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Pre-Application - 2002May 28, 2002 Edik Tzaghrali 3695 Stevenson Blvd. #321 Fremont,CA 94538 Subject: PRE20002-10 Pre-Application for a Use Permit to allow the use of an existing commercial space for a retail tobacco store, smoker's lounge and food services at 2053 S. Winchester Boulevard. Dear Mr. Tzaghrali: Thank you for your preliminary application for the establishment of a retail tobacco store, smoker's lounge and food services at 2053 S. Winchester Boulevard. The project site is located in a P-D Zoning District (Planned Development) and the General Plan Designation is Central Commercial. Your application was distributed to the Public Works Department, Building Division, Planning Division, County Fire Department, City Attorney and the Police Department. Comments from the Building Division and the City Attorney are attached. Below, please find comments from the Planning Division. Please note that these are intended as preliminary only and additional comments and requirements may be forthcoming upon submittal of a Use Permit application. The Public Works Department comments are not available at this time and will be mailed under separate cover. The proposed project will require approval of a Use Permit by the Planning Commission. In reviewing a Use Permit application, planning staff and the Planning Commission will evaluate such items as traffic generation, noise, hours of operation, adequacy of parking, circulation, drop-off facilities and overall compatibility of the use with adjoining properties. Parking The Zoning Code requires one parking space per 3 seats for food establishments. Your pre- application indicates approximately 24 seats, resulting in a parking requirement for eight (8) parking spaces. The other uses in the building require 13 spaces, resulting in a parking demand 70 North First Street. Campbell, California 95008-1436 . TEL 408866.2140 . FAX 408.866.8381 . TOO 408.866.2790 2053 S. Winchester Blvd.- PRE 2002-10 Page 2 of 2 May 28, 2002 for a total of 21 spaces. The existing property has six parking spaces, resulting in a deficiency of 15 parking spaces. Off-site parking spaces may be considered to meet this requirement, however the Planning Commission may consider the location, current use and future uses of the land proposed for the off-site parking spaces. Additionally, a binding covenant, running with the land would be required to assure these spaces would be available as long as the business is in operation. Due to the high number of spaces, and the high proportion of the total (71 %) that would be located off-site, the Planning Division is not be supportive of this proposal at this location. The Planning Division would recommend that the Planning Commission DENY the Use Permit. Smoking: A number of draft Conditions of Approval have been included that address smoking within the building. The goal of these conditions is to assure compliance with local and state laws and to limit the exposure of people in adjacent building spaces to second hand smoke. Noise The requested hours of operation (open until midnight and 2:00 AM) may be in conflict with the existing residential uses on the property. Additional information would be needed for the Planning Division to form a recommendation. For examples, hours of the outdoor seating area, method of ventilation, etc. Plans The plans submitted with the preliminary application will need to be modified for the Use Permit application submittal. Additional information is needed. This includes: A. PLOT PLAN CLEARLY SHOWING: 1. Distance from centerline of adjacent street(s) to property line(s). 2. Proposed or existing street improvements dimensioned from the center line of the street (curb, gutter, sidewalks, driveways, tree wells, etc.). 3. Recorded or proposed easements/dedications. 4. Setbacks - indicate all setbacks from property line and buildings. 5. Existing or proposed driveways and other proposed ingress/egress design. 6. Parking/loading - location and dimension of spaces and aisles as specified in Chapter 21.50 of the Campbell Municipal Code. 7. Landscaping - conceptual landscape plan indicating existing and proposed landscaping. Landscape Plan should be consistent with Campbell's Water Efficient Landscape Guidelines. J:\PreapplicationLetters\PRE2002-10 2053 S. Winchester Blvd - Use Permit.doc 2053 S. Winchester Blvd.- PRE 2002-10 Page 3 of 3 May 28, 2002 8. Fencing (including retaining walls, existing and/or proposed fencing to be shown (type, height, and materials). 9. Provide location and uses of buildings on adjacent properties, including detailed breakdown for 2075 S. Winchester Boulevard. B. ELEVATIONS --- FRONT. SIDES AND REAR. INDICATING: 1. Dimensions of the building. 2. Height of the building. 3. Existing and proposed construction. 4. Building materials C. FLOOR PLAN Conceptual floor plan identifying the proposed use of each area (existing and/or proposed). Please do not hesitate to contact me at (408) 866-2124 if you have any questions about these comments or would like to set up a meeting to discuss them further. Sincerely, ~1t~~ Senior Planner Cc: Sharon Fierro, Community Development Director Nath Motiram, 2051 S. Winchester Blvd. Campbell, CA 95008 Enclosure: Building Division - Preliminary Conditions of Approval, 5/24/2002 City Attorney, - Preliminary Conditions of Approval, 5/21/2002 J:\PreapplicationLetters\PRE2002-10 2053 S. Winchester Blvd - Use Permit.doc CITY OF CAMPBELL BUILDING INSPECTION DIVISION - COMMENTS TO THE DEVELOPMENT REVIEW COMMITTEE DRC: May 24,2002 ADDRESS: 2053 S. Winchester Blvd. Project Application: PRE- 2002-00010 RECOMMENDATION: Note: No building code issue has been reviewed at Development Review Committee; it will be reviewed in the Building Pennit process. Please be aware that building codes are changing constantly; plans submitted for building pem1it shall comply with the code in effect at that time. Submit pennit application together with required documents to the Building Inspection Division to obtain a building pennit. No construction can be commenced without an appropriate building pennit. It IS recommended that this item be forwarded to the Planning Commission for review, with the following conditions. TO THE SA TISF ACTION OF THE BUILDING DIVISION MANAGERIBUILDING OFFICIAL: 1. PERMITS REQUIRED: A building permit application shall be required for the proposed structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 2 CONSTRUCTION PLANS: The conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. -, J. SIZE OF PLANS: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 4. 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. 5. 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. 6. TITLE 24 ENERGY COl\.1PLIANCE: 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. J:\Building ORC Comments\2053swinchesterbl.doc 7 SPECIAL INSPECTIONS: When a special inspection is required by UB.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 UB.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 8 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. 9. 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. 10. 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. 13. APPROV ALS REQUIRED: The project requires the following agency approval prior to issuance of the building permit: a. West Valley Sanitation District b. Santa Clara County Fire Department c. Santa Clara County Department of Environmental Health 14. VENTILATION REQUIRED: Space specific ventilation system shall be required to completely separate proposed tenant space from any and all other tenant spaces nearby. 15. SMOKING: Proposed use shall comply with all State and local laws related to smoking. J:\Building ORC Comments\2053swinchesterbl.doc Contact for Proposed Site: 2053 S. Winchester Blvd Edik Tzaghrali (408) 375-8498 Proposed Use A specialized cafe serving Arabic coffee & tea along with traditional Arabic pastries. All items offered are intended to accompany the Argilah water-pipe in which fruit-flavored tobacco is smoked. Square Footage 750 Number of Employees None. Only the persons listed as Owners will be working within the establishment. Hours of Operation Monday - Thursday 6:00 pm - 12:00 am Friday 6:00 pm - 2:00 am Saturday 11 :00 am - 2:00 am Sunday 11 :00 am - 12:00 am Adjacent Uses Pony Express (immediately nextdoor) Arco AM PM Blue Sky Restaurant New India Imports Subway Campbell Donuts & Yogurt EZ Cleaners Additional Comments As you can see, the Hours of Operation listed above are offset from those of Pony Express, which occupies the same building as the proposed establishment. Because of this, there will be no competition for the parking spaces that are currently available on-site. Please note that the dirt area I.c>cate_d in the ba~k of the property may als~.be uti.lized for PE1rki~g.