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Site & Use Permit - 1998January22,2001 City Clerk City of Campbell 70 N. First Street Campbell, CA 95008 COVENANT FOR RECIPROCAL INGRESS/EGRESS EASEMENT This instrument is made by Jeffery L. Wyatt and Gaylene A. Wyatt Jeffery and Gaylene Wyatt (hereinafter referred to as "First Party") is the owner of certain real property located in the City of Campbell, County of Santa Clara, State of California, commonly known as 368 East Campbell Avenue, Santa Clara County Assessors Parcel number 412-07-035, as more particularly described in Exhibit A, which is attached hereto, and made a part hereof (hereinafter referred to as "Parcel One"). First Party has applied for and has received conditional approval by the City of Campbell for a two-story building. o The approval of the project was conditioned upon First Party recording an agreement (hereinafter referred to as the "Easement") with the parcel located immediately to the east, on the southeastern corner of East Campbell Avenue and Central Avenue, commonly known as 376, 378, 384, 394, 900, 412, 416, 422 and 428 East Campbell Avenue, Campbell, California, Santa Clara County Assessors Parcel number 412-07-036, 37, 38 and 39 as more particularly described in Exhibit B, which is attached hereto, and made a part hereof (hereinafter referred to as "Adjoining Owners"). NOW, THEREFORE, FIRST PARTY COVENANTS AND AGREES AS FOLLOWS: Subject to satisfaction of the conditions set forth herein, First Party hereby covenants and grants to Parcel Two a nonexclusive appurtenant easement for vehicular ingress and egress over the portion of Parcel One described in Exhibit C, which is attached hereto, and made a part hereof, or such portion thereof as determined to be reasonable and necessary by the City. Covenant for Reciprocal Ingress/Egress Easement 368 East Campbell Avenue Page 2 The easement granted by this Covenant shall not become effective until such time as the other owners of the adjoining parcels record a similar easement for reciprocal vehicular ingress and egress appurtenant to Parcel One providing ingress and egress to and from Central Avenue over Parcel Two to and from Parcel One. o The weight of the vehicle using the reciprocal access shall be limited to a maximum of 5,000 pounds. Nothing is this Covenant shall be construed as providing for reciprocal use of parking located on Parcel One. o Nothing contained in this Covenant shall be construed to require a loss of more than one parking space on Parcel One. o The owner of Parcel One shall not be required to incur any construction costs in order to implement the reciprocal easement with Parcel Two. ° The loss of parking space shall not result in a limitation to the current use of the building beyond that contained in the original permits of approval; the uses in the building will be calculated as 13 parking spaces are being provided. o The Easement shall conform to all City requirements regarding the scope, use and location of the Easement that exist as such time in the future as any of the owners of the adjoining parcels record the similar easement for reciprocal ingress and egress. o If any of the other owners of the adjoining parcels fail to record the reciprocal easement within ten (10) years of the recordation of this Covenant, then this Covenant shall become void and unenforceable. 10. This Covenant is intended to be a covenant running with the land, and the burdens of the Covenant shall be binding upon, and the benefits of the covenant shall inure to all successors in interest to the real property described herein. IN WITNESS WHEREOF, the undersigned have executed this Covenant this 22 day of January, 2001. Jeffery L. Wyat:t ..... ., Gaylene A. Wyatt .0¥' c~,o CITY OF CAMPBELL Public Works Department December 2, 1998 BWI Downtown Partners 54 N. Central Avenue Campbell, CA 95008 Re: Application S 98-17/UP 98-11 - 368 E. Campbell Avenue Gentlemen: The Planning Commission, at its meeting of November 24, 1998, adopted Resolution 3206 granting a Site and Architectural Approval to allow the construction of a new two-story building on the above-referenced property. At your earliest convenience, I would like to arrange a meeting with you, your consultants, and the City's Public Works land development representative(s). The purpose of the meeting would be to review the conditions of approval imposed by the Public Works Department and the Department's procedures and requirements for satisfaction of those conditions. The land development representative(s) may also include staff members from the Planning and Building Divisions, if necessary. We hope this meeting will facilitate your project and assist in making your project a success. Please contact me at (408)866-2158 to arrange a meeting time and to answer any questions. Since~y, //; ~ Land Development Engineer CC: Michelle Quinney, City Engineer Frank Cauthorn, Building Official Aki Irani, Planner I t h:\word/landdev/368 campb(mp) 70 North First Street - Campbell, California 95008.1423 - TEL 408.866.2150 · F^X 408.376.0958 · TDD 408.866.2790 CITY or CAMPBELL Community Development Department · Current Planning November 25, 1998 BWI Downtown Partners 54 N. Central Avenue, Suite 2 Campbell, CA 95008 Re: S 98-17/UP 98-11 -368 E. Campbell Avenue Dear Applicant: Please be advised that the Planning Commission, at its meeting of November 24, 1998, adopted the following Resolutions: 1. Resolution No. 3206 granting a Site and Architectural Approval to construction of a new two-story building in the Downtown; and 2. Resolution No. 3207 approving a Conditional Use Permit to allow establishment (Pockets) on the above-referenced property. allow the a billlard This approval is effective in ten days, unless appealed in writing to the City Clerk. The time within which judicial review of this decision must be sought is governed by California Code of Civil Procedure, Section 1094.6. If you have any questions, please do not hesitate to contact me at (408) 866-2140. Sincerely, Aki Irani Planner I cc: Harold Housley, Public Works Frank Cauthorn, Building Wayne Hokanson, Central Fire Geoff Bradley, Redevelopment Richard Shipman, Police Department Gary Merlo, Pockets, 251 Castro Street, Mountain View, CA 94039 70 North First Street - Campbell, California 95008. 1423 . VEL 408.866.2140 · VAX 408.866.8381 ·TDO 408.866.2790 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 1N THE C-3-S (CENTRAL BUSINESS DISTRICT) ZONING DISTRICT. APPLICATION OF BWI DOWNTOWN PARTNERS. FILE NO. 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 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. 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. 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 Parmers 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. o 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. o 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 Project: 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 Parmers 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. Bo 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 o 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 pe'nnits, 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. 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 Panners Page 4 o 10. 11. 12. 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 Site and Architectural Review Committee 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: 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 Site and Architectural Review Committee 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. Planning Commission Resolution No. 3206 S 98-17 - 368 E. Campbell Avenue - BWI Downtown Partners Page 5 13. 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. 14. Utility Boxes and Back-Flow Preventers: Applicant to submit a plan pr/or 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. 15. 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 fi:om the sidewalk by a planter area between the enclosure and the sidewalk which shall be planted with minimum 15-gallon shrubs and groundcover. 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. 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 fi:om 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 accordance with ADA requirements driveway approach and sidewalk in 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 fight-of-way line. Planning Commission Resolution No. 3206 S 98-17 - 368 E. Campbell Avenue - BWI Downtown Parmers 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 £. Campbell Avenue - BWI Downtown Panners Page 8 PASSED AND ADOPTED this 24t~ 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 ATTEST · Steve Piasecki, Secretary 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 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 LIP 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. o 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. ° 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. 7. The proposed billiard establishment with on-sale general liquor service will not result in an over concentration of such uses in the area. o 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. 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 Parmers (Pockets) Page 3 APPROVED PROJECT 1. Approved Project: Approval is granted for a Conditional Use Permit (LIP 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 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. 