Modification to UP - 1999CITY OF CAMPBELL
Community Development Department · Current Planning
State of California
Department of Alcoholic Beverage Control
100 Paseo de San Antonio, #119
San Jose, CA 95113
Attn: Mr. Roman Alvarez
October 28, 1999
RE: M 99-05 - 2097 S. Bascom Avenue - Champions Pool & Games
Dear Mr. Alvarez:
The Planning Commission, at its meeting of July 27, 1999, adopted Resolution No. 3232 approving a
Modification to a previously-approved Conditional Use Permit to allow an on-sale beer and wine license in
conjunction with the operation of an existing billiard establishment located at 2097 S. Bascom Avenue.
The Planning Commission is designated as the body within the City of Campbell to make a determination
regarding the public convenience and necessity for liquor licenses within the City.
The Planning Commission, upon approving the Modification application to allow the on-sale beer and wine
license, concluded that such an establishment would not be detrimental to the health, safety, peace, morals,
comfort or general welfare of persons residing or working in the respective neighborhoods. Based upon this
action, the City of Campbell does not oppose the continued processing of this application through the Department
of Alcoholic Beverage Control.
Should you have any questions regarding the above-referenced information or need additional information,
please do not hesitate to contact me at the Community Development Department at (408) 866-2142.
Alii Irani
Planner
Enclosure
CC:
Mr. Richard Aal
Mr. Phil Schaefer
Biagio Passaro, Property Owner
Tim Haley, Associate Planner
File
70 North First Street · Campbell, California 95008.1423 · TEL 408.866.2140 - FAX 408.866.8381 ' TDD 408.866.2790
10.
11.
13.
Position on Legislation: AB 1448 (Cox):
Engineering Services and ACA 16 (Cox):
Engineering Services
Public Contracts:
Public Contracts:
Architectural and
Architectural and
This is a minute action in support of Assembly Bill 1448 (Cox) and Assembly
Constitutional Amendment 16 (Cox).
Authorizing Destruction of Certain City Records - Police Department
(Resolution/Roll Call Vote)
Resolution 9577 authorizes the destruction of certain City records in the Police
Department.
Commending Bill Helms for Thirty-Five Years of Service (Resolution/Roll Call
Vote)
Resolution 9578 commends Bill Helms for thirty-five years of service with the City of
Campbell.
Accept Improvements Constructed by Balch Petroleum for Project 97-10 -
Underground Tank Project and Direct the Filing of the Notice of Completion
(Resolution/Roll Call Vote)
Resolution 9579 accepts improvements constructed by Balch Petroleum for Project 97-
10 - Underground Tank Project and directs the filing of the Notice of Completion.
Accept Donation from Elaine Drake to the Campbell Historical Museum
This action accepts a donation of $1000.00 from Elaine Drake to the Campbell
Historical Museum renovation project.
Approval of Billiard Hail/Arcade Permit - 2097 S. Bascom Avenue - Champions
Pool & Games
This action approves the issuance of a Billiard Parlor Permit and Arcade Permit subject
to the conditions of approval set forth in Planning Commission Resolution No. 3232,
based on the following findings:
1. No person associated with the establishment seeking the permit has a history of
moral turpitude or has committed a felony or other crime involving moral turpitude;
2. The operation of the establishment would not be injurious to the public health,
safety, peace or welfare of the neighborhood ia which it is located, or the City as a
whole;
3. The operation would not create a public nuisance; and
4. The establishment would not result in an undue misallocation of police and safety
resources due to the nature of the operation, its location or its management.
Minutes of 9/7/99 City Council Meeting 4
Council
Report
Item: 13.
Category: Consent Calendar
Date: September 7, 1999
TITLE: Approval of Billiard Hall/Arcade Permit
RECOMMENDATION:
Thru the City Council take action to approve the issuance of a Billiard Parlor Permit and
Arcade Permit subject to the conditions of approval set forth in Planning Commission
Resolution No. 3232, and in Campbell Municipal Code 5.28.030 (a), that:
1. No person associated with the establishment seeking the permit has a history of moral
turpitude or has committed a felony or other crime involving moral turpitude;
2. The operation of the establishment would not be injurious to the public health, safety,
peace or welfare of the neighborhood in which it is located, or the City as a whole;
3. The operation would not create a public nuisance; and
4. The establishment would not result in an undue misallocation of police and safety
resources due to the nature of the operation, its location or its management.
DISCUSSION:
The following applicants has applied for a Billiard Parlor and an Arcade Permit at 2097
S. Bascom Avenue under the name of Champions Pool & Games. (Previously Campbell
Billiards)
Phil Schaefer
671 S. Henry Avenue
San Jose, CA 95117
(408) 327-9500
Richard Aal
235 Shelley Avenue
Campbell, CA 95008
(408) 243-8435
Both applicants have owned and operated business in the City of Campbell since 1984
and have demonstrated a positive working relationship with the Police Department and
Campbell Community Center.
The applicants are purchasing Campbell Billiards from Bobby Matsuura who has owned
and operated the business since July 1994. There are no significant Police related
problems on file for this business.
Approval of Billiard .~all/Arcade Permit
2097 S. Bascom Avenue
Page 2
September 7, 1999
The applicant wishes to expand the existing Semi-Arcade to a Full Arcade which would
include 25 arcade games. The applicant will reduce the number of pool/billiard tables
currently being used at the business, from 16 to 13. The applicant will also add beer/wine
sales and expand hours of operation to 2 a.m. daily, except beer/wine sales shall terminate
at 11 p.m. Sunday through Thursday.
A Use Permit Resolution 3232 (copy attached), was approved by the Planning
Commission on July 27, 1999. Recommendations made by the Police Department and
other City departments were incorporated into this Use Permit. Applicant has agreed to
adopt the conditions of this Use Permit.
FISCAL IMPACT:
Based on the history of this business, there are no costs anticipated due to the issuance of
this permit. In the event significant costs are incurred through Police service calls,
additional conditions will be considered or revocation of the permits considered.
ALTERNATIVES:
of operation and/or hours when beer/wine may be sold.
The City Council may modify the approved conditional use permit, restricting hours
Prepared by:~~fX/~--- Approved by:
Richard Shipman
Sergeant t.,
Approved by Bemardq~l. S't,r~yJ
City Manageg7 v
David L. Gullo ~
Chief of Police
Attachments:
Planning Commission Resolution Number 3232
Planning Commission Minutes (7-27-99)
CITY OF CAMPBELL
Community Development Department · Current Planning
July 29, 1999
Phil Schaefer
671 S. Henry Avenue
San Jose, CA 95117
Re: M 99-05 - 2097 S. Bascom Avenue - Champions Pool & Games
Dear Applicant:
Please be advised that the Planning Commission, at its meeting of July 27, 1999, adopted
Resolution No. 3232 approving a Modification to a previously approved Conditional Use
Permit to allow the establishment of an arcade (25 machines) and an on-sale beer and
wine license in conjunction with an existing billiard establishment on the above
referenced property.
