Use Permit - 2000 - Withdrawn CITY OF CAMPBELL
Community Development Department - Current Planning
January 9, 2001
Mr. William S. Berland
Ferguson & Berland
1816 Fifth Street
Berkeley, CA 94710
Re:
PLN 2000-162 Conditional Use Permit for a retail establishment featu~
accessories and paraphernalia and offering tattoo /body-piercing serv
Winchester Blvd.
Dear Mr. Berland,
We have received your request to withdraw your client's application PLN20
removed from this evening's Planning Commission agenda and a note will 12
that the application was withdrawn at the applicant's request.
Sincerely,
Kristi Bascom
Planner I
CC:
Mel Lindstrom, Planning Commission Chair
Geoff Bradley, Senior Planner
Mohammed Zahriya (Applicant), 291 S. Capitol Ave., San Jose, CA 9~
Stephen and Ellen McBee (Owners), 909 Marine Drive, Bellingham, W
· ing smoking
ices at 2082 S.
)0-162. It will be
e added to the file
;127
A 98225
70 North First Street . Campbell, California 95008-1436 · TEL 408.866.2140 · FAX 408.866.8381 · 'mD 408.866.2790
January 8, 2001
VIA ~ACS IM~X~
Kristi Bascom, Plaru~er I
City of Campbell
Community Development DeDartment
70 North First Street
Campbell, CA 95008
RE: PLN 2000-162 Conditional Use Permit
Dear Ms. Bascom:
This will confirm that Mr. Zahriya is withdrawing his
application for a conditional use permit for 2082 SoUth Winchester
Boulevard, Campbell, California.
Thank you.
Sincerely,
wsb/jp
cc: Nesser Zahriya
FERGUEON & BERLAND
William S. Berland vl
/
"DICTATED BUT NOT REAI3~
RECEIVED
JAN 0 8 2001
CiTY OF CAUPBELL
PLANNING DEPT.
EO/E0 39Vd GNg]~3~ GN~ NOSF~3~3~ £PI£8~0IQ £~:LT T00E/SO/I0
O,~CH/~gO
PLN2000-162
Zahriya, M.
ITEM NO. 1
STAFF REPORT - PLANNING COMMISSION MEETING OF
JANUARY 9, 2001
Public Hearing to consider the application of Mr. ]~ 4ohammed Zahriya
for approval of a Conditional Use Permit (PLN2(~00-162) to allow a
tattoo, body-piercing, and smoking accessory
property located at 2082 S. Winchester Blvd ir.
Commercial) Zoning District. This project is Cal
Planning Commission decision final in 10 days,
writing to the City Clerk.
STAFF RECOMMENDATION
That the Planning Commission take the following action:
1. Adopt a Resolution, incorporating the attached findings, denying the pro
establishment on
a C-2-S (General
egorically Exempt.
unless appealed in
>osed application.
ENVIRONMENTAL DETERMINATION
This project is Categorically Exempt under Section 15301, Class 1 (minor alterations of existing
structures) of CEQA; therefore, no environmental action is required.
PROJECT DATA
Gross Lot Size
Net Lot Size
Building Size
Building Coverage
Paving Coverage
Landscaping Coverage
Parking Spaces Required
Parking Spaces Provided
Proposed Hours of Operation
Surrounding Uses
4,050 square feet (.09 acres)
2,700 square feet (.06 acres)
2,210 square feet
82%
18%
none
11
2
Daily from 10:00 a.m. to 10:00 p.m.
North: Auto repair
South: Auto-oriented commercial (retail sales)
East: Residential
West: Commercial
DISCUSSION
Background: The property is fully developed with a building constructed in 1940. The building
is legal, non-conforming in that there is not enough parking provided as required for the
commercial use of the property and there is no landscaping provided, nor space to provide it.
Staff Report - Planning Commis~,on meeting of January 9, 2001
2082 S. Winchester Blvd. -- PLN2000-162
Page 2
The building was previously used as a retail store specializing in flooring and window coverings,
but has been vacant for approximately six to nine months.
Applicant's Proposal: The applicant proposes to establish and operate a girl and clothing shop
that will sell smoking products such as water pipes, hand pipes, lighters, scales, and cigarette
paper, T-shirts and hats, and other girl items such as candles, jewelry, posters, and stickers. In
addition, the shop also proposes to provide tattooing and body-piercing services. The business
plans to operate under the name "Popeye's Gift Shop."
