Use Permit - Denied - 2001 CITY OF CAMPBELL
Community Development Department - Current Planning
November 12, 2001
Mr. Biagio Passaro
1995 Passaro Living Trust
4431 Cherry Avenue
San Jose, CA 95118
Subject: Security Gate to Garage
2089 South Bascom Avenue
Dear Mr. Passaro:
Thank you for your letter dated November 5, 2001, wherein you describe your desire to secure
the parking garage for the commercial building located on the subject property. The Community
Development Department does not oppose the gating of this parking area, however, the parking
provided in this area is required by the Zoning Ordinance. This requirement implies that this
parking area shall be available for your tenants, their employees and their customers if so
desired· Due to the security issues you have experienced, a card or keyed access to this parking
area is not considered unreasonable. The Building Division should have reviewed your security
gate to ensure emergency access to and from the garage.
It is important that this garage area not be used for warehousing purposes and/or rented out to
other off-site users for parking purposes. This commercial building was approved based upon the
provision of this parking area for the use and enjoyment by the commercial uses on this site.
Please do not hesitate to contact me if you have any questions regarding this determination.
Sincerely, '--.-~g~. ,
Sharon Fierro
Community Development Director
Manager, Champion Billiards
Tim Haley, Associate Planner
70 North First Street . Campbell, California 95008-1436 · TEL 408.866.2140 . FAX 408.866.8381 · TOD 408.866.2790
1995 Passaro Uving Trust
4431 Cherry Ave
San Jose, CA 95118
November 5, 2001
Ms. Sharon Fieno
Community Development Director
City of Campbell
17 North 1~ Slreet
Campbell, CA 95051
RE: 2089 South Bas(om Avenue
Dear Ms. Fierro,
This letter is being sent to call your atlention to the recent conversation my Property Manager, Ms,
Una Fava, has had with one of my tenants, Champion Billiards and per my subsequent
conversation ~th Mr. Tim Haley, Associate Planner for the City of Campbell Planning Depatmont,
regarding the use of my underground garage located at 2089 South Bas(x)m Ave, Campbell, CA.
As you are well aware, Champion Billiards has lodged several complaints fo the City of Campbell
throughout 2001 regarding their neighbor Axxess Umousine, and has also contested the proposed
Change of Use Permit to operate a limousine service at 2089 South Bascom Avenue in August
2001 effectively ensuring ~e eviction of that tenant. Champion Billiards has also subsequently
petitioned the Planning Commission to incorporate the use of a 'gaming fadlity' in C-1 zoning
areas within the City limits of Campbell, thereby effecljvely securing a business location lransition
from my building to another building currently zoned C-1. I am currently faced with a short and
long term loss of income from the efforts of Champion Billiards and operating the center at a loss.
As per a November 1, 2001 (onversatlon with Ms. I_ina Fava dba Sunrise Properlies, Champion
Billiards now contends that they would like to have the underground parking slmcture at 2089
South Bascom opened for patron use. They have threatened to instigate'further t~ouble v,~th the
City' in this matter. As a lancllo~d and property owner for over 20 years, I have never had problems
with tenants and never to the degree I am having with Champion Billiards.
As a business owner and property owner within the City of Campbell for over 20 yeas, it has been
my contention that the City of Campbell has always been reasonable in their policies, requests,
and Coundl Decisions. I have never lodged complaints to any of my tenants or the City. More
specifically, I have not acted or complained against any disruptive activities such as vandalism,
threats, and the non-permitted use of various public areas which have ca~sed me to place tour
separae insurance claims for property dest~uclion caused by p~ons of Champion Billiards.
Neighboring tenant windows have been destroyed as well as part of the perimeter fence. Many of
the Champion Billiard patrons, who are minors, continue to drink beer and loiter about the premises
past curfew and business operating hours. Neighbors have lodged complaints with the Police
E'd 89~L'£~'[88 ouesse8 oueuue3 dCO:80 10 90 ^ow
Department regarding the disruplJve behavior of Champion Bjlliard's patrons. First Funding
CorporalJon, the business ova~er adjacent to 2089 South Bascom, has also experienced many
problems with the patrons of Champion Billiards, inducing the dos~uclJon of flower pots and flower
beds, outdoor sealing areas such as chairs and tables, and the theft of umbrellas and other items
on his property. I have always given alt my tenants the benefit of the doubt and enabled them to
conduct their businesses in the most profitable manner possible. I am however now concerned
with Champions most recent request and threats to have me open the garage for public use.
Six months alter the initial opening and development of 2089 South Bascom in 1984, the
underground garage has been kept closed due to public safety and tenant security issues. I have
bund drug paraphernalia and caught people using illegal (~'ugs as well as vagrants sleeping in the
underground slructure, vandalism and spray pain§ng of the walls, and tires being lit in steel cans
and contained areas. These aclivities pose a signiticant risk to public safety, tenant safety, and the
overall secudty of the building. The City of Campbell Planning Department staff has been aware of
these inddencas since 1985 and has also been aware of the closure of the garage since. The
closure of the garage for public use has never effected pa~ing demand for tenants and patrons. A
billiard facility has been opera~ng at 2089 South Bascom for over 12 years without the need for
underground pa-king because that business typically is busy only between the hours of 6:00 pm
and 2:00 am, when ail other surrounding businesses are dosed. Therefore, the billiard
establishment has always had full use of the entire aboveground paking area for their patrons,
The establishment occupies approximately 4,000 square feet and should have a parking demand
of no more than approximately 20 spaces. The abeveground area contains over 36 spaces, almost
double the currenlly required parking orcinance demand.
Please understand that in my effort to comply with ail tenant demands while maintaining good
landlord - tenant relalions and abiding by all City ordinances and requests, I have been forced to
now operate my property at a loss. What concerns me more however are the potential loss of
tangible real property and the safety of the public and my tenants should the underground garage
be left open. I tirmly believe that it is in the best interest of all pa-lies involved to keep the garage
closed and not be ulilized for public use. This has been my contenlion since the development of
the property. I am simply mques~ng to operate the property as it has been since 1985. Should
however ~e City of Campbell force me to open the underground area for public use, I believe that
the City should in some way accept liability for any potential loss of life or injury to tenants or the
public. Thank you kindly.
Sincerely,
Biagio Passaro
~'d 89~L'C~'l~8 oaess~d oJ~uua~ d~O:~O I0 90 ^o~
i ESS
I USINE, INC.
October 10, 2001
City of Campbell
70 N. First Street
Campbell, CA 95008
ATT: Tim Haley
RE: Building space at 2089 S. Bascom Ave in Campbell
Dear Mr. Haley:
This is to advise you that Axess Limousine, Inc. will be vacating the premises at the
Bascom Business Center (2089 S. Bascom Avenue) by the end of October 2001. I
apologize for the delay but finding a new location proved to be difficult.
Should you have any questions or require any other information please feel free to call
me. I appreciate all your help and patience in this matter.
Sincerely;
Sharif M~rg;17r~.,~ ~,,)J
C.E.O.
Axess Limousine, Inc.
2089 S. Bascom Ave. · Campbell, CA 95008
(408) 371-6068 · Fax: (408) 371-6043 · 1-800-282-9377
TCP/PSC-7141
MEMORANDUM
City of Campbell -- Community Development Department
70 N. First Street, Campbell, CA 95008
Tol
From:
Date:
Re:
File
Tim Haley, Associate Planner
October 4, 2001
Request of letter regarding termination of use
I spoke to the manager of Axess Limousine on this date regarding terminating the use at this property.
He indicated that a Santa Clam location fell through but he was pursuing a Mcglincey lane property and
that they were hoping to move by midmonth. I asked for a letter giving a time line and the location they
were relocating to.
September 18, 2001
Note to file
Subject: 2089 S. Bascom
Limousine Service
I spoke to Biago Passaro today regarding the tenancy of the limousine service. He indicated that they are
supposed to move out by the end of the month.
CITY oF CAMPBELL
Community Development Department - Current Planning
August 16, 2001
Mohammed Tayarani-Beegharn/Axess Limosine Inc.
