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UP 89-23CITY OF CAMPBELL 1707 S. BASCOM AVE. UP 89-23 1144-1" APPLICANT: Ballroom Dance, Inc. 2047 Commonore Dr. San Jose, CA 95133 995-3414 PROPERTY Phillip Boyce OWNER: c/o Coates 6 Sowards 1725 S. Bascom Ave. Campbell, CA 95008 371-8770 ITEM NO. 15 STAFF REPORT - PLANNING COMMISSION MEETING OF NOVEMBER 14, 1939 UP 89-23 Public Hearing to consider the application of Mr. Jack, P. Paul Jack, on behalf of Ballroom Dance, Inc., for approval of a Use Permit to allow a ballroom dance studio at 1725 Sout'a Bascom Avenue, in a C-2-S (General Commercial) Zoning District. STAFF RECOMMEN'3ATION That the Planning Commission ADOPT a RESOLUTION, incorporating the attac�ed findings, approving this application subject to the attached conditions. DISCUSSION Background: The existing development on this site was approved by the Planning Commission in 1977, when plans were approved tc allow construction of two new commercial buildings and to remodel two existing commercial buildings. The total building area currently developed is 50,400 square feet. Parking for the development consists of 255 spaces, which is two more than the current ordinance requirement. Current Request: The applicant is proposing to use approximately 3,400 square feet of floor area in one of the existing buildings to operate a ballroom dance !school. Attached for the Commission's review are Exhibits A and B, which Illustrates the location of the proposed use and the proposed floor plan within the building. Also attached is a statement from the applicant describing the operation. Staff Recommendation: The staff recommendation for approval of this application is based upon the following considerations: 1. The property is zoned C-2-S (General Commercial) and Section 21.24.030 of the Campbell Municipal Code permits a "dancehall" in the C-2-S District, subject to approval of a Use Permit. 2. The proposed location of the dance studio is toward the rear of the project, away from Bascom Avenue. At the present time the proposed dance studio is not in an area that is likely to be in demand for retail commercial uses. This situation may change in the future with the completion of Creekside Way, and subsequent exposure of the westerly side of the existing development to a public street (freekside Way). 3. The parking available to this use is sufficient for the use being proposed. The day time classes will require minimal parking (15-20 persons) and the evening parking demand will occur when other office uses in the development are closed. a rt c Attachments: 1. Findings 2. Conditions of Approval 3. Letter from Applicant, dated October 11, 1989 4. Location Map Submitted By: Phil afford P ncip 1 Planner Approved By: teve Piasec i, Manning Director FINDINGS FOR FILE NO. UP 89-23 APPLICANT: PAUL JACK SITE ADDRESS: 1707 SOUTH BASCOM AVENUE PC KTG: 11/14!89 1. Health/Safety: 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, or be detrimental or injurious to ptcperty and improvements in the neighborhood or to the general welfare of the City. 2. Traffic: The proposed site is adequately sarved by streets of sufficient capacity to carry the kind and quantity of traffic such use would generate. .,. Compatibility: The proposed use is compatible with the uses in the area. 4. Ccmpatibility: The use is in harmony with the various elements or objectives of the City's General Plan. CONDITIONS OF APPROVAL - FILE 11 UP 89-23 SITE ADDRESS: 1707 SOUTH BASCOM AVENUE APPLICANT: PAUL JACK PC MTG DATE: 11/14/89 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. Building Division: 1. Rest Room may be at the end of a 20 foot dead end corridor. Show length of corridor center of door to door. Correct with additional door in the small ballroom if necessary. Provide panic hardware on doors and illuminated exit lights. Fire Department: 2. Appl.cation shall co.nply with all A-3 occupancy requiremen— ,t rt STANDARD DEVELOPMENT SCHEDULE FILE NO. UP 89-23 APPLICANT: PAUL JACK SITE ADDRESS: 1707 S. RASCOM AVENUE 1. Construction to begin within one year of final approval. Z. Construction to be completed within one year of starting date. NOTE: Above Development Schedule is a standard used by the Planning Department when applicant has not submitted a schedule for his project. October 11, 1989 'Ib whom it may concern: We would like to provide you with information on Ballroom Dame, Inc. Ballroom Dance, Inc. is a ballroom dance school providing individual lessons between 10:00 a.m. - 6:00 p.m. Malay - Friday and group and individual lessons between the hours of 6:00 p.m. - 10:00 p.m. Monday - Friday. During the hours of 10:00 a.m. - 6:00 p.m., the maxim= occ.npancy will be approximately 15 persons, from 6:00 p.m. - 10-00 p.m. the maxim= will be approximately 25 persons with only one night class per week approximately 40-50 persons. Therm in no m6king or alcoholic beverages allowed on the premises. We are loddM forward to becaatng a part of the business ocmmity of Campbell. Simorely, Pail jW* ram.. s4 4t _ Ilwr :90 1715 1701 W ` o 1707 i m -I�_--- 0 naruvrou :.vE Q .'1 I 1 225 Entranc.