ANALYSIS
General Plan Designation: The property is designated Commercial under ~the current General
Plan. The updated General Plan, which has not yet been adopted, shows thei designation for this
property as Central Commercial. Both of these designations are consistent with the proposed
retail / personal service uses.
Zoning Designation: The property is zoned C-2 (General Commercial). ACcording to a recent
Planning Commission determination, a tattoo, body piercing, and/or smoking accessory
establishment is a use permitted with a Conditional Use Permit in the C-1 (Neighborhood
Commercial) Zoning District. Because this use is allowed in the C-1 district with a Conditional
Use Permit, it is also permitted in the C-2 Zoning District with a Conditional Use Permit.
Site Layout: The site is small and constrained and has inadequate vehicular circulation. The
driveway to the two parking spaces at the rear of the building, which is 25 feet wide, is shared by
the business to the south, and the driveway leads to a partially unpaved alley.
Building Design: The applicant does not propose any exterior changes to the building, but solely
tenant improvements on the interior, as shown on the attached floor plans.
Applicability of State law: California Penal Code Section 308, the law that manages the display
and sales of smoking paraphernalia to minors, clearly restricts access to establishments that sell
smoking paraphernalia to adults over age 18. The law requires separate rooms for the display of
smoking paraphemalia and signage banning minors from the establishment. The law also
prohibits the adoption of local ordinances inconsistent with State standards. Local govemments
can, however, regulate the location of land uses within their jurisdiction.
In accordance with State law, Campbell Municipal Code Section 8.24 also regulates minor
access to establishments that sell paraphernalia for smoking or injecting any controlled
substance, which this establishment proposes to do. (See Attachment 6)
Parking: Two tandem off-street parking spaces are provided for the site. The means of access to
the parking is from the driveway to the south of the building and by a private, partially-paved
access alley to the east of the building. To the north and south of the site are auto-related
businesses, which are parking-intensive. In the absence of on-site parking, it is likely that cars
would overflow onto the residential streets such as Sanford Avenue and/or Fourth Street in
search of parking.
Staff Report - Planning Commis~,on meeting of January 9, 2001
2082 S. Winchester Blvd. -- PLN2000-162
Page 3
Landscaping: None is provided on site. The property consists of building and pavement only.
Non-Conforming Use: This property is considered nonconforming due to its parking and
landscape deficiencies. According to Chapter 21.66 of the Campbell Municipal Code on
Nonconforming Uses, "the nonconforming use of a building or structure may be changed to a
use of the same or more restricted classification, but where the nonconforming use of a building
or structure is changed to a use of lesser intensity, it shall not thereafter be changed to a use of
greater intensity." The previous use of the building was a retail establishment that sold window
and floor coverings. The proposed use of the building is a combination of retail uses and
personal services, which is considered to be more intensive. If a more intensive use is to be
permitted, the site needs to be brought into conformance with current development standards.
This would require the complete redevelopment of the site.
City Services: The Campbell Police Department has expressed concerns that the combination of
retail sales (smoking paraphemalia) and personal services (tattoo and body piercing) would
generate a higher than average level of demand on City police services, as has been found to be
the case in other jurisdictions. Concerns include potential impacts to adjacent residences and
also the business serving as an unintended magnet for nearby students. Loitering or other such
activity at the site would likely increase demand on City of Campbell Police services.
Site and Architectural Review Committee: Since no exterior changes are proposed, this item was
not reviewed by SARC.
ATTACHMENTS
1. Findings for denial of application PLN2000-162
2. Location Map
3. Site Plan
4. Existing Floor Plan
5. Proposed Floor Plan
6. Section 8.24 of the Campbell Municipal Code
7. Findings for approval of application PLN2000-162
8. Conditions of Approval for application PLN2000-162
Prepared by:
Approved by:
Kristi Bascom, Planner I
Attachment 1
FINDINGS FOR DENIAL OF FILE NO. PLN2000-162
SITE ADDRESS:
APPLICANT:
P.C. MEETING:
2082 S. Winchester Blvd.
Mohammed Zahriya
January 9, 2001
Findings for Denial of a Conditional Use Permit to allow a tattoo, body-piercing, and smoking
accessory establishment at 2082 S. Winchester Blvd.
