UP - Net Asylum - 2004May 26, 2004
Mr. Gavin Morter
68 E. Campbell Avenue
Campbell, CA 95008
Re:
PLN2004-37 - 68 E. Campbell Avenue - Use Pennit - Net Asylum
Dear Applicant:
Please be advised that at its meeting of May 25, 2004, the Planning Commission adopted
Resolution No. 3569 approving a Conditional Use Pennit (pLN2004-37) to allow an Internet
café in an existing tenant space with late night operations on the above referenced property.
This action is effective in ten calendar days, unless appealed in writing to the City Clerk by 5
p.m. on Friday, June 4, 2004. California Code of Civil Procedure, Section 1094.6, governs the
time within which judicial review of this decision must be sought.
If you have any questions, please do not hesitate to contact me at (408) 866-2140.
Sincerely,
~atÚt lAJ \ \ ~
Stephanie Willsey U
Planner I
cc:
Frank Mills, Building Division
Chris Veargason, County Fire Department
Mr. Mike Rugani (Property Owner)
634 N. Santa Cruz Avenue
Los Gatos, CA 95030
70 North First Street. Campbell, California 95008-1436 . TEL 408.866.2140 . FAX 408.871.5140 . TD[) 408.866.2790
RESOLUTION NO. 3569
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (pLN2004-
37) TO ALLOW AN INTERNET CAFÉ IN AN EXISTING TENANT SPACE
WITH LATE NIGHT OPERATIONS ON PROPERTY OWNED BY MR.
MICHAEL RUGANI LOCATED AT 68 E. CAMPBELL AVENUE IN A P-D
(PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF
MR. GAVIN MORTER, ON BEHALF OF NET ASYLUM. FILE NO.:
PLN2004-37.
After notification and public hearing, as specified by law, and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the Planning Commission did find as follows
with respect to application PLN2004-37:
1. The General Plan land use designation for the project site is Central Commercial. The use of
the subject property as an Internet cafe with late night operations is consistent with this
General Plan designation.
2. The zoning designation for the project site is P-D (planned Development). The proposed
project will be consistent with the Zoning Ordinance with approval of a Conditional Use
Permit.
3. The project site is located on the southwest corner of East Campbell Avenue and South
Fourth Street. The property is surrounded by offices to the north, office and warehouse to the
south, a flower shop to the east and a dance studio to the west.
4. The subject property was developed in approximately 1949 before the City was established,
therefore, the City retains no site approval for the property. There is currently an un-striped,
shared parking area behind the building adjacent to the alley and on-street parking is
available on South Fourth Street.
5. No exterior modifications to the building are proposed as part of the application.
6. The Internet café would offer the use of computers for recreational computer activities (such
as multi-player on-line computer games), Internet access and general computer related office
services (such as scanning and word processing documents).
7. The Campbell Police Department has reviewed the application and is supportive of the
proposed use at this location but is not supportive of the applicants proposed hours of
operation. The Police Department is recommending that the business operate from 9:00 a.m.
to 11 :00 p.m. Sunday through Thursday and 9:00 a.m. to 12 midnight on Friday and
Saturday.
8. The Redevelopment Agency has reviewed the application and is supportive of the proposed
use at this location but is not supportive of the applicants proposed hours of operation. The
Redevelopment Agency is recommending that the business operate from 9:00 a.m. to 11 :00
p.m. Sunday through Thursday and 9:00 a.m. to 12 midnight on Friday and Saturday and that
Planning Commission Resoi.....on No. 3569
PLN2004-37 - 68 E. Campbell Avenue -Conditional Use Permit - Net Asylum
Page 2
minors under the age of 18 years shall not be allowed to remain in or gain entry to an arcade
after 10:00 p.m. unless accompanied by a parent or guardian.
9. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 (Existing
Facilities) of the California Environmental Quality Act (CEQA).
10. The applicant has stipulated a condition for the prohibition of viewing adult content on the
premises. Adult content emphasizes human genitals or pubic region; buttocks; and female
breast below a point immediately above the top of the areola. Specific sexual activities shall
mean and include any of the following, the fondling or other erotic touching of human genitals,
pubic region, buttocks, anus, or female breast; sex acts, actual or simulated, including
intercourse, oral copulation, or sodomy; masturbation, actual or simulated; and excretory
functions as part of or in connection with any of the other activities.
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The proposed project is consistent with the General Plan and Zoning Ordinance.
2. The establishment, maintenance, or operation of the use will not be detrimental to the public
health, safety, peace, morals, comfort or general welfare of persons residing or working in
the neighborhood of such proposed use, or be detrimental or injurious to property and
improvements in the neighborhood or to the general welfare of the City.
