Modification to Site - 2001S PROPERTIES, LLC
17620 FAIRWAY CIRCLE
MONTE SERENO, CA 95030
408-314-6666
March 20, 2003
City of Campbell
Planning Department
Campbell, CA 95008
Re: 368 East Campbell Avenue
To Whom It May Concern:
Due to the color-coated stucco and the numerous cracks on the above referenced
building we feel it necessary to repair all cracking and therefore repaint. In repairing the
cracks it is very difficult to match the color of the color-coated stucco. We also have had
some tagging to the building and feel that we would have a difficult time maintaining the
integrity of the stucco as well as expense to re-stucco entire walls. Our plan is to repaint
the building in elastomeric paint, matching the existing color as close as possible, and
then put on a layer of sacrificial graffiti coating which will help in the removal of any
future"tagging", t~.1..~o A.l.,t. ~,-'P~,'~ I,~fO-cclZ. 7-o i,~cO~,O~wJi~ I,~~.,c
We have included a color chip of the paint, along with a piece of the existing building
stucco color and a specification on the clear graffiti coating for your approval.
Sincerely yours,
Cheryl Schrader
City of Campbell
PLANNING DIVISION CLEARANCE
Plan Cheek
MEMORANDUM
To: Geoff Bradley
~xenior Planner
~(l~emsley
From: EfeI~uty City Clerk
Date: ~ept~mber 24, 2002
\/
Subject: R~orded documents
CITy OF CA,"~fpB
"-~ ucPT.
The following recorded document has been returned by the County Recorder's Office:
Original
1. Declaration of Easements, Covenants, Conditions and Restrictions - 368 E.
Campbell Avenue - Jeffery L. and Gaylene A. Wyatt
A copy of the above document is attached for your records. The original document has
been filed in the vault.
Attachment:
t
1'0 BE RECORDED W~TL~OU'~ '"~
~ECTION 6103 C~3VERYt tJ Ei'.T , ..)DE
AT TH~ RIE~UEST O,F crt/o~
Recording Requested By:
City of Campbell
When Recorded Mail To:
City Clerk
City of Campbell
70 N. First Street
Campbell, CA. 95008
For the Benefit of:
City of Campbell
Recorded Free
Gov. Code Sec. 27383
DOCUMENT: 16~,, 6535
~0016576555~
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
Titles:2 / Pages: 7
Fees .... * No Fees
Taxes...
Cop~es,.
AMT PAID
RDE # 809
7/22/2002
10:46 AH
(Space above this line for Recorder's Use)
DECLARATION OF EASEMENTS, COVENANTS, CONDITIONS AND
RESTRICTIONS
This Declaration is executed and delivered as of the ld_[~'day of July, 2002, by Jeffery L.
Wyatt and Gaylene A. Wyatt, having an address at 14630 Horseshoe Drive, Saratoga, CA 95070
(who is hereinafter referred to as "Owner"), in favor of and for the benefit of the City of
Campbell, having a business address of 70 North First Street, Campbell, California 95008
(hereinafter referred to as "City").
WITNESSETH:
WHEREAS, Owner is the sole owner in fee of certain real property commonly known as
368 E. Campbell Avenue, Campbell, California (Santa Clara County Assessor's Parcel Number
412-05-002), and more particularly described in Exhibit A attached hereto and made a part
hereof (hereinafter referred to as the "Subject Property");
WHEREAS, on March 5, 2002, the City Council of the City adopted Resolution No.
9986 approving a Modification to a Site and Architectural Review Permit.
WHEREAS; Conditions of Approval No. 3 of the Modification to the Site and
Architectural Review Permit provide:
Easement: The applicant shall record a minimum twenty-foot wide ingress/egress
easement through the parking area to facilitate public access to the alleyway east of the
project site, within 30 days of City Council approval for the proposed modification. The
form and content of the easement shall be reviewed and approved by the City Attorney
and Community Development Director prior to recordation. Install drive aisle access,
subject to the review and approval of the Community Development Director, within the
easement area within 30 days of City Council approval.
NOW, THEREFORE, in consideration of the benefits bestowed on the Subject Property
by the Modification to the Site and Architectural Review Permit, Owner hereby declares,
covenants, and agrees as follows:
Owner hereby grants to City a twenty-foot wide ingress/egress easement through the
parking area of the Subject Property to facilitate public access to the alleyway east of the
Subject Property, as is more particularly described in Exhibit B, and made apart hereof.
2. The Easement shall be maintained at the sole expense of the Owner in a good, safe and
passable condition at all times.
Owner agrees to indemnify, defend, and hold City, City of Campbell Redevelopment
Agency, and their agents, officers, attorneys, employees, officials and volunteers
harmless from any and all claims, causes of action, injuries, losses, liabilities, cost
(including reasonable defense costs and attorneys' fees) or damages arising out of or
related .to, or alleged to arise out of or relate to the performance of this declaration or any
acts or omissions of Owner, its agents, officers, employees, or anyone rendering services
on their behalf, except for any claims, causes of action, injuries, losses, liabilities or
damages proximately caused by the sole negligence or willful misconduct of City. This
provision shall survive the termination of this Agreement.
4. Owner shall maintain insurance conforming to the following specifications:
a. Minimum Scope of Insurance. Coverage shall be at least as broad as: Insurance
Services Office (ISO) CGL form CG 00 01 11 85; and
bo
Minimum Limits of Insurance. Owner shall maintain limits no less than: General
Liability: $1,000,000 combined single limit per occurrence for bodily, personal
injury and property damage. If Commercial General Liability Insurance or other
form with a general aggregate limit is used, either the general aggregate limit shall
apply separately to this project/location or the general aggregate limit shall be
twice the required occurrence limit.
Co
Deductible and Self-Insured Retention. Any deductibles or self-insured retention
must be declared to and approved by the City. At the option of the City, either:
the insurer shall reduce or eliminate such deductibles or self-insured retention as
respects the City, the City of Campbell Redevelopment Agency, its agents,
officers, attorneys, employees, officials and volunteers; or the Owner shall
procure a bond guaranteeing payment of losses related to investigations, claim
administration, and defense expenses.
d. Other Insurance Provisions. The policies are to contain, or be endorsed to contain,
the following provisions:
(1)
The City, City of Campbell Redevelopment Agency, its agents,
officers, attorneys, employees, officials and volunteers are to be
covered as additional insureds as respects: liability arising out of
activities related to this Declaration performed by or on behalf of the
2
Owner, products and completed operations of the Owner, and
premises owned, occupied or used by the Owner.
(2)
The Owner's insurance coverage shall be primary insurance as
respects the City, City of Campbell Redevelopment Agency, its
agents, officers, attorneys, employees, officials and volunteers. Any
insurance or self-insurance maintained by the City, City of Campbell
Redevelopment Agency, its agents, officers, attorneys, employees,
officials and volunteers shall be excess of the Owners insurance and
shall not contribute with it.
(3)
Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the City, City of Campbell
Redevelopment Agency, its agents, officers, attorneys, employees,
officials, and volunteers.
(4)
The Owners' insurance shall apply separately to each insured against
whom claim is made or suit is brought except with respect to the
limits of the insurer's liability.
(5)
Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, canceled by either
party, reduced in coverage or in limits except after thirty (30) days
prior written notice by certified mail, return receipt requested, has
been given to the City.
(6)
Acceptability of Insurers. Without limiting Owner's indemnification
provided hereunder, Owner shall take out and maintain at all times,
the policies of insurm~ce required by this Declaration. Insurance is to
be issued by an issuer with a current A.M. Best Rating of A:VII and
be authorized to transact business in the State of California, unless
otherwise approved by the City.
(7)
Verification of Coverage. Owner shall furnish the City with
certificates of insurance evidencing coverage required by this clause.
The certificates for each insurance policy are to be signed by a person
authorized by that insurer to bind coverage on its behalf. The
certificates are to be on forms provided by the City. All certificates
are to be received and approved by the City before work commences.
o
The terms, covenants, conditions and restrictions set forth herein are for the mutual
benefit of the City and its real property known as Central Avenue and the Subject
Property. The covenants contained in this declaration shall be binding upon Owner and
inure to the benefit of City and their respective successors and assigns;
10. The covenants granted, reserved or otherwise set forth herein shall be appurtenant to and
run with the land, and shall in all respects constitute covenants running with the land
pursuant to applicable California law, enforceable by the City at law and in equity;
11. This Declaration shall be recorded in the Santa Clara County Office of the Recorder prior
to the issuance of any building permits for work authorized by the Modification to the
Site and Architectural Review Permit per Resolution No. 9986.
IN WITNESS THEREOF, Owner has executed this Declaration as of the first date set
forth above.
OWNERS
Notarized Signature Required
EXHIBIT a
All that certain real property in the City of Campbell, County of Santa Clara, State of
California, described as follows:
Being a portion of that certain parcel of land described as "PARCEL FIVE" in that certain
grant deed to Jeffrey L. Wyatt and Gaylene A. Wyatt, which was recorded as Document:
14833909 on May 27, 1999, in Santa Clare County Official Records, and being more
particularly described as follows:
Beginning at a point on the easterly boundary of said Lands of Wyatt, said point being
North 0°22'15" West, from the most southeasterly corner of said parcel of land;
Thence, North 85°59'16" West, 71.41 feet, to a point on the easterly boundary of that
parcel of land dedicated to the City of Campbell, as shown upon that Grant Deed which
was recorded as Document 15665545 on May 4, 2001 in Santa Clara County Official
Records;
Thence, along the easterly boundary of said dedication, North 1 °01'07" East, 100.37 feet;
Thence, leaving said easterly boundary, South 85°59'16'' East, 70.92 feet, to a point on
the easterly boundary of said Lands of Wyatt;
Thence, along the eastedy boundary of said Lands of Wyatt, South 0°22'15" East, 20.06
feet, to the POINT OF BEGINNING.
Containing an area of 1,423 square feet, more or less.
End of Description.
And as generally shown upon the plat attached hereto and by reference made a part
heretO.
September 9, 2002
CITY oF CAMPBELL
Community Development Department
CAMPBELL
Ken Cook
TICON, Inc.