This approval is effective in ten days, unless appealed in writing to the City Clerk. The
time within which judicial review of this decision must be sought is governed by
California Code of Civil Procedure, Section 1094.6.
If you have any questions, please do not hesitate to contact me at (408) 866-2140.
Sincerely,
Tim J. Haley
Associate Planner
cc:
Richard Aal
235 Shelley Avenue
Campbell, CA 95008
Biagio Passaro (Property Owner)
4431 Cherry Avenue
San Jose, CA 95118
70 North First Street · Campbell, California 95008.1423 . TEL 408.866.2140 · F^X 408.866.8381 · TDD 408.866.2790
RESOLUTION NO. 3232
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A MODIFICATION (M 99-
05) TO A PREVIOUSLY-APPROVED CONDITIONAL USE PERMIT
(UP 85-03) TO ALLOW THE ESTABLISHMENT OF AN ARCADE
(25 MACHINES) AND AN ON-SALE BEER/WINE LICENSE IN
CONJUNCTION WITH AN EXISTING BILLIARD
ESTABLISHMENT ON PROPERTY LOCATED AT 2097 S.
BASCOM AVENUE IN THE C-2-S (GENERAL COMMERCIAL)
ZONING DISTRICT. FILE NO. M 99-05.
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 City Council finds as follows with respect
to application M 99-05:
1. The proposed billiard/arcade establishment with a beer/wine licenses and operational hours
after 11 p.m. is a permitted use with a Use Permit in the C-2-S zoning district.
2. The proposed billiard/arcade is consistent with the Commercial land use designation of the
General Plan shown for this site.
o
The proposed beer/wine license is incidental to the primary function a billiard and arcade
business and is permitted consistent with section 5.28.030 and 5.30.020 of the Campbell
Municipal Code.
The proposed beer/wine license and late night hours of operation in conjunction with the
billiards and as conditioned is consistent with the commercial land use of the General Plan
and the C-2-S zoning designation.
5. The beer/wine license, arcade and late night hours of operation, subject to the conditions of
approval, are compatible with the adjacent land uses and the surrounding neighborhood.
6. The beer/wine service will not result in an over concentration of such uses in the area.
7. The use as proposed and conditioned will not create a nuisance due to noise, litter, vandalism,
traffic or other factors.
8. The establishment of a beer/wine license and an arcade will not significantly disturb the
peace and enjoyment of any nearby residential neighborhoods.
Planning Commission Resolution 3232
M 99-05 - 2097 S. Bascom Avenue - Champions Pool & Games
Page 2
9. The billiard establishment with beer/wine service and an arcade will not significantly
increase the demand on city services.
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
The establishment of a billiard parlor with beer/wine service and an arcade will aid in the
enhancement and the harmonious development of the immediate area. 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.
The proposed site is adequate in size and shape to accommodate the proposed use and the
applicant has indicated that appropriate supervision will be provided to conduct the business
in a complementary manner.
3. The proposed site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic such uses would generate.
4. The proposed establishment as conditioned is compatible with the adjacent land uses and the
surrounding neighborhood.
Further, the applicant is notified as part of this application that they are required to comply with
all applicable Codes and Ordinances of the City of Campbell and the State of California which
pertain to this application and are not herein specified. And, that this approval is granted subject
to the following Conditions of Approval.
COMMUNITY DEVELOPMENT DEPARTMENT
1. Approved Project: Approval is granted for a Modification of a previous Conditional Use
Permit (M 99-05) to establish a 4750 square foot billiard parlor with a beer/wine license, an
arcade and operational hours after 11 p.m. on property located at 2097 S. Bascom Avenue
and shall substantially conform to the project exhibits listed below, except as may be
modified by the Conditions of Approval contained herein. This approval is revocable by the
Planning Commission as prescribed in section 21.72.110.
A. Plot plan illustrating the location of the 4750 square foot tenant space.
B. Floor plans depicting the tenant space and limiting the number of billiard/pool tables to
13 and 25 arcade machines.
C. Applicant's project description
2. Extended hours of operation Hours of operation are from (noon to 2 a.m. daily) except
beer/wine sales shall terminated at 11 p.m. Sunday through Thursday. If the Community
Planning Commission Resolution 3232
M 99-05 - 2097 S. Bascom Avenue - Champions Pool & Games
Page 3
Development Director receives substantiated complaints regarding noise or impacts associate
late night hour operations, the Director may limit the operational hours of the business within
10 days written notice. The decision the Community Development Director may be appealed
to the Planning Commission as prescribed in the Zoning Ordinance.
3. Landscaping: All landscaping and irrigation to be maintain in accordance with approved
landscaping plans.
Liquor license: Applicant shall file and complete processing of the beer/wine license
through the State of California Department of Alcoholic Beverage Control prior to the sale of
any beverages.
o
On-site Lighting: Details of any new project lighting shall be approved by the Community
Development Director prior to the issuance of building permits. The lighting shall not create
glare on adjacent residential uses.
Building Division Requirements: Prior to the issuance of building permits, the applicant shall
comply with all Building Code requirements and obtain necessary permits as determined by
the City's Building Division.
o
Fences/walls: Any newly proposed fencing and/or wall shall comply with Section 21.59.090
of the Campbell Municipal Code and shall be submitted for review and approval by the
Community Development Department prior to construction.
Property Maintenance: The property is to be maintained free of any combustible trash, debris
and weeds until the time that actual construction commences. All existing structures shall be
secured by having windows boarded up and doors sealed shut, or be demolished or removed
from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). All structures
shall also be required to be maintained free of graffiti. Should graffiti appear on the building,
enclosure walls and/or trash enclosure, the applicant shall take measures to immediately
remove the graffiti.
°
Location of Mechanical Equipment: No new roof-mounted and/or ground level mechanical '
equipment, i.e. air conditioning units, shall be located on or adjacent to the building without
providing screening of the mechanical equipment from public view. Screening material and
method shall require review and approval by the Community Development Director prior to
the installation of such mechanical equipment.
10. Utility Boxes and Back-Flow Preventers: Applicant to submit a plan prior to installation of
PG&E utility (transformer) boxes and San Jose Water Company back-flow preventers,
indicating the location of the boxes and screening (if the boxes are above ground) for
approval by the Planning Division.
Planning Commission Resolution 3232
M 99-05 - 2097 S. Bascom Avenue - Champions Pool & Games
Page 4
1 1. Trash Disposal/Recycling: The applicant shall provide details regarding the design and
location of any new trash disposal/recycling facilities necessary to serve the business. Plans
to be reviewed and approved by the City prior to the issuance of building permits for the
project. The design of the trash enclosure shall match the building in terms of color and
finish.
