Site Approval - expired - 1996 oF'C4,t,
CITY OF CAMPBELL
Community Development Department
March 5, 1998
Richard Emigh
c/o Andrew H Petersen
Consulting Engineering
P.O. Box 986
Capitola, CA 95010
Subject: Comments on Preliminary Plans for 161 Curmer Avenue, Campbell, CA
Dear Mr. Emigh,
Thank you for submittal to the Planning Department of preliminary building plans for Burt Bell's site.
The plans were provided to Public Works for comment. Harold Housely, Land Development Engineer in Public
Works, will contact you separately. The Building Department will not review the plans for a building permit without a
formal application.
The comments of the Planning Department are as follows:
The approval by the Planning Commission is about to expire. A Site and Architectural Review Permit is good for
only one year (see condition 2 of the approval conditions). During that year it is expected that a building permit
will be secured. In order to not lose the approval, Burt Bell should file for an extension, which must be
reviewed by the Planning Commission. It is common practice for the Commission to approve a one year
extension. I am sending a copy of the application for an extension to Mr. Bell with his copy of this letter.
The legal address for this parcel is 161 Curtner Avenue, not 197 Curtner Avenue. All plans should be changed
accordingly. The address painted by Mr. Bell on the building has not been changed legally. If he wants a different
address it must be applied for through the Building Department, which will review it, after they have obtained
approval from the fire department and the post office.
3. Site Plan
A. All parking spaces in front of the building should be 18 feet in length to a curb, which functions as a
bumper stop, with the additional required 2 feet of parking space being beyond as bumper overhang area.
B. The area between such curb and the pillars of the building in front of the disabled parking space and the
one next to it should be designated as an extension of the front landscape planter.
C. The area between such curb and the side property fence for the other two front parking spaces should be
designated as all raised concrete.
D. A 7 foot monolithic sidewalk should be indicated along the street frontage.
3. Sheet A2 (Floor Plan)
A. The pillars do not match those indicated on the plans submitted to and approved by the Planning
Commission:
1. The approved plans indicate the pillars as free-standing, like the two shown at the entrance, as roof
supports, and not attached to the building wall.
2. The approved plans indicate the diameter of the columns as 2 feet, not 1.5 feet. This affects the
proportions of the columns. The diameter should be called out on the plans.
B. The roof overhang should be more clearly indicated.
70 North First Street · Campbell, California 95008.1423 · TEL 408.866.2140 - v^x 408.866.8381 · TDD 408.866.2790
C. Exterior wall dimensions should be indicated.
D. A scale should be indicated on this sheet.
E. In the upper right, to the fight of the last pillar, the relationship of the walls, both interior and exterior, new
and existing adjacent, is vague. The wall appears to vanish.
Sheet A3 (Elevations)
A. The approved elevations have a continuous overhang with the columns under, supporting it.; it is not
broken by the columns as indicated on this drawing.
B. One of the most important criteria for approving the plans was to ensure that the addition blended well with
the existing buildings. For that reason it was important that all the buildings have the same width
overhang/parapet, with the top and bottom lines at the same heights. The top elevation on this page shows
them not matching The lack of a continuous line will not be approved
C. East side
1. The new portion of the building is almost entirely inaccurately portrayed. Hardly any of it matches the
floor plan, and the front columns are missing.
2. Please include the meter box on the elevation
A. West side
The right side of the south elevation, from the pillar to the left of the front door rightward, is not accurate;
it does not match the floor plan.
Sheet L 1 (Landscape Plan)
Condition 4 of the Site and Architectural Permit required that the Landscape Plans be prepared by a Landscape
Architect registered by the State of California. The plan will not be submitted to the City's Landscape Advisor for
review until it meets this criteria.
Missing Building
The approval included changes to the exterior of the rear building to match those of the front, continuing the line
of the overhang/parapet. No plans have been included for this building. The building must be remodeled together
to ensure they match.
Should you have any questions on the above, please give me a call at 408-866-2193.
Sincerely,
/Barbara Schoetz Ryan
Planner I
CC.
Burt Bell
Frank Cauthom, Building Official
Harold Housley, Land Development Engineer
December 7, 1998
CITY OF CAMPBELL
Community Development Department
Mr. Burton Bell
161 Curtner Avenue
AKA 197 Curtner Avenue
Campbell Auto Body
Campbell, CA 95008
Subject: Answer to questions regarding use of property and other body shops.
Dear Mr. Bell,
Use of Property
You requested information on what use can be made of your property located at 161 Curtner Avenue,
which you refer to, and have painted the address number on the building, as 197 Curtner Avenue.*
Many years ago, when Campbell Auto Body left its location at 180 E. Sunnyoaks Avenue, and you
purchased the property at 161 Curtner Avenue, you asked the same question of the City. The City had
informed you that you were illegally conducting your business fi.om the new location, and had made
changes to the rear structure without first obtaining a building permit. Prior to your purchase of the
property, it had been used, in conjunction with the property next door to the east, as a plumbing supply
business.
Our answer today is the same as you were given at that time. You were informed by Darryl Jones,
previous Senior Planner for Campbell, that the property on Curtner Avenue was deficient for autobody
use both due to A) an inadequate number ofparkimg spaces to meet code requirements for the use, and
B) the fact that the buildings on the site were not constructed to the Uniform Building Code
requirements for autobody work. Until these deficiencies were addressed, the ONLY use to which the
buildings could be put was, and still is, warehouse use, i.e. storage only. This is because the number of
parking spaces required for warehouse use is low. Also, the items stored in the buildings must be
consistent with the UBC and Fire Code requirements for the type of construction.
After discussions, you and Darryl concluded that for the premises to be used for autobody work, the
following must be accomplished: 1) remove a portion of one of the two buildings to reduce the
required number of parking spaces (which are based upon the square footage of the building), 2) place
a new facade on the portion of the building which was removed, 3) redesign the parking area to
provide the parking and to get the area to drain, and 4) remodel the buildings to meet the standards of
the UBC for autobody work.
* For any address to be legally assigned or changed, application must be made to the Building Department of the City for
approval. This department refers the proposed address to the Address Information System, and coordinates with various
agencies. Please call Darlene Becker, of the Building Department, at 866-2130, to make your request.
70 North First Street . Campbell, California 95008. 1423 · tEL 408.866.2130 · ~:.ax 408.866.8381 · TDD 408.866.2790
Page 2 - Mr. Burton Bell - 12/07/98
As with all commercial and industrial buildings in Campbell, review of such changes is subject to
approval by the Planning Commission, with structural changes subject to review by the Building
Department, and driveway changes by the Public Works Department.
You came up with a concept for the removal of the square footage and remodel, and for the new
appearance of the facade of the fi'ont building. We worked with you to design a parking layout which
met the Fire Department standards and the parking code. We also worked with you for many months to
obtain a complete and workable application which was subsequently approved by the Planning
Commission.
However, no application was ever made to the Public Works or the Building Departments for
construction permits. A very inaccurate set of plans was dropped off at the Planning Department for
review. A letter was sent to the address on the plans and to you with our comments. However, no plans
were submitted, or permits applied for with either the Building Department or Public Works.
Since that time, a canopy was constructed off the rear building, again without permits. The Hazardous
Materials Division of the Fire District informs us that they have cited you for the storage of several
barrels of hazardous materialsinside one of the buildings.
The fence which you constructed in the public right-of-way without permits, still stands. Several
members of the City and other agencies have observed that work on autos is taking place on the
property in violation of the requirements of many agencies.
Other Autobody Businesses
You requested that the City look into how other autobody shops could be operating without also
needing to obtain the permits which you are required to obtain. We previously looked into the
circumstances of those whose names you had given us and verbally informed you what we had found.