2089 S. Bascom Avenue
Campbell, CA 95008
Re: PLN2001-51 - 2089 S. Bascom Avenue - Denial of Use Permit
Dear Applicant:
Please be advised that at its meeting of August 14, 2001, the Planning Commission
adopted Resolution No. 3370 denying a Conditional Use Permit to allow the
establishment of a limousine service within an existing commercial building on the
above-referenced property.
This denial is effective in ten days, unless appealed in writing to the City Clerk.
California Code of Civil Procedure, Section 1094.6, governs the time within which
judicial review of this decision must be sought.
Due to the Planning Commission action, it will be necessary that you immediately
terminate the use of this site for the storage of limousines and other vehicles associated
with your business.
If you have any questions about this time table or denial, please do not hesitate to contact
me at (408) 866-2140.
Sin??
Tim J. Haley
Associate Planner
CC:
Frank Mills, Building Department
Chris Veargason, County Fire Department
Harold Housley, Public Works Department
Biagio & Gelsomina Passaro (Property Owners)
443 t Cherry Avenue
San Jose, CA 95118
70 North First Street . Campbell, California 95008-1436 . TEL 408.866.'2-140 . FAX 408.866.8381 · TDD 408.866.2790
RESOLUTION NO. 3370
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL DENYING A CONDITIONAL USE
PERMIT (PLN2001-51) TO ALLOW THE ESTABLISHMENT OF A
LIMOUSINE SERVICE WITHIN AN EXISTING COMMERCIAL
BUILDING ON PROPERTY LOCATED AT 2089 S. BASCOM
AVENUE IN A C-2-S (GENERAL COMMERCIAL) ZONING
DISTRICT. APPLICATION OF MR. MOHAMMED TAYARANI-
BEEGHAM. FILE NO. PLN2001-51.
After notification and public heating, 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 PLN2001-51:
It is not desirable to locate the proposed limousine service at this location due the limited
on-site parking available to the remaining tenants that share this commercial building.
It is not desirable to locate the proposed limousine use at this location in that the project
site is a smaller commercial property that has limited accessibility and vehicular
circulation due to the narrowness of the site and difficulty in accessing the garage
parking. The site is inadequate in size to accommodate the required parking, loading, and
storage activities of the proposed use:
a. Customer access to the garage is constrained due to the narrowness of the parcel and
the need for vehicles to turn 180 degrees to enter the garage.
bo
The propose tenant space represents 9 percent of the building's square footage but
occupies exclusively 30 percent of the on-site parking thus create an excess parking
demand for the commercial uses on the site.
c. There is no on-street parking to compensate for a lack of off-street parking at this
location.
do
The current parking area is in a state of disrepair with numerous fractures in the
concrete thus making circulation movements more difficult for patrons using the
parking area.
The exclusive use of the garage area for storage purposes establishes a storage use that is
creating an additional parking demand of 20 spaces beyond the use of the commercial spaces
in the building.
The proposed use consists of the operation of a limousine business, including the storage of
vehicles and related office use.
Planning Commission Res..,tion No. 3370
PLN2001-51 - 2089 S. Bascom Avenue- Denial of Use Permit for Limousine Service
Page 2
o
The project site has a net area of 32,200 square feet with a multi-tenant retrial building of
approximately 10,348 square feet that includes a 900 square foot office area and a garage
area of approximately 7,682 square feet.
The approved site plan provides thirty-seven (37) parking spaces at grade and fifteen (15)
parking spaces in the garage beneath the retail building.
7. The site is occupied by a florist, nail shop, hairdressers, pizzeria, billiard/amusement
establishment and general office.
8. The proposed use would occupy 900 square feet as an office space and the entire garage.
9. The proposed use would employ three (3) full time employees and three (3) part-time
employees seven days a week, and would involve the use of approximately eighteen (18)
vehicles for hire.
10. The City has received numerous complaints about the lack of parking on-site.
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
The establishment, maintenance, or operation of the use applied for will 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 detrimental or injurious to property
and improvements in the neighborhood or to the general welfare of the City. The proposed
use would probably significantly disturb the peace and enjoyment of nearby residential
neighborhoods.
The proposed site is not adequate in size to accommodate the parking, loading facilities,
storage needs and other development features required in order to integrate said use with uses
in the surrounding area or other uses sharing the project site.
3. The proposed site does not have adequate vehicular circulation to carry the kind and quantity
of traffic such uses would generate
The proposed use is not compatible with the uses in the area and within the commercial
complex. The proposed use would likely create a nuisance due to problems involving noise,
parking, traffic or other factors;
Planning Commission Reso~-,tion No. 3370
PLN2001-51 - 2089 S. Bascom Avenue- Denial of Use Permit for Limousine Service
Page 3
PASSED AND ADOPTED this 14th day of August, 2001, by the following roll call vote:
AYES: Commissioners: Doorley, Francois,
and Lowe
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
Gibbons, Hernandez, Jones, Lindstrom
APPROVED:
Mel Lindstrom, Chair
ATTEST:
Sharon Fierro, Secretary
ITEM NO. 2
STAFF REPORT - PLANNING COMMISSION MEETING OF
August 14, 2001
PLN2001-51
Tayarani-Beegham, M.
Public Hearing to consider the application of Mr. Mohammed Tayarani-
Beegham for approval of a Conditional Use Permit (PLN2001-51) to
allow the establishment of a limousine service within an existing
commercial building on property located at 2089 S. Bascom Avenue in a
C-2-S (General Commercial) Zoning District. This project is
Categorically Exempt.
STAFF RECOMMENDATION
That the Planning Commission takes the following action:
Adopt a resolution, incorporating the attached findings, denying a conditional use permit to
allow the establishment of a limousine service within the existing commercial building on the
project site.
ENVIRONMENTAL DETERMINATION
This project is categorically exempt under Section 15301 class l(a) (Existing Facilities) of
CEQA; therefore, no environmental action is required.
PROJECT DATA
Net Lot Area:
Building Area:
Multi-tenant retail building:
.76 acres (33,200 sq. ft.)
10,348 sq. ft.
Tenant office space:
Garage space:
900 sq. ft. (9 %)
7,682 sq. ft.
Parking Required: Retail 10,348 ~ 1:200 per square foot = 52 spaces
Parking Provided: 52 spaces (37 surface parking spaces and 15 underground garage spaces)*
* The applicant is proposing 8 additional parking spaces within the garage area in a tandem arrangement
thus storing vehicles in the driveway aisle of the garage.
Surrounding Uses:
North:
East:
South:
West:
Office and Duplexes
Office and Retail (across Bascom Ave.)
3 story office building
Apartments
Staff Report - Planning Commissxma Meeting of August 14, 2001
PLN2001-51 2089 S. Bascom Avenue
Page 2
DISCUSSION
Background: The project site was developed with a single story retail building in 1981. The
approved site plan provided 37 parking spaces at grade and a parking garage beneath the building
with 15 parking spaces.
The project site is located on the west side of South Bascom Avenue between Campbell and
Apricot Avenues. The site is a multi-tenant retail building that is shared with a florist, nail shop,
hairdressers, pizzeria, billiard/amusement establishment, general office and the requested
limousine service.
Applicant's proposal: The applicant is requesting approval of a conditional use permit to allow
the establishment of a limousine service on the property. The limousine service office would
occupy 900 square feet of the building area within the existing commercial space and the
complete garage area of 15 parking spaces for storage of vehicles.
The applicant is leasing a 900 square foot area as an office space. This space represents
approximately 9 percent of the commercial building area. Additionally, the applicant is
requesting approval of a use permit to convert the garage area under the building into a storage
area for the limousines and cars. This garage area accommodates 15 parking spaces or 29 percent
of the building's parking spaces.
The applicant's description indicates that he has 18 vehicles of which 8 are limousines and 10 are
luxury sedans. Operational hours are described as 5:00 a.m. to 12:00 midnight, with 3 full time
employees and 3 part-time employees, seven days a week.
ANALYSIS
General Plan Designation: The General Plan land use designation for the project site is
commercial. The proposed use is consistent with this land use designation.
Zoning Designation: The zoning designation for the project site is C-2-S (General Commercial).