� E.,I r nig Q1A P151 Wv Fulcra Campisl Way Extension -A lljaasal FfPPraIAV F'ril Name Ir RESOLUTION NO. 2642 PLANNING COMMISSION 4 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A USE PERMIT ALLOWING THE A BALLROOM DANCE STUDIO ON PROPERTY KNOWN AS 1707 SOUTH BASCOM AVENUE (APPLICATION OF MR. PAL^.. JACK, UP 89-23). After notification and public hearing as specified by law on the application of Mr. Paul Jack for a Use Permit to allow a ballroom dance studio on property known as 1707 South Bascom Avenue, in a C-2-S (General Commercial) Zoning District, as per the application filed in the Planning Department on October 11, 1989; 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. Health/Safety: 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, or be detrimental or injurious to property and improve..._nts in the neighborhood or to the general welfare of the City. 2. Traffic: The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such use would generate. 3. Compatibility: The proposed use is compatible with the uses in the area. 4. Compatibility: The use is in harmony with the various elements or 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. Rest Room may be at the end of a 20 foot dead end corridor. Show length of corridor center of door to door. Correct with additional door in the small ballroom if necessary. Provide panic hardware on doors and illuminated exit lights. 2. Application, shall comply with all A-3 occupancy requirements. 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 14 day of November 1989, by the following roll cal vote: AYES: Commissioners: Christ, Meyer, Perrine, Alne, Wilkinson, Olszewski NOES: Commissioners: None ABSENT: Commissioners: Fox APPROVED: Bruce J. Olszewski _ Chairman ATTEST: _ Steve Piasecki Secret}ry IIWV 280 7 i O u a HAMILTOH AVE. I r EnIlA^c.• Inq RIAI ��'Mi151 W, EM.AM u Future Campial Way Extension end U— Craawav Exit Ramo -- — -- r-- ,� tk: 14 STANDARD DEVELOPMENT SCREDULE�. FILE NO. UP 89-23 APPLICANT: PAUL JACK SITE ADDRESS: 1707 S. WcOM AVENUE 1. Construction to begin within one year of final approval. 2. Construction to be completed within one year of starting date. NOTE, Above Development Schedule is a standard used by the Planning Department when applicant has not submitted a schedule for his project. li PLANNING COMMISSION MINUTES OF NOVEMBE2 14. 1989 1S. W W23 Public Hearing to consider the application of Mr. Jack, P. Paul Jack, on behalf of Ballroom Dance, Inc., for approval of a Use Permit to allow a ballroom dance studio at 1707 South Bascaa Avenue, in a C.-?-S (General Commercial) Zoning District. Chairperson Olssewskf read the Application into the record. Director Piasecki presented the Staff Report, dated November 14, 1989, noting that Staff is reeding approval. Chairperson Olsaewski opened the Public Hearing on UP 89-23. Commissioner Alne asked how the lessons will be arranged relative to payment for such. Mr. Paul Jack, the Applicant, addressed the Cmmissfon responding to Commissioner Alm's question. He stated that the studio does have an agreement mad that State Law provides a Maus amount far lifetime memberships, and, that it is set at $3,750, further, that these agreements are cancellable under State Law. Additionally, Mr. Jack informed the Commission of a possible name change. MIS: Alne, Meyer Motion to close the public hearing on UP 89-23 unanimously carried, 6-0-1, Commissioner Fox being absent. M/S: Meyer, Christ Motion to adopt Resolution No. 2642, incorporating the attached findings, approving this application, subject to the conditions, carried with the following roll call vote: AYES: Commissioners: Christ, Meyer, Perrin, Alne, Wilkinson, Olssewski IDES: Commissioners: None ABSENT: Commissioners: Fox : • t CMatteora Na l A W T ! e ! March 19, 1990 Mr. William R. Seligmann Attorney at Iaw Cupertino Town Center 20370 Town Center Lane, 1245 Cupertino, CA 95014 Dear Bill: CITY CIF CAMP9ELL PV,NNINO DEPARTMENT Re: City of Campbell v. Boyce, et al. I did receive on Friday your letter and enclo- sures of March 14, 1990. I am reviewing with my client the detail of the Stipulated Judgment, but 1 wanted to make the following preliminary comments. First, the amount of settlement is $387,500 as confirmed in your letter of December 22, 1989, not the sum of $378,500 stated in Paragraph 2. I believe that the digits simply got transposed on typing. Second, I am not certain of the current interest rate as maintained by CalTrans. Your letter of January 17, 199G, states the rate of 8.336%, which is the number I set fortn in the letter of July 17, 1989. Under CCP Section 1268.350, the rate of interest for each six-month period (January 1 - June 30, and July '. - December 31) is calculated by the Controller as the rate of earnings of" the Surplus Money Investment Fund for each six-month period. Further, it is important to note that CCP Section 1268.360 provides for the compounding of interest for six- month periods. Thus, simple interest from December 1, 1988, as provided in Paragraph 2(a), is not correct. Third, the payment of the additional sum of $16,200, as stated in Paragraph 2(a), is not correct, as indicated above. K,"Cm 174" T,chn LV D surf[ 751, S—j— CA 9%110 408 M 1.7&V FAX 4,* 44I.7302 Nw+,.m E \7o,ur,ru AH- R4— 71 MmRmn Eckn Nana P,v M cocln LeA, R UW, Mr. William R. Seligmann March 19, 1990 Page Two Fourth, it would be preferable that the City withdraws all money from the State Treasurer's Office, including any interest to which it is entitled, and then pay directly to the Defendant the