Reinstatement of Site - 199912/12/2000
Geoff Bradley,
CUSTOM HOMES · REMODELING
Tom Dodge Builders intends to demo building
at 368 East Campbell Ave. on Thursday, Dec. 14th.
Soil samples have been taken and tested, our
delay on building demo was to protect area from
the rain. We scheduled demo o.n the 13th, but now
believe that the 14th is a better date. PG&E wants
to check the site, before signing off on the conditional
demo permit, and cannot do that until Wednesday
the 13th. The Santa Clara Fire Dept. has agreed to sign
off the demo application today. If you have any Questions
please call Rick Noble, at Tom Dodge Builders 559-0200
Rick Noble
851 McGlincey Lane Campbell, CA 95008
408/559-0200 FAX: 408/371-5373
License No. 308413
RESOLUTION NO. 3320
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A SIX MONTH EXTENSION
(PLN2000-170) TO A PREVIOUSLY-APPROVED SITE AND
ARCHITECTURAL APPROVAL (S 98-17) TO ALLOW THE
CONSTRUCTION OF A NEW TWO-STORY BUILDING IN THE
DOWNTOWN 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. PLN2000-170
(S 98-17).
After notification and public hearing, as specified by law, and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the Planning Commission did find as follows
with respect to application PLN2000-170 (S 98-17).
There have been no changes in the General Plan and the zoning of the property since the
previous approval of the project.
There have been no changes in the development standards or regulations that would
warrant change to the conditions of approval, other than the request for an extension of
time.
o
The applicant is requesting the extension of time to facilitate the completion of the
project.
°
There have been no changes in the proposed project other than the request for an
Extension of time.
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
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 Extension of time to the Site and Architectural Review Permit (S 98-17) for this
project is for a period of one-year from the date of the Planning Commission approval.
Planning Commission Resolution No. 3320
PLN2000-170 (S 98-17) -- 368 E. Campbell Avenue - Six Month Extension of Site Approval
Page 2
o
The proposed site is adequately served by streets of sufficient capacity to carry the kind
and quantity of traffic the proposed use would generate.
o
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 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. The lead department with which the applicant will work is identified on each
condition where necessary. 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 Six-Month Extension
(PLN2000-170) for a previously approved Site and Architectural Review Permit (S 98-17) to
allow the development of a two-story, 5,523 square foot commercial building on property
located at 368 E. Campbell Avenue. The Extension of Time for the Site and Architectural
Review Permit is valid for a period of six months from the previous Planning Commission
approval and will expire on May 24, 2001.
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.
PASSED AND ADOPTED this 12th day of December, 2000, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Doorley, Francois, Gibbons, Hemandez, Jones, Lindstrom,
Lowe
None
None
None
APPROVED:
Elizabeth Gibbons, Chair
ATTEST:
Sharon Fierro, Secretary
Planning Commission Minutes of December 12, 2000 Page 3
Chairperson Gibbons advised Commissioner Doorley that the property owner is responsible for
the cost of the installation of the improvements and not the City.
Commissioner Doofley stated that he was well aware of the monetary responsibility but rather
wanted to inquire about the uniform appearance of the street if only one house had street
improvements. Recommended consideration of deferring the improvements until a later date.
Mr. Tim J. Haley clarified that when the Public Works Department find that installing the
improvements is not practical, they defer those improvements to a later date. In this case, they
find it practical to install these improvements at this time.
Chairperson Gibbons asked if there is presently an existing drainage problem in the area.
Mr. Tim J. Haley replied no. He added that one reason improvements might be deferred is if
their installation would create problems. That is not the case in this circumstance.
Commissioner Lindstrom presented the Site and Architectural Review Committee report as
follows:
· Advised that the project is developed at just 37 percent FAR when 45 percent is allowed.
· Stated that SARC is in support of the project and particularly liked the design of the
garages.
Chairperson Gibbons opened the Public Heating for Agenda Item No. 1.
Chairperson Gibbons closed the Public Heating for Agenda Item No. 1.
Motion:
Upon motion of Commissioner Lindstrom, seconded by Commissioner
Lowe, the Planning Commission adopted Resolution No. 3319 granting a
Site and Architectural Approval (PLN2000-165) to allow the construction
of a new two-story single-family residence on property located at 1079 W.
Parr Avenue, by the following roll call vote:
AYES: Doorley, Francois, Gibbons, Hernandez, Jones, Lindstrom,
Lowe
NOES: None
ABSENT: None
ABSTAIN: None
Chairperson Gibbons advised that this action is final in 10 days, unless appealed in writing to
the City Clerk.
Chairperson Gibbons read Agenda Item No. 2 into the record.
2. PLN2000-170 Public Hearing to consider the application of Mr. Jeff Wyatt for an
Wyatt, J. Extension (PLN2000-170) to a previously-approved Site and
Planning Commission Minutes of December 12, 2000 Page 4
Architectural Approval to allow the construction of a new
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 prepared for this project.
Planning Commission decision final in 10 days, unless appealed in
writing to the City Clerk.
Mr. Geoff I. Bradley, Senior Planner, presented the staff report as follows:
Stated that the Site and Architectural Approval was originally granted on November 24,
1998. A one-year extension was approved on December 14, 1999. The applicant is before
the Commission this evening seeking a second extension. Added that Pockets is no longer
affiliated with the project and the building will be constructed as a traditional office over
retail space. The owners will secure tenants for the site.
· Advised that building plans are in, fees have been paid and a demolition permit is being
processed.
· Staff is seeking to avoid the need for a third approval, should this project not be constructed
for another year, and is recommending a six-month extension for commencement of
construction or until May 24, 2001. The existing building is slated for demolition this
month. Per the applicant, the building will be completed by August 1, 2001.
Commissioner Lindstrom asked for the reasoning behind staff's recommendation to offer only
a six-month extension.
Mr. Geoff I. Bradley replied that the applicant has already had two years to begin the project.
If this project is not going to be built, it is better to know sooner rather than later.
Ms. Sharon Fierro added that it is rare to grant several extensions. This is an important
property in Downtown Campbell, which has been in disrepair for a long time.
Commissioner Francois questioned whether the applicant is comfortable with the six-month
limitation.
Mr. Geoff I. Bradley advised that the applicant himself offered six months as a compromise.
Chairperson Gibbons opened the Public Heating for Agenda Item No. 2.
Mr. Tom Cain, Representative for Applicant:
· Stated that he was available for any questions.
Commissioner Lindstrom asked Mr. Cain if the applicant is comfortable with the six-month
extension.
Mr. Tom Cain replied yes and reminded the Commission that the existing building will be
demolished on December 14th.
Planning Commission Minutes of December 12, 2000 Page 5
Commissioner Doorley asked staff if they had any concerns about the change in uses from the
original proposal for Pockets.
Mr. Geoff I. Bradley advised that the building was envisioned as a retail over office use when
originally reviewed and was designed and approved as a building that would allow flexible
uses of the site over the years.
Chairperson Gibbons closed the Public Heating for Agenda Item No. 2.
Motion:
Upon motion of Commissioner Lowe, seconded by Commissioner
Hernandez, the Planning Commission adopted Resolution No. 3320
approving a six-month Extension (PLN2000-170) to a previously-approved
Site and Architectural Approval to allow the construction of a new two-
story commercial building on property located at the 368 E. Campbell
Avenue, by the following roll call vote:
AYES: Doorley, Francois, Gibbons, Iternandez, Jones, Lindstrom,
Lowe
NOES: None
ABSENT: None
ABSTAIN: None
Chairperson Gibbons advised that this action is final in 10 days, unless appealed in writing to
the City Clerk.
Chairperson Gibbons read Agenda Item No. 3 into the record.
3. PLN2000-133
Bennett, T.
Hearing to consider the application of Mr. Tim Bennett, on behalf
of Legacy Partners, for approval of a Sign Program (PLN2000-
133) for Vasona Technology Park on property located at 200-250
E. Hacienda and 1315-1357 Dell Avenue in a CM/B-80
(Controlled Manufacturing) Zoning District. This project is
Categorically Exempt. Planning Commission decision final in 10
days, unless appealed in writing to the City Clerk.
Mr. Tim J. Haley, Associate Planner, presented the staff report as follows:
· Advised that the applicant is seeking approval of a Sign Program for the Vasona
Technology Park.
· Reminded that the Commission recently approved the conversion of this park from
manufacturing uses to research and development. That approval incorporated the new
landscaping for the site and modification of the parking area. There was a requirement for
approval of a Sign Program, which this application will satisfy.
· The proposed Sign Program incorporates 17 signs that include smaller signs and
freestanding signs at the entrances to identify the addresses and vinyl window signs. The
ITEM NO. 2
STAFF REPORT - PLANNING COMMISSION MEETING OF
DECEMBER 12, 2000
PLN2000-170
Wyatt, J.
Public Heating to consider the application of Mr. Jeff Wyatt for
approval of a Reinstatement (PLN2000-170) of a previously granted
Site and Architectural Approval (S 98-17) to allow the construction of a
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, approving a Six Month Extension
(PLN2000-170) of time to a previously approved Site and Architectural Approval (S 98-17)
to allow the development of a two-story commercial building.
ENVIRONMENTAL DETERMINATION
A Negative Declaration was previously granted for this project.
PROJECT DATA
Site Data: Proposed Project Required/Allowed
Gross Lot Area: .33 acres (14,550 square feet) n/a
Net Lot Area: .20 acres (8,630 square feet) n/a
Site Utilization:
Building Coverage:
Landscape Coverage:
Paving Coverage:
41% 3,528 square feet 100% max.
7% 590 square feet n/a
52% 4,512 square feet n/a
Total Building Area:
Floor Area Ratio (FAR):
5,523 square feet 17,260 s.f. max.
.64 2.0 max.
Parking: 14 14
*Required Parking is based upon approval of a commercial building consisting of retail and
office use.
Staff Report - Planning Co~.mission Meeting of December 12, 2000
PLN2000-170 (S 98-17) - 368 E. Campbell Avenue
Page 2
DISCUSSION
Applicant's Proposal: The applicant is requesting approval of a one-year Extension to a Site and
Architectural Approval (S 98-17) to allow the development of a two-story commercial building.
The building was originally approved together with a Conditional Use Permit (UP 98-11) to
allow for the establishment of a billiard hall with an on-sale general liquor license and late night
hours of operation past 11:00 p.m.
These approvals were originally granted on November 24, 1998, requiring starting construction
of the project within one (1) year after the approval date. The applicants subsequently applied
for a one-year Extension on December 14, 1999. At this time, the applicant is seeking a second
Extension (PLN2000-170) to allow an additional one-year extension for this Site and
Architectural Approval. The property owner/applicant is no longer planning to lease the tenant
space to Pockets Billiards. Instead, the proposal is for retail space on the first floor and office
space on the second floor. The applicant is currently in the process of obtaining building permits
to begin demolition of the existing auto repair building and construction of the project, and are
requesting permission to extend the Site and Architectural Approval for an additional year to
November 24, 2001 to allow completion of the project. The subject property is located within
the Downtown area on the southeast comer of Central Avenue and East Campbell Avenue.
ANALYSIS
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
two-story commercial building and the establishment of the billiard hall, subject to conditions of
approvals. During the meeting, the Planning Commission expressed concerns regarding lack of
architectural details on the building and required that a conditional approval be granted for the
project with the requirement that the applicant revise the plans to incorporate additional
architectural details and that the revised plans be submitted for review and approval by the Site
and Architectural Review Committee prior to issuance of building permits.
