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Modification to PD - 1997MEMORANDUM To: From: Date: Subject: Corinne Shinn Secretary, Community Development Dept. Ja~(e)ms ley D~ty City Clerk AI~I 19, 1999 Covenant for Reciprocal Ingress/Egress Easement - 106 E. Campbell The Recorder's Office has returned the original recorded Covenant for Reciprocal Ingress/Egress Easement for property located at 106 E. Campbell Avenue - Helen T. Power and Dean R. Dubbe. A copy is attached for your records - the original document has been filed in the vault and indexed for future reference. When Recorded Mail To: City Clerk City of Campbell 70 N. First Street Campbell, CA 95008 DOCUMENT: 14713338 Titles:l / Fees .... Taxes... Copies.. AHT PAID BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request o{ City Pages: 19.00 19.00 RDE ff 3/19/1999 8:02 AH COVENANT FOR RECIPROCAL INGRESS/EGRESS EASEMENT This instrument is made by ['~2lelrl T, ~)IA/~¥' OVid 1.14C!O1T. [b~ev'///)~_Zlr] ~ I)iJb/:~ (hereinafter referred to as "First Party") is the owner of certain real property located in the City of Campbell, County of Santa Clara, State of California, commonly known as 106 East Campbell Avenue, Santa Clara County Assessors Parcel Number 412-05-002, as more particularly described in Exhibit A, which is attached hereto, and made a part hereof (hereinafter referred to as "Parcel One"). 2. First Party has applied for and has received conditional approval by the City of Campbell for a Modification to the Planned Development Permit for Parcel One. o The approval of the Modification of the Planned Development Permit was conditioned upon First Party recording an agreement (hereinafter referred to as the "Covenant") to provide an easement for reciprocal vehicle access (hereinafter referred to as the "Easement") with the parcel located immediately to the west, on the southeastern comer of East Campbell Avenue and South Fourth Street, commonly known as 76, 86 and 98 East Campbell Avenue, Campbell, California, Santa Clara County Assessors Parcel Number 412-05-001, as more particularly described in Exhibit B, which is attached hereto, and made a part hereof (hereinafter referred to as "Parcel Two"). 4. The Easement shall not take effect unless and until the owner of parcel two also new records a similar covenant for reciprocal ingress and egress between Parcel Two and Parcel One. NOW, THEREFORE, FIRST PARTY COVENANTS AND AGREES AS FOLLOWS: Subject to satisfaction of the conditions set forth herein, First Party hereby covenants and grants to Parcel Two a nonexclusive appurtenant easement for vehicular ingress and egress over the portion of Parcel One described in Exhibit C, which is attached hereto, and made a part hereof, or such portion thereof as determined to be reasonable and necessary by the City. The easement granted by this Covenant shall not become effective until such time as the owner of Parcel Two records a similar easement for reciprocal vehicular ingress and egress appurtenant to Parcel One providing ingress and egress to and from South Fourth Street over Parcel Two to and from Parcel One. Covenant for Reciprocal Ingress/Egress Easement 106 East Campbell Avenue Page 2 3. The weight of a vehicle using the reciprocal access shall be limited to a maximum of 5,000 pounds. 4. Nothing in this Covenant shall be construed as providing for reciprocal use of parking located on Parcel One. 5. Nothing contained in this Covenant shall be construed to require a loss of more than one parking space on Parcel One. 6. The owner of Parcel One shall not be required to incur any construction costs in order to implement the reciprocal easement with Parcel Two. 7. The loss of the parking space shall not result in a limitation to the current use of the building (two medical veterinarians) beyond that contained in the original permits of approval; the uses in the building will be calculated as if 12 parking spaces are being provided. 8. The Easement shall conform to all City requirements regarding the scope, use and location of the Easement that exist at such time in the future as the owner of Parcel Two records the similar easement for reciprocal ingress and egress. 9. If the owner of Parcel Two fails to record the reciprocal easement with twenty (20) years of the recordation of this Covenant, then this Covenant shall become void and unenforceable. 10. This Covenant is intended to be a Covenant running with the land, and the burdens of the Covenant shall be binding upon, and the benefits of the covenant shall inure to all successors in interest to the real property described herein. IN WITNESS WHEREOF, the undersigned have executed this Covenant this ., 1999. (signature) day of (typed name of First Party) STATE OF CALIFORNIA COUNTY OF SANTA CLARA Onthe leg~--xtayof 1~¢~C~ , 1999, beforeme, the undersigned, a Notary Public in and f°r the State' pers°nally appeared ~. n'"~cx~s-4-D~c.r~')¢bb£., t~-sona!b' kne,:..'n to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) iaPare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hi~a~r/their authorized capacity(ies), and that by hig~efftheir signature(s) on the instrument the person(s) or the entity upon behalf of which the persons(s) acted executed the instrument. WITNESS my hand and official seal ! LISA MONACO ~/-~-.,~t~ COMM. NO. 1189473 ~ Notary Public in and for said State -.' ~ COMM EXPIRES JULY 9, 2002 ~ IIIIIIIIlllll lit I l Illl'~1~l INIIIIBIIIIIBIII~IIIBll Parcel One EAST ,, CAMPB'ELL __ ~o~- - ~ ~ ' - ~ o---~-~ ~' - ' [ ~ ~-~ -, i ~ ; ~ . I .... %----- SANFORD A AVE T ........... I " I~ ~ 1 IA ~ ........... 1 -~ ~ ~ __~ ........... -- ~ ~ I~ ~ I~11 I~ :. ~-%~q-AI ~ ,ooo~ ~,f ~o I ~o I ~o I ~o ~o I ~o I ~o I ~-~ ~o 1~ . ' ~ I , ~ I ~ I ~ ~ '} I 'I ~ '~ ~'~ ' ~ I~ I~ I~ ..., ~ I I ...... id ' I I ~ I I'~ .... ' m ~ ~ I ~ ; I ~ ~ I I I I~ m I~, I'-'-T--'~' '--h~I ~ I~.s,~, - ., ~, I ,.. I I Id 0:2 :[',.,; I ~' ' ' ', I1' '/ ;,o , ,,,,,, ,, 'o ,,;: ,,, , ,, !,,,~0 I,,~,, I,,,, ALICE -: ...................... ,. ..... AVE'~; ...... Exhibit A Parcel Two i g AVE.~ ~ ..... I I I I I I I I ~-? 0 o -4 ~E Z rq rq ALICE I Exhibit B ........ -.-.- ...-:::.:.:, :::. :::::::::::::::::::::::::::::::::::::::::::::::::::: i:: :::::::::::::::::::::::::::::::::::::::::::::::::::::::: '""""'~" "~':':':i:i:!:i:i~i' ::::.........., ' ~' '" ~' ~ ; '~':'~:~' '"'~' ~:-:' ~-'~ .'-.'2 ~..:~ . *. .... .. : :: .- -~ The shaded area represents the potential area of ingress and egress as of the date of this covenant, and subject to the terms of this agreement. It is recognized that the exact location of the aceessway may be shifted to accommodate future site design on Parcels One and Two, subject to the approval of the City of Campbell. Exhibit C March 12, 1999 Memorandum of Understanding Regarding the City of Campbell's notice to Pacific Gas and Electric for 106 E. Campbell Avenue We, j_/£z _,__,,,/ /O~,.,/~,e ,,. l~,e,,~, ,~,,,'d,~,.~ are the owners of the property located at 106 E. Campbell Avenue, Campbell, California (APN 412-05-002). By this Memorandum of Understanding, we give notice that we understand and agree that the release by the City Building Department to Pacific Gas & Electric Company to allow power to be turned on to the newly relocated utility box(es) on the east side of the building, does not constitute a final occupancy permit for the building. We understand and agree that we will fulfill all other conditions as required by the permit governing the new use of the site for a specialized veterinary use M 97-11 (Modification to the Planned Development Permit), to include, but not limited to revision to the preliminary landscaping plan, and installation of the plants and irrigation system, revision to the construction details for the windows, and a sign permit for signs to be installed, prior to occupancy of the site for the aforementioned veterinary use. We also understand and agree that we will fulfill the requirements of other departments and agencies governing the remodeling of the building and site, including, but not limited to the Building Department and the Public Works Department of the City of Campbell, and the Santa Clara County Fire Department. ( signature, Dean R. Dubbe, owner); Pfv.-c 6//~'., ffdate) CITY OF CAMPBELL City Clerk's Office September 22, 1997 Dean Dubbe and Dr. Helen Power 471 Manzanita Avenue Felton, CA 95018 Dear Mr. Dubbe and Dr. Power: At the regular meeting of September 16, 1997, the City Council held a public hearing to consider approval of a Modification of a Planned Development Permit to allow the establishment of a specialty veterinary clinic on property located at 106 E. Campbell Avenue. After due consideration and discussion, the City Council adopted Resolution No. 9285 approving a Modification to a previously-approved Planned Development Permit (PD 78-05) to allow the conversion of a restaurant building to a specialty veterinary office on property located at 106 E. Campbell Avenue, in a PD (Planned Development) Zoning District, subject to the Conditions of Approval. Please find certified copy of this Resolution attached for your own records. Should you have any questions in regard to the City Council's action, please do not hesitate to contact this office (866-2117) or Barbara Ryan, Community Development Department. Sincerely, ~anette Hemsley~/ Deputy City Clerk Enc. cc. Jerry Ferguson, Saratoga Investment Co. Michael Mullinix, Mullinix Commercial Real Estate Co. ~%~~, Community Development Department jh 70 North First Street · Campbell, California 95008.1423 · TEL 408.866.2117 . F^X 408.374.6889 · TDD 408.866.2790 RESOLUTION NO. 9285 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A MODIFICATION TO A PREVIOUSLY APPROVED PLANNED DEVELOPMENT PERMIT (PD 78-05) TO ALLOW THE CONVERSION OF A RESTAURANT BUILDING TO A SPECIALTY VETERINARY OFFICE ON PROPERTY LOCATED AT 106 E. CAMPBELL AVENUE, IN A PD (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF DEAN DUBBE AND HELEN POWER. FILE NO. M 97-11 (PD 78-05). 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 did find as follows with respect to application M 97-11 (PD 78-05). 1. The proposed use will bring clients from outside the area into the downtown who normally would not visit downtown Campbell. 2. The proposed use will have a retail component in addition to the consultation component. 