06-078 SITUS: 1211 BENT UR CAMPBELL 95008 i1Ql&"Tw--rURIIOVA CTML.FS E. LC. GALS 9.700'3 ZNs RI USE.' 01 XMT: H MAIL: 1211 BENT URIVE.:CAMPBLI.I. CA SALE: 03/10/87 4244,000E TAG' $219,600 A'?SESSU: 6200.036 IMPRI 57% --BLTV-3g-RpMB0 3 BTH-2 TUT 8 UNITS$ LOTSQFT: 8015 SOFT& 2.118 APNs 288SITUSe 1097 BUNT IIR CAMPBELL. 95000 -06-036- ---uwW- : GM77LEv CIIARL� & PA7RICI LFOAI-: ZN: RE XMT: H MAIL: 1097 DENT DRIC:AMPHFLL UA 9*100£I $208,500 ASSES1,D1 LISF: 01 $187,680 IMPR: 59% SALES 11/13/87 $231,000F 705: -•erg-g4q[100 3 BTH 2+1 TOT 6 UNITf:& LCITSQF'T& ------- -- --------- - ----- 8030 SOFT:J691 --------------------- -- ---• ---- ---------------... APNI 288-06-041 S'17USs 21,9 M(If TA WY CAMPBELL 9500E s r_ I. �tFVEN-AN6 DEBRA LEGAL. Lt6 TRIO28 / 2N, R1 MAIL: 2159 MONFIA WYT(:AMI'BF.LI CA 9S00F• S1/>3.40U ASSESSD: LISF: 01 XMTI H $164,486 IMPR: 48% SAL-k: OS/22/87 3223.000F TDS: -FCT7--S�TIPISFm T-BTFl 241 1CIT 6 UNITS: LOTSQFTI 8040 SOFT: 1762 -- ---------------- '------•------ ----------- ---------------- APNI ?jB8-06-044 SITLISc 297 MCINCIA WY CAMPBELL 95008OWNER a -CLTTr6AVM-NN6-1`AIVU-E--- l E* f 7 MAII : 297 MONE-TA WAY IC:AMT'11E11. CA 9SOU£i USES 01 XMlt H $189,965 IMPRI 56% S3LEs 01/19/88 5264,000E Tt):ss $184,000 ASS`.=.S!iD% LOISQFT: 9104 SQf-TI 2028 BAT& 6:4 RMS'PD 4 HTH 241 101 C4 UNITS: APN.' LHS-07 017--------SITUS: 1072 EI SUI.YO (IV C:AMI1FIf71.L 9500L3 OWNFRI LEE MICHAEI.. LEGAL: 91.,008 7.Ns Rt LISEc 01 XMI : N MAIL : 1072 FI_ SOI YO AVE ICAMPBEA I (.A 4ri8.n00 A'3GFGSOc $166,626 IMPRI 59% SALE: tl/t3/37 112t0,000F Il!'s: UN11S: LOISQFTs 10950 SQFTs 1487 ----------- ---------•----------------------------------- APNe 288-07-02ti SITIS: 1190 Fl. SOI.VO AV CAMPPFLL 9500E --liWWR= -rnTA ZAM -S ITr t'N AND FL 7 7 LEGAI-s ZNI PY MA T A I 1180 F 1. SOL.YO AV T CAMf Hf A L CA Q" 000 LISF : 01 XMT & H SALE: C7/11/86 $1:20,000F TDS& $91.000 ASSESSDs $120,000 IMPRI 61% --TCT--4& Wpflp- fF 3 M I - TM A UNITS' LOIWWI I 8712 SOF'TL --- *WARC.H C0Mr'I-ETF WITHIN LIMIT,- 92 NECORDS REAUI RECOnDS RETLMtNIE01 9 __ I. AT ' 37T07a F6 THE" )NFOR,AIION PRC,VIDFD IS LIEFMfD RFLJAHLE, BUT 1S N01 UUARANTF.ED COPYRIGHT TRW 19E6 04/06/80 MA --CAL TI'fl.F COMPANY P9EPARFD FOR; DACARA Ihs PAGE 1 F*ESTED BY: CARL ABBOTT RE P i -CRI-- - >>> PROPCRTY INFORMATION «< OWNFR NAME BAYF RUSSEL.L M ON), MARY L SITUS ADDRESS CAMPBELL 9!i008 -MrI.1 iii-A710F(ESei 131.99 SARAHILLS DR;SARATOGA CA 95070 LEGAL DESC. ------- +F�f�EL ijC(i�H Ft---1€ft•_t- i�b-00£ ';OUARL F EET 1, 193 7.ONING CN LOT SI7_E 0088XO162 USE COME- `'8 L01 SWET 14,256 ---Fp TYPE- BEDROOMS CITY CODE CA ROTIIS (F + H) YEAR BUILT 62 TOi4L ROOMS UNITS FEATURES >>> SALES 1NFORMOIION «< --CAyT9M--S DATE' mloo/ /9 LE.NDER - - SALE PLICF ISl TRUST DEED DOC. 1► / TYPE 6412924 OfHFR LOANS - - - PRICE PER SQ.FT. >>> TAX INFORMATION <<<: — EREmp Tw NONE ANNUAL TAX $1,947.80 IMPROVEMENT VALUE $30,576 IMPROVEMENT VALUE % 41% LAND VfM.Uk $42,9S2 1'AX RATE ORFA 10088 —---TOT1iL AHSESSrD VALI lE $ 73 , 478 THE INFORMATION F'ROVIRFO IS OFEMCD NEIIOBLF, BUl IS NOT GUARONIEED CUPYRIGHT TRW 1986 COMPAniSON SHOPPING MAY SAVE YORWONEY T U3 TITLE INFORMATION HAS BEEN FURNISHED WITHOUT CHARGE BY ALL-CALIFORNIA TITLE C OMPANY OF SANTA CLO RA COUNTY IN CONFORMANCE WITH THE RULES ESTABLISHED BY THE C \LIFORNIA INSURANCE COMMISSIONER WHO URGES YOU TO SHOP FOR THE BEST SERVICE A rAILABLE AND COMPARE CHARGES AND FEES FOR TITLE INSURANCE, ESCROW, AND OTHER SER- V CES ASSOCIATED WITH THE PURCHASE OR SALE OF A HOME. PROPERTY PROFILE ADDRESS: NT' *riu' RUSSELL and MARY LOU BATE RECORD OWNER: __ DATE:— 6-26-79 DOCUMENTARY TRANSFER TAX: $ 40.70 DEED RECORDING CONCURRENT TRUST DEED, IF ANY: ____(See attached) LEGAL DESCRIPTION: _ (See attached Deed copy and Plat) Assessors Parcel No. 288-06-007 TAX INFORMATION: A: xssed Value Land $ 105,015 $ 144,276 Assessed Value Improvements E),smption Net Assessed Value $ 249 291 1,643.99 9 1,643.99 Installments III ❑ h, lisu of the above, sea attached copy of Aeeansment Roll. DISCLAIMER TO RECIPIENT This property profits .3 furnished as a fuse pudic serviceit is not the result of a title esarch or based on a oomplate examination of the public records. It is not intended to be nor should be relied oar, as an accurate fspreasnfaWn of the status of title. ALL-CALIFORNIA TITLE COMPANY disclaims any and all liability as to the vaNdity, sufficiency sndfor effect of the documents described in this profile. aa�"e �- MalaaRti la T1t1nY )20072/lSde � • i r - aoroN Mo- Co- bill 1 2B8-06-009! 