3. The proposed use is compatible with the uses in the area.
4. The subject 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.
5. The subject site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic such uses would generate.
6. The proposed project will aid in the enhancement and the harmonious development of the
immediate area.
7. No substantial evidence has been presented which shows that the project, as currently
presented and subject to the required conditions of approval, will have a significant adverse
impact on the environment.
8. There is a reasonable relationship and a rough proportionality between the conditions of
approval and the impacts of the project.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional
Use Permit (PLN2004-37) to allow an Internet café in an existing tenant space with late night
operations on property owned by Mr. Michael Rugani located at 68 E. Campbell Avenue, in a
P-D (Planned Development) Zoning District, subject to the following conditions:
Planning Commission Resoi.....on No. 3569
PLN2004-37 - 68 E. Campbell Avenue -Conditional Use Permit - Net Asylum
Page 3
Where approval by the Director of Community Development, City Engineer, Public Works
Director, City Attorney or Fire Department is required, that review shall be for compliance with
all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and
regulations and accepted engineering practices for the item under review. 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 that pertain to this development
and are not herein specified.
COMMUNITY DEVELOPMENT DEPARTMENT
Plannin2 Division
1. Project Approval: Approval is granted for a Conditional Use Permit (PLN2004-37) to allow
an Internet café in an existing tenant space with late night operations at 68 E. Campbell
Avenue. The project shall substantially comply with project plans and description stamped
as received by the Planning Division on March 25, 2004 and May 4,2004, except as may be
modified by the conditions of approval herein.
2. Conditional Use Permit Approval Expiration: The Conditional Use Permit approval shall be
valid for one year from the date of final approval with the requirement for a six and 12-
month review of this use. Within this one-year period a building permit must be obtained
and construction completed one year thereafter or the use must be established on the property
(if no building permit is required). Failure to meet these deadlines will result in the
Conditional Use Permit being void.
3. Revocation of Permit: Operation of the use in violation of the Conditional Use Permit or any
standards, codes, or ordinances of the City of Campbell shall be grounds for consideration of
revocation of the Conditional Use Permit by the Planning Commission.
4. Operational Hours: The operational hours shall be limited to 9:00 a.m. to 11 :00 p.m. Sunday
through Thursday and 9:00 a.m. to 12 midnight on Friday and Saturday. The hours of
operation shall be clearly posted at the entrance of the business.
5. Minors: Minors (under the age of 18 years) shall not be allowed to remain in or gain entry to
the business after 10:00 p.m. unless accompanied by a parent or guardian.
6. Employees: There shall be a minimum of one employee present at all times for each 10
machines and all employees must be at least 18 years of age.
7. Alcohol: There shall be no sale or consumption of alcohol allowed in conjunction with the
Internet café.
8. Loitering: There shall be no loitering allowed outside the business or in the parking area
behind the business.
9. Noise:
Planning Commission ResOl.....on No. 3569
PLN2004-37 - 68 E. Campbell Avenue -Conditional Use Permit - Net Asylum
Page 4
a. Noise Standard: Any noises, sounds and/or voices, including but not limited to amplified
sounds, loud speakers, sounds from audio sound systems, music, and/or public address
system generated by the use shall not be audible to a person of normal hearing capacity
from any residential property.
b. Noise Management: In the event complaints are received by the City regarding noise, the
Community Development Director, upon confirmation that the noises are generated by
the business, may immediately modify the hours of operation subject to the project being
brought back to the Planning Commission for review.
10. Parking and Driveways:
a. The applicant or property owner shall stripe new parking spaces along the entire rear
portion of the building in conformance with the size requirements of Chapter 21.28
(Parking and Loading) of the Campbell Zoning Code prior to the issuance of a building
permit or establishment of the business.
b. All parking and driveway areas shall be maintained in compliance with the standards in
Chapter 21.28 (Parking and Loading) of the Campbell Municipal Code.
11. Outdoor Storage: No outdoor storage is permitted on the subject property. No equipment,
materials or business vehicles shall be parked and/or stored outside the building or within the
parking lot.
a. Bicycle racks, accommodating a minimum of 12 bicycles, shall be installed at the rear of
the building in a manner that does not interfere with access to and from the driveway.
b. Trash removal from this business to the dumpster and/or recycle bins shall be constrained
to the hours between 9 a.m. and 5 p.m.