Extension of the Site and Architectural Review Permit: The application for the Extension of
time to the previously approved Site and Architectural Approval (S 98-17) does not entail any
revisions to the previously approved plans other than the incorporation of additional architectural
details and features as required by the Site and Architectural Review Committee and the
conditions of approval for the project.
On December 1, 1999, the current applicant, Mr. Jeff Wyatt, submitted revised plans
incorporating the changes required by the Site and Architectural Review Committee and the
conditions of approval. The applicant has submitted for Building Permit Plan Check. The
recommendation for approval is based on assurances that the demolition and start of construction
will occur before the end of the year. The underground vehicle lifts are currently being removed
from the property and environmental clearance is being obtained from the Bay Area Water
Quality District. Completion of the building is projected to be August 2001.
Staff Report - Planning Coh~mission Meeting of December 12, 2000
PLN2000-170 (S 98-17) - 368 E. Campbell Avenue
Page 3
Due to the long term delays in construction of this project, staff is recommending a 6 month
extension only. The previous approval for the one year extension provided ample opportunity to
construct the project. The applicant would have until May 24, 2001 to fully vest the approval.
This would require completion of substantial construction, such as completion of the foundation,
at a minimum.
Site and Architectural Review Committee: The Site and Architectural Review Committee did not
review this application given that the applications entail only a request for an Extension of time
to the previously approved Site and Architectural Review Permit and Use Permit. No other
changes are requested of the previous approvals.
Attachments:
1. Findings for Approval -- Extension (PLN2000-170) to a Site and Architectural Approval (S
98-17)
2. Conditions of Approval -- Extension (PLN2000-170) to the Site and Architectural Approval
(S 98-17)
3. Applicant's Letter of Request dated November 30, 2000
4. PC Resolution No.3249 (Extension/Site & Architectural Approval)
5. PC Resolution No.3250 (Extension/Use Permit)
6. PC Minutes and Staff Report-- December 14, 1999
7. PC Resolution No. 3206 (Original Site and Architectural Approval)
8. PC Resolution No. 3207 (Original Use Permit Approval)
9. PC Minutes & Staff Report -- November 24, 1998
Prepared by:
Approved by:
~eo{ff I. Bra~lley, Senior Planner /
Shardn FiEf/o, Community Develo~ptnent Director
Attachment No. 1
FINDINGS FOR APPROVAL FOR A SIX MONTH EXTENSION (PLN2000-170) TO A
SITE AND ARCHITECTURAL APPROVAL (S 98-17)
SITE ADDRESS: 368 E. Campbell Avenue
APPLICANT: Jeff Wyatt
P.C. MEETING: December 12, 2000
Findings for Approval for a Six-Month Extension of Time
to a previously approved Site and Architectural Approval (S 98-17)
to allow the development of a two-story commercial building
The Planning Commission finds as follows with regard to the Extension (PLN2000-170) of a
previously approved Site and Architectural Approval (S 98-17):
There have been no changes in the General Plan and the zoning of the property since the
previous approval of the project.
There have been no changes in the development standards or regulations that would
warrant change to the conditions of approval, other than the request for an extension of
time.
o
The applicant is requesting the extension of time to facilitate the completion of the
project.
There have been no changes in the proposed project other than the request for an
Extension of time.
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The proposed project is consistent with the General Plan and the local zoning ordinance.
2. The proposed project as conditioned will aid in the harmonious development of the
immediate area.
o
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 Extension of time to the Site and Architectural Review Permit (S 98-17) for this
project is for a period of one-year from the date of the Planning Commission approval.
Findings - Planning Commission Meeting of December 12, 2000
PLN2000-170 (S 98-17)-368 E. Campbell Ave-Reinstatement of Site & Architectural Approval
Page 2
5. The proposed site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic the proposed use would generate.
6. 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.
Attachment No. 2
CONDITIONS OF APPROVAL FOR A SIX MONTH EXTENSION (PLN2000-170) FOR
A PREVIOUSLY APPROVED SITE AND ARCHITECTURAL APPROVAL (S 98-17)
SITE ADDRESS: 368 E. Campbell Avenue
APPLICANT: Jeff Wyatt
P.C. MEETING: December 12, 2000
The applicant is hereby notified, as part of this application, that he/she is required to meet the
following conditions in accordance with the Ordinances of the City of Campbell and the State of
California. Additionally, the applicant is hereby notified that he/she is required to comply with
all applicable Codes or Ordinances of the City of Campbell and the State of California that
pertain to this development and are not herein specified.
COMMUNITY DEVELOPMENT DEPARTMENT:
1. Development Approval Expiration: Approval is granted for a Six-Month Extension
(PLN2000-170) for a previously approved Site and Architectural Review Permit (S 98-17) to
allow the development of a two-story, 5,523 square foot commercial building on property
located at 368 E. Campbell Avenue. The Extension of Time for the Site and Architectural
Review Permit is valid for a period of six months from the previous Planning Commission
approval and will expire on May 24, 2001.
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.
11-30-2000 I:IOPM FROM WYATT ENTERPRISES 408867889~
Attachment #3
No¥¢mf~r ~O, 2000
City of Campbell
Platming Department
A6ention: Geoff .Bri~dl¢¥
Dear Geoff,
I would like to formally request an extension of approval for the construction of a new
building at 368 E. Campbell Avenue. Since the previous purr. baser backed out of escrow
my wife and I have taken st~ps to construct ~ building ourselve.~. We Pave lure{l Tom
Dodge Builders to build the lmildiag and Cornish & Catty Commercial has been hired to
lea.~ tl~ building.
At this rime we are m the process of obt~ting our demo permit. The hydraulic lifts have
be~n removed, the Offsite Improvement Bond is prepared, the building permit is ready to
be italini within day~ and Tm'n Dodgc Builde~ aec p~'par~d to b~&in. Wc ~ima~
completion of the building to be August 2001, weather pending. Thank you for your
consideration.
Since. rely,
Jeff & Gayl~ne Wyatt
Attachment #4
RESOLUTION NO. 3249
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING AN EXTENSION (PLN99-16) TO A
PREVIOUSLY-APPROVED SITE AND ARCHITECTURAL APPROVAL
(S 98-17) TO ALLOW THE CONSTRUCTION OF A NEW TWO-STORY
BUILDING IN THE DOWNTOWN 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.
PLN99-16 (S 98-17).
After notification and public hearing, as specified by law, and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the Planning Commission did find- as follows
with respect to application PLN99-16 (S 98-17).
There have been no changes in the General Plan and the zoning of the property since the
previous approval of the project.
There have been no changes in the development standards or regulations that would
warrant change to the conditions of approval, other than the request for an extension of
time.
The applicant is requesting the extension of time to facilitate the completion of the project.
There have been no changes in the proposed project other than the request for an Extension
of time.
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The proposed project is consistent with the General Plan and the local zoning ordinance.
2. 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 Extension of time to the Site and Architectural Review Permit (S 98-17) for this project
is for a period of one-year from the date of the Planning Commission approval.
Planning Commission Reso,,tion No. 3249
PLN99-16 (S 98-17) -- 368 E. Campbell Avenue- Extension of Site Approval
Page 2
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 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. The lead department with which the applicant will work is identified on each
condition where necessary. 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 One Year Extension (PLN99-
16) of time to a previously approved Site and Architectural Review Permit (S 98-17) to allow
the development of a two-story, 5,523 square foot commercial building on property located at
368 E. Campbell Avenue. The Extension of Time for the Site and Architectural Review
Permit is valid for a period of one year from the previous Planning Commission approval and
will expire on November 24, 2000.
¸2.
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.
PASSED AND ADOPTED this 14th day of December, 1999, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Francois, Gibbons, Hernandez, Jones, Kearns, Lowe
None
Lindstrom
None
APPROVED:
Brad Jones, Ch 'ra~
ATTEST:
Sharon Fierro, Secretary
Attachment //5
RESOLUTION NO. 3250
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING AN EXTENSION (PLN99-22) TO A
PREVIOUSLY-APPROVED CONDITIONAL USE PERMIT (UP 98-11) TO
ALLOW A BILLIARD ESTABLISHMENT ON PROPERTY LOCATED AT
368 E. CAMPBELL AVENUE IN THE C-3-S (CENTRAL BUSINESS
DISTRICT) ZONING DISTRICT. APPLICATION OF MR GARY MERLO.
FILE NO. PLN99-21 (UP 98-11).
After notification and public hearing, as specified by law, and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the Planning Commission did find as follows
with respect to application PLN99-21 (UP 98-11).
There have been no changes in the General Plan and the zoning of the property since the
previous approval of the project.
There have been no changes in the development standards or regulations that would
warrant change to the conditions of approval, other than the request for an extension of
time.
o
The applicant is requesting the extension of time to facilitate the completion of the
project.
There have been no changes in the proposed project other than the request for an
Extension of time.
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The proposed project is consistent with the General Plan and the local zoning ordinance.
2. 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 Extension of time to the Conditional Use Permit (UP 98-11) for this project is for a
period of one-year from the date of the Planning Commission approval.
Planning Commission Resomtion No. 3250
PLN99-21 (UP 98-11) -- 368 E. Campbell Avenue - Extension of Use Permit (Pockets)
Page 2
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 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. The lead department with which the applicant will work is identified on each
condition where necessary. 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 One Year Extension (PLN99-
21) of time to a previously approved Conditional Use Permit (UP 98-11) to allow the
establishment of a billiard hall within a two-story commercial building to be constructed at
368 E. Campbell Avenue, and to allow an incidental on-sale general liquor license and late
night hours of operation for the billiard hall. The Extension of Time for the Conditional Use
Permit (UP 98-11) is valid for a period of one year from the previous Planning Commission
approval and will expire on November 24, 2000.
Previous Conditions: All conditions of approval of the previously approved Conditional Use
Permit (UP 98-I1) as approved by Resolution No. 3207 shall remain in effect, except as
modified by conditions herein.
PASSED AND ADOPTED this 14th day of December, 1999, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners: None
Commissioners: Lindstrom
Commissioners: None
Francois, Gibbons, Hernandez, Jones, Kearns, Lowe
APPROVED:
Brad Jones,/Chair
ATTEST:
Sharon Fierro, Secretary
Attachment #6
Planning Commission Minutes of December 14, 1999
Page 3
Chairman Jones read Agenda Item No. 2 into the record.
PLN1999-00016
Wyatt/Merlo
Public Hearing to consider the application of Mr. Jeff Wyatt and
Mr. Gary Merlo for approval of an Extension (PLN 1999-00016) to
a previously-approved Site and Architectural Approval (S 98-17) to
allow the construction of a new two-story building in the
Downtown area and a Conditional Use Permit (UP 98-11 ) to allow
a billiard establishment on property located at 368 E, Campbell
Avenue in the C-3-S (Central Business District) Zoning District. A
Negative Declaration has been prepared for this project. Planning
Commission decision final unless appealed in writing to the City
Clerk within 10 days.
Ms. Sharon Fierro, Interim Community Development Director, presented the staff report as
follows:
Advised that the applicants are seeking an extension to a Site Approval and Conditional Use
Permit.
· Stated that there are no changes to the originally approved plans except for the required
modifications to the elevations, which have been completed.
· Said that there are no changes in circumstances and staff is recommending approval of the
extension.
Chairman Jones opened the Public Hearing for Agenda Item No. 2.
Chairman Jones closed the Public Hearing for Agenda Item No. 2.