total judgment together with interest. The way I read the proposed judgment Plaintiff will deposit additional monies, including interest, and then the Defendants will have to withdraw the money from the State Condemnation Deposit Fund. Since ,.he City of Campbell has to withdraw its own funds, I would think the City would simply state the case has been settled and ask tr, withdraw all monies and then make the payment directly. Fifth, is the City not in a position to grant the ingress and egress easement now instead of waiting for the development agreement? In any event, I believe we should have some exhibit defining the ingress and t•gress now instead of awaiting a development agreement. Finally, we incurred costs in the amount of $378 for the appearance of all Defendants, and those costs should be reimbursed through this judgment. Ver truly ours, NORMAN E. TTEONI NEM:md cc: Mr. Phil Boyce / �'r LAN OFFR'ES OF DEMPSTER, MCDONALD & SELIGMANN AN AR.`3 1ATION' OF ATTORNEYS �Cl'I'ERTINO, CAL[F()RNi� BSOI�e March 14, 1990 Mr. Norm Matteoni 1740 Technology Drive, Suite 250 San Jose, CA 95110 RE: Campbell vs. Boyce et a]. Dear Norm: I have enclosed a proposed Stipulation for settlement of the above -referenced ,natter., and a copy of a Judgment to be enter thereon. If the stipulation meets with your satisfaction, please executed it and return it to my office in the enclosed self-addressed envelope. Otherwise, if you have any suggested changes, please let me know. In any event, I am pleased that we were able to reach an amicable resolution in this case, and I look forward to hearing from you soon. Sincerely, WILLIAM R. SELIGMANN City Attorney of Campbell CITY OF CAMPBELL PLANNING DEPARTMENT WRS:tq LAw orrlc tl or DEMPB'TER. MCDONALD & SEICIAGMANN ''��/�����I\))) AN A880TION Or ATTORNBYtl Ir "' n P/7 LN NPpC1'1NO '1'(1wN RNTRR l I' RDeeO TowN RNTRR uNR - RV,TR ele CVTCRTINC. CAIZ ORNIA OW14 Beall, �R U • x ueo roe.e.ee C� e1RRf10lY O. elcooNAln • R RpJOWNN C� INRJ°[M[;'; mew+'IPee`L MON IORYR G WDe■p elR�� DAMQ. R. OOwANe"-'FI��.� April 27, 1990 Norm Matteoni 1740 Technology Drive, Suite 250 San Jose, CA 95110 RE: Campbell vs Boyce et al Dear Norm: In response to your comments, I have revised and corrected the stipulation in the above -referenced matter to show the correct settlement amount, and to provide for withdrawal of the compensation by the City for tender to your client. With regard to the interest on the $25,200.90 to be paid directly out of the City's funds, I have removed the reference to simple interest in keeping with the Code of Civil Procedure's admonition that the interest should be compounded bi- annually. However, for the sake of certainty, I have left the interest rate on the $25,200.00 portion of the settlement at 8.336%, which is consistent with my letter of January 17, 1990, and is the only rate to which the City Council has authorized me to agree. Naturally, however, you will still be receiving the current rate of interest on the funds held by the State. In a similar vein, as we have discussed, since this stipulated judgment is in the nature of a settlement, it appears reasonable that each side should bear its own costs and attorney's fees. Furthermore, the City has no interest in renegotiating its position with regard to the directional sign, and would not be willing to allow an off -site sign in the easement area, unless your clients are willing to take the title to that property. Finally, with regard to the easement, under the terms of our agreement with New West Bank, the City does not acquire title to the property until it transfers the remanent portion of the condemned property to the bank. Consequently, the City cannot transfer this easement to your client until after we obtain our order of final condemnation. However, as a practical matter, I would point out that the necessary improvements have already been installed, and are available for your clients to use. y Lww Or cee or DLYPOTIR, MCDONw1.D & SLLiGm^NN Letter to Mr. Matteoni April 27, 1990 Page two Assuming that the present version of the stipulation is satisfactory, I would ask that you please execute it and return it to my office in the enclosed self-addressed envelope. Upon obtaining judgement in this matter, I will transmit a conformed copy to your office. If you have any questions, with regard to this matter, please do not hesitate to contact my office. Sincerely, WILLIAM R. SELIGMANN City Attorney of Campbell MRS:tq I 11FFICE OF DEMPSTER, McL)ONAI.D g JEMGMANN AN A-M'IATIO:. OF ATTORNEYS , TONS --1 ER uws_. Monk ne rx1Y'PFRTINO CAI.IFYIRNIA -14 or rsva ul rwx rou eaax>ta• oRmoRT D Y.-now �OLAY R RICLIOYA JCRRPR C' RAISiRI Mr. Norman Hulberg Gilbeau - Hulberg 1520 Parkmore Avenue San Jose, California 95128 1 V J ROBERT DiYPJ- RO!� DA�Ir1 R CON A'�. �RILT.� October 31, 1989 RE: City of Campbell vs. Boyce et al Dear Norm: I have enclosed a letter from Mr. Nor- Matteoni together with property sales information which they have submitted in support of their settlement position. At the present time, they are claiming that the property in the above - referenced matter would support a price of $27.00 per square foot, and they are willing to settle for approximately for $25.00 per square foot. I would appreciate it if you would review the enclosed sale information, and advised me by telephone on its applicability to the property at issue. If you have any questions, please do not hesitate tc contact my office. Sincerely, tiILLIAM R. SELIGMANN City Attorney of Campbell R CROle E P was:tq 9 NOV 02M9 OITy Or CAMPB[LL PLANNING OVAIRM(N7 • Ww OFFJvF-1 OF I-)EMP TER, AICDONALD g SELIGMAN% - A\ A24 -IATTON OF AYMR—Yti - fR'!