3. The building and grounds are in disrepair, and the applicant has indicated a considerable commitment to restore and beautify the site. 4. The building is an historic building and should not be permitted to continue to decline. 5. An extensive effort has been undertaken to attract another restaurant use to the site, to no avail. 6. The building has been used by several past owners for medical office purposes. Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1. The proposed modification and improvements would result in a more desirable environment. 2. The proposed modification would not result in a situation contrary to the intent of the PD permit by which the development was originally approved. The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions is in accordance with the ordinance of the City of Campbell and the State of California. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. City Council Resolution No. 9285 M 97-11 (PD 78-05) - 106 E. Campbell Avenue - Veterinary Clinic Page 2 PLANNING DEPARTMENT 1. Approved Project: Approval is granted for a Modification to the previously approved Planned Development Permit to allow a veterinary dermatologist consultation office and clinic, with a retail component. Said approval is subject to the description of the use and concomitant improvements to the building and grounds as indicated on the site plan and application for the permit, except as modified by the Conditions of Approval. Hours of Operation: The hours of operation shall be no greater than from 7 a.m. - 11 p.m. weekdays, and 8 a.m. to 5 p.m. on Saturdays. 3. Size/type of Animals: Treatment shall be confined to small domestic animals. o 10. 11. Overnight Use: The approval does not permit the overnight boarding of animals, nor residential use of the property, except for emergency purposes. Noise: The entire clinic, including treatment rooms, cages or pens shall be maintained within a completely enclosed, soundproofed building constructed of materials which will ensure that no interior sound exceeding sixty-five decibels shall be audible on the exterior of the building. The clinic shall be provided with air-conditioning which is adequate to prevent the necessity of opening doors and windows for ventilation purposes. Odor: The clinic shall be designed and operated in such a manner as to guarantee that no objectionable odors or noises shall be produced outside its walls, and provisions for off-site disposal of all waste materials shall be in compliance with county health standards. Historical Preservation Board Review: Any exterior changes to the building and grounds shall be submitted to the HPB for review. Landscape Plan: A Landscape Plan shall be submitted for review by the City Landscape Consultant for restoration and upgrade of the landscaping, prior to occupancy. Utilities: All existing utilities existing and necessary for the use of the building as a restaurant shall be retained. Timing and Guarantee of Improvements: The improvements shall adhere to the schedule submitted by the applicant, except as modified by Public Works conditions for public right-of- way and drainage improvements. The applicants shall post a faithful performance bond for any exterior building, paving and landscaping work to be completed after occupancy. Reciprocal Access Agreement: The applicant shall record an agreement to provide reciprocal vehicle access with the parcel to the immediately to the west (not into effect until owner of parcel to the west also records such agreement). City Council Resolution No. 9285 M 97-11 (PD 78-05) - 106 E. Campbell Avenue - Veterinary Clinic Page 3 FiRE AND BUILDING DEPARTMENTS 12. Permits: Any improvements shall be submitted for review and approval by the City Building Department and the Santa Clara County Fire Department. PUBLIC WORKS 13. Standard Street Improvements: Prior to issuance of any building permits for site, the applicant shall cause plans for public improvements to be prepared by a registered civil engineer, pay fees, post securities and provide insurance necessary to obtain an encroachment permit for construction of the improvements, as required by the City Engineer. The plans shall include the following: · Removal and replacement of the damaged sidewalk sections. · Installation of tree wells, with street trees and irrigation at 40' on center. · Widening of the existing sidewalk in the public right-of-way, behind new tree wells to provide a 5' clear walkway and to comply with ADA requirements. · Removal and replacement of easterly driveway approach to minimum 14' City standard approach. 14. Grading and Drainage: Prior to issuance of any building permits, the applicant shall refurbish, remodel, and reconstruct the on-site drainage system, as necessary, to demonstrate that it is functioning normally in accordance with the standards of the City as determined by the City Engineer. 15. Parking Lot: Prior to issuance of occupancy for the site, applicant shall satisfy the following on- site traffic mitigation measures required by the Traffic Engineer: A. West driveway shall be used for outbound traffic and east driveway for inbound traffic. Low- level signs and pavement arrows shall be placed to indicate entering and exiting driveways. B. Shrubbery on west driveway shall be trimmed to a height not to exceed 36 inches. C. All parking stalls shall be clearly marked, and a handicap stall shall be provided for access to the front doorway. 16. Completion of Public Street Improvements: Prior to issuance of occupancy approval for the site, all public street improvements required by the encroachment permit must be completed and accepted by the City Engineer/Council and the applicant must provide the one-year maintenance security for 25% of the Faithful Performance Bond. 17. Legal Lot: Prior to issuance of any building permits for the site, the applicant shall submit information as requested by the City Engineer to verify that the property is one legally created lot. 18. Title Report and Grant Deed: Provide a current Preliminary Title Report and Grant Deed. City Council Resolution No. 9285 M 97-11 (PD 78-05) - 106 E. Campbell Avenue - Veterinary Clinic Page 4 19. Water Meters and Cleanouts: Install proposed new water meters and sewer cleanouts on private property behind the public fight-of-way line. 20. Underground Utilities: All new on-site utilities shall be installed underground per Section 20.36.150 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility company. 21. Storm Water Management: Comply with California Storm Water Best Management Practices Handbook, prepared by the Storm Water Quality Task Force, Santa Clara Valley Water District. PASSED AND ADOPTED this 16th day of September , 1997, by the following roll call vote: AYES: COUNCILMEMBERS: Dougherty, Watson, Furtado, Conant NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Dean ABSTAIN: COUNCILMEMBERS: None Barbara D. Conant, Mayor ATTEST' Councilmember Dougherty stated that he was pleased with the revised conditions of approval. Mayor Conant declared the public hearing open and asked if anyone in the audience wished to be heard. There being no one wishing to speak, Mayor Conant closed the public hearing. M/S: Dougherty/Watson - that the City Council adopt Resolution 9283 granting approval of a Reiustatemem (R 97-01) of a previously approved Planned Development Permit (PD 90-06) to allow the construction of a five-unit townhome project on property located at 80 Dot Avenue in a PD (Planning Development Zoning District, subject to Conditions of Approval and Resolution 9284 granting approval of a Reinstatement and Modification (M 96-12) to a previously approved Tentative Subdivision Map (TS 94-01) to allow a five-unit townhome project on property located at 80 Dot Avenue in a PD (Planned Development) Zoning District, subject to Conditions of Approval. Motion adopted by the following roll call vote: AYES: Councilmembers: Dougherty, Watson, Furtado, Conant NOES: Councilmembers: None ABSENT: Councilmembers: Dean 16. Application of Mr. Dean Dubbe and Dr. Helen Power, on behalf of Dermatology for Animals, for approval of a Modification (M 97-11) to a previously approved Planned Development Permit (PD 78-05) to allow the establishment of a Veterinary Practice on Property Located at 106 E. Campbell Avenue in a PD (Planned Development/Commercial) Zoning District (Resolution/Roll Call Vote) This is the time and place for a public hearing to consider the application of Mr. Dean Dubbe and Dr. Helen Power, on behalf of Dermatology for Animals, for approval of a Modification (M 97-11) to a previously approved Planned Development Permit (PD 78- 05) to allow the establishment of a Veterinary Practice on property located at 106 E. Campbell Avenue in a PD (Planned DevelopmentgCommemial Zoning District. Planner I Ryan - Staff Report dated September 16, 1997. Mayor Conant declared the public hearing open and asked if anyone in the audience wished to be heard. Dr. Powers addressed the City Council in support of the project and thanked the City Council and staff for their hard work in bringing the project to this point as quickly as they had. There being no one further wishing to speak, Mayor Conant closed the public hearing. Minutes of 9/16/97 City Council Meeting 6 17. M/S: Watson/Dougherty - that the City Council adopt Resolution 9285 approving a Modification to a previously approved Planned Development Permit (PD 78-05) to allow the conversion of a restaurant building to a specialty Veterinary Office on property located at 106 E. Campbell Avenue in a PD (Planned Development/ Commercial) Zoning District, subject to Conditions of Approval. Motion adopted by the following roll call vote: AYES: Councilmembers: Dougherty, Watson, Furtado, Conant NOES: Councilmembers: None ABSENT: Councilmembers: Dean City-initiated Application for Approval of a Sign Application (S 97-33) to allow Signage on the Water Tower located on property located at 90 S. First Street'in a PD (Planned Development/Public-Semi Public) Zoning District (Resolution/Roll CallVote) This is the time and place for a public hearing to consider a City-initiated application for approval of a Sign Application (S 97-33) to allow signage on the Water Tower located on properly located at 90 S. First Street in a PD (Planned Development/Public- Semi Public) Zoning District. Associate Planner Haley - Staff Report dated September 16, 1997 Mr. Haley stated that there, was a printing error under Conditions of Approval ;gl, and that the correct wording should