12. Signage: No signage is approved as part of the development application approved herein.
No sign shall be installed until a Sign Permit is approved as specified in Chapter 21.30
(Signs) of the Campbell Municipal Code.
a. Rules of etiquette shall be clearly posted inside the business, including that no viewing of
adult content shall be permitted on the premises.
b. The complaint procedures as to how to contact the City regarding violations of this Use
Permit or City Ordinances shall be clearly posted on site.
13. Arcade Permit: The applicant shall apply for an Arcade Permit from the Campbell Police
Department prior to the establishment of the business.
BoUdin£! Division:
Planning Commission Resok.,on No. 3569
PLN2004-37 - 68 E. Campbell Avenue -Conditional Use Permit - Net Asylum
Page 5
14. Permits Required: A building permit application shall be required for the proposed new
tenant improvement to the (e) commercial structure. The building permit shall include
ElectricallPlumbinglMechanical fees when such work is part of the permit.
15. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of
construction plans submitted for building permit.
16. Size of Plans: The size of construction plans submitted for building permits shall be 24
inches by 36 inches
17. Plan Preparation: This project requires plans prepared under the direction and oversight of a
California licensed Engineer or Architect. Plans submitted for building permits shall be "wet
stamped" and signed by the qualifying professional person.
18. Site Plan: Application for building permit shall include a competent site plan that identifies
property and proposed structures with dimensions and elevations as appropriate. Site plan
shall also include site drainage details. Site address and parcel numbers shall also be clearly
called out. Site parking and path of travel to public sidewalks shall be detailed.
19. Title 24 Energy Compliance: California Title 24 Energy Standards Compliance forms shall
be blue-lined on the construction plans. Compliance with the Standards shall be
demonstrated for conditioning of the building envelope and lighting of the building.
20. Special Inspections: When a special inspection is required by U.B.c. Section 1701, the
architect or engineer of record shall prepare an inspection program that shall be submitted to
the Building Official for approval prior to issuance of the building permits, in accordance
with U.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from
the Building Inspection Division Counter.
21. Non-Point Source Pollution Control: The City of Campbell, standard Santa Clara Valley
Non-point Source Pollution Control Program specification sheet shall be part of plan
submittal. The specification sheet (size 24" X 36") is available at the Building Division
service counter.
22. Title 24 Accessibility - Commercial: On site general path of travel shall comply with the
latest California Title 24 Accessibility Standards. Work shall include but not be limited to
accessibility to building entrances from parking facilities and sidewalks.
23. Title 24 Accessibility - Commercial: Projects seeking to use the Title 24 Hardship
exemption clause shall blue-line completed, City of Campbell "20%" exemption form on
submitted construction plans. Form is available at Building Division service counter.
24. Approvals Required: The project requires the following agency approval prior to issuance of
the building permit:
Planning Commission ResoL _.ùn No. 3569
PLN2004-37 - 68 E. Campbell Avenue -Conditional Use Permit - Net Asylum
Page 6
a. Santa Clara County Fire Department
25. P.G.& E.: Applicant is advised to contact Pacific Gas and Electric Company as early as
possible in the approval process. Service installations, changes and/or relocations may
require substantial scheduling time and can cause significant delays in the approval process.
Applicant should also consult with P.G.&E. concerning utility easements, distribution pole
locations and required conductor clearances.
PASSED AND ADOPTED this 25th day of May, 2004, by the following roll call vote:
AYES:
Commissioners:
Alderete, Doorley, Francois, Gibbons, Hernandez, Rocha
and Roseberry
None
None
None
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
APPROVED:
George Doorley, Chair
ATTEST:
Sharon Fierro, Secretary
..I
ITEM NO.2
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CITY OF CAMPBELL - PLANNING COMMISSION
Staff Report- May 25, 2004
PLN2004-37
Morter, G.
Public Hearing to consider the application ofMr. Gavin Morter, on behalf of Net
Asylum, for a Conditional Use Permit (PLN2004-37) to allow an internet café in
an existing tenant space with late night operations on property owned by Mr.
Michael Rugani located at 68 E. Campbell Avenue in a P-D (Planned
Development) Zoning District.
STAFF RECOMMENDATION
That the Planning Commission take the following action:
1. Adopt a Resolution, incorporating the attached findings, approving a Conditional Use
Permit (PLN2004-37) to allow an internet café in an existing tenant space with late night
operations, subject to the attached conditions of approval.
ENVIRONMENTAL DETERMINATION
Staff recommends that the Planning Commission find that this project is Categorically Exempt
under Section 15301, Class 1 of the California Environmental Quality Act (CEQA) pertaining to
minor alterations to existing private structures.