12. Signs: Any signs proposed to be erected on site shall require approval of a Sign Permit. A
Sign Permit may be granted upon complete submission of a Sign application and approval by
the Community Development Department, in accordance with the City's Sign Ordinance.
No sign shall be permitted until the application is approved and a permit issued.
13. Noise:
A. Exterior Doors: All doors providing access to and from the billiard establishment shall
be self-closing doors and shall not be propped open.
Bo
Nighttime Exiting: Occupants of the building during nighttime hours after 10:00 p.m.
shall be duly notified of the noise restrictions. The business owner or management is
responsible for monitoring the parking area and to prohibit loitering and disruptive noise
caused by their patrons.
Co
Noise Standard: Any noises, sounds and/or voices, including but not limited to amplified
sounds, loud speakers, sounds from microphones, audio sound systems, music and/or
public address system, generated by uses within the building or by customers in the
parking area shall not be audible to a person of normal hearing acuity from any
residential property after 10:00 p.m.
Do
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
this use, may limit the operation 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 applicant shall implement the
mitigation measures as determined in the acoustical study to comply with the noise'
conditions as herein included in these Conditions of Approval. Actions by the
Community Development Director may be appealed to the Planning Commission, but the
reduced hours for the business shall be effective immediately upon notification by the
Community Development Director.
E. Exterior Speakers: No audio sound system, music, public address system or speakers are
permitted outside of the building.
Planning Commission Resolution 3232
M 99-05 - 2097 S. Bascom Avenue - Champions Pool & Games
Page 5
POLICE DEPARTMENT
14. Billiard/Arcade Permit: The applicant shall process permits with the Police Department
consistent with section 5.28.020 and 5.30.020 of the Campbell Municipal Code prior to the
establishment of the business.
CENTRAL FIRE DISTRICT:
15. No Fire Department requirements.
PUBLIC WORKS DEPARTMENT:
16. No Public Works Department requirements.
PASSED AND ADOPTED this 27~ day of July, 1999, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Francois, Gibbons, Hemandez, Jones, Keams, Lindstrom,
Lowe
None
None
None
APPROVED:
ATTEST:
Steve Piasecki, Secretary
Brad Jones, Chair
Planning Commission Minutes of July 27, 1999
Page 14
10. Amend Condition 11 to add the requirement that a covenant be recorded
that limits the total number of employees on site to 55, no parking of
trucks on the street for unloading and signage to direct all deliveries onto
the site.
by the following roll call vote:
AYES: Francois, Gibbons, Hernandez, Kearns, Lindstrom, Lowe
NOES: Jones
ABSENT: None
ABSTAIN: None
Commissioner Gibbons suggested that it is important to leave the landscaping at the from of the
site in this approval.
Mr. Steve Piasecki advised the Commission that staffwill look into residential preferential
parking.
This item will be consider by the City Council at its meeting of August 3, 1999.
Chairman Jones called for a short recess at 9:52 p.m.
Chairman Jones reconvened the meeting at 9:57 p.m.
Chairman Jones read Agenda Item No. 2 into the record.
2. M 99-05
Schaefer, P.
Public Hearing to consider the application of Mr. Phil Schaefer
and Mr. Richard Aal, on behalf of Champions Pool & Games, for
approval of a Modification (M 99-05) to a previously-approved
Conditional Use Permit (UP 85-03) to allow the establishment of
an arcade (25 machines) and a beer/wine license in conjunction
with an existing billiard establishment on property located at 2097
S. Bascom Avenue in a C-2-S (General Commercial) Zoning
District. This project is Categorically Exempt. Planning
Commission Decision final unless appealed in writing to the City
Clerk within 10 days.
Mr. Tim J. Haley, Associate Planner, presented the staff report as follows:
· Advised that the applicant is seeking a Modification to a Use Permit to allow an arcade and
beer and wine license for an existing pool establishment.
· In 1985, an approval was granted for six pool tables at this location and later that number was
increased to 14 tables. There are currently 16 tables within a 4,700 square foot space.
· Hours of operation are from noon to 2 a.m.
Planning Commission Minutes of July 27, 1999 Page 15
The Modification seeks to reduce the number of tables from 16 to 13; to increase the number
of arcade games from 9 to 25; and to allow a beer and wine license.
The applicant wishes to maintain the same hours of operation.
· This establishment is geared to an older clientel.
Staff recommends the adoption of a resolution approving this use but suggests limiting the
hours to 12 midnight from Sunday through Thursday and allowing operation to 2 a.m. on
Fridays and Saturdays.
· Neighbors have complained in the past about noise concerns from the parking area but
recently no complaints have been received by the Police Department.
Commissioner Gibbons asked if this operation is similar to the proposed Downtown billiard
establishment.
Mr. Tim J. Haley advised that he is not familiar with the particular plans for Pockets in the
Downtown.
Chairman Jones opened the Public Heating for Agenda Item No. 2.
Mr. Phil Schaefer, Applicant, 2097 S. Bascom Avenue:
· Said that the term "arcade" is misconstrued in this instance in that a typical arcade has
between 80 to 100 games.
· Stated that for the last four to five years they have operated this business until 2 a.m. each
day. Advised that it would not be a viable business if they have to close at 11 p.m.
· Stated that they plan to install speed bumps on the site to slow cars down as well as "quiet
zone" signs in the parking lot as well as regular announcements during the evening asking
patrons to respect the surrounding residential neighbors by not making noise as they depart.
In addition, they will have extra staff to help monitor the parking lot in the evenings.
· Said that they have tournaments which bring extra traffic.
· Said that he plans to enter into an agreement with the adjacent property owner for shared
parking to accommodate these tournaments.
· Said he planned to do everything possible to prevent problems before they occur.
Commissioner Gibbons asked whether it would be possible to close alcohol sales after 11 p.m.
from Sunday through Thursday and stay open to 2 a.m.
Mr. Phil Schaefer replied that was possible.
Mr. Frank Dalle-Molle, 1596 Cherry Glen Way, San Jose, CA:
· Stated that he has four areas of concern: noise levels, beer and wine sales, parking and
personnel.
· Expressed concern that the shift fi:om 16 to 13 tables and increase from 9 to 25 video games
will result in a younger customer base which will be louder.
Planning Commission Minutes of July 27, 1999 Page 16
· Stated that they akeady have a significant problem with cars pealing out and car alarms going
off.
· Said that beer and wine license could deteriorate the quality of life in the immediate area as it
will create an over-concentration in a small area.
· Said that the site has only 53 spaces.
· Said that the staffing levels seem inadequate to help patrol the parking lot in addition to
operating the business within the building.
Mr. John Roberts, 2061 S. Bascom Avenue:
· Said that they have experienced having beer bottles thrown into their yard.
· Said that when the Police are called for disturbances, usually the person is gone before the
Police arrive.
· Said that they have had lots of problems with noise and overflow parking.
