Use Permit-Baja Fresh-2002VIA FACSIMILE
May17,2002
Mr. Geoff Bradley
Senior Planner
70 North First Street
Campbell, CA 95008
CITy OF CAI p
PLANNING DE;ET!L
Re:
Baja Fresh Mexican Grill
1976 S. Bascom Avenue
Campbell, California
Dear Geoff:
On February 26, 2002 we received a Conditional Use Permit for an outdoor patio. The condition
issued by the Public Works Department requiring the removal of the non-ADA compliant
driveway on Bascom Avenue, and installation of a new ADA-compliant driveway, appears to be
extremely onerous if not impossible to accomplish.
In an attempt to comply with the conditions set forth in the Conditional Use Permit, we have had
the site surveyed by a civil engineer. Since we are unsure as to the requirements regarding the
existing manhole located in the middle of the driveway, the cost for providing an ADA
compliant driveway on Bascom Avenue may vary from the mid teens to $60,000, exclusive of
architectural and permit fees. Based on information provided by our civil engineer, we are aware
of two possible options: 1) modify the manhole at a cost from $30,000 to $50,000, or 2) procure
Landlord permission to have the sidewalk located within the property, by dedicating an easement
to the City. This could be accomplished by obtaining 4 feet on each side of the driveway and 4
feet onto the property for the sidewalk, if the Landlord approves of this eminent domain action.
All concerned would like to see a high class outdoor patio at this site. To that end, we have
obtained three bids from General Contractors for the following scope of work: the bids for the
pouring of concrete, installation of underground gas heaters, construction of a low wall with
glass, lighting, re-striping of the parking lot, additional ADA parking ramp and stall for a van,
and bike rack ranged from $68,000 to $80,000, exclusive of architectural and permit fees.
Baja Fresh has already complied with one of the City's conditions regarding landscaping. Thus
far we have expended approximately $12,000 for landscaping with an additional $3,000 to be
spent when the patio is completed. This brings the possible total cost to comply with the
conditions to between $130,000 to $160,000, exclusive of architectural and permit fees.
Fresh Enterprises, Inc.
225 w. Hillcrest Drive · Suite 351 · Thousand Oaks, CA 91360 · Phone 805.495.4704 · Fax 805.495.4755 · www. bajafresh.com
Mr. GeoffBradley
May 17, 2002
Page Two
Meanwhile, we have been instructed by the Planning Commission to remove our patio tables and
chairs from the outdoor patio. This will cause substantial lost revenues and profits due to loss of
seating, inasmuch as we only have 88 inside seats.
Today, we agreed with you to place only 4 tables, 2 umbrellas, and 8 chairs on the area between
the restaurant and our parking lot, effective at 11 AM on Monday, May 20. This will serve as a
waiting area for our customers who will now have no place to sit and will leave us over-parked
on the site.
We hereby request a hearing before the Planning Commission in order to review the hardship
these conditions have imposed upon us and to implore the Planning Commission to work with
the parties involved in the City of Campbell.
The projected expense of approximately $160,000 does not bear economic reality to the
incremental 14 outside seats that will be allowed by this work.
SincTrely, N.. .
C~g Dql!~trhyde ~/ ~
¢sident and CEO
March 4, 2002
0~ ·
CITY OF CAMPBELL
Public ~/orks Department
Tim Thomason
Baja Fresh Mexican Grill
225 W. Hillcrest Drive
Thousand Oaks, CA 91360
Re: Application PLN2001-78 at 1976 S. Bascom Avenue
Dear Mr. Thomason:
The Planning Commission, at its meeting of February 26, 2002, adopted Resolution 3411
approving a Conditional Use Permit to allow the establishment of an outdoor seating area in
conjunction with an existing restaurant on the above subject property.
At your earliest convenience, I would like to arrange a meeting with you, your consultants, and
the City's Public Works land development representative(s). 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 representative(s) may also include staff members from the Planning and Building
Divisions, if necessary. 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.
SincerelY,
I. Harol~iHousley, P.E.
Land Development Engineer
Cc:
Stephanie Willsey, Planner I
Alvin Penhall, 236 Via Eboli, Newport Beach 92663
h:\landdev/1976sbascom stdltr(mp)
70 North First .qtrcet · Campbell. Ca!ifornia 9c, OOS-1423 · lit 408.866.2150 F. xx 408.376.0958 · T~.)D 405.866.2790
CITY OF CAMPBELL
Community Development Department - Current Planning
February 28, 2002
Mr. Tim Thomason
Baja Fresh Mexican Grill
225 W. Hillcrest Drive
Thousand Oaks, CA 91360
Re: PLN2001-78 - 1976 S. Bascom Avenue - Use Permit - 22 Outdoor Seats
Dear Applicant:
Please be advised that at its meeting of February 26, 2002, the Planning Commission
adopted Resolution No. 3411 approving a Conditional Use Permit (PLN2001-78) to
allow the establishment of an outdoor seating area accommodating 22 seats in
conjunction with an existing restaurant (Baja Fresh Mexican Grill) on the above-
referenced property.