As you are again making the same request, we are this time putting our response in writing. If there are
other ones subsequent to your previous request, please provide us with their names and locations and
we will research them as well.
Our previous research concluded that the new businesses you reported were ones which had taken over
a business and location which had previously been operating as an autobody business. Under the law, a
business is required to meet the terms in effect at the time the use commences. Those businesses took
over previous businesses which opened under the codes in effect many years ago, which were not as
stringent as today's. If you had purchased an existing autobody business, it would be likely that you
could have continued to operate at such a location as well.
Since~Lrely,
iRYan, AICP
cc. Sharon Fierro
CITY OF CAMPBELL
Public ~(/orks Department
May 9, 1997
Burton Bell
West Wood Construction
P.O. Box 33214
Los Gatos, CA 95031-3214
Re: S 96-15 - 161 Curtner Avenue
Dear Mr. Bell:
The Planning Commission, at its meeting of April 22, 1997, adopted Resolution 3086 granting
a Site and Architectural Approval to allow the remodel of an existing building for an
automobile repair facility at the above-referenced address.
At your earliest convenience, I would like to arrange a meeting with you (and your civil
engineer and landscape architect) and the City's Public Works land development team. The
purpose of the meeting would be to review the conditions of approval imposed by the Public
Works Department and the Department's procedures and requirements for satisfaction of those
conditions. The land development team may also include representatives from the Planning
and Building Divisions. We hope this meeting will facilitate your project and assist in making
your project a success.
Please contact me at (408) 866-2158 to arrange a meeting time and to answer any questions.
/-'"~Sincer~, /~'~;~ ~ ./~~ff'"
gm g ~
CC:
Michelle Quinney, City Engineer
Frank Cauthorn, Building Official
Barbara Ryan, Planner I
h:\wbrd/landdev/161 curtn(mp)
70 North First Street · Campbell, California 95008.1423 · TEL 408.866.2150 · FaX 408.376.0958 . TOD 408.866.2790
CITY OF CAMPBELL
Community Development Department · Current Planning
April 22, 1997
Burton Bell
West Wood Construction
P.O. Box 33214
Los Gatos, CA 95031-3214
Re: S 96-15 - 161 Curtner Avenue
Dear Applicant:
Please be advised that the Planning Commission, at its meeting of April 22, 1997,
adopted Resolution No. 3086 granting a Site and Architectural Approval for the above
referenced property.
This approval is effective 10 days following the Planning Commission's action, unless
appealed, and is subject to the conditions of approval. 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 regarding the Commission's approval, please do not hesitate to
contact the undersigned at (408) 866-2141.
Sincerely,
/
B~bara Schoetz Ryan
Planner I
CC:
Burton Bell
Campbell Auto Body
180 E. Sunnyoaks Avenue, Unit 1
Campbell, CA 95008
70 North First Street · Campbell, California 95008.1423 · 'rtl 408.866.2140 · Fax 408.866.8381 · TDD 408.866.2790
RESOLUTION NO. 3086
BEING A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF CAMPBELL GRANTING
A SITE AND ARCHITECTURAL APPROVAL TO ALLOW
THE REMODEL OF AN EXISTING BUILDING TO ALLOW
THE ESTABLISHMENT OF AN AUTOMOTIVE REPAIR
FACILITY ON PROPERTY LOCATED AT 161 CURTNER
AVENUE IN AN M-1-S (LIGHT INDUSTRIAL) ZONING
DISTRICT. APPLICATION OF MR. BURTON BELL. FILE
NO. S 96-15.
After notification and public hearing, 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 S 97-15.
1. The proposed development with the remodeling of the building and the addition of
landscaping will substantially enhance the site.
2. The project provides 18 parking spaces and complies with the parking standards for
autobody repair and parts storage uses.
3. The site and architectural improvements are consistent with the use of the site for an
autobody repair facility, as permitted in the M-1-S zone.
Based upon the foregoing findings of fact, the Planning Commission concludes that:
1. The proposed project will be consistent with the General Plan and the zoning.
2. The proposed project, subject to the required conditions, will aid in the harmonious
development of the immediate area.
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. 3086
S 96-15 - 161 Curtner Avenue - Burton Bell
Page 2
PLANNING DIVISION
Approved Project: Approval is granted for remodel of two industrial buildings for use as an
autobody repair business at 161 Curtner Avenue (aka 197 Curtner avenue). Approval shall
substantially comply with project plans prepared by Burton Bell stamp dated received by
the Campbell Planning Department on March 24, 1997, except as modified herein in the
Conditions of Approval.
Development Approval Expiration: The Site and Architectural Permit approval (S 96-15)
for this project is valid for a period of one year from the Planning Commission approval.
All conditions of approval for construction and landscaping specified herein must be
completed within one year from the date of approval or this permit shall be void. Any
extension for the permit must be applied for before the date of expiration.
Signage: Sign permits are required for all signs proposed. Approval of a Sign Exception is
required by the Planning Commission for more than one wall sign and one free-standing
sign, and for any oversize signs.
4. Landscaping:
Landscaping Plan & Installation: A Landscape plan prepared by a Landscape
Architect registered in the State of California shall be submitted for review by the
Community Development Director, under advisement by the City's Landscape
Advisor. The plan shall include evergreen trees, turf, groundcover and shrubs, and
shall comply with the City's regulations as delineated in the Water Efficient
Landscape Standards. The plans shall be submitted and approved prior to issuance of
any building permit. All landscaping shall have been installed, and the verification
provided by the preparer of the plan that the installation was per the plan, prior to final
occupancy permit being issued for the buildings.
Street Trees: Street trees shall be required along the Curtner frontage in accordance
with the City Street Tree Standards and Specifications. All trees shall be a minimum
size of 24" box.
Landscape Maintenance: All landscaping shall be maintained in a healthy and weed-
free manner. Any plants which die shall be replaced by plants of the same size and
specimen as on the approved landscape plan.
Planning Commission Resolution No. 3086
S 96-15 - 161 Curtner Avenue - Burton Bell
Page 3
Parking: The front four parking spaces shall be reserved for customers visiting the site in
drivable vehicles. All damaged vehicles and inoperable vehicles shall be parked behind the
front entry gate or inside the building. No vehicles shall be parked outside overnight.
Employee vehicles and vehicles taken in for work shall be parked on site. No parking shall
be permitted in access driveways or turnaround areas. The access drive and turnaround
areas required for both emergency vehicle access and regular vehicle circulation shall be
designed as such, and marked "No Parking," prior to a final occupancy permit being
given.
o
Outside Uses: Permitted uses outside the building are limited to the daily parking of
employee and customer vehicles. No outside storage is permitted, except for trash within
the trash enclosure.
Building Materials: As a part of the Building Permit application, the applicant shall submit
to staff for review and approval, samples of the paint colors to be used on the stucco, the
metal, and the rear concrete building, and a sample of the glass to be used on the office.
PUBLIC WORKS
°
°
Dedication/Vacation of Right of Way: Prior to issuance of any building permits for the
site, the applicant must provide a plan that shows the location of all property lines in
relation to the street centerline and to the existing proposed improvements. The applicant
shall dedicate additional (or request vacation of existing) right of way along the entire
frontage of Curtner Avenue to a distance of 37' from the street centerline. Applicant shall
prepare all documents and pay all fees necessary to record dedication or to request vacation
and submit to the City for review, acceptance, and recordation.
Storm Drain Area Fee: Prior to issuance of any building permits for the site, the applicant
shall pay the required storm drain area fee of $2,500 per acre.