· Stated that he is against approval of a beer and wine license.
· Stated that he previously had planned to address concerns directly to Council but the Police
Department intervened and asked for the opportunity to handle the neighborhood concerns.
· Said that the business has quieted down over the last two months and thanked the new owner
for that.
Commissioner Gibbons asked how high the fence is separating the residential properties from
this commercial site.
Mr. John Roberts replied that the fence is 6 feet tall. However, the grade of this site is higher
than the residential lots adjacent so someone standing in the parking lot can easily look over the
fence into the yards.
Commissioner Keams asked Mr. Roberts if the noise complaints stopped simply due to
frustration with the lack of action by the City.
Mr. John Roberts replied that he has called but no longer calls 911 to report problems. Said he
was not sure if non-emergency calls are logged the same way.
Commissioner Keams asked if a taller fence would help.
Mr. John Roberts replied that it could help to have a taller fence.
Mr. Dalle-Molle advised that the wall is already 10 feet high from the residential side. Said that
it would look awkward and degrade the property to have a wall any taller. Added that he knew
for a fact that other calls had been place complaining about this use.
Mr. Phil Schefer:
· Advised that he took over operation of the business on July 1st.
Planning Commission Minutes of July 27, 1999 Page 17
· Stated that any patrons under the age of 17 will have to be out of the establishment at 9 p.m.
This requirement comes from the recently-adopted ordinance that allows beer and wine sales
at billiard establishments.
· Stated that having just one way onto the site will actually help him and his staff in
monitoring the property.
· Said that he will hire extra employees for the evening shifts.
· Said that the condition requiring the door to his business to be kept closed to help prevent
noise from spilling outdoors is a good one that he will support in enforcing. Said that his
building has good air conditioning that can keep the temperature comfortable without the
need to keep the door propped open.
Commissioner Lowe asked if beer would be served in bottles.
Mr. Phil Schaefer advised that beer will be served in bottles but that the bottles will stay inside
the building. Stated that the beer containers found by neighbors do not come from his adult
patrons but rather younger people who cannot legally purchase liquor. These under-aged people
are the ones who drink outside and discard the containers.
Commissioner Lindstrom reminded that the beer and wine license requires those under 17 to
leave the premises at 9 p.m.
Commissioner Gibbons sought clarification that the pizza service is not part of this business.
Mr. Phil Schaefer said that the pizza service used to be related to this business under the previous
ownership but that it is no longer connected. The previous owner of his establishment has
retained the pizza business.
Mr. Bob Matsura, Property Owner, 2097 S. Bascom Avenue:
· Stated that he owns the building and apologized to his neighbors for any problems in the past.
Stated that he does patrol the parking lot on weekends.
· Said that the number of complaints to the Police have decreaased.
· Advised that he selected to sell to these new owners because of their experience in running
such businesses.
· Assured that adding speed bumps to the parking lot will make a big difference.
Commissioner Gibbons asked about clean up time after closing.
Mr. Phil Schaefer said that his staff cleans up the parking in the late evening so that it is clean for
the other center tenants the next moming. His business opens at noon.
Commissioner Gibbons expressed concern that clean up after 2 a.m. risks being disturbing to the
adjacent residential uses.
Planning Commission Minutes of july 27, 1999 Page 18
Mr. Steve Piasecki advised that the cleaning would have to be completed by 2 a.m. since they
cannot operate in any fashion after 2 a.m.
Mr. Phil Schaefer stated his agreement to that restriction.
Mr. John Roberts asked if alcohol sales were offered at the Pizza business.
Mr. Matsui replied that that business has no liquor sales and no plans for liquor sales at this time.
Chairman Jones closed the Public Hearing for Agenda Item No. 2.
Commissioner Keams suggested having speed bumps added to the Conditions and wondered if
noise issues have been adequately dealt with in the Conditions.
Commissioner Lindstrom advised that noise issues are handled in Condition of Approval No. 13.
Motion:
Upon motion of Commissioner Gibbons, seconded by Commissioner
Lindstrom, the Planning Commission adopted Resolution No. 3232
approving a Modification (M 99-05) to a previously-approved Conditional
Use Permit (UP 85-03) to allow the establishment of an arcade (25 machines)
and a beer/wine license in conjunction with an existing billiard establishment
on property located at 2097 S. Bascom Avenue, with operational hours to 2
a.m. and with the sales of liquor to be limited to 11 p.m., Sunday through
Thursday, and to 2 a.m., Fridays and Saturdays, by the following roll call
vote:
AYES: Francois, Gibbons,
Lowe
NOES: None
ABSENT: None
ABSTAIN: None
Hernandez, Jones,
Kearns, Lindstrom,
This approval is final unless appealed in writing to the City Clerk within 10 days.
MISCELLANEOUS
3. General Plan
Consistency
Staff
Hearing to consider adoption of a resolution making a
finding under Government Code Section 65402 that the
proposed use of the 3.82 acre area identified as the Harrison
Avenue Redevelopment Project for residential use is
consistent with the General Plan on property located at 102-
190 N. Harrison Avenue in a PD (Planned Development)
Zoning District. This project is Categorically Exempt.
Tentative City Council Meeting Date: August 3, 1999.
o
ITEM NO. 2
STAFF REPORT - PLANNING COMMISSION MEETING OF
July 27, 1999
M 99-05
(UP 85-03)
Schaefer & Aal
Public Hearing to consider the applications of Mr. Phil Schaefer and Mr.
Richard Aal on behalf of Champions Pool & Games, for approval a
Modification ( M 99-05) to a previously-approved Conditional Use Permit
(UP 85-03) to allow the establishment of an arcade (25 machines)and an on-
sale beer/wine license in conjunction with an existing billiard establishment
on property located at 2097 S. Bascom Avenue in the C-2-S (General
Commercial) Zoning District.
STAFF RECOMMENDATION
That the Planning Commission take the following action:
Adopt a Resolution, incorporating the attached findings, approving a modification of a
previously approved Conditional Use Permit to allow a beer/wine license and an arcade in
conjunction with an existing billiards establishment, subject to the attached Conditions of
Approval.
ENVIRONMENTAL DETERMINATION
This project is categorically exempt under Section 15301 class 1 (a) (Existing Facilities) of CEQA;
therefore, no environmental action is required.
PROJECT DATA
Site Data:
Net Lot Area:
.76 acres 33,200 sq. ft.
Site Utilization:
Building Coverage:
Landscape Coverage:
Paving Coverage:
32% 10,540 sq. ft.
14% 4,648 sq. ft.
54% 6,447 sq. ft.
Building Area:
Multi-tenant retail building: 10,540 sq. ft.
