Use Permit - Expired - 2009Mayor's Office
April 21, 2010
Jess Ledesma
KOA Restaurant Group, LLC
20660 Stevens Creek Blvd., #278
Cupertino, CA 95014
Mathew G. Klemchuk
West Hall Properties, LLC
122 Shelley Avenue
Campbell, CA 95008
Re: File No: PLN2009-39
Address: 400 E. Campbell Ave.
Application: Conditional Use Permit
Gentlemen,
The Conditional Use Permit application to establish a new restaurant use in an existing historic
building located at the above referenced address has remained incomplete since April 23, 2009.
No formal response to the incompleteness letter of this date has been received. Pursuant to
Section 21.38.040(C) of the Campbell Municipal Code, an application may remain incomplete
for up to 360 days, after which time the application shall be deemed withdrawn.
Therefore, this application has been deemed withdrawn as of April 19, 2010. To commence
processing of this project, a new application, including fees, is required. Due to the incurred staff
cost of reviewing this application, no refund of paid fees will be tendered.
If you should have any questions, please feel free to contact ine at (408) 866-2193 or by email at
danielf cr cit oY fcampbell.com.
Sincerely,
Daniel Fama
Assistant Planner
cc: Paul Kermoyan, Planning Manager
Community Development Department
January 25, 2010
Jess Ledesma
KOA Restaurant Group, LLC
20660 Stevens Creek Blvd., #278
Cupertino, CA 95014
Mathew G. Klemchuk
West Hall Properties, LLC
122 Shelley Avenue
Campbell, CA 95008
Re: File No: PLN2009-39
Address: 400 E. Campbell Ave.
Application: Conditional Use Permit
Gentlemen,
The Conditional Use Permit application to establish a new restaurant use in an existing historic
building located at the above referenced address has remained incomplete since April 23, 2009.
No formal response to the incompleteness letter of this date (enclosed) has been received.
Pursuant to Section 21.38.040(C) of the Campbell Municipal Code, an application may remain
incomplete for up to 360 days, after which time the application shall be deemed withdrawn.
Therefore, this application will expire on April 19, 2010. If a resubmittal of application materials
is not received by this date, a new application, including fees, will be required to commence
processing of this project.
If you should have any questions, please feel free to contact me at (408) 866-2193 or by email at
danielf~a cityofcampbell.com.
Sincerely,
Daniel Fama
Assistant Planner
Encl: Incompleteness Letter, dated April 23, 2009
cc: Paul Kermoyan, Planning Manager
Community I~evelopmenr Department
April 23, 2009
Jess Ledesma
Koa Restaurant Group, LLC
20660 Stevens Creel< Blvd, Ste. 278
Cupertino, CA 95014
Re: Conditional Use Permit Application
File No: PLN2009-39
400 E. Campbell Avenue
Dear Mr. Ledesma,
Thank you for your submittal of a Conditional Use Permit application for the
establishment of a new late-night full-service restaurant in an existing building with live
entertainment and on-sale general liquor sales at the above referenced addresses. The
subject property is zoned C-3 (Central Business District) and is designated as Central
Commercial on the City's General Plan Land Use Map.
Your application has been deemed incomplete. The following items and information are
needed to complete your application and schedule it fora Planning Commission
hearing:
1. Floor Plan: The submitted floor plan shows banquet seating on the second floor. If
this area will be utilized as standard restaurant seating, in addition to a banquet
facility, please submit an alternate floor plan showing standard restaurant seating.
2. Downtown Alcohol Beverage Policy: This application is subject to the recently
adopted Downtown Alcohol Beverage Policy (see attached). All applicable
restrictions will be added as Conditions of Approval. This means that the
restrictions will be binding and violation could lead to revocation of the Conditional
Use Permit.
3. Utility: The following information and/or revisions are required:
7Q North First S~reer Campbell, California ~500~~-14~~ ~ 'rfa =i0~;.86G.21 CIO ~ r-n>_ 40n.<i7 ; .5 i 40 ~r[~t; 40;i.8(ii~.~?~)('
PLN2009-39 - 400 E. Cap , oe'~ venue Page 2 of 3
a. It is our understanding that PG&E will require installation of anew
underground electrical vault to service the business. Such vaults are typically
placed on private property. However, this site cannot accommodate this
utility on private property, meaning that it must be located in the public
sidewalk. However, as the width of the adjacent sidewalk is not adequate to
accommodate this vault, the sidewalk must be expanded. Please revise the
Utility Plan to indicate the expanded sidewalk area, and the location of the
electrical vault.
b. The site plan indicates that a grease interceptor will be located on an adjacent
property. This will require an easement to be recorded on this property
allowing the use of the land for this purpose until such time the building is no
longer used as a restaurant. As a Condition of Approval, you will be required
to submit evidence that such an easement has been recorded, prior to
building permit submittal.
4. Title Report: The submitted preliminary Title Report indicates as 'Parcel Two,' "an
easement of land over a strip of land fifteen feed wide..." The legal description
seems to indicate that this easement is the alley behind the subject building. To
confirm this, please submit a revised Title Report to include a visual exhibit
depicting graphically the location of the described easement.
5. Refuse and Recycling: The Site Plan indicates the placement of refuse and recycling
receptacles on an adjacent property. Please provide the following:
a. A detail indicating the design and construction of the required receptacle
enclosure, in conformance with the requirements of CMC ~ 21.18.110
(attached).
b. A revised site plan showing the placement of the required receptacle
enclosure.
c. Written clearance from West Valley Collection & Recycling (408.283.9250),
specifying that:
i. The type and size of the refuse and recycling receptacles are sufficient
for the proposed business.
ii. The receptacle enclosure is satisfactory.
d. Additionally, please note than an easement will be required to be recorded on
the adjacent property where the refuse/recycling receptacles are to be placed.
PLN2009-39 - 400 E. Ca~ _~b 'venue Page 3 of 3
As a Condition of Approval, you will be required to submit evidence that
such an easement has been recorded, prior to building permit submittal.
6. Outdoor Seating: Please provide a configuration plan for any outdoor seating.
7. Historic Preservation Board Review: The Historic Preservation Board reviewed this
application at its meeting of April 22, 2009. The Board recommend approval of the
application to the Planning Commission. Please note that the Board will review the
building permit submittal for facade restoration work, including the location of
proposed signage and the design of the front door.
8. Operational Statement: Please provide a more complete description of the proposed
live entertainment including, but no limited to: the maximum number of performers
and type of musical instruments that will be employed.
Additionally, please explain why the restaurant should be permitted to operate past
11 PM.
9. Live Entertainment Permit: The business .will be required to file a Live
Entertainment Permit application with the Police Department for approval of the
proposed live entertainment, per Chapter 5.24 of the Campbell Municipal Code.
Staff recommends that you make contact with the Police Department as soon as
possible regarding this application to initiate the process.
If you have any questions please contact me at (408) 866-2193 or by email at
danielfCci , ofcam~bell.com.
Sincerely,
~,
~G~2-?-
Daniel M. Fama
Assistant Planer
Encl: Downtown Alcohol Beverage Policy
CMC ~ 21.18.110 -Trash Enclosures
cc: Ciddy Wordell, Interim Principal Planner
Bill Bruckart, Building Official
Ed Arango, Associate Engineer
West Hall Properties, LLC c/o Mathew Klemchuk, 122 Shelley Ave., Campbell, CA 95008 (Owner)
Studio 02 c/o Kyle Tran, 147 Castro St., Ste. 2, Mountain View, CA 94041 (Architect)