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 fi'ee 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. o 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 bom 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. Transferabili _ty 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 244 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 ATTEST: Steve Piasecki, Secretary STAFF REPORT - PLANNING COMMISSION MEETING OF NOVEMBER 24, 1998 ITEM NO. 3 S 98-17 & UP 98-11 Bowen, B. Merlo, G. Public Hearing to consider the applications of Mr. Bruce Bowen and Mr. Gary Merlo, for approval of a Site and Architectural Review Permit (S 98-17) to allow the development of a two-story, 5,523 square foot commercial building, and a Conditional Use Permit (UP 98-11) to allow the establishment of a billiard hall within the proposed commercial building, with incidental on-sale general liquor service and extended hours of operation past 11 p.m., on property located at 368 East Campbell Avenue in the C-3-S (Central Business District) zoning district. STAFF RECOMMENDATION That the Planning Commission take the following action: 1. Grant a Negative Declaration for this project; and Adopt a Resolution, incorporating the attached findings, approving a Site and Architectural Review Permit to allow the development of a two-story commercial building in the Downtown area and a parking adjustment to allow a reduced width in the standard parking stall size, subject to the attached Conditions of Approval; and Adopt a Resolution, incorporating the attached findings, approving a Conditional Use Permit to allow a billiard establishment within the commercial building with incidental on- sale general liquor service and late night hours of operation past 11 p.m., subject to the attached Conditions of Approval. ENVIRONMENTAL DETERMINATION In accordance with CEQA, the City conducted an Initial Study for this project. The results of the study determined that no significant impacts would be created as a result of this project. Based upon the information provided in the environmental assessment, Staff recommends that the Planning Commission adopt the Negative Declaration prepared for this project. The Initial Study and the findings in support of the Negative Declaration are included as an attachment to this report. PROJECT DATA Site Data: Gross Lot Area: Net Lot Area: .33 acres (14,550 square feet) .20 acres (8,630 square feet) Site Utilization: Building Coverage: Landscape Coverage: Paving Coverage: 41% 7% 52% 3,528 sq. ft. 590 sq. ft. 4,512 sq. ft. Staff Report - Planning Commission Meeting of November 24, 1998 S 98-17 & UP 98-11 - 368 E. Campbell Avenue Page 2 Total Building Area: Floor Area Ratio (FAR): 5,523 square feet .64 Parking: Provided: Required: 14 parking spaces 14 parking spaces* (8 standard, 5 compact, and 1 disabled) * Required Parking is based upon approval of a commercial building consisting of retail and office uses. Billiard Hall Data: Hours of Operation: Sunday - Thursday 7:00 a.m. to 12:00 a.m. Friday & Saturday 7:00 a.m. to 2:00 a.m. DISCUSSION Applicant's Proposal: The applicants are requesting approval of two separate applications, a Site and Architectural Review Permit (S 98-17) to allow the development of a two-story commercial building in the Downtown area, and a Conditional Use Permit (UP 98-11) to allow the establishment of a billiard hall in the proposed commercial building with incidental on-sale general liquor service and late night hours of operation after 11:00 p.m. The project site is located on the southeast comer of Central Avenue and East Campbell Avenue and is within the City's Redevelopment Project Area. The site is surrounded by commercial offices to the south, commercial offices and retail uses to the north across E. Campbell Avenue, a hair salon to the east and a restaurant to the west across Central Avenue. The site is currently developed with an auto repair business, which will be demolished to accommodate development of the new project. ANALYSIS General Plan Designation: The General Plan land use designation for the project site is commercial. The proposed two-story commercial building and billiard establishment, with incidental on-sale general liquor service and late night hours of operation past 11 p.m., are commercial uses which are consistent with the General Plan. Central Campbell Redevelopment Plan: The project site is located in the Central Campbell Redevelopment Project Area within the Downtown area of the City. The Central Campbell Redevelopment Project Area was created by the Redevelopment Agency to encourage elimination of visual, economic, physical and social blight and to facilitate redevelopment of the project area. The goals for redevelopment of the project area are specified in the Central Campbell Redevelopment Plan. The project site is also located within the City's Downtown area and is subject to the goals and policies of the Campbell Downtown Development Plan. The proposed commercial building and billiard establishment are consistent with the goals of both the Staff Report - Planning Commission Meeting of November 24, 1998 S 98-17 & UP 98-11 - 368 E. Campbell Avenue Page 3 Central Campbell Redevelopment Plan and the Campbell Downtown Development Plan as follows: a) Enhances the downtown as the civic, economic and cultural center of activity for the City of Campbell. b) Enhances the identity of the downtown as a central business district that serves as a meeting place for local residents as well as a destination. c) Facilitates the development of downtown as an economically viable commercial district. d) Encourages a mix of economically viable commercial uses in the downtown creating a balance of daytime and evening activities. e) Enhances the pedestrian-oriented environment of the downtown. f) Ensures that the new building in the downtown will be of high architectural design quality and provides architectural diversity in the downtown. Zoning Designation: The zoning designation for the project site is C-3-S (Central Business District). The proposed two-story commercial building is a permitted use within this district. The proposed billiard establishment is not a specifically identified use in the C-3-S zone. However, under Section 21.26.030 (Uses Permitted with Use Permits) of the C-3-S zone and pursuant to Section 21.59.070 of the Zoning Ordinance, the Planning Commission may make a finding that such a use is similar to other uses permitted in that zoning district with approval of a Conditional Use Permit. A billiard establishment is a commercial entertainment use that is similar to an Arcade with amusement devices and games. Arcades are specifically listed as a permitted use within the C-3- S zone with approval of a Conditional Use Permit. Staff recommends that the Planning Commission find that the proposed billiard hall is similar to an Arcade, with approval of a Use Permit. Site and Architectural Review Permit Site Layout: The proposed site plan indicates the construction of a two-story, 5,523 square foot commercial building on the southeast comer of Central Avenue and E. Campbell Avenue. The building will be set back 14 feet from Campbell Avenue and 12.5 feet from Central Avenue. A parking lot, providing 14 parking spaces, will be constructed behind the building and will be accessed from Central Avenue. A planter area is provided along the southern property line to screen the parking spaces. An outdoor patio enclosure is also provided facing the parking lot at the back of the building. Building Design: The proposed building will incorporate a simplified mission revival style of architecture with a stucco exterior, use of arches and arched windows, and a scalloped parapet to accent the facade at the street comer. In addition, the building will be accented by a wrought- iron balcony on the second floor at the comer of the building. Additional architectural accents include brick wainscoting at the base of the building, decorative stucco cornice treatments, and recessed windows with wood trim. Staff Report - Planning Commission Meeting of November 24, 1998 S 98-17 & UP 98-11 - 368 E. Campbell Avenue Page 4 A color and material board has been submitted which shows the body of the building to be a warm gray tone and the window trims and cornice to be painted white. Staff has reviewed the elevations and is supportive of the proposed design of the commercial building with the minor additional recommendations that additional colors be used to accent the cornice and window trims, and to further alleviate the appearance of a flat building wall. Staff has added conditions of approval which reflect these revisions to the building design. Parking: The applicant is providing 14 parking spaces which is the required number of parking spaces for a commercial building with retail and office uses, consistent with the C-3-S zoning district. Other billiard halls within the City have previously been approved using such commercial parking standards and Staff has noted no problems with the use of these parking standards at these existing billiard halls. The applicant is also requesting approval of a parking adjustment to parking space dimensions which do not meet the standard parking dimensions of 9 feet (width) by 20 feet (length). The proposed "standard" parking dimension is 8.5 feet (width) by 20 feet (length). Planning Staff is supportive of this request and does not anticipate maneuverability and/or parking problems with the lessened parking stall widths. Conditional Use Permit Proposed Billiard Establishment: The proposed billiard establishment will occupy the entire 5,523 square foot, two-story commercial building and is proposed to be an upscale, family- oriented billiard hall, which would allow minors to enter and/or play billiards. The billiard hall will consist of billiard tables, a separate full-service bar area, and a private pool room for parties. There will also be large screen televisions for patrons to watch sporting events. The Use Permit request is to establish a billiard hall as a primary business use with space predominantly devoted for billiard tables. The separate bar area is limited to a small portion of the tenant space and is only an incidental use to the billiard hall. In addition, the billiard establishment will offer catered food from surrounding restaurants in the Downtown Campbell area as a means to provide food service. The applicant has submitted a description letter of the business and proposes to employ approximately 5-7 employees per shift. The applicant states that the majority of the customers are anticipated to patronize the business after 7:00 p.m. Campbell Municipal Code: Billiard halls are specifically identified and regulated under Chapter 5.28 (Pool and Billiard Halls - Business License and Regulations) of the Campbell Municipal Code. The operator of a billiard establishment is required to obtain two (2) separate City permits to operate such a use. Approval of a Use Permit is required to regulate the use and location of billiard halls within the City. Approval of a Billiard Hall Permit is required to allow the Police Department to review the background and competence of a billiard hall operator. This permit requires approval by the City Council. A condition of approval has been added that requires the Staff Report - Planning Commission Meeting of November 24, 