CC Resolution 12068RESOLUTION NO. 12068
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL APPROVING OF A MASTER USE PERMIT
(PLN2015-358) TO ALLOW THE CONSTRUCTION OF A 5-
STORY 100,000 SQUARE-FOOT OFFICE BUILDING, FOUR
RETAIL BUILDINGS CONSTITUTING 18,600 SQUARE-FEET, A
30,000 SQUARE-FOOT FITNESS FACILITY OR A 12,000
SQUARE-FOOT RETAIL/OFFICE BUILDING, EXPANSION OF
THE EXISTING PARKING STRUCTURE (3 OR 5 STORIES),
VARIOUS SITE IMPROVEMENTS, ALTERATIONS TO
EXISTING BUILDINGS, ESTABLISHMENT OF A NEW LAND
USE PROGRAM INCLUDING SPECIFYING PERMITTED AND
CONDITIONAL USES, CONTINUED ALLOWANCE OF A
SHARED PARKING PROGRAM, AND IMPLEMENTATION OF A
TRANSPORTATION DEMAND MANAGEMENT PROGRAM
(TDM) FOR THE PRUNEYARD SHOPPING CENTER AND
OFFICES LOCATED AT 1875, 1887, 1901, 1919, 1995, & 1999
S. BASCOM AVENUE.
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
The City Council finds as follows with regard to File No. PLN2015-358:
Environmental Finding
An Initial Study has been prepared for the Pruneyard Shopping Center and Offices
Expansion Project ("Proposed Project") which provides documentation for the factual
basis for concluding that a Mitigated Negative Declaration may be adopted since no
substantial evidence exists, in light of the whole record, that the project may have a
significant effect on the environment.
Evidentiary Findings
1. The Project Site is The Pruneyard Shopping Center and Offices, a 27 acre multi-use
property encompassing three professional office buildings, ahotel, amulti-building
retail shopping center,, and amulti-level parking garage. The property is bounded by
Bascom and Campbell Avenues to the east and south, Highway 17 to the west, and the
Pruneridge Plaza Apartments and the Campisi Way terminus to the north.
2. The Project Site is within the C-2 (General Commercial) Zoning District and the C-2-O
(General Commercial/Overlay) Combining Zoning District as depicted on the Campbell
Zoning Map adopted pursuant to Campbell Municipal Code Section 21.040.030.
3. The Project Site is designated by the General Plan Land Use Diagram as General
Commercial, which corresponds with the above referenced Zoning District
designations.
City Council Resolution Page 2
Approval of a Master Use Permit
The Pruneyard Shopping Center and Offices Expansion Project
4. The Pruneyard Shopping Center and Offices Expansion Project ("Proposed Project")
consists of the following components:
Zoning Map Amendment (PLN2015-357): To amend the Campbell Zoning Map to
rezone a portion of The Pruneyard from the C-2 (General Commercial) Zoning
District to the C-2-O (General Commercial /Overlay) Combining Zoning District for
a consistent zoning designation over the entire property.
Master Use Permit (PLN2015-358): To allow the construction of a 100,000 square-
foot (5-story) office building, four retail buildings constituting 18,600 square-feet, a
30,000 square-foot fitness facility or a 12,000 square-foot retail/office building,
expansion of the existing parking structure (3 or 5 stories), various site
improvements, alterations to existing buildings, establishment of a new land use
program including specifying permitted and conditional uses, continued allowance
of a shared parking program, and implementation of a transportation demand
management program (TDM).
• Tentative Vesting Parcel Map (PLN2015-77): To allow division of the property into
three parcels.
• Tree Removal Permit (PLN2015-335): To allow removal of on-site "protected"
trees.
• Master Sign Plan with a Freeway Oriented Sign (PLN2015-78): To allow a new
comprehensive signage scheme including afreeway-oriented sign, an increase in
sign area, height, and number.
• Zoning Text Amendment (PLN2015-76): To revise various sections of the
Campbell Zoning Code (Title 21 of the Campbell Municipal Code) to reference the
land use program created by the Master Use Permit and to allow the signage
proposed by the Master Sign Plan.
5. As noted above, the Master Use Permit is part of the overall Proposed Project and has
been reviewed in conjunction with all other aspects of the Proposed Project.
6. The Master Use Permit is adopted pursuant to the provisions of the Overlay Combining
Zoning District, which requires adoption of a Conditional Use Permit to create,
establish, erect, construct, enlarge, place, or install any building, structure, or use.
7. Approval of a Zoning Code Amendment adopted by separate ordinance will amend the
provisions of the Overlay Combining Zoning District to specify that the Conditional Use
Permit for a regional commercial center shall be known as a "Master Use Permit". The
proposed Master Use Permit will be consistent with the provisions of the Overlay
Combining Zoning District with adoption of the aforementioned ordinance.
8. The Pruneyard Shopping Center and Offices meets the definition of a regional
commercial center.
9. The entirety of Project Site will be within the Overlay Combining Zoning District with
approval of a Zoning Map Amendment adopted by separate ordinance.