be "Campbell" and not "City of Campbell". Mayor Conant declared the public hearing open and asked if anyone in the audience wished to be heard. Patricia Fisk, 206 E. Rincon, Campbell, appeared before the City Council and stated that she felt it was unnecessary to place signs on the Water Tower as she appreciated the way the Tower looked with just its new coat of paint. There being no one further wishing to be heard, Mayor Conant closed the public hearing. '. M/S: Furtado/Watson - that the City Council adopt Resolution 9286 approving a Sign Application (SA 97-33) to allow signage .on the Water Tower located at 90 S. First Street in a PD (Planned Development/Public/Semi-Public) Zonlnoo ~ct. subject to Conditions of Approval. Motion adopted by the following roll call vote: Minutes of 9/16/97 City Council Meeting 7 oty Council Report ITEM NO.: CATEGORY: Public Hearing MEETING DATE: September 16, 1997 TITLE Application of Dr. Helen Power and Dean Dubbe for a Modification (M 97-11) of a Planned Development Permit (PD 78-05) to allow the establishment of a specialty veterinary clinic on property located at 106 E. Campbell Ave. in a Planned Development Zoning District. RECOMMENDATION The Planning Commission recommends that the City Council take the following action: 1. Adopt a resolution, incorporating the attached findings, approving a Modification to a previous Planned Development Permit, subject to the attached conditions of approval. Environmental Determination: This project is categorically exempt under 15303 (a) Class 3 of CEQA; therefore, no environmental action is required (New construction of small structures). BACKGROUND An existing 2,000 square foot building on the property was approved by the City via a Planned Development Permit to allow a restaurant in June of 1978. The applicant is requesting approval of a modification to the previous PD permit to allow the use of the building as a veterinary clinic specializing in the diseases and allergies of the skin of dogs and cats. One room will be reserved for retail sales to the general public of items with an animal motif. ANALYSIS General Plan and Zoning Consistency: The General Plan designation for this site is Commercial. The Zoning is Planned Development, which requires uses consistent with the General Plan. Downtown Development Plan: The site is within the area addressed by the Downtown Development Plan. Goals and policies of the Plan relevant to the proposed change of use encourage retail and restaurant business and facilitating downtown development, enhancing the perception of the downtown beyond the loop streets, upgrading downtown store fronts, and restoring the historic buildings. The building is on the City's historic inventory list. The applicants have committed to restore the building, which needs extensive work, both inside and out. They also propose to upgrade the front setback area via landscaping consistent with the historic design of the architecture. The doctor is the only veterinarian in the South Bay offering the dermatology specialty. Therefore her patients come from as far away as Carmel and Monterey on the south, to San Mateo and Alameda on the north and east. The doctor states that as owners must often leave their animals with her for a while for tests, before a consultation meeting can be held to discuss the results, they often shop and eat nearby. The office will be open from 8 a.m. to 8 p.m. weekdays, and 8 a.m. to 5 p.m. on Saturdays. City Council Report - September 16, 1997 M 97-11 - 106 E. Campbell Ave. Page 2 The easterly front room of the building, formerly a sunroom in the 1920s and a doctor's office in the 1930s, will be used to display retail items with an animal theme. The entry/waiting room will house the cashier for both the veterinary office and the retail portion of the building. The previous restaurant owners submitted a letter outlining their three year effort to locate another restaurant for the site, to no avail (in Attachment 3 ). Based upon the information delineated above, the Redevelopment staff and Community Development staff support the application, provided the site is significantly improved and retail services are provided. Planning Commission Action: The Planning Commission at its meeting of August 26, 1997, adopted Resolution No. 3115 recommending approval of the applicant's request subject to the recommended conditions of approval with a (5-0-0) vote. ALTERNATIVES 1) Deny the applicant's proposal 2) Approve the applicant's request, subject to modified conditions of approval 3) Refer the application back to the Planning Commission. FISCAL IMPACTS None Attachments: 1. Draft City Council Resolution 2. Planning Commission Resolution and Minutes 3. Planning Commission Report 4. Location Map PREPAREDBY:~~t~ ~. ~~ Steve Piasecki, Community Development Director APPROVED BY: Bernard M. Strojny, City Manager .o~'CAa~ CITY OF CAMPBELL Public Works Department September 16, 1997 Helen Power Dean Dubbe VIA FAX (408) 335-1976 SUBJECT: CLARIFICATION OF PUBLIC WORKS CONDITIONS OF APPROVAL FOR M 97-11, 106 E. CAMPBELL AVENUE Dear Ms. Power and Mr. Dubbe: At your request, and at the Planning Commission's direction, we have reviewed the Public Works conditions of approval contained in the Planning Commission's recommendation for approval of M 97-11 and would like to clarify those conditions as follows: Condition 13 Standard Street Improvements: The frontage of the property under consideration will only accommodate one street tree. The street tree installation will require the removal of the existing sidewalk, installation of the street tree, installation of irrigation for the street tree, and reconstruction of the flag of sidewalk. The reconstruction of the sidewalk should be done so as to maintain a minimum 4' of sidewalk around the new tree well. The easterly driveway approach is curremly constructed to the City standard minimum width for a one-way commercial driveway and is therefore not being required to be replaced, however it should be adequately signed as a one way, entrance only, driveway. Condition 14 Grading and Drainage: Any revisions or new construction to the private parking lot area will require that a grading and drainage plan be prepared prior to construction of such improvements. The grading and drainage plan shall show that historical drainage patterns from adjacent properties are not being restricted, that the design is reasonable and necessary and does not increase or concentrate drainage to adjacent properties. Please let me know if you have any questions regarding these clarifications of the conditions of approval. Sincerely, Michelle Quirmey City Engineer $:\MQ\LD\106CAMP 70 North First Street · Campbell, California 95008. 1423 . TEL 408.866.2150 - F^X 408.376.0958 · TDD 408.866.2790 Planning Commission Minutes of August 26, 1997 Page 8 M 97-11 (PD 78-05) Dubbe/Power Public Hearing to consider the application of Mr. Dean Dubbe and Dr. Helen Power, on behalf of Dermatology for Animals,, for approval of a Modification (M 97-11) to a previous Planned Development Permit (PD 78-05) to allow the establishment of a veterinary practice on property located at 106 E. Campbell Avenue (Campbell House) in a PD (Planned Development/Commercial) Zoning District. This project is Categorically Exempt. Tentative City Council Meeting Date: September 16, 1997. Ms. Barbara Ryan, Planner I, presented the staff report as follows: · The applicants are seeking Modification of a previously-approved Planned Development Permit to allow the conversion of a restaurant use to a veterinary clinic. · The site is the location of the former Campbell House Restaurant located on the south side of E. Campbell Avenue between Third and Fourth Streets. The use is not a standard veterinary clinic but rather provides dermatology services for animals. The majority of the work is the identification of skin disorders and training the owners to care for these conditions. · There is no overnight care. · The business will be open Monday through Saturday and closed on Sunday. · There will be two employees. · The building is included on the City's Historic Resource Inventory. · The applicant has provided a list of planned improvements with a proposed schedule of completion. · Initially, the Redevelopment Agency had concerns about this use as it relates to the Downtown Development Plan. Considerable effort took place to have a restaurant use at this site to no avail. RDA now supports approval of this project. · The applicant will offer retail products. Commissioner Gibbons asked about the surrounding uses. Ms. Barbara Ryan stated that there is a residence behind this site; professional offices to one side with a parking garage and commercial uses on the other side. Commissioner Alne asked why the emphasis on placing a restaurant at this location? Ms. Barbara Ryan replied that the RDA is interested in generating foot traffic in the downtown as well as night time Use. Any significant change to the Planned Development Permit requires a Modification. Commissioner Alne again asked, "why a restaurant?" Planning Commission Minutes of August 26, 1997 Page 9 Mr. Steve Piasecki replied that the City has the greater responsibility to provide a retail environment. Similarly, the City would not want to see the Pruneyard fully inhabited by veterinarians and doctors instead of the retail and restaurants that are there. Commissioner Alne suggested that the veterinary use is an allowed use in a commercial site and asked if this is a Modification or if the Commission is issuing a new Use Permit? Ms. Barbara Ryan advised that the Planned Development Zone does not have a list of approved uses. Any change to a Planned Development Permit requires a Modification. Chairwoman Keams opened the Public Hearing for Agenda Item No. 2. Dr. Helen Power, Applicant: · Advised that hers is a unique practice. · She obtains her clients on a referral basis from throughout the Bay Area. · Stated that this location offers a lovely place for her clients to spend some time as she treats their pets. · Thanked staff for its help in planning this proposal through the summer months. · Said that she and her husband are committed to restoring this historic building. Commissioner Lowe asked if this is a new thing in veterinary medicine? Dr. Helen Power: · Advised that veterinarians have been going into specialties. Since 1975 there has been dermatology for animals. · She is