1998 S 98-17 & UP 98-11 - 368 E. Campbell Avenue Page 5 applicant and/or operator of the billiard hall to obtain approval of a Billiard Hall Permit prior to operation of the use. Liquor License: In conjunction with the billiard establishment, a separate full-service bar and incidental on-sale general liquor service are proposed. The serving of alcoholic beverages for the use is ancillary to the primary use of the building as a billiard hall. Conditions of approval have been added to mitigate adverse impacts associated with the serving of alcohol. In addition, a condition of approval has been added to require compliance with the State Department of Alcoholic Beverage Control. Hours of Operation: The applicant is requesting approval of the following hours of operation: Sunday - Thursday Friday & Saturday 7:00 a.m. to 12:00 a.m. 7:00 a.m.. to 2:00 a.m. The Campbell Police Department has reviewed the application and has no concerns or objections with the proposed billiard establishment with the proposed late night hours of operation and on- sale general liquor service. Minors: The proposed billiard establishment intends to permit minors to enter and/or play billiards if accompanied by a parent or legal guardian. The City recently adopted an amendment to the Pool and Billiards Hall ordinance under Chapter 5.28.030 of the Campbell Municipal Code which includes a provision that permits minors under the age of 21 years to enter and/or play billiards in billiard halls where on-premises alcoholic beverages are offered, if approved by a Conditional Use Permit. Such approval is contingent upon approval of a billiard hall permit by the City Council and subject to the approval by the State of California Department of Alcoholic Beverage Control. Staff has added conditions of approval to ensure that the billiard establishment will be safe for the presence of minors. These conditions are included as part of a management plan whereby employees will be trained to take reasonable precaution to ensure that no minors under the age of 14 shall be permitted to enter without being accompanied by a parent or legal guardian, that no minors under 21 years of age are sold or served alcoholic beverages on the premises, and that employees are trained to either remove customers creating disturbances on the premises and/or seek assistance by the Police Department. Site and Architectural Review Committee: The Site and Architectural Review Committee reviewed the application at its meeting of November 10, 1998 and expressed the following comments: The proposed use of retail and office parking standards for the billiard establishment is a concern. The Committee expressed concerns that the billiard establishment will need more parking than would be provided using retail and office parking standards. Staff Report - Planning Commission Meeting of November 24, 1998 S 98-17 & UP 98-11 - 368 E. Campbell Avenue Page 6 2. The Committee is supportive of the parking adjustment to the standard parking stall size to use 8.5 feet parking stall widths rather than 9 feet stall widths. o The applicant should review the location of the disabled person parking space to ensure that the support column of the building does not interfere with the use of the striped access area and meets Americans with Disabilities Act requirements. The pattern and proportion of the windows and architectural details on the first floor lack relationship to the pattern and proportion of windows and architectural details on the second floor. The Committee recommends that the applicant revise the elevations to provide consistent proportions of the windows and architectural details between the first and second floors. o The arched walkway opening along the west side of the building facing Central Avenue is large and is disproportionate to the arched windows on the building. The Committee recommends that the elevation be revised to incorporate arched openings which are of the same proportions as the arched windows. In addition, the Committee added that metal grids be added within the openings to simulate the design of the arched windows. o The driveway width throughout the parking lot should be widened to 25 feet to allow sufficient back-up space for any vehicle parked in space no. 7 along the east side of the property. The Committee recommended that the planter along the east elevation be shortened to accomplish the wider driveway width. ° The colored perspective is not accurately drawn and does not depict the proposed setback of the building from the street. The Committee recommends that the perspective be revised to depict the proposed setbacks from the streets. 8. Additional landscaping should be incorporated along the street frontages adjacent to the building. The floor plans of the building and the proposed billiard establishment layout should be consistent. In addition, the floor plans should indicate the flow path of customers within the building. 10. The applicant should review plans to ensure compliance with Americans with Disabilities Act requirements. 11. The Committee recommends that a condition of approval be added which requires that the applicant demonstrate that there is no contamination on site due to the current and previous use of the site as an auto repair business. Staff Report - Planning Commission Meeting of November 24, 1998 S 98-17 & UP 98-11 - 368 E. Campbell Avenue Page 7 Attachments: 1. Findings for approval of S 98-17 2. Conditions of Approval for S 98-17 3. Findings for approval of UP 98-11 4. Conditions of Approval for UP 98-11 5. Business Description for the billiard establishment 6. Letter dated November 19, 1998 from Gary Merlo describing the Management Plan. 7. Exhibits 8. Initial Study 9. Location Map Aki R. Irani, P1 nner I · Approved by: ~eve Pias~ecki, Coml~unity Development Director Attachment #1 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. 0 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. 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. Attachment #2 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. 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 prior to the issuance of building permits. Bo 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 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. o Driveway Width: Prior to the issuance of building permits, the applicant shall revise the site plan to incorporate a minimum 25ofoot 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. 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 Community Development Director 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: Conditions of Approval for S 98-17 - Planning Commission Meeting of November 24, 1998 S 98-17 - 368 E. Campbell Avenue Page 3 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 Community Development Department 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 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. 13. 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. 14. 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. 15. 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. B0 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. 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 sidewalk and replacement with an 8-foot wide 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. 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. Conditions of Approval for S 98-17 -Planning Commission Meeting of November 24, 1998 S 98-17 - 368 E. Campbell Avenue Page 6 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. FINDINGS FOR APPROVAL OF FILE NO. UP 98-11 SITE ADDRESS: 368 E. Campbell Avenue APPLICANT: Gary Merlo P.C. MEETING: November 24, 1998 Attachment #3 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. o Attachment 4/4 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 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. 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 Pa~e 2 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 Pa~e 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. September 8, 1998 5~51 0AST~0 StifFer MOLINTAIN VIEW, 0A ¢J403¢J 435/¢J6~-7744 City of Campbell 70 N. First Street Campbell, CA 95008 Re: Use Permit: Pockets Billiards Address: Campbell Avenue, Campbell, CA 95008 To Whom It May Concern: I would like to propose establishing Pockets Billiards in the City of Downtown Campbell. "Pockets" will have approximately 15 to 18 billiards tables. It will also offer large screen televisions for sporting events and a full-service bar. Pockets will employ 5-7 employees per shift. Approving this application will provide Downtown Campbell residents and patrons with a popular source of night-time entertainment. This upscale establishment will enhance the business community that is currently being brought to the Downtown area. Billiards is a thriving trend that will invite more people to Downtown Campbell. To further address the issue of this application, I have enclosed a strategic brief, which detail further intent of Pockets Billiards. CEO Pockets Billiards 11/20/98 FRI 10:29 FAX 408 362 4444 KINKO~$ SAN JOSE III ~002 November 19,! 998 City of Campbell Planning Department Re: Pockets Bill/aras Management Plan: To Whom It May Concern: Pockets Billiards Management Plan: Pockets Billiards will provide a safe environment for minors by taking a variety of safeguards. ForcmosL an adult must accompany ali minors, under the age of 18. The management and staffof Pockets Billiards will bc instructed to deny billiards play or acccs.~ to the facility for any minor no accompanied by an adult. Another precaution for minors in the presence of alcoholic beverages will be for thc staff of Pockets to enforce a strict policy on checking identification of each individual appearing 30 years or younger. PockeLs will also designate a certain area for minors to play billiards_ Any table consisting of minors will be regulated to a particular area in the establishment, thus allowing thc staff and management easier supervision of said minors. Additional Precautions: · No Minors under thc age of I8 shall be permitted to enter Pockets Billiards without the accompaniment of an adult over the age of 21. · The management/staff of Pockets Billiards establishment will 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 shah be immediately terminated of employment at Pockets Billiards. · Employees of Pockets Billiards shall require all patrons show a valid identification prior to entrance into our establishment. · The management/staff of Pcn;kets Billiards will set up a program to train employees to identify patrons not able to drive duc to intoxication. (Set up by ABC: Alcohol Beverage Control.) · The management/staff of Pockets Billiards shall offer free tide home from a local taxi service to any individual who is identified as being unable to drive and or who requests such u'ansporlation and who has been served at our establishment. · Management/staff*of Pockets Billiards will be instructed to remove from the premises any minor who are under the influence of alcohol. Management/staff of Pockets Billiards will be instructed to remove any customer on the premises who create disturbance. 