P.O. Box 110027
Campbell, CA 95031
Re:
Bollard Colors and Flashing Painting
368 East Campbell
Dear Mr. Cook,
The Planning Division has reviewed the issue of painting the approximately twenty bollards
located on the referenced property. It is the Department's recommendation that these
bollards be painted a dark bronze color to match the light fixtures on the building. Bollards
should also be provided with reflective tape banding for evening hour visibility. The
sprinkler riser may also be painted this dark color.
With the elimination of the raised planters along the Campbell Avenue frontage, the
building flashing is much more visible. Consequently, there is a need to paint the flashing
the wall color to present a finished appearance at the sidewalk.
The Planning Division will conduct a final inspection of the project when it is nearing
completion. Striping of the parking spaces, landscaping improvements and completion of the
trash enclosure will be items reviewed by the Planning Division.
Please do not hesitate to contact me at 408 866~2144, if you have any questions regarding
these items.
Since~mt77~,
TimJ. Haley ~
Associate Planner
cc: Russell Gamble, Architect, P.O. Box 482, Los Gatos, CA 95031
70 North First Street · Campbell, California 95008-1436 · TEL 408.866.2140 - FAX 408.871.5140 - TDD 408.866.2790
MEMORANDUM
To:
From:
D ate:
Subject:
Geoff Bradley
S~ Planner~
JaffllLaSdsley
DepUty City Clerk
~¢ 6, 2002
Modification (PLN 2001-141) to previously approved Site and
Architectural Review Permit (S98-17) for property located at 368 E.
Campbell Avenue
At the regular meeting of March 5, 2002, the City Council held a public hearing to
consider the application, on behalf of Mr. Jeff Wyatt, for approval of a Modification
(PLN 2001-141) to a previous approved Site and Architectural Review Permit (S 98-17)
to allow an adjustment in parking and a 535 square foot addition to a previously
approved commercial building on property located at 368 E. Campbell Avenue in the
C-3-S (Central Business District) Zoning District.
After due consideration and discussion, the City Council adopted Resolution No. 9986
approving above mentioned Modification. A certified copy of this Resolution, together
with a copy of the letter to applicant, Mr. Jeff Wyatt, is attached for your records.
March 6, 2002
CITY OF CAMPBELL
City Clerk's Office
Mr. Jeff Wyatt
14630 Horseshoe Drive
Saratoga, CA 95070
Dear Mr. Wyatt:
At the regular meeting of March 5, 2002, the City Council held a public hearing to consider
your application for approval of a Modification (PLN 2001-144) of a previously granted Site
and Architectural Approval (S98-17) to allow an adjustment in parking and the conversion of a
535 square foot patio into a kitchen area for a previously approved two-story commercial
building on property located at 368 E. Campbell Avenue in the C-3-S (Central Business
District) Zoning District.
After hearing public testimony, and City Council consideration and discussion, the City
Council took the following action:
Adopted Resolution 9986 approving a Modification (PLN 2001-144) to a previously approved
Site and Architectural Review Permit (S 98-17) to allow an adjustment in parking and a 535
square foot addition to a previously approved commercial building on property located at 368
E. Campbell Avenue in the C-3-S (Central Business Distric0, incorporating the Findings and
subject to the Conditions of Approval.
A certified copy of Resolution 9986 is enclosed for your records.
Should you have any questions in regard 'to the City Council's action, please do not hesitate to
contact this office (866-2117) or Geoff Bradley, Senior Planner, Community Development
Department.
Sincerely,
Knne Bybee
City Clerk
Enc.
cc. Richard Haro, 843 S. McGlincy Lane, Campbell
Geoff Bradley, Sr. Planner, Comm. Develop. Dept.
70 North First Street · Campbell, California 95008.1425 - T~L 408.866.2117 · FAX 408.374.6889 · TI)I) 408.866.2790
RESOLUTION NO. 9986
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL APPROVING A MODIFICATION (PLN2001-144)
TO A PREVIOUSLY APPROVED SITE AND ARCHITECTURAL
REVIEW PERMIT (S 98-17) TO Al.IOW AN ADJUSTMENT IN
PARKING AND A 535 SQUARE FOOT ADDITION TO A
PREVIOUSLY APPROVED COMMERCIAL BUll .DING ON
PROPERTY LOCATED AT 368 E. CAMPBELL AVENUE IN THE
C-3-S (CENTRAL BUSINESS DISTRICT) ZONING DISTRICT.
APPLICATION OF MR. JEFF WYAT'F. FII.E NO. PLN2001-144.
After notification and public hearing, as specified by law, and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the City Council did find as follows with
respect to application PLN2001-144:
1. The development of the proposed project will result in a use that is consistent with the
General Plan land use of Central Commercial and the C-3-S zoning of this property.
2. The proposed project maintains the building coverage, number of parking spaces and
landscaping percentage as previously approved.
3. The architectural design as conditioned is compatible with the building design and
complements the architectural style of the building.
4. The proposed conversion of the 535 square foot patio/waiting area into kitchen area does not
create a significant increase in parking demand for the proposed restaurant.
5. The provision of 14 parking spaces adequately addresses the parking demand and needs for
the proposed 6,058 square foot building.
6. The project, as conditioned, will provide an ingress/egress easement through the parking lot
at this time thus improving circulation and access in the general vicinity.
The proposed modification to accommodate a restaurant use for kitchen area does not
increase the seating for the proposed restaurant, thus not creating an additional parking
demand.
8. A negative declaration was previously granted for this project and the proposed building
modification does not significantly change the approved project.
Based upon the foregoing findings of fact, the City Council further finds and concludes that:
City Council Resolution
PLN2001-144 - 368 E. Campbell Avenue -- Modification to S 98-17
Parking Adjustment & 535 Square Foot Addition to Previously-Approved Commercial Building
Page 2
The proposed project is consistent with the General Plan and the local zoning ordinance.
The proposed project as conditioned will aid in the harmonious development of the
immediate area.
The establishment, maintenance or operation of the use applied for will not be detrimental to
the 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.
The proposed site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic the proposed use would generate.
The proposed site is adequate in size and shape to accommodate the proposed project and
will integrate well with the existing uses in the surrounding area. The provision of an
easement for ingress/egress to the alleyway east of the project site improves the circulation
and access to neighboring commercial properties.
There is a reasonable relationship and rough proportionality between the Conditions of
Approval and the impacts of the project.
NOW, THEREFORE, BE IT RESOLVED that the City Council approves a Modification
(PLN2001-144) to a previously-approved Site and Architectural Review Permit (S 98-17) to
allow an adjustment in parking and a 535 square foot addition to a previously approved
commercial building on property located at 368 E. Campbell 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:
1. Development Approval Expiration: Approval is granted for a Modification (PLN2001-144)
for a previously approved Site and Architectural Review Permit (S 98-17) to allow the
development of a two-story, 6,058 square foot commercial building on property located at
368 E. Campbell Avenue. The Modification to the previous Site and Architectural Review
Permit is valid for a period of one year from the Planning Commission approval and will
.expire on February 12, 2003, unless the applicant vests the approval prior to that date.
City Council Resolution
PLN2001-144 - 368 E. Campbell Avenue -- Modification to S 98-17
Parking Adjustment & 535 Square Foot Addition to Previously-Approved Commercial Building
Page 3
Previous Conditions: All conditions of approval of the previously approved Site and
Architectural Review Permit (S 98-01) as approved by Resolution No. 3206 shall remain in
effect, except as modified by conditions herein.
o
Easement: The applicant shall record a minimum twenty-foot wide ingress/egress easement
through the parking area to facilitate public access to the alleyway east of the project site,
within 30 days of City Council approval for the proposed modification. The form and content
of the easement shall be reviewed and approved by the City Attorney and Community
Development Director prior to recordation. Install drive aisle access, subject to the review
and approval of the Community Development Director, within the easement area within 30
days of City Council approval.
4. Parking Adjustment: Approval of the proposed modification (PLN 2001-144) is not valid
until City Council approval of a parking adjustment for this project.
o
Revised Elevations: Prior to the issuance of building permits the applicant shall submit
revised elevations for review and approval of the Community Development Director
indicating arched insets on the modified southern wall.
PASSED AND ADOPTED this 5th
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
day of March ,2002, by the following roll call vote:
Dean, Burr, Kennedy, Furtado, Watson
None
None
None
ATTEST:
APPROVED:
Anne Bybee, City Clerk
Jean~te Watson, Mayor
AND COR:-'~CT C5? ?;: ~'HE ORIGIN~
ON FILE ~ ~w.', .: G~.
~EST: A~.~N~ ~-~ J?. CiTY CLERK, CIT~
OF ~MP~EcL, G.<:tFORNI~
Acceptance of Public Right of Way, Public Service Easement and Landscaped Area
and Approval of Street Name - 990 Hazel Avenue (Resolution/Roll Call Vote)
Resolution 9985 accepts the public right of way, public service easement and
landscaped area offered for dedication on a Parcel Map for property located at 990
Hazel Avenue and approves the street name of Wilson Court.
Authorization to Donate Used Patrol Car Video System to the West ValleyfMission
College Police Department
This action authorizes the donation of used patrol car video systems to the West
Valley/Mission College Police Department for their use.
M/S: Furtado/Dean - to approve the Consent Calendar. Motion adopted by the following
roll call vote:
AYES: Councilmembers: Dean, Burr, Kennedy, Furtado, Watson
NOES: Councilmembers: None
ORAL REQL~ESTS
There were no Oral Requests.
PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES
o
Modification (PLN2001-144) to a previously approved Site and Architectural
Review Permit (S98-17) to allow an Adjustment in Parking and a 535 square foot
addition to a previously approved commercial building on property located at 368
E. Campbell Avenue in the C-3-S (Central Business District) Zoning District
(Resolution/Roll Call Vote)
This is the time and place for a public hearing to consider a Modification (PLN2001-
144) to a previously approved Site and Architectural Review Permit (S98-17) to allow
an Adjustment in Parking and a 535 square foot addition to a previously approved
commercial building on property located at 368 E. Campbell Avenue in the C-3-S
(Central Business District) Zoning District.
Senior Planner Bradley - Staff Report dated March 5, 2002.
Mayor Watson declared the public hearing open and asked if anyone in the audience
wished to be heard.
There being no one wishing to speak, Mayor Watson closed the public hearing.