Grading & Drainage Plan: Prior to issuance of any building permits for the site, the
applicant shall conduct hydrology studies as necessary, prepare grading and drainage plans,
and pay fees required to obtain necessary grading permits. If the applicant is proposing to
use the existing drainage facilities, the applicant must verify the adequacy of those
facilities for the proposed development. All drainage must be collected on site and
delivered underground to a public storm drain facility.
Planning Commission Resolution No. 3086
S 96-15 - 161 Curtner Avenue - Burton Bell
Page 4
10. Standard Street Improvements: Prior to issuance of any building permits for the site, the
applicant shall prepare plans, pay fees, post securities, and provide insurance as required
to obtain an encroachment permit to construct improvements within the street fight of
way, as required by the City Engineer. Public street improvements shall be per the City
Standard Specifications and Details for Public Works construction and shall be prepared
by a registered Civil Engineer licensed in the State of California, and shall include the
following:
Construction of a 5' marginal sidewalk from the proposed driveway to the easterly
property line.
Construction of a standard driveway approach rather than the alleyway approach
indicated on the plan.
Installation of street trees (with irrigation on site) at the back of sidewalk and in the
public right of way west of the driveway.
Relocation of existing utility boxes, meters, cleanouts, and other visible utility facilities
to behind the property line.
- Location of any private signs shall be outside of the public right of way.
- Construction of storm drainage facilities as required by the approved grading and
drainage plan.
11.
12.
13.
Completion of Public Street Improvements: Prior to issuance of occupancy for the site and
buildings, all public street improvements as required by the encroachment permit must be
completed and accepted by the City Engineer and the applicant must provide a one-year
maintenance security.
Underground Utilities: All new on site utilities shall be installed underground per Section
21.36.150 of the Campbell Municipal Code for any new or remodeled buildings or
additions. Applicant shall provide evidence from utility companies that the application as
proposed can be served. Applicant shall comply with all plan submittals, permitting, and
fee requirements of the serving utility company.
Applicant shall supply a Utility Coordinating Plan and Schedule for approval by the City
engineer for the installation of utilities. The plan shall minimize the damage to all public
facilities.
Storm Water Management: All work on the site shall comply with the California Storm
Water Best Management Practices Handbook, prepared by the Storm Water Quality Task
Force, Santa Clara Valley Water District.
Planning Commission Resolution No. 3086
S 96-15 - 161 Curtner Avenue - Burton Bell
Page 5
FIRE DISTRICT
14.
Required Fire Flow: Required fire flow is 1750 GPM at 20 psi. residual pressure. This
required fire flow is NOT available from area hydrant(s) which are NOT spaced at the
required spacing.
15.
Public Hydrants Required: Provide one public fire hydrant at a location to be determined
jointly by the Fire District and the San Jose Water Company. Maximum hydrant spacing
shall be 250 feet and the minimum single flow hydrant shall be 1500 GPM at 20 psi
residual pressure.
16.
Timing of Water Supply Installations: Required Fire Hydrant and Water Supply
installations shall be in place, inspected, tested and accepted by the Fire District prior to the
start of any combustible construction. Bulk combustible construction materials may NOT
be delivered to the site until installations are completed and accepted, as stated above.
Clearance for building permits may also be held until installations are completed.
17.
Emergency Gate/Access Gate Requirements: When open, gates shall not obstruct any
portion of the required access roadway or driveway width. If provided, all locks shall be
fire department approved. Installations shall conform with Fire District Standard Details
and Specifications G-1.
18.
Fire District Key Box Required: The applicant shall provide an approved fire department
key box and appropriate building keys. Installations shall conform with Fire District
Standard Details and Specification K-1.
19.
Hazardous Materials Compliance Review: Hazardous Materials Compliance review is not
completed in the development review process. Questions regarding Hazardous Materials
and requirements for the prefabricate spray paint booth may be directed to 408-378-
4010x20.
BUILDING DIVISION
20.
21.
Plans submitted for building permits must be wet-signed and stamped by a licensed
architect or engineer.
The second story of the rear building may require a second exit, unless it can qualify as a
true mezzanine, per UBC Sec 507, and UBC 1003.1.
Planning Commission Resolution No. 3086
S 96-15 - 161 Curtner Avenue - Burton Bell
Page 6
22.
The spray booth requires a separate submittal, including manufacturers specifications.
One hour fire resistive construction, and a 30' property line setback for all flammable
ducting.
23. Fire separation between autobody repair areas and office areas, along property lines, and
other areas are required by the UBC.
24.
Graffiti: Any graffiti occurring on the exterior of the buildings shall be removed within
48 hours of its appearance or request for removal by the City, and the applicant will make
a best effort to seal off future access by graffiti taggers to the tagged wall.
25.
Construction Manager: The applicant shall identify a construction manager for the
property who shall be responsible for all construction activity and shall supervise all
subcontractors. The construction manager shall certify in writing that s/he has read and
understands all of the conditions of approval and shall implement all conditions that relate
to construction activity. The applicant shall provide to the City the name and telephone,
beeper, pager etc. numbers of the construction manager prior to release of building
permits.
PASSED AND ADOPTED this 22nd day of April, 1997, by the following roll call vote:
AYES: Commissioners: Gibbons, Jones,
Kennedy
NOES: Commissioners: None
ABSENT: Commissioners: Alne, Lowe
ABSTAIN: Commissioners: None
Kearns, Lindstrom, Meyer-
ATTEST:
APPROVED:
Steve Piasecki, Secretary
Susan A. Keams, Chair
Planning CommissiOn Minutes of April 22, 1997
Page 6
Agenda Item No. 4 has been continued to a date uncertain.
Chairwoman Keams read Agenda Item No. 5 into the record.
5. S 96-15
Bell, B.
Public Hearing to consider the application of Mr. Burton Bell
for a Site and Architectural Approval (S 96-15) to remodel an
existing building to allow the establishment of an automotive
repair facility on property located at 161 Curtner Avenue in an
M-1-S (Light Industrial) Zoning District. This project is
Categorically Exempt. Planning Commission decision final,
unless appealed in writing to the City Clerk within 10 days.
Ms. Barbara Ryan, Planner I, presented the staff report as follows:
· The applicant, Mr. Burt Bell, is seeking a Site approval for 161 Curtner Avenue, also
known by the address of 197 Curtner Avenue.
· There are two buildings on the site. One constructed of metal, the other constructed of
concrete.
· Previously a plumbing supply business was located on this site.
· Mr. Bell is seeking to remodel the site to meet his needs for his business, Campbell Auto
Body. The front 40 feet of the metal building will be removed to allow room for additional
parking. The building will be remodeled to meet Fire codes.
· The rear building will be faced with ribbed metal to match the front building. The building
colors will be white with turquoise trim. Tinted glass will be incorporated to reduce glare
and heat buildup.
Four parking spaces will be provided at the front of the site.
A public sidewalk will be provided.
Staff recommends approval.
Commissioner Lowe presented the Site and Architectural Review Committee as follows:
· SARC reviewed this project on April 10, 1997, and is supportive.
· SARC wishes to remind the applicant that the final building plans must have a wet seal
from a civil engineer or structural engineer. The submitted plans do not have this required
seal.
Chairwoman Kearns opened the Public Hearing for Agenda Item No. 5.
There were no parties wishing to address Agenda Item No. 5.
Chairwoman Kearns closed the Public Hearing for Agenda Item No. 5.
Planning Commission Minutes of April 22, 1997 Page 7
Commissioner Gibbons suggested adding language to Condition of Approval No. 5 as
follows: "No outside storage .or repair activities".