11/19/95 THU 09:37 FAX 405 379 5266 Klnko$ Campbell Ca. ~002 November 17, 1998 City of Campbell Planning Depa.,'unent Re: Pockets Bilhards To Whom It May Concern: Pockets Billiards will maintain an upscale entertainment facility, which will be geared to atWact a professional and family-oriemed crowd in th~ Downtown Campbell are~, Pockets will exude an above-average decor by maintaining a comfortable yet inviting billiards room. The trendy atmosphere will atlxact a young, professional patronage to this establishment. We will promote billiards as family entertainment and will cater to families in the afternoon and early evening hours, This will be done by discounted rates for families at predetermined hours. We also plan on advertising a happy hour to attract the young professionals of the community. Pockets will maintain a high standard in its clientele by enforcing a dress code if needed and constantly monitoring the preferences of this group. The owner of Pockets Billiards will play a vital role in the day-to-day operation of this club so as to meet the needs of his patrons and make changes where de~med appropriate. Pockets Billiards summary hours of operation visuals letters of recommendation · Pockets Billiards is an upscale billiard room in Downtown Mountain View, CA. Pockets has created a safe and inviting environment for all. Upscale billiards rooms are currently the only growing segment of the billiard industry. The term upscale relates to an innovative and modern approach to marketing billiard play. The atmosphere (renovation of the interior), service, and overall business approach will be exemplary. · Club Pockets, Inc. is a California-based company providing entertainment services (billiards, beer bar and cafe) to customers in the greater Mt. View, area. Downtown Campbell will provide excellent foot traffic in addition to Campbell's favorable demographics. In the next full year we intend to bring in an Event Planner for corporate events ie. (Team Building, Promotional parties, Quarterly functions etc...) · Pockets altracts large and small corporations to its establishment i.e. Silicon Graphics, Netscape, Adobe, Intel, Impact, Synplicity etc... Our mission as stated in the introductory letter is increasing the opportunity for members of the community to enjoy imaginative, high quality, cultured entertainment. Pockets is dedicated to building long-term relationships with customers through qualih,' services and support, and to being known as the premiere billiard room in the Bay Area. Pockets Billiards is an upscale billiard room in Downtown Mountain View, CA. Pockets has created a safe and inviting environment for all. Upscate billiards rooms are currently the only growing segment of the billiard industry. The term upscale relates to an innovative and modern approach to marketing billiard play. The atmosphere (renovation of the interior), service, and overall business approach will be exemplary. Pockets principal line of business is playing pool, with revenue coming from pool, beer, and retail sales. Our objective today is to change the ordinance Article II of Chapter 3 of the code concerning pool and billiard rooms. This ordinance was put into effect over 30 years ago. While at the time it was an approiate law, the times have changed and so has the billiards industry. We believe that the Town Planning Department should be able to use its discretionary power in granting approvals and setting conditions for the operation of billiards rooms. Therefore, a conditional use permit would be required. Pockets attracts large and small corporations to its establishment i.e. Silicon Graphics, Netscape, Adobe, Intel, Impact, Synplicity etc... Our mission as stated in the introductory letter is increasing the opportunity for members of the community to enjoy imaginative, high quality, cultured entertainment. Pockets is dedicated to building long-term relationships with customers through quality services and support, and to being known as the premiere billiard room in the Bay Area. Monday -- Thursday Friday and Saturday Sunday 4pm-12am 3pm- 2am 12noon-10pm Signage in front of Pockets. Downtown Mt. View Lower level. (Front view) Lower level seating section with big screen 50" T.V. Upper level view. Two tables on second floor. Local Los Gatos artist Claire Burke. Local artist from San Jose. June 30, 1998 ~.0F CITY OF CAMPBELL Police Department Gary Merlo Pockets Billiards 251 Castro Street Mountain View, CA 94309 Dear Gary: Campbell. I have had an opportunity to visit your establishment three times in the last several months. I am very pleased with how you and your staff manage the business. Your staff was extremely mindful of alcohol consumption while customers were playing pool. Frequent checks were made of tables to remove empty glasses, and identifications were check regularly. During my three visits, I never observed anyone who appeared to be intoxicated in public. It was clear to me that patrons in your establishment were there to play pool and not necessarily to consume alcohol. Based on my observations and information that I have received from the Mountain View Police Department regarding calls for service, I believe that there are not any law enforcement issues that will prohibit you from moving forward with a similar business in the City of Sincerely, David L. Gullo Chief of Police pockets/dig /clm cc: Bernard M. Strojny Kirk Heinrichs 70 North First Street · Campbell, California 95008.1497 . TEL 408.866.2121 · F^X 408.379.7561 · TDD 408.866.2790 Community Development Department 500 Castro Street · Post Office Box 7540 · Mountain View, CA 94039-7540 ° 650-903-6306 · FAX 650-903-6474 January 20, 1998 POCKETS BILLIARDS-~251 CASTRO STREET To Whom it May Concern: I would like to share with you a success story regarding downtown Mountain View. When the City completed the renovation of Castro Street and the new City Hall and Center for the Performing Arts in 1990, some people asked if the downtown revitalization process was "complete." The answer was "no." Much as these are great achievements for a community, a successful downtown has to draw customers, especially on evenings and weekends. The most challenging aspect of revitalization is attracting the private investment needed to bring life to the downtown. One of the businesses that keeps Castro Street full of strolling customers is Pockets Billiards. The owners renovated an older building that for many years was a beauty college. They brought the building up to code. More important, they brought more customers to Castro Street. In fact, Pockets is one reason that other businesses are opening on the same block, including Fibbar Magee's, Don Giovanni, Molly's, and Gelato Classico. i~U'~e City is pleased to see th, at Pockets has been a rea! success in downtown. It is frequently mentioned by the public as one of our night life anchors, and the feedback has been overwhelmingly positive. Thank you. Barney Burke Assistant Economic Development Manager BB/2/CDD 847-01-16-98L-E Synp icit/ Januaw 30,1998 To Whom It May Concern: Subject: Letter of Recommendation for Gary Merio I have had the pleasure of planning 4 events at Pockets Billiarcls. Gary Merfo has consistently done a remarkable job. I am always extremely pleased with the excellent customer service he provides. His attention to details is a hard quality to find in other event coordinators. He continually informs me of the status of my event, and on occasion has caught errors that I have made. In most events things usually do not go precisely as planned. I have on occasion extended the time of an event if it was going extremely well. One of the things that I appreciate most is the flexibility that Gary provides. Gary's staff is extremely efficient and helpful at all times during their service to our attendees. My events are for new and potential distributor employees. Those who have been fortunate enough to attend one of our Pockets events have always had a great time. We can expect to obtain good feedback for months after the event. I sincerely appreciate his hard work over the past 2 years and feel very fortunate to have him as my event coordinator for pool and learn events. It is wonderful to be able to put an event in Gary's hands and knew that it will get done properly. Furthermore, Gary's overall "good attitude" makes it a pleasure to do business with Pockets. Best Regards Maureen Cassidy Distribution Programs Specialist /rio 624 East Exclxn hunuxx'aie. 1. :.X. 94086 Phone ,I~8-6 l 7-6000 Fax tON-B17-6001 h.crnet hup: 'x~xv. svnplicity, com · Tuesdr, y, January 27, 1998 Referral From: Greg Lynn <glynn@netscape.com> Subject:Referral To: pockets 1G @ aol.com, pockets 1G @ aol.com January 27, 1998 4:23 PM Page: I To whom it may concern: A group of Netscape Engineers including myself have been patrons of the "Pockets" establishment on Castro street in downtown Mountain View every Wednesday night for the past year and a half and wholeheartedly endorse the operation. Four primary reasons our group likes Pockets: 1) No Smoking policy 2) Demographic of the patrons - no young out of control kids - mostly mid 20s to 50s group 3) It is clean, including the restrooms... 