•lieTlF',. T�w � (•lF TIb �� ..�0 TOM'\ [•RI�T6b E.w. _ ! tl! t Cl'1`C i.TI\ll. Cn1.1F(1R�lA 99014 pRpN1.Tl D. YaIg1wLU FOb6RT U6MIT+TF.F J116RFR ` Rwi`ftRi !10\ UA�9LL R. fUMwFF —T. October 31, 1989 Mr. Steve Goldfarb Ms. Lynn Hutchins GOLDFARB i LIPMAN One Montgomery Street West Tower - 23rd Floor San Francisco, California 94104 Re: City of Campbell vs. Boyce et al. Dear Steve and Lynn: I have enclosed a copy of a letter which I recently recei,!e9 from Norm Matteoni, together with the sales data that they are using in support of their present position. At the present time, they are holding out for roughly $25.00 pe: square foot, while we are at roughly $24.00 per square foot. I would appreciate it if you would review the enclosed information and call me with your observation. I look forward to hearing from you in the near future. sincerely, WILLIAM R. SELIGMANN City Attorney of Campbell NRS:tq . n LAN' OFFICE! OF DEMPSTER, MCDONALD & SELIGDIANN AN A'-. IAT•`.O\ OF AT O.NEY- ('AUF(F- PSlll� LAE NOR�yis..+na:l O�WORY D YCDO`�A _ �.-ly,llAy p �L[JONwv� ENT UCY JOpCPH ('. pwff.'Ll[I H(�N UA\ILL p (TIw AN -A A!.R _ October 31, 1989 Mr. Sanford Diller PROMETHEUS DEVELOPMENT CO. 2600 Campus Drive - Suite 200 San Mateo, California 94403-2524 Re: Campbell vs. Boyce et al. Dear Sanford: I have enclosed a copy of a letter from Norm Matteoni, together with the sales data upon which they are basing their issue. I request for $25.00 per square foot for the property aLaisers, as have transmitted copies of this information to our app well as to Steve Goldfarb, and I will be in touch with you concerning t. s matter as soon as I have bad their input. In the mean time, if you have any questions, please do not hesitate to contact my office. Sincerely, WILLIAM R. SELIGMANN City Attorney of Campbell I)F:�iPSTEFi, �Il'Ikl\A1.11 A �E1.11:1.1:1�� AN A. H'1ATpp nY ATT..3: S11\'-1 ('AI.—IN.w'1.1 0M11a iw\�m• x�vwv� (3R43x,N1 1 N.M.\ALIT ' � w'14LIA1f N NF.1.1.:11.1�� Hl IIl.�.11wTI.H JMEVH C RAI�CNI H,� .1 \II3.1 F .•rN w �!` Hl.T December 27, 1989 Mr. Steve Goldfarb Ms. Lynn Hutchins GOLDFARB i LIPMAN One Montgomery Street West Tower - 23rd Floor San Francisco, California 94104 RE: City of Campbell vs. Boyce et al Dear Steve and Lynn: I have enclosed a copy of the Notice of Status Conference which I have received for the above -referenced matter. As of the present date, I have not heard back from Mr. Matteoni regarding our acceptance of their last settlement position. Hopefully, I will receive a respondence in the next few days. Otherwise, please contact my office so that we can discuss arrangements for proceeding toward trial. WRS l tq cc Bill Helms Don Wimberely Steve Piseecki Kevin Duggan Sincerely, WILLIAM R. SELIGMANN City Attorney of Campbell Q~LANNOa [PAp74" 1 • LAK OFFICE, OF I)EMPSTER. :.iClhl\AI.It A `FLIG\IANN' A\ A: �l H'1.1-1\ OF AT9'Ott\FY C l'I'EItT1�O, CA LIFOIt\IA H.•.UI♦ rx.• Y!4I llr P�� ��M• YS...v..� December 22, 1989 Mr. Sanford Diller PROMETHEUS DEVELOPMENT CO. 2600 Campus Drive - Suite 200 San Mateo, California 94403-2524 RE: City of Campbell vs. Boyce et al Dear Sanford: This letter will confirm our telephone conversation of December 21, 1989, in which you concurred in settling the above - referenced matter for the Defendants' last offered of $387,500.00. Given this direction, I will attempt to resolve this matter in an expeditious fashion. I have also enclosed a copy of my last correspondence from Mr. Matteoni's office, which sets forth four collateral issue of concern to the Defendants. The City is currently investigating these matters, with an eye toward resolving them at part of the settlement. Your cooperation in this matter has been greatly appreciated; and should you have any questions, please do not hesitate to contact my office. Sincerely, WILLIAM R. SELIGMANN City of Campbell IVQ 11. ,IFFII't:. IIF IIENIPSTER. NIcIRi5A1.11 & SELIGMA\\ AN AAvw'IATIII\ OF ATT.IH\F:l'N 'I•ENTI:.I• TTIM'\ I'E�'TEN • ('r'i•FNTl%O, I-ALIFI-Ml IA 1111114 - 101 December 22, 1989 Mr. Steve Goldfarb Ms. Lynn Hutchins GOLDFARB i LIPMAN One Montgomery Street West Tower - 23rd Floor San Francisco, Caiifornia 94104 RE: City of Campbell. vs. Boyce et al Dear Steve and Lynn: I have en_losed a letter from Norm Matteoni and an at - issue memorandum which has been filed by his office. This turn of event followed !rom Mr. Diner's direction to reject the defendant's settlement figure of $387,500.00. Fortunately, as of December 21, 1989, Mr. Diller has revised his position, and authorized me to settle this matter for the Defendants' last offer. Hopefully, I will now be able to resolve this matter in the next couple of weeks. If not, however, we will need to discuss preparation for trial. In thcs meantime, if you have any questions, please let me know. Sincerely, WILLIAM R. SELIGMANN - Ity Attorney of Campbell u 0 WRS : tq cc Kevin Duggan Don Wimberely Bill Helms Steve Plasecki �f Lww t,r'r x'F< ur DF.MPSTEP.. NICINUNALII A, SEIAGMA\N AN ARNt N'IAT3— .IY