This approval is effective in ten calendar days, unless appealed in writing to the City
Clerk by 5 p.m. on Friday, March 8, 2002. California Code of Civil Procedure, Section
1094.6, governs the time within which judicial review of this decision must be sought.
If you have any questions, please do not hesitate to contact me at (408) 866-2140.
Sincerely,
Stephanie Willsey
Planner I
CC:
Alvin Penhall (Property Owner)
236 Via Eboli
Newport Beach, CA 92663
Frank Mills, Building Department
Harold Housley, Public Works
Chris Veargason, County Fire
70 North First Street . Cantpbell, California 95OO8-1436 - TFt. 408.8662 40 - F.XX 408.866.8381 · TDD 408.866.2790
RESOLUTION NO. 3411
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE
PERMIT (PLN2001-78) TO ALLOW THE ESTABLISHMENT OF
AN OUTDOOR SEATING AREA ACCOMMODATING 22 SEATS
IN CONJUNCTION WITH AN EXISTING RESTAURANT (BAJA
FRESH MEXICAN GRILL) ON PROPERTY OWNED BY MR.
ALVIN PENHALL AT 1976 S. BASCOM AVENUE IN THE C-2-S
(GENERAL COMMERCIAL) ZONING DISTRICT. APPLICATION
OF MR. TIM THOMASON, ON BEHALF OF BAJA FRESH
MEXICAN GRILL. FILE NO. PLN2001-78.
After notification and public hearing, as specified by law, and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the Planning Commission did find as follows
with respect to application PLN2001-78:
1. The proposed outdoor eating area is consistent with the Commercial land use designation of
the General Plan and the C-2-S (General Commercial) Zoning District with approval of a
Conditional Use Permit.
2. The project site consists of a 21,909 square foot lot, developed with a 2,833 square feet of
building area, 2,935 square feet of landscaping, and 16,14-1 square feet of paving.
3. The proposed 34 parking spaces will adequately address the parking needs of the subject site
and proposed use.
4. The proposed outdoor eating area is well designed and is architecturally compatible with the
existing building.
The surrounding uses consist of a restaurant to the north, a bank to the south, single-family
residences to the east, and a shopping center to the west. The proposed outdoor eating area is
compatible with the surrounding development and uses.
6. Business hours shall be restricted to 7 a.m. to 11 p.m. daily.
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
The proposed project is consistent with the General Plan and Zoning Ordinance.
The establishment, maintenance, or operation of the use will not be detrimental to the public
health, safety, peace, morals, comfort or general welfare of persons residing or working in
the neighborhood of such proposed use, or be detrimental or injurious to property and
improvements in the neighborhood or to the general welfare of the City.
Planning Commission Resoi on No. 3411
PLN2001-78 - 1976 S. Bascom Avenue - Use Permit for Outdoor Seating (22 Seats)
Page 2
3. The proposed outdoor eating area. is compatible with the uses in the area.
The subject site is adequate in size and shape to accommodate the yards, walls, fences,
parking and loading facilities, landscaping, and other development features required in order
to integrate said use with uses in the surrounding area.
5. The subject site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic such use would generate.
6. The establishment will not significantly disturb the peace and enjoyment of the nearby
neighborhood.
7. There is a reasonable relationship and a rough proportionality between the Conditions of
Approval and the impacts of the project.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional
Use Permit (PLN2001-78) to allow the establishment of an outdoor seating area accommodating
22 seats in conjunction with an existing restaurant (Baja Fresh Mexican Grill) on property owned
by Mr. Alvin Penhall at 1976 S. Bascorn Avenue, subject to the following conditions:
Where approval by the Director of Community Development, City Engineer, Public Works
Director, City Attorney or Fire Department is required, that review shall be for compliance with
all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and
regulations and accepted engineering practices for the item under review. 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:
Approved Project: Approval is granted for a Conditional Use Permit (PLN2001-78) to allow
an outdoor eating area accommodating 22 seats in conjunction with an existing restaurant on
property located at 1976 South Bascom Avenue. Project approval shall substantially comply
with project plans dated February 12, 2002, except as may be modified by the Conditions of
Approval herein.
Conditional Use Permit Approval Expiration: The Conditional Use Permit approval shall be
valid for one year from the date of final approval. Within this one-year period the use must
be established on the property. Failure to meet this deadline will result in the Conditional
Use Permit being void.