4) The staff remembers us and goes beyond the average level of customer service - reminds me of the attention a consumer used to get when I was a kid or that you expect in a European pub... Pockets is a good clean operation and whenever someone asks me for a place to play pool I recommend it over any other establishments I have visited. Signed Client Product Development QA Netscape Communications Inc. 501 E. Middlefield Rd. Mailstop MV-051 Mountain View CA 94043 650-937-3393 mailbox:/Seal%20Team%200ne/ System%3AFolder%208.1/Preferences/ RecezveQ: 11/18/g8; 11:lOAM; 5105275999 => B&C Homes, Inc.; #2 [~/18/98 1:26 ~ 5,' 85275999 P.02 Rece~.vea: 11~'18/.98; 11:09AM; 51q5275999 => B&C Homes, [nc.; #1 ~CH. OFFICE~ P.O! L~I ~L 9~I,LIH 9}I¥ 9Nl(lqflYdS' ~c '1' I~llld INVD o 'HA V tlH,fridlNVD '~ 89£ G~tSOdOltd V" / iI, ,) ?1 ,I. I IlW :'~ ti V CITY OF CAMPBELL Community Development Department · Current Planning November 13, 1998 NOTICE OF 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, November 24, 1998, in the City Hall Council Chambers, 70 North First Street, Campbell, California, for a Public Heating 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 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 heating. 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 Heating 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. S 98-17/UP 98-11 Address: 368 E. Campbell Avenue STEVE PIASECKI SECRETARY 70 North First Street · Campbell, California 95OO8.1423 · TEL 408.866.2140 · FaX 408.866.8381 · TDD 408.866.2790 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: Aki Irani, 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 CHECKLIST I. BACKGROUND Name and Address of Project Proponents: BWI Downtown Partners (Developer) 54 N. Central Avenue Suite 2 Campbell, CA 95008 Gary Merlo (Billiard Hall operator) 1795 Rosswood Drive San Jose, CA 95124 Name of Project: Pockets billiard hall 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 commercial building which will accommodate a billiard hall business. The project requires approval of a Site and Architectural Review Permit (S 98-17) to allow development of the building, and a Conditional Use Permit (UP 98-11) to allow the establishment of a billiard hall 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 (Central 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 within the City's Downtown area and is not designated on the City's Historic Resources Inventory List. Date Checklist Completed: Prepared By: Aki 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 III. Ao Earth. Evaluation of the impact of the project upon: (A) (B) (C) (D) No Impact Insignif. Insig. if May Be Mitigated ~nif. 1. Earth stability or geologic substructure conditions X [~] ~] [-"] 2. Soil Conditions: (disruptions, displacements, compaction or X [~] [--] ['-] overcrowding) 3. Topography or ground surface relief features X ~] [-'-] [-] 4. Unique geologic or physical features X ["-] [--] [--] 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 Be Air. Evaluation of the impact of the project upon: (A) (B) (C) (D) No Impact Insignif. Insig. if May Be Mitigated 1. The deterioration of ambient air quality X [--] [~ [~] 2. The creation of objectionable odors X 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. Insig. if May Be Miti 1. Currents or natural water courses X [--] [-] ['-] 2. Absorption rates, drainage patterns, or the rate and amount of surface water runoff 3. Flood water courses or flows X [-"] [--] [-"] 4. Amount of surface water in any water body X ['-] [--] [--] 5. Discharges into surface waters, or alteration of surface water quality X [-] ["-] [--] 6. Direction or rate of flow of ground water X [--] [--] 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 mn-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 Do 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) No Impact Insignif. 1. The diversity of species or number of any species of plants X 2. The number of any unique, rare or endangered species of plants X [~ ~] [--] 3. The normal replenishment of existing species X ['-] 4. Acreage of an agricultural crop X ["'i [-'1 [-] 5. The diversity of species or numbers of species of animals X [] 6. Numbers of any unique, rare or endangered species of animals X 1--] 7. The normal migration or movement of animals X [--] 8. Deterioration to existing fish or wildlife habitat X [~] (C) (D) Insig. if May Be Mitigated :nil. 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 Insignifi Insig. if May Be Mitigated 1. Existing noise levels X [--] [--] [-] 2. Exposure of people to severe noise levels X I--] [--] I--] 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 F. Natural Resources and Energy. Evaluation of the impact of the project upon: (A) (B) (C) (D) No Impact Insignif. Insig. if May Be Mitigated 1. Rate of use of any natural resource X ['-] [--] [~] 2. Depletion of any nonrenewable natural resource X [-] [--] ~] 3. Use of substantial amounts of fuel or energy X [--] ~] ~] 4. Demand upon existing sources of energy X [-'] I--I ~] 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 I--] [--] [--] 2. Exposure of people to potential health hazards X [--] [~] ['-] 3. Risk of explosion of, or release of hazardous substances X [--I [--] [--] 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) (B) (C) (D) No Impact Insignif, Insig. if May Be Miff 1. Obstruction of any scenic vista or view open to the public X [-] [--] I---] 2. Creation of an aesthetically offensive site open to public view X ~] [-"] [-] 3. Production of new light or glare X I~ [---] [-] No scenic vistas or views open to the public will be impacted by the development of this project. The project has been designed 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 billiard establishment November 4, 1998 Historical Resources. Evaluation of the impact of the project upon: (A) No Impact Significant archeological or historical sites, structures, objects or X buildings. (B) (C) (D) Insignif. Insig. if May Be Mitigated 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 1. Present and/or planned land uses in the area X [~] I-~ [-] 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 [~ I--] [-~ 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 F) Traffic hazards to motor vehicles, bicyclists or pedestrians X ~] ~1 [-] 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 I-'-] 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. Public Services and Utilities Evaluation of the impact of the project upon: (A) (B) (C) (D) No Impact Insignif. Insig. if May Be Miti . 1. Fire Protection Services [-'] X [-'] [--] 2. Police Protection Services [--] X [--] [--] 3. Schools X ~] ~] [--] 4. Parks or other recreational facilities X [-'-] [--] 5. Maintenance of public facilities, including roads 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 [-'] [--1 11. Storm water drainage 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 [--1 X disadvantage of long term goals? 3. Does the project have impacts which are individually limited, but cumulatively ['-I 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 significant.) 4. Does the project have environmental effects which will cause substantial adverse 1-'-] X effects on human beings, either directly or indirectly? III. DETERMINATION AND RECOMMENDATION On the basis of this initial evaluation and the information coordinator has determined that: available, the environmental 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. ['-] C) The proposed project may have a significant effect on the environment. An Environmental Impact Report should be prepared. Initial Study Page 9 Two-story commercial building to accommodate Pockets billiard establishment November 4, 1998 Date: , , ~'~/' 4 / 47 ~J5~ Signature: 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 Page 10 Two-story commercial building to accommodate Pockets billiard establishment November 4, 1998 CITY OF CAMPBELL Community Development Department · Current Planning November 3, 1998 Re: S 98-17FUP 98-11 - 368 E. Campbell Avenue Dear Applicant: Please be advised that the above-referenced application has been deemed complete and has been scheduled for the following meetings: Site and Architectural Review Committee Meeting Date: Tuesday, November 10, 1998 Time: 6:40 p.m. Location: Doetsch Conference Room, City Hall, 70 N. First Street, Campbell Planning Commission Meeting Date: Tuesday, November 24, 1998 Time: 7:30 p.m. Location: City Hall Council Chambers, 70 N. First Street, Campbell Should you have any questions or comments, please do not hesitate to contact me at (408) 866- 2140. Sincerely, Aki Irani Planner I CC: BWI Downtown Parmers (Applicant/Property Owner) 54 N. Central Avenue Campbell, CA 95008 70 North First Street · Campbell, California 95008.1423 - TEL 408.866.2140 - F^X 408.866.8381 · TDD 408.866.2790 .o¥' cAa~o . c~ CITY OF CAMPBELL Community Development Department - Current Planning Mr. Gary Merlo 1795 Rosswood Drive San Jose, CA 95124 November 2, 1998 Review of Site and Architectural Permit application (S 98-17) and Use Permit application (LIP 98-11) to allow the development of a two-story building and establishment of a billiard business on property located at 368 E. Campbell Avenue Dear Mr. Merlo: The Community Development Department has reviewed your applications for a Site and Architectural Review Permit (S 98-17) and a Use Permit (UP 98-11) to allow the development of a two-story building in the Downtown area and to establish a billiard business within that building on property located at 368 E. Campbell Avenue. Upon review, it was determined that the application is incomplete. The following revisions and/or additional information must be submitted by Friday, November 6, 1998 to process your applications for the November 24, 1998 Planning Commission meeting: A detailed, scaled floor plan which shows how many billiard tables will be located within the building, the location of each billiard table, bar area and seating areas, the floor plan of the outdoor enclosure (will this include seating and/or serving of drinks/food?), and description of usage of each room (on the preliminary plans, a private room is noted). Six (6) full size copies and ten (10) reduced 11" x 17" copies of the floor plan should be submitted. A description which states what type of liquor license you are requesting approval of (on-sale general liquor license?), if there is any food to be served, if and where such food will be prepared, and where such food will be served. 3. Ten (10) copies of the business description to be included in the Planning Commissioners' packets. In addition to the above-referenced matter, the Planning Department has also received comments and preliminary conditions of approval for your project from other City departments. Please f'md enclosed copies of these for your reference. 