Motion:
Upon motion of Commissioner Hernandez, seconded by Commissioner
Kearns, the Planning Commission adopted:
A. Resolution No. 3249, approving a one year extension (PLN99-16) to a
previously-approved Site and Architectural approval (S 98-17) to
allow the construction of a new two-story building in the Downtown
area; and
B. Resolution No. 3250, approving a one year extension (PLN99-22) for
a previously-approved Conditional Use Permit (UP 98-11) to allow a
billiard establishment at 368 E. Campbell Avenue, by the following
roll call vote:
AYES: Francois, Gibbons, Hernandez, Jones, Kearns, Lowe
NOES: None
ABSENT: Lindstrom
ABSTAIN: None
This approval is final, unless appealed in writing to the City Clerk within 10 days.
STAFF REPORT - PLANNING COMMISSION MEETING
OF DECEMBER 14, 1999
PLN99-16
PLN99-21
(S 98-17/UP 98-11)
Wyatt, J.
Merlo, G.
Public Hearing to consider the applications of Mr. Jeff Wyatt and Mr.
Gary Merlo for approvals of an Extension (PLN99-16) of time to a
previously approved Site and Architectural Review Permit (S 98-17) for
the construction of a two-story commercial building and an Extension
(PLN99-21) of time to a previously approved Conditional Use Permit
(UP 98-11) for the establishment of a billiard hall within the commercial
building with incidental on-sale general liquor service and extended
hours of operation past 11 p.m. on property located at 368 E. Campbell
Avenue in a C-3-S (Central Business District) Zoning District.
STAFF RECOMMENDATION
That the Planning Commission take the following actions:
1)
Adopt a resolution, incorporating the attached findings, approving a One-Year Extension
(PLN99-16) of time to a previously approved Site and Architectural Review Permit (S 98-17)
to allow the development of a two-story commercial building; and
2)
Adopt a resolution, incorporating the attached findings, approving a One-Year Extension
(PLN99-16) of time to a previously approved Use Permit (UP 98-11) to allow the
establishment of a billiard hall with an on-sale general liquor license and late night hours of
operation past 11 p.m. within the commercial building.
ENVIRONMENTAL DETERMINATION
A Negative Declaration was previously granted for this project.
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% 3,528 square feet
7% 590 square feet
52% 4,512 square feet
Total Building Area:
Floor Area Ratio (FAR):
5,523 square feet
.64
Staff Report - Planning Commission Meeting of December 14, 1999
PLN99-16/PLN99-21 (S 98-17/UP 98-11) - 368 E. Campbell Avenue
Page 2
Parking:
Provided:
Required:
14 parking spaces
14 parking spaces
*Required Parking is based upon approval of a commercial building consisting of retail and
office use.
Billiard Hall Data:
Hours of Operation:
Sunday - Thursday
Friday & Saturday
7:00 a.m. to 12:00 a.m.
7:00 a.m. to 2:00 a.m.
DISCUSSION
Applicants' Proposal: The applicants are requesting approval of a One-Year Extension of Time
to a Site and Architectural Review Permit (S 98-17) and a Conditional Use Permit (UP 98-11) to
allow the development of a two-story commercial building for the establishment of a billiard hall
with an on-sale general liquor license and late night hours of operation past 11:00 p.m. The
approvals were originally granted on November 24, 1998 and require completion of the project
within one (1) year after the approval date. The applicants are currently in the process of
obtaining building permits to begin demolition of the existing auto repair building and
construction of the project, and are requesting permission to extend the Site and Architectural
Review Permit and Use Permit approvals for an additional year to November 24, 2000 to allow
completion of the project. The subject property is located within the Downtown area on the
southeast comer of Central Avenue and East Campbell Avenue.
ANALYSIS
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
two-story commercial building and the establishment of the billiard hall, subject to conditions of
approvals. During the meeting, the Planning Commission expressed concerns regarding lack of
architectural details on the building and required that a conditional approval be granted for the
project with the understanding that the applicant revise the plans to incorporate additional
architectural details and that the revised plans be submitted for review and approval by the Site
and Architectural Review Committee prior to issuance of building permits.
On March 23, 1999, the original applicant at the time, Bruce Bowen, and Jeff Wyatt submitted
revised elevations to the Site and Architectural Review Committee for review that incorporated a
lowering of the building height and additional architectural details. The revised plans indicated a
lowered building height from 31.5 feet to 29.5 feet to provide better proportionality between the
first and second floors of the building, the addition of raised planters against the building along
the Campbell Avenue and Central Avenue elevations, and the addition of recessed windows on
the building. The Site and Architectural Review Committee expressed support for these changes
and further recommended additional architectural features to be added to the elevations. These
features include:
Staff Report - Planning Commission Meeting of December 14, 1999
PLN99-16/PLN99-21 (S 98-17/UP 98-11) - 368 E. Campbell Avenue
Page 3
· The addition of transoms over the windows to provide consistency with the proposed
transom windows over the balcony doorways.
· Rounding of the balconies and railings.
· Widening of the balcony and railing at the rear of the building to provide some visual
relief to the rear elevation and to provide a more useable balcony area.
· Provision of decorative wrought-iron railings on the balconies.
· Returning of the cornice treatment at the top of the parapet toward the beveled arch
parapet at the comer of the building facing E. Campbell Avenue and Central Avenue.
· Provision of a decorative element to enhance the beveled arch parapet at the comer of the
building.
During this meeting, the Site and Architectural Review Committee concluded that the applicant
could submit building plans to be approved by Planning Staff for building permits, if Staff could
ensure that the above-referenced additional architectural details are included.
Extension of the Site and Architectural Review Permit: The application for the Extension of
time to the previously approved Site and Architectural Review Permit (S 98-17) does not entail
any revisions to the previously approved plans other than the incorporation of additional
architectural details and features as required by the Site and Architectural Review Committee and
the conditions of approval for the project.
On December 1, 1999, the current applicant, Mr. Jeff Wyatt, submitted revised plans
incorporating the changes required by the Site and Architectural Review Committee and the
conditions of approval. Staff has found a few minor changes incorporated into the plans that
were not part of the previous approvals and will work with the applicant to resolve these minor
issues to comply with the approvals.
Extension of the Use Permit: No revisions are proposed to the previously approved Use Permit
other than the request for an Extension of time.
Site and Architectural Review Committee: The Site and Architectural Review Committee did
not review this application given that the applications entail only a request for an Extension of
time to the previously approved Site and Architectural Review Permit and Use Permit. No other
changes are requested of the previous approvals.
Attachments:
1. Findings for approval of the Extension of time to the Site and Architectural Review Permit (S 98-17)
2. Conditions of Approval of the Extension of time to the Site and Architectural Review Permit (S 98-
17)
3. Findings for approval of the Extension of time to the Use Permit (UP 98-11)
4. Conditions of Approval of the Extension of time to the Use Permit (UP 98-11)
5. Applicant's Letter of Request
6. Planning Commission Resolution No. 3206, approving a Site and Architectural Review Permit
7. Planning Commission Resolution No. 3207, approving a Conditional Use Permit
Staff Report - Planning Commission Meeting of December 14, 1999
PLN99-16/PLN99-21 (S 98-17/UP 98-11) - 368 E. Campbell Avenue
Page 4
8. Planning Commission Meeting Minutes from November 24, 1998
9. Planning Commission Staff Report for November 24, 1998
10. Exhibits
11. Location Map
Prepared by:
Aki R. Irani, Planner I
Approved by:
Sharon Fierro, Interim Community Development Director
FINDINGS FOR APPROVAL OF A ONE-YEAR EXTENSION OF TIME TO A SITE
AND ARCHITECTURAL REVIEW PERMIT (S 98-17) UNDER FILE NO. PLN99-16
SITE ADDRESS: 368 E. Campbell Avenue
APPLICANT: Jeff Wyatt
P.C. MEETING: December 14, 1999
Findings for Approval of a One-Year Extension of Time to a previously approved Site and
Architectural Review Permit (S 98-17) to allow the development of a two-story commercial
building
The Planning Commission finds as follows with regard to the Extension application of Site and
Architectural Review Permit S 98-17 under File No. PLN99-16:
There have been no changes in the General Plan and the zoning of the property
since the previous approval of the project.
There have been no changes in the development standards or regulations that would
warrant change to the conditions of approval, other than the request for an extension
of time.
The applicant is requesting the extension of time to facilitate the completion of the
project.
There have been no changes in the proposed project other than the request for an
Extension of time.
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. 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 Extension of time to the Site and Architectural Review Permit (S 98-17) for this
project is for a period of one-year from the date of the Planning Commission
approval.
Findings - Planning Commission Meeting of December 14, 1999
PLN99-16 (S 98-17) - 368 E. Campbell Avenue
Page 2
o
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.
CONDITIONS OF APPROVAL FOR A ONE-YEAR EXTENSION OF TIME TO A SITE
AND ARCHITECTURAL REVIEW PERMIT (S 98-17) UNDER FILE NO. PLN99-16
SITE ADDRESS: 368 E. Campbell Avenue
APPLICANT: Jeff Wyatt
P.C. MEETING: December 14, 1999
The applicant is hereby notified, as part of this application, that he/she is required to meet the
following conditions in accordance with the Ordinances of the City of Campbell and the State of
California. Additionally, the applicant is hereby notified that he/she is required to comply with
all applicable Codes or Ordinances of the City of Campbell and the State of California that
pertain to this development and are not herein specified.
COMMUNITY DEVELOPMENT DEPARTMENT:
1. Development Approval Expiration: Approval is granted for a One Year Extension (PLN99-
16) of time to a previously approved Site and Architectural Review Permit (S 98-17) to allow
the development of a two-story, 5,523 square foot commercial building on property located at
368 E. Campbell Avenue. The Extension of Time for the Site and Architectural Review
Permit is valid for a period of one year from the previous Planning Commission approval and
will expire on November 24, 2000.
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.
FINDINGS FOR APPROVAL OF A ONE-YEAR EXTENSION OF TIME TO A
CONDITIONAL USE PERMIT (UP 98-11) UNDER FILE NO. PLN99-21
SITE ADDRESS: 368 E. Campbell Avenue
APPLICANT: Jeff Wyatt
P.C. MEETING: December 14, 1999
Findings for Approval of a One-Year Extension of Time to a previously approved Conditional
Use Permit (UP 98-11) to allow the establishment of a billiard hall with incidental on-sale
general liquor license and late night hours of operation past 11 p.m.
The Planning Commission finds as follows with regard to the Extension application of
Conditional Use Permit UP 98-11 under File No. PLN99-21:
There have been no changes in the General Plan and the zoning of the property
since the previous approval of the project.
There have been no changes in the development standards or regulations that would
warrant change to the conditions of approval, other than the request for an extension
of time.
o
The applicant is requesting the extension of time to facilitate the completion of the
project.
There have been no changes in the proposed project other than the request for an
Extension of time.
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The proposed project is consistent with the General Plan and the local zoning
ordinance.
2. 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 Extension of time to the Conditional Use Permit (UP 98-11) for this project is
for a period of one-year from the date of the Planning Commission approval.
Findings - Planning Commission Meeting of December 14, 1999
PLN99-21 (UP 98-11) - 368 E. Campbell Avenue
Page 2
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.