The use is permitted subject to approval of a Conditional Use Permit in this zoning district. Auto
leasing and rental businesses have been permitted within this zoning district, subject to approval
of a conditional use permit.
Building Design: No architectural changes are proposed with the modification of this business
operation.
Parking: The Zoning Ordinance requires the provision of 52 parking spaces for this commercial
building. The approved project provided 37 parking spaces on a surface lot and 15 parking
spaces in a garage below the retail spaces or a total of 52 parking spaces.
The parking ordinance establishes parking standards with a concept of parking spaces being
available to retail and office users. The conversion of the garage area to exclusive storage space
for the limousine service effectively is creating a storage space of 7682 square feet. A storage
Staff Report - Planning Commissxun Meeting of August 14, 2001
PLN2001-51 2089 S. Bascom Avenue
Page 3
space of this size would warrant the provision of 20 additional parking spaces as a warehousing
use.
Landscaping: No changes are proposed to the existing landscaping.
Limousine Service Use: The limousine office space is occupying 900 square feet or 9 percent of
the building area and the complete garage area of 7,682 square feet. The office area occupies
approximately 9 percent of the building area and the garage area accounts for 30 percent of the
approved parking. Staff finds that the proposed use occupies a disproportionate share of the
parking facilities for this multi-tenant commercial building and that it creates an exclusive
parking demand for one tenant within the project, thus depriving the use of shared parking
facilities to other tenants within this commercial complex.
Additionally, the relatively small turning radius in the parking area does not lend this site to the
establishment of a limousine service that has larger vehicles. The storage of limousines
additionally is not possible within standard parking spaces, thus requiring the parking of such
vehicles in a valet arrangement and restricting access to other parking spaces. Consequently, staff
is recommending denial of the applicant's request.
Historic use of Garage Area: The garage area of this project was historically underutilized and its
lack of usage created security concerns. Consequently, the property owner was allowed to install
a security gate to the garage area. This limited access resulted in the conversion of a portion of
the garage area and parking spaces into unapproved storage spaces. These storage spaces have
been removed.
Complaints: The Planning Division has received on-going complaints regarding the lack of
parking associated with this commercial development. Additionally, concerns have been
expressed regarding the repair and maintenance of vehicles in the garage area. An investigation
by the City's code enforcement office has verified the storage of vehicle supplies such as tires,
lubricants, and batteries, however, actual work on vehicles was not verified.
Site and Architectural Review Committee: The Site and Architectural Review Committee
reviewed this application at its meeting July 10, 2001. The Committee was not supportive of the
application in that the proposed use required a disproportionate share of the parking for storage
purposes.
Staff Report- Planning Commiss~,,a Meeting of August 14, 2001
PLN2001-51 2089 S. Bascom Avenue
Page 4
ATTACHMENTS
2.
3.
4.
5.
Prepared by:
Approved by:
Findings for Denial of File No. PLN 2001-51
Conditions of Approval of File 2001-51
Applicant's Description and Abstract - dated April 13, 2001 and May 8, 2001
Exhibits
Location Map
T~~Planner
Geof[ i. Brld[ey, Senior ml~
Attachment # 1
FINDINGS FOR DENIAL OF FILE NO. PLN2001-51
SITE ADDRESS:
APPLICANT:
P.C. MEETING:
2082 S. Winchester Blvd.
Mohammed Tayarani-Beegham - Axess Limousines
August 14, 2001
Findings for Denial of a Conditional Use Permit to allow the establishment of a limousine
service in an existing building located at 2089 S. Bascom Avenue
The Planning Commission finds as follows with regard to File No. PLN 2000-51.
o
It is not desirable to locate the proposed limousine service at this location due the limited
on-site parking available to the remaining tenants that share this commercial building.
It is not desirable to locate the proposed limousine use at this location in that the project
site is a smaller commercial property that has limited accessibility and vehicular
circulation due to the narrowness of the site and difficulty in accessing the garage
parking.
The site is inadequate in size to accommodate the required parking, loading, and storage
activities of the proposed use:
a. Customer access to the garage is constrained due to the narrowness of the parcel and
the need for vehicles to turn 180 degrees to enter the garage.
bo
The propose tenant space represents 9 percent of the building's square footage but
occupies exclusively 30 percent of the on-site parking thus create an excess parking
demand for the commercial uses on the site.
c. There is no on-street parking to compensate for a lack of off-street parking at this
location.
do
The current parking area is in a state of disrepair with numerous fractures in the
concrete thus making circulation movements more difficult for patrons using the
parking area.
The exclusive use of the garage area for storage purposes establishes a storage use that is
creating an additional parking demand of 20 spaces beyond the use of the commercial
spaces in the building.
Findings for Denial - Plannfi~g Commission Meeting of August 14, 2001
PLN2001-51 - 2089 S. Bascom Avenue
Page 2
5. The project site has a net area of 32,200 square feet with a multi-tenant retrial building of
approximately 10,348 square feet, that includes a 900 square foot office area and a garage
area of approximately 7,682 square feet.
6. The approved site plan provides thirty-seven (37) parking spaces at grade and fifteen (15)
parking spaces in the garage beneath the retail building.
7. The site is occupied by a florist, nail shop, hairdressers, pizzeria, billiard/amusement
establishment and general office.
8. The proposed use would occupy 900 square feet as an office space and the entire garage.
9. The proposed use would employ three (3) full time employees and three (3) part-time
employees seven days a week, and would involve the use of approximately eighteen (18)
vehicles for hire.
10. The City has received numerous complaints about the lack of parking on-site.
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
The establishment, maintenance, or operation of the use applied for will 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 detrimental or injurious to property
and improvements in the neighborhood or to the general welfare of the City. The proposed
use would probably significantly disturb the peace and enjoyment of nearby residential
neighborhoods.
The proposed site is not adequate in size to accommodate the parking, loading facilities,
storage needs and other development features required in order to integrate said use with uses
in the surrounding area or other uses sharing the project site.
The proposed site does not have adequate vehicular circulation to carry the kind and quantity
of traffic such uses would generate
The proposed use is not compatible with the uses in the area and within the commercial
complex. The proposed use would likely create a nuisance due to problems involving noise,
parking, traffic or other factors;
Attachment #2
PLANNING COMMISSION CONDITIONS OF APPROVAL FOR FILE NO. PLN 2001-51
SITE ADDRESS:
APPLICANT:
P.C. MEETING:
2089 S. Bascom Avenue
Tayarani -Beegham, M.- Axess Limousines
August 14, 2001
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
Califomia. The lead department with which the applicant will work is identified on each
condition where necessary. Where approval of 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 items 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
1. Approved Project: Approval is granted for a Conditional Use Permit (PLN 2001-51) to allow
the establishment of a limousine service in an existing commercial building on property
located at 2089 South Bascom Avenue. Approval shall substantially conform to the project
exhibits listed below, except as may be modified by the Conditions of Approval contained
herein:
A. Site plan of the shopping center dated April 30, 2001, prepared by LRS Associates.
B. Applicant's letter of abstract dated April 13, 2001 and May 8, 2001.
C. Limousine service to be restricted to 8 limousines and 10 luxury sedans at this location
and a maximum of 6 office employees.
2. Hours of Operation: The hours shall be restricted to the following:
Monday - Sunday: 5:00 a.m. to 12 midnight
No auto repair or servicing permitted: Approval of the limousine service at this location is
limited to storage and parking of vehicles in the garage area only. No vehicle maintenance or
repairs shall be permitted at this location.
Noise:
A. Noise Standard: Any noises, sounds and/or voices, including but not limited to loud
speakers and sounds generated by uses from the limousine service shall not be audible to
a person of normal hearing acuity from any residential property adjacent to the project
site.
Conditions of Approval - Planning Commission Meeting of August 14, 2001
PLN2001-51 - 2089 S. Bascom Avenue
Page 2
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 limousine service, may limit the operational hours and/or may require a Noise
Management Plan to be submitted by the applicant consisting of an acoustical study by a
qualified acoustical engineer for recommendations to attenuate the noise. The Noise
Management Plan shall require implementation of the mitigation measures as determined
in the acoustical study to comply with the noise conditions as herein included in these
Conditions of Approval.