Tenant space: 4750 sq. ft. (45 %)
Floor Area Ratio (FAR): .32(FAR)
Parking:
Required:
Provided:
Retail @ 1:200 per square foot = 53 spaces
53 spaces (39 surface parking spaces and 14 garage spaces)
Staff Report - Planning Commission Meeting of July 27, 1999
M 99-05 - 2097 South Bascom Avenue
Page 2
Proposed Hours of Operation:
Noon to 2 a.m.(Daily)
Surrounding Uses:
North:
East:
South:
West:
Office and Duplexes
Office and Retail (across Bascom Ave.)
3 story office building
Apartments
DISCUSSION
Background: In 1985, the Planning Commission granted a Conditional Use Permit to allow the
establishment of a six table billiard parlor in approximately 1500 square feet of the multi-tenant
retail building on the subject property. In 1989 the Planning Commission approved an expansion
to 3450 square feet accommodating 14 tables and operational hours to 2 a.m. Subsequent to that
approval, the business owner received approval of a modification to allow a beer/wine license
with limited operational hours to 11 p.m. The previous business owner never exercised their
approval to allow a beer and wine license and maintained operational hours until 2 a.m.
Campbell Pool and Pizza has operated at this location in a 4750 square foot tenant space for the
past 5 years with 16 tables and a semi-arcade accommodating 9 coin operated machines. The
increased tenant space area and number of tables was not approved by the Planning Commission
but was expanded to accommodate office and food preparation space. The current operational
hours are from noon to 2 a.m.
City Council Action: The City Council in the November of 1998 approved an amendment to
Chapter 5.28 (Pool and Billiard Halls) allowing minors in billiard establishments which serve beer
and wine. Prior to the adoption of this amendment, minors were not permitted in billiard
establishments that served beer/wine.
Applicant's Proposal: The applicant is requesting approval of a modification to the previous
approvals to allow a beer/wine license and an arcade in conjunction with the existing
establishment on the project site. The applicant intends to maintain the same square footage (4750
sq. ft.) as well as the same operational hours as the existing billiards business (noon to 2 a.m.).
The requested modification would reduce the number of billiard tables from 16 to 13 and increase
the number of arcade machines from 9 to 25.
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 which is shared with a florist, tailor, nail
shop, hair dressers, pizzeria and a television repair business. The proposed tenant space represents
the largest space and occupies approximately 45% of the building.
Staff.Report - Planning Commission Meeting of July 27, 1999
M 99-05 - 2097 South Bascom Avenue
Page 3
ANALYSIS
General Plan Designation: The General Plan land use designation for the project
commercial. The proposed use is consistent with this land use designation.
site is
Zoning Designation: The zoning designation for the project site is C-2-S (General Commercial).
The existing billiards use is permitted subject to a use permit within this zoning district. The
allowance of alcohol sales, an arcade and late operational hours requires approval of a
modification to the previous 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 53 parking spaces for the existing retail
building. The approved parking layout for this project provided 39 parking spaces on a surface lot
and 14 parking spaces in a garage below the retail spaces, a total of 53 parking spaces.
Landscaping: The existing landscaping in the parking area will remain.
Modification to Conditional Use Permit
Liquor License: In conjunction with the billiard establishment a beer and wine license is
requested. The serving of alcoholic beverages for the billiard establishment is ancillary to the
primary gaming and arcade use of the tenant space. A condition of approval requires compliance
with the State Department of Alcoholic Beverage Control. Additionally, a beer/wine license at this
location does not represent an over concentration of liquor establishments in this neighborhood.
Recent amendments to the billiards ordinance allows minors in billiard establishments where
beer/wine beverages are sold if approved through the use permit process.
Arcade/Billiard Permit: The applicant is requesting approval of a arcade and billiard permit to
allow the placement of 25 coin-operated machines with the billiard establishment. Staff considers
the requested use incidental to the primary billiard use and supports its approval. Recommended
conditions of approval require that the applicant process an arcade/billiard permit through the
Police Department and that noise and traffic associated with of the business not interfere with the
enjoyment of neighboring residential and commercial uses.
Operational Hours: Commercial uses which operate beyond 11 p.m. are required to received
approval of a conditional use permit. The applicant's request to remain open until 2 a.m. on daily.
The present business has operated at this location with the same operational hours without
incidents for the past 5 years. The sale of beer and wine and additional arcade machines will not
impact the operational hours of the business.
StaffReport - Planning Commission Meeting of July 27, 1999
M 99-05 - 2097 South Bascom Avenue
Page 4
Staff is recommending that the operational hours of the business be modified to close at 11 p.m.
Sunday through Thursday and to close at 2 a.m. on Fridays and Saturdays. This recommendation
is due the relative proximity of the parking area to adjacent residential uses.
Noise:
The location of the major parking area is located at the rear of the commercial lot adjacent to
residential uses. Initially, activities in the parking area had caused noise problems for the adjacent
residential uses when the billiard parlor was established, however, in recent years significant noise
complaints have been received. Staff does not anticipate a problem with the requested change in
use.
A condition of approval is recommended that the operational hours of the business be modified to
11 p.m. on weeknights and that they may be limited further by the Community Development
Director in the event that complaints are received regarding late night hours of this business.
Additionally the applicant is require to monitor and police the parking area during late evening
hours. The applicant has indicated that they also intend to provide additional staffing to supervise
the additional activity.
Police Department Review: The Campbell Police Department has reviewed the application and
has no concerns or objections to the billiard/arcade use. The conditions of approval require that
the applicant process a billiard and arcade permit with the Police Department, consistent with
sections 5.28.020 and 5.30.020 of' the Campbell Municipal Code. The Police Department in its
review will require operational procedures to insure the supervision of minors and the proper sale
of alcoholic beverages. These permits require City Council approval.
Site and Architectural Review Committee: The Site and Architectural Review Committee did not
review this application in that no design changes are proposed with the request.
Attachments:
1. Findings for approval of M 99-05(UP 85-03)
2. Conditions of Approval for M 99-05
3. Business Description for the Champions Pool and Games
4. Exhibits and Aerial Photo
5. Location Map Depict Liquor Establishments within the Vicinity
6. Location Map
by~
Prepared: Ti~n~.~ey,~sociate Planner
Approved by: '~_~ ~ Sharon Fierro, Senior Planner
Attachment # 1
FINDINGS FOR APPROVAL OF FILE NO. M 99-05
SITE ADDRESS: 2097 South Bascom Avenue
APPLICANT: Champion Pool and Games
P.C. MEETING: July 27, 1999
Findings for Approval of a Modification to a previous Use Permit (M 99-05) to allow the
establishment of a beer/wine license and an arcade in conjunction with an existing billiards
establishment.
The Planning Commission finds as follows with regard to File No. M 99-05:
1. The proposed billiard/arcade establishment with a beer/wine licenses and operational hours
after 11 p.m. is a permitted use with a Use Permit in the C-2-S zoning district.
2. The proposed billiard/arcade is consistent with the Commercial land use designation of the
General Plan shown for this site.