CONDITIONS OF APPROVAL FOR A ONE-YEAR EXTENSION OF TIME TO A
CONDITIONAL USE PERMIT (UP 98-11) UNDER FILE NO. PLN99-21
SITE ADDRESS: 368 E. Campbell Avenue
APPLICANT: Jeff Wyatt
P.C. MEETING: December 14, 1999
The applicant is hereby notified, as part of this application, that he/she is required to meet the
following conditions in accordance with the Ordinances of the City of Campbell and the State of
California. Additionally, the applicant is hereby notified that he/she is required to comply with
all applicable Codes or Ordinances of the City of Campbell and the State of California that
pertain to this development and are not herein specified.
COMMUNITY DEVELOPMENT DEPARTMENT:
1. Development Approval Expiration: Approval is granted for a One Year Extension (PLN99-
21) of time to a previously approved Conditional Use Permit (UP 98-11) to allow the
establishment of a billiard hall within a two-story commercial building to be constructed at
368 E. Campbell Avenue, and to allow an incidental on-sale general liquor license and late
night hours of operation for the billiard hall. The Extension of Time for the Conditional Use
Permit (LIP 98-11) is valid for a period of one year from the previous Planning Commission
approval and will expire on November 24, 2000.
Previous Conditions:
All conditions of approval of the previously approved Conditional Use Permit (UP 98-11) as
approved by Resolution No. 3207 shall remain in effect, except as modified by conditions
herein.
November I?, 1999
City of Campbell
70 North First Street
Campbell, CA 95008
Planning Commissioners.
We would like to have the planning commission extend our approval of 368 E. Campbell
Avenue, $98-17. We arc planning to start construction in January, subject to weather. Our
building plans are complete, all working drawings, engineering, phase 1 and 2 environmontal,
survey.,; and general contractor selections have been completed.
Sincerely.
leff Wyatt
Attachment #8
RESOLUTION NO. 3207
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (UP
98-11) TO ALLOW A BILLIARD ESTABLISHMENT (POCKETS) ON
PROPERTY LOCATED AT 368 E. CAMPBELL AVENUE IN THE C-3-S
(CENTRAL BUSINESS DISTRICT) ZONING DISTRICT. APPLICATION
OF BWI DOWNTOWN PARTNERS. FILE NO. UP 98-11.
After notification and public heating, as specified by law, and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the Planning Commission did find as follows
with respect to application UP 98-11:
The proposed billiard establishment is a use that is similar to an Arcade, as permitted with a
Use Permit in the C-3-S zoning district, and is not specifically listed elsewhere as a use in a
less restrictive zoning district.
2. The proposed billiard establishment is not more objectionable to the general welfare than an
Arcade with amusement devices and games.
The proposed billiard establishment is a commercial entertainment use which is consistent
with the commercial land use designation 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.
4. The proposed on-sale general liquor service and late night hours of operation past 11 p.m. are
incidental to the primary function of the site as a billiard establishment.
o
The proposed on-sale general liquor service and late night hours of operation in conjunction
with the billiard hall are consistent with the commercial land use of the General Plan and the
C-3-S zoning designation for the site.
o
The extended operational hours past 11 p.m. and on-sale general liquor service, subject to the
conditions of approval, are compatible with the adjacent land uses and the surrounding
neighborhood.
7. The proposed billiard establishment with on-sale general liquor service will not result in an
over concentration of such uses in the area.
8. The proposed billiard establishment with on-sale general liquor service will not create a
nuisance due to noise, litter, vandalism, traffic or other factors.
9. The proposed billiard establishment with on-sale general liquor service will not significantly
disturb the peace and enjoyment of any nearby residential neighborhoods.
Planning Commission Resolution No. 3207
UP 98-11 - 368 E. Campbell Avenue - BWI Downtown Partners (Pockets)
Page 2
10. The proposed billiard establishment with on-sale general liquor service will not significantly
increase the demand on city services.
11.
The provision to allow minors to enter and/or play billiards in the proposed billiard hall
where on-sale general liquor service is provided, will not be detrimental to the public safety,
peace, morals, comfort or general welfare of the minors.
12.
The management plan included in the Conditions of Approval will ensure that minors under
the age of 21 are not served alcoholic beverages, and that appropriate supervision and control
will be implemented to ensure the safety of minors within the billiard establishment.
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
The proposed billiard establishment will aid in the enhancement and the harmonious
development of the immediate area. The establishment, maintenance, or operation of the
use will not be detrimental to the public health, safety, peace, morals, comfort or general
welfare of persons residing or working in the neighborhood of such proposed use.
2. The proposed site is adequate in size and shape to accommodate the proposed uses and the
surrounding uses in the area.
3. The proposed site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic such uses would generate.
4. The proposed billiard establishment is compatible with the adjacent land uses and the
surrounding neighborhood.
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. The lead department with which the applicant will work is identified on each
condition where necessary. Additionally, the applicant is hereby notified that he/she is required
to comply with all applicable Codes or Ordinances of the City of Campbell and the State of
California that pertain to this development and are not herein specified:
Planning Commission Resolution No. 3207
UP 98-11 - 368 E. Campbell Avenue - BWI Downtown Partners (Pockets)
Page 3
APPROVED PROJECT
1. Approved Project: Approval is granted for a Conditional Use Permit (UP 98-11) to allow
the establishment of a billiard hall with incidental on-sale general liquor service, late night
hours of operation past 11 p.m., and the provision to allow minors to enter and/or play
billiards in compliance with a City-approved billiard hall permit, within the proposed two-
story, 5,523 square foot commercial building to be located at 368 E. Campbell Avenue. The
use shall also substantially comply with the floor plans, submitted by Chris Spaulding,
Architect, stamped as received by the Planning Department on November 18, 1998, except
as herein modified by the Conditions of Approval.
2. Operational Hours: Operational hours shall be permitted as follows:
Sunday - Thursday
Friday & Saturday
7:00 a.m. to 12:00 a.m.
7:00 a.m.. to 2:00 a.m.
Operational hours are defined as the hours during which any activity takes place on the
premises, including open hours of the billiard establishment and alcoholic beverage service,
cleaning and/or maintenance work on the property, and the presence of employees and
cleaning and/or maintenance crew on the property.
3. Building Permits. The applicant shall obtain all necessary building, mechanical, plumbing
and electrical permits, prior to establishment of the billiard hall.
Alcoholic Beverage Control. The applicant shall obtain all necessary licenses as required by
the State Department of Alcoholic Beverage Control for the sales of alcoholic beverages on
the project site and for the allowance of minors on the premises where alcoholic beverages
are served, prior to the issuance of a business license for the billiard hall and the sale of
alcoholic beverages in conjunction with this Use Permit.
o
Police Department:
A. Prior to the issuance of a business license for the billiard hall and operation of the use, the
applicant and/or operator of the billiard hall shall obtain approval of a billiard hall permit
from the City, the application of which is to be submitted to the Police Department. The
applicant shall be required to comply with all regulations of the billiard hall permit, in
compliance with the regulations as stipulated under Chapter 5.28 of the Campbell
Municipal Code.
Planning Commission Resolution No. 3207
UP 98-11 - 368 E. Campbell Avenue - BWI Downtown Partners (Pockets)
Page 4
Bo
If significant Police problems exist (including but not limited to assaults, narcotics
violations, driving under the influence of alcoholic beverages, or other drugs, etc.),
possibly resulting in a mini-disorderly house" violation being filed with the State
Department of Alcoholic Beverage Control or other significant complaints occur (as
determined by the City Council), the Use Permit shall be reviewed and may be revoked.
o
Management Plan: The management and/or proprietor of the billiard establishment shall
implement the following measures to ensure the safety of minors within the establishment:
A. Employees shall take reasonable precautions to check that any minors under the age of 14
years are not permitted to enter without the accompaniment of a parent or legal guardian
in compliance with Chapter 5.28 (Pool and Billiards Hall) of the Campbell Municipal
Code.
B. The management and/or proprietor of the billiard establishment shall train employees to
help them identify minors and shall not serve and/or sell alcohol to minors under the age
of 21 years. Any employees and/or staff'members who are found to serve and/or sell
alcohol to such minors shall be immediately terminated of employment at the billiard
hall.
The management and/or proprietor of the billiard establishment shall set up a program to
train employees to identify patrons not able to drive due to intoxication.
The management and/or proprietor shall implement a program to ensure that a free ride
home is offered to any individual who is identified as being unable to drive or who
requests such transportation and who has been served at the establishment.
Employees shall be instructed to immediately remove any customers on the premises who
create disturbances and/or seek Police Department assistance to remove such customers.
C°
Eo
Business Operation. The applicant shall operate and maintain this use in a manner which is
not objectionable, offensive or incompatible with surrounding uses. Operation of this use in
violation of the Use Permit or City of Campbell or State of California standards, codes and
ordinances shall be grounds for revocation of the Use Permit.
8. Outdoor Noise: No audio sound system, music, public address systems, or speakers are
permitted outside.
9. Live Entertainment: Live entertainment is not permitted with this use permit.
10. Windows: Seventy-five (75%) percent of the window space of the windows on the building
shall be unobscured from inside or outside visibility to maintain visibility of the premises for
public and Police Department surveillance.
Planning Commission Resolution No. 3207
UP 98-11 - 368 E. Campbell Avenue - BWI Downtown Partners (Pockets)
Page 5
11. Transferability of Permit: Subsequent operators shall agree in writing that they have read,
understand and shall implement all of the Conditions of Approval.
12. Drink Promotions: No drink promotions shall be permitted including "happy hours" which
offer discounted prices for drinks.
PASSED AND ADOPTED this 24~h day of November, 1998, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Francois, Gibbons, Jones, Keams, Lindstrom, Lowe
None
None
Meyer-Kennedy
APPROVED:(~~~~--
Dennis Lowe, Chair
Steve Piasecki, Secretary
Attachment #7
RESOLUTION NO. 3206
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL GRANTING A SITE AND ARCHITECTURAL
APPROVAL TO ALLOW THE CONSTRUCTION OF A TWO STORY
BUILDING IN THE DOWNTOWN AREA ON PROPERTY LOCATED AT
368 E. CAMPBELL AVENUE IN THE C-3-S (CENTRAL BUSINESS
DISTRICT) ZONING DISTRICT. APPLICATION OF BWI DOWNTOWN
PARTNERS. FILE NO. S 98-17.
After notification and public heating, as specified by law, and after presentation by the Community
Development Director, proponents and opponents, the heating was closed.
After due consideration of all evidence presented, the Planning Commission did find as follows
with respect to application S 98-17:
The proposed project will entail construction of a two-story, 5,523 square foot commercial
building.
The proposed project is located on property with a commercial land use designation under the
General Plan.
The proposed commercial building is consistent with the commercial land use designation 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 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.
f) Ensures that the new building in the downtown will be of high architectural design quality
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.
o
The proposed project is well designed and is architecturally compatible with the surrounding
neighborhood and uses by integrating the use of traditional downtown architectural features.
Planning Commission Resolution No. 3206
S 98-17 - 368 E. Campbell Avenue - BWI Downtown Partners
Page 2
o
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.
An initial study was prepared for this project and no significant environmental impacts were
found.
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.
2. 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 will have a substantial impact on
plant 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. Approved Proiect: Approval is granted for a Site and Architectural Review Permit (S 98-17) to
construct a two-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 exhibits 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/material board submitted by Bruce Bowen, applicant.
E. Perspective drawing stamped dated as received on November 18, 1998, prepared by Chris
Spaulding, Architect.
Planning Commission Resolution No. 3206
S 98-17 - 368 E. Campbell Avenue -BWI Downtown Partners
Page 3
Building 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
Architectural Review Committee.
o
Landscaping: 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 24-inch box trees, minimum 5-gallon shrubs, and groundcover shall be planted
within the landscape planter area along the southern property line.