C. Exterior Speakers: No audio sound system, music, public address system, and/or speakers
shall be used in association with the limousine service.
o
Limousine Service Area: The storage area used for the limousine service shall be restricted to
the garage area under the building. This area shall accommodate all storage and parking
needs of the proposed use including the parking of employees and customers vehicles. No
surface parking lot spaces shall be used by employees or customers of the limousine service.
°
Conditional Use Permit Approval: The Conditional Use Permit is subject to revocation and
hearing by the Planning Commission, in the event any conditions of approval are violated or
are not fulfilled.
PUBLIC WORKS DEPARTMENT:
8. Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building
permits, the applicant shall comply with the National Pollution Discharge Elimination
System (NPDES) permitting requirements and the California Storm Water Best Management
Practices handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley
Water District and the City of Campbell Municipal Code regarding Storm Water Pollution
Prevention.
Attachment #3
USE PERMIT REQUIREMENTS ABSTRACT
Supplemental Application:
The Supplemental Application is attached and Project Summary has been filled out.
currently occupy retail space at 2089 South Bascom Avenue, Campbell, CA 95008 dba
Axess Limousine, Inc. I own and operate a limousine rental service.
The subject building consists of a Ground Floor of 10328.25 square feet, of which I
occupy 900 square feet. The basement consists of 9712 square feet, 7682 square feet of
which is for parking. I am respectfully requesting to use the 7682 square feet of
basement space to park my company vehicles. The current permitted use of the 7682
square feet is for parking. I am currently using the 7682 square feet to park my company
vehicles. I am requesting a Change of Use from public parking to private parking to
allow me to park my company vehicles.
I currently have 3 full time employees and 3 part-time employees. My business operates
from 5:00 am to 12:00 midnight, Monday through Sunday according to the following
shifts and employee times:
Part-Time Employees:
· 2 ,~ 10:00 am to 2:00 pm, Monday through Friday
* 1 ~ 12:00 noon to 4:00 pm, Monday through Friday
Full-Time Employees:
· 1 ~ 5:00 am to 1:00 pm, Monday through Sunday
· 1 ~ 9:00 am to 5:00 pm, Monday through Sunday
· 1 ~ 4:00 pm to 12:00 midnight, Monday through Sunday
I signed a Lease Agreement with landlord in December 2000 for a five year period,
through November 31, 2005. The City of Campbell issued me a business license in
November 2000 and I subsequently registered my fleet of vehicles also with the City. At
the time, I had 20 vehicles. Currently, due to accidents, I own and use only 18 vehicles.
Of the 18 vehicles, 10 are luxury sedans and 8 are limousines. The luxury sedans are
kept v,'ith contracted drivers at the driver's homes. The limousines are kept on the
premises, currently being parked in the under ground parking garage. There are a total of
8 limousines. Should a driver need a limousine instead of using his/her sedan, the driver
switches the sedan with the limousine and therefore, there are never more than a total of 8
vehicles on site at any given time. Assuming a worst case scenario due to contractor loss,
there ~vould never be more than 12 total vehicles on site at any given time.
The shopping center has been operating since 1985 with the parking garage under ground
closed off to the public. The City of Campbell has been aware of this since 1985. The
landlord closed off the area because he found vagrants living under ground in the parking
structure and had many people vandalize the under ground area as reported to the City of
Campbell in 1985. Other activities included building fires in drums to keep warm. This
presented not only a safety hazard for the building and the public, but also threatened
tenants businesses and created a significant liability for the center. In addition, tenants
and customers did not feel safe parking under ground. The decision to close off the under
ground parking area was made in 1985 with the consent of the City,. Parking under
ground has never been utilized since the building was built. I am respectfully requesting
to be allowed to continue on operating my business in the City, of Campbell. However in
order to do so, I must be able and park my limousines under ground. This change of use
would not impact the available parking situation for the following reasons:
o
The under ground parking garage has never been used for parking and this never
impacted any business in the center throughout the 16 year history of the building.
My business does not incur patrons who must utilize parking areas. The retail
space occupying my current premises prior to December 2000 was a clothing
store, which required parking for a steady stream of customers from Monday
through Sunday from 9:00 am to 9:00 pm. Alternatively, I have no walk-in
clients, patrons, or any vendor that would ever use the parking areas above
ground.
The landlord has commissioned a parking striper to re-assess and re-allocate
parking within the above-ground area (attached) and has proposed to increase the
current number of parking spaces above ground from 36 to 47, effectively
increasing the number of parking spots by 11.
Additionally, as a limousine rental business tenant versus a conventional service or retail
tenant, I have decreased customer flow to the shopping center lessening the amount of
spaces needed. My part-time employees work split shifts who create an impact of only 1
full time employee during normal business hours (9:00 am th.rough 5:00 pm) because tsvo
of the three part-time employees commute together. My full-time employees work either
very early morning or late night shifts, effectively impacting normal business hours
equi~'alent to 1 employee.
My business has decreased the total impact to above ground parking at the shopping
center due to the absence of customers. This has also decreased traffic generation in the
center. The shopping center has been historically operating with only above ground
parking since 1985. I contribute to no additional noise or other impacts to the center or
neighboring community. My use of the under ground parking garage does not conflict
with any historical or permitted use of the under ground area. nor does it conflict with
any neighboring businesses in the center or the area. The garage has been closed for over
16 years.
Therefore, I am respectfully requesting to be allowed to use the 7682 square feet of under
ground parking to park mv vehicles. As a result of this request, the landlord has
promised to re-stripe the above ground parking area to accommodate 11 more vehicles
for use by other tenants. Should you not grant this Change of Use, I will most certainly
need to relocate my business at a great expense. This would also impact the landlord and
the City from a loss of revenue and taxes. Thank you for your consideration.
Sincerely,
Mohammed Tayarani-Beegham dba Axess Limousine Inc.
(date)
g May 2001
City of Campbell
Planning Department
70 North 1 st Street
Campbell, CA 95008
RE: Change of Use Permit for 2089 South Bascom Ave
To Whom it May Concern.
I am respectfully submitting a.n updated Plot Plan for 2089 Sout.b. Bascom Ave,
Campbell, CA (Bascom Center) to con2piete the Change o£ Use Permit Application
requirements. The Change of Use Permit was filed on 27 April 2001.
The attached Plot Plan shows a legal allocation of parking spaces t~ Bascom Center.
Considering all municipal requirements for parking areas, the above grotmd area
currently accommodates and will cont:.nue to provide 34 parking spaces. The
underground parking structure may accommodate 20 parking spaces giving the center a
total of 54 legal parking spaces. In considering the 10348 to.mi square feet of reta/1 space
at Bascom Center, 52 parking spaces ~e required (I space per 200 squ~e feet).
Of the 10348 total square feet of retail space, 4730 square feet are being occupied by
Champions Billiards (poor and arcade gaming facility). Champions Billiards operates
from 12:00 noon to 2:00 am. Monday thru Sunday vdth an almost zero customer base
fi'orn 12:00 noon unfit 6:00 pm daily. The Billiard facility
. v ...... almost no strain upon
the common areas of the center dtuing normal business hours and does net impact
parking areas until after 6:00 pm. Cons:.:dering the use of Champions Billiards and/ts
impact on the center during normal business horn's, the center actually operates as a 5618
square foot retail building. Parking requirements for 5618 square feet of retail space can
easily be met through the use of only the above-ground parking area. The necessary.
.xmount of parking spaces for 5618 square feet ofretai! space is 28. Tko above ground
parking area provides for 34. The shopping center has had a pool and ax'cade tenant with
remaining retail tenants for t 4 of its past 16 year history, Dr, ring this time, the
underground structure has remained closed mud above ground parking has never been
impacted adversely.
In terms of pubiic demand. Bascom Center operates as a 5618 square foot retail center
during normal business hours and has historically easily accommodated for its retail
tenants and customers hSrough the use of the above ground Wa'king area only. After 6:00
pm the majority of other tenants close tb_eir business and Champions Billiards operates
freely until closing. The remaining ten~ts include a florist shop, ha/r studio, nails salon.
pizza delivery service, and an electronics company. With the exception of the pizza
deliver;..' business, all remaining tenants close for business in the evening when Champion
Billiards begins to receive its customers.