70 North First Street · Campbell, California 95OO8.1423 - TEL 408.866.2140 · F^x 408.866.8381 ' Tr>r> 408.866.2790 368 E. Campbell Page 2 Should you have any questions regarding the above referenced matter, please do not hesitate to contact me at the Community Development Department at (408) 866-2142. Sincerely, Aki R. Irani Planner I enclosure CC.' File Sharon Fierro, Senior Planner Kirk Heinrichs, Redevelopment Manager Geoff Bradley, Redevelopment Coordinator Brace Bowen, Property Owner CITY or CAMPBELL Community Development Department Notice of Intent to Adopt a Negative Declaration ( E. HDOP'.=ED SANT;~ ~' ' ' 7 :?bT¥ Notice is hereby given that the City of Campbell has prepared an initial study and mtemis ~a-~Negatave Declaration for the following projects: Project descriptions: An application of BWI Downtown Partners for a Site and Architectural Approval (S98-09) to allow the consUmction of a 12,71 ! square foot, two-story office building w/th an interior fn-st floor parking garage on property located at 54 N. Central Avenue, Campbell, CA 95008 in the C-3-S (Central Business District) Zoning District. An application of BWI Downtown Partners for a Site and Architectural Approval (S 98-17) to allow the construction of a new two-story building, approval of a parking adjustment to allow 8.5 feet wide "standard" parking stalls, and approval of a Conditional Use Permit (UP98-11) to allow a billiard establishment with an sale liquor license and late night hours of operation, Monday through. Thursday until 12 a.m. and Friday and Saturday until 2 a.m., on property located at 368 E. Campbell Avenue, Campbell, CA 95008, in the C-3-S (Central Business District) Zoning District. Pursuant to the Public Resources Code Section 21092, a public review period of 20 days will begin November 4, 1998 and end November 24, .1998. A copy of the Initial Study is available in the Office of the Community Development Director located at Campbell City Hall, 70 North First Street, Campbell California. If you have any questions on Item 1, you may contact Barbara Ryan, Planner I at (408) 866-2193, and on Item 2, Aki . Iriani, Planner I at (408) 866-2142. Please be' advised that if you challenge the nature of the above project in court, you may be limited to raising only tho~e issues you or someone else raised in written correspondence delivered to the City of Campbell during the Public Review Period or prior to or at the Planning Commission meeting or City Council Public Hearing. The Planning Commission will hold a public hearing on November 24, 1998 and interested parties may appear and be heard. Comments may be submitted in writing any time prior to the Planning Commission hearing date to the Planning Department, 70 N. First Street, Campbell, CA 95008. In compliance with the Americans with Disabilities Act, listening assistive devices are available for all meetings held in the hearing chambers. If you require accommodation, please contact the Community Development Department at (408) 366-2140, at least one week.in, advance of the meeting. NOV ~1 1998 NOV 0 ~ 199B F ..... ~ 231 _ _ THil0UGH -- Date: OCtober 30, 1998 1:~ ~-i~ ~:~FICE OF THE COUNTY CLERK $'t~'~?flEN ~l. LOVE, COUNTY CLERK ,BY~ $. ~EB.A _ D~UTY , 70 North First Street - Campbell, California 95008.1423 - TEL 408.866.2130 - tAX 408.866.8381 ·TDO 408.866.2790 Development Application File No. 5 9~--]7 ORCH Planning Department 70 North First Street, Campbell, California 95008 (408) 866-2140 APN(S): ¼ \2---- -q- - zom c: F___- -< PROPERTY ADDRESS: TYPE OF APPLICATION(S): DATE FILED: GENERAL PLAN: ADDRESS: , ~l-k M ~-~&~-~'N-~-t _~....~x~ ~ .~I-'~_TELEPHONE: ~ ~ ~-7~~ CITY/STATE: ~_,~~~ ~ ~ .~ ZIP: ~~~ PROPERTY O~R:~~~~ ~ ~~~~xr~ . CITY/STATE: r~~~i r-~ ZIP: 2x~~g Anach a separate sheet listing the names and addresses of others you wish to receive copies of staff repons and agendas. AFFIDAVIT/SIGNATURE(S): The undersigned person(s), having an interest in the above-described property, hereby make this application in accordance with the provisions of the Campbell Municipal Code; and, hereby certify that the information given herein is true and correct to the best of my/our knowledge and belief. e ' ! lSat~'~Si~namre / -f3ate NOTE: Staff is required by State Law to notify applicants of the completeness of their applications within 30 days. Only those applications which are found complete will be placed on the Planning Commission Agenda. OFFICE USE ONLY PC Meeting: PC Action: CC Meeting: CC Action: Fee Paid: Receipt No: Completeness Letter Sent: 300 Foot Notices Mailed: Press Notice Published: Notice of Prep/Public Review: Notice of Determination: Rvsd. 03/30/98 Attachment D Contribution Disclosure Form Page 2 TO BE FILLED OUT BY APPLICANT I. ~/ IF CONTRIBUTIONS TOTALING $250 HAVE NOT BEEN MADE, CHECK HERE, AND SIGN BELOW IN SECTION III. II. TO BE COMPLETED ONLY IF CONTRIBUTIONS TOTALING $250 OR MORE HAVE BEEN MADE. NAME: ADDRESS: ZIP: TELEPHONE NO: LIST COMMISSION MEMBER(S) TO WHOM YOU AND/OR YOUR AGENT MADE CAMPAIGN CONTRIBUTIONS TOTALING $250 OR MORE, AND THE DATES OF THOSE CONTRIBUTIONS. NAME: CONTRIBUTOR: (if other than yourself) DATE (S): AMOUNT (S): NAME: CONTRIBUTOR: DATE (S): AMOUNT (S): (if other than yourself) (if other than yoursel0 NAME: CONTRIBUTOR: DATE (S): AMOUNT (S): III. SIGNATURE DATE: Rvsd. 03/27/98 BWI DOWNTOWN PARTNERS 54 N. CENTRAL AVE., SUITE 2 · CAMPBELL, CA 95008 October 13, 1998 Mr. Steve Piasecki Planning Director City of Campbell 70 North First Street Campbell, CA 95008 Re: Development Schedule Dear Mr. Piasecki, BWI Downtown Partners respectfully submits our application for Site and Architectural approval for a new building at 368 E. Campbell Avenue. Construction is expected to start within 60 days of issuance of a building permit for the new building. We expect that to occur within three to six months. Our completion will be within nine months of starting construction. Therefore we expect to complete the building within the next fifteen months and no later that eighteen months. Sincerely, Bruce Bowen Partner PHONE 408-354.8823 · FAX 408.395.6572 O.~CH ~9.o Development Application File No. Planning Department 70 North First Street, Campbell, California 95008 (408) 866-2140 APN(S): ,d/---/~__ _ 7 -..~'.~' DATE FILED: ZONING: ~7..~,5" GENERAL PLAN: PROPERTY ADDRESS: ,.~,~ ,~. ~;~ TYPE OF APPLICATION(S):. ,t~,~,~.~,~p..q' ~o.,,-/ (t~'.,~;~,~r) APPLICANT: ADDRESS: /,~,~,~,..r,~7'~t~ ~ /~', TELEPHONE: CITY/STATE: ~/~..~".. /~.,4. ZIP: ADDRESS: ~C.[ ~ t,/ ~,~,,C~4'c~ ~ ..~C"---,~'N~_"'P_TELEPHONE: CITY/STATE: ("t"-'-~x~e__.kx,_~. ~__ /2~- ~' ZIP: Attach a separate sheet listing the names and addresses of others you wish to receive copies of staff reports and agendas. AFFIDAVIT/SIGNATURE(S): The undersigned person(s), having an interest in the above-described property, hereby make this application in accordance with the provisions of the Campbell Municipal Code; and, hereby certify given herein is tree and correct to the best of my/our knowledge and belief. SignaNOTE: Staff is required by:rlte Law to notify a;ialti:a~t~e"7;ic, fions wi~72e30 days. Only those applications which are found complete will be placed on the Planning Commission Agenda. OFFICE USE ONLY PC Meeting: PC Action: CC Meeting: CC Action: Fee Paid: Receipt No: Completeness Letter Sent: 300 Foot Notices Mailed: Press Notice Published: Notice of Prep/Public Review: Notice of Determination: Rvsd. 03/30/98 Use Permit Supplemental Application FILE NO. PURPOSE A Use Permit allows for special consideration of certain specified uses which may be compatible with an area depending on the specifics of the particular case. The Use Permit process is designed to provide the City sufficient flexibility to determine whether a specific land use on a certain site will be compatible with its environs and the General Plan. PROCESS Project Consideration & Pre-Application Review: In reviewing a use permit application, the staff and Planning Commission will evaluate such items as building placement and size, lxaffic generation, noise, hours of operation, adequacy of parking, circulation, drop-off facilities and overall compatibility of use with adjoining properties. It is recommended that the applicant submit a preliminary proposal to the Planning Department prior to submission of formal application. This will allow the Planning staff to review the request and inform the applicant of possible concerns related to the proposal. Filing of Application: The applicant should submit a completed application, filing fee, a written statement and other required information to the Planning Department. A planner will be assigned to review the material to make sure all the required information is provided. The applicant will be notified within 30 days as to whether the application is complete or whether additional information is required. Environmental Review: Typically, use permits are categorically exempt from the environmental review process. Site and Architectural Review Committee (SARC): Use permit applications involving exterior modifications require review by SARC. The Committee reviews the application for site layout and building design and then forwards a recommendation to the Planning Commission. Staff Review: The Planning staff will review the application and conduct a site investigation to determine the relationship of the request with the City's General Plan and to analyze land use, traffic, site plan and other impacts or concerns of the proposed project. A written staff report will be prepared for the Planning Commission (PC) that includes staff's recommendations and a description of the development proposal. A copy of this report will be sent to the applicant during the week prior to the PC hearing on the application. Copies are also available to the public. Public Notice: All use permit applications require a public hearing which is held during the Planning Commission meeting. At least ten days prior to the meeting, property owners within 300 feet of the site will be notified by mail of the public hearing and a notice will be published in the Campbell Express. Planning Commission Meeting: The staff will present an oral report and recommendation for your application. This presentation will be followed by testimony from the applicant and then by any interested persons who may wish to comment on the application. The Planning Commission may then close the public hearing and make a decision approving or conditionally approving the request, denying the request or postponing the decision to a later date. Unless an appeal is filed, the Planning Commission's decision will become final unless ratification is required by the City Council. AvDeal to CiW Council: Use permits do not go to the City Council unless the Planning Commission's decision is appealed within ten calendar days. Project Summary INFORMATION TO BE FILLED OUT BY APPLICANT Zoning: Proposed Use: L~3'12Z~,OZ/.