2Sa • 74 E 591 tu: `` f `rft.M ;,M. Da :e E 591 n.t 74 13699 Barahilla Drive t lu L arat"a. California J 9so7o �M Y r Yee1 M , � rNr. Ruatell M. ate JUN E8 19T99:OOW ° .: ft..Mary Lou Date 12699 Barahi lla Drive Saratoga. California MW A MAIM. Bsk . . L9 9070 J �� �� MAta ARCYa THIS LING 1011 090e10R11'a YR� Individual Grant Daad TNNfOAYTVANIWlO-Y-IND-NTIAL TITL/CO-M4NV _ __ _ _ _ 7f- w�Y-++� F to Miwl.l I PAV" m" om PUNS, p-�wq air m i 9+ Ppam P-1 7 Inl Y tlr I/ rk Now rA tsi-rr+d.. Aj Ta..V TA-.1 ( ) U.b.".4.I Y-.I Sa) Cary -! aT1 : - FM A VA +IA"tDN%DD2A110N, I—* .f -W Y M-b/ -A'- k4Pd- ♦ 3 , V., V 1TAUS AND JAMS N. VIITAMMMT MOUND AMD MIDI 0 WS* ca;im9) IS ROB/lift M. BATS AND+MARY LOU SA", MIS NIPIAfi JOIN TI/ANPB a.bll-.hiarOd. m" pm a. Cr:y.l onta Clara PLGSI MIR TO DISCRIPTION ATTACMID IRRVM AND NADR A PART WRWF- f i nrou rt���wlU+roaNu l.a � - _ � V1Lt_ aNA iae••-���i�� --- r...r � TA-I-rAT•. 14�y._-«.w... N.«. -I.-Y � M � elTNt. w r.. «A.S j1111l —_ MAN TAR WAIUNNNI N alYf71D ..10T7 •• r1 • , f ' E 591 hit75 C["'IAIAM :SAL IVtOPI PT'i BITINTt: I t '1'u 1. w4l,v'ol4PONATED AREA, COUNTY Of •1 nI.IAI:IiI AL6 THAT SANTA CIARA, STAt[ OF CALI YONNIAr DF.RC 41 Jh: r. ;,. Of Till. 1.:;TATc. OF A. JOIIHSOH•♦ "r`' ' PORTION LOT 10, •MAI1 UY Tllh: I;UI I11Vl9im, PORTION 'A' NAI".:, PAGI: 17, SANTA "I.Allh COUNTY NI(CONI73, 111 DOOR UP I;E(Y`N 11e 0 j >; rOLLONSI ING AT Tllt: SOID'I;t. h;ST' 1'111tN1:R OP TRACT VO. 97,, SIIADY DALL SUBDIVISION. I { { h: A9, ; Ah'fA CLAI4A COL 71TY [LCOEDSr ..^.I:GINN NKCURUED MAY 4, 1952 I9 !IU'N: If UI' MAPH, I•hG AVKNUB (h•;Ilt:.II NLY SAN .108►.-LOA GATOS ROAD) ON THE CAST L:NF. Or' sO Cfll I!ASCOA HAS BSTAI'LI NIILII IN TIIL DEED TO COUNTY AS SAID F.AR'f LI NF. OF ::vn AVh:NOt: LI::: I':1 h. 21. 19L2 IN HU(1R SAIB UY Orr ICIAL RECORDS, rA08 / LCO SA11: 1:�f I.1NK OF DOVI'1' 4ASrI1 AVI:NUB, 8. 0• 11' 00" It tiAA'1'A CUNA. k1:COR RACI: ' _.� J]BI TC AI i'ARALLK I. TO TIII: ::(IllflltN+ SAID TN ACT N0. liSr l h h.LTI TE[NiK IMNI'll ANI. jl F k.. I T1100• 'f 'I'll TIIr. INTNNI;tc.rI7Rt '1'N r.R1.tX NIT" TIIK NEST LINT h:. l('2. U0 1'L1 If, "TRACT NO. 1K2tl, 11KY CHKVK NAAcII", Mh:C1ll1IW.D NMCH 24r 1937 NEST OY L(1r 7f UY HAP[. PAG F. •If, aA7;TA .'I.AItA Cll(N'i•Y h�C'ua :;7 TIII:HCE ALONG SAID AK.00 rl:l.I 'C1 'f11/. NONTIMf.ST CORNER t11EE LINY Ur LOT 11, N. 0• 21' UO" H. 'TRAC•; Lo, 97`i't flu :CY i—AT ALOhM SAID E012rIs f ON TIII: EDICII LINT; Ot' ::21D JJ' le:.'l11 Vh.:'1• •IV 'ILI.NLG INN LUJ. LINL, N. Y9" 1!1' q. 11 : IIAUY IY.I.1. 5'-b DIVIS/DA0 I•Lf.I I:Y ING AT 'rill S.rt'l'Ih.,:-: �'"PNFR 44 "'rlti ' THE ! . 19, ti��..�'• '..h 'UIp.; RVQ; t l:l(11: DLD ;a BOOK )6 OF hiAi'�- PACK 110 ), 1�819 I.L' •I",.. Irr; c.A'I'O;; ROAD). AS [AID 7 ,. A::T LINI: Ot' ::011r'1 IM::.''1•: ,I'ul'RI I7 1.1 1,CEO TO Till. .�'InI1Y nl' SANTA CLARA, RECORDED IN ,.AST LINE HAS R9TA VLI::I;L .IMK i61E Uk'1'11'IAI.I'M;1; 1181 1111.'.'I.-"UI'll U• 21' EAe't ALONG THE EAST 'l'lll '7R1'r I'111NT OP SF.G INN [NGI TM[ECt I IKI. Or 80lTll NA::GO:1 !•!h VI., fltl YAKT TO L'(INTINI'1.•71; ::Ultl'll A• 21' EAST ALONG SAID W_T1 ( I 1'NOII ':AID Tit ut. MINI' . Id .:INNING L Of LINE 74.92 FEK'1• TO A 'I`:'I' 0% TIIL Souris I.I.:I. '•h' 11"Wr CtN'rAIN PAOYEDL D RNCONNk� f ET UE, I!r. icNIIIKD n5 PARn.I. '.". 1, .111•:VLYLD TO Rlt::,l I.I. ". 'lA'rl:, IA.:1. 23BI TIIENCE ALONG TIIE /0 MAY tt, 1942 IN IIDUK •�7 OI't'IC)AL RECONOS, A:i7 1)].90 r/ET TO THE NO:l, LINK: or SAID PA f•CKL FO. 1, YONTII /9• 19' JV' f. IN Tllh: OL1.1- 7'0 RATE ABOVE REFERRED TOO ^ORIILR Or PARCEL. tl;l. I, D1.9c,1:10[D IILdCL ALONG 'I91h: e1:ST LINK Ot' PAIMLL MO. 2, ldR1Vl. 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N •n. nM. �M•drw dwdr N Vrr w w«rr•• w dl .IM. wbrlNw w n,Mr ••> r.w^Y aN^•�R'N• r•drblidwr Tr..lw •ny rrr..M/rsnrrur..pnW.nrr•rrwwwrldirM.n Yla�r.lblM r4yN •Y .r.wdwr rw.wli.'blww rn pw.ry M.nt r.rr4tl.•lhww..�cl> 1•wt wberd� Wr•wrer. ywr•I.Aetly Yr dwd NltulwWlMe vl►rrlM'.d.ldl •r rwarw>..NR•.a.rr••b. dlw••>Md 11 1'1ED 4 W TIU MT ANT) ASSIGNMENT OF REM" 1 a11.rf�Yrr'r.