The Planning Commission finds as follows with regard to File No. PLN 2000-162.
o
o
It is not desirable to locate a use that by law restricts entry to adults in close proximity to
a middle school. The students at Campbell Middle School (located less than one-half
mile from the proposed site) are under age 18 and would be legally restricted from this
establishment. However, an establishment offering these services and retail items would
likely be one that would interest students in this age group. To locate the two uses in
close proximity to each other could prove troublesome with the age restrictions and
potential problems involving minors.
It is not desirable to locate a use that by law restricts entry to adults in close proximity to
the City's Community Center. The Campbell Community Center (located less than 500
feet from the proposed site) offers programs to all age groups, from toddler to senior
citizen, and draws residents from throughout the community. To locate this type of
establishment less than 500 feet from a community center that caters to young kids of all
ages could also prove troublesome given the regulations and potential problems involving
minors.
The City of Campbell has found that other businesses that offer body-piercing services
have generated a higher than average level of demand on police services to respond to
incidents involving minors.
Other jurisdictions have found that a similar combination of uses (retail sales of smoking
accessories / tattoo services / body piercing services) generate a higher than average level
of demand on police services.
The site is non-conforming due to two primary factors, and the shift to a more intensive
business operation (retail and personal services combined) is not appropriate for the site.
The reasons for nonconformance are:
a. The amount of parking required for a retail use of this size is eleven spaces; only two
are provided on this site.
The minimum amount of landscaping to be provided for properties in the C-2-S
(General Commercial) zoning district is ten percent with planting along all property
lines; none is provided on this site.
Findings for Denial of Applicatio,, PLN2000-162
2082 S. Winchester Blvd.
The site is inadequate in size to accommodate the required parking, loading, landscaping,
and other development features required. Concerns include:
a. Customer access to the site is constrained. There is one driveway that leads to only
two parking spaces and interior circulation is difficult.
b. There is limited on-street parking that does not compensate for the lack of off-street
parking required.
Vehicular access behind the building is on a private road (not part of the subject
property) that is unpaved and in a state of disrepair. This private road is immediately
abutting the adjacent residential uses without any setback or landscaped buffer, with a
wood fence separating the two uses.
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
o
The establishment, maintenance, or operation of the use applied for will be detrimental to
the public health, safety, peace, morals, comfort, or general welfare of persons residing or
working in the neighborhood of such proposed use, or detrimental or injurious to property
and improvements in the neighborhood or to the general welfare of the City. The
proposed use would probably significantly disturb the peace and enjoyment of nearby
residential neighborhoods.
The proposed site is not adequate in size to accommodate the yards, wall, fences, parking,
loading facilities, landscaping, and other development features required in order to
integrate said use with uses in the surrounding area.
The proposed site does not have adequate vehicular circulation to carry the kind and
quantity of traffic such uses would generate
The proposed use is not compatible with the uses in the area. The proposed use would
likely create a nuisance due to problems involving minors, noise, litter, vandalism, traffic
or other factors;
5. The proposed use would likely significantly increase the demand on city services
Attachment 6
Campbell Municipal Code
Chapter 8.24 SALES OF DRUG PARAPHERNALIA TO MINORS
8.24.010 Minors
No owner, manager, proprietor, or other person in charge of any room in any place of business,
selling or displaying for the purpose of sale any device, contrivance, instrument or paraphernalia
for smoking or injecting or consuming marijuana, hashish, PCP, or any controlled substance as
defined in the health and Safety Code of the State of California, other than prescription drugs and
devices to ingest or inject prescription drags, as well as roach clips and cigarette papers and
rollers designed for the smoking of the foregoing, shall allow or permit any person under the age
of eighteen years to be, remain in, enter, or visit such room unless such minor person is
accompanied by one of his or her parents, or by his or her legal guardian. (Ord. 1244 §l(part),
1979).
8.24.020 Minors--Excluded
A person under the age of eighteen years shall not be, remain in, enter, or visit any room in any
place used for the sale or displaying for sale devices, contrivances, instruments or paraphernalia
for smoking or injecting marijuana, hashish, PCP, or any controlled substance, other than
prescription drugs and devices to ingest or inject prescription drugs, including roach clips, and
cigarette papers and rollers designed and used for smoking the foregoing, unless such person is
accompanied by one of his or her parents, or his or her legal guardian. (Ord. 1244 §l(part),
1979).