B. Minimum 5 gallon shrubs and groundcover shall be planted within the landscape planters
along the building walls facing E. Campbell Avenue and Central Avenue.
Reciprocal Ingress/Egress Agreement: Prior to the issuance of building permits, the applicant
and/or property owner shall record a covenant obligating future and existing property owners to
enter into an agreement with the adjacent property owners to the east to participate in the
provision of reciprocal ingress/egress easements over the vehicular parking lot at such time in
the future the adjacent property 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 agreeable to
these property owners.
o
Parking and Driveway: Prior to the issuance of building permits for 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 98-17- 368 E. Campbell Avenue- BWI Downtown Partners
Page 4
o
Disabled Parking: 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 City building code requirements regarding disabled accessible parking
requirements.
o
Parking 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 Lighting: Details of project lighting shall be approved by the Site and Architectural
Review Committee prior to the issuance of building permits.
10.
Building Division Requirements: 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 resembling a B (retail)
occupancy and an S-3 (parking) occupancy, the applicant shall demonstrate provision of the
following 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 UBC T3-B.
B. Openings are prohibited along the west wall (less than 5 feet from the property line). One
(1) hour construction is required for this wall per UBC 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: Any newly proposed fencing and/or wall shall comply with Section 21.59.090 of
the Campbell Municipal Code and shall be submitted for review and approval by the Site and
Architectural Review Committee prior to construction.
12.
Property Maintenance: The property is to be maintained free of any combustible trash, debris
and weeds until the time that actual construction commences. All existing structures shall be
secured by having windows boarded up and doors sealed shut, or be demolished or removed
fi'om the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). All structures
shall also be required to be maintained free of graffiti. Should graffiti appear on the building,
enclosure walls and/or trash enclosure, the applicant shall take measures to immediately remove
the graffiti.
Planning Commission Resolution No. 3206
S 98-17 - 368 E. Campbell Avenue - BWI Downtown Partners
Page 5
13.
14.
15.
16.
17.
18.
Location of Mechanical Equipment: No roof-mounted and/or ground level mechanical
equipment, i.e. air conditioning units, shall be located on or adjacent to the building without
providing screening of the mechanical equipment fi-om public view. Screening material and
method shall require review and approval by the Site and Architectural Review Committee prior
to the installation of such mechanical equipment.
Utility 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-flow preventers,
indicating the location of the boxes and screening (if the boxes are above ground) for approval
by the Planning Division.
Trash Disposal/Recycling: The applicant shall provide the following:
A. Details regarding the design and location of trash disposal/recycling facilities to be reviewed
and approved by the City prior to the issuance of building permits for the project. The
design of the trash enclosure shall match the building in terms of color and finish.
Bo
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 between the enclosure and the sidewalk which shall be planted
with minimum 15-gallon shrubs and groundcover.
Signs: Any signs proposed to be erected on site shall require approval of a Sign Permit. A Sign
Permit may be granted upon complete submission of a Sign application and approval by the
Community Development Department, in accordance with the City's Sign Ordinance. No sign
shall be permitted until the application is approved and a permit issued.
Hazardous Waste Removal: Prior to the issuance of building permits, the applicant shall
demonstrate that all hazardous waste materials and contamination on-site in conjunction with
the previous auto repair use be removed.
Construction Mitigation Measures: The applicant shall implement the following construction
mitigation measures:
A. Construction activities will be limited to daytime hours of 8:00 am 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 granted by the Building Official.
B. No pile driving is allowed for construction of the project.
C. All internal combustion engines for construction equipment used on the site will be properly
muffled and maintained.
D. All stationary 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. All 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 all paved access roads, parking areas, staging areas, and adjacent public streets
as directed by the City Engineer.
I. Enclose, 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
spaced at the required spacing.
PUBLIC WORKS DEPARTMENT:
20. Preliminary Title Report: Prior to issuance of any grading or building permits for the site, the
applicant shall provide a current Preliminary Title Report.
21.
Right-of-Way for Public Street Purposes: Prior to issuance of any grading or building permits
for the site, the applicant shall grant additional Right-of-Way for Public Street Purposes along
the Central Avenue frontage to accommodate 10 feet of right-of-way from the curb face plus a
property 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 Improvements: Prior to issuance of any grading or building permits for the site, the
applicant shall cause plans for public Street Improvements to be prepared by a registered civil
engineer, pay fees, post security and provide insurance necessary to obtain an encroachment
permit for construction of the public improvements, as required by the City 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 sidewalk in
accordance with ADA requirements
Campbell Avenue
· Removal of the existing driveway approach and replacement with an 8-foot wide sidewalk
Central and Campbell Avenues
· Protection and 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. Utilities: All new on-site Utilities shall be installed underground 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.
25. Utility 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
for installation and/or abandonment of all utilities. Streets which have been resurfaced within
the previous 5 years will require boring and jacking for all new utility installations. Applicant
shall also prepare pavement restoration plans for approval by the City Engineer prior to any
utility installation or abandonment.
26. Maintenance Security: Prior to issuance of occupancy approval for the site, all public street
improvements required by the street improvement agreement and the encroachment permit must
be completed and accepted by the City and the applicant must provide a one-year Maintenance
Security in an amount of 25% of the Faithful Performance Bond.
27. Grading and Drainage Plan: Prior to issuance of any grading or building permits for the site, the
applicant shall conduct hydrology studies based on a 10 year storm frequency, prepare an
engineered Grading and Drainage Plan, and pay fees required to obtain necessary grading
permits. The plans shall comply with the 1994 edition of the UBC including Chapters 18, 33,
and Appendix Chapter 33. Should the development require hauling of soil or other demolition
materials on or off site, the applicant shall request and obtain approval of a haul route from the
City Engineer.
28. Storm Drain Area Fee: Prior to issuance of any grading or building permits for the site, the
applicant shall pay the required Storm Drain Area fee. The current fee is $ $2,500.00 per acre or
$495.00.
29. Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building
permits, the applicant shall comply with the National Pollution Discharge Elimination System
(NPDES) permitting requirements and the California Storm Water Best Management Practices
handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley Water District
and the City of Campbell Municipal Code regarding Storm Water Pollution Prevention.
30. Legal Lot: The applicant shall provide documentation to verify that the Lot was Legally
created.
31. 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 Parmers
Page 8
PASSED AND ADOPTED this 24~ day of November, 1998, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Francois, Gibbons, Jones, Keams, Lindstrom, Lowe
None
None
Meyer-Kennedy
APPROVED.~, r~~'F"'"~,.,~
'D~m~ L"b'~e, Chair
Steve PTasecki, Secretary
Planning Commission Minutes of November 24, 1998
Attachment #9
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 has been generous with public parking on his property
and he should have 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 like the spaces made available during weekends.
Commissioner Lindstrom stated that the applicant has worked with people downtown and he has
been and will continue to share spaces. The gate and security will cost him. Added that the
project is good and he will support it.
Chairman Lowe closed the Public Hearing for Agenda Item No. 2.
Motion:
Upon motion of Commissioner Jones, seconded by Commissioner Kearns,
the Planning Commissioner adopted a Negative Declaration and adopted
Resolution No. 3205 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, by the
following roll call vote:
AYES: Francois, Jones, Kearns, Lindstrom, Lowe
NOES: Gibbons
ABSENT: None
ABSTAIN: Meyer-Kennedy
Chairman Lowe advised that this approval is final in 10 days unless appealed in writing to the
City Clerk.
Chairman Lowe read Agenda Item No. 3 into the record.
S 98-17/UP 98-11
BWI Downtown
Partners
Public Hearing to consider the application of BWI Downtown
Partners for a Site and Architectural Approval (S 98-17) to
allow the construction of a new two-story building in the
Downtown area and approval of a Conditional Use Permit (UP
98-11) 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
District Zoning District. A Negative Declaration has been
prepared for this project. Planning Commission decision final
unless appealed in writing to the City Clerk within 10 days.
Ms. Aki Irani, Planner I, presented the staff report as follows:
· The applicant is seeking a Site Approval to allow a two-story commercial building and a Use
Permit to allow the establishment of a billiard hall in the new building.
· The project site is on the southeast comer of E. Campbell Avenue and Central Avenue.
Surrounding uses include a hair salon, restaurant, commercial uses and offices.
· Zoning is C-3-S (Central Business District). A billiard hall is a permitted use with a Use
Permit provided the finding can be made that the use would be similar to a commercial use.
· The proposed building is a two-story with 14 parking spaces provided.
· The applicant is also seeking a parking adjustment to allow 8 V2 foot wide parking stalls
instead of the required 9-foot width.
· SARC and staffhave recommended additional detailing on the building.
· The applicant will be required to record a covenant agreeing to work with the adjacent
property owner in the future to work out ingress/egress from one site to 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 report as
follows:
· SARC met on November 10~' and had extensive comments including parking stall width
reduction, pattern and number of windows and the inconsistency between the first and second
story, windows.
· Some of the changes have been implemented on the revisions but not all details have been
worked out.
Chairman Lowe opened the Public Hearing for Agenda Item No. 3.
Mr. Bruce Bowen, Applicant:
· Agreed that a number of the issues raised at SARC have been addressed.
· Strongly expressed his lack of willingness to work out a reciprocal access fi-om his property
to the adjacent, stating that he cannot encumber his property in a way that is detrimental to
his interests.
Commissioner Gibbons again wanted lVlr. Bowen to agree to support community events that may
shut down traffic in the downtown up to six times per year such as the Harvest Festival. Also
wanted to ensure that noise from this site not interfere without other adjacent uses.
Mr. Bruce 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 Lindstrom suggested deferring 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 th/s 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 the elevations.
Commissioner Gibbons stated that the proposed paint color scheme is too bland.
Mr. Bruce Bowen said that they were trying to play up architectural details instead of paint
colors.
Commissioner Gibbons suggested approving the Use Permit and continuing the Site Approval.
Mr. Steve Piasecki advised that this was possible. Another option is to have the final details
reviewed and approved by SARC. If continued, this approval would not be back before the
Commission until January which is a fairly significant delay.
Mr. Bruce Bowen advised that they hope to have the building complete and Pockets in place by
this time next year.
Commissioner Jones asked staff for the quickest way to handle this.
Mr. Steve Piasecki suggested SARC review and approval of all outstanding details.
Commissioner Jones asked Mr. Bowen if he would be ready in two weeks for SARC.
Mr. Bruce Bowen replied that they would be ready.
Chairman Lowe closed the Public Heating 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 ~A 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:
ABSTAIN:
Francois, Gibbons, Jones, Kearns, Lindstrom, Lowe
None
None
Meyer-Kennedy
Chairman Lowe advised that this approval is final in 10 days unless appealed in writing to 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. & Mrs. Behmaram, for a Site and
Architectural Approval (S 98-06) to allow the construction of a
new single-family residence on property located at 1360
Harriet Avenue in an R-l-9 (Single Family Residential)
Zoning District. This project is Categorically Exempt.
Planning Commission decision final unless appealed in writing
to the City Clerk within 10 days.
Ms. Sharon Fierro, Senior Planner, presented the staff report as follows:
· The applicant is seeking a Site approval to allow construction of a new single-family
residence on the comer of Walters and Harriet Avenues.
· The Zoning is R-l-9 and the lot 16,000 square feet.
· An existing 600 square foot secondary dwelling is on site which is a pre-existing legal non-
conforming. This trait will remain.
· The existing 820 square foot primary living unit 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 street 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 FAR.