Axess Limousine does not have a customer base and two of the three part-time
employees commute while of the 3 total full time employees, each work split shifts
covering a 24 hour shift. Axess limousine would be an ideal tenant for the building as the
underground parking area can easily facilitate the storage of 8 limousines and 4 sedans as
depicted on the attached Plot Plan. As per the "abstract" submitted on 27 April 2001,
Axess Limousine impacts the parking areas significantly less than a conventional retail
tenant, further lessening public demand to parking areas. The change of use requested for
the underground parking area to accommodate private automobile parking would be an
ideal use for the center. Should you require further info..,'mation, please do not hesitate to
contact me. Thank you.
Since. j'~ly,~
Mohammed '~J}arani-~eeghum dba ,~xess Limousine, Inc.
)__.L.il"l I .....
BASCOM RETAIL CENTER
2080 SOUTH BA,°,COM AVEMI..E
C^MI)BI:'U_, CALI:Ot-INIA
CypR¢.~SS ', .
- /
¢.AMPtRI
0
CAMPBELL
L_
APRICOT
-- ~.C:;T VAII Fy
Attachment #5
MCBAIN
FFWTRFI I
'Project Location
~ F~ Rnl y(")
SHADYDALE
Fl M~RQ __
R~NT
LOCATION MAP
2089 S. Bas¢om AYenue (?T,N2001-51)
Use ?ermit
Legend
Scale: 1" = 500'
'~' 300-foot buffer
~ City Limits
--- Parcel Lines
1995 Passaro Living Trust
4431 Cherry Ave
San Jose, Ca 95 i 18
August 10, 2001
Mr. Tim Haley
Associate Planner
City of Campbell Planning Department
17 North l~t Street
Campbell, CA 95051
RECEIVED
CITY OF CAUP ELL
PLANNING DEPT,
RE: Change of Use Permit for 2089 South Bascom Avenue
Dear Mr. Haiey,
This letter is being sent to express my sincerest thanks for all the efforts of the City of
Campbell Architectural Review Committee, Planning Staff~ and Planning Commission to
consider the proposed Change of Use Permit for 2089 South Baseom Avenue, Campbell,
CA on behalf of Axess Limousine, Incorporate&
As the landlord, I feel that I have done everything in my power, while remaining fair and
impartial to all tenants at the 2089 South Baseom Avenue Building, in assisting Axess
Limousine to obtain a Change of Use Permit. While I understand that all Business
Licenses must undergo Planning Department review prior to being issued, I was also lead
to believe by members of the P}anning Staffthat the proposed use would be congruent to
Campbell City Ordinance Chapter 21. I had hoped that the proposed Change of Use
Pecnfit, if granted, would benefit my tenants, existing neighbors in the immediate
community, and the City of Campbell
I have attached a copy of a letter sent to Mr. Tayarani-Beegham of Axess Limousine on
August 10, 2001 for your records. Please understand that as a business owner in the City
of Campbell for almost 20 years, and having maintained an excellent relationship with all
tenants as well as the City of Campbell, my inteut has been and will always continue to
be in the interest of maintaining good landlord-tenant relations as well as accommodating
all requests and requirements of the City of CampbelL Thank you for all your time and
effort.
Sincerely,
Biagio Passaro
Attachment: August 10, 2001 Letter to Mr. Mohammed Tayarani-Beegham
August 10, 200i
1995 Passaro Living Trust
4431 Cherry Ave
San Jose, CA 95118
RE: Passaro Trust Letter to Axess Limousine, Incorporated.
RECEIVED
CITY OF CAMPBELL.
PLANNING DEPT.
Attn: Mohammed Tayarani-Beegbam
Dear Mr. Tayarani-Beegham
You by now know ttmt the effort to obta.m a variance to the City of Campbell parking
requirements, for your store and limousine operations, has met opposition from the_ City of
Campbell plarning director and her staff. The City planning staff has issued a recommendation
against allowing any change in the City of Campbell parking requirements, that is required to
make Axess's use of tine Shopping Center property, comply with Campbell City Ordinances,
Chapter 21.50.
The petition to the City to obtain a variance for Axess Limousine to that Ordinance, focused on
Section 21.50.020. The Section provides that the planning commission may permit parking
spaces to be shared between users - when parking demands occa~r at different times.
Unfortunately, the City staff did not agree that the Limousine company's use was at different
While we are disappointed with the staffs decision, we do not intend to challenge the ruling.
The final hearing by the planning commission is scheduled for Augx~t 14, 2001 at the Campbell
City HaIL If Axess Limousine wants to make_ the effort to change the Cit3r's position, as was
recommended by the City planmng staff, you or another offidal representative of your
company must appear to make that appeal We, as the Landlord, have done ail we can to assist
Axess in obtaining the requested variance. However, it is our intent to abide by the
recommendations of the City s~fff. We do not want to get into a argument or legal baffle with
the City of Campbell about the decision - that is Axess's responsibility.
Should the variance be denied and the requested Use Permit be denied, we believe that the City
will no longer allow Axess to use. the Shopping Center property to park its limousines. If that
happens, we are ready to allow Axess to terminate its Lease with us, based on commercial
frustration. If, however, Axess decides to fight the City, loses and refuses to comply with ~
City ruling or the City red tags or otherwise takes action against Axess, you and/or us, as
Land,rd, then we wffi use any available legal means to terminate your Lease and protect our
interest in the property.
Sin_ce~ty, ...
Cc: Mr. Tim Haley, Associate Planner
City of Campbell, Planning Department
ITEM NO. 4
STAFF REPORT - PLANNING COMMISSION MEETING OF
JULY 24, 2001
PLN2001-51
Tayarani-Beegham, M.
Public Heating to consider the application of Mr. Mohammed Tayarani-
Beegham for approval of a Conditional Use Permit (PLN2001-51) to
allow the establishment of a limousine service within an existing
commercial building on property located at 2089 S. Bascom Avenue in a
C-2-S (General Commercial) Zoning District. This project is
Categorically Exempt.
STAFF RECOMMENDATION
That the Planning Commission takes the following action:
1. Continue consideration of this application to the Planning Commission meeting of August
14, 2001, at the request of the applicant.
BACKGROUND
The project site was developed with a single story multi-tenant retail building in 1981. The
approved site plan provided 39 parking spaces at grade and a parking garage beneath the building
with 14 parking spaces. The applicant is requesting approval of a Conditional Use Permit to
allow the establishment of a limousine service on the property. The limousine service would
occupy 900 square feet of the building area with office uses and the complete garage area of 14
parking spaces for storage of vehicles.
The property owner has just returned from overseas and is ill. Consequently, a continuance of the
application is requested for 30 days.
Staff is recommending a continuance to the next Planning Commission meeting of August 14,
2001 or approximately 20 days.
ATTACHMENTS
1. Communication from Gennaro Passaro, dated July 17, 2001
2. Location Map [/~ (;~ 14_~
Prepared by:
Tim J. HaZy, Associate Planner
Approved by:
GeoffI. Bradley, Senior Plannlr
Tim Haley
From: Gennaro Passaro [gennaro_passaro@yahoo.com]
Sent: Tuesday, July 17, 2001 1:18 PM
To: tim haley
June 17, 2001
Mr. Tim Haley
Associate Planner
Planning Department
City of Campbell
RE: Change of Use Permit Application #PLN2000151
To Whom It May Concern:
As the property owner of 2089 South Bascom Avenue, I am in no physical condition to attend the
proposed July 24th, 2001 Planning Commission Hearing regarding the Change of Use Permit for
Axess Limousine. I am therefore requesting a 30 day continuance.
The Planning Department met and rendered a recommendation on July 10th, 2001 knowing full well
that the I was out of the county. I am respectfully requesting to be able and attend the Planning
Commission hearing however due to temporarty illness, I must have the hearing date rescheduled for
a later time. Should you have any questions, please feel free to contact me by email at
gennaro_passaroff~yahoo.com, by cell at 408.822.8919 or at my home at 408.264.5227. Thank you.