Planning Commission Reso..on No. 3411
PLN2001-78 - 1976 S. Bascom Avenue - Use Permit for Outdoor Seating (22 Seats)
Page 3
Building Elevations, Details, and Colors: The applicant shall submit elevations of the screen
wall depicting architectural details and exterior materials and colors to the Planning Division
for review and approval by the Community Development Director prior to the issuance of a
building permit. The wall shall be constructed of padre brick and shall be painted to match
the building.
Landscape and Irrigation Plans: The applicant shall submit four (4) sets of landscape and
irrigation plans to the Planning Division for review and approval by the Community
Development Director prior to the issuance of a building permit. Landscape and irrigation
plans shall be consistent with the City's Water Efficient Landscaping Standards (WELS.)
5. Landscape Maintenance: The owner/operator of the property shall provide on-going
maintenance of the required landscaping for the project.
Screen Wall Maintenance: The owner/operator of the property shall provide on-going
maintenance of the screen wall and shall replace the tempered glass portion of the wall as
needed if it is defaced or damaged.
7. Operational Hours: The operational hours shall be limited to 7 a.m. to 11 p.m. daily, unless a
Conditional Use Permit is obtained from the Planning Commission for late night operations.
o
Sign Permit: No signage is permitted as part of the development application approved herein.
New signage shall not be installed prior to approval of a sign permit as required by Chapter
21.53 of the Campbell Municipal Code.
o
Parking, Driveways. and Maintenance: All parking and driveway areas shall be developed in
compliance with the approved plans and Chapter 21.50 (Parking and Loading) of the
Campbell Municipal Code, subject to review by the Community Development Director. All
parking areas shall be regularly swept and cleaned to remove litter and debris from the
parking areas and driveways.
10. Parking Stall Markinzs: The applicant shall indicate on the building plans that all compact
parking stalls are painted to identify them as compact spaces prior to the issuance of a
building permit.
I1. On-Site Lio, hting: Any proposed on-site lighting shall be shielded away from adjacent
properties and directed on site. The design and type of lighting fixtures and lighting intensity
of any exterior lighting shall be reviewed and approved by the Community Development
Director, prior to issuance of a building permit. Lighting fixtures shall be of a decorative
design to be compatible with the development and shall incorporate energy saving features.
Planning Commission Reso. on No. 3411
PLN2001-78 - 1976 S. Bascom Avenue - Use Permit for Outdoor Seating (22 Seats)
Page 4
Building Division:
12. Permits Required: A building permit application shall be required for the proposed addition
to the existing structure. The building permit shall include Electrical/Plumbing/Mechanical
fees when such work is part of the permit.
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. × 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 lines 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. Site parking and path of travel to public sidewalks shall be detailed.
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 lighting of the new area.
18. Special Inspections: When a special inspection is required by U.B.C. Section 1701, the
architect or engineer of record shall prepare an inspection program that shall be submitted to
the Building Official for approval prior to issuance of the building permits, in accordance
with U.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from
the Building Inspection Division Counter.
19. Pollution Prevention: The City of Campbell, standard Santa Clara Valley Non-point Source
Pollution Control Program specification sheet shall be part of plan submittal. The
specification sheet (size 24 in. X 36 in.) is available at the Building Division service counter.
20. 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.
21. 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.
Planning Commission Resol .~n No. 3411
PLN2001-78 - 1976 S. Bascom Avenue - Use Permit for Outdoor Seating (22 Seats)
Page 5
22. 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 Department of Environmental Health
PUBLIC WORKS DEPARTMENT
23. Street Improvements: Prior to the issuance of any grading or building permits for the site, the
applicant shall execute a street improvement agreement and shall cause plans for public street
improvements to be prepared by a registered civil engineer, pay various fees and deposits,
post security, and provide insurance necessary to obtain an encroachment permit for
construction of the standard public street improvements, as required by the City Engineer.
The fee for a non-utility encroachment permit application is currently $225. The plans shall
include the following:
Bascom Avenue
a. Removal of the non-ADA compliant driveway approach and related improvements;
b. Installation of a new standard ADA compliant driveway approach and related
improvements;
c. Construction of conforms to existing public and private improvements, as necessary.
PASSED AND ADOPTED this 26th day of February, 2002, by the following roll call vote:
A YES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Alderete, Doorley, Francois, Gibbons and Hernandez
None
Jones and Leonard
None
APPROVED:
Tom Francois, Chair
ATTEST:
Sharon Fierro, Secretary
CAMPBELL
PLN2001-78
Thomason, T.
