Use Permit and Signs - 2008CITY of CAMPBELL
Community Development Department
August 15, 2008
Masatsugu Uehara
883 Dartshire Way
Sunnyvale, CA 94087
Re: PLN2008-96/112 - 2210 S. Bascom Avenue -Use Permit & Sign Permit
Dear Applicant:
Please be advised that at its meeting of August 12, 2008, the Planning Commission
Adopted Resolution No. 3904 granting a Conditional Use Permit (PLN2008-96) to allow
an on-sale beer and wine license for a new restaurant use (Mass Sushi) including minor
exterior alterations and additions to an existing commercial building and a Sign Permit
(PLN2008-112) for a wall sign and a new sign on an existing freestanding sign structure
on the above reference property.
This action is effective in ten calendar days, unless appealed in writing to the City Clerk
by 5 p.m. on Friday, August 22, 2008. The time within which judicial review of this action
must be sought is governed by Section 1094.6 of the California Code of Civil Procedure,
unless another statute (such as California Government Code Section 65009 or some
other applicable provision) sets forth a more specific time period.
If you have any questions, please do not hesitate to contact me at (408) 866-2140.
Sincerely,
Daniel M. Fama
Assistant Planner
cc Jackie C. Young, Principal Planner
Ed Arango, Associate Engineer
Frank Mills, Building Division
Chris Veargason, Fire
~, ; •
RESOLUTION NO. 3904
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL GRANTING APPROVAL OF A CONDITIONAL
USE PERMIT (PLN2008-96) TO ALLOW AN ON-SALE BEER AND
WINE LICENSE FOR A NEW RESTAURANT USE (MASA SUSHI)
INCLUDING MINOR EXTERIOR ALTERATIONS"AND ADDITIONS TO
AN EXISTING VACANT COMMERCIAL BUILDING AND A SIGN
PERMIT (PLN2008-112) FOR A WALL SIGN AND A NEW SIGN ON AN
EXISTING FREESTANDING SIGN STRUCTURE, ON PROPERTY
OWNED BY MR. MASATSUGU UEHARA LOCATED AT 2210 S.
BASCOM AVENUE IN A C-2-S (GENERAL COMMERCIAL) ZONING
DISTRICT. APPLICATION MR. MASATSUGU UEHARA. FILE NO.:
PLN2008-96/112.
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 PLN2008-96/112.
1. The proposed beer and wine license in conjunction with a restaurant is consistent with
the General Commercial General Plan land use designation.
2. The proposed beer and wine license for a restaurant will be compatible with the C-2
(General Commercial) zoning designation with approval of a Conditional Use Permit.
3. The project site consists of a 1,830 square foot restaurant in an existing commercial
building.
4. The proposed project generates a parking demand of 12 parking spaces and the
applicant has identified 12 parking spaces on the site plan. The change in use from
commercial to a new restaurant (36 seats) will not intensify the site or parking demand
from the previous commercial use.
5. The project site is located on the east side of Bascom Avenue, just south of the
intersection of Apricot and Bascom avenues. The property is surrounded by
commercial/restaurant uses on the north, south and west sides, and residential uses to
the east.
6. The site plan indicates the location of an existing five feet tall masonry wall to remain
along the eastern property line, abutting residential properties.
7. The proposed project is consistent with other developments and uses in the
surrounding area.
8. The project would have a building coverage of 14 percent, landscape coverage of 30
percent, and paving coverage of 56 percent.
Planning Commission Re~ition No. 3904 .
PLN2008-96/112 - 2210 S. Bascom Avenue -Use Permit & Sign Permit (Masa Sushi)
Page 2
9. The project has a Floor Area Ratio (FAR) of 0.14.
10. The proposed additions and exterior modifications of the proposed buildings are
architecturally consistent.
11. The proposed project will install street improvements along Bascom Avenue which
presents a streetscape enhancement.