�a MYYrtYrrt�.y rlw/ �a.�wrrrsrA6D.wYwe..d ��yy OIrAtOr`,'� y � W rMr�r.r P.�rr M ryrtl.Y��w^" ,..wrrq rY.A�r'lryrrlr YYY�.r�7r •._�`r db. -p-p u�•�A.�rA�1.�Mw•r' ..ru t u/�� �.r�l r w Y .,r 1►ft.m Iy �...It bA u� ,�' n.Wy 4`A1r.: "r.Y�rtWW I. r+n,�r�1Lw:.rwwrw �w+�Ri�. nii:+��ry�•.t� ��Mw 'r N �...`......M�..w:�r.�.Mr f7it1 Iy brfwrarr.r o.7'rr r��rrr+wrn�.rrr+ rwdr..bw..t.u..l IlM.1M�+1rlMdfirrYurdr.rrrroarin.rrtYrrr.�lr nAAr� err. wlwd � ail 7.rdrRMJwlbarrrw� ��rr rw.rrrYwwsrwwnr►� ,rb� r�1r►Nwrrurft,�...r.�W.Yrt..rr.�TMw, y.yn. rf reW u;.MlsMw.lxww.�r�ri. Wilr. rrdroYywM� {(D� rw�r; M u�d� .w...w�„"�� ►ww� ..1....1 r r rw.r trMrnrrrY yIyt�errW_r� err' W Iy rY..Iwtr.rdtr W M y riA r tlr r W ,ly __..rye �y,M,. r....r Yr. wr.lw.r.MM.N r./ w.wr•l W.Ir..w�r drr yirrg7"�`� r L1► Ors_ �Ip.rrwT.ra��el 2 Dr: y.r.Ifi.rr Oy yrr.IT..1r fOwla.Uw1 Iri.rwR RM'R OF CAIDOW" RA-MOICALMOMIA C.wnt �IYrr.f—AMLLSA— r1y � >'r 11}��`y'�l1^] tM.. r • •-•_ _ • NMrf h� r .M /wr rY C+wn. rr..N11 .Rrr•�• V •,Ie �'r. fr rff�� 'S.r�Y�. Mrr. YYee r r w tt. r r 1w wrMy r w 1y tAr. .f sWA h.11� wl�rlrrWr�� ��tr wr YwrrtM rWrrn wty.l tyY.fWR.rw' r�''Yrrrt r.Awwr Itr y I.►. rrl rM�irirR' r�'^"rr Y/W rRrrlu rrrra wrmwrtrr.er.I rl esyr OI171B►ptr r.d•1r� "'m Rr.r-a rYOtw�•r-� rrn�WYY r O..w 0w0 W.yw4rr tb arm ¢r Ifrrr.trl RA'R p►CAI,OOIIMIA YlMrlrr•.rr.yrN•rr.............. pYppAAl1(( �r./� Illrl� Y. ^: ® MOTARtIflAL�CC1AM11fAtM a O ltr i/ tANfA f1AM f:Ot'MM t WK..I • Mrr. [4t11. w r rr rY .A.rd• �1ra M r� y1r�trrrr4� r 1. y Ma.. IM1 r r.rlr �� IL w• 1 wn1m.ntrr.e+r+t 1yrA rY.r r r.W C.wr wrrrlrrr7lr RRQUW r FOR RBCONVRYANCR My��rA�; � py..r�e• r Aw a A.r r rr r�r.MrrM l.r'f�11� ���j/ try, � Ma�.wlM. Y rr. M W t� 1w wAr �r r wlrl a^wd�.OrW err. f1m(W I M AV. AWKWOM TO►IOMft1 oft • SduduM C APPLICATION NO. CU-4eE621 ' I TM Wr .11, • IwN� N MC,R,! �� INlow: SALL AT CERTAIN RAL PROPERTY IN THE CIT-j or ANTA CLARA, STATEl OF CALIFORNIA, DESCRIBED AS FOLLOWS: COUNTY Of FOLLOWS: PAR ^NE: I BEGINNING AT AN UNDERGROJNO 0.EDA3 o MONUMENT MNTN IRON CFORMC0.LYENTER T SAN FOR COMMON CORNERT CLOTER2 ANDLINE OF SOUTH BASCOM AVf THE DUNCAN ENUE, HEREINAFTER Rlf ERRCo TO, ON RUNNING TNENCE NORTH JO`_: AND LO. GATOS ROAD: FORMERLY JOHI:SON AVENUE) THERLY ALONG SAID CENTER LINT, BCING THE WESTERLY LINE OF SAID LOT THE2, 100 FEET TO THE POINT Of INTERSECTION THEREOF, WITH ONE Of EMI SOU LINES Of THAT CERTAIN S•97 ACRE PAR:.EL Of LAND CONVEYED er [M1LY E. pVNCAN TO ROLLY N. DAMPIER, ET VX, eY DEED OAT ED JULY EAT 19 Ge AND )RT„!NEED JULY IS, 1142 IN S"OK THE 1101 Of OFFICIAL RECORDS, LINE OF LEINING SAID CENTER RALINE254.56 UNNINGET TOLANGAS E POtNTE IN Y ONE BOUNDARY LINE 5.97 ACRE PARCEL, Of SAID 5.97 ACRE PARCEL) THENCE SOUTH ALONG ON[ Of THE WESTERLY LINE TMENC! ALONG SA10 DIVIDING LINE, WEST OF SAID $.IT ACRE PARCEL, 10' SECT TO A ►DINT 1N TN[ LINE DIVIDING SAID LOTS 2 AND S OF THE DUNCAN PARTITION; LOTS 2 FEET TO THE POINT Of BEGINNING AND BEING A PORTION OF LOT 11, A Of AN UPON JOHNSON"? WHIICHI MAPAWAS N FILED FOR RECOROT IN TN! OFFICE OFF THE l COUNTY E AM RECORDER OF THE COUNTY Of SANTA CLARA, STBEINGf CSIGNATED ON THE MAP CALI1 RNIA, ON MARCH 6, IBS1 IN V01_UME "A^ 0/ MAPS, PAGE f7, CAS! NO - AL lYI AI,ADEfCNOANT'S'EO� 'W IIIt SBANTA CLAM A, OAB OTT or NorBTHE2STATC OF CAIIFORNIA, IN AND FOR TM! COUNTY Of EXCEPOF TINWNICNRRECOROlOALL APRII 19RTAIN 19660.EAINL BOOK PAGEIN THE 337EOFFICIAIRIGHT RECORDS, DESCRIBED AS FOLLOWS: SON CENTER SET FOR BEGINNING ATUNDERGROUND) UNDERGROUND)O LOTS 2 3 of111EONUMENT DUNCAN PARTITION HEREINAFTER REFERRED T0, ON THE CENTER LINE Of SW TM eASCOM RUNNING FORMERLY SAN REFS t LOS GAT05 ROAD, FORMERLY JOHNSON AVENUE, RUNNING 1MORTME1 00� SAID CENTERLINE, BEING THE WESTERLY LINE OF SAID LOT 2, F99T TOfTHE POINTCEROF INTERSECTION RE THEREOF WIT LANCNONV[TEONBr4 EMILTRET DVHCAN TO ROILY N. OAN►l[R, !T UK, BY DEED DATED JOLF}�T E�jlR�4LyY.V�4COUHTy 9RECORDED RE RD[D THENCE .Lr. ARJCLR[I MNG 'SAIDCEL t ENT LINE SAND R NNII� ONw ; THENCE PARALL[LITO T p AN JOSC tF LS ATOS LOTS 2 AND ROAD, SOUTH 106.00 PELT TO TNENCET AIN DIVIDING LINE,O WEST 73.00 SHOW" S Of THEY OVNCAN ►ARTITIONI FEET TO HE FOINT OF BEGINNING AND BEING A IN7ATtOM Of LOT ( , E! " . I AriVCATION N0. CU-A6/°21 I I ' 1?7Qna� TATE Or U►ON THAT CIR.;CMMAP EMAP NTITAS LED, FOR RECORD IB THLIO/FI ClP OF H THF.S COUNTY A. JpINfON", MARCH jCORDEROF VOLVMEL"A"—OfYMAPSfµ AGEC 77R ANDSBCINGOOCSIGNATlDIONOTNE MAP I AISII CCOMPANYING TH! REfEREf'S REPORT IN A PARTITION ACTION ENTITLED, ACCOMPANYING I OUH. RE P:•."