Minutes of March 5, 2002 City Council Meeting 3
M/S: Kennedy/Dean - that the City Council adopt Resolution 9986 approving a
Modification (PLN2001-144) to a previously approved Site and Architectural
Review Permit (S 98-17) to allow an Adjustment to a previously approved
commercial building on property located at 368 E. Campbell Avenue in the C-3-S
(Central Business District) Zoning District, incorporating findings and subject to
Conditions of Approval and amending Condition 3. Easement stating that "the
applicant shall record a minimum twenty-foot wide ingress/egress easement
through the parking area to facilitate public access to the alleyway east of the
project site and install drive aisle access, within 30 days of City Council approval
for the proposed modification. The form and content of the easement shall be
reviewed and approved by the City Attorney and Community Development
Director prior to recordation.' Motion adopted by the following roll call vote:
AYES: Councilmembers: Dean, Burr, Kennedy, Furtado, Watson
NOES: Councilmembers: None
e
Housing and Community Development Block Grant and 20% Redevelopment
Housing Proposals for Fiscal Year 2002-03 (Resolution/Roll Call Vote)
This is the time and place for a public hearing to consider Housing and Community
Development Block Grant and 20% Redevelopment Housing Proposals for Fiscal Year
2002-03.
HCD Coordinator Teeter - Staff Report dated March 5, 2002.
Mayor Watson declared the public hearing open and asked if anyone in the audience
wished to be heard.
There being no one wishing to speak, Mayor Watson closed the public hearing.
M/S: Burr/Kennedy - that the City Council adopt Resolution 9987 authorizing the
submittal of proposals for non-competitive funds from Santa Clara County under
the Federal Housing and Community Development Act and 20% Redevelopment
Housing Funds for Fiscal Year 2002-03. Motion adopted by the following roll call
vote:
AYES: Councilmembers: Dean, Burr, Kennedy, Furtado, Watson
NOES: Councilmembers: None
UNFINISHED BUSINESS
There were no agendized items.
Minutes of March 5, 2002 City Council Meeting 4
Council
Report
ITEM NO:
CATEGORY:
MEETING DATE:
Public Hearing
March 5, 2002
TITLE
Public Hearing to consider the application of Mr. Jeff Wyatt for approval of
a Modification (PLN2001-144) of a previously granted Site and Architectural
Approval (S 98-17) to allow the conversion of a 535 square foot patio into
kitchen area for a previously approved two-story commercial building on
property located at 368 E. Campbell Avenue in the C-3-S (Central Business
District) Zoning District.
CITY COUNCIL ACTION
The Planning Commission recommends that the City Council take the following:
Adopt a Resolution, incorporating the attached findings, approving the proposed conversion
of the patio area into kitchen area and an adjustment in the approved parking ratio (PLN200!-
144) to a previously approved Site and Architectural Approval (S 98-17) that allowed the
development of a two-story commercial building.
ENVIRONMENTAL DETERMINATION
A Negative Declaration was previously granted for this project.
BACKGROUND
Back~round: On November 24, 1998, the Planning Commission approved the Site and
Architectural Review Permit (S 98-17) and the Conditional Use Permit (UP 98-11) to allow the
construction of a two-story commercial building and the establishment of a billiard halt, subject
to conditions of approvals. The applicant is nearing the completion of this commercial building
with an anticipated occupancy of a restaurant on the ground floor and offices on the second floor.
A billiard hall is no longer planned.
An enclosed patio/waiting area of approximately 535 square feet was originally approved
underneath a portion of the cantilevered second floor adjacent to the parking area. The applicant
is requesting approval to convert this area into floor area to accommodate a kitchen area for the
future restaurant use. The subject property is located within the downtown area on the southeast
comer of Central and East Campbell Avenues.
ANALYSIS
Applicant's Proposal: The applicant is requesting approval of a building modification to convert
the approved enclosed patio area of 535 square feet into kitchen area for the new restaurant.
City Council Report
PLN2001-144 - 368 E. Campbell Avenue - Modification to Site & Architectural Permit
Parking: The approved site plan accommodated 14 parking spaces. The additional building
square footage of 535 feet of retail space would warrant 1.6 parking spaces or 16 parking spaces
for this building.
The applicant's original approval was conditioned to require a covenant to participate in a joint
alleyway with property owners to the east of this property when those property owners provide
mutual easements.
The Planning Commission has modified this condition to provide for the granting of the
easement through the parking area to the alleyway to the east of the project site at this time, prior
to the participation of the other property owners. This alleyway area recently has lost its access to
East Campbell Avenue due to the fight-of way needs for the Vasona Light Rail Line at the
eastern end of the alleyway. This alleyway services the rear of five other properties to the east of
the project site and the granting of such an easement will improve access and circulation to this
part of the downtown. The property owner agrees to this condition.
The Planning Commission recommends approval of the parking adjustment finding that the
provision of the easement offsets the two parking space deficit, in that the entire block will have
much better access with the easement in place through the subject property.
ALTERNATIVES
1. Approve the proposed project subject to additional and/or modified Conditions of Approval.
2. Deny the proposed project.
3. Continue for further review.
FISCAL IMPACTS
None.
J:\Reports\COUNCIL REPORTS\CC Report -- 368 E. Campbell Ave..doc
City Council Report
PLN2001-144 - 368 E. Campbell Avenue - Modification to Site & Architectural Permit
Attachments:
1. Draft Council Resolution
2. Planning Commission Minutes & Staff Report - February 12, 2002
Includes the following:
Applicant's Letter of Request dated January 10, 2002
Exhibits (Reduced plans and elevations)
Planning Commission Resolution No. 3206 (Original Site and Architectural
Approval)
Planning Commission Minutes & Staff Report -- November 24, 1998
Location Map
Prepared
by:
I. Brffd~ey, Senior Planner /
Reviewed by: /,,4~ -~~
Shai:on Fierro, Community Development Director
Approved by:
Bernard M. Strojny, City Manager
J:\Reports\COUNCIL REPORTS\CC Report -- 368 E. Campbell Ave_doc
RESOLUTION NO. 3410
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A
MODIFICATION (PLN2001-144) TO A PREVIOUSLY APPROVED
SITE AND ARCHITECTURAL REVIEW PERMIT (S 98-17) TO
ALLOW AN ADJUSTMENT IN PARKING AND A 535 SQUARE
FOOT ADDITION TO A PREVIOUSLY APPROVED
COMMERCIAL BUILDING ON PROPERTY LOCATED AT 368 E.
CAMPBELL AVENUE IN THE C-3-S (CENTRAL BUSINESS
DISTRICT) ZONING DISTRICT. APPLICATION OF MR. JEFF
WYATT. FILE NO. PLN2001-144.
After notification and public hearing, as specified by law, and after presentation
Community Development Director, proponents and opponents, the hearing was closed.
by the
After due consideration of all evidence presented, the Planning Commission did find as follows
with respect to application PLN2001-144:
1. The development of the proposed project will result in a use that is consistent with the
General Plan land use of Central Commercial and the C-3-S zoning of this property.
2. The proposed project maintains the building coverage, number of parking spaces and
landscaping percentage as previously approved.
3. The architectural design as conditioned is compatible with the building design and
complements the architectural style of the building.
4. The proposed conversion of the 535 square foot patio/waiting area into kitchen area does not
create a significant increase in parking demand for the proposed restaurant.
5. The provision of 14 parking spaces adequately addresses the parking demand and needs for
the proposed 6,058 square foot building.
6. The project, as conditioned, will provide an ingress/egress easement through the parking lot
at this time thus improving circulation and access in the general vicinity.
The proposed modification to accommodate a restaurant use for kitchen area does not
increase the seating for the proposed restaurant, thus not creating an additional parking
demand.
8. A negative declaration was previously granted for this project and the proposed building
modification does not significantly change the approved project.
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
Planning Commission Resomtion No. 3410
PLN2001-144 - 368 E. Campbell Avenue -- Modification to S 98-17
Parking Adjustment & 535 Square Foot Addition to Previously-Approved Commercial Building
Page 2
o
o
o
The proposed project is consistent with the General Plan and the local zoning ordinance.
The proposed project as conditioned will aid in the harmonious development of the
immediate area.
The establishment, maintenance or operation of the use applied for will not be detrimental to
the 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.
The proposed site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic the proposed use would generate.
The proposed site is adequate in size and shape to accommodate the proposed project and
will integrate well with the existing uses in the surrounding area. The provision of an
easement for ingress/egress to the alleyway east of the project site improves the circulation
and access to neighboring commercial properties.
There is a reasonable relationship and rough proportionality between the Conditions of
Approval and the impacts of the project.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval
of a Modification (PLN2001-144) to a previously-approved Site and Architectural Review
Permit (S 98-17) to allow an adjustment in parking and a 535 square foot addition to a previously
approved commercial building on property located at 368 E. Campbell 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:
1. Development Approval Expiration: Approval is granted for a Modification (PLN2001-144)
for a previously approved Site and Architectural Review Permit (S 98-17) to allow the
development of a two-story, 6,058 square foot commercial building on property located at
368 E. Campbell Avenue. The Modification to the previous Site and Architectural Review
Permit is valid for a period of one year from the Planning Commission approval and will
expire on February 12, 2003, unless the applicant vests the approval prior to that date.
Planning Commission Reso,dtion No. 3410
PLN2001-144 - 368 E. Campbell Avenue -- Modification to S 98-17
Parking Adjustment & 535 Square Foot Addition to Previously-Approved Commercial Building
Page 3
Previous Conditions: All conditions of approval of the previously approved Site and
Architectural Review Permit (S 98-01) as approved by Resolution No. 3206 shall remain in
effect, except as modified by conditions herein.
Easement: The applicant shall record a minimum twenty-foot wide ingress/egress easement
through the parking area to facilitate public access to the alleyway east of the project site,
prior to the issuance of building permits for the proposed modification. The form and content
of the easement shall be reviewed and approved by the City Attorney and Community
Development Director prior to recordation.
Parking Adjustment: Approval of the proposed modification (PLN 2001-144) is not valid
until City Council approval of a parking adjustment for this project.
o
Revised Elevations: Prior to the issuance of building permits the applicant shall submit
revised elevations for review and approval of the Community Development Director
indicating arched insets on the modified southern wall.