8.24.030 Sale and display rooms
A person shall not maintain in any place of business to which the public is invited the display for
sale, or the offering to sell of devices, contrivances, instruments or paraphernalia for smoking or
injecting marijuana, hashish, PCP, or any controlled substance, other than prescription drugs and
devices to ingest or inject prescription drugs, including roach clips, and cigarette papers and
rollers designed and used for smoking the foregoing, unless within a separate room or enclosure
to which minors not accompanied by a parent or legal guardian are excluded. Each entrance to
such a room shall be sign posted in reasonably visible and legible words to the effect that
narcotic paraphernalia are being offered for sale in such a room, and minors, unless accompanied
by a parent or legal guardian, are excluded. (Ord. 1244 §l(part), 1979).
8.24.040 Sale and display rooms--Nuisance
The distribution or possession for the purpose of sale, exhibition, or display in any place of
business from which minors are not excluded as set forth in this section, and where devices,
contrivances, instruments or paraphernalia for smoking or injecting marijuana, hashish, PCP, or
any controlled substance, other than prescription drugs or devices to ingest or inject prescription
drugs, including roach clips and cigarette papers and rollers designed and used for smoking the
foregoing, is declared to be a public nuisance and may be abated pursuant to the provisions of
Section 731 of the Code of Civil Procedure of the State of California. This remedy is in addition
to any other remedy provided by law, including the penalty provisions applicable for violation of
the terms and provisions of this code. (Ord. 1244 §l(part), 1979).
Section 8.24 of Campbell Municipal Code
8.24.050 Penalty
It is unlawful for any person, firm or corporation to violate any provision, or fail to comply with
any mandatory requirement of this chapter. Any person, firm or corporation committing any
unlawful act under this chapter shall be guilty of a misdemeanor pursuant to Section 1.04.010 of
this code. (Ord. 1693 §5(F), 1988).
Attachment 7
FINDINGS FOR APPROVAL OF FILE NO. PLN2000-162
SITE ADDRESS:
APPLICANT:
P.C. MEETING:
2082 S. Winchester Blvd.
Mohammed Zahriya
January 9, 2001
Findings for Approval of a Conditional Use Permit to allow a tattoo, body-piercing, and smoking
accessory establishment at 2082 S. Winchester Blvd.
The Planning Commission finds as follows with regard to File No. PLN 2000-162.
1. It is desirable to locate a use that by law restricts entry to adults in close proximity to a
middle school.
o
It is desirable to locate a use that by law restricts entry to adults in close proximity to the
City's Community Center.
The City of Campbell has not found that other businesses that offer body-piercing services
have generated a higher than average level of demand on police services to respond to
incidents involving minors.
Other jurisdictions have not found that a similar combination of uses (retail sales of smoking
accessories / tattoo services / body piercing services) generate a higher than average level of
demand on police services.
The site is non-conforming due to two primary factors, but the shift to a more intensive
business operation (retail and personal services combined) is appropriate for the site. The
reasons for nonconformance are:
a. The amount of parking required for a retail use of this size is eleven spaces; only two are
provided on this site.
b. The minimum amount of landscaping to be provided for properties in the C-2-S (General
Commercial) zoning district is ten percent with planting along all property lines; none is
provided on this site.
The site is adequate in size to accommodate the required parking, loading, landscaping, and
other development features required.
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
The establishment, maintenance, or operation of the use applied for will not be detrimental to
the public health, safety, peace, morals, comfort, or general welfare of persons residing or
working in the neighborhood of such proposed use, or detrimental or injurious to property
and improvements in the neighborhood or to the general welfare of the City. The proposed
use would not significantly disturb the peace and enjoyment of nearby residential
neighborhoods.
Findings for Approval of Applicauon PLN2000-162
2082 S. Winchester Blvd.
The proposed site is adequate in size to accommodate the yards, wall, fences, parking,
loading facilities, landscaping, and other development features required in order to integrate
said use with uses in the surrounding area.
o
The proposed site has adequate vehicular circulation to carry the kind and quantity of traffic
such uses would generate
The proposed use is compatible with the uses in the area. The proposed use would not create
a nuisance due to problems involving minors, noise, litter, vandalism, traffic or other factors;
5. The proposed use would not increase the demand on city services.
Attachment 8
CONDITIONS OF APPROVAL FOR FILE NO. PLN 2000-162
SITE ADDRESS:
APPLICANT:
P.C. MEETING:
2082 S. Winchester Blvd.
Mohammed Zahriya
January 9, 2001
The applicant is hereby notified, as part of this application, that he/she is required to meet the
following conditions in accordance with the Ordinances of the City of Campbell and the State of
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.
