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Home My WebLink AboutRelease of Bond - 2001 CITY OF CAMPBELL Community Development Department - Current Planning August 15, 2001 Amwest Surety Insurance Company 2105 S. Bascom Avenue, Suite 370 Campbell, CA 95008 Re: Performance Bond Release (150 N. Harrison Avenue) Bond no. 006004762 - Lee Stevens - Polishing Plus Dear Insurer: The City of Campbell records indicates that a performance bond of $50,000.00 was provided to allow the establishment of an auto detailing and polishing business at the above referenced location in 1994. This property has been sold and is currently being developed as a residential project. Consequently, the City of Campbell wishes to release and return the enclosed performance bond. Please do not hesitate the undersigned at (408) 866-2144, if you have questions or need additional clarification of this matter. Sincerely, Tim J. Haley Associate Planner cc: Mildred Di Bona, Owner, 303 Crest Drive, San Jose, CA 95127 70 North First Street · Campbell, California 95008-1436 . TEL 408.866.2140 . F^X 408.866.838 I . TOO 408.866.2790 NON-CONFORMING USE AGREEMENT This non-conforming use agreement is made this /~"' day of /~F'" ! 1994 by the City of Campbell~ and Lee Stevens for the benefit of both parties. RECITALS Mr. Lee Stevens of Polishing Plus requests approval to occupy the tenant space at 150 Harrison Ave. Polishing Plus provides auto detailing and retail sales of automotive seats and supplies. The tenant space was previously occupied by a sign manufacturing company. The subject site is located in the North of Campbell Avenue (NOCA) Special Project Area and is zoned PD (Planned Development), which allows for commercial retail, professional office, and residential land uses. The retail and office uses associated with the proposal are permitted subject to providing adequate parking and a trash enclosure. However, auto-detailing is considered a non-conforming use. Section 21.66 of the Campbell Zoning Ordinance, Non-Conforming Uses, provides for the continuation of a use that was previously, but is no longer in conformance with the underlying zoning. This section also states that when the original nonconforming use ceases, subsequent uses shall not be more intensive that the previous use. Upon meeting with Mr. Stevens and site visits, staff has developed some measures to reduce the intensity of the auto-detailing use to a level that is less than the intensity of the previous sign manufacturing use. AGREEMENT NOW, THEREFORE, for and in consideration of the City of Campbell approving an auto-detailing use at 150 Harrison Avenue, Mr. Lee Stevens agrees to the following terms, conditions, and restrictions on the use of the property, which: Requires that the applicant demonstrate adequate on-site parking and circulation. 2. Provide some retail oriented treatment to the building front. 3. Remove the shed from the rear portion of the property. 4. Install fire sprinklers. 5. Repair the parking lot drainage system Non-Conforming Use Agreement - 150 Harrison Avenue 6. o Palge -2- Prohibit outside storage of automobiles for the existing automotive use which shares the parking area. Maintain the retail/office component use to greater than 40% of the net floor area. o o o TERMS Grant of Business License The City agrees to grant a business license to allow Lee Stevens to operate a auto-detailing/retail sales business at the above referenced address, subject to the execution of this Agreement by the Property Owner, Mildred Dibona and Mr. Lee Stevens, Applicant. Parking Requirements The parking area shall be restriped to provide adequate on-site parking and circulation. Restriping of the parking area shall be approved by the Community Development Director. Said parking shall be installed by June 30, 1994. Building Facade Provide a retail oriented treatment to the building front such as a centralized entryway, awning treatment and window display features. The applicant shall submit plan depicting the facade modifications along with a schedule for installation. Said improvements shall be approved by the Community Development Director and shall be installed no later than December 31, 1994. Removal of Shed The shed located at the rear portion of the building shall be removed. Prior to demolition the applicant shall obtain all necessary approvals from the Building Department and Central Fire District. The shed shall be removed by June 30, 1994. Fire Sprinklers Fire sprinklers shall be installed per the requirements of the Campbell Building Department and the Central Fire District. Plans for installation of fire sprinklers shall be submitted to the Campbell Building Department and the Central Fire District for approval. Said sprinklers shall be installed within three months of approval of the project plans unless an extension is granted by the Community Development Director and the Chief Building Official. Non-Conformin~$ Use Agreement - 150 Harrison Avenue Pa~e -3- Trash Enclosure a. Pursuant to Section 6.04.080 of the Campbell Municipal Code, the property owner shall maintain a trash container(s) of a size a quality necessary to serve the development. Said trash container(s) shall be located in the area(s) approved by the Community Development Director in accordance with the following criteria: containers shall be within an enclosure(s) constructed and consisting of a concrete floor, or asphalt no less than six inches in depth, surrounded by a minimum five foot sight-obscuring wall or fence and having a gate, and of a size approved by the Community Development Director as safe and adequate for the intended use. The fence gate and surface inside the enclosure must be kept in sound repair. b. Said enclosure shall be installed no later than June 30, 1994. e Outside Storage Vehicles The outdoor storage of automobiles by any tenant at 140, 150, and 160 Harrison Avenue is prohibited. Vehicles and/or vehicle parts may not be stored in the parking area. The repair of vehicles and storage of disabled vehicles and parts must be conducted within an enclosed building pursuant to Section 21.32.020 of the Campbell Municipal Code. These requirements shall be included in all lease agreements for the subject sites. o Drainage System The drainage system in the parking lot shall repaired to provide adequate on-site drainage. Said repairs shall be completed by June 30, 1994. ge Retail/Office Use At least 40% of the net leased area shall be maintained for retail/office uses. The retail/office use shall be located in the front portion of the building abutting Harrison Avenue. Building Occupancy. a. Subject to approval of the Community Development Director and the Chief Building Official, occupancy may be permitted prior to installation of the fire sprinklers, striping of the parking area, removal of the shed, and construction of the trash enclosure if a faithful performance bond or refundable deposit is posted to ensure completion of the required work. b. The bond or deposit shall be in the amount necessary to finance the required improvements. The property owner and/or applicant shall submit cost estimates and project plans for the required work Non-Conforming Use Agreement - 150 Harrison Avenue Page -4- prior. All work shall be completed by the dates stipulated in this agreement. The applicant shall submit project plans to Planning Department, Building Department, and Central Fire District for all required work and proposed tenant improvements. Project plans shall be approved by the Community Development Director, Chief Building Official, and Central Fire District prior to occupancy. 10. Building and Fire Department Review Applicant and Property Owner shall comply with all requirements of the Campbell Building Department and the Central Fire District, and obtain all necessary permits prior to commencing use of the property. 11. Assignees and Successors This Agreement is made for the benefit of the property at 150 Harrison Avenue. This Agreement shall run with the land and bind all subsequent owners, heirs, assigns, and successors of the terms of this agreement. 12. Attorney's Fees In the event that the City shall require the services of an attorney to enforce the provisions of this Agreement, the City shall be reimbursed for all reasonable expenses including attorney's fees. This provision shall include services rendered by the City Attorney. 13. The undersigned parties have read and understand the foregoing terms and agree to bound thereby. This agreement can be signed in counter- parts and shall be binding as so executed. DATED: 't~ _ \% ~\~.~ DATED: · l~Ii!dred Di ,bona, Property Owner Le.~-ii~n~, AP~ant ~//Steve~n piase~ck~:, Community Development Director William Seligmann, City Attorney