PASSED AND ADOPTED this 12th day of February, 2002, by the following roll call vote:
AYES: Commissioners: Alderete,
Leonard
NOES: Commissioners: None
ABSENT: Commissioners: Jones
ABSTAIN: Commissioners: None
Doorley, Francois, Gibbons, Hernandez, and
APPROVED:
Tom Francois, Chair
ATTEST:
Sharon Fierro, Secretary
Attachment #2
ITEM NO. 1
STAFF REPORT - PLANNING COMMISSION MEETING OF
FEBRUARY 12, 2002
PLN2001-144
Wyatt, J.
Public Hearing to consider the application of Mr. Jeff Wyatt for
approval of a Modification (PLN2001-144) of a previously granted Site
and Architectural Approval (S 98-17) to allow the conversion of a 535
square foot patio into kitchen area for a previously approved two-story
commercial building on property located at 368 E. Campbell Avenue
in the C-3-S (Central Business District) Zoning District.
STAFF RECOMMENDATION
That the Planning Commission take the following action:
Adopt a Resolution, incorporating the attached findings, recommending that the City
Council approve the proposed conversion of the patio area into kitchen area and an
adjustment in the approved parking ratio (PLN2001-144) to a previously approved Site and
Architectural Approval (S 98-17) that allowed the development of a two-story commercial
building.
ENVIRONMENTAL DETERMINATION
A Negative Declaration was previously granted for this project.
PROJECT DATA
Site Data:
Approved Project
Proposed Chano~e
Gross Lot Area:
Net Lot Area:
.33 acres (14,550 square feet) same
.20 acres (8,630 square feet) same
Site Utilization:
Building Coverage:
Landscape Coverage:
Paving Coverage:
44.7% 3,528 square feet same
7% 590 square feet same
52% 4,512 square feet same
Total Building Area:
5,523 square feet
6,058 square feet
Floor Area Ratio (FAR): .64 .70
' ~taff Report - Planning Commission Meeting of February 12, 2002
PLN200 l- 144 (S 98-17) - 368 E. Campbell Avenue
Page 2
Required Parking:
First floor(Restaurant/Retail)
Second floor(Office)
2.068 square feet ~ 1:345 =
3,455 square feet ~ 1:425 =
5.9
8.1
14.0
Revised first floor(Restaurant/Retail)
Second floor(Office)
2,603 square feet ~ 1:345 = 7.5
3,455 square feet ~ 1:425 = 8.1
15.6
Parking Provided:
14
*Required Parking is based upon approval of a commercial building consisting of retail (ground
floor) and office use less stairwells and elevator shaft (second floor).
DISCUSSION
Background: On November 24. 1998, the Planning Commission approved the Site and
Architectural Review Permit (S 98-17) and the Conditional Use Permit (UP 98-11) to allow the
construction of a two-story commercial building and the establishment of a billiard hall, subject
to conditions of approvals. The applicant is nearing the completion of this commercial building
with an anticipated occupancy of a restaurant on the ground floor and offices on the second floor.
A billiard hall is no longer planned.
An enclosed patio/waiting area of approximately 535 square feet was originally approved
underneath a portion of the cantilevered second floor adjacent to the parking area. The applicant
is requesting approval to convert this area into floor area to accommodate a kitchen area for the
future restaurant use.
The subject property is located within the downtown area on the southeast corner of Central and
East Campbell Avenues.
ANALYSIS
Applicant's Proposal: The applicant is requesting approval of a building modification to convert
the approved enclosed patio area of 535 square feet into kitchen area for the new restaurant.
Parking: The approved site plan accommodated 14 parking spaces. The additional building
square footage of 535 feet of retail space would warrant 1.6 parking spaces or 16 parking spaces
for this building.
The applicant's original approval was conditioned to require a covenant to participate in a joint
alleyway with property owners to the east of this property when those property owners provide
mutual easements.
'~taff Report- Planning Commission Meeting of February 12, 2002
PLN2001-144 (S 98-17)- 368 E. Campbell Avenue
Page 3
The applicant has indicated a willingness to grant an easement through the parking area to the
alleyway to the east of the project site at this time, prior to the participation of the other property
owners. This alleyway area recently has lost its access to East Campbell Avenue due to the right-
of way needs for the Vasona Light Rail Line at the eastern end of the alleyway. This alleyway
services the rear of five other properties to the east of the project site and the granting of such an
easement will improve access and circulation to this part of the downtown.
Staff finds that the provision of the easement offsets the 2 parking space deficit, in that the entire
block will have much better access with the easement in place through the subject property.
Architectural Change: The proposed modification would require an increase in the wall height
from 6 to 10.5 feet. Staff is recommending that additional architectural enhancements such as
inset arches to reduce the massing of this wall. This wall is located under the cantilevered portion
of the building adjacent to the parking area and is not visually prominent.
Site and Architectural Review Committee: The Site and Architectural Review Committee
reviewed this application at its meeting of February 22, 2002 and supported its approval subject
to the condition of providing inset arches at the rear wall.
Attachments:
1. Findings for Approval -- (PLN2001-144) Modification to a Site and Architectural Approval
(S 98-17)
2. Conditions of Approval -- (PLN2001-144) to the Modification to Site and Architectural
Approval (S 98-17)
3. Applicant's Letter of Request dated January 10, 2002
4. Exhibits (Reduced plans and elevations)
5. PC Resolution No. 3206 (Original Site and Architectural Approval)
6. PC Minutes & Staff Report -- November 24, 1998
7. Location Map'
Prepared by:
Approved by:
Planner
Ge~ff~3radley, Senior Plann7
Attachment No. 1
FINDINGS FOR APPROVAL FOR A MODIFICATION (PLN2001-144) TO A SITE AND
ARCHITECTURAL APPROVAL (S 98-17)
SITE ADDRESS: 368 E. Campbell Avenue
APPLICANT: Jeff Wyatt
P.C. MEETING: February 12, 2002
Findings for Approval for a Modification(PLN 2001-144)
to a previously approved Site and Architectural Approval (S 98-17)
to allow the conversion of a patio/waiting area into kitchen area of a two-story commercial
building
The Planning Commission finds as follows with regard to the Modification (PLN2001-144) of a
previously approved Site and Architectural Approval (S 98-17):
The development of the proposed project will result in a use that is consistent with the
General Plan land use of Central Commercial and the C-3-S zoning of this property.
°
The proposed project maintains the building coverage, number of parking spaces and
landscaping percentage as previously approved.
The architectural design as conditioned is compatible with the building design and
complements the architectural style of the building.
°
The proposed conversion of the 535 square foot patio/waiting area into kitchen area does
not create a significant increase in parking demand for the proposed restaurant.
°
The provision of 14 parking spaces adequately addresses the parking demand and needs
for the proposed 6,058 square foot building.
o
The project, as conditioned, will provide an ingress/egress easement through the parking
lot at this time thus improving circulation and access in the general vicinity.
°
The proposed modification to accommodate a restaurant use for kitchen area does not
increase the seating for the proposed restaurant, thus not creating an additional parking
demand.
o
A negative declaration was previously granted for this project and the proposed building
modification does not significantly change the approved project.
Findings for PLN2001-144 (Modification to S 98-17)
368 E. Campbell Avenue
Page 2
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
I. The proposed project is consistent with the General Plan and the local zoning ordinance.
The proposed project as conditioned will aid in the harmonious development of the
immediate area.
The establishment, maintenance or operation of the use applied for will not be detrimental
to the 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.
4. The proposed site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic the proposed use would generate.
The proposed site is adequate in size and shape to accommodate the proposed project and
will integrate well with the existing uses in the surrounding area. The provision of an
easement for ingress/egress to the alleyway east of the project site improves the circulation
and access to neighboring commercial properties.
6. There is a reasonable relationship and rough proportionality between the Conditions of
Approval and the impacts of the project.
Attachment No. 2
CONDITIONS OF APPROVAL FOR MODIFICATION (PLN2001-144) FOR A
PREVIOUSLY APPROVED SITE AND ARCHITECTURAL APPROVAL (S 98-17)
SITE ADDRESS: 368 E. Campbell Avenue
APPLICANT: Jeff Wyatt
P.C. MEETING: February 12, 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:
1. Development Approval Expiration: Approval is granted for a Modification (PLN2001-144)
for a previously approved Site and Architectural Review Permit (S 98-17) to allow the
development of a two,story, 6,058 square foot commercial building on property located at
368 E. Campbell Avenue. The Modification to the previous Site and Architectural Review
Permit is valid for a period of one year from the Planning Commission approval and will
expire on February 12, 2003, unless the applicant vests the approval prior to that date.
Previous Conditions: All conditions of approval of the previously approved Site and
Architectural Review Permit (S 98-01) as approved by Resolution No. 3206 shall remain in
effect, except as modified by conditions herein.
Easement: The applicant shall record a minimum twenty-lbot wide ingress/egress easement
through the parking area to facilitate public access to the alleyway east of the project site.
prior to the issuance of building permits for the proposed modification. The form and content
of the easement shall be reviewed and approved by the City Attorney and Community
Development Director prior to recordation.
4. Parking Adjustment: Approval of the proposed modification (PLN 2001-144) is not valid
until City Council approval of a parking adjustment for this project.
Revised Elevations: Prior to the issuance of building permits the applicant shall submit
revised elevations for review and approval of the Community Development Director
indicating arched insets on the modified southern wall.
~~~mmmIRIcHARD HARO
January 10, 2002
City Of Campbell
Building Department
70 North First Street
Campbell, Ca 95008
Re: Commercial Building
368 E. Campbell Avenue
Dear Planner,
We feel the lower floor use is best as a restaurant. To facilitate that use, we are
requesting converting the patio into kitchen space for that future restaurant use. The
patio space was to be used as seating area either for waiting or dining. By converting that
space into kitchen space we are merely relocating dining/waiting space to inside the
building and relocation the future kitchen to the patio area.
Another feature of a restaurant is the need for more electrical power. As such we
are removing one parking space near the trash enclosure and placing an electrical
transformer box there. The transformer is needed because 600-800 amps are what has
been requested and 40 ~} amps is what was proposed.
843 S. McGlincey Lane
Campbell, CA 95008
Phone (408) 371-7209
Fax (408) 371-7219
CITY oF CAMPBELL
Community Development Department - Current Planning
February 1, 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 12, 2002, in the City Hall Council
Chambers, 70 North First Street, Campbell, California, for a Public Hearing to consider the
application of Mr. Jeff Wyatt for consideration of a Modification (PLN2001-144) to a previously
approved Site and Architectural Review Permit (S 98-17) to allow an adjustment in parking and a
535 square foot addition to a previously approved commercial building on property located at 368
E. Campbell Avenue in the C-3-S (Central Business District) Zoning District. A Negative
Declaration was previously approved for this project.