PROJECT DATA
Net Lot Area:
0.18 acres (7,700 sq. ft.)
Site Utilization:
Total Building Area:
Total Building Coverage
5,440 sq. ft.
71%
Subject Tenant Space:
1,920 sq. ft.
Proposed Hours of Operation:
Sunday - Thursday: 4:00 p.m. - 2:00 a.m.
Friday & Saturday: 4:00 p.m. - 7:00 a.m.
Surrounding Uses:
North:
South:
East:
West:
Heritage Village Offices
OfficelW arehouse
Flower Shop
Dance Studio
DISCUSSION
Applicant's Proposal: The applicant is requesting approval of a Conditional Use Permit to allow
the establishment of an internet café in an existing commercial tenant space with late night
operational hours.
Staff Report - Planning COln~nission Meeting of May 25,2004
PLN2004-37 - 68 E. Campbell Avenue
Page 2
Background: The subject property is currently developed with a single-story commercial
building built in approximately 1949 and consists of three tenant spaces.
Property Description: The project site is located on the southwest corner of East Campbell
Avenue and South Fourth Street. An alley runs along the southern portion of the property and
serves as vehicular access for the subject property as well as the commercial buildings to the
south and west of the property. The property is surrounded by offices to the north, office and
warehouse to the south, a flower shop to the east and a dance studio to the west.
ANALYSIS
General Plan Designation: The General Plan land use designation for the project site is Central
Commercial. The use of the subject property as an internet cafe with late night operations is
consistent with this General Plan designation.
Zoning Designation: The zoning designation for the project site is P-D (Planned Development).
A Conditional Use Permit is required for a change in use within the P-D Zoning District. The
proposed project will be consistent with the Zoning Ordinance with approval of a Conditional
Use Permit.
Use: The internet café would offer the use of computers for recreational computer activities
(such as multi-player on-line computer games), internet access and general computer related
office services (such as scanning and word processing documents). Net Asylum would also offer
computer related goods and services including pre-built systems, hardware, software and
computer installation and repair. Limited snacks and beverages would be for sale on the
premises and would consist of pre-packaged snacks and drinks. No alcohol would be offered for
sale on the premises. The pricing structure would offer the use of the computers for a fee and
would encourage memberships.
Based on research of other internet cafes and how they have functioned in many other
communities, staff has found that they are very similar to an arcade because they offer
recreational computer activities that cater mainly towards young people. Arcades are regulated
under Title 5 of the Campbell Municipal Code which defines an arcade as any business
establishment which has ten or more amusement devices located on the premises. An
amusement device is defined as a piece of equipment or a mechanism designed for the
entertaining or creating a game for a person or persons to play.
Staff is supportive of the proposed use at this location, subject to the attached conditions of
approval which would regulate the operational hours, employee supervision and other aspects of
the business that are typical for this type of use.
Hours of Operation: The applicant is requesting that the hours of operation be from 4:00 p.m. to
2:00 a.m. Sunday through Thursday and 4:00 p.m. to 7:00 a.m. on Friday and Saturday.
The Campbell Municipal Code requires arcades, not licensed for the sale of alcoholic beverages,
be closed to the public between the hours of 12 midnight and 9:00 a.m. It also requires that
Staff Report - Planning Conullission Meeting of May 25,2004
PLN2004-37 - 68 E. Campbell Avenue
Page 3
minors (under the age of 18 years) shall not be allowed to remain in or gain entry to an arcade
after 10:00 p.m. unless accompanied by a parent or guardian.
Staff is not supportive of the applicants proposed hours of operation due to the Municipal Code
requirements listed above, as well as the location of the proposed use in Downtown Campbell.
Staff finds that the operation of a business all night is not compatible with the surrounding
businesses and the residential neighborhood on South Fourth Street. The comments from the
Campbell Police Department and Redevelopment Agency also do not support the operation of
the business all night.
Staff is recommending that the hours of operation be from 9:00 a.m. to 11 :00 p.m. Sunday
through Thursday and 9:00 a.m. to 12 midnight on Friday and Saturday. A condition of approval
has also been added that requires that minors (under the age of 18 years) not be allowed to
remain in or gain entry to the business after 10:00 p.m. unless accompanied by a parent or
guardian.
Parking: The subject property was developed in approximately 1949 before the City was
established, therefore, the City retains no site approval for the property. There is currently an un-
striped, shared parking area behind the building adjacent to the alley and on-street parking is
available on South Fourth Street. Staff has added a condition of approval that requires that
parking spaces be striped along the entire rear portion of the building.