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division Requirements:
1. Approved Project: Approval is granted for a Conditional Use Permit (PLN2000-162) to
allow a tattoo, body-piercing, and smoking accessory establishment at 2082 S. Winchester
Blvd. except as may be modified by the Conditions of Approval contained herein.
2. Business Operation: The applicant shall operate and maintain this use in a manner that is not
objectionable, offensive, or incompatible with surrounding uses. It shall not create a
nuisance due to noise, litter, vandalism, traffic, or other factors.
a. Operation of this use in violation of this approval of City of Campbell standards, codes,
and ordinances shall be grounds for revocation of this approval.
b. In the event complaints are received by the City regarding noise, litter, vandalism, traffic,
or other factors, the Community Development Director, upon confirmation that the
nuisances are generated by the subject establishment, may limit the business operations.
Actions by the Community Development Director may be appealed to the Planning
Commission, but the operational changes shall be effective immediately upon notification
by the Community Development Director.
3. Hours of operation: Hours of operation are from 10:00 a.m. to 10:00 p.m. daily.
4. On-site Lighting: Details of any new project lighting shall be approved by the Community
Development Director prior to the issuance of building permits. The lighting shall not create
glare on adjacent residential uses.
5. Fences/walls: Any newly proposed fencing and/or wall shall comply with Section 21.59.090
of the Campbell Municipal Code and shall be submitted for review and approval by the
Community Development Department prior to construction.
6. Property Maintenance: The property is to be maintained free of any combustible trash, debris
and weeds. All structures shall also be required to be maintained free of graffiti. Should
graffiti appear on the building, enclosure walls and/or trash enclosure, the applicant shall take
measures to immediately remove the graffiti.
Conditions of Approval for File l~v. PLN 2000-162
2082 Winchester Blvd.
7. Location of Mechanical Equipment: No new roof-mounted and/or ground level mechanical
equipment, i.e. air conditioning units, shall be located on or adjacent to the building without
providing screening of the mechanical equipment from public view. Screening material and
method shall require review and approval by the Community Development Director prior to
the installation of such mechanical equipment.
8. Trash Disposal/Recycling: The applicant shall provide details regarding the design and
location of any new trash disposal/recycling facilities necessary to serve the business. Plans
to be reviewed and approved by the City prior to the issuance of building permits for the
project. The design of the trash enclosure shall match the building in terms of color and
finish.
9. Signs: Any signs proposed to be erected on site shall require approval of a Sign Permit. A
Sign Permit may be granted upon complete submission of a Sign application and approval by
the Community Development Department, in accordance with the City's Sign Ordinance.
No sign shall be permitted until the application is approved and a permit issued.
10. Noise:
A. Exterior Doors: All doors providing access to and from the establishment shall be self-
closing doors and shall not be propped open.
B. Noise Standard: Any noises, sounds and/or voices, including but not limited to amplified
sounds, loud speakers, sounds from microphones, audio sound systems, music and/or
public address system, generated by uses within the building or by customers in the
parking area shall not be audible to a person of normal hearing acuity from any
residential property after 10:00 p.m.
C. Noise Management: In the event complaints are received by the City regarding noise, the
Community Development Director, upon confirmation that the noises are generated by
this use, may limit the operation hours and/or may require a Noise Management Plan to
be submitted by the applicant consisting of an acoustical study by a qualified acoustical
engineer for recommendations to attenuate the noise. The applicant shall implement the
mitigation measures as determined in the acoustical study to comply with the noise
conditions as herein included in these Conditions of Approval. Actions by the
Community Development Director may be appealed to the Planning Commission, but the
reduced hours for the business shall be effective immediately upon notification by the
Community Development Director.
D. Exterior Speakers: No audio sound system, music, public address system or speakers are
permitted outside of the building.
Building Division Requirements:
11. Permits Required: A building permit application shall be required for the proposed tenant
improvement. The building permit shall include Electrical/Plumbing/Mechanical fees when
such work is part of the permit.
12. Building Codes: Prior to the issuance of building permits, the applicant shall comply with all
Building Code requirements and obtain necessary permits as determined by the City's
Building Division.
Conditions of Approval for File bo. PLN 2000-162
2082 Winchester Blvd.
13. Construction Plans: The conditions of Approval shall be stated in full on the cover sheet of
construction plans submitted for building permit.