Commissioner Lowe stated that he found this a little severe and difficult, an undue hindrance.
Commissioner Gibbons suggested that no outside parking be allowed overnight.
Commissioner Lowe stated that during the course of business it would be difficult for Mr.
Bell's operation to be limited within the building as they operate in an assembly line fashion.
Commissioner Gibbons stated that she is willing to withdraw her suggested language. She
asked about Condition of Approval No. 11 which calls for a one-year maintenance security.
Ms. Michelle Quinney, City Engineer, advised that the maintenance security is a standard
Condition of Approval for every project. This represents a warranty for work that has been
done to ensure that it is deficit free.
Commissioner Gibbons asked about Conditions 14 and 15 and asked about the fire flow which
appears to be less than required. Will the applicant be required to provide one or two
hydrants?
Ms. Barbara Ryan replied that the applicant will be required to install only one additional
hydrant as one is already in front of the site. Additionally, the building will be sprinklered.
Commissioner Alne questioned Condition of Approval No. 24 which requires that graffiti be
removed within 48 hours. He suggested that the City make it a point to arrest the graffiti
vandals within 48 hours. He stated that it is unfair to require this condition on the applicant to
address the criminal activity of another party.
Chairwoman Kearns advised that it is a standard to have graffiti removed within 24 hours to
discourage taggers.
Commissioner Lowe asked if this Condition would be imposed on future applications.
Mr. Steve Piasecki advised that this site has been tagged repeatedly in the past. This condition
will be imposed on sites where the potential for graffiti is high.
Commissioner Gibbons added that she felt 48 hours is an unrealistic expectation for the
removal of graffiti by the property owner. She added that it is her understanding that the more
quickly graffiti is removed the less likely the site is to be countertagged. It is in the property
owner's interest to keep their site free of graffiti. She suggested that the Condition be retained.
Commissioner Alne suggested a motion to approve without the Condition of Approval to
eliminate graffiti within 48 hours.
Planning Commission Minutes of April 22, 1997 Page 8
Commissioner Lowe asked if this condition has been imposed on anyone else.
Mr. Steve Piasecki replied that this is the first time this condition has been incorporated into an
approval. This site has a history of graffiti problems which are highly visible fi.om the public
right-of-way. He added that some measures that can be taken to discourage graffiti include
anti-graffiti paint, increased landscaping and to make access difficult. The Police are doing
what they can to discourage graffiti. The City has a volunteer program to help abate graffiti.
The applicant understands the problems of graffiti and is agreeable to the condition.
Commissioner Lowe advised that the applicant has shown pride in ownership. Asked if the
City would endorse the use of barbed wire to keep taggers offthe property.
Mr. Steve Piasecki replied that the City would not be supportive of the use of barbed wire.
Commissioner Lowe stated that this Condition causes an undue hardship to the applicant
although he too hates graffiti.
Chairwoman Kearns reopened Public Heating No. 5 and called the applicant to the podium to
answer whether he supports the Condition to abate graffiti within 48 hours.
Mr. Burt Bell advised that steps have been taken to seal the access used by graffiti artists. This
action will solve the past problems. Stated that he had no objection to the requirement that he
paint over any graffiti on his buildings within 48 hours. Said that he agreed with the wisdom
in doing so to prevent additional tagging.
Chairwoman Keams again closed Public Heating No. 5.
Commissioner Alne again stated that the applicant should not be obligated to clean up graffiti
within 48 hours. He can clean it up as soon as he wants to do so. Stated that he cannot
approve the Condition of Approval No. 24 as he finds it damaging to Mr. Bell's civil fights.
City Attorney William Seligrnann advised that the law does not recognize a civil fight to keep
graffiti unabated. Graffiti is a public nuisance and the City can ask a property owner to
remove graffiti.
Motion:
Upon motion of Commissioner Alne, seconded by Commissioner Lowe, the
Planning Commission voted to approve S 96-15 to allow the remodel of
existing structures on property located at 161 Curtner Avenue with the
elimination of Condition of Approval No. 24 (the requirement to remove
graffiti within 48 hours) by the following roll call vote:
AYES: Alne, Lindstrom, Lowe
NOES: Gibbons, Jones, Kearns, Meyer-Kennedy
ABSENT: None
ABSTAIN: None
Planning Commission Minutes of April 22, 1997
The motion was defeated.
Page 9
Motion:
Upon motion of Commissioner Gibbons, seconded by Commissioner
Meyer-Kennedy, the Planning Commission adopted Resolution No. 3086
granting a Site Approval (S 96-15) to allow the remodel of two existing
buildings on property located at 161 Curtner Avenue subject to all of the
Conditions of Approval proposed by staff, by the following roll call vote:
AYES: Gibbons, Jones, Kearns, Lindstrom, Meyer-Kennedy
NOES: Alne, Lowe
ABSENT: None
ABSTAIN: None
This decision is final unless appealed in writing to the City Clerk within 10 days.
Chairwoman Kearns read Agenda Item No. 6 into the record:
6. UP 97-03
Torgerson, M.
Public Hearing to consider the application of Ms. Midori
Torgerson for approval of a Conditional Use Permit (UP 97-03)
to allow on-sale beer and wine in conjunction with a restaurant
use (Midori Sushi) on property located at 100 W. Hamilton
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.
Ms. Barbara Ryan, Planner I, presented the staffreport as follows:
Applicant is seeking a Use Permit to allow on-sale beer and wine in conjunction with a
new sushi restaurant located at Hamilton and Dunster.
· The site is a former donut shop with 30 seats.
· All City Departments had opportunity to review this project and none came forward with
any concerns or conditions.
· Staff recommends approval.
Commissioner Gibbons asked if any separate bar is included in this use.
Ms. Barbara Ryan replied that beer and wine service with meals is the only intent.
Chairwoman Kearns asked if any site changes were planned.
Ms. Barbara Ryan replied that no site changes were required. This is a small use. Adequate
parking is available to support this use.
ITEM NO. 5
STAFF REPORT - PLANNING COMMISSION MEETING
OF APRIL 22, 1997
S 96-15
Bell, B
Public Hearing to consider the application of Mr. Burton Bell for a Site and
Architectural Approval (S 96-15) to remodel an existing building to allow the
establishment of an automotive repair facility on property located at 161 Curtner
Avenue in an M-1-S (Light Industrial) Zoning District.
STAFF RECOMMENDATION
That the Planning Commission take the following action:
1. Adopt a resolution approving the Site and Architectural Review permit to allow the
remodel of two industrial buildings for autobody repair uses.
ENVIRONMENTAL DETERMINATION
This project is Categorically Exempt in accordance with Section 15301 (e) of the California
Environmental Quality Act (CEQA). No further environmental action is required.
PROJECT DATA
Site Area:
Rear Building:
Front Building
Presently:
After remodel:
Total Building:
Building Coverage:
Percentage Landscaping
Parking spaces
18, 295 sf (.43 acres)
2,400 sf
5,000 sf
3,975 sf
6, 375 sf
35%
7% after addition of 5' sidewalk
18 (1 per 350 sf)
Surrounding Uses (all M- l-S):
North: Public Storage Building
West: " " "
South: Garden equipment repair and sales
East: Vacant, paved and fenced storage lot
DISCUSSION
Applicant's Proposal: The applicant is requesting approval of a Site and Architectural Permit
to allow the remodel of two buildings into an autobody repair facility.