The proposed beer/wine license is incidental to the primary function a billiard and arcade
business and is permitted consistent with section 5.28.030 and 5.30.020 of the Campbell
Municipal Code.
The proposed beer/wine license and late night hours of operation in conjunction with the
billiards and as conditoned is consistent with the commercial land use of the General Plan and
the C-2-S zoning designation.
5. The beer/wine license, arcade and late night hours of operation, subject to the conditions of
approval, are compatible with the adjacent land uses and the surrounding neighborhood.
6. The beer/wine service will not result in an over concentration of such uses in the area.
7. The use as proposed and conditioned will not create a nuisance due to noise, litter, vandalism,
traffic or other factors.
8. The establishment of a beer/wine license and an arcade will not significantly disturb the peace
and enjoyment of any nearby residential neighborhoods.
Findings for Approval - Planning Commission Meeting of July 27, 1999
M 99-05 - 2097 S. Bascom Avenue
Page 2
9. The billiard establishment with beer/wine service and an arcade will not significantly increase
the demand on city services.
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that;
The establishment of a billiard parlor with beer/wine service and an arcade will aid in the
enhancement and the harmonious development of the immediate area. 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.
The proposed site is adequate in size and shape to accommodate the proposed use and the
applicant has indicated that appropriate supervision will be provided to conduct the business
in a complementary manner.
3. The proposed site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic such uses would generate.
4. The proposed establishment as conditioned is compatible with the adjacent land uses and the
surrounding neighborhood.
Attachment #2
PLANNING COMMISSION CONDITIONS OF APPROVAL FOR FILE NO. M 99-05
SITE ADDRESS: 2097 South Bascom Avenue
APPLICANT: Champion Pool and Games
P.C. MEETING: July 27, 1999
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. 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 Modification of a previous Conditional Use
Permit (M 99-05) to establish a 4750 square foot billiard parlor with a beer/wine license, an
arcade and operational hours after 11 p.m. on property located at 2097 S. Bascom Avenue
and shall substantially conform to the project exhibits listed below, except as may be modified
by the Conditions of Approval contained herein. This approval is revocable by the Planning
Commission as prescribed in section 21.72.110.
A. Plot plan illustrating the location of the 4750 square foot tenant space.
B. Floor plans depicting the tenant space and limiting the number of billiard/pool tables to 13
and 25 arcade machines.
C. Applicant's project description
Extended hours of operation Hours of operation are from (noon to 2 a.m daily) except
beer/wine sales shall terminated at 11 p.m. Sunday through Thursday. If the Community
Development Director receives substantiated complaints regarding noise or impacts associate
late night hour operations, the Director may limit the operational hours of the business within
10 days written notice. The decision the Community Development Director may be appealed
to the Planning Commission as prescribed in the Zoning Ordinance.
3. Landscaping: All landscaping and irrigation to be maintain in accordance with approved
landscaping plans.
Liquor license: Applicant shall file and complete processing of the beer/wine license
through the State of California Department of Alcoholic Beverage Control prior to the sale of
any beverages.
On-site Lighting: Details of any new project lighting shall be approved by the Community
Development Director prior to the issuance of building permits. The lighting shall not create
glare on adjacent residential uses.
PLANNING COMMISSION CONDITIONS OF APPROVAL FOR FILE NO. M 99-05
SITE ADDRESS: 2097 South Bascom Avenue
APPLICANT: Champion Pool and Games
P.C. MEETING: July 27, 1999
pa~e 2
Building Division Requirements: Prior to the issuance of building permits, the applicant shall
comply with all Building Code requirements and obtain necessary permits as determined by
the City's Building Division.
Fences/walls: Any newly proposed fencing and/or wall shall comply with Section 21.59.090 of
the Campbell Municipal Code and shall be submitted for review and approval by the
Community Development Department prior to construction.
Property Maintenance: The property is to be maintained free of any combustible trash, debris
and weeds until the time that actual construction commences. All existing structures shall be
secured by having windows boarded up and doors sealed shut, or be demolished or removed
from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). All structures
shall also be required to be maintained free of graffiti. Should graffiti appear on the building,
enclosure walls and/or trash enclosure, the applicant shall take measures to immediately
remove the graffiti.
Location of Mechanical Equipment: No new roof-mounted and/or ground level mechanical
equipment, i.e. air conditioning units, shall be located on or adjacent to the building without
providing screening of the mechanical equipment from public view. Screening material and
method shall require review and approval by the Community Development Director prior to
the installation of such mechanical equipment.
10. Utility Boxes and Back-Flow Preventers: Applicant to submit a plan prior to installation of
PG&E utility (transformer) boxes and San Jose Water Company back-flow preventers,
indicating the location of the boxes and screening (if the boxes are above ground) for approval
by the Planning Division.
11. Trash Disposal/Recycling: The applicant shall provide details regarding the design and
location of any new trash disposal/recycling facilities necessary to serve the business. Plans to
be reviewed and approved by the City prior to the issuance of building permits for the project.
The design of the trash enclosure shall match the building in terms of color and finish.
12. Signs: Any signs proposed to be erected on site shall requke approval of a Sign Permit. A
Sign Permit may be granted upon complete submission of a Sign application and approval by
the Community Development Department, in accordance with the City's Sign Ordinance. No
sign shall be permitted until the application is approved and a permit issued.
PLANNING COMMISSION CONDITIONS OF APPROVAL FOR FILE NO. M 99-05
SITE ADDRESS: 2097 South Bascom Avenue
APPLICANT: Champion Pool and Games
P.C. MEETING: July 27, 1999
page 3
13. Noise:
A. Exterior Doors: All doors providing access to and from the billiard establishment shall be
self-closing doors and shall not be propped open.
Nighttime Exiting: Occupants of the building during nighttime hours after 10:00 p.m.
shall be duly notified of the noise restrictions. The business owner or management is
responsible for monitoring the parking area and to prohibit loitering and disruptive noise
caused by their patrons.
Noise Standard: Any noises, sounds and/or voices, including but not limited to amplified
sounds, loud speakers, sounds from microphones, audio sound systems, music and/or
public address system, generated by uses within the building or by customers in the
parking area shall not be audible to a person of normal hearing acuity from any residential
property after 10:00 p.m.
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
this use, may limit the operation 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 applicant shall implement the
mitigation measures as determined in the acoustical study to comply with the noise
conditions as herein included in these Conditions of Approval. Actions by the Community
Development Director may be appealed to the Planning Commission, but the reduced
hours for the business shall be eff'ective immediately upon notification by the Community
Development Director.
E. Exterior Speakers: No audio sound system, music, public address system or speakers are
permitted outside of the building.
POLICE DEPARTMENT
14. Billiard/Arcade Permit: The applicant shall process permits with the Police Department
consistent with section 5.28.020 and 5.30.020 of the Campbell Municipal Code prior to the
establishment of the business.