AT111W.11— I'1't`f.RT1�I� TIIu� t'f. �TF.N IIQ1M1 '1'I IM'N t'C�Tf:E L 1 C'l'r`ENTI\(, CAI.t-IN NIA NS(II• Y^.1 NOM fU M�� NPEaa.IR l' A �niJ• t M't�W w)(N REL11:N �� NFR RItY'rlfw NN N l .1•N Rnl �'ENIn Nt�� lln �tA I � E't• December 22, 1989 Mr. Morn Matteoni 852 North First Street, 3rd Floor San Jose, CA 95112 RE: City of Campbell vs. Boyce et al Dear Norm: This letter will confirm the message which I left with your secretary on December 22, 1989, in which I accepted your offered of $387,500.00 in settlement of the land valuation in the above -referenced matter. I would appreciate it if you would contact my office at your earliest convenience to discuss the procedure for implementing our settlement. Your cooperation .n this matter has been greatly appreciated; and I look forward to hearing from your soon. Sincerely, WILLIAM R. SELIGMANN City Attorney of Campbell ACV .,J OfTy OF' CAMPBEu, Pr- N 00-A.11tM WRS:tq PROOF OF PUBLICATIPPN I ill1015C IflC1'Curp Xctuc. Lily 4eamptell 750 RIDDER PARK DRIVE SAN JOSE, CALIFORNIA 95190 NOT= OF HEAnMa RECEIVED rrr Frwti .a .r Iww d )70 ►w. w IIiw.0. M Io�.. NOV 1 .1989 A) & r .wrr. M fan." /AW ��� IN THE CITY CLERK'S OFFICE HMe M. axror.mr�+�a� Aft* G.wow. r I.�ws boo a m w Iblsr ta.6" . b w. WIM nr4 ��iaL ' CITY OF CAMPBELL Fwr)ll..wlr O.r.11 STATE OF CALIFORNIA 1 : Arlc I b mom, .. 01PPI.r. lru,niw:w i COUNTY OF SANTA CLARA„�,F Iw. r~r .0llen b . rrrP Ci• y of CenoDell..».........__..»..__._......._.»..... 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Y . w P•Y••b �aP) ••• Pww� in0 PYniO w ) PWk ..wwP b o/.wbw r a Ir. Oq. +17www. 1 i .rrl..r r M wrY w..�Fw r+: aw�r m w* . FOmFwryo b+rw+11.100 al robe " November 8, 1989 ,wby �,A airML �+,....-^�-'--••^•^••••»• ...»....._................................................................. •IUp PAIArw� to srbw .rAP.r.s. a .b M.wPob •rwrb M ........................................................................ a • ya rw.ls. rrr w ..._.»»..... _..... ».............................................................................. Pra wa.�owrr�r. r/ uFFMwa r.rw caewr. h 01.1P r ♦o in& ad w.r owPwA I .wmw Pwlrw wr aln/ oft wrr% , w N r %-a Ibr Ir .F.,W wr F /r , 1. M �.M b pop*w WL wFl P. u�in'e rrAr h : • low. rr pow r P.P. to ti rrp.e w M .as w w rww..swwwww. Pb wr �r a Ar. Ir.dr Irwia P o�irva 0---- CITY OF CAMPBELL CAM PBELL, CAL I FORNIASTREET 5008 1406)666.2100 pIpwtment: Planning November 17. 1989 Mr. Paul Jack Ballroom Dsnce. Inc. 2047 Commodore Drive San Jose. CA 95133 RE: 1707 S. Bascom Avenue Campbell. CA 95008 Dear Mr. Jack: Enclosed for your reference, please Find a copy of the Campbell Sign Ordinance. r is age sent to you for your recently approvedr your use dance studio. ation of Your your need for signdirected e attention is directed to page seven, which pertains to signs for commercial uses. Also attached is an application for sign permit. Please note that the permit fee is $50. Should you have any questions regarding this matter. please feel free to give me or Tim Haley a call at 866-2140. Sincerely. -A�p 'i"�d Phil Stafford Principal Planner ps:lb Enclosures CITY OF CAMPOELL 70 NORTH F I R S T STREET CAMP ELL. CALIFORNIA 95008 (408) 888.2100 Department: Planning November 15, 1989 Ballroom Oance, Inc. 2047 Commodore Drive San Jose. CA 95133 RE: UP 89-23 1707 S. Bascom Avenue Dear Applicant. Please be advised that the Planning Commission at its meeting of November 14. 1989. conditionally approved your request for a Use Permit to allow a ballroom dance establishment on the referenced property. This approval is subject to the conditions included in the staff report and is effective November 24, 1989. If you should have any questions regarding the Planning Commission's action, please do not hesitate to contact the 11anning Department. Sincerely, Ti HaWy Planner II tjh:lb Enclosure cc: Building Dept. Fire Dept. Philip Boyce, Property Owner 4— CITY OF CAMPREIE PLANNING COMMISSION APPLICATION PLEASE MOTE: STAFF IS REWIRED BY STATE LAW TO NOTIFY APPLICANTS OF THE COMPLETENESS OF THEIR APPLICATIONS. 0 rP-TMn_XPPLICAT IONS WHICH ARE FOUND TO BE COMPLETE CAN BE POSTED ON A PLANNING COMMISSION AGENDA. PROPERTY LOCATION/ADDRESS: I101 '-. 13h6C.ONl QN6 9S001e APN: 2�a—OZ—�2.1 DATE FILED: 10- R- m9 ZONING: C— 2., GENERAL PLAN: TYPE OF APPLICATION: Architectural Approval Use Permit _ Planned DeveloFment Permit Zone Change _ General Plan Amendment Variance Other APPLICANT: NAME: Q>AL. pkd>. n TELEPHONE: (400) `115— 26414 ADDRESS: 2-04-1 COMU"to O[�RF. �Q• CITY/STATE: SAJ 1,'33 ZIP: '15Wb3 PROPERTY OTHER: NAME: PH:L: :j? BoYCE Cjd Cool ES1 mow MROS TELEPHONE ( 40e) 31\- ADDRESS: \-IZ.S S. 13nSGo.