12. The plans indicate improved front and rear landscaping which will appreciably upgrade
the appearance of the subject property.
13. The proposed signs meet all applicable requirements and restrictions as specified by
the Sign Ordinance.
14. The proposed signs, as conditioned, are consistent in design to the subject structure
and site.
15. The business hours shall be restricted to 11:30 a.m. to 2:00 p.m. and 5:00 p.m. to 9:00
p.m., Monday through Sunday.
16. The hours of operation shall be restricted to 9:30 a.m. to 10:00 p.m., Monday through
Sunday.
17. The project qualifies as a Categorically Exempt project per Section 15301, Class 1
(Existing Facilities) of the California Environmental Quality Act (CEQA).
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The proposed project is consistent with the General Plan.
2. The proposed use is allowed within the applicable zoning district with Conditional Use
Permit approval, and complies with all other applicable provisions of this Zoning Code
and the Municipal Code.
3. The proposed site is adequate in terms of size and shape to accommodate the fences
'and walls, landscaping, parking and loading facilities, yards, and other development
features required in order to integrate the use with uses in the surrounding area.
4. The proposed site is adequately served by streets of sufficient capacity to carry the
kind and quantity of traffic the use would be expected to generate.
5. The design, location, size, and operating characteristics of the proposed use are
compatible with the existing and future land uses on-site and in the vicinity of the
subject property.
Planning Commission Re:~tion No. 3904 ~
PLN2008-96/112 - 2210 S. Bascom Avenue -Use Permit & Sign Permit (Masa Sushi)
Page 3
6. The establishment, maintenance, or operation of the proposed use at the location
proposed will not be detrimental to the comfort, health, morals, peace, safety, or
general welfare of persons residing or working in the neighborhood of the proposed
use, or be detrimental or injurious to property and improvements in the neighborhood
or to the general welfare of the City.
7. 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.
8. There is a reasonable relationship and a rough proportionality between the conditions
of approval and the impacts of the project.
THEREFORE, BE IT RESOLVED that the Planning Commission grants approval of a
Conditional Use Permit (PLN2008-96) to allow an on-sale beer and wine license for a new
restaurant use (Masa Sushi) including minor exterior alterations and additions to an
existing vacant commercial building and a Sign Permit (PLN2008-112) for a wall sign and
a new sign on an existing freestanding sign structure on property owned by Mr. Masatsugu
Uehara located at 2210 S. Bascom Avenue in a C-2-S (General Commercial) Zoning
District.
Where approval by the Director of Community Development, City Engineer, Public Works
Director, City Attorney or Fire Department is required, that review shall be for compliance
with all applicable conditions of approval, adopted policies and guidelines, ordinances,
laws and regulations and accepted engineering practices for the item under review.
Additionally, the applicant is hereby notified that he/she is required to comply with all
applicable Codes or Ordinances of the City of Campbell and the State of California that
pertain to this development and are not herein specified.
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
1. Declaration of Acceptance of All Conditions: Within thirty (30) days of the effective date
of Planning Commission approval, the applicant shall sign the final, approved set of
Conditions of Approval. Until said Conditions are signed, the proposed Use Permit
shall not be valid for any permits sought from the City.
2. Approved Project: Approval is granted for a Conditional Use Permit (PLN2008-96) to
allow a beer and wine license in conjunction with a new restaurant use (Masa Sushi)
located at 2210 S. Bascom Avenue and a Sign Permit (PLN2008-112). The project
shall substantially conform to the revised Project Plans (PLN2008-96), stamped as
received by the Community Development Department on August 1, 2008, the
Operational Statement (PLN2008-96), stamped as received by the Community
Development Department on June 10, 2008, and the Sign Permit Application
Planning Commission Res _ ation No. 3904
PLN2008-96/112 - 2210 S. Bascom Avenue -Use Permit & Sign Permit (Masa Sushi)
Page 4
(PLN2008-112), stamped as received by the Community Development Department on
August 4, 2008, except as may be modified by conditions of approval herein.