•INTIREP VS. GILMORE T. DUNCAN, ET AL, DEFENDANT'S CASE NO. ft01, SUPERIOR COURT Of THE STATE Of CALIFORNIA, IN AND FOR THE COUNTY O/ SANTA CLARA AS LOT NUM&Vt 2. HE OfffANXJOSEI"G TH CATO, ROAD, ASRSHOMNTION TONTTHCER'CORDIO/TSURVEYH FOR NAY EDWARD [. ARNOTT, FILCO IN GOOK 7S OF MAPS Al PAGE 74. SANTA CLARA i fOUNTY RlCOROS. , rARc[L TNQ: ATE PORTION OF IlOEO INLOT 1 " A^ Of OF MAPS, PACE 37RA KAP ,SSANTAP CLAl CTOUNTYORECORDS, �AOSN", RgC FOLLOWS: BlO1NNING AT THE fOVTNWLIT CORNER Of TRACT N0. 97f, fMAOY DAL[ fUOOY RECORDS, ONCTHEEEASTP LINE IOF2SOUiNOlASCOM AVENUE (FORMERLY SANT JOSCALOSRl C GATOS ROAD), AS SAID EAST LINE Of SAID AVENUE WAS ESTABLISHED IN THE DEED TO COUNTY OF SANTA CLARA, 0.ECOROEO JVNE 21' 1962 IN GOOK 561f OF OFFICIAL RCCOROf, FAG: ►7L; THENCE ALONG SAID CAST LINE OF SOUTH BASCOM AVENUE S. 0. 21' 00" [ /5.00 FEET, THENCE NORTH AND PARALLEL TO THE SOUTH LILAC Of SAID TRACT N0. LINE N• fi° 79' 00" [. 162.00 FEET TO THE INTERSECTION THEREOF WITH THE WEST LINE 0/ LOT l0, "TRACT NO. 112f, DRT CREEK RANCH", RECORDED MARCH 26, 1957 tN BOOR 7f OF MAOR PS, PAGE 44, SANTA CLARA COUNTY RECORDS THENC0.E ALONG SAID WEST LINE OF I.Ot lti, N. 0° 21' 00" W. t/.00 FEET TNlNClEWCSTTAICONG SAID SOUTNER REOF Of THE SOUTH LINE OF SAID "TRACT Mu. 97S"{ LINE, /9. 79' 00" W. 162.00 FEET TO TH[ POINT 01 BEGINNING. PARCEL THREE: OECINNING AT THE SOUTHWEST CORNER OP "TRACT N0. 97S fHAOr DALE SVOOtt'V if tpN", RlCORDCD IN BOGK 76 0► MA►f, PAGE 1.1 SANTA CLARA COUNTY RECORDS, ON THE [AST LINE OF SOUTH OASCOM AVLNUI (FORMlRLV SAN JOf 4L0! CATO! ROA03, AS ..T LAf" LINE WAS ESTABLISHED "- IN DllD TO THE COUNTS OF SANTA CLARA, RECORDED SAIDIN GOOK S611 OfflClAl RECORDS, PAGE ►71; THENCE SOUTH [AST ALONG MC [AFT IINt OF 90UTM OASCOM AVLNVE, 11 FEET TO THE TRUE POINT OF BEGINNING{ THLNCL /ROM SAID POINT OP BEGINNING CONTINUING SOUTH 0. 21' EAST ALONG SAID (Aft LINE 7A.92 /[CT TO A ►DINT ON THE SOUTH LINE Of THAT CERTAIN ►ARCfL OP LAND"0INCRIOEO AS PARCEL NO. 1, CONVEYLO TO RUSSELL M. RATE, ET UX, IT O[ED 41t L CU-481821 M RECORDED NAY 8, 1962 IN BOOK SS67 OFFICIAL RECORDS, PAGE 228s THENCE ALONG 1, NORTHDO- EAST 133 90 A THE SOUTH LINE OF SAID PARCEL NO. 89 ; XTET To THE NORTHWEST CORNER Of PARCEL NO. 2, DESCRIBED IN THE DEED 0 ABOVE REFERRED TOji THENCE ALONG THE WEST LINE Of PARCEL NO. 2, ABOVE RIMepRCO TO, SOUTH 0' 21- 00" CAST, 17-S0 FEET TO THC SOUTHWEST CORNER T"gltioll, THENCE NORTH 89- )% Be-- CAST ALONG THE SOUTH L1149 28.10 FEET TO THE SOUTHEAST CORNER THIR&OF., THENCE NORTH 21- Do- WEST ALONG THE AN 2, Ill. 4 2 PC "r I Tk9Cd LEAVING THE CAST CAST LINES OF SAID PARCRLS 1 39; 0 " EST 162.00 FEET TO THE LINE OF SAID PARCEL NO. 1, SOUTH III* TRUE prImT OF BEGINNING. I 8710666 • Yww�+....�.�.a+. ry I A00�11TM=sp �wuw�a rr. &.tcuo ova or caluernl. 1 M AN AMR { 10 F.O. a+ 1270 •••� 04. tj e,. '7. 95015 �A IIMi L J mambo* DEED OF TRUST AND A88IONMENT OF RENTS d , —.ULL— T"DmOFTdUl1'.+..i.+ld. wwwwJ !YCL .. 4 n..w..r. dr.. r Q T .. 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J >��Cril 26 19" e+.[rarrWr.�a..r w.rr. • rrr ey —wrr.Nh. /Iwrr+41 RA'R OFCAUPOYOA aroma. --------------- W k y 0..0...rl1 •elw.! iir�ierrr�Iwr � r��,w r �1111OA W W rYlw rt eLrf htrr W [may O.rr w �r reY. ���r1e1Ire10/.f� IMUM MR RZWNV "CR I IJO., iflT 'A' J810mvlM PARCEL [: aLGINNING AT AN UNDERGROUND LEDW000 MONUMENT v.TH I -.ON CENTER SET RCIIRRING[OMTOCOONETNEOLOTS CENTER2 LINE OfF THE DUNCAN PARTITION SuTH BASCOM AVENUE, P0MIERLYASANR JOSL Aim LOS GATOS .ROAD, FORMERLY JOHNSON AVlNU!) RUNNING THENCE ALONG SAID CENTER LINE, BEING THE WESTERLY LINE Of SAID LOT 2. NORTH 1a0 FELT TO THE POINT Or IN [ TERSECTION THERE(` WIT" ON[ Of TMYSOUTHERLY DUNG TOIuOILY N DAMP ILII,N[T•97 U:1,AaTEO!lOCEL OF OAT[0 JUL 1A�942 YED BANDdRECOROEDWNCA: OR li, 1PA2 IN BOOR 1191 0► OFFICIAL RECORDS, AT PAGE 43') IMENCE w t"r SAID CENTER LINE AND