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. PLN2001-144
Address: 368 E. Campbell Avenue
70 North First Street · Campbell, California 95008-1436 · TEL 408.866.2140 · FAX 408.866.8381 . TDD 408.866.2790
CITY OF CAMPBELL
Community Development Department - Current Planning
January l5,2002
Re: PLN2001-144 - 368 E. Campbell Avenue - Modification to Site & Architectural Permit
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, January 22, 2002
Time: 6:45 p.m.
Location: Doetsch Conference Room, City Hall, 70 N. First Street, Campbell
Planning Commission Meeting
Date: Tuesday, February 12, 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.
Tim J. Haley ~
Associate Planner
CC:
Jeff Wyatt (Applicant/Property Owner)
14630 Horseshoe Drive
Saratoga, CA 95070
70 North Fir,;t 5;trcct (~an:pbcll. C_ahiornia !~5OO% 1436 . rt:[ 4OS.866 21-16 · !,.:,; 40,8.3665351 · -ir)I) 405.$66.27c30
CITY OF CAMPBELL
Community Development Department - Current Planning
January 8, 2002
Mr. Jeff Wyatt
Wyatt and Associates
14630 Horseshoe Drive
Saratoga, CA 95070
PLN2001-144
368 E. Campbell Avenue
Dear Mr. Wyatt:
The Planning Division has reviewed your application for a modification to a previous site
and architectural approval to allow an adjustment in parking and a 468 square foot
addition to a previously approved commercial building on the referenced property. The
following information and details are needed in order to complete your application:
Site and Architectural Review Package
1. Site plan depicting the elimination of a parking space, the provision of an access
easement and the expansion of the first floor area.
2. 15 sets of reduced 11 x 17 inch elevations, floor plans and site plans.
3. A letter of request that outlines the proposed changes and the rational for such
changes.
If you have any questions, please do not hesitate to contact me at (408) 866-2144.
Sincerely,
Tim Haley
Associate Planner
cc:
Geoff Bradley, Senior Planner
Kirk Heinrichs, Redevelopment Manager
Richard Haro, 960 Camden Avenue, Campbell, CA 95008
JS.Completeness Letters\PLN2001-144 368 E. Campbell Avenue.doc
7,) N,.r'm ;:i: sc C, tr,:ct Campbell. Calitornia 95008-1430 - 'I}L 408.866.2 i 40 -~:~ 408.866.8381 · fPP 408.866.2790
RESOLUTION NO. 3206
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL GR_,&N'TING A SITE .&NT) ARCHITECTURA. L
APPROVAL TO ALLOW THE CONSTRUCTION OF A TWO STORY
BUILDING IN' THE DOWNTO%~' AREA ON PROPERTY LOCATED AT
368 E. CAMPBELL AVENUE 12,4 THE C-3-S (CENTRAL BUSINESS
DISTRICT) ZONTNG DISTRICT. APPLICATION OF BWI DOWNTOWN
PARTNERS. FLLE NO. S 98-17.
After notification and public hearing, as specified by la, v, 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 S 98-17:
The proposed project will entail construction of a ¢.vo-story, 5,523 square foot commercial
building.
The proposed project is located on property with a corn.mercial land use designation under the
General Plan.
The proposed commercial building is consistent with the commercial land use desig'nation of
the General Plan, the C-3-S (Central Business District) zoning designation for the site, the
Central Campbell Redevelopment Plan and the Campbell Downtown Development Plan, and
achieves the following objectives:
a) Enhances the downtown as the civic, economic and cultural center of activity for the City.
of Campbell.
b'; Enhances the identity of the downto~vn as a central business district that serves as a
meeting place for local residents as ,.yell as a destination.
c~ Facilitates the development of downtown as an economically viable commercial district.
d) Encourages a mix of economically viable commercial uses in the downtown creating a
balance of daytime and evening activities.
e) Enhances the pedestrian-oriented environment of the downto~vn.
t') Ensures that the new building in the downtown wilI be of high architectural desi~ quaiity
and provides architectural diversity, in the downtown.
The proposed commercial building subject to the attached conditions of approval meets the
setback, height limitation and floor area ratio development standards of the C-3-S zoning
ordinance.
TEe proposed project is ,,,,'ell designed and is architecturally compatible with the surrounding
neighborhood and uses by integrating the use of traditional downtown architectural features.
Plarming Commission Resolution No. 3206
S 98-!' - 368 E. Campbell Avenue - BWI Downtown Parmers
Page"
The parking adjustment to reduce the required parking stall widths for standard parking spaces
is adequate to serve the proposed project and is warranted due to the limited width of the
property and the applicant's efforts to maximize the number of parking spaces on the site
given the location of the proposed commercial building.
A.n initial study was prepared for this project and no si=mxificant environmental impacts were
~bund.
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The development is consistent with the General Plan and City's Zoning Ordinance.
The proposed project will aid in the harmonious development of the immediate area.
The proposed development will not be detrimental to the health, safety or welfare of the
neighborhood or the City, as a whole.
No substantial evidence has been presented which shows that the project, as currently
presented, and subject to the required conditions of approval, will have a significant adverse
impact on the environment.
No evidence has been presented which shows that the project ~vill have a substantial impact on
piant or animal life.
The applicant is hereby notified, as part of this application, that he/she is required to meet the
following conditions 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:
COMMUNITY DEVELOPMENT DEPARTMENT
1. At~oroved Proiect: Approval is ganted for a Site and Architectural Review Permit (S 98-17) to
construct a tv,'o-story, 5,523 square foot retail and office commercial building on property
located at 368 E. Campbell Avenue and shall substantially conform to the project e,',chibits listed
below, except as may be modified by the Conditions of Approval contained herein:
A. Site plan dated July 8, 1998, prepared by Chris Spaulding, Architect.
B. First and Second Floor plans dated July 8, 1998, prepared by Chris Spaulding, Architect.
C. Elevations dated July 8, 1998, prepared by Chris Spaulding, Architect.
D. Color/materSal board submitted by Bruce Bowen, applicant.
E. Perspective drawing stamped dated as received on November 18, 1998, prepared by Chris
Spaulding, Architect.
Ptanning Commission Resolution No. 3206
S 98-17 - 368 E. Campbell Avenue - BWI Downtown Partners
Page 3
Buildin~ Details and Colors:
A. The applicant shall modify, the proposed color scheme of the building by adding additional
colors to enhance the architectural details on the building, which may include additional
colors to accent the cornice treatment, window trims, and other portions of the building. The
additional colors to be used on the building shall match the predominant color scheme of the
building and shall require review and approval by the Site and Architectural Review
Committee prior to the issuance of building permits.
The windows on the building shall be recessed a minimum 3-inches from the outer wall of
the building to provide a sense of depth from the building and shall provide adequate trim to
architecturally enhance the design of the building, as determined by the Site and
.~-chitectural Review Committee.
Landscasin~: Prior to the issuance of building permits for the project, the applicant shall submit
landscaping and irrigation plans for review and approval by the Site and Architectural Review
Committee that incorporates the following:
A. Minimum 2Z-inch box trees, minimum 5-gallon shrubs, and ~oundcover shall be planted
within the landscape planter area along the southern property line.
B..Minimum 5 gallon shrubs and goundcover shall be planted within the landscape planters
along the building walls facing E. Campbell Avenue and Central Avenue.
Reciorocal Inr?ess/E_o-ress A_o'reement: Prior to the issuance of building permits, the applicant
and:or property owner shall record a covenant obligating future and existing properw., owners to
enter into an a~eement with the adjacent property owners to the east to participate in the
provision of reciprocal, in~ess,"e~,-ess~ ~. easements over the vehicular parking lot at such ti'me in
the future the a~acent propert?' owners to the east can accommodate improvement of the
alleyway to include paving of the alleyway to eliminate potholes and parking as can reasonably
be accommodated within the available area behind the buildings and as mutually a~eeable to
these property owners.
Parkin= and Driveway: Prior to the issuance of building permits tbr the project, the applicant
shall comply with Chapter 21.50 of the Campbell Municipal Code, unless modified by the
Conditions of Approval herein.
Driveway Width: Prior to the issuance of building permits, the applicant shall revise the site
plan to incorporate a minimum 25-foot back-up space for all parking spaces throughout the
parking lot to ensure adequate maneuvering space.
Planning Commission Resolution No. 3206
S 98-I7 - 368 E. Campbell Avenue - BWI Downtown Partners
Page 4
Disabled Parkin_o: Prior to the isSuance of building permits, the applicant shall review the
location of the disabled person parking space to ensure that the support column of the building
does not interfere with the use of the striped access area and shall demonstrate that the parking
space meets State and Ci~ building code requirements regarding disabled accessible parking
requirements.
Parkin~ Adjustment: The applicant is permitted a parking adjustment to provide a reduction in
the standard parking stall sizes for the proposed project. The minimum standard parking stall
width shall be 8.5 feet and the minimum standard parking stall length shall be 20 feet.
9. On-site Liahting: Details of project lighting shall be approved by the Site and :U-chitectaral
Review Committee prior to the issuance of building permits.
10. Buildina Division Reauirements: 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. Based upon an occupancy most closely resemoun, a B (retail)
occupancy and an S-3 (parking) occupancy, the applicant shall demonstrate provision of the
tbilowing on plans prior to issuance of building permits:
A. A one (1) hour occupancy separation is required between the B and the S-3 occupancies
per L~C T3-B.
B. Openings are prohibited along the west wall (less than 5 t~et from the properE.~' line). One
(1) hour construction is required for this wall per U'BC T 5-A.
C. The roof parapet along the west wall complies with UBC Section 709 for construction.
D. The disabled-accessible parking access aisle and ramp comply with CAC Section D-6.
11. Fences;walls: ,amy 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 b,,' the Site and
.Krchitectural Review Committee prior to constraction.