Sincerely,
Biagio Passaro
Do You Yahoo!?
Get personalized email addresses from Yahoo! Mail - only $35 a year!
http ://personal.mail.yahoo.com/
07/17/2001
CITY oF CAMPBELL
Community Development Department
July 13, 2001
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, July 24, 2001, in the City Hall Council Chambers,
70 North First Street, Campbell, California, for a Public Heating to consider the application of
Mr. Mohammed Tayarani-Beegham for approval of a Use Permit (PLN2001-51) to allow the
establishment of a limousine service within an existing commercial building on property located
at 2089 $. Bascom Avenue in a C-2-S (General Commercial) Zoning District. This project is
Categorically Exempt.
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 Heating 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 Plalming 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. PLN2001-51
Address: 2089 S. Bascom Avenue
70 North First Street · Campbell, California 95008-1436 - TEL 408.866.2140 · FAX 408.866.8381 - TDD 408.866.2790
ITEM NO.
PLANNING COMMISSION (SARC) MEETING OF
July 10, 2001
PLN2000-51
Public Hearing to consider the application of Mr. Mohammed Tayarani-
Beegham on Axess Limousine, for approval of a Conditional Use Permit
(PLN 2001-51) to allow the establishment of a limousine services in an
existing commercial building on property located at 2089 S. Bascom Avenue
in the C-2-S (General Commercial) Zoning District.
PROJECT DATA
Net Lot Area:
Building Area:
Parking Required:
Parking Provided:
Surrounding Uses:
North:
East:
South:
West:
.76 acres (33,200 sq. ft.)
Multi-tenant retail building: 10,348 sq. f.
Tenant space: 900 sq. ft. (8.7 %)
Retail ~ 1:200 per square foot = 52 (51.7)spaces
54 spaces (34 surface parking spaces and 20 underground garage
spaces)
Office and Duplexes
Office and Retail (across Bascom Ave.)
3 story office building
Apartments
DISCUSSION
Background: The applicant is requesting approval of a conditional use permit to allow the
establishment of a limousine service in an existing commercial building. The applicant is leasing a
900 square foot area or 8.7 percent of the building area as an office space in the building and is
requesting approval of a use permit to convert the garage area under the building into a storage
area for the limousines. This garage area accommodates 20 parking spaces or 37 percent of the
building's parking.
Applicant's Proposal: The applicant is requesting approval of a use permit to convert the garage
area under the building into storage space for the limousines and employee parking.
The project site is located on the west side of South Bascom Avenue between Campbell and
Apricot Avenues. The site is a multi-tenant retail building that is shared with a florist, nail shop,
hairdressers, pizzeria, billiard establishment and a limousine service. The billiard's tenant space
represents the largest space and occupies approximately 45% of the building and the limousine
service occupies 8% of the building.
Staff Report - Planning Commission Meeting of July 24, 2001
2089 S. Bascom Ave. - PLN 2001-51
Page 2
ANALYSIS
General Plan Designation: The General Plan land use designation for the project site is
commercial. The proposed use is consistent with this land use designation.
Zoning Designation: The zoning designation for the project site is C-2-S (General Commercial).
The use is permitted subject to a Conditional Use Permit in this zoning district.
Building Design: No architectural changes are proposed with the modification of this business
operation.
Parking: The Zoning Ordinance requires the provision of 52 parking spaces for the whole
building. The approved project provided 34 parking spaces on a surface lot and 20 parking spaces
in a garage below the retail spaces, a total of 52 parking spaces.
Landscaping: No changes are proposed to the existing landscaping.
Issues or Concerns:
· The applicant's storage needs require a disproportionate share of the provided
parking for the use. 35-37 percent of the parking is used for storage purposes and
only 8 percent of the building area is occupied.
Staff has received complaints regarding insufficient parking and use of the garage
area for repair, maintenance and painting purpose.
· The parking area at grade is in poor condition with numerous breaks in the
concrete.
· The size of the parking area and lot is not conducive to easy circulation for large
vehicles such as limousines.
· The storage of limousines prevents the use of other standard parking spaces.
To:
City Cl~
Please c~,¢ct and receipt
for the following monies.
ITEM
AMOUNT
A. 1+ acres -General Plan Amendment
Zone Change
Planned Development Permit
EIR Review
$4,836.00
4,836.00
4,836.00
4,836.00
0-1 acre
General Plan Amendment (552.4660)
Zone Change
Planned Development Permit
EIR Review
3,510.00
3,510.00
3,510.00
3,510.00
Minor:
A. Subdivision Map (5+ Lots)
Site and Architectural 10+ K S.F.
Tentative Parcel Map (4<Lots)
3,510.00
2,348.00
2,348.00
Bo
Site and Architectural 0-10 K. S.F.
Variance (Non-residential)
Text Amendments
Use Permit
1,692.00
1,692.00
1,692.00
1,692.00
Miscellaneous
Variance (Residential) 1,050.00
Modifications of Approval 1,050.00
Modification PD Permit 1,050.00
Reinstatements 1,050.00
Revised Development Schedule 1,050.00
Extensions of Time 1,050.00
Site and Architectural (Res/Each House) 131.00
Minor Modifications to Side Yard Setback (Residential) 131.00
Signs (Each Sign) 131.00
Sign Programs 500.00
Fence Exception 131.00
Promotional Events 131.00
Appeals
Downtown Development Permit
Historic Preservation Zone, Use Permit, lip Permit
0
0
0
Other
Maps
General Plan Text
Zoning Ordinance
Copies (per page)
Refundable Deposit -- Account 2203
Fire Department Review -- Account 01.303.3322
Architectural Approval
Project Plan Review
Subdivision
Park Impact Fee - Account 295.535.4920
6.50
19.00
23.00
1.O0(l"page,.lO ea add'l)
54.75
164.00
$109.50+ 10perloffunit
Tree Replacement In-Lieu Fees - Account 101.701.4971
For City Clerk Only
Receiv.~,d by ~'-'~0,d~. ......
Exception for Major Projects: It is anticipated that the application processing costs of selected major
projects will significantly exceed the above fees. In these cases, the Community Development Director
may collect a deposit and charge actua! time spent to process the application based upon current hourly
rates.
Note: Adopted on 06/06/00 by Campbell City Council Resolution No. 9687, effective 08/07/00.
City of Campbell -- Community Development Department
70 N. First Street, Campbell, CA 95008
MEMORANDUM
To:
From:
Subject:
File
Tim J. Haley, Associate Planner
Conditional Use Permit Application
Date: April 19, 2001
The applicant is requesting approval of a conditional use permit to allow the establishment of a limousine service in a
portion of an existing commercial building. The applicant is requesting approval to use an underground garage area for
storage purposes. The garage area was originally approved as 15 parking spaces of provided 54 on-site parking spaces (39
at grade) for the commercial use. A 10,328 sq. ft. space was originally approved.
10,328 ~ 1:200 = 51 parking spaces.
The applicant is leasing 900 square feet of the commercial space as an office and the garage below.
900 ~ 1:200 = 4.5 parking spaces
The attached business description identifies a need to park 8 limousines on site plus employee parking of 1 or 2 spaces.
A plan needs to be submit that illustrates how all parking associated with the office use can be handled in the garage.
The Commission also must consider a parking adjustment to allow 39 surface parking spaces for a 10,200 square foot
building.
The
ORCH
Development
Application
Planning Department 70 North First Street, Campbell, California 95008 (408) 866-2140
APN(S): ~(~Z.-~' l0 '" ~q
ZONING: C-2
PROPERTY ADDRESS: 2089 South Bascom Ave,
TYPE OF APPLICATION(S): Chanqe of Use
DATE FILED:
GENERAL PLAN:
Campbell, CA 95008
13 April 2001
APPLICANT: Mohammed Tavarani-Beegham dba Axess Limousine Inc.