RUNNING ALONG SAID SOUTHERLY LINE OF M! OFOIT IN THE SGjOAAY CRS• PARCEL! ►EAST' THENCEESOUTH ALONGGONEANLEPOFWTHE WESTERLYNL NESLIN1 OF SAID 5.97 AAC`RE PARCEL, too FEPAATET TOTO THENCE SAID DIVIOINGIN THE LIKE .LLIML, SAID LOTS 2 AND FEE $ 23A•Sa FEET TO M! POINT OF BEGINNING AND BEING A PORTION OF LOT 11, A SHOWN UPON NSTHAT CERTAIN MAMAMASNFILEDD, RECORD-14AP OF N THE OFFICHE E OffTHE ECOUNTY E A. WHICH MARCH 26, RECORDER OF THE COUNTY OF SANTA CLARA, SAT! Of CALIFORNIA, ON last IN VOLUME ^A^ Of MAPS, PAGE 37, AND BEING OESIGINTED ON THE MAP ACCOMPANYING PLAINTIFF, VSE' GIRLMORSTIN A T. DUNCANTETI AI. ACTION ENTITLED LDCOUNTY OAr $SBI; SUfIa IOR COURT OF THE STATE Of CALIFORNIA, IN AM FOR L COUNTY OF SANTA CLARA, AS LOT NUMBER I. OPERTY IN THE EXCEPTNG PR or WAY` WHICMIIRECO RECORDED APR IL 191,T 1966R I NLBOOK 73S2 PAGE 337[0 FIED CIAI M• RLCOROS, DESCRISEO AS FOLLOWS: BEGINNING I lNIIRIUREDWOOD lDf09 PARTITIOA HEREINAFTER COMMON CORNERTOOTSANG3OfTMUCAN REFERRED TO, ON TN[ CENTER `�`T ApMN ONHSASCOM AVLNUL, RVUNNING FORMERLY THENCE ALONG JOSE a LOS GATOS ROAD. SAID CENTERLINE, BEING ME WESTERLY LINE Of SAID LOT 2, NORTH 100-00 FEET TO THE POINT OF INTERSECTION TMERE^f Vr74 ON! Or THE SOUTHERLY LINES Of THAT CERTAIN 5.97 ACRE PARCEL OF L40 CONVEYED By EMILY C. JULYS1IN AN TOROLLMt- DAMPO IER,LT^F�).fy-CflD•, A;' PAGE A37JULY A, SANTA CLARA En COUNTY RECORDS) T4C:ICE LEAVING SAID CE'1711 L:.+[ AND RUNNING ALONG SAID SOUTHERLY LINE OF 5.97 ACRE PARCEL EAST, 73.00 FEET) THENCE PARALLEL TO SAID SAW JOSE S LOS GATOS ROAD, SOL"M 100.00 FEET TO A POINT IN THE LINE OIVID INS SAID LOTS 2 AMC 3 or THE DUNCAN PARTITION, THENCE ALONG SAID DIVIDiK LIN[, WEST 73.00 FEET TO TMC POINT Or BEGINNING AND OEING A PORTION OF LOT it, AS SHOWN U►ON TMAT CERTAIN MAP ENTITLED, "MAP OF THE SUBDIVISION or THE [STATE OF A. JOHMSON^, WHICH MA/ WAS FILED FOR OECD" IN THE OFFICE Or THE COUNTY RECORDER or THE COUNTY Of SANTA CLARA, STATE Of CALIFORNIA ON MARCH IS, 1S" IN VOLUME •A^ Or NAPS, FAG' 37 AM BLIM OBSIGMAT[D ON THE MAP ACCOMPANYING THE REFIRLI'S REPORT IN A ►ARTIT ION ACt10M ENTITLED, "WILLIAM F. DUNCAN PLAINTIFF, VS. THE fTATI O/WCALIIORMIA CT AL, NAND FOR, TNP,ASE 140- COUNTY iOFB MANTA CRIOR LARA ASIILOT F NUMBER 2. L ALSO IRCIPTING TN[RIfLOM: ANY PORTION THAT LIES WITHIN ME RIGHT Or WAY or SAN JOSS S LOS GATOS ROAD, AS SHOWN ON THE RECORD OF SURVEY FOR MSNT) 2. AN TT, FILED IN BOOR 71 OF MAPS At PAGE 14, SANTA CUM i t ' PARCEL TWO: J310m*1843 PORTION OF LOT 10, -MAP OF TH[ SUB013VISION OF THE CST4TE OF A. JOHISON", j RECORDED IN BOOK ^A^ OF MA►S, ►AG! 77, fANTA CLARA COUNTY RECORDS, AS !1 FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF TRACT NO. 975, SHADY DAL! SUBDIVISION, RECORDED MAP 6, 1151 IN BOOK 16 Of MAPS, PAGE 69, SANTA CLARA COUNTY RECORDS ON THE EAST LINE OF SOUTH BASCOM AVENUE (FORMERLY SAN JOSE-LOS GATOS ROAD), AS SAID [AST LINE OF SAID AVENUE WAS ESTABLISHED IN THE DEED TO COUNTY OF SANTA CLARA, R[COAO[D JUMP 21, IS62 IN BOOK 5 6tS OF OfFIC1AL RECOADS, PE •S1; THENCE ALONG SAID [AST LINE OF SOUT" BASCOM AVENUE S. 0121' 00" ! u.N FEET; THENCE NORTH AND PARALLEL TO TML SOUTH LINE OF SAID TRACT NO. 975. M. 191 19' 00^ [. 162.00 FEET TO TM! INTERSECTION THEREOF WITH TMt WEST LINE OF LOT 14, -TRACT NO. 1121, OPT CREEK RANCH-, RECORDED MARCH 26, 1957 IN 50M 76 0► "AIS, PAGE OA, SANTA CLARA COUNTY ACCORDS; THENCE ALONG SAID WEST LtN9 OF LOT 1�, N. 0. 21' 00^ W. $1.00 FLIT TO THE NORTHWEST CORNER TY%R_;F OF THE SOUTH LINE OF SAID ^TRACT NO. 975^1 TMEMCE WEFT ALONG SAID SOUTH LINE, 191 59, 00^ W. 162.00 FEET TO THE ►DIM OF 0lG tNNIMG. PARCEL THREE: BEGINNING AT THE SOUTHWEST CORNER OF 'TRACT MG. 975 SHADY DALE SUBDIVISION", RICOAD, D IN BOOK 16 OF MAPS' PAGE 49, SANTA CLARA COUNTY RECORDS, ON THE [AST LINE OF SOUTH BAfCd1 AV[NU[ FORMERLY SAN JOfE-lOS GATOS RCAO), AS SAID EAST LINE WAS ESTAGLI SHED IN DEED TO 1MI COUNTY OF SANTA CLARA, RECORDED IN BOOK 5611 OFFICIAL RECOIOS, PAGE 411; THENCE SOUTH 0. 21' EAST ALONG THE [AST LINE OF SOUTH BASCOM AVENUE, 0/ FEET TO THE TRUE ►DINT OF BEGINNING; T14ENCE FROM SAID POINT OF BEGINNING CONTINUING 5OUTM 01 211 LAST ALONG SAID EAST LINE 74.92 FELT TO A POINT ON THE SOUTH LINE a THAT CERTAIN FARCEL OF LAND DESCRIBED AS PARCEL NO. 1, CONVEYED TO RUSSELL N. RATE, IT LX, BY OECD RECOROTD MAY 1, 1962 IN BOOK 55,1 OFFICIAL RECORDS, PAGE 221; TMENCL ALONG THE SOUTH LINE OF SAID ►ARGIL 100. 