Chapter 21.28 (Parking and Loading) of the Campbell Municipal Code requires one parking
space for each 200 square feet of gross floor area for the proposed use, which would yield a
parking requirement of 10 parking spaces. The previous use in the tenant space was a retail fur
store (Tarlow's), which also has a parking requirement of one space for each 200 square feet of
gross floor area.
Exterior Modifications: No exterior modifications to the building are proposed as part of the
application.
Police Department Review: The Campbell Police Department has reviewed the application and
is supportive of the proposed use at this location but is not supportive of the applicants proposed
hours of operation. The Police Department is recommending that the business operate from 9:00
a.m. to 11 :00 p.m. Sunday through Thursday and 9:00 a.m. to 12 midnight on Friday and
Saturday. The applicant will also be required to obtain an Arcade Permit from the Police
Department prior to the establishment of the business. A condition of approval has been added
that addresses this requirement.
Redevelopment Agency Review: The Redevelopment Agency has reviewed the application and
is supportive of the proposed use at this location but is not supportive of the applicants proposed
hours of operation. The Redevelopment Agency is recommending that the business operate from
9:00 a.m. to 11 :00 p.m. Sunday through Thursday and 9:00 a.m. to 12 midnight on Friday and
Saturday and that minors (under the age of 18 years) shall not be allowed to remain in or gain
entry to an arcade after 10:00 p.m. unless accompanied by a parent or guardian.
Staff Report - Planning Conunission Meeting of May 25,2004
PLN2004-37 - 68 E. Campbell Avenue
Page 4
Site and Architectural Review Committee: The Site and Architectural Review Committee did
not review this application, as there are no changes proposed to the exterior of the building or
site configuration.
Attachments:
1. Findings for Approval of File No. PLN2004-37
2. Conditions of Approval for File No. PLN2004-37
3. Plans and Photographs
4. Letters from the Applicant
5. Location Map
Prepared by:
Approved by:
Attachment # 1
FINDINGS RECOMMENDING APPROVAL OF FILE NO. PLN2004-37
SITE ADDRESS:
APPLICANT:
P.C. MEETING:
68 E. Campbell Avenue
Gavin Morter on behalf of Net Asylum
May 25, 2004
Findings for approval of a Conditional Use Permit to allow an internet café in an existing tenant
space with late night operations located at 68 E. Campbell Avenue.
The Planning Commission finds as follows with regard to File No. PLN2004-37:
1. The General Plan land use designation for the project site is Central Commercial. The use of
the subject property as an internet cafe with late night operations is consistent with this
General Plan designation.
2. The zoning designation for the project site is P-D (Planned Development). The proposed
project will be consistent with the Zoning Ordinance with approval of a Conditional Use
Permit.
3. The project site is located on the southwest corner of East Campbell Avenue and South
Fourth Street. The property is surrounded by offices to the north, office and warehouse to the
south, a flower shop to the east and a dance studio to the west.
4. The subject property was developed in approximately 1949 before the City was established,
therefore, the City retains no site approval for the property. There is currently an un-striped,
shared parking area behind the building adjacent to the alley and on-street parking is
available on South Fourth Street.
5. No exterior modifications to the building are proposed as part of the application.
6. The internet café would offer the use of computers for recreational computer activities (such
as multi-player on-line computer games), internet access and general computer related office
services (such as scanning and word processing documents).
7. The Campbell Police Department has reviewed the application and is supportive of the
proposed use at this location but is not supportive of the applicants proposed hours of
operation. The Police Department is recommending that the business operate from 9:00 a.m.
to 11 :00 p.m. Sunday through Thursday and 9:00 a.m. to 12 midnight on Friday and
Saturday.
8. The Redevelopment Agency has reviewed the application and is supportive of the proposed
use at this location but is not supportive of the applicants proposed hours of operation. The
Redevelopment Agency is recommending that the business operate from 9:00 a.m. to 11 :00
p.m. Sunday through Thursday and 9:00 a.m. to 12 midnight on Friday and Saturday and that
minors under the age of 18 years shall not be allowed to remain in or gain entry to an arcade
after 10:00 p.m. unless accompanied by a parent or guardian.
9. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 (Existing
Facilities) ofthe California Environmental Quality Act (CEQA).
Attachment # 1
Page 2 of 2
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The proposed project is consistent with the General Plan and Zoning Ordinance.
2. The establishment, maintenance, or operation of the use will not be detrimental to the public
health, safety, peace, morals, comfort or general welfare of persons residing or working in
the neighborhood of such proposed use, or be detrimental or injurious to property and
improvements in the neighborhood or to the general welfare of the City.