3. Planning Final Required: Planning sign off is required to prior to Building Permit
final. Construction not in substantial compliance with the approved project plans shall
not be approved without prior authorization of the necessary approving body.
4. Conditional Use Permit Approval Expiration: The Conditional Use Permit approval
shall be valid for one year from the date of final approval. Within this one-year period,
the use must be established on the property and the conditions of approval satisfied.
Failure to meet this deadline will result in the Conditional Use Permit being void.
5. Final Landscaping Plan: A final landscaping plan, which shall be submitted with
Building Permit plans, shall specify the species of all new trees, indicate an appropriate
edge at the property-lines, and indicate a minimum 24-inch box size for all new trees
for review and approval by the Community Development Director.
6. Signage: Prior to the issuance of building permits for approved signage, the following
shall be submitted for review and approval by the Community Development Director:
a. A detail indicating the size, material, construction, and color of the sign pole
covering.
b. A color sample (paint chip or manufacture's print) of the background (ivory) color of
the freestanding sign.
c. A color sample (paint chip or manufacture's print) of the (blue) color of the channel
letter wall sign.
7. Protection of New Trees: In accordance with the Tree Protection Ordinance (Chapter
21.32), all trees planted pursuant to this approval shall be considered "protected" and
subject to the established removal requirements and restrictions.
8. On-Site Lighting: Prior to the issuance of building permits the applicant shall submit
light fixture details for the indicated garden light fixtures to the Planning Division, for
review and approval by the Community Development Director. All landscaping lighting
shall be low-level/accent lightning and shall be arranged and shielded so that light is
reflected away from adjacent residential uses and so that there is no glare, which will
cause unreasonable annoyance to occupants of residential properties or otherwise
interfere with the public health, safety or welfare.
9. Landscaping Maintenance: All existing and proposed landscaping shall be maintained
in substantial compliance with approved plans. Landscaping changes, including, but
not limited to, significant changes to the new garden areas shall require review and
approval by the Community Development Director.
Planning Commission Re: .tion No. 3904
PLN2008-96/112 - 2210 S. Bascom Avenue -Use Permit & Sign Permit (Mass Sushi)
Page 5
10. Revocation of Permit: Operation of the use in violation of the Conditional Use Permit or
any standards, codes, or ordinances of the City of Campbell shall be grounds for
consideration of revocation of the Conditional Use Permit by the Planning Commission.
11. Business Hours: The hours of operation shall be restricted to 11:30 a.m. to 2:00 p.m.
and 5:00 p.m. to 9:00 p.m., Monday through Sunday. The end of Business Hours shall
mean the business is closed to new patrons.
12.Operational Hours: The hours of operation shall be restricted to 9:30 a.m. to 10:00
p.m., Monday through Sunday. The closing time (10:00 p.m.) shall mean the business
is closed and all patrons and employees have exited the building.
13. Restaurant Seating: The maximum number of seats for the restaurant shall be limited
to 36 seats (not including waiting area seating). No increase in number of seats in the
restaurant shall be allowed without additional parking. All patrons (not including those
waiting for a seat outside of the dining area) shall be seated.
14. Property Maintenance: The owner/operator of the subject property shall maintain all
exterior areas of the business free from graffiti, trash, rubbish, posters and stickers
placed on the property.
15. Live Entertainment: No live entertainment is approved as part of the development
application approved herein, including live music, disc jockey, karaoke, and dancing.
16. Beer and Wine License: The applicant shall obtain a license for a Type 42 (On-Sale
Beer and Wine License- Public Premises) from the State Department of Alcoholic
Beverage Control prior to the sale of alcoholic beverages.
17. Food Service: Food service shall be available at all times alcoholic beverages are
served.
18. Loitering: There shall be no loitering allowed outside the business in parking lot area.
This does not include patrons waiting to be seated. The business owner is responsible
for monitoring the premises to prevent loitering.