1, FAMICEIMM SKIM RABR pawrwO m T"wR M aosom OOMIR NAAIB POOR lNwo1AMIIIC AROOAY NORTH NA 11' 0/^ LAST 111.90 EIT T9 THE NORTHWEST CORNEA OF PARCEL NO. 2, DISC R... O IN THE DEED TO SAT[ ABOVE R[FP.RREO T0; THENCE ALONG f1E WtfT LINE OF PARCEL N0. 2, ABOVE BEFEAR tO TO, SOUTH 11 211 00^ CAST, II.51 PELT TO THE SOUTHWEST CORNER THEREOF; THENCE MOAT" 191 191 00^ EAST ALONG THE SOUTH LINE 11.18 FELT TO THE SOUTHEAST CORNER THEREOP7 THRACE NORTH 01 211 00^ WEST ALONG THE EAST LINES OF SAID PARCELS 1 Alp 2, 11l.A! 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Yr.. r .Ir�I�rr�ew r r it ,rMnrt. t d.ri..IM!!� Nr r I.L�i r�1M Wive �: i rrYwt wMr.rl•Mtr 1\•*AIm .11r IrITMtl• v W r {Y.1 rd W rr C.rfJ � W orrir rdltr A•r11 2T. 19E6 Mrr1 f.Lrt r W rr rY Ctir1 � Ib wry.rr.gr.. RA'R OrS OF M O/ CMJ►OMNIA d L1r11 { A tLI. dr{_ .rW r..r . rwr r Mlr Its Mrrr ►N•. r W a rid C—V. Ir Yr. r r l �n..d r r WI. .! y�11MOMr�t� YY.r.W) ..Id....l r Yt W Mtr. 1M/ wnlM W. rrrrr4amd.^ wo-W WwR.Ma.L4 wrM r1 r.{r•lull wl MMr1 tr• r r Lrr Ora) Ift, IMY.-Wi— RNQUZW r FOR RRCONYZYANCR 1♦.1�YYrA��7f11/RC yp�rYrdyr�.�(TW� ..1r, 1��Wy Y rlr�.Y W r••{rwl. •W ��� �trrdr � rY ....yy��rr Or/ �� tLY { L.w Ir rY Y � rdr ILI. { r Y rrrr)..IW.t .rt..t1. Wrrr...W >w D•LD OI TRWWr AND ArOM A5W 0• ••Mf• .Y , $22 tLO AT w UIJ7[-AGROUND REOW000 MONUMENT WITH IRON CSNTQR SIT _ •ZR COMHok CORNER TO LJTS 2 AND 5 OF THE DUNCAN PARTITION He ,NASA! RIFLRRIO TO, ON THE CENTER LINE OF SOUTH BASCO14 AVINUL, NO �9S[ AND l03 GATOS ROAD, POWKRLY JOHNSON AVENUE, RUNNIM4 THENCE ALONB. GA to CENTER LINE, BEING THE WESTERLY LINE OP SAID LOT 2, rl,'RTH IOD FLIT TO THE POW OI INTERSECTION THEREOF, WITH ONE OF THE SOUTHERLY LEMES OF THAT CERTAIN 5.97 ACRE ►ARCEI OF LAND CONVEYED BY [MILT Q. DUNC•+' TO MOLLY M.. DAIMIER, ET UA, BY OLED OATIO JULY 14, 1942 AND RECORDED JULV 19, 19%2 IN BOOK 110i OF OFFICIAL RECORDS, AT PAGE 437, TMLNCL LLAv ILK fA_D CENTER lint AND MU"MING ALONG SAID SOUTHERLY LINE OP TH! OPGSAt .9 ACR! PARC[LASTHLNC[ESOUTH ALONG ONE OFANGLE XTHEXWe TIrma RLVHLINESLIN_ C/ fAtO SAY ACRE PARCEL, l60 FIE? TO A POINT IN T111 LENS DIVIDING SAID LOTS t AND $ OF THE pUNCAN ►ART ITION; TMLNC! ALONG SAID DIVIDING LINE, WES, 11, AS 254. 73 /!!T TO TNl PINT OF 6Q*INNI/1G AND Ap OF, r"g SSUUBDIVISIONOF LOF THE ESTAI, SHOWN UPON TXAT CERTAIN MAP EN ITLLO, OT OP A. Jo"KSON•, WHLCN MAP WAS FILLO FOR RECORD IN TMl OFFICE OF THE COunTY SANTA CLARRC A, STATE OF CALIFORNIA, ON MAw 24, RECORDER OF THE COUNTY OF test IN VOLUME "A" OF MA►S,. ►AG[ 37, AND BEING 0[SIGNATIO ON THE MA KCo1MANY LNG THE RL►IRRI'S KFORT IN A PARTITION ACTION LMYtT QO, ,,•Ail_•-•. P. BUNCAN PLA[HTtI'F, '12. "" =xL T. OUCCAM R AL, 0[F[NDANT' CAS! NC. 160%. SUKRtOR COURT OF THE STATE OF CALIFORNIA, IN AND Poe TM! COUNTY %AMA CLARA. At LOT N~X t. [RCIPTLMG TMEREPROM ALL THAT CERTAIN REAL PROPERTY 14 THE De" OF It".- Do WAY, W10011 SRDDPAPRIOWLiM L966 IN BOOK 7352 PAGE 337 OFFICIAL RECORD, OL2 I�DE EtGtNN[NG AT AN UNDERGROUND REOW000 MONUMSNT WITH IRON CENTER SLT PCt COMMA COTO, ONTTXI CENTERLt`3'S OFT SOUTHNBASCOM AVIT ENUE,HFORNHY• %SAN REFERRED O, FORMIRLY JOHNSON AVENUE,, RUNMLMG THENCE ALCNG JOSI t LOS IATOS ROAD, NORTH I4S.9C SAID CENTERLINE, BEING TXt WtSTlRLY LINE, OF SAID LOT 2, PELT TO THE POINT OF LXTERSECTION THEREOF WITH Op. OF THE SOUTMS%L• Lk 71lS OF THAT CERTAIa S•97 ACRE PARCEL OF LAND COXVIYlO !Y !Mil•!. pUNCAN TO MOLLY M. OAVP(ER, QT U%, BY DEED DATEO JULT lY, JULY IS, 1942 IN BOOK L101 OF OFFICIAL RECORDS, PAGE 417, SANTA CLARA COUNTY RECORDS; THENCE LEAVING SAID CENTER LINE AND RUNNING AL014G SAID SOUTHERLY LINE OF 5.97 ACR[ PARCEL FAST, 73.00 FEET; THENCE PARALLEL TO D IV ID K SAl1, LOTSS 2GAANOS3ROAD 0 DSOUTH THL DUNCANO.00 Feet PARTITION?OTN[NC[NAL IONGTHE SAID IMF OtVlO1NG LINE, WEST 73.00 FEET TO THE POINT OF BEGIWItnI AND BEING A PORIIOX Of LOT 11, AS SHOWN UPON THAT CERTAIN MA/ ENTITLED, "NAP OF THE SWMIVISIOM OF THE ESTATE OF A, JOHNSON", WHICH MA/ WAS FILED FOR RECORD IN "A OF/ICE OF TM[ COUNTY RECORDER OP THE, I:OUNTT OF SANTA CLARA, STATE, OF CALIFORNIA ON MARCH 26, ISE1 