the only such specialist in the South Bay Area, serving clients from San Francisco to Monterey. · This is an opportunity to bring new people to Campbell. · She has worked in San Jose for 15 years and is excited to have found Campbell. Mr. Dean Dubbe: · Thanked the City for their assistance. · Stated that they are excited about this property and returning to its historic use as a doctor's office. · Stated that their first priority is to occupy the site as soon as possible. · Was informed by staff that it is possible to have bonds in place so that they can move in prior to completion of all the improvements. · Something under consideration is a reciprocal agreement with the flower shop to allow egress and shared parking. Mr. Steve Piasecki advised that bonds are possible and suggested that the applicants meet with Public Works staff prior to the Council meeting. Planning Commission Minutes of August 26, 1997 Page 10 Commissioner Gibbons asked about the walkway. Will there be an easement on private property? Or is the sidewalk to be built on private property? Ms. Helen Power stated that the sidewalks are not wide enough to incorporate tree wells but proposes to plant City-approved trees on her property. Commissioner Gibbons stated that a 14 foot driveway is not possible on this site as called out for in the Conditions of Approval. Mr. Steve Piasecki stated that what is required is a 14-foot approach not a 14-foot driveway. Dr. Helen Power stated that this is an issue that still needs to be addressed. Commissioner Gibbons: · Suggested that staff provide wording in the Conditions that gives flexibility to the City Engineer. · Stated that the minutes will reflect the proposal by the applicant to provide landscaping on their property and keep the existing sidewalk intact. · Said that she is in support of this project. Dr. Helen Power: · Stated that she loves trees but there is no room in the public right-of-way to install street trees. Suggested putting the trees on her property. · As for the east entrance, they must come up with something aesthetically pleasing, historic and safe. · Stated that she is willing to work with Public Works staff. · Said they want to preserve the historic character of the building as well as comply with American's With Disabilities Act (ADA) requirements. · They want to come up with a unique entrance and exit for the site. · Clarified that the handicapped entrance will be located at the back of the building rather than at the street frontage. Mr. Steve Piasecki again advised the applicant to meet with Public Works staff prior to the Council meeting. Tree wells are a standard. Mr. Dean Dubbe said that he has already begun working with Public Works staff. Chairwoman Keams closed the Public Hearing for Agenda Item No. 2. Planning Commission Minutes of August 26, 1997 Page 11 Motion: This item will Upon motion of Commissioner Meyer-Kennedy, seconded by Commissioner Lowe, the Planning Commission adopted Resolution No. 3115 recommending approval of a Modification (M 97-08) to a previously-approved Planned Development Permit (PD 78-05) to allow the establishment of a veterinary practice on property located at 106 E. Campbell Avenue (Campbell House) in a PD (Planned Development/Commercial) Zoning District with a modification to Condition No. 13, by the following roll call vote: AYES: Alne, Gibbons, Kearns, Lowe, Meyer-Kennedy NOES: None ABSENT: Jones, Lindstrom ABSTAIN: None be considered by Council at its meeting of September 16, 1997. Chairwoman Keams read Agenda Item No. 3 into the record: 3. SA 9%33 City-Initiated Public Hearing to consider the City-Initiated application for approval of a Sign Application (SA 97-33) to allow signage on the Water Tower located on property at 90 S. First Street in a PD (Planned Development/Public-Semi Public) Zoning District. This project is Categorically Exempt. Tentative City Council Meeting Date: September 16, 1997. Mr. Steve Piasecki, Community Development Director, presented the staff report as follows: · The City is seeking approval ora Sign Application to allow two 125 square foot signs (5x25 foot) reading "Campbell." · Lettering will face. southeast and northwest directions. · The water tower is 130 feet tall and the tank itself is 20 feet tall. · A1 Bito from the City Manager's Office is present. · Staff recommends that the Planning Commission recommend Council approve this Sign Application. · The signs will offer community identification visible from Highway 17. Chairwoman Keams opened the Public Hearing for Agenda Item No. 3. Commissioner Alne asked about lights. Mr. Steve Piasecki advised that the City is evaluating the use of lights. Commissioner Meyer-Kennedy sought clarification that the signs would simply read "Campbell" and not "City of Campbell" or "Welcome to Campbell." .oF CITY OF CAMPBELL Community Development Department · Current Planning August 28, 1997 Dean Dubbe and Helen Power 471 Manzanita Avenue Felton, CA 95018 Re: M 97-11 (PD 78-05) - 106 E. Campbell Avenue - Veterinary Clinic Dear Applicant: Please be advised that at its meeting of August 26, 1997, the Planning Commission adopted Resolution No. 3115 recommending approval of a Modification to a previously- approved Planned Development Permit to allow the establishment of a veterinary clinic on the above-referenced property. This item will be considered by the City Council at its meeting of September 16, 1997, for final approval. If you have any questions, please do not hesitate to contact me at (408) 866-2140. Sincerely, ~arbara Schoetz Ryan, AICP Planner I CCi Frank Mackey (Property Owner) P.O. Box 1156 Tahoe City, CA 96145 Anne Bybee, City Clerk 70 North First Street · Campbell, California 95008.1423 · TEL 408.866.2140 · F^X 408.866.8381 - T~V 408.866.2790 RESOLUTION NO. 3115 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A MODIFICATION TO A PREVIOUSLY APPROVED PLANNED DEVELOPMENT PERMIT (PD 78-05) TO ALLOW THE CONVERSION OF A RESTAURANT BUILDING TO A SPECIALTY VETERINARY OFFICE ON PROPERTY LOCATED AT 106 E. CAMPBELL AVENUE, IN A PD (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF DEAN DUBBE AND HELEN POWER.. FILE NO. M 97-11 (PD 78-05). After notification and public heating, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the heating was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application M 97-11 (PD 78-05). 1. The proposed use will bring clients from outside the area into the downtown who normally would not visit downtown Campbell. 2. The proposed use will have a retail component in addition to the consultation component. 3. The building and grounds are in disrepair, and the applicant has indicated a considerable commitment to restrore and beautify the site. 4. The building is an historic building and should not be permitted to continue to decline. 5. An extensive effort has been undertaken to attract another restaurant use to the site, to no avail. 6. The building has been used by several past owners for medical office purposes. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed modification and improvements would result in a more desirable environment. 2. The proposed modification would not result in a situation contrary to the intent of the PD permit by which the development was originally approved. The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions is in accordance with the ordinance of the City of Campbell and the State of California. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. Planning Commission Resolution No. 3115 M 97-11 (PD 78-05) - 106 E. Campbell Avenue - Veterinary Clinic Page 2 PLANNING DEPARTMENT 1. Approved Project: Approval is granted for a Modification to the previously approved Planned Development Permit to allow a veterinary dermatologist consultation office and clinic, with a retail component. Said approval is subject to the description of the use and concomitant improvements to the building and grounds as indicated on the site plan and application for the permit, except as modified by the Conditions of Approval. Hours of Operation: The hours of operation shall be no greater than fi.om 7 a.m. - 11 p.m. weekdays, and 8 a.m. to 5 p.m. on Saturdays. 3. Size/type of Animals: Treatment shall be confined to small domestic animals. Overnight Use: The approval does not permit the overnight boarding of animals, nor residential use of the property, except for emergency purposes. o Noise: The entire clinic, including treatment rooms, cages or pens shall be maintained within a completely enclosed, soundproofed building constructed of materials which will ensure that no interior sound exceeding sixty-five decibels shall be audible on the exterior of the building. The clinic shall be provided with air-conditioning which is adequate to prevent the necessity of opening doors and windows for ventilation purposes. Odor: The clinic shall be designed and operated in such a manner as to guarantee that no objectionable odors or noises shall be produced outside its walls, and provisions for off-site disposal of all waste materials shall be in compliance with county health standards. Historical Preservation Board Review: Any exterior changes to the building and grounds shall be submitted to the HPB for review. Landscape Plan: A Landscape Plan shall be submitted for review by the City Landscape Consultant for restoration and upgrade of the landscaping, prior to occupancy. o Utilities: All existing utilities existing and necessary for the use of the building as a restaurant shall be retained. 10. Timing and Guarantee of Improvements: The improvements shall adhere to the schedule submitted by the applicant, except as modified by Public Works conditions for public right-of- way and drainage improvements. The applicants shall post a faithful performance bond for any exterior building, paving and landscaping work to be completed after occupancy. 