19. Location of Mechanical Equipment: No roc
conditioning units, ventilation ducts or vent
without providing screening of the mech
surrounding properties. The screening ma
compatible with the building and requires
Development Director and Building Division
~f-mounted mechanical equipment (i.e. air
s), shall be added to the existing building
anical equipment from public view and
terial and method shall be architecturally
review and approval by the Community
prior to installation of such screening.
20. Outdoor Storage: No outdoor storage is permitted on the subject property. No
equipment, materials or business vehicles shall be parked and/or stored outside the
building or within the parking lot.
Planning Commission Re:. ation No. 3904
PLN2008-96/112 - 2210 S. Bascom Avenue -Use Permit & Sign Permit (Masa Sushi)
Page 6
21. Outdoor Seating: No outdoor seating is approved as part of the development
application.
22.Outdoor Cooking: No outdoor cooking, including portable barbeques, is permitted on
the subject property.
23. Noise:
a. Noise Standard: Any noises, sounds and/or voices, including but not limited to
amplified sounds, loud speakers, sounds from audio sound systems, and/or music,
generated by the subject use shall not be audible to a person of normal hearing
capacity from any residential property. Public address systems of all types are
strictly prohibited.
b. Noise Management: In the event complaints are received by the City regarding
noise, the Community Development Director may immediately modify the hours of
operation and/or limit the extended hours of operation, subject to the project being
brought back to the Planning Commission for review.
c. Front. Side and Rear Doors: The front, side and rear doors to the business shall
not remain in an open position during business hours.
24. Trash & Clean Up: All trash, normal clean up, carpet cleaning, etc. shall not be done in
the late evening or early morning hours. All clean up shall be done between 10:00 a.m.
and 11:00 p.m. daily.
25. Trash Enclosures: All refuse and recycling containers (including used oil containers)
shall be kept in the enclosure, and covered, at all times except when being emptied by
collection personnel.
26. Parking and Driveways: All parking and driveway areas shall be maintained in
compliance with the standards in Chapter 21.28 (Parking & Loading) of the Campbell
Municipal Code. A total of 12 parking spaces will be provided. No parking_spaces shall
be designated for pick-up ("to go") orders unless additional parking (beyond the
required 12) is provided.
27. Construction Activities: The applicant shall abide by the following requirements during
construction:
a. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00
p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take
place on Sundays or holidays unless an exception is granted by the Building
Official.
b. All construction equipment with internal combustion engines used on the project site
shall be properly muffled and maintained in good working condition.
Planning Commission Res .tion No. 3904
PLN2008-96/112 - 2210 S. Bascom Avenue -Use Permit & Sign Permit (Mass Sushi)
Page 7
c. Unnecessary idling of internal combustion engines shall be strictly prohibited.
d. All stationary noise-generating construction equipment, such as air compressors
and portable power generators, shall be located as far as possible from noise-
sensitive receptors such as existing residences and businesses.
e. Use standard dust and erosion control measures that comply with the adopted Best
Management Practices for the City of Campbell.
28. Contractor Contact Information Posting: The project site shall be posted with the name
and contact number of the lead contractor in a location visible from the public street
prior to the issuance of building permits.
Building Division:
29. Permits Required: A building permit application shall be required for the proposed
change in use in an existing commercial structure. The building permit shall include
Electrical/Plumbing/Mechanical fees when such work is part of the permit.
30. Construction Plans: The conditions of approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
31. Size of Plans: The size of construction plans submitted for building permits shall be 24
inches by 36 inches.
32. Plan Preparation: This project requires plans prepared under the direction and
oversight of a California licensed Engineer or Architect. Plans submitted for building
permits shall be "wet stamped" and signed by the qualifying professional person.