ITEM NO. 2
STAFF REPORT - PLANNING COMMISSION MEETING OF
FEBRUARY 26, 2002
Public Hearing to consider the application of Mr. Tim Thomason, on behalf
of Baja Fresh Mexican Grill, for approval of a Conditional Use Permit
(PLN2001-78) to allow establishment of an outdoor eating area
accommodating 22 seats in conjunction with an existing restaurant on
property located at 1976 South Bascom Avenue in the C-2-S (General
Commercial) Zoning District.
STAFF RECOMMENDATION
That the Planning Commission take the following action:
Adopt a Resolution, incorporating the attached findings, approving a Conditional Use
Permit (PLN2001-78) to allow the establishment of an outdoor eating area, subject to the
attached Conditions of Approval.
ENVIRONMENTAL DETERMINATION
This project is categorically exempt under Section 15303, Class 3 (e) of the California
Environmental Quality Act (CEQA), pertaining to the construction of an accessory structure;
therefore, no environmental action is required.
PROJECT DATA
Net Lot Area:
21,909 square feet (.50 acres)
Site Utilization:
Building Coverage:
Landscaping Coverage:
Paving Coverage:
2,833 square feet
2,935 square feet
16,141 square feet
(12.9%)
(13.3%)
(73.6.%)
Floor Area Ratio:
12.9%
Seating Capacity:
84 (indoor) + 22 (outdoor) = 106 total seats
Parking:
Required:
Provided:
Restaurant @ 1:3 seats = 36 spaces
34 spaces (20 standard, 12 compact, 2 handicapped)
Operational Hours: 11:00 a.m. to 9:00 p.m. daily
Staff Report - Planning Commission Meeting of February 26, 2002
PLN2001-78 -- 1976 South Bascom Avenue
Surrounding Uses:
North: Restaurant
South: Bank
East: Single-Family Residences
West: PruneYard Shopping Center
DISCUSSION
Background: The subject property is currently developed with a single-story commercial
building constructed in 1975 under a Site and Architectural Review Permit (S 75-13.) The
building was formerly occupied by Carl's Jr. and is currently occupied by Baja Fresh Mexican
Grill.
The outdoor eating area was installed without the required Conditional Use Permit and staff has
issued a Notice of Violation.
The project site is located at the southeast corner South Bascom Avenue and Fewtrell Drive.
The project site is surrounded by Taco Bravo to the north, California Savings and Loan to the
south, single-family residential uses to the east, and the PruneYard Shopping Center to the west.
Applicant's Proposal: The applicant is requesting approval of a Conditional Use Permit to allow
the establishment of an outdoor eating area in conjunction with the existing Baja Fresh Mexican
Grill restaurant. The proposed outdoor eating area would be located in a 450 square foot patio
area and would accommodate 22 seats.
ANALYSIS
General Plan Designation: The General Plan land use designation for the project site is General
Commercial. The existing restaurant and proposed outdoor eating area is consistent with this
land use designation. Therefore, the proposed project is consistent with the General Plan.
Zoning Designation: The zoning designation for the project site is C-2-S (General Commercial.)
The C-2-S Zoning District allows for the establishment of outdoor eating areas in conjunction
with a restaurant with approval of a Conditional Use Permit. The proposed project will be
consistent with the Zoning Ordinance with approval of a Conditional Use Permit.
Outdoor Eating Area: The proposed outdoor eating area would be located in a 450 square foot
patio area and will accommodate 22 seats. A masonry and glass low screen wall is proposed to
surround the patio area to provide some noise and wind protection to outside diners. The
applicant is proposing fixed stainless steel outdoor heaters and non-fixed plastic tables and chairs
within the outdoor eating area so that they may be easily taken inside at the end of each day to
prevent vandalism or theft.
The proposed materials of the new screen wall consist of a masonry base, painted to match the
building, and tempered glass on top to provide some visibility into the eating area.
Landscaping: A minimum of ten percent of the net site area is required to be landscaped per the
Campbell Landscaping and Landscaping Maintenance Ordinance. The proposed project will
Staff Report - Planning Commission Meeting of February 26, 2002
PLN2001-78 -- 1976 South Bascom Avenue
provide thirteen percent landscaping coverage of the net site area, including a new continuous
landscape strip along Bascom Avenue in front of the proposed screen wall. The existing
landscape planters will remain and will be re-planted as part of this project. Condition of
Approval #4 requires the submittal of a landscape and irhgation plan for review and approval by
the Community Development Director.
Parking: Pursuant to the Campbell Parking and Loading Ordinance, one space is required for
each three seats for a restaurant use. There are currently 84 indoor seats and the applicant is
proposing to add 22 outdoor seats for a total of 106 seats. This proposed seating capacity yields
a parking requirement of 36 spaces. The current parking configuration provides 31 parking
spaces. In an effort to provide more parking spaces, the applicant has proposed to re-stripe the
parking lot which results in the addition of three parking spaces for a total of 34 parking spaces.