3. The proposed use is compatible with the uses in the area.
4. The subject 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.
5. The subject site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic such uses would generate.
6. The proposed project will aid in the enhancement and the harmonious development of the
immediate area.
7. No substantial evidence has been presented which shows that the project, as currently
presented and subject to the required conditions of approval, will have a significant adverse
impact on the environment.
8. There is a reasonable relationship and a rough proportionality between the conditions of
approval and the impacts ofthe project.
Attachment #2
CONDITIONS OF APPROVAL FOR FILE NO. PLN2004-37
SITE ADDRESS:
APPLICANT:
P.C. MEETING:
68 E. Campbell Avenue
Gavin Morter on behalf of Net Asylum
May 25, 2004
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 State of
California. The lead department with which the applicant will work is identified on each
condition where necessary. Where approval by the Director of Community Development, City
Engineer, Public Works Director, City Attorney, or Fire Department is required, that review shall
be for compliance with all applicable conditions of approval, adopted policies and guidelines,
ordinances, laws and regulations, and accepted engineering practices, for the item under review.
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 that pertain to this
development and are not herein specified:
COMMUNITY DEVELOPMENT DEPARTMENT
Plannin2 Division
1.
Project Approval: Approval is granted for a Conditional Use Permit (PLN2004-37) to
allow an internet café in an existing tenant space with late night operations at 68 E.
Campbell Avenue. The project shall substantially comply with project plans and
description stamped as received by the Planning Division on March 25, 2004 and May 4,
2004, except as may be modified by the conditions of approval herein.
2.
Conditional Use Permit Approval Expiration: The Conditional Use Permit approval shall
be valid for one year from the date of final approval. Within this one-year period a
building permit must be obtained and construction completed one year thereafter or the use
must be established on the property (if no building permit is required). Failure to meet
these deadlines will result in the Conditional Use Permit being void.
3.
Revocation of Permit: Operation of the use in violation of the Conditional Use Permit or
any standards, codes, or ordinances of the City of Campbell shall be grounds for
consideration of revocation of the Conditional Use Permit by the Planning Commission.
4.
Operational Hours: The operational hours shall be limited to 9:00 a.m. to 11 :00 p.m.
Sunday through Thursday and 9:00 a.m. to 12 midnight on Friday and Saturday. The
hours of operation shall be clearly posted at the entrance of the business.
5.
Minors: Minors (under the age of 18 years) shall not be allowed to remain in or gain entry
to the business after 10:00 p.m. unless accompanied by a parent or guardian.
6.
Employees: There shall be a minimum of one employee present at all times for each 10
machines and all employees must be at least 18 years of age.
Attachment #2
Page 2 of 3
7.
Alcohol: There shall be no sale or consumption of alcohol allowed in conjunction with the
internet café.
8.
Loitering: There shall be no loitering allowed outside the business or in the parking area
behind the business.
9.
Noise:
a. Noise Standard: Any noises, sounds and/or voices, including but not limited to
amplified sounds, loud speakers, sounds from audio sound systems, music, and/or
public address system generated by the use shall not be audible to a person of
normal hearing capacity from any residential property.
b. Noise Management: In the event complaints are received by the City regarding
noise, the Community Development Director, upon confirmation that the noises are
generated by the business, may immediately modify the hours of operation subject
to the project being brought back to the Planning Commission for review.
10.
Parking and Driveways:
a. The applicant or property owner shall stripe new parking spaces along the entire
rear portion of the building in conformance with the size requirements of Chapter
21.28 (Parking and Loading) of the Campbell Zoning Code prior to the issuance of
a building permit or establishment of the business.
b. All parking and driveway areas shall be maintained in compliance with the
standards in Chapter 21.28 (Parking and Loading) of the Campbell Municipal
Code.
11.
Outdoor Storage: No outdoor storage is permitted on the subject property. No equipment,
materials or business vehicles shall be parked and/or stored outside the building or within
the parking lot.
12.
Signage: No signage is approved as part of the development application approved herein.
No sign shall be installed until a Sign Permit is approved as specified in Chapter 21.30
(Signs) of the Campbell Municipal Code.
13.
Arcade Permit: The applicant shall apply for an Arcade Permit from the Campbell Police
Department prior to the establishment of the business.
Buildin2 Division:
14.
Permits Required: A building permit application shall be required for the proposed new
tenant improvement to the (e) commercial structure. The building permit shall include
Electrical/Plumbing/Mechanical fees when such work is part of the permit.