14. Size Of Plans: The minimum size of construction plans submitted for building permits shall
be 24 in. X 36 in.
15. Plan Preparation: This project requires plans prepared under the direction and oversight of a
California licensed Engineer or Architect. Plans submitted for building permits shall be "wet
stamped" and signed by the qualifying professional person.
16. Site Plan: Application for building permit shall include a competent site plan that identifies
property and proposed structures with dimensions and elevations as appropriate. Site plan
shall also include site drainage details. Site address and parcel numbers shall also be clearly
called out.
17. Title 24 Energy Compliance: California Title 24 Energy Standards Compliance forms shall
be blue-lined on the construction plans. Compliance with the Standards shall be
demonstrated for conditioning of the building envelope and lighting of the building.
18. Title 24 Accessibility - Commercial: On site general path of travel shall comply with the
latest California Title 24 Accessibility Standards. Work shall include but not be limited to
accessibility to building entrances from parking facilities and sidewalks.
19. Title 24 Accessibility - Commercial: Projects seeking to use the Title 24 Hardship
exemption clause shall blue-line completed, City of Campbell "20%" exemption form on
submitted construction plans. Form is available at Building Division service counter.
20. Approvals Required: The project requires the following agency approval prior to issuance of
the building permit:
A. West Valley Sanitation District
B. Santa Clara County Fire Department
C. Santa Clara County Dept. of Environmental Health
PUBLIC WORKS DEPARTMENT
21. Storm Drain Area Fee: Prior to Issuance of the Conditional Use Permit for the site, the
applicant shall pay the required Storm Drain Area fee, which is $2500 per acre.
CITY OF CAMPBELL
Community Development Department - Current Planning
December 29, 2000
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Planning Commission of the City of Campbell has set the time of
7:30 p.m., or shortly thereafter, on Tuesday, January 9, 2001, in the City Hall Council
Chambers, 70 North First Street, Campbell, California, for a Public Heating to consider the
application of Mr. Mohammad Zahriya for approval of a Conditional Use Permit (PLN2000-162)
to allow a tattoo, body piercing and smoking accessory establishment on property located at 2082
S. Winchester Boulevard in a C-2-S (General Commercial) Zoning District. This project is
Categorically Exempt.
Interested persons may appear and be heard at this hearing. Please be advised that if you
challenge the nature of the above project in court, you may be limited to raising only those issues
you or someone else raised at the Public 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
SHARON FIERRO
SECRETARY
PLEASE NOTE:
When calling about this Notice,
please refer to File No. PLN2000-162
Address: 2082 S. Winchester Boulevard
70 North First Street · Campbell, California 95008-1436 · TEL 408.866.2140 · F^X 408.866.838 I · TDD 408.866.2790
CITY OF CAMPBELL
Community Development Department
November 29, 2000
Mr. William S. Berland
Ferguson & Berland
1816 Fifth Street
Berkeley, CA 94710
Re:
PLN 2000-162 Conditional Use Permit for a retail establishment featuring smoking
accessories and paraphernalia and offering tattoo/body-piercing services
Dear Mr. Berland,
The Planning Division has reviewed Mr. Zahriya's application submittal of November 3, 2000
for a Conditional Use Permit to allow a retail establishment featuring smoking accessories and
paraphemalia and offering tattoo / body-piercing services. Based on our review, the application
has been deemed complete. The application has been placed on the Planning Commission
meeting agenda for Tuesday, January 9, 2001.
Planning staff will be writing a recommendation and the completed staff report will be sent to
you approximately one week prior to the meeting.
Please do not hesitate to contact me at (408) 866-2142 if you have any questions.
Sincerely,
Kristi Bascom
Planner I
CC:
Moharatned Zahriya (Applicant)
291 S. Capitol Ave.
San Jose, CA 95127
Stephen and Ellen McBee (Owners)
909 Marine Drive
Bellingham, WA 98225
70 North First Street · Campbell, California 95008.1423 · TEL 408.866.2140 · F^X 408.866.8381 · TDD 408.866.2790
PROJECT DESCRIPTION
Pro~ect DescriDtion
Applicant proposes to establish and operate a gift and
clothing shop that will sell tobacco products such as cigarettes
and cigars; smoking accessories such as water pipes, hand pipes,
lighters, scales and cigarette paper; clothing such as T-shirts
and hats; and gift items such as candles, jewelry, posters, and
stickers. In addition, the shop will provide tattooing and body
piercing services.