Pursuant to Section 21.50.030 of the Parking and Loading Ordinance, the Planning Commission
may adjust the required number of parking spaces for a specific use where bicycle or motorcycle
facilities are provided. The applicant is requesting that the Planning Commission approve 34
parking spaces provided that a new bicycle rack is installed on site. The site plan proposes a new
bicycle rack near the western entrance of the building.
Staff is supportive of the reduced number of parking spaces because the outdoor eating area is
not anticipated to increase the current parking demand for the restaurant and new bicycle parking
is being provided to serve the site.
Site and Architectural Review Committee: The Site and Architectural Review Committee
reviewed this application at its meeting of February 12, 2002. The Committee was supportive of
the project as proposed with a recommended Condition of Approval that the applicant replace the
tempered glass portion of the screen wall as needed if it is defaced or damaged. Staff has added
a Condition of Approval to address this request (see Condition of Approval #6.)
Attachments:
1. Findings for Approval of File No. PLN2001-78
2. Conditions of Approval for File No. PLN2001-78
3. Letter of Description from Mr. Lee Peacock
4. Exhibits
5. Location Map
Prepared by:
Approved by:
Stephanie Willsey, Planner I
~eo~ff I.~r~dley, Senio~'lannt
Attachment #1
FINDINGS RECOMMENDING APPROVAL OF FILE NO. PLN2001-78
SITE ADDRESS:
APPLICANT:
P.C. MEETING:
1976 South Bascom Avenue
Tim Thomason on behalf of Baja Fresh Mexican Grill
February 26, 2002
The Planning Commission finds as follows with regard to project number PLN2001-78:
The proposed outdoor eating area is consistent with the Commercial land use designation of
the General Plan and the C-2-S (General Commercial) Zoning District with approval of a
Conditional Use Permit.
2. The project site consists of a 21,909 square foot lot, developed with a 2,833 square feet of
building area, 2,935 square feet of landscaping, and 16,141 square feet of paving.
3. The proposed 34 parking spaces will adequately address the parking needs of the subject site
and proposed use.
4. The proposed outdoor eating area is well designed and is architecturally compatible with the
existing building.
o
The surrounding uses consist of a restaurant to the north, a bank to the south, single-family
residences to the east, and a shopping center to the west. The proposed outdoor eating area is
compatible with the surrounding development and uses.
6. Business hours shall be restricted to 7 a.m. to 11 p.m. daily.
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
The proposed project is consistent with the General Plan and Zoning Ordinance.
The establishment, maintenance, or operation of the use will not be detrimental to the public
health, safety, peace, morals, comfort or general welfare of persons residing or working in
the neighborhood of such proposed use, or be detrimental or injurious to property and
improvements in the neighborhood or to the general welfare of the City.
3. The proposed outdoor eating area is compatible with the uses in the area.
The subject site is adequate in size and shape to accommodate the yards, walls, fences,
parking and loading facilities, landscaping, and other development features required in order
to integrate said use with uses in the surrounding area.
5. The subject site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic such use would generate.
Staff Report - Planning Commission Meeting of February 26, 2002
PLN2001-78 -- 1976 South Bascom Avenue
Attachment #1
Page 2 of 2
6. The establishment will not significantly disturb the peace and enjoyment of the nearby
neighborhood.
7. There is a reasonable relationship and a rough proportionality between the Conditions of
Approval and the impacts of the project.
Attachment 4/2
CONDITIONS OF APPROVAL FOR FILE NO. PLN2001-78
SITE ADDRESS:
APPLICANT:
P.C. MEETING:
1976 South Bascom Avenue
Tim Thomason on behalf of Baja Fresh Mexican Grill
February 26, 2002
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. Where approval by the Community Development Director, City Engineer, Public
Works Director, City Attorney, or Fire Department is required, that review shall be for
compliance with all applicable Conditions of Approval, adopted policies and guidelines,
ordinances, laws and regulations, and accepted engineering practices for the item under review.
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:
Approved Project: Approval is granted for a Conditional Use Permit (PLN2001-78) to allow
an outdoor eating area accommodating 22 seats in conjunction with an existing restaurant on
property located at 1976 South Bascom Avenue. Project approval shall substantially comply
with project plans dated February 12, 2002, except as may be modified by the Conditions of
Approval herein.
Conditional Use Permit Approval Expiration: The Conditional Use Permit approval shall be
valid for one year from the date of final approval. Within this one-year period the use must
be established on the property. Failure to meet this deadline will result in the Conditional
Use Permit being void.