CENTRAL FIRE DISTRICT:
15. No fire department requirements.
PLANNING COMMISSION CONDITIONS OF APPROVAL FOR FILE NO. M 99-05
SITE ADDRESS: 2097 South Bas¢om Avenue
APPLICANT: Champion Pool and Games
P.C. MEETING: July 27, 1999
page 4
PUBLIC WORKS DEPARTMENT:
16. No Public Works Departmem requirements.
Attachment #3
PROPOSED USE OF CHAMPIONS POOL & GAMES
This Billiard/Pool room has been operated at 2097 So. Bascom Ave. since 1989.
The room will maintain the same hours of operation, noon to 2:00a.m., 7 days a week. 16
pool tables will also continue to be operated. The video game area, currently approved for 9
pieces, will increase closer to 25. Basic simple counter foods of microwave variety and soda,
beer and juices will be sold at the main counter. Company, holiday, and birthday parties will be
featured as well as tournaments and leagues.
Parking and traffic should remain consistent with previous years. The majority of
customers visit in the late afternoon amd evening when neighboring businesses are closing.
Number of employees per shift will increase from I to 3 on average to insure smooth
supervision of the new addition of "on sale beer".
The parking lot will stay well lit and supervised. The main driveway will be outfitted
with 2 speed bumps as well as signs stating parking procedures and proper entering and exiting
behavior.
With the history of excellant supervision and Iow problem instances as verified by the
Campbell Police Dept., our addition of even more staff will help continue this trend. Also,
previous owner Bob Matsuura will still be involved on the property as he still co-owns and
operates Ronzo's Pizzeria next door to the pool room.
Co-owners Phil Schlaefer and Richard Aal have owned and operated businesses in the
City of Campbell since 1984.
Phil Schlaefer took over ownership of the Control Room Arcade at 2325 S. Winchester
Blvd. in 1986. This arcade was a perrenial problem spot for the police dept. for many years
until Phil cleaned it up and upgraded the supervision. In 1991, Phil moved and re-named the
business to 24 E. Campbell Ave.("Heroes'), situated at the corner of Winchester Blvd. and
Campbell ^ve.("the gateway to downtown Campbell"). A 6 month probation period was
successfully completed with no instances. This period was overseen by Sergeant Boudrey and
Chief Cost. A number of community service awards were presented by Mayor Watson and Chief
Cost for Phil's donations and help with Project Dare. The business remains there to this day.
Phil moved to Campbell in 1966 and lived there until 1987, now living just up the
street near Moorpark and Winchester. Close family and friends still reside in Campbell.
Richard ^al is the founder and former co-owner of Champagne Limousine. Founded in
1984 after obtaining his A.S . degree from Condie College located at I W. Campbell Ave., he
moved Champagne Limousine into the old Campbell High bus yard(by then re-named the
Campbell Community Center), also at 1 W. Campbell Ave. The property manager at the CCC was
Linda Roberts, now Linda Klemczak. Champagne Limousine remained at that location until 1997
when the building was torn down. Richard sold his shares of Champagne Limousine in the early
part of 1988 and started 24 Karat Limousine where he retained 100% ownership. He also
rented additional space from Campbell Community Service as well. In late 1992 Richard closed
24 Karat Limousine in favor of re-opening American Telecom a full service cellular and paging
store, located at 990 S. Winchester Blvd., where it remains to this day.
Richard Aal has been a Campbell resident since 1986. He is married with 2 young
children and has a genuine care and concern for Campbell and its surrounding areas.
Richard is known and respected by Chief Dave Gullo, Officer Charlie Adams and several
other officers of the Campbell Police Dept. Other Campbell references include Linda Klemczak
and Bret Stollenwerk from the CCC.
Phil and Richard are happy to provide additional business and personal references.
Here is the proposed use of Campbell Pool & Pizza at 2097 S. Bascom Ave.
-The current name, Campbell Pool & Pizza, will be changed to Champions
Pool & Games.
-The continued operation of 16 Pool tables and coin-operated video games,
pinball, jukebox, etc.
-The number of employees on the payroll will increase from 3 to 6(2 to 3
per evening shift.
-Continuing hours of operation: noon to 2:a.m.
-The square foot usage will also remain unchanged.
-We intend to increase the number of coin-operated equipment from
9 to 25.
-An "on sale beer" license will be used to permit the serving of beer.
i
Attachment #6
PTN. LOT 12 - A. JOHNSON ESTATE SUBD.
y " AVE:. 3~:~ .
d. ~'O-U-? · ~ L~M.:~26. M .2~I-' .... R M. SOS-M'~ ~ R M. 2~-M-21
'" .... I~A~ NS 588 ~,~ ~ =; -la
~ T - / ] 3 I 4 5 ~ e 7 ~
PCL.
A ('~
<~
,,~
4. Z2 &C.
LOCATION MAP
2097 S. Bascom Avenue
Champions Pool & Games
M 99-05 (UP 85-03)
R
11
PCL
PCL I
PCL. A
Attachment #5
PT~ ;:
= 5._.~ PCL J
2 RM.
~9-M-24 ARROYO
51 ~ 50 ~t 49
sECO ~'
TRACT N.e [?GS- ARROYO GARDENS
6 I 7
ZZ r Z~ Z4
Vicinity Map
Liquor Establishments
1)
2)
4)
S)
business name
license
location
Stuff`Pizza
Denny's Restaurant
Classico Delcafe
Ronzo Pizzeria
Hich'ry Pit The
Original
Beer/Wine
General on sale liquor
Beer/Wine
Beer/Wine
Beer/wine
2000 S. Bascom Ave.
2060 S. Bascom Ave.
2080 S. Bascom Ave.
2099 S. Bascom Ave.
980 E. Campbell Ave.
Date Time Type of Call Disposition
2-8-97 1546 Suspicious Quiet on Departure
Person
3-9-97 2336 Pedestrian Subject interviewed and released
Stop
3-20-97 2242 Disturbing Quiet on Departure
the Peace
4-10-97 2202 Disturbing Gone on arrival
the Peace
5-14-97 0058 Suspicious Public Relations Detail
Person
5-16-97 3213 Disturbing Patrol Check
the Peace
6-26-97 2221 Disturbing Gone on arrival
the Peace
7-19-97 0146 Disturbing Quiet on Departure
the Peace
7-25-97 2351 Disturbing Quiet on Departure
the Peace
8-3-97 2229 Possession Arrest
of illegal
knife
8-4-97 2244 Disturbing Quiet on Departure
the Peace
9-17-97 2056 Disturbing Patrol Check
the Peace
9-21-97 2245 Disturbing Quiet on Departure
the Peace
10-11-97 0359 Assault Report Taken
10-29-97 2256 Disturbing Gone on Arrival
the Peace
10-31-97 0315 Disturbing Gone on Arrival
the Peace
11-9-97 2104 Fisht Gone on Arrival
12-2-97 2110 Strongarm Report Taken
Robbery
12-21-97 2106 Disturbing Gone on Arrival
the Peace
Tim Haley
From: Rich Shipman
Sent: Thursday, July 22, 1999 11:10 AM
To: Tim Haley
Subject: 2097 S. Bascom
Tim,
Here are the incidents for 2097 S. Bascom. These incidents are a mix of Disturbance calls, suspicious persons, loud
music, and arrests. This does not include business type alarms, vehicle stops, or patrol checks.