11. Reciprocal Access Agreement: The applicant shall record an agreement to provide reciprocal vehicle access with the parcel to the immediately to the west (not into effect until owner of parcel to the west also records such agreement). Planning Commission Resolution No. 3115 M 97-11 (PD 78-05) - 106 E. Campbell Avenue - Veterinary Clinic Pa~e 3 FIRE AND BUILDING DEPARTMENTS 12. Permits: Any improvements shall be submitted for review and approval by the City Building Department and the Santa Clara County Fire Department. PUBLIC WORKS 13. Standard Street Improvements: Prior to issuance of any building permits for site, the applicant shall cause plans for public improvements to be prepared by a registered civil engineer, pay fees, post securities and provide insurance necessary to obtain an encroachment permit for construction of the improvements, as required by the City Engineer. The plans shall include the following: · Removal and replacement of the damaged sidewalk sections. · Installation of tree wells, with street trees and irrigation at 40' on center. · Widening of the existing sidewalk in the public right-of-way, behind new tree wells to provide a 5' clear walkway and to comply with ADA requirements. · Removal and replacement of easterly driveway approach to minimum 14' City standard approach. 14. Grading and Drainage: Prior to issuance of any building permits, the applicant shall refurbish, remodel, and reconstruct the on-site drainage system, as necessary, to demonstrate that it is functioning normally in accordance with the standards of the City as determined by the City Engineer. 15. Parking Lot: Prior to issuance of occupancy for the site, applicant shall satisfy the following on- site traffic mitigation measures required by the Traffic Engineer: A. West driveway shall be used for outbound traffic and east driveway for inbound traffic. Low- level signs and pavement arrows shall be placed to indicate entering and exiting driveways. B. Shrubbery on west driveway shall be trimmed to a height not to exceed 36 inches. C. All parking stalls shall be clearly marked, and a handicap stall shall be provided for access to the front doorway. 16. Completion of Public Street Improvements: Prior to issuance of occupancy approval for the site, all public street improvements required by the encroachment permit must be completed and accepted by the City Engineer/Council and the applicant must provide the one-year maintenance security for 25% of the Faithful Performance Bond. 17. Legal Lot: Prior to issuance of any building permits for the site, the applicant shall submit information as requested by the City Engineer to verify that the property is one legally created lot. 18. Title Report and Grant Deed: Provide a current Preliminary Title Report and Grant Deed. Planning Commission Resolution No. 3115 M 97-11 (PD 78-05) - 106 E. Campbell Avenue - Veterinary Clinic Page 4 19. Water Meters and Cleanouts: Install proposed new water meters and sewer cleanouts on private property behind the public right-of-way line. 20. Underground Utilities: All new on-site utilities shall be installed underground per Section 20.36.150 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility company. 21. Storm Water Management: Comply with California Storm Water Best Management Practices Handbook, prepared by the Storm Water Quality Task Force, Santa Clara Valley Water District. PASSED AND ADOPTED this 26th day of August, 1997, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Alne, Gibbons, Keams, Lowe, Meyer-Kennedy None Jones, Lindstrom None ATTEST' APPROVED: Steve Piasecki, Secretary Susan Keams, Chair ITEM NO. 2 STAFF REPORT - PLANNING COMMISSION MEETING OF AUGUST 26, 1997 M 97-11 H. Power & D. Dubbe Public Heating to consider the application of Dr. Helen Power and Dean Dubbe, on behalf of Dermatology for Animals, for approval of a Modification (M97-11) to a previous Planned Development permit (PD 78-05) to allow the conversion of a restaurant building to a specialty veterinary office on property located at 106 E. Campbell Avenue, in a PD (Planned Development) Zoning District. STAFF RECOMMENDATION That the Planning Commission take the following action: Adopt a Resolution recommending that the City Council Approve a Modification to allow a veterinary dermatologist office, incorporating the attached findings, and subject to the recommended Conditions of Approval. ENVIRONMENTAL DETERMINATION This project is Categorically Exempt in accordance with Section 15301 (Existing Facilities) of the Califomia Environmental Quality Act. No further environmental action is required. PROJECT DATA Gross Lot Area: Net Lot Area: 14,431 square feet 11,354 square feet Building Area: Landscape Area Paving Area: 1,985 square feet, 17% of lot. 3,520 square feet, 31% of lot 5,928 square feet, 52% of lot Parking Proposed Provided: Required: 9 spaces, including 1 handicapped 8 spaces (6 per doctor + 1/200 retail) Hours: 8 a.m.- 8 p.m. weekdays plus Saturday hours DISCUSSION Applicants' Request: The applicants are requesting to use the former restaurant building as a veterinary clinic specializing in diseases and allergies of the skin of dogs and cats. Cases are by referral of other veterinarians only. No routine veterinary services are provided, no surgeries and no overnight stays or boarding of animals. The westerly "sunporch room" will be devoted to retail display of artistically designed products featuring dogs and cats, such as photograph frames, cards, and the like, with the receptionist also acting as the retail clerk. The business has been in operation in Los Gatos since 1992, and Dr. Helen Powers is the only board certified veterinary dermatologist in the South Bay area. Staff Report - Planning Commission Meeting of August 26, 1997 M 97-11 - 106 E. Campbell Avenue Page 2 Building: The applicants plan to purchase the building, and to restore and enhance the building and grounds consistent with their historic character. ANALYSIS General Plan and Zoning: The General Plan designates the property for commercial uses. The proposed use is a commercial use. The Zoning is PD (Planned Development), which requires uses consistent with the General Plan. The Zoning Code also requires that the operation of veterinary clinics be located no closer than 50 feet from any residential zone. The parcel to the rear of the subject parcel is residentially developed, but is located over 50 feet from the proposed veterinary clinic building. Downtown Development Plan: The Downtown Development Plan calls for developing a "mix of economically viable commercial uses downtown creating a balance of daytime and evening activities." The Redevelopment Department raised a concern ( Attachment 3, dated July 22, 1997) that the previously approved restaurant use was a key downtown use, and the proposed veterinary use would not enhance the economic viability of the downtown. Since the date of the Redevelopment memo, a letter has been received from Barbara and Vincent Brunetto, owners of the previous restaurant, the Campbell House Restaurant, outlining their three year effort to locate another restaurant for the site, to no avail (Attachment 4). They point out that the building is historic in nature, needs extensive work both inside and out, and that the proposed buyers desire to restore and beautify the building and site. The applicants have submitted a memo outlining the consistency of the proposed use with the stated goals and policies of the Downtown Development Plan (Attachment 5). They have also more clearly detailed the extent of their proposed improvements to the site and building. Subsequently, the Redevelopment staff support the application, provided the site is significantly improved and retail services are provided. Historic Designation and History: The building is on the historic inventory list. It was constructed in 1925 by Serafino Manfre, copying a Burlingame residence, as a residence for his family. A sunporch was later added to the west wing. In 1935 he sold it to Dr. Frank Anderson, a general practitioner, who used it both as his family residence and his medical office. He later practiced upstairs in the B. O. Curry Building, but continued afternoon office hours in the converted sunporch until 1941. The building was used as a residence between 1941 and 1971, when, by Use Permit UP 71-8, it was converted to a speech and learning center, and a three-car carport was removed from the left rear of the site. Staff Report - Planning Commission Meeting of August 26, 1997 M 97-11 - 106 E. Campbell Avenue Page 3 In June of 1978, by a Planned Development Permit, the property was permitted to be used for a 36 seat "reservations only" restaurant (thus named R.S.V. P ) by owners James and Frank Mackey. The City expressed concerns during the Planned Development review about the increase in traffic and turning movements onto Campbell Avenue of a restaurant use over the existing office use. Campbell House Restaurant, under tenants, Barbara and Vincent Bmnetto, continued a similar type of restaurant use until the end of July, 1997. The building is a California Mission Style one-story house with a red tile roof over the front, stucco exterior, arched windows, and a central tower. Wood windows are used in the front, while the rear is simpler with a flat roof without tile, and metal frame windows. Surrounding Uses: The Bank of America site (vacant and for sale) is located to the north, across Campbell Avenue. Behind the site, facing onto the side street, S. 4th Street, is a single family residence constructed in 1925, which has a garage adjacent to the 106 E. Campbell property line. Commercial buildings flank the subject property on either side along Campbell Avenue. The one-story building to the west has three tenants: a hair salon, a body-piercing salon, and a florist. The building to the east, with one story of offices over underground parking, presently houses four office tenants. The proposed use should not have any detrimental impacts upon the surrounding USES. Existing Site Improvements: Entry to the site is via a narrow driveway east of the building, and exiting via a driveway to the west. The site presently is mostly concrete from the rear of the building back, except along the property lines. Up to 12 parking spaces are provided. Three large deodar cedars are located on the western property line, and a lemon tree is in the center rear. In the right front of the building is a New Zealand Christmas tree, with a cedar tree on the left. Proposed Site Improvements: The applicant proposes to repave the parking and driveway areas, which have deteriorated, and to rearrange the parking spaces to provide a handicap space, and an arrangement more conducive to the one-way driveway, resulting in 8 parking spaces. An outdoor trellised patio is proposed adjacent to the rear of the building. Future plans include a more formal front yard consistent with the California Mission style of the building. Proposed Building Improvements: The front three rooms of the building, which housed the public portion of the former restaurants, are in good shape, but the rear rooms need work. The applicants propose to renovate the building and the exterior parking and landscaping in stages and have provided a construction schedule: Staff Report - Planning Commission Meeting of August 26, 1997 M 97-11 - 106 E. Campbell Avenue Page 4 Phase 1 The first remodel, required to use the building as a clinic, will be to the left rear of 8-12/97 the building, where the former restaurant kitchen was located. The commercial restaurant appliances have been removed, but the plumbing and 220 electrical supply still exist. This area will be the workroom and restroom area. All windows and doors on the east wall, adjacent to the driveway will be removed and stuccoed in to provide the work wall. Also at this time, the interior and outside stairs leading to the storage basement will be removed, and a new stairway built behind the restroom. Phase 2 The exterior will be painted to match the colors of the Heritage Square Office 9-12/97 complex. Phase 3 The driveway and parking area will be improved and revised. ~ 1/98 Phase 4 Landscape improvements per site plan, including additional landscape areas: rear 1-3/98 employee trellis garden area to rear of building, and landscaped area to right of westerly driveway. Phase 5 Completion of conference room at right rear of building. 