Building Elevations, Details, and Colors: The applicant shall submit elevations of the screen
wall depicting architectural details and exterior materials and colors to the Planning Division
for review and approval by the Community Development Director prior to the issuance of a
building permit. The wall shall be constructed of padre brick and shall be painted to match
the building.
Landscape and Imgation Plans: The applicant shall submit four (4) sets of landscape and
irrigation plans to the Planning Division for review and approval by the Community
Development Director prior to the issuance of a building permit. Landscape and irrigation
plans shall be consistent with the City's Water Efficient Landscaping Standards (WELS.)
5. Landscape Maintenance: The owner/operator o{ the property shall provide on-going
maintenance of the required landscaping for the project.
Conditions of Approval for l~de No. PLN2001-78
1976 South Bascom Avenue
Attachment #2
Page 2 of 3
o
Screen Wall Maintenance: The owner/operator of the property shall provide on-going
maintenance of the screen wall and shall replace the tempered glass portion of the wall as
needed if it is defaced or damaged.
7. Operational Hours: The operational hours shall be limited to 7 a.m. to 11 p.m. daily, unless a
Conditional Use Permit is obtained from the Planning Commission for late night operations.
o
Sign Permit: No signage is permitted as part of the development application approved herein.
New signage shall not be installed prior to approval of a sign permit as required by Chapter
21.53 of the Campbell Municipal Code.
Parking, Driveways, and Maintenance: All parking and driveway areas shall be developed in
compliance with the approved plans and Chapter 21.50 (Parking and Loading) of the
Campbell Municipal Code, subject to review by the Community Development Director. All
parking areas shall be regularly swept and cleaned to remove litter and debris from the
parking areas and driveways.
10. Parking Stall Markings: The applicant shall indicate on the building plans that all compact
parking stalls are painted to identify them as compact spaces prior to the issuance of a
building permit.
11. On-Site Lighting: Any proposed on-site lighting shall be shielded away from adjacent
properties and directed on site. The design and type of lighting fixtures and lighting intensity
of any exterior lighting shall be reviewed and approved by the Community Development
Director, prior to issuance of a building permit. Lighting fixtures shall be of a decorative
design to be compatible with the development and shall incorporate energy saving features.
Building Division:
12. Permits Required: A building permit application shall be required for the proposed addition
to the existing structure. The building permit shall include Electrical/Plumbing/Mechanical
fees when such work is part of the permit.
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.
× 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 lines and proposed structures with dimensions and elevations as appropriate. Site
Conditions of Approval for ~te No. PLN2001-78
1976 South Bascom Avenue
Attachment #2
Page 3 of 3
plan shall also include site drainage details. Site address and parcel numbers shall also be
clearly called out. Site parking and path of travel to public sidewalks shall be detailed.
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 lighting of the new area.
18. Special Inspections: When a special inspection is required by U.B.C. Section 1701, the architect or
engineer of record shall prepare an inspection program that shall be submitted to the Building
Official for approval prior to issuance of the building permits, in accordance with U.B.C Section
106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection
Division Counter.
19. Pollution Prevention: The City of Campbell, standard Santa Clara Valley Non-point Source
Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet
(size 24 in. X 36 in.) is available at the Building Division service counter.
20. 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.
21. 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.
22. 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 Department of Environmental Health
PUBLIC WORKS DEPARTMENT
23. Street Improvements: Prior to the issuance of any grading or building permits for the site, the
applicant shall execute a street improvement agreement and shall cause plans for public street
improvements to be prepared by a registered civil engineer, pay various fees and deposits,
post security, and provide insurance necessary to obtain an encroachment permit for
construction of the standard public street improvements, as required by the City Engineer.
The fee for a non-utility encroachment permit application is currently $225. The plans shall
include the following:
Bascom Avenue
a. Removal of the non-ADA compliant driveway approach and related improvements;
b. Installation of a new standard ADA compliant driveway approach and related
improvements;
c. Construction of conforms to existing public and private improvements, as necessary.
December 5, 2001
Tim J. Haley
City of Campbell
Community Development Department
70 N. First Street
Campbell, CA 95008
Re:
Baja Fresh Mexican Grill
Outdoor seating patio
Dear Tim,
Please consider this letter as a "Written Narrative" addressing the overall design
feel and functional intention per your request. I have attempted to address the
issues of concern per your letter dated 11/29/01. Our intent in the construction of
an outdoor seating environment is to provide a semi-secured area that has street
appeal for pedestrians and motorists that will be an asset to the City of Campbell.