Hopefully this will help:
1994 - 1
1995 - 4
1996 - 3
1997 - 22
1998 - 14
1999 thru July 13- 6
.k.O¥.
O&CHA~.O'
CITY oF CAMPBELL
Community Development Department · Current Planning
July 16, 1999
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 27, 1999, in the City Hall
Council Chambers, 70 North First Street, Campbell, California, for a Public Hearing to
consider the application of Mr. Phil Schaefer and Mr. Richard Aal, on behalf of
Champions Pool & Games, for approval of a Modification (M 99-05) to a previously-
approved Conditional Use Permit (UP 85-03) to allow the establishment of an arcade (25
machines) and a beer/wine license in conjunction with an existing billiard establishment
on property located at 2097 S. 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 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
STEVE PIASECKI
SECRETARY
PLEASE NOTE:
When calling about this Notice,
please refer to File No. M 99-05 (UP 85-03)
Address: 2097 S. Bascom Avenue
70 North First Street · Campbell, California 95008.1423 . TEL 408.866.2140 ' FAX 408.866.8381 · TDD 408.866.2790
ORCH A~.9
Development
Application
FileNo. ~ q~--O~fi'
Planning Department 70 North First Street, Campbell, California 95008 (408) 866-2140
ZONING:
DATE FILED:
GENERAL PLAN:
PROPERTY ADDRESS: ~--0q'~
TYPE OF APPLICATION(S):
Ap p LiCANT: ~/F' !6"ffg/Jg-'~')k~
ADDRESS: l/~~/ J'/~'~' At.,
CITY/STATE: L~ 1~5 ('~'
P OP , TYOW :
ADDRESS: /¢~/ ~/~;~¢/~/J~/~"'- TELEPHONE: (~/tS~ ~ ~ ({ .. '~"~. ~..~
CITY/STATE: i,~4/~'~ J'~./ C,~ ziP: ~'//t~
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 persons), having an interest in the above-described property, hereby make this
/,aRplication in accordanc'exNwith the provisions of the Campbell Municipal Code; and, hereby certify
; ih)t th~in f°rmati°n [~Iv?~ein is true and cOrrect tO the best Of my/Our knOwledge and belief'
l~pplic~nt's Signal'....// Date Property Owners Signature Date
/ :
NOTE: St~ff is required by State Law to notify applicants of the completeness of their applications within 30 days.
Only those ~{~PliCations 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 Determination:
Rvsd. 03/30/98
Use Permit
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
~vith 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.
StaffReview: 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 Comn'fission 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
intbrmation to the Planning Department. A planner will be
assigned to review the material to make sure all the required
intbrmation 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 final 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
Zoning:
Proposed Use:
Gross Floor Area:
Net Lot Size:
Surrounding Uses:
Parking Spaces:
INFORMATION TO BE FILLED OUT BY APPLICANT
/, Landscape Coverage:
~0 (~q ~~) Seating Count:
Required Provided
General Plan Designafion:,,-~
Existing Use:
Floor Area Ratio:
Restaurant and Assembly Uses
Rvsd. 03/30/98
Use Permit Page 2
Attachment A
Do
PROJECT SUMMARY
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:
PROJECT SUMMARY
Gross sq. ft. (Property to center line of street)
Net sq. ft.
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
Number of Floors
Seating Capacity (if applicable)
Sq. ft.
Adjacent Land Uses:
North
South
East
West
Percent %
Zoning
Parking:
Standard
TOTAL
Compact
Handicap
Rvsd. 3/30/98
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:
III. SIGNATURE
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.
(if other than yourself)
(if other than yourself)
(if other than yourself)
NAME:
CONTRIBUTOR:
DATE (S):
AMOUNT (S):
NAME:
CONTRIBUTOR:
DATE (S):
AMOUNT (S):
NAME:
CONTRIBUTOR:
DATE (S):
AMOUNT (S):
DATE:
Rvsd. 03/27/98
To:
City Clerk
Please collect ' receipt
for the follow,..~ monies.
Planning File No.:
Address: ?.t0a~7
ITEM
AMOUNT
Major:
A. 1 + acres - General Plan Amendment
Zone Change
Planned Development Permit
EIR Review
$4,425
4,425
4,425
4,425
Bo
0-1 acre General Plan Amendment (552.4660)
Zone Change
Planned Development Permit
EIR Review
3,225
3,225
3,225
3,225
II.
Minor:
A. Subdivision Map (5+ Lots)
Site and Architectural 10+ K S.F.
Tentative Parcel Map (4<Lots)
Bo
Site and Architectural 0-10 K. S.F.
Variance (Non-residential)
Text Amendments
Use Permit
3,225
2,150
2,150
1,550
1,550
1,550
1,550
III. Miscellaneous
A. Variance (Residential)
Modifications of Approval
Modification PD Permit
Reinstatements
Revised Development Schedule
Extensions of Time
960
960
960
960
960
960
Lot Line Adjustments
Site and Architectural (Res/Each House)
Signs (Each Sign)
Fence Exception
Promotional Events
120
500
120
120
120
Appeals
Downtown Development Permit
Historic Preservation Zone, Use Permit, HP Permit
0
0
0
IV. 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
Tree Replacement In-Lieu Fees - Account 101 ·701.4971
For City Clerk Only R, eceiptN_o: I~,/ ~ L~
~,mount Paid: ~ {,~ -O 0
Received by: ~'~- _~9,~'~~
6.25
18.00
22.00
1.00
50.00
150.00
100+ 10 per lot/unit
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 actual time spent to process the application based upon current hourly rates.
Note: Adopted by Resolution No. 8841 by City Council, City of Campbell, 6/20/95.
O?CH
Pre-Application
Application
Review
File No. ~'~ Tq--~'31
Planning Department 70 North First Street, Campbell, California 95008 (408) 866-2140
APN(S):
PROPERTY ADDRESS: ~q,_~
TYPE OF APPLICATION:
APPLICANT: '4~f~~' ADDRESS: ~q~ ~'
PROPERTY OWNER}~__J]t/~ l
CITY/STATE:
DATE FILED:
GENERAL PLAN:
z P: %l
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
/~-a{tify that the informatiS~,.given herein is true and correct to the best of my/our knowledge and
Apl licant s Si~nat~.~kff ./ Date Property Owner s Signature Date
Rvsd. 3/26/99