I2. Prouertv Maintenance: The property is to be maintained free of any combustible trash, debris
and weeds until the time that actual construction commences. Ail existing structures shall be
secured by having windows boarded up and doors sealed si.ut, or be demolished or removed
from the property. (Section 11.201 and 11.414, I985 Ed. Uniform Fire Code). Ail structures
shall also be required to be maintained free of graffiti. Should g-raffiti appear on the building,
er.closure ,,,,'ails an&'or trash enclosure, the applicant shall take measures to immediately remove
the g-raffiti.
Planning Commission Resolution No. 3206
S 98-17 - 368 E. Campbell Avenue - BWI Downtown Partners
Page 5
13. Location of Mechanical Equioment: No roof-mounted anck'or g-round level mechanical
equipment, i.e. air conditioning units, shall be located on or adjacent to the building without
providing screening of the mechanical equipment fi.om public view. Screening material and
method shall require review and approval by the Site and ,~-cNtectural Review Committee prior
to the installation of such mechanical equipment.
14. Utiliw Boxes and Back-Flow Preventers: Applicant to submit a plan prior to installation of
PG&E utility (transformer) boxes and San Jose Water Company back-flo~v preventers,
indicating the location of the boxes and screening (if the boxes are above g-round) for approval
by the Planning Division.
15. Trash Disvosal/Recvctina: The applicant shall provide the tbilowing:
A. Details regarding the design and location of trash disposaL, recycling facilities :o be reviewed
and approved by the City prior to the issuance of building pe~its for the project. The
design of the trash enclosure shall match the building in :e,'a'ns of color and finish.
Revised site plan indicating the relocation of the trash enclosure a minimum of 8.5 feet away
from the sidewalk along Central Avenue. The trash enclosure shall be screened from the
sidewalk by a planter area bet~veen the enclosure and the sidewalk which shall be planted
with minimum 15-gallon shrubs and ~oundcover.
16. Sims: .Any si~s proposed to be erected on site shall require approval ora Sign Permit. A Sign
Pe~u'mit may be ~anted upon complete submission of a Sign application and approval by the
Community Development Department. in accordance with the City's Sign Ordinance. No si~
shall be permitted until the application is approved and a pe,u-mit issued.
1- Hazardous Waste Removal: Prior to the issuance of ;~ ' o
bu,l&n= permits, the applicant shall
demonstrate that ali hazardous waste materials and contamination on-site in conjunction with
the previous auto repair use be removed.
IS. Cons?uction Miti_oation .Measures:
mitigation measures:
The applicant shall imolement the following construction
A. Construction activities ,,*,'ill be limited to daytime hours of 8:00 aw, to 5:00 p.m. weekdays
and 9:00 a.m. to 4:00 p.m. Saturdays. Construction is prohibited on Sundays and Holidays
unless an exception is ~anted by the Building Official.
B. No pile driving is allowed for construction of the project.
C. Ali internal combustion engines for construction equipment used on the site will be properly
muffled and maintained.
D. Ail stationar?' noise generating construction equipment, such as air compressors and portable
power generator, will be located as far as practical from the existing residences and
businesses.
E. Alt active construction areas shall be watered at least twice daily.
Planning Commission Resolution No. 3206
S 98-17 - 368 E. Campbell Avenue- BWI Downtown Partners
Page 6
F. Cover all trucks hauling soil and other loose materials stationed or prior to leaving the site.
G. Pave. apply water, or apply non-toxic soil stabilizers on all unpaved surfaces, and staging
areas at the construction site.
H. Sweep daily ail paved access roads, parking areas, staging areas, and adjacent public streets
as directed by the City, Engineer.
[. Enc!ose, cover, water or apply soil binders to exposed stockpiles.
J. Install sandbags or other erosion control measures to prevent runoff to all roadways,
waterways or pubic walkways accessed by the public.
CENTRAL FIRE DISTRICT:
19. Final ReQuired Fire Flow: Required fire flow for this project is 2,000 GPM at 20 psi residual
pressure. The required fire flow is available from area water mains and fire hydrant(s) which are
st>aced at the required spacing.
PUBLIC WORKS DEPARTMENT:
20. Preliminary Title Report: Prior to issuance of any g-fading or building permits for the site. the
appiicant shall provide a cun:ent Prelimina~ Title Report.
21.
Ritht-of-Wav for Public Street Pumoses: Prior to issuance of any g-fading or building permits
for the site, the applicant shall g-rant additional Right-of-Way for Public Street Pu~oses along
the Central Avenue frontage to accommodate 10 feet of right-of-way from the curb face plus a
prope.~"'q,.' line return to Campbell Avenue with a 20 foot radius. Applicant shall cause to be
prepared all documents necessary, to record dedication and submit to the City, for review'.
22.
Street [rnr~rovements: Prior to issuance of any g-rading or building permits for the site, the
applicant shall cause plans tbr public Street Improvements to be prepared by a registered civil
engineer, pay fees, post security and provide insurance necessary, to obtain an encroachment
pe,wnit for constr,action of the public improvements, as required by the CiE/Engineer. The plans
shall include the following:
Central Avenue
· Removal of the existing driveway approach.
· Construction of a new 25 foot wide commercial driveway approach and
accordance with .ADA requirements
sidewalk in
Carnr~bell Avenue
· Removal or'the existing driveway approach and replacement with an 8-foot wide sidev,'alk
Central and Campbell Avenues
· Protection a~nd relocation of existing utilities as necessary.
23. Water Meter(s) and Sewer Cleanout(s): Existing and proposed Water Meter(s) and Sewer
Cleanout(s) shall be installed on private property behind the public right-of-way line.
Planning Commission Resolution No. 3206
S 98-17 - 368 E. Campbell Avenue- BWI Downtown Partners
Page 7
24.
26.
27.
25.
29.
30.
3t.
Utilities: Ail new on-site Utilities shall be installed tmder~ound per Section 20..36.150 of the
Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall
comply with all plan submittals, permitting, and fee requirements of the serving utility
companies.
Utiliw Installation Plan: Prior to issuance of building permits for the site, the applicant shall
submit a Utility, Installation Coordination Plan and Schedule for approval by the City Engineer
tbr installation ancot abandonment of all utilities. Streets which have been resurfaced within
the previous 5 years will require boring and jacking for all new utili¢' installations. Applicant
shall also prepare pavement restoration plans for approval by the City, Engineer prior to any
utility installation or abandonment.
Maintenance Security: Pr'ior to issu~ce of' occupancy approval for the site, ail public street
improvements required by the street improvement a~eement and the encroachment permit must
be completed and accepted by the CID" and the applicant must provide a one-year Maintenance
Security in an amount of 25% of the Faithful Per~:brrnance Bond.
Gradin_o and Draina_~e Plan: Prior to issuance of any g-fading or building permits for the site, the
applicant shall conduct hydrology studies based on a I0 veer storm frequenc':', prepare an
engineered Grading and Drainage Plan, and pay fees required to obtain necessary ~ading
permits. The plans shall comply ~vith the 199~. edition of the U-BC including Chapters 18, 33,
and Appendix Chapter 33. Should the development require hauling o£ soil or other demolition
mater~als on or off site, the applicant shall request and obtain approval of a haul route from the
. En=,ne,,,.
Storm Drain Area Fee: Prior to issuance of any g-fading or building permits for the site, the
applicant shall pay the required Storm Drain Area fee. The current t~ee is $ 52,500 93 per acre or
5-495.00.
Storm Water Pollution Prevention Measures: Prior to issuance of any ~ading or building
permits, the applicant shall comply with the National Pollution Discharge Elimi:'.ation System
(N'PDES) permitting requirements and the California Storm Water Best Management Practices
handbook prepared by the Storm Water QualiLy Task Force. Santa Clara Valley Water District
and the City of Campbell Municipal Code regarding Storm Water Pollution Prevention.
Le<al Lot: The applicant shall provide documentation to vedf'y that the Lot was Legally
created.
Covenant: The applicant shall record a covenant recognizing that occasionally access to the site
may be limited due to downtown special events.
Planning Commission Resolution No. 3206
S 98-17 - 368 E. Campbell Avenue -BWI Downtown Partners
Page 8
PASSED .aaND .ADOPTED this 24m day of November, 1998, by the following roll call vote:
AY'ES:
NOES:
.aBSENT:
,aBSTAI'N:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
<"- Steve PTasecki, secretary
Francois, Gibbons, Jones, Kearns, Lindstrom, Lowe
None
None
Meyer-Kennedy
'ITCnmi L"~e, Chair
Planning Corrxnission Minutes of November 2,4, 1998
Page 7
Chairman Lowe expressed his disappointment in the idea that a gate is even considered necessary
in Campbell.
Commissioner Kearns added that she is not supportive of the gate.
Commissioner Francois stated that the gate adds security for the building and that he is
supportive of it. Added that the applicant bas been generous with public parking on his property
and he should na,,e a say in how he does it.
Commissioner Gibbons said that she is not happy about the gate. Added that as a compromise
she would '" =
~.~<~ the spaces made available during weekends.
Commissioner Lindsrrom stated that the applicant has worked with people downtown and he has
been and xvii! continue to share sr~aces. The gate and secuEty will cost bSm. Added that the
project is gccd and he ,;viii suppor': it.
Chain'nan :_~we closed the Public r.-~,,,z,,o for Agenda Item Ne. '~
Motion:
Upon morion of Commissioner Jones, seconded by Commissioner Kearns,
the Planning Commissioner adopted a Negative Declaration and adopted
Resolution No. 320_~ granting a Site and Architectural Approval (S 98-08) to
allow the construction of a 12,711 square foot, two-story office building with
an interior first floor parking garage, with the added condition that the
applicant record a covenant stating his understanding and support that on
several occasions a year accessibility, downtown will be cut off to host
community.' events, on property, located at 54 N. Central Avenue. bv the
following roll call vote:
AYES: Francois, Jones, Kearns, Lindstrom. Lowe
NOES: Gibbons
ABSENT: None
ABSTMN: Meyer-Kennedy
Chairman L,>.ve advised that this a?proval is final in l0 days unless appealed in w~iting to .'..he
City. Clerk.
Chairman Lowe read Agenda Item No. 3 into tee record.
S 98-17,,'UP 98-11
BXVI Downtown
Partners
Public Hen-lng to consider r. he application of BWI Downtown
Pa~.,~.ers for a Site and .&-cb_itec,mraI Approval (S 98-I7) to
allow the cons~action of a new two-story building in the
Dov,.-nto,an area and approval of a Conditional Use Permit CoT
98-!1) to allow a billiard establishment on property located at
Planning Commission Minutes of November 24, 1998 Page 8
368 E. Campbell Avenue in the C-3-S (Central Business
Distr/ct Zoning District. A Negative Declaration has been
prepared' for this project. Planning Commission decision final
unless appealed in writing to the Ciu Clerk with.in 10 days.