As a Company, Baja Fresh has established an "open feel" both for our interior
and exterior seating areas. This look is a significant part of our established
Trade Dress. Our attempt in the design of the patio for this store is to maintain
this look and also to provide some protection from noise and wind, via masonry
and clear glass. We have considered your request for a glass border or cap, but
believe that, from the street, the borderless look presents more of this open feel
and is much less obstructive or noticeable. It is our understanding that this
perspective is what the City of Campbell desires for this corridor.
The other items of concern are as follows:
1. Patio trash receptacles (See photo) total of 2 in defined area.
Color is
natural green as shown.
2. Patio speakers total of 2. For announcing orders and playing of music.
Music styles vary from light jazz to Spanish styles. Volume levels
appropriate for Patrons in the immediate seating area only.
3. Plants, trees and general landscaping: Mid height plants will be provided
to significantly soften the masonry and glass screen wall, from the street
side. Lower level or ground plants, that are seasonal and floral, will vary
depending upon availability. The specific mid-height plant material has
not yet been determined but our Landscaper of choice has suggested
boxwood and/or escallonia. Our other concerns in this consideration are
maintenance, longevity and hardiness.
4. Umbrellas are 9' in diameter with decorative base (non-fixed, see photo).
Fresh Enterprises, Inc.
225 W. Hillcrest Drive · Suite 351 · Thousand Oaks, CA 91360 · Phone 805.495.4704 · Fax 805.495.4755 · www. bajafresh.com
Mr. Tim Haley
December 3, 2001
Page Two
5. Outdoor heaters are built-in and stainless steel, natural gas. (See cut
sheet) The built in model is much less obstructive due to its slim profile,
because it does not have a portable tank.
6. Seating and tables are non-fixed white and green. With the masonry wall
as a screen, we do not think it necessary to upgrade to metal or
permanent type. The plastic has the advantage of being taken inside after
hours due to possible vandalism or theft. It is also easier to keep clean.
We greatly appreciate your patience in this approval process and are confident,
when completed, that this outdoor seating area will meet all expectations from
the City of Campbell and Baja Fresh Patrons alike. Thank you in advance for
your response and input.
Sincer~
Lee Peacock
Project Manager
CITY OF CAMPBELL
Community Development Department - Current Planning
February l5,2002
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, February 26, 2002, in the City Hall Council
Chambers, 70 North First Street, Campbell, California, for a Public Hearing to consider the
application of Mr. Lee Peacock, on behalf of Baja Fresh Mexican Grill, for consideration of a
Conditional Use Permit (PLN2001-78) to allow the establishment of an outdoor seating area
accommodating 22 seats in conjunction with an existing restaurant on property located at 1976 S.
Bascom Avenue in a C-2-S (General Commercial) Zoning District. This project is Categorically
Exempt.
Interested persons may appear and be heard at this hearing. Please be advised that if you
challenge the nature of the above project in court, you may be limited to raising only those issues
you or someone else raised at the Public 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. PLN2001-78
Address: 1976 S. Bascom Avenue
70 North First Street · Campbell, California 95008-1436 - TEL 408.866.2140 · VAX 408.866.8381 · TDD 408.866.2790
o~ .c?~
CITY OF CAMPBELL
Community De~,elopment Department - Current Planning
February 5, 2002
Re: PLN2001-78 - 1976 S. Bascom Avenue - Baja Fresh Restaurant -- Outdoor Seating
Dear Applicant:
Please be advised that the above-referenced application has been scheduled for the following
meetings:
Site and Architectural Review Committee Meeting
Date: Tuesday, Februao' 12, 2002
Time: 6:45 p.m.
Location: Planning Conference Room, City Hall, 70 N. First Street, Campbell
Planning Commission Meeting
Date: Tuesday, February. 26, 2002
Time: 7:30 p.m.
Location: City Hall Council Chambers, 70 N. First Street, Campbell
Should you have any questions or comments, please do not hesitate to contact me at (408) 866-
2140.
Sincerely,
Stephanie Willsey
Planner I
CC:
Baja Fresh Mexican Restaurant (Applicant)
225 W. Hiltcrest Drive
Thousand Oaks, CA 91360
Alvin Penhall (Property Owner)
236 Via Eboli
Newport Beach, CA 92663
North First Street - Campbell California 9500S-i436 · rl:t. 408866.2140 · F-\X 408.866.8381 · TI)I) 408.866.2790
CITY OF CAMPBELL
Community Development Department - Current Planning
August 28, 2001
Mr. Lee Peacock
Baja Fresh
225 W. Hillcrest Drive-STE 351
Thousand Oaks, CA 91360
Re:
Campbell Municipal Code Violation
1976 S. Bascom Ave.
APN: 288-09-089
Please be advised that the City of Campbell is contacting you in regards to a violation to the municipal code at
1976 S. Bascom Avenue. A site inspection has revealed that an outdoor seating facility has been installed without
the benefit of the required use permit. The subject site is located within the C-2 (General Commercial) Zoning
District which permits outdoor business activities, such as outdoor seating areas in conjunction with a restaurant,
only after the issuance of a use permit. This letter is to request your effort to remove the outdoor seating until the
appropriate permit has been obtained. No permits for the subject site will be issued until such time as the violation
is resolved.