IN VOLUME •A" OF MAPS, PAGE )7 AIr BEING DESIGNATED ON THL MAP ACCOMPANYING µE REFIRIIE'S REPORT IN A ►ARTITION ACTION ENTITLED, •Wlll_IAM P. TWELNSTATE,OF CAL~1FORNLA, IN Me POET' TMIASE COUNTY OF SANTA CLARA A. Sell, SUPERIOR S LOTa "pow 2. ALSO IRCIPTIMG THIR[FROM: ANT ►ORTIOM THAT LIES WITHIN THE RIGHT OF WAY M LAN WOSL It LOS GATOS ROAD, At SHOWN ON THE RECORD OP SURVEY FOR BMRM !. AMIIOTI, FILLO IN OK RO75 or MOPS AT PAGE, 3►, SANTA CLARA, L'MOi RLCOMR. $23 P"Trom OF key- ID, -NAP OF Tow surAzlvlslcm OF TOM ESTATE OF A. 401LSope. SANTA BM A' Of NAK. PAU 31. CLAMA comrw means. I" MIDDINS AT Twe savyworsT Comes OF, rRACr me. %IS. SWIM "Ll 2 MAPS. PAR& 4.9. SMTA CLARA CO!UTIKill 'I .1S I *Iowa" maF S. 1952 in am 26 OF P crommaRLT Scla jae-LOS GA!ICS %QA2,. I EAST LINE OF S"Thk "SC** AHEM Ismall as THE am rg Ce)w.%ry OF As SAID Mt LINE Or SAID AWD" — EST SANTA CLARA RKOMM jue at. 1962 IN OM 3412 OF OFFICIAL RECORDS' PA" VWMC,'AL3%L SRI& EAST LINE Of SaUTM MASCUM AWMK S. do -21, ar- 9 Is. UMM N,,1M Mo PARALLEL To THE WUM LINE OF SAGOv%Acr NO. §-$. %.. I FEET; THTHEREOFWk- ?"t An- L ".4- 39. OD' E. 162-60 P Wr TO iNP LOT 1%. -TRACT NO. 11122. on CRIFA RARcle. DeCaRM PVACI* 26, ttir a, tEecowl rmV4C9 ALONG SAt2 'AV17 IS OF IMPS. p"j N. SANTA CLARA COWATT 1 Lila Or LOT 116. M. " it. so, V. 11.22 real TO T"a pa"IMMEST CQA*LU It SOMTh LINE OF SAI 12 TRACT NO. 17SI; TrAC%C2 WRST LINE, "' 39' 64' W- 162 . so Fay 10 THE fella or usimams. PARCEL TNRnZ SESIMIN, AT T_ — QQZ;.La ar 'TRACT 010. 975 S*AGT &ALI VMIVttt SECONDED, to SOOK 36 OF MAPS. PASE 169. SANTA CLARA COUKTT RECORDS. ON ?Me EAST LIKE OF SNOM SASCeN AVE"Iff (FOftq "T SAN JWt-LOS "ras aw). AS SAID EAST Like WAS ESTAMLISHM tk Ono To T"s CftftTV OF SANTA CLA&Ai. RECORDED tie OW. sale OFFICIAL RECORDS. PA" %'III ?KkCt SOUTH@* 2 CEW"T ALONG THE fAST a91MLong or SOUT" "SCOq A"Ma. It FEET TO THE ME POW 0ONLI MINCE POOR sake PaIRT 2F snowaims CUMMINS sour" I - Long rp 21. EAST MAN& SAID EAST LINE 14.92 FEET 10 A POINT m rw SORT% TMT CERTAIN PARCEL OF LOD OISCMIUO AS PANCEL NO. I. CoMe"D TO MMELL M. SATE. ET UZ. SV "a RECORDED 00111V M. ISGS IN DONE S597 4FFtCM WOODS. PAS[ 228S THOKII ALONG INC SWIM LING OF SAID FARM NO. k- NkNTm at- 31- 1111- CAST III." FEET TO THE KORT"MRST COINED OF P:ru CeSCRISE, In yft NEED, To DATE AGWC agrIENNIS Tel WOOER AL OWTH I- 2k I W Ilke WEST LAKE OF FARM NO- I- AMDVC *g -MED T@' EAST. 37.51 FEET To "a saw?"UnT coaxam Immar, mcovw so- IS- 60' CAST ALONE THE SO"T" LINE It"s Fat' To "M SENT"E"? CORNER TNEREQF; Tl"C NORTH 1. 11. be- NEST ALOM 1161 CAST LOOKS OF SAID PARCELS I AND 2. 112 -%1 FEET& TAME LGAVINS Vole CAST LINE OF SAID FARM NO. 1. som as- is- so- WEST 142.0 FEET To Im mm POINT OF maimims. rPR.,.-PARE, FOR. oos es AE.I -L.nL 1 ITI.E I;OMPANY R(=.C7UES7F0 8V= »> PTii7YFIYTY INFORMATION <<<: OWNER NAME PATE (ft1SRF.1.I M AND MARY I SITUS ADDRESS CAMPDF.I.L 9'-00:-1 MAILING ADURf SS 13699 ';l:Rf:HII l S DR; CA _ LEGAL OESC. PARCF! NUMBER 288-06-007 SPUARF FEET ZONING, CN LOT SIZE USE CODF 69 10T �;QI T OWNERSHIP TYPF BEDROOMS CITY CODE; CA DAlHST (17 + H) YEAR BUILT TOTAL ROOMS F,m NONE. I IN T l S FEAT(IRFS PAGE ) REP' 95070 >>> SALFS INFORMATION <<< LAST SA.E GATE 00/00/79 LENDER ---'---- S&F- PMET: IRT TRUR1 DFED DOC. A / TYPE 6412924 OTHER LOANS PRICE PER SO. FT. _ ----- >>> TAX INFORMATION <<< FXFMPIION NONE ANNUAL TAX $3.28%.98 - - IMPROVEMENT VALUE $144,276 (MPRI)VT'..IF.NT VALUE % 57% LAND VALUE t1OS.019 )AX RATF AREA f008R TOTAL ASSESSED VALUE $249,291 - TF1E 1NFL�R"AIION pROVIDFII IS IN EMLD REI IARI.F, PUT IS NOl ULIARANTE.ED COPYR f 6liT TRW 19A6 ^ PAUE 1 I 03/1S/88 ALL-..,. 