-•A Avc CITY/STATE: Gne,oc�El.l_ CA��F" ZIP: 91-008 PLEASE ATTACHED SEPARATE SHEET FOR OTHERS THAT YOU WISH TO RECEIVE COPIES OF STAFF REPORTS { AGENDAS. AFFIDAVIT/SIGNATURE(S): The undersigned person(s), having an interest in the above -described property, hereby make this application in accordance with the provisions of the Campbell Municipal Code; and, hereby certify that the Information given herein is true and corr a of my/our knowledge and belief, / O- 16�A _/ % /I gnoture i e Property n g ature Datt, O F F I C E U S E O N L Y Y PLANNING COMMISSION NYC. MTE: "--75- u/v FEE PAID: PLANNING COW ISSION ACTION: RECEIPT a: ': i i CITY COUNCIL METING DATE: CITY COUNCIL ACTION: DATE PUBLISHED IN NEWSPAPER: PROPOSED USE: City of Campbell - Planning Uepartment - Steve Piasecki, Planning Director 70 N. First St., Campbell, CA 95006 (4OB) $"-2140 FILE DEPARTMENT COMMENT SHEET SITE a ARCHITECTURAL REVIEW COf,INITTEE PLANNING COMMISSION i Date Sent Out: October 20, 1189 [ Architect Planning Commission [ Fire Department Agenda Date: Nov. 28, 1989 [ 1 Police Department _ Please Return By: Nov. 15, 1989 '• ( 1 Redevelopment Agency — Public Works Department: AXA Original Submittal ( 1 Engineerin¢ [ ] Corporation Yard ( 1 Revised Submittal Building Division 40-99S-34.4 APPLICANT: Paul Jack TELEPHONE: PROJECT ADDRESS: 1725 S. Bascom Ave. PROPOSAL: UP 89-23 Public Hearing to consider the application of Mr. Paul Jack, Jack, P. on behalf of Ballroom Dance, Inc. for approval of a Use Permit to allow a ballroom dance studio at 1725 S. Bascom Av-nue, in a C-2-S (General Conine rcial Zoning District). DEPARTMENTAL RECOMMENDATIONS:" CODE ENVIRONMENTAL REVIEW: The Planning Department has conducted an initial environmental study for this proposal, and I I A Negative Declaration has been prepared for this proposal. kxj; A Categorical Exemption has been prepared for this proposal. If your Department is of the opinion that additional environmental review to requi please attar an Environmental Impact Assessment Ituttj&T udy men— tijry3ng your area(s) of concern. "Any environmental comments should be returned by: ra - n I-V 200 i O 3 H m nnrvuon wE. i ' r Emu�ce. rM Pr Sr Wl Entrant• u Futura Campisl Way Extension o 4 m-,- P.-awav Full Ramp :,w -"!" 1. DEPARTMENT COMMENT SHEET SITE a ARCHITECTURAL REVIEW CO:Jr4ITTEE PLANNING COMMISSION Date Sent Out: Cctober� 20, 1989 1 Architect Planning Commission [. Ire Department Agenda Date: Nov. 28, 1989 [ 1 Police Department Please Return By: Nov_15, 1989 •• i 1 Redevelopment Agency R E C E I V It O Public Works Department: JxA Original Submittal 1 Engineerin¢ E ] Revised Submittal OCT 2 3 1989 L ) Corporation Yard 1 Building Division APPLICANT: Paul Jack [MILL FIRE DEPARTMENT TELEPHONE: 4o8-995-3414 PROJECT ADDRESS: 1725 S. Bascom Ave. PROPOSAL: UP 89-23 Public Hearing to consider the application of Mr. Paul Jack, Jack, P. on behalf of Ballroom Dance, Inc. for approval of a Use Permit to allow a ballroom dance studio at 1725 S. Bascom Avenue, in a C-2-9 (General Commercial Zoning District). DEPARTMENTAL RECOMMENDATIONS: CODE REQUIREMENTS (IF RECOMMENDED FOR APPROVAL): 1. SHALL COMPLY WITH ALL A-3 OCCUPANCY REQUIREMENTS. ENVIRONMENTAL REVIEW: The Planning Department has conducted an initial environmental study for this proposal, and ) A Negative Declaration has been prepared for this proposal. ,Xx A Categorical Exemption hse been prepared for this proposal. If your Department is of the opinion that additional anvi..,n.,e .1 **Any environmental comments should be returned by: i I &Iwi IWy 230 1715 j 1701 0 W ; U 707 < Z 9 O II AI.II�f Utl i.V E. Q EMrs ncea 1725 Ee.an„g � Hear i QM PI51 wl Enlran<e U Future Camposl W iy Extension .,1 E.i 1.1 KIPP\IIAV FYM Ramo RECEIVED OCT 2 3 1989 CAMPKIL Fill KPIR1wl1ENf RECEIVED OCT 2 31989 CWBEII FK BEM1W aaCIIV&a DEPARTMENT COMMENT SHEET 5C-j "il t989 SITE a ARCHITECTURAL REVIEW COMMITTEE PLANNING COMMISSION Public WwkslEnpineering Date Sent Out: October 20, 1989 [ Architect Planning Commission ( Fire Department Agenda Date: Nov. 28, 1989 ( ] Police Deportment Pleasa Return By: Nov. 15, 1989 •' [ ) Redevelopment Agency Public Works Department: AXA Original Submittal [� Enirineerin¢ [ ] I 1 Revised Submittal [ 1 Corporation Yard Building Division APPLICANT: Paul Jack TELEPHONE: 4,J8-995-?414 __ PROJECT ADDRESS: 1725 S. Bascom Ave PROPOSAL: UP 89-23 Public Hearing to consider the application of Mr. Paul Jack, Jack, P. on behalf of Ballroom Dance, Inc. for approval of a Use Permit to allow a ballroom dance studio at 1725 S. Bascom Avenue, in a C-2-S (General Comme rciai Zoning District). DEPARTMENTAL RECOMMENDATIONS: CODE REQUIREMENTS (IF RECOMMENDED FOR APPROVAL): c A C I, C I V! f ENVIRONMENTAL REVIEW: The Planning .�epartment has conducted an initial environmental study for this prop, -sal, and I ) A Negative Declaration has been prepared for this proposal. kxk A Categorical Exemption has been prepared for this proposal. If your Department is of the opinion that additional environmental review is re "Any environmental comments should b,- returned by: au ;. sipt�yP.Itip 1wv Aso 0 0 3 u i m I1ar.111T011 ;.VE T� — Enlrancea Ea, anng Rear � Mf+151 W\ Enlran _ U Future Camplsl Way Extension --A ".— Frnouraw F"vit Hama DEPARTMENT COMMENT SHEET SITE a ALCHITECTURAL REVIEW CO;.i ',ITTEE PLANNING COMMISSION Date Sent Out: October 20, PJ89 [ [ Architect Planning Commission [ [ Fire Department Agenda Date: Nov. 29, 1989 [ ] Police Department Please Return By: Nov. 15, 1989 •' [ ] Redevelopment Agency Public Works Department: JXJ Original Submittal [ ] Enirineerin¢ [ 1 Corporation Yard [ ] Revised Submittal [ l Building Division APPLICANT: Paul Jack PROJECT ADDRESS: 1125 S. Bascom Ave. TELEPHONE: �r,18 995-3414 PROPOSAL: UP 89-23 Public Hearing to consider the application of Mr. Paul Jack, Jack, P. on behalf of Ballroom Dance, Inc. for approval of a Use Permit to allow a ballroom dance studio at 1725 S. Bascom Avenue, in a C-2-S (General Commercial Zoning District). DEPARTMENTAL RECOMMENDATIONS: CODE REQUIREMENTS (IF .