Description of Violation:
1. Establishment of outdoor seating without a use permit.
Code Section Violated:
1. Campbell Municipal Code (CMC) Section 21.24.030 Uses Permitted with Use Permit
Please remove the outdoor seating facility by Tuesday September 11, 2001. Failure to do so will result in
additional enforcement that may include fines, issuance of a citation, notice to appear, and/or a recorded notice of
non-compliance, which may be placed on the title of the above-referenced property.
Thank you in advance for your cooperation in resolving this matter. If you should have any questions, please
contact me at (408) 866-2143.
Sincerely,
Stephanie Willsey
Planner I
CC:
Geoff Bradley, Senior Planner
Ben Mendoza, Code Enforcement Officer
AMn Penhall, 236 Via Eboli, Newport Beach, CA 92663
Alan Ford, 1290 Waterfall Way, Concord, CA 94521
70 North First Street · Campbell, California 95008-1436 · TEL 408.866.2140 · F.qX 408.866.8381 . TDD 408.866.2790
.of. c 4 af,~
CITY OF CAMPBELL
Community Development Department · Current Planning
June 28, 2001
Mr. Lee Peacock
Baja Fresh
j,x)~ W. Hillcrest Drive.
Thousand Oaks, CA 91360
Re~
Use Permit for Outside Patio in conjunction with an existing restaurant at 1976 $. Bascom Ave.
PLN 2001- 78
Dear Mr. Peacock:
The Planning Division has reviewed your contractor's submittal of a Use Permit application for the
establishment of an outside dining area in conjunction with your restaurant. This application has found to be
substantially incomplete. Below is an outline of items that are still needed to complete this application:
Application needs to be signed by the property owner.
· A project summary needs to be provided.
· A plot plan needs to be submitted.
· Elevations of the outside seating area and the existing building need to be submitted. A typical detail
of the screen wall is not sufficient to determine how the outside seating area will relate to the
building and §ite design. Elevations should show the relationship of the proposed patio area to the
existing restaurant and site.
Provide a scaled Site Plan.
· Parking requirements for restaurants are based on the number of seats for patrons. Please clarify the
number of interior and exterior seats relative to the provided parking.
· Please identify the location for the trash enclosure.
· Show the size and type of walls and/or fencing along the property lines.
· Provide a conceptual landscape plan for the site. Particularly areas around the proposed outside
seating area that would be impacted.
· Show the location and type of landscaping on site.
· Illustrate locations of building on adjacent properties.
· Provide an operation description. Indicate the proposed hours of operation of the restaurant and the
patio area.
· Indicate whether or not beer and wine will be sold on site.
· Provide a project summary
· Submit an application fee of $1,760.00
· Provide photos of the site and surrounding properties.
· Provide a preliminary title report.
· Provide a contribution disclosure form.
70 North First Street . Campbell, California 95008.1423 . TEL 408.866.2140 · Fax 408.866.8381 · TDD 408.866.2790
PLN2001-78 1976 S. Bascorn Av, .. Paoe 2 ,~r~
· Provide a Hazardous Waste and Substance Sites Disclosure Form.
· Provide 7 full size sets of plans and 10 reduced plans.
The Planning Division is not supportive Of the current proposal for the following reasons:
1. The outside seating area should be setback a minimum of 7 feet from the back of sidewalk to
accommodate future sidewalk improvements that are described in the enclosed Streetscape
Standards,
2. The materials and design of the screen walls should incorporate elements of the building
design,
3. The placement of a stucco wall directly behind the sidewalk is stark and unattractive,
4. The size and placement of the outside seating area eliminates the landscape area that buffers
this project from the street and
5. The height and placement of the wall creates a sight visibility problem of pedesthans from
the project driveway.
Until we receive the revised plans and the items identified above, we will consider this application
incomplete. Please feel free to phone me at (408) 866-2144, if you have any questions.
Sincerely,
Tim Haley
Associate Planner
cc;
Geoff Bradley, Senior Planner
Timothy Pleger, Architect, 15425 North GreenwayoHayden Loop, Scottsdale, Arizona 85260
J:\Completeness Letters\PLN 2001-78 - 1976 S. Bascom.doc