15.
Construction Plans: The conditions of approval shall be stated in full on the cover sheet
of construction plans submitted for building permit.
16.
Attachment #2
Page 3 of 3
Size of Plans: The size of construction plans submitted for building permits shall be 24
inches by 36 inches
17.
Plan Preparation: This project requires plans prepared under the direction and oversight
of a California licensed Engineer or Architect. Plans submitted for building permits shall
be "wet stamped" and signed by the qualifying professional person.
18.
Site Plan: Application for building permit shall include a competent site plan that
identifies property and proposed structures with dimensions and elevations as appropriate.
Site plan shall also include site drainage details. Site address and parcel numbers shall
also be clearly called out. Site parking and path of travel to public sidewalks shall be
detailed.
19. Title 24 Energy Compliance: California Title 24 Energy Standards Compliance forms
shall be blue-lined on the construction plans. Compliance with the Standards shall be
demonstrated for conditioning of the building envelope and lighting of the building.
20.
Special Inspections: When a special inspection is required by D.B.c. Section 1701, the
architect or engineer of record shall prepare an inspection program that shall be submitted
to the Building Official for approval prior to issuance of the building permits, in
accordance with U.B.C Section 106.3.5. Please obtain City of Campbell, Special
Inspection forms from the Building Inspection Division Counter.
21. Non-Point Source Pollution Control: The City of Campbell, standard Santa Clara Valley
Non-point Source Pollution Control Program specification sheet shall be part of plan
submittal. The specification sheet (size 24" X 36") is available at the Building Division
service counter.
22. Title 24 Accessibility - Commercial: On site general path of travel shall comply with the
latest California Title 24 Accessibility Standards. Work shall include but not be limited to
accessibility to building entrances from parking facilities and sidewalks.
23. Title 24 Accessibility - Commercial: Projects seeking to use the Title 24 Hardship
exemption clause shall blue-line completed, City of Campbell "20%" exemption form on
submitted construction plans. Form is available at Building Division service counter.
24.
Approvals Required: The project requires the following agency approval prior to issuance
of the building permit:
a. Santa Clara County Fire Department
25. P.G.& E.: Applicant is advised to contact Pacific Gas and Electric Company as early as
possible in the approval process. Service installations, changes and/or relocations may
require substantial scheduling time and can cause significant delays in the approval
process. Applicant should also consult with P.G.&E. concerning utility easements,
distribution pole locations and required conductor clearances.
Attachment #4
Gavin Morter
Net Asylum
68 E. Campbell Avenue
Campbell, CA 95008
(408) 866-8929
Proposal for Net Asylum Internet Cafe
To Whom It May Concern:
Thank you for reviewing my application for a Use Permit regarding the operation
of Net Asylum, the Internet Café I am opening at 68 E. Campbell Avenue. When the
aforementioned Permit has been approved, Net Asylum will provide valuable services for
residents and neighbors of Campbell. After reviewing the benefIts of such a business, as
outlined below, I am confident you will agree.
Net Asylum is scheduled to open as an "Internet Café". Our primary service to
our customers is the use of the Internet in a fi'iendly, relaxed atmosphere. Customers will
be able to surf the web, study for exams, locate information, create documents, fax and
scan, and many other Internet related activities. In addition, customers will be able to use
our facilities for recreational computer activities, such as multi-player on-line computer
games. As a value-added service, Net Asylum's pricing structure will encourage
"memberships", special events, prizes, and other consumer benefits. Net Asylum will
also offer a competitively priced array of computer-related goods and services, including
pre-built systems, hardware and software, and computer installation and repair. Net
Asylum will serve food and beverages on the premises.
Based on observation of similar businesses and their practices, Net Asylum will
be managed by one individual during most shifts (myself, owner and operator), with
additional assistance during peak hours according to the needs of the business. The café
will typically close at Midnight during weeknights, staying open all-night on weekends.
Peak hours for the café are projected for early to mid-evening, allowing customers access
to the business at a time of day when parking tends to be open, which in turn benefits
"day-time" businesses nearby.
In summary, our goal at Net Asylum is to provide a safe, clean, enjoyable
environment where our customers can play together, learn more about computers and the
Internet, and shop for all of the computer-related needs. Thank you again for your time
and attention to this matter.
Respectfully,
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Gavin M rter
General Partner
Net Asylum -- Conditional Use Permit Application
File No.: PLN2004-37
68E Campbell Ave.