ADDRESS: 2089 South Bascom Ave TELEPHONE: 1108 ) 371-6068
CITY/STATE: Campbel 1, CA ZIP: 95008
PROPERTYOWNER: Biagio and Gelsomina P~ss~ro
ADDRESS: 4431 Cherry Ave TELEPHONE: (408) 264-.~727
CITY/STATE: San Jose, CA zIP: 95118
Attach a separate sheet listing the names and addresses of others you wish to receive copies of staff reports and 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 tree and correct to the best of my/our knowledge and belief.
Applican~'¢ignature
13 April 2001
Date
~~r) . '~~~54r'3 13 April 2001
YlVfrop~ty 6~nerYs- Signature- Date
NOTE: Staff is required by State Law to notify applicants of the completeness of their applications within 30 days. Only
those applications which are found complete will be placed on the Planning Commission Agenda.
OFFICE USE ONLY
PC Meeting:
PC Action:
CC Meeting:
CC Action:
Fee Paid:
Receipt No:
Completeness Letter Sent:
300 Foot Notices Mailed:
Press Notice Published:
Notice of Prep/Public Review:
Notice of Doterminati~n:
: : Use Permit
°*c" ~° Supplemental Application
FILE NO.
PURPOSE
A Use Permit allows for special consideration of certain
specified uses which may be compatible with an area depending
on the specifics of the particular case. The Use Permit process is
designed to provide the City sufficient flexibility to determine
whether a specific land use on a certain site will be compatible
with its environs and the General Plan.
PROCESS
Project Consideration & Pre-Application Review: In reviewing
a use permit application, the staff and Planning Commission will
evaluate such items as building placement and size, traffic
generation, noise, hours of operation, adequacy of parking,
circulation, drop-off facilities and overall compatibility of use
with adjoining properties. It is recommended that the applicant
submit a preliminary proposal to the Planning Department prior
to submission of formal application. This will allow the
Planning staff to review the request and inform the applicant of
possible concerns related to the proposal.
and building design and then forwards a recommendation to the
Planning Commission.
Staff Review: The Planning staff will review the application and
conduct a site investigation to determine the relationship of the
request with the City's General Plan and to analyze land use,
traffic, site plan and other impacts or concerns of the proposed
project. A written staff report will be prepared for the Planning
Commission (PC) that includes staff's recommendations and a
description of the development proposal. A copy of this report
will be sent to the applicant during the week prior to the PC
hearing on the application. Copies are also available to the
public.
Public Notice: All use permit applications require a public
hearing which is held during the Planning Commission meeting.
At least ten days prior to the meeting, property owners within
300 feet of the site will be notified by mail of the public hearing
and a notice will be published in the Campbell Express.
Filing of Application: The applicant should submit a completed
application, filing fee, a written statement and other required
information to the Planning Department. A planner will be
assigned to review the mater/al to make sure all the required
information is provided. The applicant will be notified within
30 days as to whether the application is complete or whether
additional information is required.
Environmental Review: Typically, use permits are categorically
exempt from the environmental review process.
Planning Commission Meeting: The staff will present an oral
report and recommendation for your application. This
presentation will be followed by testimony from the applicant
and then by any interested persons who may wish to comment
on the application. The Planning Commission may then close
the public heating and make a decision approving or
conditionally approving the request, denying the request or
postponing the decision to a later date. Unless an appeal is filed,
the Planning Commission's decision will become f'mal unless
ratification is required by the City Council.
Site and Architectural Review Committee (SARC): Use permit
applications involving exterior modifications require review by
SARC. The Committee reviews the application for site layout
Appeal to City Council: Use permits do not go to the City
Council unless the Planning Commission's decision is appealed
within ten calendar days.
Project Summary
INFORMATION TO BE FILLED OUT BY APPLICANT
Zoning:
Proposed Use:
Gross Floor Area:
Net Lot Size:
Surrounding Uses:
Parking Spaces:
C-2
Auto Parking
Buildinq
Underground
N/A
North:
East:
51
Required
General Plan Designation: C-2
Existing Use: Permitted:
= 10348.25 sq ft Floor Area Ratio: N/A
= ~"'4'/,~. square feet,
I/anascape Coverage: ~ 1,500
C omme rc i a 1 South:
Commercial
56
Provided
Auto Parking: Currentlyl NON
square feet
Commercial
West: Commercial/Residential
Seating Count: N/A
Restaurant and Assembly Uses
Rvsd. 7/28/00
Use Permit Page 2
Attachment A
Do
PROJECT SLTlVEM~Y
This information must be provided either on the title sheet or site plan, in addition to the supplemental
application form. If you would like, you may xerox this worksheet on the site
plan or title sheet.
Assessor Parcel Number (APN):
Lot Size:
Unknown
~ 39000
Utilization:
Building Coverage
(include cantilever portions)
Landscape Coverage
Paving Coverage
Floor Area Ratio:
Total building sq. ft.
divided by net lot size
Building Area:
Gross Floor Area ( bu i l d i ng )
Number of Floors
Seating Capacity (if applicable)
PROJECT SUMMARY
Gross sq. ft. (Property to center line of smeet)
Net sq. ft. ( 1 ot )
Sq. ft. Percent %
~ 11,500 ~'~ 29%
~ 1,500 ~'~ 4%
~'~ 26,000 ~'~ 67%
26.5
10348.25
2; Ground
N/A
for Commercial; Underground for
Adjacent Land Uses:
North
South
East
West
Use Zoning
Commercial C-2
Commercial C-2
Commercial C-2
Commercial/R~sidential C-2~ R-~/4
Parking:
Standard 52
TOTAL 6'"6,
Compact .3 Hahdicap 1
~rking
Rvsd. 7/28/00
Attachment D
Contribution Disclosure Form
Page 2
TO BE FILLED OUT BY APPLICANT
I. [ × ] IF CONTRIBUTIONS TOTALING $250 HAVE NOT BEEN MADE, CHECK HERE, AND SIGN
BELOW IN SECTION III.
II. TO BE COMPLETED ONLY IF CONTRIBUTIONS TOTALING $250 OR MORE HAVE BEEN MADE.
NAME:
ADDRESS:
ZIP:
TELEPHONE NO:
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:
CONTRIBUTOR:
(if other than yourself)
DATE (S):
AMOUNT (S):
NAME:
CONTRIBUTOR:
DATE (S):
AMOUNT (S):
(if other than yourself)
(if other than yourself)
NAME:
CONTRIBUTOR:
DATE (S):
AMOUNT (S):
III.
SIGNATURE
~ignamre ~ Applicant/Agent
DATE: 1 .'t Anti l
2(101
Rvsd. 7/28/00
Attachment E
Hazardous Waste'& Substance Sites Disclosure Form
This form must be completed by development applicants per the provisions of Government Code
Section 65962.5.
As part of the development application process, you must complete this disclosure form, certifying that
you have reviewed the current CAL-EPA Department of Toxic Substances Control Facility Inventory
Data Base Hazardous Waste and Substances Sites List (available at the Planning Department, City of
Campbell) and indicate below whether your project site is included on this list.
Project Site Address:
Proposed Project:
2089 South Bascom Avenue,
Change of Use
Campbell, CA 95008
(~) Yes, the above-referenced site is included on the CAL-EPA Department of Toxic Substances
Control Facility Inventory Data Base Hazardous Waste and Substances Sites List.
site is included the CAL-EPA of Toxic Substances
No,
the
above-referenced
not
on
Department
Control Facility Inventory Data Base Hazardous Waste and Substances Sites List.
Applicant Signature
Date 13 April 2001
Please provide this completed form to the City of Campbell, Planning Department, 70 N. First Street,
Campbell, CA 95008, together with the application for development.
Rvsd. 7/28/00
CITY OF CAMPBELL
Community Development Department - Current Planning
March 20, 2001
Mr. Mohammed Tayarani-Beegham
Axess Limousine, Inc.
890 Burbank Drive # 4
Santa Clara, CA 95051
Re:
Establishment of Limousine Service
2089 S. Bascom Avenue
Dear Mr. Tayarani-Beegham,
Thank you for meeting with myself and Ben Mendoza yesterday regarding your business at the above referenced
property. As discussed in the meeting the Community Development Director has made a determination that the
establishment of a limousine service shall require approval of a Conditional Use Permit in a commercial zone. Based
upon our discussion you stated that your business would be limited to parking a maximum of 10 vehicles on this site.