33. Site Plan: Application for building permit shall include a competent site plan that
identifies property and proposed structures with dimensions and elevations as
appropriate. The site plan shall also include site drainage details, site address, and
parcel numbers. Site parking and path of travel to public sidewalks shall be detailed.
34. Title 24 Energy Compliance: California Title 24 Energy Standards Compliance forms
shall be blue-lined on the construction plans. Compliance with the Standards shall be
demonstrated for conditioning of the building envelope and lighting of the building.
35. Special Inspections: When a special inspection is required by U.B.C. Section 1701, the
architect or engineer of record shall prepare an inspection program that shall be
submitted to the Building Official for approval prior to issuance of the building permits,
in accordance with U.B.C Section 106.3.5. Please obtain City of Campbell, Special
Inspection forms from the Building Inspection Division Counter.
36. Non-Point Source: The City of Campbell, standard Santa Clara Valley Non-point
Source Pollution Control Program specification sheet shall be part of plan submittal.
Planning Commission Res .tion No. 3904
PLN2008-96/112 - 2210 S. Bascom Avenue -Use Permit & Sign Permit (Masa Sushi)
Page 8
The specification sheet (size 24" X 36") is available at the Building Division service
counter.
37. Title 24 Accessibility -Commercial: On site general path of travel shall comply with the
latest California Title 24 Accessibility Standards. Work shall include but not be limited
to accessibility to building entrances from parking facilities and sidewalks.
38. Title 24 Accessibility -Commercial: Projects seeking to use the Title 24 Hardship
exemption clause shall blue-line completed, City of Campbell "20%" exemption form on
submitted construction plans. Form is available at Building Division service counter.
39. Approvals Required: The project requires the following agency approval prior to
issuance of the building permit:
a. West Valley Sanitation District
b. Santa Clara County Fire Department
c. City of San Jose Dept. of Environmental Services
d. Santa Clara County Department of Environmental Health
40. P.G.& E.: Applicant is advised to contact Pacific Gas and Electric Company as early as
possible in the approval process. Service installations, changes and/or relocations
may require substantial scheduling time and can cause significant delays in the
approval process. Applicant should also consult with P.G. and E. concerning utility
easements, distribution pole locations and required conductor clearances.
Public Works Department:
41. 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, currently set at $2,650.00
per net acre, which is $803.00.
42. 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, pay
various fees and deposits, post security and provide insurance necessary to obtain an
encroachment permit for construction of the standard public street improvements, as
required by the City Engineer. The plans shall include the following, unless otherwise
approved by the City Engineer. Proof of Ownership: Prior to issuance of any grading,
drainage, or building permits for the site, the applicant shall provide a current
Preliminary Title Report, grant deed, or other satisfactory proof of ownership.
a. Show location of all existing utilities within the new and existing public right of way.
b. Relocation of all existing utilities including utility boxes, covers, poles, etc. outside
of sidewalk area. No utility boxes, covers, etc. will be allowed in the sidewalk area.
c. Removal of existing driveway approach and necessary sidewalk, curb and gutter.
d. Installation of ADA compliant driveway approach.
Planning Commission Re:. ~tion No. 3904
PLN2008-96/112 - 2210 S. Bascom Avenue -Use Permit & Sign Permit (Mass Sushi)
Page 9
e. Installation of City approved street trees at 30' on center.
f. Installation of asphalt concrete overlay per street pavement restoration plan for
utility installation and/or abandonment, as required by the City Engineer.
g. Construction of conforms to existing public and private improvements, as
necessary.
43. Maintenance of Landscaping: Owner(s), current and future, are required to maintain
the landscaped park strip and tree wells in the public right of way. This includes, but is
not limited to: trees, lawn, plantings, irrigation, etc. Trees shall not be pruned in a
manner that would not allow the tree to grow to a mature height.
44. Utilities: All on-site utilities shall be installed underground per Section 21.18.140 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.
45. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and
sewer cleanout(s) shall be relocated or installed on private property behind the public
right-of-way line.
46. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant
shall submit a utility coordination plan and schedule for approval by the City Engineer
for installation and/or abandonment of all utilities. The plan shall clearly show the
location and size of all existing utilities and the associated main lines; indicate which
utilities and services are to remain; which utilities and services are to be abandoned,
and where new utilities and services will be installed. Joint trenches for new utilities
shall be used whenever possible.
47. Pavement Restoration: Based on the utility coordination plan, the applicant shall
prepare a pavement restoration plan for approval by the City Engineer prior to any
utility installation or abandonment. Streets that have been reconstructed or overlaid
within the previous five years will require boring and jacking for all new utility
installations. Campbell Avenue and S. Fourth St. have not been reconstructed or
overlaid in the last 5 years. The pavement restoration plan shall indicate how the street
pavement shall be restored following the installation or abandonment of all utilities
necessary for the project.
48. Utility Encroachment Permit: Separate permits for the installation of utilities to serve the
development will be required (including water, sewer, gas, electric, etc.). Applicant
shall apply for and pay all necessary fees for utility permits for sanitary sewer, gas,
water, electric and all other utility work.
49. Additional Street Improvements: Should any new utility main lines or other work
required to service the development affect any public improvements, the City may add
Planning Commission Res .tion No. 3904
PLN2008-96/112 - 2210 S. Bascom Avenue -Use Permit & Sign Permit (Masa Sushi)
Page 10
conditions to the development/project, at the discretion of the City Engineer, to restore
pavement or other public improvements to the satisfaction of the City.
50. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or
building permits, the applicant shall comply with the National Pollution Discharge
Elimination System (NPDES) permit requirements, Santa Clara Valley Water District
requirements, and the Campbell Municipal Code regarding stormwater pollution
prevention. The primary objectives are to improve the quality and reduce the quantity
of stormwater runoff to the bay.
Resources to achieve these objectives include Stormwater Best Management
Practices Handbook for New Development and Redevelopment ("CA BMP Handbook")
by the California Stormwater Quality Association (CASQA), 2003; Start at the Source:
A Design Guidance Manual for Stormwater Quality Protection ("Start at the Source") by
the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and
Using Site Design Techniques to Meet Development Standards for Stormwater Quality:
A Companion Document to Start at the Source ("Using Site Design Techniques") by
BASMAA, 2003.
51. Occupancy and Building Permit Final: Prior to allowing occupancy and/or final building
permit signoff for any and/or all buildings, the applicant shall have the required street
improvements and pavement restoration installed and accepted by the City, and the
design engineer shall submit as-built drawings to the City.
52. Private Improvements Agreement: Prior to issuance of any grading or building permits
for the site, the owner shall execute an "Agreement for Private Improvements in the
Public Right of Way". This agreement would be required to allow the existing utility
facilities located in the public right of way along the frontage of this property, and any
other non-City standard improvements, to remain.
County Fire:
53. Required Fire Flow: The fire flow for this project is 1,500 gpm at 20 psi residual
pressure. The adjusted fire flow is available from area water mains and fire hydrant(s)
which are spaced at the required spacing.
54. Cooking Equipment: Plans indicate possible use of commercial-type cooking
appliances capable of producing grease laden vapors. Such cooking equipment shall
be protected with fire sprinkler system or within an alternative automatic fire
extinguishing system designed, installed and maintained per applicable requirements
of the 2007 CFC, NFPA 13 and Title 19.
Planning Commission Res .tion No. 3904
PLN2008-96/112 - 2210 S. Bascom Avenue -Use Permit & Sign Permit (Masa Sushi)
Page 11
PASSED AND ADOPTED this
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
12th day of August, by the following roll call vote:
Doorley, Ebner, Gairaud, Gibbons, Rocha and
Roseberry
None
Alderete
None
APPROVED:
Bob Roseberry, Chair
ATTEST:
Sharon Fierro, Secretary