-..RCOMMENDED FOR APPROVAL): ENVIRONMENTAL REVIEP: The Planning Department has conducted an initial environmental study for this proposal, and I I A Negative Declaration has been prepared for this proposal. kxk A Categorical Exemption has been prepared for this proposal. If your Department is of the opinion that additional environmental review is re "Any environmental comments should be returned by: ,MY 230 Future ounpmWay Extension � ^ -----__—_ -` ' k PUBLIC HEARING MAILING LABELS Please type mailing labels for the attached list of parcel numbers. FORMAT Top 3/4..: File d ijy Applicant: P.C. Mtg.: //- Z 6� SV APN: of d' J.2 - 0-�- / LABELS SHOULD INCLUDE Name (First names first) Address City, State, 6 Zip Code A.P.N. NEEDED BY: //- 'f- S DISTRIBUTION I. original Labels - Mail 2. Copied labels - One copy for CC for mailing* (Hold in file until P.C. takes action) 3. Copy of labels - In file 4. Copy of labels - Recording Secretary 5. Copy of labels - City Clerk' (Hold In file until P.C. takes action) *Omit for Use Permits and Variances INFORMATION TO BE SUBMITTED BY APPLICANT (A PLANNER MILL CHECK -OFF THE MATERIALS YOU WILL NEED TO SUBMIT.) [ ] Environsantal Information Form Blue sheets included in this packet.) [ ] Description of Request/Proposal. A detailed, typsd statement (8-1/2 x 11" format) explaining the proposal, and all relevant information. [ ] Preliminary Title Report for the property which is the subject. of the application. i ['] Copies of—S4Le—Puns.-Blovat.ions, and Floor Plans. Provide information on plans as required on the attached Check Sheet. PLEASE FOLD ALL PLAN SETS TO 8-1/2 X ;1 FORMAT IV//] Filing Fee: See attached Fee Schedule. [ ] County Sanitation District No. 4 Acknowledgement. [� Contriba•ion Disclosure Form. ( ] Well Information Questionnaire. ( ] Application Submittal Policy: See the attached Policy regarding illustrations, exhibits, plan reduction sets, and models. ALL MATERIALS MUST BE FOLDED IN 8-1/2 X 11 FORMAT FOR SUBMITTAL APPLICANTS: Attention is especially called to the importance of being present at public hearings. The burden of presenting the matter to the Planning Commission is on the applicant, and failure to be present at a hearing may adversely affect the applicant's chances of obtaining the requested development. f: Application '1 FEE SCHEDULE CITY OF CAMPBELL PLANNING DEPARTMENT General Plan Amendment 0-1 acres 1-5 acres 5+ acres Zone Change 0-1 acres 1-5 acres 5+ acres Planned Development Permits 0-1 acres 1-5 acres 5+ acres Modifications of Approval Revisse Development Schedule Use Perri, Garage Conversion, Occupancy Requiremr.t w/o Development Plans, Liquor Licenses, Secondary Dwelling Units, Interim Zone All Other Use Permits Modifications or Amendments Architectural Approval 0-10,000 s.f. of cons�,uction 10,000-75,000 s.f. of construction 75,000+ s.f. of ccnstruction If no construction associated with project Modifications Extensions of Approval Single Family Varipnces Sing:.* Family Residence All Jthere Sign Permits Permits - Minimum of $50 or lA of estimated valuation Penalty for not securing a permit Text Amendment Environmental Review (Adopted by City Council on June 22, 1987 - Res. No. 7396) (Effective July 1, 1987) ft fees $1,150 1,500 2,300 1,040 1,150 1,730 1,150 1.500 1,730 29C 175 (:;W7 1,150 150 575 875 1,150 575 150 85 100 300 500 50 50 475 100 CONTRIBUTION DISCLOSURE FORM (INFORMATION SHEET) PLANNING COMMISSION CITY OF t'AYPBELL, CALIFORNIA This form must be completed by applicants for, or persons who are the subject of, any proceeding involving a license, permit, or other entitlement for use pending before the Planning Commission. Important Notice Basic Provisions of Government Code Section 84308 1. If you are an applicant for, or the subject of, any proceedings involving a license, permf-, or other entitlement for use, you are prohibited from making a campaign contributi.,.. of $250 or more to any commissioner, his or her alternate, or any candidate for such position. This prohibition begins on the date your application is filed or the proceeding is otherwise initiated, and the prohibition ends three months after a final decision is rende-•a by the Planning Commission. It.. sddition, no commissioner, alternate, or candidate may solicit or accept a campaign contribution of $250 or more from you during this period. These prohibitions also app'y to your agents, and, if you are a closely held crrporation, to your naJority shareholder as well. II. *.3u must file the attached disclosure form and disclose whether you or your agent(s) have in the aggregate contributed $250 or more to any commissioner, his or he: alternate, sr any candidate for the position during the .2-month period preceding the filing of the applica- tion or the initiation of the proceeding. III. If you or your agent have made a contribution to auy commissioner, alternate, or candidate during the 12 months preceding the decision on the application or proceeding, that commissioner must disqualify himself or herself from the decision, However, disqualification is net required if the commissioner, alternate, or candidate returns the campaign contri- bution within 30 days of learning about both the contribution and the proceedings. This form should be completed and filed with your application or with the first written document you file or submit after the proceeding coaances. CONTRIBUTION DISCLOSURE FORM (INFORMATION SHEET) - 2. 