Proposed Hours of Operation
Sun: 4:00pm - 2:00am
Mon: 4:00pm - 2:00am
Tue: 4:00pm - 2:00am
Wed: 4:00pm - 2:00am
Thu: 4:00pm - 2:00am
Fri: 4:00pm- 7:00am
Sat: 4:0Opm- 7:00am
I have requested the above hours as the majority of my business will be targeted for after
work / school
Notes regarding noise concerns
As I have talked to the planning department I feel the majority of the concerns are related
to noise when customers are leave the building. In addressing this concern I will not
allow people to use the back exit (unless emergency) and will require any minors to be
accompanied by an adult past 11 :OOpm. I will also be limiting the number of people who
can stay as each customer will require their own workstation.
Notes for Fri-Sat
I would also ask that you consider Friday and Saturday as I have requested these days to
be open all night. However as to stop any noise from customers coming and going I plan
to close the doors by 11 :OOpm anyone wishing to stay at the café will have to be here by
that time.
Notes for SUD- Thu
I will also close the doors at 11 :OOpm anyone wishing to stay at the café will have to be
here by that time.
Notes for Future
As the business grows I would like to open earlier in the day.
Sincerely,
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Gavin Morter
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CITY OF CAMPBELL
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Community Development Department
May 14, 2004
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Planning Commission of the City of Campbell has set the time of
7:30 p.m., or shortly thereafter, on Tuesday, May 25, 2004, in the City Hall Council Chambers,
70 North First Street, Campbell, California, for a Public Hearing to consider the application of
Mr. Gavin Morter, on behalf of Net Asylum, for a Conditional Use Permit (PLN2004-37) to
allow an internet café in an existing tenant space with late night operations on property owned by
Mr. Michael Rugani located at 68 E. Campbell Avenue in a P-D (Planned Development) Zoning
District. Staff is recommending that this project be deemed Categorically Exempt under CEQA.
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 Community Development Department at
(408) 866-2140.
Decisions of the Planning Commission may be appealed to the City Council. Appeals must be
submitted to the City Clerk in writing within 10 calendar days of an action by the Commission.
In compliance with the Americans with Disabilities Act, listening assistive devices are available
for all meetings held in the Council Chambers. If you require accommodation, please contact the
Community Development Department at (408) 866-2140, at least one week in advance of the
meeting.
PLANNING COMMISSION
CITY OF CAMPBELL
SHARON FIERRO
SECRETARY
PLEASE NOTE:
When calling about this Notice,
please refer to File No. PLN2004-37
Address: 68 E. Campbell Avenue
70 North First Street. Campbell, California 95008-1436 . III. 408.866.2140 . lAX 408.871.5140 . II) ) 408.866.2790
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Community Development Department - Current Planning
April 8, 2004
Mr. Gavin Morter
68 E. Campbell Avenue
Campbell, CA 95008
Re:
Conditional Use Permit Application
File No.: PLN2004-37
68 E. Campbell Avenue
Dear Mr. Morter:
The Planning Division has reviewed your Conditional Use Permit application for the establishment of an
internet café in an existing commercial building located at 68 E. Campbell Avenue. This application will
be considered by the Planning Commission and would be decided upon at a public hearing.
Your application has been deemed incomplete. Additional information/documents must be submitted
before your application can be deemed complete and scheduled for a public hearing. These items are as
follows:
1.
Plot Plan: Please provide a plot plan with all of the information required on the "Use Permit
Application - Attachment A - Items to be provided on plans." The plot plan should also indicate
the other tenant spaces on the property, what businesses are currently located in them and how big
the tenant spaces are.
2.
Hours of Operation: The project description indicates that you would like to close at midnight on
weekdays and operate 24 hours a day on weekends. Staff will not be supporting these proposed
hours of operation due to the location of the business and its proximity to residences and the nature
of the business. Staff will be recommending that the hours of operation be limited to 9 a.m. to 11
p.m. Sunday through Thursday and 9 a.m. to midnight on Fridays and Saturdays. Staff will also be
recommending that no minors be allowed inside the business after 10 p.m. unless accompanied by a
parent or guardian.
If you have any questions regarding these comments, please contact me at (408) 866-2193 or by email at
stephaniew@cityofcampbell.com.
Sincerely,
Jt4~í-CtV"L£
Stephanie Willsey
Planner I
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Enc1:
Use Permit Application - Attachment A - Items to be provided on plans
cc:
GeoffBradley, Senior Planner
Mike Rugani, 634 N. Santa Cruz Ave., Los Gatos, CA 95030
70 North First Street
Campbell, California 95008-1436
TEl. 408.866.2140
FAX 408.866.8381
TD ) 408.866.2790