6/98 Staff Recommendation: In light of the amount of work needed to restore the building and the site, the applicants' commitments to do so, the retail use of a portion of the building, the specialty nature of the business, and the information provided by the former restaurant owners of the extensive nature search for a replacement restaurant, staff is recommending approval of the proposed use, subject to the attached conditions. Staff is also recommending that the utilities required to set up any future restaurant (i.e. the 220 A.C. wiring) not be removed by the applicant. Attachments 1. Findings for Approval 2. Conditions of Approval 3. Redevelopment Memo 4. Letter from owners of the Campbell House Restaurant 5. Applicants' memo addressing the Downtown Development Plan, Compatibility ,and willingness to work with City and Historic Preservation Board. 6. Application Exhibits 7. Letter of support from Donna Hagerty 8. Location Map See Public Works condition requiring driveway improvements for drainage. Staff Report - Planning Commission Meeting of August 26, 1997 M 97-11 - 106 E. Campbell Avenue Page 5 Prepared by: Bar/b~ra Schoetz Ryan, Planfer I Tim Planner FINDINGS FOR SITE ADDRESS: APPLICANTS: P.C. MEETING: Attachment 1 OF APPROVAL FOR FILE NO. M 97-11 106 E. CAMPBELL AVENUE DEAN DUBBE & HELEN POWERS AUGUST 26, 1997 Findings for Approval of a Modification to a previously approved Planned Development Permit to allow operation of a specialty veterinary_ clinic. The Planning Commission finds as follows with regard to M 97-11: 1. The proposed use will bring clients from outside the area into the downtown who normally would not visit downtown Campbell. 2. The proposed use will have a retail component in addition to the consultation component. 3. The building and grounds are in disrepair, and the applicant has indicated a considerable commitment to restring and beautifying the site. 4. The building is an historic building and should not be permitted to continue to decline. 5. An extensive effort has been undertaken to attract another restaurant use to the site, to no avail. 6. The building has been used by several past owners for medical office purposes. Base upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed modification and improvements would result in a more desirable environment. 2. The proposed modification would not result in a situation contrary to the intent of the PD permit by which the development was originally approved. Attachment 2 CONDITIONS OF APPROVAL FOR FILE NO. M 97-11 SITE ADDRESS: 106 E. CAMPBELL AVENUE APPLICANTS: DEAN DUBBE & HELEN POWERS P.C. MEETING: AUGUST 26, 1997 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 is to work is identified. Additionally, the applicant is hereby notified that he/she id required to comply with all applicable Code or Ordinance of the City of Campbell and the State of California that pertain to this development and are not herein specified. PLANNING DEPARTMENT Approved Project: Approval is granted for a Modification to the previously approved Planned Development Permit to allow a veterinary dermatologist consultation office and clinic, with a retail component. Said approval is subject to the description of the use and concomitant improvements to the building and grounds as indicated on the site plan and application for the permit, except as modified by the Conditions of Approval. 2. Hours of Operation: The hours of operation shall be no greater than from 7 a.m. - 11 p.m. weekdays, and daytime hours on Saturdays. 3. Size/type of Animals: Treatment shall be confined to small domestic animals. 4. Overnight Use: The approval does not permit the overnight boarding of animals, nor residential use of the property, except for emergency purposes. o Noise: The entire clinic, including treatment rooms, cages or pens shall be maintained within a completely enclosed, soundproofed building constructed of materials which will ensure that no interior sound exceeding sixty-five decibels shall be audible on the exterior of the building. The clinic shall be provided with air-conditioning which is adequate to prevent the necessity of opening doors and windows for ventilation purposes. Odor: The clinic shall be designed and operated in such a manner as to guarantee that no objectionable odors or noises shall be produced outside its walls, and provisions for off-site disposal of all waste materials shall be in compliance with county health standards. 7. Historical Preservation Board Review: Any exterior changes to the building and grounds shall be submitted to the HPB for review. 8. Landscape Plan: A Landscape Plan shall be submitted for review by the City Landscape Consultant for restoration and upgrade of the landscaping, prior to occupancy. Page 2 - CONDITIONS OF APPROVAL FOR FILE NO. M 97-11 9. Utilities: All existing utilities existing and necessary for the use of the building as a restaurant shall be retained. 10. Timing and Guarantee of Improvements: The improvements shall adhere to the schedule submitted by the applicant, except as modified by Public Works conditions for public right- of-way and drainage improvements. The applicants shall post a faithful performance bond for any exterior building, paving and landscaping work to be completed after occupancy. 11. Reciprocal Access Agreement: The applicant shall record an agreement to provide reciprocal vehicle access with the parcel to the immediately to the west (not into effect until owner of parcel to the west also records such agreement). FIRE AND BUILDING DEPARTMENTS 12..Permits: Any improvements shall be submitted for review and approval by the City Building Department and the Santa Clara County Fire Department. PUBLIC WORKS 13. Standard Street Improvements: Prior to issuance of any building permits for site, the applicant shall cause plans for public improvements to be prepared by a registered civil engineer, pay fees, post securities and provide insurance necessary to obtain an encroachment permit for construction of the improvements, as required by the City Engineer. The plans shall include the following: Removal and replacement of the damaged sidewalk sections. Installation of tree wells, with street trees and irrigation at 40' on center. Widening of the existing sidewalk in the public right-of-way, behind new tree wells to provide a 5' clear walkway and to comply with ADA requirements. Removal and replacement of easterly driveway approach to minimum 14' City standard approach. 14. Grading and Drainage: Prior to issuance of any building permits, the applicant shall refurbish, remodel, and reconstruct the on-site drainage system, as necessary, to demonstrate that it is functioning normally in accordance with the standards of the City as determined by the City Engineer. 15. Parking Lot: Prior to issuance of occupancy for the site, applicant shall satisfy the following on-site traffic mitigation measures required by the Traffic Engineer: West driveway shall be used for outbound traffic and east driveway for inbound traffic. Low-level signs and pavement arrows shall be placed to indicate entering and exiting driveways. Page 3 - CONDITIONS OF APPROVAL FOR FILE NO. M 97-11 B. Shrubbery on west driveway shall be trimmed to a height not to exceed 36 inches. C. All parking stalls shall be clearly marked, and a handicap stall shall be provided for access to the front doorway. 16. Completion of Public Street Improvements: Prior to issuance of occupancy approval for the site, all public street improvements required by the encroachment permit must be completed and accepted by the City Engineer/Council and the applicant must provide the one-year maintenance security for 25% of the Faithful Performance Bond. 17. Legal Lot: Prior to issuance of any building permits for the site, the applicant shall submit information as requested by the City Engineer to verify that the property is one legally created lot. 18. Title Report and Grant Deed: Provide a current Preliminary Title Report and Grant Deed. 19. Water Meters and Cleanouts: Install proposed new water meters and sewer cleanouts on private property behind the public right-of-way line. 20. Underground Utilities: All new on-site utilities shall be installed underground per Section 20.36.150 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility company. 21. Storm Water Management: Comply with California Storm Water Best Management Practices Handbook, prepared by the Storm Water Quality Task Force, Santa Clara Valley Water District. CITY OF CAMPBELL Community Development Department · Current Planning August 15, 1997 NOTICE OF 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, August 26, 1997, in the City Hall Council Chambers, 70 North First Street, Campbell, California, for a Public Hearing to consider the application Mr. Dean Dubbe and Dr. Helen Power, on behalf of Dermatology for Animals, for approval of a Modification (M 97-11) to a previous Planned Development Permit (PD 78-05) to allow the conversion of a restaurant to a veterinary office on property located at 106 E. Campbell Avenue (Campbell House) in a PD (Planned Development/Commercial) Zoning District. This project is Categorically Exempt Interested persons may appear and be heard at this heating. Please be advised that if you challenge the nature of the above project in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this Notice, or in written correspondence delivered to the City of Campbell Planning Commission at, or prior to, the Public Heating. Questions may be addressed to the Community Development Department at (408) 866-2140. 