1. A proceeding involving "a license, permit, or other entitlement for use" includes all business, professional, trade a,.,. land use licenses and permits, and all other entitlements for us:, Including all entitlements for land use; all. contracts (other than competitively bid, labor or personal employment contracts) and all franchises. 2. Your "agent" is someone who represents you in connection with a proceeding involving a license, permit or other entitlement for use. If an individual acting as an agent is also acting in his or her capacity as an employee or member of a law, architectural, engineering, consulting form or similar business entity, both the business entity and the individual are "agents". 3. To determine whether a campaign contribution of $250 or more has been made by ;ou, campaign contribution of $250 or more has been made y you, campaign contributions made by you within the - preceding 12 months must be aggregated with those made by your agent within the preceding 12 months or the period of the agency, whichever Is shorter. Campaign contributions made to different commissioners/ councilmembers, their alternates, or candidates are not aggregated. This notice s�iamarizes the maj,: requirements of Government Code Section 84308 of the Political Reform Act and 2 Cal. Adm. Code Sections 18438-18438.8. For more information, contact Campbell City Attorney at (408) 866-1125, or the Fair Political Practices Commission, 428 J Street, Suite 800, Sacramento, CA 95814, (916) 322-5901. Prepared by: Legal Devislon Fair Political Practices Commission 5/86 I i I :s CONTRIBUTION DISCLOSURE FORM CITY U: CAMPBELL PLt4iNING COMMISSION I. [✓, IF IONTRIBUTIONS TOTALING $250 RAVE NOT BEEN MADE, CHECK HERE, AND SIGN BELOW IN SECTION III. iI. TO BE COMP:ETED ONLY IF CONTRIBUTIONS TOTALING $250 OR MORE HAVE BEEN MADE. YOUR NAME: YOUR ADDRESS: TELEPHONE NO: ZIP: AFPLICATION I PROJECT ADDRESS: LIST COMMISSION MEMBER(S) TO WHOM YOU AND/OR YOUR AGENT MADE CAMPAIGN CONTRIBUTIONS TOTALING $250 OR MORE, AND THE DATES OF THOSE CONTRIBUTIONS. NAME OF MEMBER: NAME OF CONTRIBUTOR (if other the, yourself): DATE(S): AMOUNT(S): NAME OF MEMBER: NAME OF CONTRIBUTOR (2) (if other than yours -if): DATE(S): AMOUNT(S): NAME OF MEMBER: NAME OF CONTRIBUTOR (3) (if other than yourself): _ DATE(S): _ AMOUNT(S): III. �' aZ �.0 — ✓ --- /O -//-E3� _ oignatur of Ap ant/Agent) (Date) 4 Planning October 25, 1989 NOTICE OF HEARING Notice is hereby given that the Planning Commission of the City of Campbell has set 0e time of 7:30 p.m., or shortly thereafter, on Tuesday, November 14, 1989, in the City Hall Council Chambers, 70 North First Street, Campbell, California, for public hearing to consider the application of Mr. Paul Jack, on behalf of Ballroom Dance, Inc. for approval of a Use Permit to allow a ballroom dance studio at 1707 S. Bascom Avenue, in a C-2-S (General Commercial Zoning District). APN: 288-02-021 File N UP 89-23. A Categorical Exemption has been prepared for this project. Plans, elevations, legal descriptions, and/or other supporting documentation is on file in the Plrrning Department, 70 North First Street, Campbell, California. Interested persons may appear and be heard at this hearing. Please be advised that if ycv challenge the nature of the above project in court, you msy be limited to raising only those issues you or someone else raised at the public hearing described in this Notice, or in writtCen correspondence delivered to the City of Campbell Planningommission at, or prior to, the public hearing. Questions may be addressed to the Planning Office at 866-2140. PLANNING COMMISSION CITY OF CAMPBELL STEVE PIASECKI SECRETARY Y�5 i. PLEASE NOTE: h'hen calling about this Notice, please refer to UP 89-23, 1707 S. Bascom Ave. i CITY OF CAMP11111 j 7 0 N O R T H F I R S T S T R E E T CAMPBELL, C A L I F 0 R N IA 95008 (408) a66.2100 FAX a ( 4 0 8 ) 3 7 9 - 2 5 7 2 DepanmaM: Planning October 25, 1989 NOTICE OF HEARING Notice is hereby given that the Planning Commission of '-he City of Campbell has set the time of 7.30 p.m., or shortly thereaftar, on 'Tuesday. November 14, 1989, in the City Hall Council Chambers, 70 North First Street, Campbell, California, for public hearing to consider the application of Mr. Paul Jack, on behalf of Ballroom Dance, Inc. for approval of a Use Permit to allow a ballraom dance studio at 1707 S. Bascom Avenue, in a C-2-S (General Commercial Zoning District). APN: 288-02-021 File N UP 89-23. A Categorical Exemption has bean prepared for this project. Plans, elevations, legal descriptions, and/or uther supporting documentation is on file in the Planning Department, 70 North First Street, Campbell, California. Interested person. 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 STEVE PiASEC11 SECRETARY PLEASE NOTE: When calling about this Notice, ,)lease refer to UP 89-23, 1707 S. Bascom Ave. 4 c####x#*#x##y ####xxx#######TY##D#Fx#CAHPton 4.x#x##### BELL 0017 CO 0000 101 10-11-89 15 '_•6 '= ZONING FEES ACCT 001.307.337I RECEIPT* 0095- AMT 100 CIO 1P 89-23 }atilt CIO` TOTAL AnOIINT TENDERED 400 0E CHECK 11` CHANGE dC PAYOR 1LENE ABRAHAM 6822 JiiRVIS NWK j --- THANK YOU VERY MUCH --- 4 WE APPRECIATE YOUR BUSINESS KEEP THIS RECEIPT' 1