Ms..~ni Ir~i, Planner I, presented the staff report as follows:
· The arx~ticant is see!ring a Site Approval to allow a two-story commercial building and a Use
Pt,whir'to allow the establishment of a billiard hall in the new building.
· The Croject site is on the southeast comer of E. Campbell Avenue and Centrai .avenue.
Surr;unding uses include a hair salon, restaurant, commercial uses and offices.
· Zonin~ is C-3-S (Central Business Dish-lot). A billiard hall is a permitted use with a Use
Perrni[provided the finding can be made that the use would be similar ro a commercial use.
· The proposed building is a two-story with 14 paring spaces provided.
· Tlqe a=olicant is also see ~king a par,king adjustment to allow 8 ¥: foot wide parMng stalls
instead of the required 9-foot width.
· Set.lC and staffhave recommended additional detailing on the buildhng.
· The aooiicant will be required to record a covenant a~eeing to work with the adjacent
proper,' owner in the future to work out in~ess/e~ess from one site :o the other.
· A Use Permit is required for the billiard use, on-sale liquor sales, later hours of operation and
allowing minors.
Commissioner Gibbons presented the Site and Architectural Review Committee r~ort as
follows:
· S.xa~,C met on November 10~' and had extensive comments including par'king stall width
reduction, pattern and number of windows and the inconsistency beT.veen the first and second
storz' windows.
· Some of the changes have been implemented on the revisions but nor all details have been
worked out.
Chai~":r~zn Lowe opened the Public Hearing for Agenda Item No. 3.
Nit. Brace Bowen, Applicant:
· A~eed that a number of the issues raised at S.~R.C have been addressed.
· q~on~_lv expressed his lack of willingness to work out a reciprocal access from his
to :he adjacent, stating that he cannot encumber his property i.n a way ~at is den--imental to
his interests.
Corrznissioner Gibbons again wanted Mr. Bowen to agree to support community events that may
slnur down traffic in the downtown up to six times per year such as the Harvest Festival. Also
w'a~nred .'.o ensure that noise from this site not info,ere without other adjacent uses.
5Ir. Brace Bowen advised that he both wants to be and plans to be a good neighbor to the area.
Planning Commission Minutes of November 24, 1998
Page 9
Commissioner Lindsmom suggested defen'Lng to Commissioner Gibbons and SARC for
acceptance of any revisions that come back.
Commissioner Gibbons stated that the elevations required additional work and the windows for
the two floors are not proportionate. Stated that this is an important location for the downtown
and she would like to see more information.
Commissioner Lindstrom suggested more information be provided to SARC.
Commissioner Gibbons suggested the project come back to SARC and the Planning
Commission.
Chairman Lowe asked if the applicant had a problem with a continuance.
Mr. Bruce Bowen advised that he is happy to continue to work on :he elevations.
Cow,missioner Gibbons stated that the proposed paint color scheme is too bland.
.Mr. Brace Bowen said that they were tryLng to ptav up architectural details instead of paint
colors.
Cow~,'-nissioner Gibbons suggested approving the Use Permit and continuing the Site Approval.
Steve Piasecki advised that this was possible. ,another option is to have the final details
re'Ae'.ved and approved by SARC. If continued, this approval would not be back before the
Corn~mission until l~uar/which is a fairly si~m-fificant delay.
Brace Bowen advised that they hope to have the building comnlete and Pockets in place by
time next year.
Cornw. issioner Jones asked staff for the quickest way to handle th/s.
Mr. Steve Piaseck/suggested SARC review and approval of ali outstanding details.
Commissioner Jones asked Mr. Bowen if he would be ready in two weeks for S.~R.C.
Mr. Br~ce Bowen replied that they would be ready.
Chairman Lowe closed the Public Hearing for Agenda Item No. 3.
Motion:
Upon motion of Commissioner Gibbons, seconded by Commissioner
Lindstrom, the Planning Commission adopted Resolution No. 3206 granting
a Site and Architectural Approval (S 98-11) to allow the construction of a
new two-story, building in the Downtown area with the Site and Architectural
. Planning Commission Minutes of November 24, 1998 Page 10
Review Committee reviewing and approving final design and site changes, an
added Condition requiring a Covenant regarding support of downtown
community, events where the streets will be blocked off and with the
reduction in parking space width to 8 V: feet, and Resolution No. 3207
approving a Conditional Use Permit (UP 98-17) to allow a billiard
establishment with on-sale general liquor sales and extended hours of
operation, on property, located at 368 E. Campbell Avenue, by the following
roll call vote:
AYES:
NOES:
ABSENT:
ABSTA.IN:
Francois, Gibbons, Jones, Kearns, Lindstrom, Lowe
None
None
Meyer-Kennedy
Chairman Lowe advised that this approval is final in 10 days u~ntess appealed in wEting ro the
City' Clerk.
Commissioner Meyer-Kennedy rejoined the Commission..
Chairman Lowe read Agenda Item No. 4 into the record.
S 98-06
Glush Design
Associates
Public Hearing to consider the application of Glush Design
Associates, on behalf of Mr. & NL-s. Behmarm-n, for a Site and
.-~-chitecmral Approval (S 98-06) :o allow the construction of a
new single-family residence on prope,~'xy located at 1360
Harriet Avenue in an R-lO (Single Family Residential)
Zoning Dis<ct. TNs projec: is Categorically Exempt.
Planning Com.~-nission decision final unless appealed in ~ting
to the Ci¢' Clerk within 10 days.
Nfs. Sharon Fierro, Senior Planner, presented the staff report as foilows:
· The applicant is seeking a Site approval to allow cons~,'crion of a new single-family
residence on the comer of Waiters and H. arriet Avenues.
· The Zoning is R-lO and ~e lot 16,000 square feet.
· .-~n existing 600 square foot secondary, dwelling is on site wk/ch is a pre-existing legal non-
conforming. This tm/t will remain.
· The existing 820 square foot primary living trait will be demolished and replaced with a
4,000 square foot home, 3,_365 square feet of living space and 638 square foot, three-car
garage.
· The home is to be a four bedroom, two and a half bath residence with stucco and concrete tile
roof.
· No s~eet improvements will be required along Walters.
· The proposed resident will represent a .30 Floor Area Ratio. The San Tomas Area
Neighborhood Plan allows up to a .45 FA.R.
STAFF REPORT - PLANNING COMMISSION MEETING
OF NOVEMBER 24, 1998
S 98-17 &
UP 98-11
Bowen, B.
Merlo, G.
Public Hearing to consider the applications of Mr. Bruce Bowen and Mr.
Gary, Merlo, for approval of a Site and Architectural Review Permit (S
98-17) to allow the development of a two-story, 5,523 square foot
commercial building, and a Conditional Use Permit (UP 98-11) to allow
the establishment of a billiard hall within the proposed commercial
building, with incidental on-sale general liquor service and extended
hours of operation past 11 p.m., on property located at 368 East
Campbell Avenue in the C-3-S (Central Business District) zoning
district.
STAFF RECOMMENDATION
That the Planning Commission take the following action:
Grant a Negative Declaration for this project; and
Adopt a Resolution, incorporating the attached findings, approving a Site and Architectural
Review Permit to allow the development of a two-story commercial building in the
Downtown area and a parking adjustment to allow a reduced width in the standard parking
stall size, subject to the attached Conditions of Approval; and
Adopt a Resolution, incorporating the attached findings, approving a Conditional Use
Permit to allow a billiard establishment within the commercial building with incidental on-
sale general liquor service and late night hours of operation past 11 p.m., subject to the
attached Conditions of Approval.
ENVIRONMENTAL DETERMINATION
In accordance with CEQA, the City conducted an Initial Study for this project. The results of
the study determined that no significant impacts would be created as a result of this project.
Based upon the information provided in the environmental assessment, Staff recommends that
the Planning Commission adopt the Negative Declaration prepared for this project. The Initial
Study and the findings in support of the Negative Declaration are included as an attachment to
this report.
PROJECT DATA
Site Data:
Gross Lot Area:
Net Lot Area:
.33 acres (14,550 square feet)
.20 acres (8,630 square feet)
Site Utilization:
Building Coverage:
Landscape Coverage:
Paving Coverage:
41%
7%
52%
3,528 sq. ft.
590 sq. ft.
4,512 sq. ft.
Staff Report - Planning Commission Meeting of November 24, 1998
S 98-17 & UP 98-11 - 368 E. Campbell Avenue
Page 2
Total Building Area:
Floor Area Ratio (FAR):
5,523 square feet
.64
Parking:
Provided:
Required:
14 parking spaces
14 parking spaces* (8 standard, 5 compact, and 1 disabled)
* Required Parking is based upon approval of a commercial building consisting of retail and office uses.
Billiard Hall Data:
Hours of Operation:
Sunday-Thursday 7:00 a.m. to 12:00 a.m.
Friday & Saturday 7:00 a.m. to 2:00 a.m.
DISCUSSION
Applicant's Proposal: The applicants are requesting approval of two separate applications, a Site
and Architectural Review Permit (S 98-17) to allow the development of a two-story commercial
building in the Downtown area, and a Conditional Use Permit (UP 98-11) to allow the
establishment of a billiard hall in the proposed commercial building with incidental on-sale
general liquor service and late night hours of operation after 11:00 p.m.
The project site is located on the southeast comer of Central Avenue and East Campbell Avenue
and is within the City's Redevelopment Project Area. The site is surrounded by commercial
offices to the south, commercial offices and retail uses to the north across E. Campbell Avenue, a
hair salon to the east and a restaurant to the west across Central Avenue. The site is currently
developed with an auto repair business, which will be demolished to accommodate development
of the new project.
ANALYSIS
General Plan Designation: The General Plan land use designation for the project site is
commercial. The proposed two-story commercial building and billiard establishment, with
incidental on-sale general liquor service and late night hours of operation past i I p.m., are
commercial uses which are consistent with the General Plan.