The applicant desires the appearance of the facility to be attractive and modem, especially as
presented to the public street. Therefore, instead of making upgrades only to meet the Uniform
Building Code requirements for a body shop, the applicant is proposing to replace the front
40' of the building with an office area whose appearance is inspired by the Escobar building
on Hamilton Avenue. The replacement will also result in a reduction of square footage by
Staff Report for Planning Commission Meeting of April 22, 1997
S 96-15 -- 161 Curtner Avenue
Page 2
about 1,000 square feet and thereby meet the City's parking ratio requirements for an
autobody facility.
Site Background: The existing front building is 100' deep by 50' wide, and 23' tall,
constructed of corrugated metal with a gable roof. The rear building is 60' deep by 40' wide,
and 28' tall, constructed of concrete block with a flat roof. This site and the vacant parcel to
the east were previously used by a plumbing supply business. The east side of the rear
building was open to allow forklift trucks to move plumbing supplies into the building. An
east side wall, made of wood, has since been added without building permits. The applicant
has moved his equipment and vehicles from his previous site on Sunnyoaks Avenue.
ANALYSIS
General Plan Consistency: The site is designated for industrial uses on the General Plan Land
Use diagram, and is located in the M-1-S (Light Industrial) zoning district. The proposal is a
permitted industrial use and is consistent with both the General Plan and the M-1-S zoning
district.
Site Design: The site design will result in an attractive frontage of office and landscaping,
with the ability to screen damaged vehicles to the rear of the site by fencing and distance. The
parking arrangement along the east side of the site provides four parking spaces in the front
next to the office area, and fourteen parking spaces behind the sliding gate. The main frame
and body work is to be conducted in the front building, with vehicles exiting the rear door into
the spray booth, located on a pad between the two buildings. From the spray booth they will
be driven into the rear building for detail work. The second story of the rear building, and the
rear of the first floor is to be used as storage areas for parts.
The parking and circulation have been reviewed by the Fire District and City staff and found
to be acceptable.
Building Design: The new office area in the front will be constructed of metal structural
members with a stucco and glass skin. The overhang will be supported by stucco-enclosed
cylindrical columns. The applicant has stated that the building will differ from the Escobar
building in that it will be shorter (23'- 25' compared to 29'-34'), and will use reflective glass,
as it is south-facing, to reduce glare and heat absorption.
A ribbed metal fascia will be added to the outside of the gable roof to carry through the lines
of the new office area. The east wall of the rear building will also be faced with the seamed
metal to unify the appearance of the two buildings. The colors of the metal and stucco
portions of the front building are to match, as will trim colors, which the applicant has stated
will be blue. The applicant will present a colored elevation to the Planning Commission for
its review at the heating.
Staff Report for Planning Commission Meeting of April 22, 1997
S 96-15 -- 161 Curtner Avenue
Page 3
Signage: The applicant has indicated a free-standing sign and a wall sign. These are not a
part of this application, and will be handled by staff when sign applications are received.
Graffiti: The upper west-facing wall of the rear building, which is visible from Highway 17,
has been "tagged" with graffiti on numerous occasions during the past year. The applicant
believes they have sealed the access. However, staff has included a condition requiring prompt
painting out of any graffiti and the closing of any access should tagging again occur.
SITE AND ARCHITECTURAL REVIEW
The Site and Architectural Review Committee meeting was held on April 10, 1997. The
committee was supportive of the application. They indicated to the applicant, as has staff, that
the plans which he has drawn may not be used for the building permit. Under State law, plans
for commercial or industrial buildings which are submitted for a building permit must have
the a signed wet seal of a State registered architect, civil or structural engineer; and that if the
design of the building changes significantly from that approved by the Planning Commission,
a revised application may be required to be submitted to the Commission for its review and
approval.
Attachments
1. Findings
2. Conditions of Approval
3. Exhibits
4. Location Map
Submitted by: ~ x~. ~er,q ~_ B/ftt~b~ra Schoetz Ryan, I
m ' '
pproved b
Steve~iasecki, Community Development Director
FINDINGS FOR APPROVAL OF FILE NO. S 96-15
ADDRESS: 161 CURTNER AVENUE
APPLICANT: BURTON BELL
P.C. MEETING: APRIL 22, 1997
Attachment 1
Findings for approval of a Site and Architectural Permit to allow site improvements and the
demolition, replacement and remodel of portions of two existing buildings for an autobody
repair facility in an M-1-S zone.
The Planning Commission finds as follows with regard to File No. S 96-15:
1. The proposed development with the remodeling of the building and the addition of
landscaping will substantially enhance the site.
2. The project provides 18 parking spaces and complies with the parking standards for
autobody repair and parts storage uses.
3. The site and architectural improvements are consistent with the use of the site for an
autobody repair facility, as permitted in the M-1-S zone.
Based upon the foregoing findings of fact, the Planning Commission concludes that:
1. The proposed project will be consistent with the General Plan and the zoning.
2. The proposed project, subject to the required conditions, will aid in the harmonious
development of the immediate area.
CONDITIONS OF APPROVAL for FILE NO. S 96-15
ADDRESS: 161 CURTNER AVENUE
APPLICANT: BURTON BELL
P.C. MEETING: APRIL 22, 1997
Attachment 2
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. 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 DIVISION
Approved Project: Approval is granted for remodel of two industrial buildings for use as an
autobody repair business at 161 Curtner Avenue (aka 197 Curtner avenue). Approval shall
substantially comply with project plans prepared by Burton Bell stamp dated received by
the Campbell Planning Department on March 24, 1997, except as modified herein in the
Conditions of Approval.
Development Approval Expiration: The Site and Architectural Permit approval (S 96-15)
for this project is valid for a period of one year from the Planning Commission approval.
All conditions of approval for construction and landscaping specified herein must be
completed within one year from the date of approval or this permit shall be void. Any
extension for the permit must be applied for before the date of expiration.
Signage: Sign permits are required for all signs proposed. Approval of a Sign Exception is
required by the Planning Commission for more than one wall sign and one free-standing
sign, and for any oversize signs.
4. Landscaping:
Landscaping Plan & Installation: A Landscape plan prepared by a Landscape Architect
registered in the State of California shall be submitted for review by the Community
Development Director, under advisement by the City's Landscape Advisor. The plan
shall include evergreen trees, turf, groundcover and shrubs, and shall comply with the
City's regulations as delineated in the Water Efficient Landscape Standards. The plans
shall be submitted and approved prior to issuance of any building permit. All
landscaping shall have been installed, and the verification provided by the preparer of
the plan that the installation was per the plan, prior to final occupancy permit being
issued for the buildings.
Street Trees: Street trees shall be required along the Curtner frontage in accordance with
the City Street Tree Standards and Specifications. All trees shall be a minimum size of
24" box.
Conditions for S 96-15
Page 2
Landscape Maintenance: All landscaping shall be maintained in a healthy and weed-free
manner. Any plants which die shall be replaced by plants of the same size and specimen
as on the approved landscape plan.
Parking: The front four parking spaces shall be reserved for customers visiting the site in
drivable vehicles. All damaged vehicles and inoperable vehicles shall be parked behind the
front entry gate or inside the building. No vehicles shall be parked outside overnight.
Employee vehicles and vehicles taken in for work shall be parked on site. No parking shall
be permitted in access driveways or turnaround areas. The access drive and turnaround areas
required for both emergency vehicle access and regular vehicle circulation shall be designed
as such, and marked "No Parking," prior to a final occupancy permit being given.
o
Outside Uses: Permitted uses outside the building are limited to the daily parking of
employee and customer vehicles. No outside storage is permitted, except for trash within the
trash enclosure.
°
Building Materials: As a part of the Building Permit application, the applicant shall submit
to staff for review and approval, samples of the paint colors to be used on the stucco, the
metal, and the rear concrete building, and a sample of the glass to be used on the office.