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 97-11 (PD 78-05) Address: 106 E. Campbell Avenue 70 North First Street · Campbell, California 95008.1423 . TEL 408.866.2140 · VaX 408.866.8381 · TDD 408.866.2790 Donna Hagerty 27911 Berwick Drive Carmel, CA 93923 August 6, 1997 CITy C,q Planning Board City Hall 70 North First St. Campbell, CA 95008 Dear Sir/Madam: I am writing you in support of Dr. Helen Power's Planning Board application to convert a restuarant in Campbell imo a veterinarian's office. Dr. Power's specialty is highly regarded and in great demand in the pet community. Since there are no veterinary dermatologist practicing in the Monterey Peninsula, we pet owners will be utilizing her services. Again, I strongly urge you to approve Dr. Power's application to the Planning Board. Thank you for your attention to this matter. Si,.ncerely, Donna Hagerty cc: Dr. Helen Power MEMORANDUM CITY OF CAMPBELL To: From: Barbara Ryan, Project Planner Geoff I. Bradley, Redevelopment Coordinator Date: July 22, 1997 Subject: 106 E. Campbell Ave. File No.: M97-11 (Dermatology for Animals) Barbara, thank you for the opportunity to comment on the above referenced application. The conversion of the existing Campbell House Restaurant into a specialty veterinary practice raises a number of issues. The City is striving to create a dynamic mix of uses downtown, that will bring people downtown during the day and evenings. A key component of this strategy is to encourage new restaurants downtown. The existing Campbell House Restaurant, one of the few five star restaurants in the area, has been in business for 18 years. This location is a resource for downtown, as another restaurant could move into the space with minimal changes required. While the Redevelopment Agency understands the difficulties of running a restaurant at that location, it would be prudent to hold off on approving a veterinary use until efforts to locate a use more downtown related use could be made. One of the most important considerations is implementation of the Downtown Development Plan. The Plan calls for developing a "mix of economically viable commercial uses downtown creating a balance of daytime and evening activities." CSnxently, there is a preponderance of daytime related activities, with a dearth of nighttime destinations. Restaurants are a key ingredient in creating a viable downtown. The location at the western gateway to downtown is an important one in terms of providing visitors with a first impression of downtown. As such, a more active use is envisioned for this location. The proposed veterinary use, while specializing in dermatology, raises the issue of compatibility with surrounding residential and commercial uses. While the limited nature of services offered would tend to reduce the possibility of negative impacts, future evolution of the business, or future users taking advantage of the approved use, may pose serious issues for the immediate area. cc: Kirk Heinrichs, Redevelopment Manager Bernard Strojny, City Manager Attachment 4 Cc: Mayor Barbara Conant ~ O ' O ~ Subject: Comments for Steve Piasecki - ~ ' ~ Dear Steve, As requested, here are my thoughts on the current condition and future use of 106 E. Campbell, the former Campbell House Restaurant. 1) Current condition: Roof leaks and has for several years. Termites are present and have been for several years. Both these facts were reported to our landlord when they first occurred. He has not successfully dealt with either problem. The whole building is what I would term neglected and in need of someone with the financial capability and the concern to correct current defects and properly maintain the property in the future. The very fact that the owner has decided to sell indicates that he does not consider himself to be that person. 106 E. Campbell is one of the many histodc homes in Campbell, built in the late twenties, that enhance the ambiance of and provide charm to the neighborhood. We are very fond of the building and supportive of downtown redevelopment and think that the interests of Campbell would be best served by a new owner who will maintain and appreciate the property in the manner which it deserves. 2) Future Use: I understand the desire of the City to see another restaurant on this site. I understand the positive effects that a restaurant has in the redevelopment plan. We concur with that thinking and have attempted for the last three years to find a buyer for the Campbell House. Nothing could have been more desirable for us both financially and as community members to pass the torch and let the dining tradition continue. We engaged a business broker for six months. We contacted every major Chef we know in the South Bay. We contacted a number of major restaurateurs in San Francisco. No one was interested. There was never even anyone who actually came and looked at the site. At this moment you have at hand a buyer who has, as she says, "a vision" for the property. She wants to upgrade, remodel, improve, beautify and in every way polish this sadly neglected little jewel. She talks of a garden out back, an attractive front yard, a remodeled intedor which would preserve the beauty of the front rooms. She is a "one of a kind" professional in her field and draws clients from all over the Bay Area. What more could you possibly want????? Here she is, right now, ready to go to work. Do you have a restaurateur at hand? Are you actively seeking one? We had asked Kirk Heindchs several years ago to help us in our search for a buyer and let us know if anyone came to him looking for a Campbell location. We never heard from him of such a person. Please, let this building have an owner to love and care for it. If it is not maintained and repaired soon, the issue will become moot. And then look to the future. Some day Helen Power will also move on. When that happens, what better hope than to have had a property owner who has been present on the site and' conducted her business there and had a stake in maintaining and preserving this lovely historical home. VV'~h respect, good wishes and too many wonderful Campbell memories to recount, Barbara and Vincent Brunetto DERMATOLOGY FOR ANIMALS HELEN T. POWER, DVM Diplomate, American College of Vetertnal3/ Dermatology July 11, 1997 Dear Plan Review Members: Thank you for your consideration of our proposal to return the Serafino Mantre house at 106 East Campbell Avenue to its historical use. We look forward to working constructively with the City to preserve and showcase the interior and exterior of this historic home, doctor's office, and learning institute. Dermatology For Animals will bring a unique, successful, and ongoing business downtown with the commitment and resources to repair and improve this property. We also bring destination customers for downtown businesses and sales mx revenues for the City of Campbell. Furthermore, our proposed use is not only compatible with, but supportive of the City's 1996 Downtown Development Plan. Our landscape architect will complete plans shortly for your review. We are available at any time for questions or clarifications about our use or plans for improvements. Thank you again for your consideration. Sincerely, Helen Power, DVM, DACVD (408) 354-1840 Dean Dubbe, MBA (408) 335-1827 17480 Shelburne Way, Los Gatos, CA 95030 · 408/354-1840 DERMATOLOGY FOR ANIMALS HELEN T. POWER, DVM Diplomate, American College of Veterinat3/ Dermatology Statement of Proposed Use and Compatibility Existing Use The building's use was changed from an office use to a restaurant use in 1979. The building's current owner, Frank Mackey, operated the restaurant for 8 years before selling the operation to Vincent and Barbara Brunetto in 1986. Both restaurant operators found they were unable to sustain a viable business because of the physical limitations of the building. As the City of Campbell knows, the Brunetto's have been trying to sell the restaurant operation for 2 years without receiving any viable offers (addendum). Because they can no longer sustain the business, they are closing the restaurant on July 26, 1997, and Mr. Mackey is selling the building. As professional restaurant owners and operators for over 20 years, Mr. Mackey and the Brunetto's do not believe a restaurant use can be economically viable in this building because of its limited size. Proposed Modification To Use The applicants, Dr. Helen Power and Dean Dubbe, have signed a purchase agreement and opened escrow on June 19th, 1997, for the purchase of this property with the intention of operating a specialized veterinary medical consultation business. Dr. Power is a board certified veterinary dermatologist who has operated Dermatology For Animals in Los Gatos as a sole proprietor business since September, 1992. Dermatology For Animals is a specialty clinic specializing in diseases and allergies of the skin in small animals. It is a referral only practice, seeing cases referred by general veterinary practitioners throughout the Bay Area, but particularly Santa Clara, San Mateo, Alameda, Monterey, and Santa Cruz Counties. Dr. Power is the only veterinary dermatologist in the South Bay area. Characteristics of the practice: · Specialty practice limited to dermatology cases referred by primary care veterinarians. · Consultation appointments with animal owners focused on the management of life long skin conditions. · Limited to phone and clinic consultations and outpatient treatment. · No overnight stays or boarded animals. · No routine services (vaccinating, neutering, euthanizing, radiology, surgery). · 1-3 animals in clinic at any given time during business hours. · 8-12 appointments/day. · Business hours 8:00 a.m. to 8:00 p.m. weekdays; 8:00 a.m. to 5:00 p.m. Saturdays. · 2 employees and 1 doctor on premises during business hours; 5 employees total. · Treatment related