PLANNING COMMISSION FINDINGS FOR APPROVAL OF FILE NO. S 98-17
SITE ADDRESS: 368 E. Campbell Avenue
APPLICANT: Bruce Bowen
P.C. MEETING: November 24, 1998
Findings for approval of a two-story, 5,523 square foot retail and office commercial building in
the Downtown area
The Planning Commission finds as follows with regard to File No. S 98-17:
1. The proposed project will entail construction of a two-story, 5,523 square foot commercial
building.
2. The proposed project is located on property with a commercial land use designation under the
General Plan.
o
The proposed commercial building is consistent with the commercial land use designation 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 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.
f) Ensures that the new building in the downtown will be of high architectural design
quality 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.
5. The proposed project is well designed and is architecturally compatible with the surrounding
neighborhood and uses by integrating the use of traditional downtown architectural features.
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.
Findings for S 98-17 - Planning Commission Meeting of November 24, 1998
S 98-17 - 368 E. Campbell Avenue
Page 2
7. An initial study was prepared for this project and no significant environmental impacts were
found.
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.
2. The proposed project will aid in the harmonious development of the immediate area.
3. The proposed development will not be detrimental to the health, safety or welfare of the
neighborhood or the City as a whole.
4. 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.
5. No evidence has been presented which shows that the project will have a substantial impact
on plant or animal life.
PLANNING COMMISSION CONDITIONS OF APPROVAL FOR FILE NO. S 98-17
SITE ADDRESS: 368 E. Campbell Avenue
APPLICANT: Bruce Bowen
P.C. MEETING: November 24, 1998
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. The lead department with which the applicant will work is identified on each
condition where necessary. 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. Approved Proiect: Approval is granted for a Site and Architectural Review Permit (S 98-17)
to construct a two-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 exhibits
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/material board submitted by Bruce Bowen, applicant.
E. Perspective drawing stamped dated as received on November 18, 1998, prepared by Chris
Spaulding, Architect.
o
Building 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 Community
Development Director p/'ior 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
Community Development Director.
o
Landscaping: Prior to the issuance of building permits for the project, the applicant shall
submit landscaping and irrigation plans for review and approval by the Community
Development Director that incorporates the following:
Conditions of Approval for S 98-17 - Planning Commission Meeting of November 24, 1998
S 98-17 - 368 E. Campbell Avenue
Page 2
o
o
10.
A. Minimum 24-inch box trees, minimum 5-gallon shrubs, and groundcover shall be planted
within the landscape planter area along the southern property line.
B. Minimum 5 gallon shrubs and groundcover shall be planted within the landscape planters
along the building walls facing E. Campbell Avenue and Central Avenue.
Reciprocal Ingress/Egress Agreement: Prior to the issuance of building permits, the applicant
and/or property owner shall record a covenant obligating future and existing property owners
to enter into an agreement with the adjacent property owners to the east to participate in the
provision of reciprocal ingress/egress easements over the vehicular parking lot at such time in
the future as the City can require the same of adjacent property owners.
Parking and Driveway: Prior to the issuance of building permits 'for 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.
Disabled Parking: 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 City building code requirements regarding disabled
accessible parking requirements.
Parking 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.
On-site Lighting: Details of project lighting shall be approved by the Community
Development Director prior to the issuance of building permits.
Building Division Requirements: 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 resembling a B (retail)
occupancy and an S-3 (parking) occupancy, the applicant shall demonstrate provision of the
following on plans prior to issuance of building permits:
Conditions of Approval for S 98-17 -Planning Commission Meeting of November 24, 1998
S 98-17 - 368 E. Campbell Avenue
Page 3
11.
12.
13.
14.
15.
A. A one (1) hour occupancy separation is required between the B and the S-3 occupancies
per UBC T3-B.
B. Openings are prohibited along the west wall (less than 5 feet from the property line).
One (1) hour construction is required for this wall per UBC 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.
Fences/walls: Any newly proposed fencing and/or wall shall comply with Section 21.59.090
of the Campbell Municipal Code and shall be submitted for review and approval by the
Community Development Department prior to construction.
Property Maintenance: The property is to be maintained free of any combustible trash, debris
and weeds until the time that actual construction commences. All existing structures shall be
secured by having windows boarded up and doors sealed shut, or be demolished or removed
from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). All structures
shall also be required to be maintained free of graffiti. Should graffiti appear on the building,
enclosure walls and/or trash enclosure, the applicant shall take measures to immediately
remove the graffiti.
Location of Mechanical Equipment: No roof-mounted and/or ground level mechanical
equipment, i.e. air conditioning units, shall be located on or adjacent to the building without
providing screening of the mechanical equipment from public view. Screening material and
method shall require review and approval by the Community Development Director prior to
the installation of such mechanical equipment.
Utility 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-flow preventers,
indicating the location of the boxes and screening (if the boxes are above ground) for
approval by the Planning Division.
Trash Disposal/Recycling: The applicant shall provide the following:
A. Details regarding the design and location of trash disposal/recycling facilities to be
reviewed and approved by the City prior to the issuance of building permits for the
project. The design of the trash enclosure shall match the building in terms of color and
finish.
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 between the enclosure and the sidewalk which shall
be planted with minimum 15-gallon shrubs and groundcover.
Conditions of Approval for S 98-17 - Planning Commission Meeting of November 24, 1998
S 98-17 - 368 E. Campbell Avenue
Page 4
16. Signs: Any signs proposed to be erected on site shall require approval of a Sign Permit. A
Sign Permit may be granted upon complete submission of a Sign application and approval by
the Community Development Department, in accordance with the City's Sign Ordinance. No
sign shall be permitted until the application is approved and a permit issued.
17. Hazardous Waste Removal: Prior to the issuance of building permits, the applicant shall
demonstrate that all hazardous waste materials and contamination on-site in conjunction with
the previous auto repair use be removed.
18. Construction Mitigation Measures: The applicant shall implement the following construction
mitigation measures:
A. Construction activities will be limited to daytime hours of 8:00 am 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 granted by the Building Official.
B. No pile driving is allowed for construction of the project.
C. All internal combustion engines for construction equipment used on the site will be
properly muffled and maintained.
D. All stationary 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. All active construction areas shall be watered at least twice daily.
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 all paved access roads, parking areas, staging areas, and adjacent public
streets as directed by the City Engineer.
I. Enclose, 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 spaced at the required spacing.
PUBLIC WORKS DEPARTMENT:
20. Preliminary Title Report: Prior to issuance of any grading or building permits for the site, the
applicant shall provide a current Preliminary Title Report.
Conditions of Approval for S 98-17 - Planning Commission Meeting of November 24, 1998
S 98-17 - 368 E. Campbell Avenue
Page 5
21.
22.
Right-of-Way for Public Street Purposes: Prior to issuance of any grading or building
permits for the site, the applicant shall grant additional Right-of-Way for Public Street
Purposes along the Central Avenue frontage to accommodate 10 feet of right-of-way from the
curb face plus a property 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.
Street Improvements: Prior to issuance of any grading or building permits for the site, the
applicant shall cause plans for public Street Improvements to be prepared by a registered civil
engineer, pay fees, post security and provide insurance necessary to obtain an encroachment
permit for construction of the public improvements, as required by the City 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 sidewalk in
accordance with ADA requirements
Campbell Avenue
· Removal of the existing driveway approach and replacement with an 8-foot wide
sidewalk
23.
24.
25.
Central and Campbell Avenues
· Protection and relocation of existing utilities as necessary.
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.
Utilities: All new on-site Utilities shall be installed underground 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.
Utility 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 for installation and/or abandonment of all utilities. Streets which have been
resurfaced within the previous 5 years will require boring and jacking for all new utility
installations. Applicant shall also prepare pavement restoration plans for approval by the
City Engineer prior to any utility installation or abandonment.
Conditions of Approval for S 98-17 - Planning Commission Meeting of November 24, 1998
S 98-17 - 368 E. Campbell Avenue
Page 6
26.
27.
28.
29.
30.
Maintenance Security: Prior to issuance of occupancy approval for the site, all public street
improvements required by the street improvement agreement and the encroachment permit
must be completed and accepted by the City and the applicant must provide a one-year
Maintenance Security in an amount of 25% of the Faithful Performance Bond.
Grading and Drainage Plan: Prior to issuance of any grading or building permits for the site,
the applicant shall conduct hydrology studies based on a 10 year storm frequency, prepare an
engineered Grading and Drainage Plan, and pay fees required to obtain necessary grading
permits. The plans shall comply with the 1994 edition of the UBC including Chapters 18, 33,
and Appendix Chapter 33. Should the development require hauling of soil or other
demolition materials on or off site, the applicant shall request and obtain approval of a haul
route from the City Engineer.
Storm Drain Area Fee: Prior to issuance of any grading or building permits for the site, the
applicant shall pay the required Storm Drain Area fee. The current fee is $ $2,500.00 per
acre or $495.00.
Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building
permits, the applicant shall comply with the National Pollution Discharge Elimination
System (NPDES) permitting requirements and the California Storm Water Best Management
Practices handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley
Water District and the City of Campbell Municipal Code regarding Storm Water Pollution
Prevention.
Legal Lot: The applicant shall provide documentation to verify that the Lot was Legally
created.
FINDINGS FOR APPROVAL OF FILE NO. UP 98-11
SITE ADDRESS: 368 E. Campbell Avenue
APPLICANT: Gary Merlo
P.C. MEETING: November 24, 1998
Findings for Approval of a Use Permit (UP 98-11) to allow the establishment of a billiard hall
with incidental on-sale general liquor service, late night hours of operation past 11 p.m. and the
provision to allow minors to enter and/or play billiards within the billiard hall
The Planning Commission finds as follows with regard to File No. UP 98-11:
o
o
o
o
°
The proposed billiard establishment is a use that is similar to an Arcade, as permitted with a
Use Permit in the C-3-S zoning district, and is not specifically listed elsewhere as a use in a
less restrictive zoning district.
The proposed billiard establishment is not more objectionable to the general welfare than an
Arcade with amusement devices and games.
The proposed billiard establishment is a commercial entertainment use which is consistent
with the commercial land use designation 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.
The proposed on-sale general liquor service and late night hours of operation past 11 p.m. are
incidental to the primary function of the site as a billiard establishment.
The proposed on-sale general liquor service and late night hours of operation in conjunction
with the billiard hall are consistent with the commercial land use of the General Plan and the
C-3-S zoning designation for the site.
The extended operational hours past 11 p.m. and on-sale general liquor service, subject to the
conditions of approval, are compatible with the adjacent land uses and the surrounding
neighborhood.
The proposed billiard establishment with on-sale general liquor service will not result in an
over concentration of such uses in the area.
The proposed billiard establishment with on-sale general liquor service will not create a
nuisance due to noise, litter, vandalism, traffic or other factors.
The proposed billiard establishment with on-sale general liquor service will not significantly
disturb the peace and enjoyment of any nearby residential neighborhoods.
Findings for Approval for UP 98-117 - Planning Commission Meeting of November 24, 1998
UP 98-11 - 368 E. Campbell Avenue
Page 2
10. The proposed billiard establishment with on-sale general liquor service will not significantly
increase the demand on city services.
11.
The provision to allow minors to enter and/or play billiards in the proposed billiard hall
where on-sale general liquor service is provided, will not be detrimental to the public safety,
peace, morals, comfort or general welfare of the minors.
12.