PUBLIC WORKS
o
o
°
Dedication/Vacation of Right of Way: Prior to issuance of any building permits for the
site, the applicant must provide a plan that shows the location of all property lines in
relation to the street centerline and to the existing proposed improvements. The applicant
shall dedicate additional (or request vacation of existing) right of way along the entire
frontage of Curtner Avenue to a distance of 37' from the street centerline. Applicant shall
prepare all documents and pay all fees necessary to record dedication or to request vacation
and submit to the City for review, acceptance, and recordation.
Storm Drain Area Fee: Prior to issuance of any building permits for the site, the applicant
shall pay the required storm drain area fee of $2,500 per acre.
Grading & Drainage Plan: Prior to issuance of any building permits for the site, the
applicant shall conduct hydrology studies as necessary, prepare grading and drainage plans,
and pay fees required to obtain necessary grading permits. If the applicant is proposing to
use the existing drainage facilities, the applicant must verify the adequacy of those
facilities for the proposed development. All drainage must be collected on site and
delivered underground to a public storm drain facility.
Conditions of Approval for S 96-15
Page 3
10.
Standard Street Improvements: Prior to issuance of any building permits for the site, the
applicant shall prepare plans, pay fees, post securities, and provide insurance as required
to obtain an encroachment permit to construct improvements within the street right of
way, as required by the City Engineer. Public street improvements shall be per the City
Standard Specifications and Details for Public Works construction and shall be prepared
by a registered Civil Engineer licensed in the State of California, and shall include the
following:
- Construction of a 5' marginal sidewalk from the proposed driveway to the easterly
property line.
Construction of a standard driveway approach rather than the alleyway approach
indicated on the plan.
Installation of street trees (with irrigation on site) at the back of sidewalk and in the
public right of way west of the driveway.
Relocation of existing utility boxes, meters, cleanouts, and other visible utility facilities
to behind the property line.
Location of any private signs shall be outside of the public right of way.
Construction of storm drainage facilities as required by the approved grading and
drainage plan.
11.
Completion of Public Street Improvements: Prior to issuance of occupancy for the site and
buildings, all public street improvements as required by the encroachment permit must be
completed and accepted by the City Engineer and the applicant must provide a one-year
maintenance security.
12.
Underground Utilities: All new on site utilities shall be installed underground per Section
21.36.150 of the Campbell Municipal Code for any new or remodeled buildings or
additions. Applicant shall provide evidence from utility companies that the application as
proposed can be served. Applicant shall comply with all plan submittals, permitting, and
fee requirements of the serving utility company.
Applicant shall supply a Utility Coordinating Plan and Schedule for approval by the City
engineer for the installation of utilities. The plan shall minimize the damage to all public
facilities.
13.
Storm Water Management: All work on the site shall comply with the California Storm
Water Best Management Practices Handbook, prepared by the Storm Water Quality Task
Force, Santa Clara Valley Water District.
Conditions of Approval for S 96-15
Page 4
FIRE DISTRICT
14.
Required Fire Flow: Required fire flow is 1750 GPM at 20 psi. residual pressure. This
required fire flow is NOT available from area hydrant(s) which are NOT spaced at the
required spacing.
15.
Public Hydrants Required: Provide one public fire hydrant at a location to be determined
jointly by the Fire District and the San Jose Water Company. Maximum hydrant spacing
shall be 250 feet and the minimum single flow hydrant shall be 1500 GPM at 20 psi
residual pressure.
16.
Timing of Water Supply Installations: Required Fire Hydrant and Water Supply
installations shall be in place, inspected, tested and accepted by the Fire District prior to the
start of any combustible construction. Bulk combustible construction materials may NOT
be delivered to the site until installations are completed and accepted, as stated above.
Clearance for building permits may also be held until installations are completed.
17.
Emergency Gate/Access Gate Requirements: When open, gates shall not obstruct any
portion of the required access roadway or driveway width. If provided, all locks shall be
fire department approved. Installations shall conform with Fire District Standard Details
and Specifications G-1.
18.
Fire District Key Box Required: The applicant shall provide an approved fire department
key box and appropriate building keys. Installations shall conform with Fire District
Standard Details and Specification K-1.
19.
Hazardous Materials Compliance Review: Hazardous Materials Compliance review is not
completed in the development review process. Questions regarding Hazardous Materials
and requirements for the prefabricate spray paint booth may be directed to 408-378-
4010x20.
BUILDING DIVISION
20. Plans submitted for building permits must be wet-signed and stamped by a licensed
architect or engineer.
21. The second story of the rear building may require a second exit, unless it can qualify as a
true mezzanine, per UBC Sec 507, and UBC 1003.1.
22.
The spray booth requires a separate submittal, including manufacturers specifications.
One hour fire resistive construction, and a 30' property line setback for all flammable
ducting.
23. Fire separation between autobody repair areas and office areas, along property lines, and
other areasare required by the UBC.
Conditions of Approval for S 96-15
Page 5
BUILDING CONDITIONS Cont.
24.
Graffiti: Any graffiti occurring on the exterior of the buildings shall be removed within
48 hours of its appearance or request for removal by the City, and the applicant will make
a best effort to seal off future access by graffiti taggers to the tagged wall.
25.
Construction Manager: The applicant shall identify a construction manager for the
property who shall be responsible for all construction activity and shall supervise all
subcontractors. The construction manager shall certify in writing that s/he has read and
understands all of the conditions of approval and shall implement all conditions that relate
to construction activity. The applicant shall provide to the City the name and telephone,
beeper, pager etc. numbers of the construction manager prior to release of building
permits.
CITY OF CAMPBELL
Community Development Department · Current Planning
April 11, 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, April 22, 1997, in the City Hall
Council Chambers, 70 North First Street, Campbell, California, for a Public Hearing to
consider the application of Mr. Burton Bell for a Site and Architectural Approval (S 96-
15) to remodel an existing building to allow the establishment of an automotive repair
facility on property located at 161 Cutter Avenue in an M-1-S (Light Industrial) 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 Hearing described in this Notice, or
in written correspondence delivered to the City of Campbell Planning Commission at, or
prior to, the Public Hearing. Questions may be addressed to the Community
Development Department at (408) 866-2140.
Decisions of the Planning Commission may be appealed to the City Council. Appeals
must be submitted to the City Clerk in writing within 10 calendar days of an action by the
Commission.
In compliance with the Americans with Disabilities Act, listening assistive devices are
available for all meetings held in the Council Chambers. If you require accommodation,
please contact the Community Development Department at (408) 866-2140, at least one
week in advance of the meeting.
PLANNING COMMISSION
CITY OF CAMPBELL.
PLEASE NOTE:
When calling about this Notice,
please refer to File No. S 96-15
Address: 161 CurtnerAvenue
STEVE PIASECKI
SECRETARY
70 North First Street · Campbell, California 95OO8.1423 · TEL 408.866.2140 · [^X 408.866.8381 · TDD 408.866.2790
Author: barbarar at MIS Se Ir
Date: 4/4/97 3:51 PM
Priority: Normal
TO: stevep
Subject: Burr Bell
.................................... Message Contents ....................................
CAMPBELL AUTO BODY
BOTTOM LINE
For you: Burt's lost the site
For Burr: You get what you pay for
SYNOPSIS
Plans were always incomplete. Burt changed person drawing them
several times. But each set of plans submitted was always incomplete.
It was only recently, when Burt took on the task of drawing them
himself, after I had given him a set of red-lined plans, that they
approached completeness. Public Works has given me their conditions,
but has prefaced them with the comment that they think the plans are
still incomplete. In my judgement they are complete enough to proceed
to SARC and PC, and I knew Burt was up against a time problem.