These 10 vehicles would include both limousines as well as employees vehicles. Your use permit application must
include plans that demonstrate how and where these vehicles will be parked. A completed application form with the
appropriate application fee needs to be submitted within three weeks on or before April 10, 2001.
Additionally, all of the storage areas constructed without permits in the garage shall be converted back to approved
parking stalls. This shall be accomplished through a demolition permit. This work shall be performed prior to April 10,
2001.
The garage area is to be available for parking purposes and not used for the storage of vehicle parts, supplies and/or
lubricants.
If you should have any questions in the interim, please do not hesitate to contact me at (408) 866-2144.
Sincerely,/
Z~ey~~
Associate Planner
CC:
Ben Mendoza, Code Enforcement Officer
Dave Gullo, Police Chief
Biago Passaro, 4431 Cherry Avenue, San Jose, CA 95118
70 North First Street . Campbell, California 95008-1436 · TEL 408.866.2 140 · FA× 408.866.838 I · TDD 408.866.2790
CITY oF CAMPBELL
Community Development Department - Current Planning
March 14, 2001
Mr. Mohammed Tayarani-Beegham
Axess Limousine, Inc.
890 Burbank Drive # 4
Santa Clara, CA 95051
Re:
Establishment of Limousine Service
2089 S. Bascom Avenue
Dear Mr. Tayarani-Beegham,
The Community Development Director has made a determination that the establishment of a limousine service shall ~
require approval of a Conditional Use Permit in a commercial zone. Based upon your business description and a
review of the commercial improvements on this site and the related parking facilities we conclude that a limousine
service would not be supported at this location.
Consequently, you are requested to terminate the use of this building and site for the storage and or repair of vehicles.
The use of the retail space of approximately 2000 square feet that was previously used as a tailor and clothing shop as
an office is a permitted use within the C-2-S Commercial Zoning District, however, the storage and or repair of
vehicles is not permitted.
Additionally, it has been brought to the attention of the Community Development Department that portions of the
garage parking area have been converted to storage and or office uses without the benefit of building permits nor
planning approvals. Additionally, it has been alleged that the garage and parking areas are being used for auto repair,
maintenance and painting. Visits to the site by the City's code enforcement officer have verified the storage of vehicle
parts, disabled vehicles and various tires, lubricants and car maintenance materials.
Failure to resolve these occupancy issues will result in the referral of this matter to the Code Enforcement Officer for
the issuance of a misdemeanor citation for violation of applicable sections of the Zoning Ordinance and the Building
Code.
Please contact the undersigned within 5 days on or before March 20,2001, to discuss a schedule for terminating the
use of this site for the storage and repair of vehicles associated with your limousine service. If you should have any
questions in the interim, please do not hesitate to contact me at (408) 866-2144.
Tim J. Ha~ey-.._./
Associate Planner
CC:
Ben Mendoza, Code Enforcement Officer
Dave Gullo, Police Chief
Biago Passaro, 4431 Cherry Avenue, San Jose, CA 95118
70 North First Street · Campbell, California 95008-1436 · TEL 408.866.2140 . FAX 408.866.8381 - TDD 408.866.2790
i ESS
I USINE, INC.
February 9, 2001
City of Campbell
Community of Development Department
70 North First Street
Campbell, Ca. 95008-1436
Re:Establishment of Limousine Service/Office
2089 S. Bascom Ave.
Dear Mr. Haley:
I am writing in response to your inquiry letter of January 17, 2001. I am sorry that I did not respond sooner
but this is a busy time for our service.
Based on our agreement with the landlord for this site, the employees are parking at different locations in
the surrounding area whenever possible. The office staff hours are from 08:00 to 18:00, with a staffof
four people there during those hours. After 18:00 there is only a dispatcher on duty and he leaves at
midnight.
Eighty-five percent of our cars are on the road all of the time or at home with the driver. The remainder are
stored in our parking stalls. Based on your typical retail square footage rule we are using under our allotted
ten parking spaces.
All of our mechanical work from tune-ups to major jobs are done at one of two preferred major auto repair
shops. One is Auto Technica in Sunnyvale and the other is Advanced Auto Care in Santa Clara. There is
no mechanic on duty at this site (2089 S. Bascom).
I hope that this further information answers your questions more fully then the previous correspondence. If
it does not please feel free to call me at any time and if I am not available then I will return your call as
soon as possible.
Regards;
Mohammed ~ayarani-Beegham
C.E.O.
Axess Limousine, Inc.
RECEIVED
PLANNIN
2089 S. Bascom Ave. · Campbell, CA 95008
(408) 371-6068 · Fax: (408) 371-6043 · 1-800-282-9377
TCP/PSC-7141
CITY OF CAMPBELL
Community Development Department - Current Planning
January l7,2001
Mr. Mohammed Tayarani-Beegham
Axess Limousine, Inc.
641 E. Arques Avenue
Sunnyvale, CA 94086
Re:
Establishment of Limousine Service/Office
2089 S. Bascom Avenue
Dear Business Owner,
The Community Development Department is in receipt of your letter dated January 15, 2001, wherein you provide a
business description. Based upon your description you indicate that you are leasing approximately 2000 square feet of
the existing commercial building. A typical retail use of this square footage would provide result in the provision of 10
parking spaces or 1 parking space for each 200 square feet of floor area.
Additional information is needed to respond to your business description and to determine if this use would be
supported at this location.
A few questions:
Please specific a limit on the number of cars to be stored at this property.
A description of operation hours needs to be provided.
When are cars stored or parked at this location?
Are cars to be serviced at this location? Tune-ups, cleaning, preparation, and etc.
What time are the office staff at the site?
Can all of the vehicles park in standard parking stalls?
A pre-application form has been enclosed for you completion.
Please return the requested information on or before January 297 2001.
If you should have any questions, please contact me at (408) 866-2144.
Sincerely, _
Associate Planner
Ben Mendoza, Code Enforcement Officer
Biagio Passaro, Property Owner, 2089 S. Bascom Ave.
70 North First Street · Campbell, California 95008-1436 · TEL 408.866.2140 · FaX 408.866.8381 - TDD 408.866.2790
ESS
'E, INC.
January 15, 2001
City of Campbell
70 N. First Street
Campbell, Ca 95008
408-866-2117
Att:Tim Haley
RE:building space at 2089 S. Bascom Ave. in Campbell
Dear Mr Haley:
Axess Limousine, Inc. is a local transportation company, servicing the three major
airports in the Bay Area and currently has all of its car repairs done off the premises,
mainly with Auto Technica at 675 E1 Camino Real in Sunnyvale as well as at Advanced
Auto Care at 1585 Pomeroy St. in Santa Clara. We use the Lincoln Mercury Dealerships
as necessary.
At this time we are occupying 2000 feet of office space at the above address with an
office staffof 6. We have 18 cars; 6 limos and 12 sedans. Eighty percent of the drivers
take the vehicles home with them and the remainder park their cars in our allotted
parking.
Reg~ J~9
tvtonan}rhpd Tayarani-Beegham
C.E.O.~
Axess Limousine, Inc.
641 E. Arques Ave. · Sunnyvale, CA 94086
(408) 616-2300 · (650) 691-0711 · Fax: (408) 616-2303 ° 1-800-282-9377
TCP/PSC-7141
December 27, 2000
Mr. Mohammed Tayarani-Beegham
Axess Limousine, Inc.
890 Burbank Drive # 4
Santa Clara, CA 95051
Re:
Establishment of Limousine Service
2089 S. Bascom Avenue
Dear Mr. Tayarani-Beegham,
Please accept this note as a confirmation of your meeting scheduled for January 10, 2001 at the
Community Development Department, 70 N. First Street, Campbell, CA 95008 to discuss the review
process and procedure for establishing your business in Campbell.
If you should have any questions in the interim, please do not hesitate to contact me at (408) 866-2144.
Sincerely,
Tim J. Haley
Associate Planner
CC:
Ben Mendoza, Code Enforcement Officer
Biago Passaro, 2089 S. Bascom Avenue