The management plan included in the Conditions of Approval will ensure that minors under
the age of 21 are not served alcoholic beverages, and that appropriate supervision and control
will be implemented to ensure the safety of minors within the billiard establishment.
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
The proposed billiard establishment will aid in the enhancement and the harmonious
development of the immediate area. The establishment, maintenance, or operation of the
use will not be detrimental to the public health, safety, peace, morals, comfort or general
welfare of persons residing or working in the neighborhood of such proposed use.
2. The proposed site is adequate in size and shape to accommodate the proposed uses and the
surrounding uses in the area.
3. The proposed site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic such uses would generate.
4. The proposed billiard establishment is compatible with the adjacent land uses and the
surrounding neighborhood.
CONDITIONS OF APPROVAL FOR FILE NO. UP 98-11
SITE ADDRESS: 368 E. Campbell Avenue
APPLICANT: Gary Merlo
P.C. MEETING: November 24, 1998
The applicant is hereby notified, as part of this application, that he/she is required to meet the
following conditions is in accordance with the ordinance of the City of Campbell and the State
of California. The lead department with which the applicant will work is identified on each
condition where necessary. 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:
APPROVED PRO..IECT
1. Approved Project: Approval is granted for a Conditional Use Permit (UP 98-11) to allow
the establishment of a billiard hall with incidental on-sale general liquor service, late night
hours of operation past 11 p.m., and the provision to allow minors to enter and/or play
billiards in compliance with a City-approved billiard hall permit, within the proposed two-
story, 5,523 square foot commercial building to be located at 368 E. Campbell Avenue. The
use shall also substantially comply with the floor plans, submitted by Chris Spaulding,
Architect, stamped as received by the Planning Department on November 18, 1998, except
as herein modified by the Conditions of Approval.
2. Operational Hours: Operational hours shall be permitted as follows:
Sunday - Thursday
Friday & Saturday
7:00 a.m. to 12:00 a.m.
7:00 a.m.. to 2:00 a.m.
Operational hours are defined as the hours during which any activity takes place on the
premises, including open hours of the billiard establishment and alcoholic beverage service,
cleaning and/or maintenance work on the property, and the presence of employees and
cleaning and/or maintenance crew on the property.
3. Building Permits. The applicant shall obtain all necessary building, mechanical, plumbing
and electrical permits, prior to establishment of the billiard hall.
Alcoholic Beverage Control. The applicant shall obtain all necessary licenses as required by
the State Department of Alcoholic Beverage Control for the sales of alcoholic beverages on
the project site and for the allowance of minors on the premises where alcoholic beverages
are served, prior to the issuance of a business license for the billiard hall and the sale of
alcoholic beverages in conjunction with this Use Permit.
Conditions of Approval for UP 98-11 - Planning Commission Meeting of November 24, 1998
UP 98-11 - 368 E. Campbell Avenue
Page 2
o
Police Department: Prior to the issuance of a business license for the billiard hall and
operation of the use, the applicant and/or operator of the billiard hall shall obtain approval of
a billiard hall permit from the City, the application of which is to be submitted to the Police
Department. The applicant shall be required to comply with all regulations of the billiard hall
permit, in compliance with the regulations as stipulated under Chapter 5.28 of the Campbell
Municipal Code.
6. Management Plan: The management and/or proprietor of the billiard establishment shall
implement the following measures to ensure the safety of minors within the establishment:
A. Employees shall take reasonable precautions to check that any minors under the age of 14
years are not permitted to enter without the accompaniment of a parent or legal guardian
in compliance with Chapter 5.28 (Pool and Billiards Hall) of the Campbell Municipal
Code.
B. The management and/or proprietor of the billiard establishment shall train employees to
help them identify minors and shall not serve and/or sell alcohol to minors under the age
of 21 years. Any employees and/or staff members who are found to serve and/or sell
alcohol to such minors shall be immediately terminated of employment at the billiard
hall.
C. The management and/or proprietor of the billiard establishment shall set up a program to
train employees to identify patrons not able to drive due to intoxication.
D. The management and/or proprietor shall implement a program to ensure that a free ride
home is offered to any individual who is identified as being unable to drive or who
requests such transportation and who has been served at the establishment.
E. Employees shall be instructed to immediately remove any customers on the premises who
create disturbances and/or seek Police Department assistance to remove such customers.
Business Operation. The applicant shall operate and maintain this use in a manner which is
not objectionable, offensive or incompatible with surrounding uses. Operation of this use in
violation of the Use Permit or City of Campbell or State of California standards, codes and
ordinances shall be grounds for revocation of the Use Permit.
8. Outdoor Noise: No audio sound system, music, public address systems, or speakers are
permitted outside.
9. Live Entertainment: Live entertainment is not permitted with this use permit.
10.
Windows: Seventy-five (75%) percent of the window space of the windows on the building
shall be unobscured from inside or outside visibility to maintain visibility of the premises for
public and Police Department surveillance.
Conditions of Approval for UP 98-11 - Planning Commission Meeting of November 24, 1998
UP 98-11 - 368 E. Campbell Avenue
Page 3
11. Transferability of Permit: Subsequent operators shall agree in writing that they have read,
understand and shall implement all of the Conditions of Approval.
12. Drink Promotions: No drink promotions shall be permitted including "happy hours" which
offer discounted prices for drinks.
CITY OF CAMPBELL, CALIFORNIA
California Environmental Quality Act
INITIAL STUDY
Development of a two-story commercial building
with a Use Permit to allow the establishment of a billiard hall use
November 1998
Prepared By:
Aid [rani, Planner I
City of Campbell
Community Development Department
70 North First Street
Campbell CA, 95008
(408) 866-2140
This statement is prepared in compliance with the California Environmental Quality Act
INITIAL STUDY
ENVIRONMENTAL EVALUATION CI-IECKLIST
I. BACKGROUND
Name and Address of Project Proponents:
BWI Downtown Partners (Developer)
54 N. Central Avenue
Suite 2
Campbell, C_A 95008
Gary Merlo (Billiard Hall operator)
1795 Rosswood Drive
San Jose, CA 95124
Name of Project:
Pockets billiard hail building
S 98-17 & UP 98-11
Project Address:
368 E. Campbell Avenue
Project Description:
The project is a two-story, 5,523 square foot commerciai building which will accommodate a
billiard hail business. The project requires approval of a Site and Architectural Review Permit (S
98-17). to allow development of the building, and a Conditionai Use Permit (UP 98-11) to ailow the
establishment of a billiard hail use with late night hours of operation and a bar with on-premises
sales of alcoholic beverages.
Environmental Setting:
The proposed commercial building will be constructed within the City's Downtown area on
property located on the southeast comer of Central Avenue and East Campbell Avenue. The
project site is located in a C-3-S (Centrai Business District) zoning district and is currently
developed with a 2,100 square foot auto repair building and parking lot which will be completely
demolished to accommodate development of the new project. The site is surrounded by
commercial development withih the City's Downtown area and is not designated on the City's
Historic Resources Inventory List.
Date Checklist Completed:
Prepared By: Aid Irani
Planner I
November 4, 1998
Initial Study Page 2
Two-story commercial building to accommodate Pockets billiard establishment November 4, 1998
II. ENVIRONMENTAL IMPACT EVALUATION
Introduction: The following evaluation has been prepared to determine if the project may have a
significant impact on the environment. For the purposes of this study, a significant impact shall
mean a substantial or potentially substantial change in the physical environment.
Evaluations: An "A" rating indicates that based upon the available information, the
environmental coordinator has determined that there will be no impact on the environment. A
"B" rating indicates that the impact will be insignificant. A "C" rating indicates that a specific
change to the project (mitigation measures) could reduce the impact to a level of insignificance.
A "D" rating indicates that the impact may or will be significant.
Discussion: A description of the proposed mitigation measures and the factual data or evidence
used to reach conclusions regarding impact significance is attached following the Determination
in Section 11I.
Earth.
Evaluation of the impact of the project upon:
(A) (B) (C) (D)
No Impact Insignif. Insig. if May Be
Mitigated
1. Earth stability or geologic substructure conditions X [--] ~] [--1
2. Soil Conditions: (disruptions, displacements, compaction or X [-] [--] [--]
overcrowding)
3. Topography or ground surface relief features X ~-] [-] [--]
4. Unique geologic or physical features X [--1 [--] [-']
5. Wind or water erosion of soils (on or off site) X [--] ['-] [-]
6. Beach sands, siltation, deposition or erosion which may modify the channel of X ['-] ['-] [--]
a river or stream or the bed of the ocean or the bay
7. Exposure of people or property to geologic hazards such as earthquakes, X [-'] [-] [-]
landslides, mudslides, ground failure, or similar hazards
No geophysical impacts will occur as a result of this project. The site is not near any known
earthquake fault and the project will be required to comply with all State Building Code
Standards to reduce the potential for geophysical hazards.
Initial Study Page 3
Two-story commercial building to accommodate Pockets billiard establishment November 4, 1998
Air.
Evaluation of the impact of the project upon:
(A) (B) (C) (D)
No Impact Insignif. Insig. if May Be
Miti ated $ienit'.
1. The deterioration of ambient air quality X ]--1 [-] [-]
2. The creation of objectionable odors X [--] ["-1 [--]
3. Air temperatures, moisture, movements, or micro-climates X [~] [-] [-']
The proposed project will not violate any air quality standards. Standard construction practices
will be implemented to ensure that short term dust and dirt impacts due to construction are
minimized. -The proposed billiard establishment is not anticipated to create any impacts upon air
quality.
Ce
Water.
Evaluation of the impact of the project upon:
(A) (B) (C) (D)
No Impact Insignif. lnsig, if May Be
Miti,
1. Currents or natural water courses X [-'] [-'] [--]
2. Absorption rates, drainage patterns, or the rate and amount of surface water 1--] X [-'] [-]
runoff
3. Flood water courses or flows X [] [-] [-]
4. Amount of surface water in any water body X [---] [-'] l-']
5. Discharges into surface waters, or alteration of surface water quality X [-'-1 ['-]
6. Direction or rate of flow of ground water X [-] [-1 [-]
7. Ground water quantity (additions, withdrawals, interceptions of an aquifer.'?) X [-] [~] [--]
8. Amount of water otherwise available for public water supplies X
9. Exposure of people or property to water related hazards (flooding) X [--] ['-]
The project will result in a minor decrease in the amount of storm water run-off from the site
due to a slight decrease in the impermeable coverage of the proposed project in comparison
with the existing building and pavement. The proposed project with building and paved
area will cover approximately 93% of the site. Approximately 7% of the site will be
devoted to landscaped area which will allow for filtration and percolation of run-off. The
site is currently developed with a building and paved parking area which covers the entire
Initial Study Page 4
Two-story commercial building to accommodate Pockets billiard establishment November 4, 1998
De
site. The City codes and standard conditions for building permits include conditions for
drainage; therefore, no additional mitigation measures are necessary.
Plant-life and Wildlife.
Evaluation of the impact of the project upon:
(A) (B) (C) (D)
No Impact Insignif. [nsig. if May Be
Mitigated
1. The diversity of species or number of any species of plants X [-'] ["'1 [--]
2. The number of any unique, rare or endangered species of plants X [--1 [-'] [--]
3. The normal replenishment of existing species X [-'-] 1--] [-]
4. Acreage of an aghcultural crop X [--] [-'] [--]
5. The diversity of species or numbers of species of animals X ['-] [--1 ['-]
6. Numbers of any unique, rare or endangered species of animals X [--] [--] [-'-]
7. The normal migration or movement of animals X [--] ["-1 [--]
8. Deterioration to existing fish or wildlife habitat X [--] [-'] [-]
The project site is currently developed with a 2,100 square foot auto repair building and parking
lot. There is no landscaping on-site; therefore, there are no endangered species or habitats of
plant life and/or wildlife on or adjacent to this site. The project will entail installation of street
trees along E. Campbell Avenue and Central Avenue, and a landscaped planter at the rear of the
property along the rear parking stalls.