Therefore I scheduled it and got conditions from everyone (except Jeff
yet, who said he would call me with comments after he heard what
Seligmann ruled)
2 causes of incompleteness, in my view:
1. Burt would not pay the person any up-front money.
Therefore they held back a portion of the drawings because
they did not trust they would get paid. This is what the second
person, an architect, told me. He called Frank C. to complain
that Burt never paid him a cent.
Burr had a clear idea in his own head of how he wanted the
building to look, but he did not convey it well or completely to
the person doing the drawings. Several times he would look at a
drawing when we were discussing them, and i asked him a
question, and say that a portion of it was not right, that that
was not what he had told them.
STATUS OF APPLICATION
Scheduled for this Thursday's SARC, and the April 22 PC
HISTORY
Mark Rhoads work w/Burt to use Dodge's site next door as well as his
evaluation was could not meet parking requirements on Burt's site
alone. I have taked w/Dodge, and he wants nothing to do with Burr.
At some time after Burt bought the property he added a 2-story fourth
side to the 3-sided rear building, without building permits (still
none)
Darryl work w/Burt and agreed not to count any of the second story of
the rear building toward parking requirements if he used it just for
parts storage.
November 11, '96 Filed application
November 18, '96 Application check bounced
November ' 96
Info ~d Burt that check bounced and ' %t the plans
by ~. _man Garcia were very incompletu Parking
arrangement problem too.
Novenber 25
Incompleteness letter (3 page)sent Burt
December
Meet with new person Burr has hired (Woessner), and
work on parking plan with Peter Eakland and Darryl.
December
Drawings of Woessner submitted. Still incomplete.
Woessner tells me on phone he will not complete
them until he sees some money from Burt.
December 16'96
Burt calls to ask if I had gotten the new plans.
Told him no. Brings them in. No person noted as
person who drew them. Appear to be a tracing of
drawings submitted before, with some additions.
Done with a blunt pencil, and hard to read.
Dec or Jan '97
Burt has a contactor bring on plans. Are a
compilation of all the plans to date, with no
changes. I send him away with the plans.
Jan 17 '97
Sent 2 page letter of incompleteness.
Noted application check still not made good on.
Feb '97
Burr brings in new plans.Tell him I will not review
till he makes good on check.
Feb 5
Makes good on check
Feb
I thoroughly mark up and give him another 2 pages
of items missing (2/25)to go with it
March '97
Finally a set of plans that is almost complete.
These get routed around. Some departments say they
are still incomplete. Also object they are not done
by an archiect, so will not provide comments.
end March
Public Works submits conditions as have set for
PC, stating plans not complete (but no specifics as
to what missing)
April 1
Frank C & I meet w/ Seligmann who tells Frank not
need require drawer be a licensed arch or eng at
this stage. Frank provides comments in one day.
April 2
Jeff Bowlsby says on phone that he will comment,
but under protest.
April 3
SARC notice mailed Burt for 4/10 meeting. His
project scheduled for 6:15
Jeff Bowlsby AIA, CSI
3237 Julio Avenue, San Jose, CA 95124 (408) 248-5000
Site and Architectural Review Committee
City of Campbell Community Development Department
70 North First Street
Campbell, CA 95008
2 April 1997
RE: SARC Application
Campbell Auto Body Shop
Dear Site and Architectural Review Committee members,
This application raises an important issue for your consideration, regarding the design of
buildings in this community and compliance with state professional licensing requirements. This
application describes an expansion to an existing group of commercial / industrial buildings on a
highly visible site in Campbell. It apparently has been designed by its owner, an unlicensed
person.
The California Architects Practice Act at Business and Professions Code 5500.1 (a), defmes
the practice of architecture in part as "being in responsible control of...the planning of sites...and
the design of, in whole or in part, buildings, or groups of buildings and structures". Additionally,
at Business and Professions Code 5536.1 (c), "The preparation of plans...for any building, except
the buildings described in Section 5537 [buildings exempt from the practice act licensing
requirements], by any person who is not licensed to practice architecture in this state is a
misdemeanor...". Merely requiring plans to be signed and stamped by a design professional when
applying for a building permit is too late in the design process and after the fact, because a building
has not only already been 'designed' by that time, but also has been subject to the architectural
review and approval process by an Administrative Authority, this committee and the Planning
Commission. Not requiring a design professionals involvement to design non-exempt buildings
sets a dangerous precedent, ignores salient licensing law requirements and is not in the best
interests of this or any community.
Section 5537 defines exempt building types to include single family residences, garages
and agricultural buildings...this proposed auto body shop is clearly not an exempt structure as far
as licensing requirements go. As your architectural advisor and as a licensed architect, my opinion
is that for this committee to accept, comment on or make any formal action related to this
application or similar applications, is in effect supporting unlicensed activity which violates the
minimum state requirements for licensure. As you are aware, licensing laws are designed in part to
protect the health, safety and welfare of this community in a variety of ways, and compliance with
these minimum laws is not only required by state law, but benefits all parties including the
community and especially this applicant. In an informal telephone discussion with the California
Board of Architectural Examiners, Enforcement Division, not referring to any specific project or
person, they indicated that also interpret the licensing requirements this way.
Page 1
Of course, I would respectfully ask the City Attorney to review and formally opine on the
specific relevancy of these state licensing requirements at the architectural design approval level,
and the City of Campbell policy requirements for design professional involvement on building
design submittals given to the Community Development Department requesting architectural design
approval.
Sincerely,
Jeff Bowlsby, AIA
Mr. Steve Piasecki, Director Community Development Department
Mr. Frank Cauthom, Campbell Building Official
Mr. William Seligmann, Campbell City Attorney
Practice Act references
Page 2
Janua~ 17,1996
Burton Bell
Campbell Auto Body
161 Curtner (business) & 1204 Capri (home)
Campbell, CA 95008
(408) 379-9001
Ronald Myers
Contractor
(510) 657-7844
Subject: Drawings for 161 Curtner submitted 1-16-96
These drawings cannot be distributed for review for the following reasons:
A. Your application check bounced. You were sent notice by the City Clerk about this
several weeks ago, and have not made good on it.
The plans most recently submitted on 1-16-96 were not prepare by a registered
Architect, and do not have an architect's wet seal on at least one of them.
Many of the sheets are tracings or copies of drawings prepared by architects who
have formerly worked on this project. It is illegal to copy an architect's drawings; they
are his property.
Co
The drawings must have been prepared using a blunt pencil, because many of the
words printed on the plans are illegible. The drawings and words on them must be
clear and legible.
The elevations are not dimensioned. An architect would do so, and know how to do the
dimensions adequately.
2. The recent drawings submitted do not work, for the following reasons:
The parallel parking spaces have been moved in order to move the front fence back.
As a result, they no longer meet code, as they had on the plan submitted by your
previous architect. (22' length minimum. 20' ONLY if there is a 4' space between 2
of them, which both can share for maneuvering)
The handicapped space in front is not longer 14' in width (9' with a 5' ramp adjacent
to the building). The ramp walkway portion was changed into lawn.
There is not a minimum 48" of sidewalk next to the building to allow a wheelchair to
pass along the sidewalk all the way to the front door, as required by code.
Page 2 - 161 Curtner - Campbell Auto Body
D. Not all the doors have been shown on the site plan. All are missing from the rear
buildings, and the rear door is not indicated on the front building.
A new "man door" (not vehicle door) is required to be put in the rear of the front
building to meet exiting requirements of the building code. Please show this and
label it as "new pedestrian door".