~ Gross Floor Area: ~_~ '~_~'"~ Net Lot Size: Surrounding Uses: General Plan Designation: Existing Use: Floor Area Ratio: Landscape Coverage: North: ~_...~>~~ c.~ ~"c~. South: East: (~ r~ ~ ¢ ~ ,k, West: Parking Spaces: [ % '~ C..~ Seating Count: Required Provided Restaurant and Assembly Uses Rvsd. 03/30/98 Use Permit Page 2 Attachment A Do PROJECT SUMMARY This information must be provided either on the title sheet or site plan, in addition to the supplemental application form. If you would like, you may xerox this worksheet on the site dan or title sheet. PROJECT SUMMARY Assessor Parcel Number (APN): ,d~/~ -- ~- -- 3D"'- Lot Size: ~f:>~. ~ Net sq. ft. Utilization: Building Coverage (include cantilever portions) Landscape Coverage Paving Coverage Gross sq. fl. (Property to center line of street) Sq. ft. Percent % Floor Area Ratio: Total building sq. ft. divided by net lot size Building Area: Gross Floor Area Number of Floors Seating Capacity (if applicable) Adiacent Land Uses: North South East West Use Zoning Parking: Standard TOTAL Compact ~ Handicap Rvsd. 3/30/98 Rece~.ved; 11l 9/98; 10:?-6AM; 4088668381 => B&C Homes~ ]2n¢.; #2 11 -O~B- 1 ~IB 10: 30Abt F-~OM C I'FY. OF-. CAMF~3ELL JLOSBG68381 Site & Architectural Review Supplemental Application Page 2 ENVIRONMENTAL INFORMATION Are the following items applicable to the project or its effects? Yes No 1, Change in existing features of any lakes, hills, or substantial alteration of ground contours. 2. Change in scenic views or vistas from existing residerttial areas or public lands or roads. 3. Change in pattern, scale or character oftbe general area surrounding the project. 4. Significant amotmts ofsol/d waste or litter. 5. Change in dust, ash, smoke, fumes or odors in vicinity. 6. Change in lake, Stream or ground water quality or quantity, or alteration of existing drainage patterns. 7. Substantial change in existing noise or vibration levels in the vicinity. 8. Proposed development is on a filled site or on a slope of 10 percent or more. 9. Use of and/or disposal of potentially hazardous materials, such as toxic substances, flammables or explosives. 10. Substantial change in the demand for municipal services (police, fire, water, etc.). 11. Substantial increase in the demand for fossil fu,1 consumption (electricity, oil, natural gas, etc.). 12. Relationship to larger project or series of projects. 13. Additional traffic generation or parking demand. Discuss below all of the above items checked yes. (Attach additional sheets as necessary) 14. Describe thc project site as it exists, include information on topography, soil stability, plants and animals, and any cultural, historical or scenic ~pe~ts. Describe any existing structures on the site. 15. Describe surrounding properties, including information on plants and animals, and any cultural, historical or scenic aspects. Indicate the intensity of land use and the scale of development (height, frontage, setback,5., etc.) Rvsd, 03/30198 Rece]_ved: 11! 9/98; IO;P_6AM; 4088668381 => B&C Homes~ /mc.; #3 1 ! -09-1998 1 ~ -~ -3 ! AH FROM C I TY. OF-. CAMPBELL ,:11~38668381 P. 3 °/tc H A~-9 ' Attachment E Hazardous Waste & Substance Sites Disclosure Form This form must be completed by development applicants per the provisions of Government Code Section 65962.5. As part of thc development application process, you must complete this disclosure form, certifying that you have reviewed the current CAL-EPA Deparl~ent of Toxic Substances Conf,,el Facility Inventory Data Base Hazardous Waste and Substances Sites List (available at the Planning Department, City of Campbell) and indicate below whether your project site is included on this list. Project Site Address: Proposed Project: / Yes, thc above-referenced site is included on the CAL-EPA Department of Toxic Substances Control Facility Inventory Data Base Hazardous Waste and Substances Sites List. No, the above-referenced site is not includ~ on the CAL-EPA Department of Toxic Substances Control Facility Inventory Data Base Hazardous Waste and Substances Sites List. Please provide this completed form to the City of Campbell, Planning Department, 70 N. First Street, Campbell, CA 95008, together with the application for development. Rv~d. 06/10!98 Attachment C West Valley Sanitation District 4 Acknowledgement NOTICE TO APPLICANTS REGARDING EFFECT OF WASTE WATER TREATMENT CAPACITY ON LAND DEVELOPMENT APPROVALS PURSUANT TO DEVELOPIV~ OF APN: c~ \ 2-- O"7 - O~ Please take notice that no vested right to a building permit shall accrue as the result of the granting of any land development approvals and applications. Pursuant to the adoption of Ordinance 9.045 by West Valley Sanitation District 4, the agency providing the above described parcel(s) with sewer service, if the District's Manager and Engineer makes a determination that the issuance of a sewer connection permit to a building, or proposed building, on the above described property, will, in his opinion, cause the District to exceed its ability to treat adequately the waste water that would result from the issuance of such connection permit, then said permit may not be issued, and, hence, no building permit may be issued by this agency. If the sewer connection permit is issued, it may contain substantive conditions designed to decrease the waste water associated with any land use approval. ACKNOWLEDGEMENT By signing below, the applicant acknowledges, at the time of application, that he/she fully understands the above. Address of Proposed Development ' ' ~ ~ Distribution Original to: West Valley Sanitation District No. 4 100 East Sunnyoaks Avenue, Campbell, CA 95008 Copies to: File Applicant Rvsd. 7/1/~ dttachment D Contribution Disclosure Form Page 2 TO BE FILLED OUT BY APPLICANT ~ IF CONTRIBUTIONS TOTALING $250 HAVE NOT BEEN MADE, CHECK HERE, AND SIGN I. BELOW IN SECTION III. II. TO BE COMPLETED ONLY IF CONTRIBU~ONS TOTALING $250 OR. MORE HAVE BEEN MADE. NAME: ADDRESS: ZIP: ' TELEPHONE NO: LIST COMMISSION MEMBER(S) TO WHOM YOU AND/OR YOUR AGENT MADE CAMPAIGN CONTRIBUTIONS TOTALING $250 OR MORE, AND THE DATES OF THOSE CONTRIB~ONS. NAME: CONTRIBUTOR: (if other than yourself) DATE (S): AMOUNT (S): NAME: CONTRIBUTOR: DATE (S): AMOUNT (S): (if other than yourself) (if other than yourself) NAME: CONTRIBUTOR: DATE (S): AMOUNT (S): III. SIGNATURE DATE: Rvsd. 03/27/98 City Clerk Please col' and receipt for the foh.~ ~ lng monies. I. Ma.lot; A. 1+ acres - B. ~la~e II. Minor: AMOUNT General Plan Amendment $4,425 Zone Change 4,425 Planned Development Permit 4,425 EIR Review 4,425 General Plan Amendment 3,225 Zone Change 3,225 Planned Development Permit 3,22.5 EIR Review 3,225 '" III. IV. Ao Subdivision Map (5+ lots) Site and Architectural 10+ K S.F. Tentative Parcel Map (4<Lots) Site and Architectural 0-10 K S.F. Variance (Non-residential) Text Amendments Use Permit A. Variance (Residential) Modifications of Approval Modification PD Permit Reinstatements Revised Development Schedule Extensions of Time Co Lot Line Adjustments Site and Architectural (Res.) (Each House) Signs (Each Sign) Fence Exception Promotional Events Appeals Downtown Development Permit Historic Preservation Zone, Use Permit, HP Permit Other: Maps General Plan Text Zoning Ordinance Copies (per page) Refundable Deposit - Account 2203 Fire Department Review - Account 01.303.3322 Architectural Approval Project Plan Review Subdivision Park Impact Fee - Account 295535.4920 3,225 2,150 2,150 6.25 18.00 22 1 150 100+ 10 per lot/unit orCityCler ,On¥: Am:~Paid: 3~oo' oc Ex~pfion for Major Pro.ts: It is anHcipat~ that t~ application pro~ssing ~s~ of ~lect~ ~jor pro.ts will si~i~cantly exc~d the a~ve f~s. In the~ cases, the Co~uni~ ~velopment ~r<tor ~y coll<t a de.sit ~d c~rge actual time s~nt to pro.ss ~e application ba~ u~n ~ent hourly mt~. Note Adop~ by R~lufion No. ~1 by O~ Coundl, O~ of ~p~ll, 6/20/93. September 8, 1998 City of Campbell 70 N. First Street Campbell, CA 95008 Re: Use Permit: Pockets Billiards Address: Campbell Avenue, Campbell, CA 95008 To Whom It May Concern: I would like to propose establishing Pockets Billiards in the City of Downtown Campbell. "Pockets" will have approximately 15 to 18 billiards tables. It will also offer large screen televisions for sporting events and a full-service bar. Pockets will employ 5-7 employees per shift. Approving this application will provide Downtown Campbell residents and patrons with a popular source of night-time entertainment. This upscale establishment will enhance the business community that is currently being brought to the Downtown area. Billiards is a thriving trend that will invite more people to Downtown Campbell. To further address the issue of this application, I have enclosed a strategic brief, which detail further intent of Pockets Billiards. CEO Pockets Billiards CITY OF CAMPBELL Community Development Department · Current Planning Mr. Gary Merlo Pockets Billiards 251 Castro Street Mountain View, CA 94309 August 27, 1998 RE: Review of a Pre-application (PA 98-53) pertaining to the proposed development of a 5,500 square foot building for a billiard establishment Dear Mr. Merlo: Thank you for your submittal of plans for the preliminary review of the proposed two-story, 5,500 square foot building for a billiard establishment at 368 E. Campbell Avenue. The Planning Department has determined that the project will require approval of a Site and Architectural Review Permit to allow construction of the building and a Use Permit to allow the billiards use, on-sale general liquor service, and late night hours of operation. The fees for the applications are $1,550 for the Site and Architectural Permit and $1,550 for the Use Permit. Please find enclosed applications for a Site and Architectural Review Permit and a Use Permit for your convenience. Prior to submittal of applications for the Site and Architectural Review Permit and Use Permit, the Planning Department requests that the following additional revisions be made on the plans to address site and architectural issues, and additional information be submitted to clarify the proposed uses: 1. The proposed-access to the trash enclosure from Central Avenue is not acceptable. The trash enclosure must be accessible from within the property, and cannot be accessible from the public right-of-way. It is suggested that the trash enclosure access be re-oriented from the west side of the enclosure to the north side of the enclosure. In review of the on-site parki~, it appears that a combination of retail and office parking standards have been applied to the project, as there is no particular parking standard in the C-3-S (Central Business District) zoning ordinance for a billiard use. In calculating the parking, with use of retail parking standards applied to the ground floor square footage and office parking standards applied to the second floor square footage of the project, the total parking equates to 14 required parking spaces. The proposed project, however, provides only 13 parking spaces. Please review the parking layout to accommodate sufficient parking for the site. The City requires that 70 North First Street · Campbell, California 95008.1423 · TEL 408.866.2140 · FAX 408.866.8381 · TDD 408.866.2790 368 E. Campbell - Pockets (PA 98-53) Page 2 standard parking stall sizes be 9 feet by 20 feet and compact spaces (maximum of 40% of the required spaces allowed) may be 8 feet by 16 feet. If an applicant desires to install parking stalls with less than the required dimensions, the applicant must receive approval by the Planning Commission. 