E. Noise.
Evaluation of the impact of the project upon:
(A) (B) (C) (D)
No Impact Insignif. Insig. if May Be
Mitigated nif.
1. Existing noise levels X ['-] [--1 [--]
2. Exposure of people to severe noise levels X [--] [--]
The project is not anticipated to create any significant increases in noise within the surrounding
neighborhood and to adjacent properties than would be expected with any other commercial use
within the Downtown area. Any noise and/or music in association with the billiard establishment
will be required to be contained within the building through conditions of approval. With respect
to construction, conditions of approval for the project will require compliance with local
ordinances for construction hours and practices.
Initial Study Page 5
Two-story commercial building to accommodate Pockets billiard establishment November 4, 1998
Fe
Natural Resources and Energy.
Evaluation of the impact of the project upon:
(A) (B) (C) (D)
No Impact Insignif. lnsig, it' May Be
Miti~ :ated
1. Rate of use of any natural resource X 1--] ['-1 [--]
2. Depletion of any nonrenewable natural resource X [--'] ["-] [-']
3. Use of substantial amounts of fuel or energy X ["] ~] ~1
4. Demand upon existing sources of energy X [--] ['-] [--]
The project is consistent with the General Plan and will neither conflict with adopted energy
conservation plans, nor waste non-renewable resources.
Human Health
Evaluation of the impact of the project upon:
(A) (B) (C) (D)
No Impact Insignif. Insig. if May Be
Miti.~
1. The creation of any physical or mental health hazards X ~] ['-] ['"1
2. Exposure of people to potential health hazards X [~ [--] [--]
3. Risk of explosion of, or release of hazardous substances X [~ [~] [--]
The project is not anticipated to create any health or safety hazards. The proposed building will
be required to comply with the State and City Building Code Standards and requirements of the
Santa Clara County Fire Department.
H. Visual Impacts
Evaluation of the impact of the project upon: (A) 03) (C) (D)
No Impact Insignif. Insig. if May Be
Mitigated mif
1. Obstruction of any scenic vista or view open to the public X [-] [-]
2. Creation of an aesthetically offensive site open to public view X [--] [-"]
3. Production of new light or glare X ['-] [--] [-]
No scenic vistas or views open to the public will be impacted by the development of this project.
The project has been desired to be architecturally compatible with the Downtown area and is
consistent with the design guidelines for the C-3-S (Central Business District) zoning district.
Initial Study Page 6
Two-story commercial building to accommodate Pockets billia~d establishment November 4, 1998
Historical Resources.
Evaluation of the impact of the project upon:
(A) (B) (C) (D)
No Impact Insignif. Insig. if
Mitigated
I 1' Si~ificant arche°l°gical °r hist°rical sites' structures' °b jeers °r I Xbuildings.
May Be
Si~nif.
The project site is currently developed and there are no known archaeological and/or historical
sites, structures, objects or buildings on the property. The existing building and the project site
are not listed on the City's Historic Resources Inventory List.
J. Land. Use
Evaluation of the impact of the project upon: (A) (B) (C) (D)
No Impact Insignif. Insig. if May Be
Mitigated
1. Present and/or planned land uses in the area X [--] ['-1 ['-]
2. Population: The location, distribution, density or growth rate of the X ['-] [--']
human population in the area
3. Housing: Existing housing or demand for additional housing X
4. Transportation: X [~] [-'] [--]
A) The generation of substantial additional vehicular movement
B) Existing parking facilities, or demand for new parking X ['-] ['"'] ['-]
C) Existing transportation systems X [-'] [~ [--]
D) Present patterns of circulation or movement of people and/or goods X [-'] ['-] []
E) Waterborne, rail or air traffic X [] [-'] 1--]
F) Traffic hazards to motor vehicles, bicyclists or pedestrians X [-'] [-] [--]
5. Recreation: The quality or quantity of existing recreational X [--] {--"] ['-]
opportunities
The project as a two-story commercial building to accommodate the occupancy of a billiard hall
business with late night hours of operation and on-premises sales of alcoholic beverages is
consistent with the General Plan and Zoning Ordinance with approval of a Site and Architectural
Review Permit and Conditional Use Permit. The Use Permit will regulate the hours of operation;
the proposed hours of operation are Monday - Thursday, 4 p.m. to 12 a.m.; Friday and Saturday,
3 p.m. to 2 a.m.; and Sunday, 12 p.m. to 10 p.m. The use is also consistent with the objectives
of the Campbell Downtown Development Plan. The building will be developed with parking
Initial Study Page 7
Two-story commercial building to accommodate Pockets billiard establishment November 4, 1998
standards for retail and office uses to accommodate the development of the building as a
commercial structure. The City currently does not have parking standards for a billiard hall use;
however, it is not anticipated that the use will create a significant demand for parking within the
Downtown area.
K. Is the project consistent with:
Yes No
1. The General Plan X ['-]
2. The Zoning Ordinance X [-']
3. Congestion Management Program X
4. Other applicable land use controls X ['-]
The project as a commercial development is consistent with the Land Use element of the General
Plan, the C-3-S (Central Business District) zoning district regulations of the City's Zoning
Ordinance and the objectives of the Campbell Downtown Development Plan with approval of a
Site and Architectural Review Permit and Use Permit.
Le
Public Services and Utilities
Evaluation of the impact of the project upon:
(A) (B) (C) (D)
No Impact Insignif. Insig. if May Be
1. Fire Protection Services
2. Police Protection Services ['-] X [--'] [--]
3. Schools X
4. Parks or other recreational facilities X [--] [~] ['-]
5. Maintenance of public facilities, including roads I'-] X ['-] ['-]
6. Other governmental services X ["'] [-] [-]
7. Power or natural gas systems X [--] [-'] ['-]
8. Communication systems X
9. Water systems [~ X ['-] [--]
10. Sewer or septic tanks [~ X ['-] ['-]
11. Storm water drainage [--] X ['--] [-']
12. Solid waste and disposal ['--[ X [-'-] [-'-]
Initial Study Page 8
Two-story commercial building to accommodate Pockets billiard establishment November 4, 1998
The project will require public services such as fire and police services and street maintenance;
however, it will not result in any significant changes to the existing service. The utilities for this
project including water, power, storm drainage and sewage disposal will tie into existing service
mains and will not require new or altered service systems.
M. Mandatory Findings of Significance
Yes No
1. Does the project have the potential to degrade the quality of the environment, [--] X
substantially reduce the habitat or a fish or wildlife species, cause a fish or
wildlife population to drop below self sustaining levels, threaten to eliminate a
plant or animal community, reduce the number or restrict the range of a rare or
endangered plant or animal or eliminate important examples of the major periods
of California history or prehistory?
2. Does the project have the potential to achieve short term goals to the [-'] X
disadvantage of long term goals?
3. Does the project have impacts which are individually limited, but cumulatively ['"] X
considerable? (A project may impact on two or more separate resources where
the impact on each resource is relatively small, but where the effect of the total
of those impacts on the environment is sig-nificant.)
4. Does the project have environmental effects which will cause substantial adverse [--I X
effects on human beings, either directly or indirectly?
III. DETERMINATION AND RECOMMENI)ATION
On the basis of this initial evaluation and the information available, the environmental
coordinator has determined that:
(Check one)
X A) The proposed project could not have a significant effect on the environment. A Negative
Declaration should be prepared.
~] B) Although the proposed project could have a significant effect on the environment, there will
not be a significant effect in this case because the mitigation measured described on the
attached sheet(s) have been added to the project. A Negative Declaration should be prepared.
['-1 C) The proposed project may have a significant effect on the environment. An Environmental
Impact Report should be prepared.
In/tial Study Page 9
Two-story commercial building to accommodate Pockets billiard establishment November 4, 1998
Date:
IV.
SUPPLEMENTAL INFORMATION
Reference Documents:
1. CEQA Guidelines, 1994 version
2. Project Plans dated March 6, 1998 as received by the Planning Department
3. Campbell General Plan and Zoning Ordinance
4. Downtown Redevelopment Plan
5. Shared Parking Analysis
Initial Study
Two-story commercial building to accommodate Pockets billiard establishment
Page 10
November 4, 1998
OA'CHAgO'
CITY OF CAMPBELL
Community Development Department
December 1, 2000
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Planning Commission of the City of Campbell has set the time of
7:30 p.m., or shortly thereafter, on Tuesday, December 12, 2000, 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 an Extension (PLN2000-170) to a previously-approved Site and
Architectural Approval to allow the construction of a new 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 prepared 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
PLEASE NOTE:
When calling about this Notice,
please refer to File No. PLN2000-170
Address: 368 E. Campbell Avenue
SHARON FIERRO
SECRETARY
70 North First Street . Campbell, California 95OO8.1423 . TEL 408.866.2140 · F^X 408.866.8381 ' TDD 408.866.2790
CITY OF CAMPBELL
Community Development Department · Current Planning
December 3, 1999
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, December 14, 1999, in the City Hall
Council Chambers, 70 North First Street, Campbell, California, for a Public Hearing to
consider the application of Mr. Jeff Wyatt and Mr. Gary Merlo for approval of an
Extension (PLN1999-00016) to a previously-approved Site and Architectural Approval (S
98-17) to allow the construction of a new two-story building in the Downtown area and a
Conditional Use Permit (UP 98-11) to allow a billiard establishment on property located
at 368 E. Campbell Avenue in the C-3-S (Central Business District) Zoning District. A
Negative Declaration has been prepared 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
PLEASE NOTE:
When calling about this Notice,
please refer to File No. PLN 1999-00016
Address: 368 E. Campbell Avenue
STEVE PIASECKI
SECRETARY
70 North First Street . Campbell, California 95008.1423 · TEL 408.866.2140 - FaX 408.866.8381 - TDD 408.866.2790
:C :OLOR 8 D MATE I. .i
PROJECT:
COMMERCIAL BUILDI'NG
36~8 EL' ~CAI~71PBELL AVl=..
CAM PG-~..'LL, CA'..
KM566-L
Secluded Cottage
PREFAB-
SHAPE ACCENTS
EQUAL -- VERIFY)
COLOR:
PR ECOf~TE E) STUCCO FOAM
FOAM" 0 R
..EXTERIOR WALL: 7,18"
WI SMOOTH FINISH
COLOR' '
CEMENT
PLASTER
· EXTI~.F~I 0 R
WOOD'bOOR ASSEMBLIES
_& WOOD SASlrl WINDOW ASSEMBLIES
'By "MARVIN" OR EQUAL (VERIFY)
FIRE RATED WINDOW & DOOR
ASSEMBLIES BY "OTHERS" -- VERIFY
Wi CONTRACTOR
W.I. RAILINGS BY "OTHERS" -- VERIFY
VVl CONTRACTOR
COLOR: "
COLORS BY "KELLY--MOO. RE P,,~,I.NTS".~/I~-/~.¢¢
:~pproval m.~a~e:
'h~ildlag Permit:
BR~CK P ~A S T E R S. O O M~~~.t~
"OL~NKE~S" (COLOR SHOWN D~PICTS
THE NATURA~R~OK COLOR BEING