The top line and the bottom line of the both the new stucco fascia above the front
door, and the new metal fascia for the rear building should be drawn to line up top
and bottom or they will not look well. The Architectural Advisor and Board will require
this, I am sure.
G. All elevations must be dimensioned, in both total height and in the height of all the
components.
The fence across the driveway, the front entry, and the parking spaces in front need
to be worked out to meet the following:
i. The parking space must be at least 25' back from the street curb (Traffic
Engineer's requirement). It must be at least 22' in length.
ii. The handicapped space must be at least 14' in width (9' plus 5' ramp beside)
iii. The front door must be accessible from the handicapped parking space
ramp, meeting handicap code (minimum 48" passage all the way along the
sidewalk, including around the front entry wall).
iv. The fence must be in such a location that it looks good, not crowding the
front door, and meeting the building in a logical place.
v. The elevation for the front entry must be accurately drawn. On the recent
drawings it does not match the site plan.
The reason registered architects and engineers are required to be the ones preparing these
plans is because it is their responsibility to know the codes, and how to prepare a complete
set of plans.
Until adequate funds have been deposited with the City for this application, and plans
submitted prepared by persons who posses the required certification by the State, and with
their wet stamp on at least one of the copies, the City will not continue to process your
application.
We will also be required to proceed against you for any and all Building, Fire and Zoning
violations which are taking place on the site.
As the Planner assigned to your case, I sincerely would like to help you through the
approval process, but I cannot if you do not meet the basic legal requirements.
Sincerely,
Barbara Ryan, AICP
Planner I
.o¥' ca~z~
CITY OF CAMPBELL
Community Development Department
November 25, 1996
Westwood Construction
P.O. Box 33214
Los Gatos, CA 95031-3214
Burton Bell
180 E. Sunnyoaks Ave #1
Campbell, CA 95008
Subject: Notice of Incomplete Application for Site & Architectural Permit
Your application for revisions to the building at 161 Curtner Avenue has been reviewed by
the Development Application Committee. The application was deemed incomplete, due to
the following aspects:
1. Parcel boundaries are not clearly delineated or dimensioned. The front property line
must be indicated and dimensioned, as well as the curb line.
The dimensions noted on the submitted drawings are not consistent with those
indicated in the tax assessor books. Without your submitting a survey by a licensed
surveyor to indicate otherwise, the dimensions indicated in the assessor map books are
considered by the City to be accurate.
3. The check accompanying the application was returned to the City by the bank,
indicating insufficient funds.
Parking Layout
o
Private parking spaces have been shown in front, off the property owned by the
applicant. Private parking lots are not permitted on City property. However, the City
may consider vacating a portion of the street frontage. For this reason, the existing
property line, the area to be vacated in order to have the property line line up with the
adjacent parcels' property lines, and the existing curb line should all be indicated on the
site plan.
The City Traffic Engineer has stated that parking lot spaces are not to be located
within 25' of the curb line, especially on major streets, in order to ensure that vehicles
entering the lot from the street are not stopped by vehicles exiting the front parking
spaces. This could cause vehicles entering the lot to be rear-ended when they had to
stop.
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70 North First Street - Campbell, California 95008. 1423 - TEL 408.866.2130 · FaX 408.866.8381 · TDD 408.866.27!
5. The trash area is located where it could not be accessed for pickup, if vehicles were in
the parking spaces. It needs to be relocated to a more accessible area.
There is not adequate back-around space for three of the rear parking spaces, spaces
8-10. Spaces must be arranged so that vehicles back up only once and then pull out
into the street in a forward position.
7. Space number 11 does not have adequate space to back in, if vehicles were parked
in spaces #2 and #10.
7. Parking space #1 does not meet minimum size requirements.
8. Presently the parking area is being used as a storage area. Required parking lots may
not be used for storage or for disabled vehicles. The entire parking lot must be
available for the parking of employee and customer vehicles on a daily basis.
9. A chart indicating the square footage of building per each type of use, and the number
of spaces required by City Code, and the number of spaces to be provided should be
included on the plan.
Outside storage
10. No outside storage is permitted unless specifically indicated on your site plan, and
approved by the Site and Architectural Review Committee and the Planning
Commission, as part of your permit. It is customary for these bodies to require outside
storage to be screened by a wall or fence which has landscaping on or in front of it.
Landscaping
11. The area on the west property line, between the two buildings, may not be counted
toward the required landscaping as it is not easily visible either by the public or your
neighbors. As no parking is permitted within 25' of the curb (see #-4 above), this would
be the area in which to provide the landscaping.
Building
12. The entry area protrudes into the straight line of the driveway, with no landscaped area
to protect it from vehicle damage. This only invites the use of unsightly bollards.
Reconsider this shape.
13. A sample or photo of the metal to be used on the fascia is to be provided.
14. The use of each interior space in the portion of the building to be moved, and the
portion to remain, has not been indicated.
15. Need provide height dimensions on elevations.
16. A rendering of the building, a model, or photos of a model should be provided, so that
the reviewers can have a better sense than indicated in the drawings of how each
portion of the building will look in relation to the others.
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Sign
17. The scale of the drawing for the free-standing sign has not been indicated. Also, the
location for the proposed free-standing sign has not been shown on the plan.
Title Report
The preliminary title report provided does not indicate the parcel it is for, either the APN,
the address or a legal description. Need this to show that is for this site.
Although the plan is not complete, and therefore a complete list of responses cannot be
provided, the following preliminary comments are given:
FIRE DISTRICT:
1. An automatic fire sprinkler system will be required, due to size of building, and distance
from existing hydrants.
2. In buildings equipped with automatic sprinkler systems, the required fire flow may be
reduce from 2,000 GPM to 1,500 GPM at 20 psi.
BUILDING DEPT
1. Mixed use occupancy would require 1 hour separation construction between them.
2. Within 20' of property line, I hour rated construction. No openings in walls if located
within 5' of property line.
Until a complete application has been received which address the aspects listed in this
letter, neither Public Works nor the Planning Department can provide comments.
Should you have any questions, or wish to discuss any items, please give me a call at 866-
2193.
Sincerely,
ar~bara Rya~n
Planner I
cc. Harold Housley, Public Works
Frank Cauthorn, Building Department
Chris Veargason, Mark Navornik, Fire District
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November 18, 1996
Campbell Auto Body
180 E. Sunnyoaks Avenue #1
Campbell, CA 95008
.O~:'CA~
CITY OF CAMPBELL
City Clerk's Office
Re:
Check # ' 4696
Dated ' November 11, 1996 ~ ~ C ~.~ ~ ~/~ ~
Amount · $1,550.00
Service Charge · $ 20.00 FEB 0 5 E97
Total Due ' $1,570.00 CiTY CLER}{'S OFFICE
Account # ' 4660
Dear Business Owner:
Please be advised that your check has been returned by the bank. In addition to the
amount of the check, you are required to pay a $20.00 service charge.
Pursuant to Administrative Policy #94-11, you are required to submit money due in the
form of cash, cashier's check or money order. Your check will not be re-deposited. This
amount to be submitted to the City Clerk fifteen (15) days from the date of this letter, on
or before December 3, 1996.
If payment is not received by the deadline, your account will be turned over to a
collection agency.
Should you have any questions, please do not hesitate to contact the City Clerk's Office
at (408) 866-2117.
Sincerely,
Anne Bybee
City Clerk
CC:
Finance Department
Planning Division
70 North First Street · Campbell, California 95008.1423 . TEL 408.866.2117 - F^X 408.374.6889 - TDD 408.866.2790