3. Please provide additional information regarding number of employees, uses for the "private room" on the second floor, and if any food service will be provided for the business. Please provide information regarding proposed equipment (i.e. air conditioning units) to be placed on the roof of the building. All roof-mounted equipment must be screened from public view. 5. A separate sign application must be submitted for review and approval of the proposed signage for the business. The C-3-S zoning ordinance states that comer businesses may have two (2) wall signs and that such signs must be located below the second floor sill on multi-storied buildings. 6. It appears that the building could be further enhanced by architectural features which are consistent with features found within the Campbell Downtown area (i.e. use of brick on the exterior of the ground level portion of the building, or other types of accent materials used in the Downtown area). Please consider addition of these accent materials on the proposed elevations of the building. Planning Staff is available to work with you and to review any proposals you may have to enhance the architecture of the building. In addition to the above-referenced comments, Geoff Bradley, Redevelopment Coordinator, has also submitted comments for your review. Please find attached a copy of his memo which outlines the issues from the City's Redevelopment Agency. The Fire Department, Police Department and Building Department have no specific comments regarding your project at this time. However, the Public Works Department has submitted the following preliminary comments and conditions for the proposed project: Right-of-Way for Public Street Purposes: Prior to issuance of any grading, drainage, or building permits for the site, the applicant shall grant additional right-of-way for public street purposes along the Central Avenue and Campbell Avenue frontages to accommodate 10 feet of public right-of-way from back of existing face of curb. Applicant shall cause to be prepared all documents necessary to record dedication and submit to the City for review and recordation. Street Improvements: Prior to issuance of any grading, drainage 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 368 E. Campbell - Pockets (PA 98-53) Page 3 encroachment permit for construction of the improvements, as required by the City Engineer. The plans shall include the following: · Installation of all existing and proposed water meters and sewer cleanouts on private property behind the public right-of-way line. · Removal of sidewalk on Central Avenue and replace with City standard 10 foot commercial sidewalk. · Removal of existing driveway on Campbell Avenue and replace with City standard sidewalk. · Removal of existing driveway on Central Avenue and replace with City standard ADA compliant driveway. Soils Report: Prior to issuance of any grading, drainage, or building permits for the site, applicant shall provide a soils report prepared by a registered geotechnical or civil engineer. Utilities: Ail 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 company. Utility Installation Plan: Prior to issuance of building permits, the applicant shall submit a Utility Installation Plan and Schedule for approval by the City Engineer for installation of all utilities and service connections. Streets which have been resuffaced within the previous 5 years will require boring and jacking for all new utility installations and will also require a pavement restoration plan for approval by the City Engineer prior to any utility installation or abandonment. 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, drainage 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 plang 'shall comply with the 1994 edition of the UBC including Chapters 18, 33, and Appendix Chapter 33. Storm Drain Area Fee: Prior to issuance of any grading, drainage, or building permits for the site, the applicant shall pay the required Storm Drain Area fee. The current fee is $ 2000 per acre or $ 496.00. 368 E. Campbell - Pockets (PA 98-53) Page 4 National Pollution Discharge Elimination System: The applicant shall comply with the Santa Clara Valley Water District Best Management Practices and Title 14 of the Campbell Municipal Code concerning storm water pollution prevention. 10. Legal Lot: The applicant shall provide documentation to ascertain that the lot was legally created, or prepare a parcel map to create the parcels shown. Should you have any questions regarding the above-referenced comments or need additional information, please feel free to call me at the Community Development Department at (408) 866-2142. Sincerely, Aki R. Irani Planner I enclosure CC: Sharon Fierro, Senior Planner Kirk Heinrichs, Redevelopment Manager Geoff Bradley, Redevelopment Coordinator Brace Bowen, Property Owner File MEMORANDUM CITY OF CAMPBELL To: From: Subject: Aki Irani, Project Planner Date: Bradley, Redevelopment Coordinator ~,'{~---~ Geoff I. 368 E. Campbell AvenUe (Pockets) July 22, 1998 The following is a summary of issues/items based on a review by the Redevelopment Agency of the plans submitted on 7/17/98. Site Plan: 1) Show streetscape improvements (Curb, driveways, street lights, street trees, etc.) see attached sheet. 2) Show center line of street & dimension to property line (30' on Campbell Ave./25' on Central Ave.) 3) Show adjacent buildings (Faux, Alie's & Water Tower ID - see streetscape construction drawing attached. 4) Align parking aisle with Dodge property to allow for future shared parking & recipricol ingress/egress easements. 5) Use an 18' stall depth with 2' of overhang into planter areas (for standargl size spaces). 6) Reorient garbage enclosure to face parking lot - o.k. for parking space in front. Size for future two tenants plus recycling (3 bins). 7) Provide 10' sidewalk from face of curb - show dedication as required. 8) Consider bringing building to east property line and exiting rear patio to parking lot. Locate utilities in less visible location. Creates awkward gap in streetscape. 9) Redesign parking along south property line to get 8 spaces (8'x8.5' =68'). Use screen wall and smaller planter area along Central Avenue. Parking then balances for office over retail use. 10) Space between property lines and building - indicate treatment. Elevations: 1) Show adjacent buildings - Faux, Alie's & Water Tower II. 2) Consider use of brick on fn'st level to relate to Farley Building and Alie's Caf& 3) East elevations needs work - highly visible from west bound Campbell Avenue. 4) Show design of trash enclosure to complement building - materials, details, etc. 5) Consider use of balconies on street elevations. 6) Indicate height of parapet (section or line) to show adequate roof equipment screening. 7) Signage subject to separate application and approval process (staff level) Note to Property Owner: 1) Additional comments from Planning, Public Works, Building and County Fire will be forthcoming. 2) You may resubmit revised plans now or wait untill you have received all comments. CC: Bruce Bowen, Property Owner MEMORANDUM TO: FROM: SUBJECT: Kirk Heinrichs Redevelopment Manager David L. Gullo~(i~'\ Chief of Police ,~,~,,, Pockets Billiards o CITY OF CAMPBELL DATE: July 1, 1998 I received the statistics for calls for service for Pockets from the Mountain View Police Department for the last 12 months. They had six calls for service, i.e., two vandalism, one disturbance, one alarm, and two thefts from vehicles in the nearby parking lot. Clearly these statistics indicate that Pockets has a low crime rate/calls for service. pockets2/dlg /clm June 30, 1998 CITY OF CAMPBELL Police Department Gary Merlo Pockets Billiards 251 Castro Street Mountain View, CA 94309 Dear Gary: I have had an opportunity to visit your establishment three times in the last several months. I am very pleased with how you and your staff manage the business. Your staff was extremely mindful of alcohol consumption while customers were playing pool. Frequent checks were made of tables to remove empty glasses, and identifications were check regularly. During my three visits, I never observed anyone who appeared to be intoxicated in public. It was clear to me that patrons in your establishment were there to play pool and not necessarily to consume alcohol. Based on my observations and information that I have received from the Mountain View Police Department regarding calls for service, I believe that there are not any law enforcement issues that will prohibit you from moving forward with a similar business in the City of Campbell. Sincerely, ~ David L. Gullo Chief of Police pockets/dig /clm cc: Bernard M. Strojny Kirk Heinrichs 70 North First Street - Campbell, California 95008. 1497 · TEL 408.866.2121 ' FAX 408.379.7561 rDt) 408.866.2790 Resezved: 11,'18&98; 11;09AM; t 5105275999 => B&C Homes, [nc,; #1 ARCH. OFF[CE~