The shop will be operated in an older established
commercial/retail district on South Winchester Boulevard one
block South of the intersection with East Campbell Avenue.
Applicant plans to perform tenant improvements to upgrade
the premises to convert them into a hygienically clean, modern
retail establishment suitable for the operations.
The professional services will include custom, cover-up and
cosmetic tattooing and piercing by highly trained, experienced
and licensed professionals. These operations will be conducted
under highly sterilized conditions complying with all Health and
Safety Regulations to protect patrons' health and welfare.
The area in which smoking accessories will be displayed and
sold will be in a separate enclosure. Minors unaccompanied by a
parent or guardian will be excluded from that separate
enclosure. The separate enclosure will be posted with signs
explicitly prohibiting minors unaccompanied by a parent or
guardian from entering. Ail store employees will be instructed
to rigorously enforce the requirement that minors unaccompanied
by a parent or guardian not be permitted in the area in which
smoking accessories are displayed and sold.
Project Description
The clothing and gift operations will specialize in highly
styled clothing, custom jewelry and other such items that cater
to a young avant guarde market segment.
Pro~ect Site
The proposed project site is an older 1950's type
retail/commercial building. It was previously used as a retail
store specializing in flooring (laminates, vinyl, carpet,
hardwood and area rugs) and window coverings (blinds, shades and
shutters). The building is currently vacant and has been vacant
for some time.
Zoning
The site is zoned C-2.
Permitted Uses
The proposed tattoo, body piercing, smoking accessory and
gift shop is permitted under the current C-2 zoning, subject to
issuance of a Conditional Use Permit.
Hours Of Operation And Number Of EmDloyees
There will be two employees operating the shop. The hours
of operation for the shop will be 10 a.m. to 10 p.m. seven days
a week.
The Proposed Should Result In No Adverse Impacts Upon This Older
Commercial/Retail Neighborhood
North
Immediately to the North, there is Jim's Auto Repair Shop.
Jim's in the Sanford Avenue provides a good buffer zone between
the project site and established commercial businesses to the
North beyond Sanford Avenue on South Winchester.
South
There is a retail shop specializing in pre-fabricated
custom doors and windows. Beyond to the South lie other
commercial~businesses and offices.
Project Description 2
East
Lowell Way is directly behind the project site and forms a
buffer zone between the proposed operation and several
residences to the East of the project site.
West
Immediately to the West of the project lies South
Winchester Boulevard, a busy artery that provides a 100 foot
wide buffer zone between the proposed operation and established
commercial and service businesses on the West side of
Winchester.
Summary
The proposed project is an excellent opportunity to re-
vitalize the neighborhood with a permitted use operation that
should have no adverse impact on the established community. The
proposed project presents an excellent utilization of the
available vacant commercial property.
Dated: /~/~/~ , 2000
Attorney for Applicant
Project Description 3
MICHAEL C. FEROUSON
WILLIAM S. BERLAND
LAW OFFICES
FERGU$ON ~ BERL~_~D
A PROFESSIONAL CORPORATION
1816 FIFTH STREET · BERKELEY~ CALIFORNIA 94710
TELEPHONE {510) S48-9005
FAX {510} .=548-3143
October 31, 2000
Planning Department
City of Campbell
70 North 1st Street
Campbell, CA 95008-1423
Re:
Application For Conditional Use Permit For
2082 South Winchester Boulevard, Campbell
Dear Planning Commission:
I represent Mohammed Zariya. Mr. Zariya wishes to
apply for a conditional use permit for the premises at 2082
South Winchester Boulevard, Campbell, California. The
following documents are submitted in connection with Mr.
Zariya's Conditional Use Permit Application:
1. The Planning Department Development Application,
signed by the property owner and the applicant.
2. The Supplemental Application.
3. The Site and Architectural Plans (seven full-size
legible copies and fifteen reduced legible
copies).
4. The Written Statement describing the requested
project.
5. Photographs of the existing site building.
6. The filing fee in the amount of $1,627.50.
7. The Preliminary Title Report.
8. The Contribution Disclosure Form.
o
The Hazardous Waste And Substance Sites
Disclosure Form.
Please direct correspondence regarding this
Conditional Use Permit Application to me. I look forward
to working with you in connection with the processing of
this application.
WSB/svc
Enclosures
Sincerely,