111LC COMPANY REQUESP�:D BY: PREPARED FORT RFP: SC _ _ - ----------- APNI 7R8-06-001- _--'<TTUS:--Cf:MPF:LLL 9`i008 ZNI CN OWNERI HINDS FRANK L AND CAROL A LEGAL= 95120 USE: 57 XMTs N MAILS 19730 GRAYSTONI LN;SAN JOSE: CA 11SSESSO: $336,936 IMPRI 59% SALE! 06/1�3/86 f'01,000F fOS: 9605 NI -Ts 68 RMSII•D R1H TOT UNITS': 2 IOTSQFls 16200 SQFT: ------------------------- APN: 288-06-004, SITUI+: 2220 4 BASCQM AV CAMF'BFLL 95008 OWNERI TURK DODULAS R & EVIE L ET LEGAI_s LAO* •JOHNSON SURD / ZNs CN USES 01 XMis N 9�,1 £: MAILS 1264 S BASCOM AVF';SAN JOc_•E CA SALES 49 RM :0 $35SIM JAI TDSa i215,000 ASS6SSDI $350,000 IMPR: 5% BLT- 49 HMS:BU 3 PIH 1+1 TOT % UNITS: L..OTSQI=T: I11.214 SQFTI-_---1868 APN: 288-06-015 STIUG: 1100 SHADY DF,LF AV CAMPBFLL 95008 ZNs R1 OWNERS DOETSCH RALPH P & LORRAItE LEGAL: USE: O1 XMT: H MAIL: 1100 SHADY UA1-F AVF.;CAMPBI:I.I. CA 9,008 SALT=: 09/23/06 f179,500F'TDSs $138,700 ASSr..SSD: 4214.235 IMPR: 60% ti8 RMSIDD 4 NTH 10T 8 UNJISI I.OTSOFI: 10001 SOFT:---_ 2137 NLT: 3 c c APNI 288-06•-028 SITUSS 1211 HENT DR CAMF'BFLL 95008 ZNs RS DWNFRa CORDOVA CHARLES E. LEGAIA MAI1s 12.11 BFN1 DR)VFSCAMPRELL CA 95008 USE: 01 XMT- H SALE: 03/19/87 f244,000F TDSI f2t9,600 ASSF.SSOS $200,036 IMPRII 57% 2118 BLl: 56 RMS:BII 3 BTH S' TOT 8 UNI1S: LOISOFTs -- 8015 SQFT- ---- ----- ---------------'------ --------'....-.-_.-.-----'---------- AF'NI 298-06-036 SI'1s;S: 1097 BENI IIR CAMPBFL.L 9`�000 ZN- R1 OWNER- OUNZALES CHARLFS & PATRICI I-EOALs 915008 USE: 01 XM"fa H MAILS 1097 817N1 DR;CAMPBFLI CA SALE: 11/13/87 f2:31,000F TDS: 420G,'.iOU ASSSOFT: f187.680 IMPR- 591 14030 BIT: 58 RMSIRD 3 BTH 2+1 TOT 6 UNITS: LUI------------ SQFT------1691 APNI 288-06-041 SITUS- 2ti9 MONETA WY CAMPBEIL 95008 ZN- R1 OWNER- REBER STEVtN AND DEBRA I.F-OALs 1-16 TR1B28 / MAIL: 259 MONETA WY;CAMPBFI.I_ CA 95008 USE: 01 XMT- H :ALE: O5/22/87 f223.000F TDS $17:3,400 ASSKSSD: $164,486 IMPRI 148% 8040 762 PI T: 59 RmSsRD 3 PI 2+1 TU1 6 LINT'ISI L.OISQF1: -------------------- APHs 268-06-O44SIfUSI 297 MONETA WY CAMPBELL 95008 ZNI R1 OWNERI ELLIS DAVID AND CAROL a„AI-I NA11.I 297 MOP1FlA WA*264,000F CA 95006 lFSEs O1 XMTs H SALCI 01/19/88 f264,000F IDS: f1y4,8C10 ASSESSDI $189,965 IMPRI 56% BLI1 63 ItMS%PD 4 DTH 741 TOT 8 UNII�;l 101SQF7s --9104 SWFT_-___ 2028 ___ ____ AP91s 288-07-Ot7----_--_SIlUBs 1072 FL SOLYO V L'AMPSELL 95008 ZNI R1 DERIERI LEE MICHAEL LEOALa MAIT I 1072 Ll SOLYO AVF:C:AKPT4FLL CIA 95008 U:O1 XMT- N SALFI 11/13/87 $210,00t1F 7DSa f5A.U00 ASSESSI)s $166.626 IMPR- 59Y. HLT1 49 RMSINII 2 B1H 1+1 701 5 UNI1:ia IOTSQFI:--__10950 SQFTs--___1487 AF'NI 288-07-02!; _-____-STTUSI 1180 FL SOLYO AV CAMPBELL 9b008 ZNs Rl fJENIERI CATANZAR0 STEPIiN AND FLIZ LEOAI - ��008 USES 01 XMTl 14 MAI-Li 1180 EL t.Ol YO AVFCAMF'RFLI C.P. SALES 07/11/86 9120.00OF TDSs 11"-1000 ASSESSOI $120,000 IMPRI 61% 14_I1 41. RMSIPU 2 DTH I TO1 ^. UNIISs LCIISOFT: 8712 SQFT: 88' s8E'ARCM COMPLETL WITHIN L.IM11. 92 RCCORDS KAD; RFCOkEIS RETURWEis 9 NEXT SIFARCH AT 28AO7016 Itt INTOI:MAIIr..J PROVITIED TS r*lMf0 RLIlAR1E, PUT IS NOT GUARANIFED C.IIPYR1Cil1T TRW 19H6 E RECEIPT CITY OF CAMPBL ' CAMPBELL. CALIFORNIA NAME ADDRESS FOR - O 3 REVENUE ACCOUNT NO. FUND NUMBER (ti/ CHECK MONEY ORDER CASH DATE A.WNT T mmE(VY .. M111c"m IUY-2 fit'' �.Ut� 'ii' %'�J•�� VAImEB AND EPAY-i8F tuna w."N. _ n -- YMwY Yw CITY OF CAMPBELL CMZEN COPY J i 1I T0: CITY CLERK PLEASE COLLECT AND RECEIPT FOR THE FOLLOWING MONIES to-. PLANNING FILE :�O- : U(7 ADDRESS: -Z-,--1 '7'`'�"' AMOUNT ITEM GENERAL PLAN ANF.NDMENT $1,150.00 0-1 acres 1,500.00 1-5 acres 2,300.00 5+ acres ZONE CHANGE 1,040.00 0-1 acres 1,150.00 1-5 acres 1,730.00 5+ acres 475.00 TEXT AMENDMENT PLANNED DEVELOPTENT PERMIT 1,150.00 0-2 acres 1,500.00 2-5 acres 1,730.00 5+ acres (Modifications of Approval) 290.00 175.00 (Revised Development Schedule) USE PERMIT Garage Conversions, Occupancy Requirement w/o Development Plans, Liquor Licenses, Secondary 400.00 Dwelling Units, Interim Zone l 1,150.00 All Other Use Permits cr Amendments) 150.00 (Modifications ARCHITECTURAL APPROVAL 575.00 0-10,000 s.f. of construction 875.00 10,000-75,000 s.f. of construction 1,150.00 75,000+ s.f. of construction associated w/ project 575.00 If no construction (Modifications) 150.00 85.00 (Extensions of Approval) 10..00 Single Family VARIANCES 300.00 Single Family Residence 400.00 All Others SIGN ^gRMITS permits - Minimum of $50 or 1% of estimated 50.00 valuation Penalty for not securing a permit 50.00 100.00— ENVIRONMENTAL REVIEW - Account #3371 OTHER Maps - $5.00; General Plan Text - $5.00; Zoning Ordinance - $12.00; Copies - $1.00/page Refundable Deposit - Account #3521 TOTAL = PHONE RUM ZIP FOR HE`[ III!`! N0. CITY CLERK AMOUNT PAID ONLY RECEIVED BY DATE-4�-- 9-t f, •i MPT CITY OF CAMPBELL 2200 S. BASCOM AVE. UP 88-03 5 of 6 CITY OF CAMPBELL 2200 S. BASCOM AVE. UP 88-03 6 of 6