retail sales to clients generating sales tax revenues. City of Campbell Planned Development Application - 106 E. Campbell Ave. 17480 Shelburne Way, Los Gatos, CA 95030 · 408/354-1840 Compatibility with 1996 Downtown Development Plan & Zoning Based on review of the City Downtown Development Plan and PD & C1 zoning guidelines, the applicants believe the proposed use is consistent, as indicated, with the stated goals and policies outlined below. Facilitate An Economically Viable Commercial District · Dermatology For Animals brings a successful ongoing 7 year old business downtown. · It brings destination customers to downtown Campbell from the entire Bay Area. · Its 5 professional employees would shop and eat in Campbell. · Restaurant use is no longer economically viable because of building size (addendum). Provide Resident Serving & Destination Businesses · 10% of current clients are from the Campbell area. · Remainder of clients are drawn from San Francisco to Monterey. · Our destination clients typically spend lime and money downtown shopping and eating. Provide Day and Evening Activities · Hours from 8:00 a.m. to 8:00 p.m. weekdays. · Open Saturdays 8:00 a.m. to 5:00 p.m. Designate East Campbell Ave. West of Second St. As Mixed Use Commercial. · 106 E. Campbell property located in this area. · Commercial office, personal service, and retail uses are appropriate and permitted use. · Applicants' business is permitted as a C1 neighborhood commercial zoning (Ordinance 21.22.030Q) or PO professional office zoning (Ordinance 21.20.030). · New use for this area to support mixed use designation. · 106 E. Campbell property lies outside the designated retail/restaurant core. Encourage Protection & Restoration of Historic Buildings · Use would provide owner occupied historic building. · Proposed use is economically viable, providing protection from demolition and income for restoration. · Applicants are committed to restoring and enhancing the exterior and interior of the historic Serafino Mantre House at 106 E. Campbell,Ave. · Applicants are committed to enhancing landscaping and street appeal (plans to be submitted). Preserve and Enhance the History and Character of Campbell · 106 E. Campbell was built as a home for Serafino Mantre in 1925 (addendum). · Historically, the home was used as a doctor' s office in the 30' s and 40' s. · Subsequent use was as an institute for the learning disabled. · Proposed medical and consultation use would be in character with historic use. City of Campbell Planned Development Application - 106 E. Campbell Ave. Willingness To Work Cooperatively With The City Of Campbell The applicants are open to and interested in working constructively with the City' s Council, Planning Commission, Historic Preservation Board, and their staff to preserve and showcase the interior and exterior of this historic building. The applicants are also open to creatively discussing a mixed compatible use for a portion of this building that addresses thc desires of the City for additional retail frontage. City of Campbell Planned Development Application - 106 E. Campbell Ave. Saratoga Investn. Jnt Company C~)rnmerc~al Reai E~,a2~e i3r~ra~e 4125 Blackford Avenue, Suite 250 San Jose, California 95117 (408) 249-8100 FAX (408) 2494~151 June 26,1997 Mr. Michael Mullinix Mullinix Commercial Real Estate 1875 South Bascom Avenue, Suite 116-279 Campbell, CA 95008 106 East Campbell Avenue Campbell, CA Dear Michael, I am sorry that I will not be able to meet with you before I leave on vacation, but I gather from our last conversation that the City of Campbell has indicated some reluctance in granting a use permit to Dr. Helen Power for her specialty veterinary practice, Dermatology For Animals. It would seem that this would be an ideal use for this building, particularly because of the limited nature of the practice. It should be noted that the building, in fact, was a doctor's office for many years and the present owner of the building, Frank Mackey, encountered a great deal of difficulty from the City some twenty years ago in trying to convert the building to a restaurant use. Although he ran a very successful and popular operation, as have the current owners, Vincent and Barbara Brunetto, the building has a number of limitations. Because of the building's size and limited parking, seating is limited to 36. Therefore, a high volume operation will not work at this location. This dictates a high end cuisine and requires intensive, hands-on operation by the owners to remain viable and profitable. Although both Frank Mackey and the Brunetto's were able to be successful, the intensity of the operation brought about burnout in both cases. For this reason, the restaurant is being closed. As the City of Campbell knows, the Brunetto's have been trying to sell the restaurant operation for over two years without success. In that time, they had no viable offers for the business. In addition, as we all know, restaurants are very difficult to manage and have very high failure rates Mr. Michael Mullinix June 26, 1997 Page 2 For these reasons, it would seem that the City of Campbell would be anxious to have a skilled and seasoned medical professional, such as Dr. Power, bring her successful practice to this location. Campbell has any number of other restaurants and any number of alternative locations for new restaurants, but limited opportunities to attract businesses of this caliber to downtown Campbell. Michael, I will be back on Monday, July 7th. If I can be of any help, please let me know. Sincerely, J.~ G. F~guson ~A~LatTOGA INVESTMENT COMPANY ~ PARKING ~ 106 E CAMPBELL ~> ,,z, M~RoPous S~LON S~DEWALK ~ EAST CAMPBELL AVENUE PROPERTY LINE (LOT 131' DEEP X 86'8"WIDE) PAVED AREAS LANDSCAPED AREAS STRUCTURES WALKWAY SCALE: 1" = 20' II EXISTING SITE PLAN FOR NORTH C IMPROVEMENT PLANS ARE UNDER DEVELOPMENT AND WILL BE PROVIDED. TRAFFIC FLOW AND PARKING UNCHANGED.) BANK OF AMERICA BUILDING ON NORTH SIDE OF CAMPBELL AVENUE STAFF LOUNGE (WAS WALTER STATION) --FUTURE REMODEL-- BUSINESS OFFICE (WAS BUSINESS OFFICE) --FUTURE REMODEL-- EXAMNVORK ROOM (WAS KITCHEN) - STORAGE ROOM (WAS STORAGE STORAGE ROOM (WAS STORAGE ROOM) --FUTURE REMODEL-- RECEPTION AREA (WAS DINING AREA) --NO CHANGES-- DOCTOR'S OFFICE (WAS DINING AREA) --NO CHANGES-- CONSULTATION OFFICE (WAS DINING AREA) --NO CHANGES-- FRONT ENTRANCE INTERIOR PLAN 106 EAST CAMPBELL AVENUE (SHOWING PLANNED & FORMER USE AND REMODELING PLANS) ~ HAN ~ PARKING .............................................................................................. ~ CO. RED BY TRELLIS , CEDARS CAMPBELL m m M~ROPOLIS ~ 2' HEDGE OR STU~O WALL-- ~ SALON SIDEWALK EAST CAMPBELL AVENUE PROPERTY LINE (LOT 131' DEEP X 86'8"WIDE) PAVED AREAS LANDSCAPED AREAS STRUCTURES WALKWAY SCALE: 1": 20' NO.TH II PROPOSED SITE PLAN FOR , 106 E. CAMPBELL AVENUE BANK OF AMERICA BUILDING ON NORTH SIDE OF CAMPBELL AVENUE Conference Room (phase IV) Work & Rest Room (phase I) rest room Doctor's Office (no change) Reception/Retail (no change) Retail (no change) 106 E. CAMPBELL AVENUE- INTERIOR PLANS Improvement Plans For 106 E. Campbell Avenue Phase 1: Remodel former kitchen and rest room spaces (see interior plan). September-December, 1997 Phase 2: Exterior painting (colors to match Heritage Square Office complex). October - December, 1997 Phase 3: Driveway and parking improvements (see site plan). January, 1998 Phase 4: Landscape Improvements (see site plan for areas to be landscaped). January - March, 1998 Phase 5: Conference room completion (see interior plan). June, 1998 City Clerk Please collect for the follow_ I. Ma.ior: A. 1+ acres - Planned Development Permit EIR Review $4,425 4,a~5 4,47.5 4,425 B. ~la~e Planned Development Permit EIR Review 3,225 II. ]~inol': A. Subdivision Map (5+ lots) Site and Architectural 10+ K S.F. Tentative Parcel Map (4<Lots) S,22S ~,1~0 2A~O Bo Site and Architectural 0-10 K S.F. Variance (Non-residential) Text Amendments Use Permit l,ss0 III. Miscellaneous: A. Variance (Residential) Modifications of Approval ~-M~:lification PD Permit Reinstatements Revised Development Schedule Extensions of Time Bo Lot Line Adjustments Site and Architectural (Res.) (Each House) Signs (Each Sign) Fence Exception Promotional Events Co 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 Prob.-ct Plan Review Subdivision Park Impact Fee - Account 295535.4920 625 18.00 22 1 SO 150 100+ 10 per lot/unit For City Clerk Only: Receipt No: j ~ ~f~ x./ RR~I~IVRD 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, 6120195. DERMATOLOGY FOR ANIMALS HELEN T. POWER, DVM Diplomate, American College of Veterinary Dermatology July 1, 1997 Mr. Bernard Strojny City Manager City of Campbell 70 North First Street Campbell, CA 95008 Dear Mr. Strojny: Thank you for the opportunity to meet with you and Mayor Conant yesterday. We appreciate your interest in having Dermatology For Animals join the Campbell business community and understand your desire to keep the Campbell House Restaurant a restaurant. While sympathetic to the city's interest in retaining an existing restaurant, we and the current owner and operators of the Campbell House (attachment) believe that the building's physical limitations preclude its success as a viable and profitable restaurant. This will be especially so when new owners must service a significantly larger debt and make much needed repairs and improvements. The Brunetto's inability to sell their restaurant after two years of trying is a strong market indication that this is not a viable restaurant building. By contrast, Dermatology For Animals brings a viable, ongoing business downtown with the resources to repair and improve this property. We also bring destination customers for downtown businesses and sales tax revenues for the City of Campbell. Furthermore, our proposed use is not only compatible, but supportive of the City's 1996 Downtown Development Plan (attachment). We remain open to working constructively with the City to preserve and showcase the interior and exterior of this historic home, doctor's office, and learning institute. We also remain open to creatively discussing a mixed compatible use for a portion of the building that addresses the desires of the City for additional retail frontage. Thank you again for your kind consideration. We look forward to continued discussions. Helen Power Dean Dubbe (2 attachments) 17480 Shelburne Way, Los Gatos, CA 95030 · 408/354-1840