Central Campbell Redevelopment Plan: The project site is located in the Central Campbell
Redevelopment Project Area within the Downtown area of the City. The Central Campbell
Redevelopment Project Area was created by the Redevelopment Agency to encourage
elimination of visual, economic, physical and social blight and to facilitate redevelopment of the
project area. The goals for redevelopment of the project area are specified in the Central
Campbell Redevelopment Plan. The project site is also located within the City's Downtown area
and is subject to the goals and policies of the Campbell Downtown Development Plan. The
proposed commercial building and billiard establishment are consistent with the goals of both the
Staff Report - Planning Commission Meeting of November 24, 1998
S 98-17 & UP 98-11 - 368 E. Campbell Avenue
Page 3
Central Campbell Redevelopment Plan and the Campbell Downtown Development Plan as
follows:
a) Enhances the downtown as the civic, economic and cultural center of activity for the City
of Campbell.
b) Enhances the identity of the downtown as a central business district that serves as a
meeting place for local residents as well as a destination.
c) Facilitates the development of downtown as an economically viable commercial district.
d) Encourages a mix of economically viable commercial uses in the downtown creating a
balance of daytime and evening activities.
e) Enhances the pedestrian-oriented environment of the downtown.
~ Ensures that the new building in the downtown will be of high architectural design
quality and provides architectural diversity in the downtown.
Zonint Designation: The zoning designation for the project site is C-3-S (Central Business
District). The proposed two-story commercial building is a permitted use within this district.
The proposed billiard establishment is not a specifically identified use in the C-3-S zone.
However, under Section 21.26.030 (Uses Permitted with Use Permits) of the C-3-S zone and
pursuant to Section 21.59.070 of the Zoning Ordinance, the Planning Commission may make a
finding that such a use is similar to other uses permitted in that zoning district with approval of a
Conditional Use Permit.
A billiard establishment is a commercial entertainment use that is similar to an ,,M'cade with
amusement devices and games. Arcades are specifically listed as a permitted use within the C-3-
S zone with approval of a Conditional Use Permit. Staff recommends that the Planning
Commission find that the proposed billiard hall is similar to an Arcade, with approval of a Use
Permit.
Site and Architectural Review Permit
Site Layout: The proposed site plan indicates the construction of a two-story, 5,523 square foot
commercial building on the southeast comer of Central Avenue and E. Campbell Avenue. The
building will be set back 14 feet from Campbell Avenue and 12.5 feet from Central Avenue. A
parking lot, providing 14 parking spaces, will be constructed behind the building and will be
accessed from Central Avenue. A planter area is provided along the southern property line to
screen the parking spaces. An outdoor patio enclosure is also provided facing the parking lot at
the back of the building.
Buildin~ Design: The proposed building will incorporate a simplified mission revival style of
architecture with a stucco exterior, use of arches and arched windows, and a scalloped parapet to
accent the facade at the street comer. In addition, the building will be accented by a wrought-
iron balcony on the second floor at the comer of the building. Additional architectural accents
include brick wainscoting at the base of the building, decorative stucco cornice treatments, and
recessed windows with wood trim.
Staff Report - Planning Commission Meeting of November 24, 1998
S 98-17 & UP 98-11 - 368 E. Campbell Avenue
Page 4
A color and material board has been submitted which shows the body of the building to be a
warm gray tone and the window trims and cornice to be painted white.
Staff has reviewed the elevations and is supportive of the proposed design of the commercial
building with the minor additional recommendations that additional colors be used to accent the
cornice and window trims, and to further alleviate the appearance of a fiat building wall. Staff
has added conditions of approval which reflect these revisions to the building design.
Parkinz: The applicant is providing 14 parking spaces which is the required number of parking
spaces for a commercial building with retail and office uses, consistent with the C-3-S zoning
district. Other billiard halls within the City have previously been approved using such
commercial parking standards and Staff has noted no problems with the use of these parking
standards at these existing billiard halls.
The applicant is also requesting approval of a parking adjustment to parking space dimensions
which do not meet the standard parking dimensions of 9 feet (width) by 20 feet (length). The
proposed "standard" parking dimension is 8.5 feet (width) by 20 feet (length). Planning Staff is
supportive of this request and does not anticipate maneuverability and/or parking problems with
the lessened parking stall widths.
Conditional Use Permit
Proposed Billiard Establishment: The proposed billiard establishment will occupy the entire
5,523 square foot. two-story commercial building and is proposed to be an upscale, family-
oriented billiard hall, which would allow minors to enter and/or play billiards. The billiard hall
will consist of billiard tables, a separate full-service bar area, and a private pool room for parties.
There will also be large screen televisions for patrons to watch sporting events. The Use Permit
request is to establish a billiard hall as a primary business use with space predominantly devoted
for billiard tables. The separate bar area is limited to a small portion of the tenant space and is
only an incidental use to the billiard hall. In addition, the billiard establishment will offer catered
food from surrounding restaurants in the Downtown Campbell area as a means to provide food
service. The applicant has submitted a description letter of the business and proposes to employ
approximately 5-7 employees per shift. The applicant states that the majority of the customers
are anticipated to patronize the business after 7:00 p.m.
Campbell Municipal Code: Billiard halls are specifically identified and regulated under Chapter
5.28 (Pool and Billiard Halls - Business License and Regulations) of the Campbell Municipal
Code. The operator of a billiard establishment is required to obtain two (2) separate City permits
to operate such a use. Approval of a Use Permit is required to regulate the use and location of
billiard halls within the City. Approval of a Billiard Hall Permit is required to allow the Police
Department to review the background and competence of a billiard hall operator. This permit
requires approval by the City Council. A condition of approval has been added that requires the
Staff Report - Planning Commission Meeting of November 24, 1998
S 98-17 & UP 98-11 - 368 E. Campbell Avenue
Page 5
applicant and/or operator of the billiard hall to obtain approval of a Billiard Hall Permit prior to
operation of the use.
Liquor License: In conjunction with the billiard establishment, a separate full-service bar and
incidental on-sale general liquor service are proposed. The serving of alcoholic beverages for the
use is ancillary to the primary use of the building as a billiard hall. Conditions of approval have
been added to mitigate adverse impacts associated with the serving of alcohol. In addition, a
condition of approval has been added to require compliance with the State Department of
Alcoholic Beverage Control.
Hours of Operation: The applicant is requesting approval of the following hours of operation:
Sunday - Thursday
Friday 8,: Saturday
7:00 a.m. to 12:00 a.m.
7:00 a.m.. to 2:00 a.m.
The Campbell Police Department has reviewed the application and has no concerns or objections
with the proposed billiard establishment with the proposed late night hours of operation and on-
sale general liquor service.
Minors: The proposed billiard establishment intends to permit minors to enter and/or play
billiards if accompanied by a parent or legal guardian. The City recently adopted an amendment
to the Pool and Billiards Hall ordinance under Chapter 5.28.030 of the Campbell Municipal Code
which includes a provision that permits minors under the age of 21 years to enter and/or play
billiards in billiard halls where on-premises alcoholic beverages are offered, if approved by a
Conditional Use Permit. Such approval is contingent upon approval of a billiard hall permit by
the City Council and subject to the approval by the State of California Department of Alcoholic
Beverage Control.
Staff has added conditions of approval to ensure that the billiard establishment will be safe for
the presence of minors. These conditions are included as part of a management plan whereby
employees will be trained to take reasonable precaution to ensure that no minors under the age of
14 shall be permitted to enter without being accompanied by a parent or legal guardian, that no
minors under 21 years of age are sold or served alcoholic beverages on the premises, and that
employees are trained to either remove customers creating disturbances on the premises and/or
seek assistance by the Police Department.
Site and Architectural Review Committee: The Site and Architectural Review Committee
reviewed the application at its meeting of November 10, 1998 and expressed the following
comments:
The proposed use of retail and office parking standards for the billiard establishment is a
concern. The Committee expressed concerns that the billiard establishment will need more
parking than would be provided using retail and office parking standards.
Staff Report - Planning Commission Meeting of November 24, 1998
S 98-17 & UP 98-11 - 368 E. Campbell Avenue
Pa~e 6
2. The Committee is supportive of the parking adjustment to the standard parking stall size to
use 8.5 feet parking stall widths rather than 9 feet stall widths.
The applicant should review the location of the disabled person parking space to ensure that
the support column of the building does not interfere with the use of the striped access area
and meets Americans with Disabilities Act requirements.
The pattern and proportion of the windows and architectural details on the first floor lack
relationship to the pattern and proportion of windows and architectural details on the second
floor. The Committee recommends that the applicant revise the elevations to provide
consistent proportions of the windows and architectural details between the first and second
floors.
o
The arched walkway opening along the west side of the building facing Central Avenue is
large and is disproportionate to the arched windows on the building. The Committee
recommends that the elevation be revised to incorporate arched openings which are of the
same proportions as the arched windows. In addition, the Committee added that metal grids
be added within the openings to simulate the design of the arched windows.
The driveway width throughout the parking lot should be widened to 25 feet to allow
sufficient back-up space for any vehicle parked in space no. 7 along the east side of the
property. The Committee recommended that the planter along the east elevation be shortened
to accomplish the wider driveway width.
The colored perspective is not accurately drawn and does not depict the proposed setback of
the building from the street. The Committee recommends that the perspective be revised to
depict the proposed setbacks from the streets.
8. Additional landscaping should be incorporated along the street frontages adjacent to the
building.
°
The floor plans of the building and the proposed billiard establishment layout should be
consistent. In addition, the floor plans should indicate the flow path of customers within the
building.
10. The applicant should review plans to ensure compliance with Americans with Disabilities
Act requirements.
11. The Committee recommends that a condition of approval be added which requires that the
applicant demonstrate that there is no contamination on site due to the current and previous
use of the site as an auto repair business.
Staff Report - Planning Commission Meeting of November 24, 1998
S 98-17 & UP 98-11 - 368 E. Campbell Avenue
Page 7
Attachments:
1. Findings for approval of S 98-17
2. Conditions of Approval for S 98-17
3. Findings for approval of UP 98-11
4. Conditions of Approval for UP 98-11
5. Business Description for the billiard establishment
6. Letter dated November 19, 1998 from Gary Merlo describing the Management Plan.
7. Exhibits
8. Initial Study
9. Location Map
Prepared by:
Aki R. Ir~an~nner I
Approved by:
~eve Piasecki, Community Development Director