Hpprovai or a iwasrer use rerma
City Council Resolution Page 3
Approval of a Master Use Permit
The Pruneyard Shopping Center and Offices Expansion Project
10.The Overlay Combining District is intended to provide modifications, additions and
limitations to zoning districts to meet special conditions and situations concerning
properties within such zoning districts that cannot otherwise be treated satisfactorily.
11.The multi-use nature of The Pruneyard Shopping Center and Offices, including a retail
shopping center, a hotel, and three office buildings, its shared parking arrangement
between the different uses, the incremental development over several decades, as well
as the overall scale of the Project Site, constitute a special condition and situation.
12. By provision of a numeric maximum for liquor licenses with the Master Use Permit, it is
affirmatively determined that there is not an overconcentration of alcohol service
establishments or an undue proximity of off-site alcoholic sales establishments within
The Pruneyard.
13. The City Council has considered traffic safety, traffic congestion, and site circulation,
including the effect of the site development plan on traffic conditions on abutting
streets, the layout of the site with respect to locations and dimensions of vehicular and
pedestrian entrances, exit driveways and walkways, the arrangement and adequacy of
off-street parking facilities to prevent traffic congestion, the location, arrangement and
dimensions of truck loading and unloading facilities, the circulation patterns within the
boundaries of the development; and the surfacing and lighting of off-street parking
facilities.
14. The City Council has also considered landscaping improvements, including the the
location, height and material of walls, fences, hedges, and screen plantings to insure
harmony with adjacent development or to conceal storage areas, utility installations or
other unsightly development, the planting of ground cover or other surfacing to prevent
dust and erosion; and the unnecessary destruction of existing healthy trees.
15.The City Council has also considered the building and site layout, including thee
general silhouette and mass of buildings, including location on the site, elevations and
relation to natural plant coverage, all in relationship to the neighborhood, the exterior
design of buildings in relation to adjoining structures in height, bulk, and area openings,
breaks in the facade facing on the street, line and pitch of roof, and arrangement of
structures on the parcel, and special conditions and situations concerning the property
and the adjoining properties.
16. Consideration of the above referenced matters includes the preparation and
conclusions of professional reports prepared for the Proposed Project, including a
Traffic Impact Analysis (TIA), a Site Plan Evaluation (within the TIA), a Parking
Demand and Supply Analysis (peer-reviewed by the TIA consultant), and a report by
the City's Architectural Advisor.
17.Consideration of the above referenced matters also reflects an understanding that the
parking within the Project Site operates under a shared parking scheme that accounts
for daily variability among differing land uses. As demonstrated by the Parking Demand
and Supply Analysis and as confirmed by the Traffic Impact Analysis, the Project Site
will be adequately parked.
City Council Resolution Page 4
Approval of a Master Use Permit
The Pruneyard Shopping Center and Offices Expansion Project
18. Properties within the Overlay Combining Zoning District are not subject to the City's
standard parking requirements due to the special conditions and situations; therefore, a
Parking Modification Permit is not necessary
19.The approval duration of the Master Use Permit is consistent with the Campbell
Municipal Code that allows the City to establish expiration dates within a permit or
project approval.
20.The Master Use Permit, specifically including its land use program, is consistent with
purpose and intent the General Commercial Land Use Designation.
21.The Master Use Permit is consistent with General Plan goal, policies, and strategies for
the Pruneyard/Creekside, listed below, by substantially improving the aesthetic
character and pedestrian-orientation of The Pruneyard, strengthening the center's
linkage to Downtown Campbell, enhancing the connection to the Los Gatos Creek
Trail, activating the southwest corner adjacent to the new "portals" opening with the
new office and retail buildings, taking advantage of development capacities within an
appropriately designated part of the City, sharing parking facilities amongst different
uses, and maintaining consistency with the adopted land use maximums.
Goal LUT-14: The Pruneyard) Creekside Area as an active, connected "urban village" with a
mixture of commercial, office, residential, entertainment and recreational uses
functioning as a community and regional focal point.
Policy LUT-14.1: Area Plan: Develop an Area Plan for the Pruneyard /Creekside Commercial
District.
Policy LUT-14.2: Development Intensities: Allow higher development intensities within the
Pruneyard /Creekside area.
Strategy LUT-14.2a: Maximum Heipht: Allow new buildings and redeveloped buildings to develop at
the maximum height in the Pruneyard/Creekside Area, subject to traffic and
environmental constraints.
Strategy LUT-14.2b: Floor Area Ratio (FAR): Allow a maximum FAR of 2.0 for new development or
redevelopment within the Pruneyard/Creekside Area.
Policy LUT-14.3: Physically Connected: Encourage new development in the Pruneyard/Creekside
Area that is physically connected to existing development and oriented towards
the creek trail with appropriate setbacks, and that provides logical connections
and access to the creek trail.
Strategy LUT-14.3d: Links to Los Gatos Creek: Ensure that new development provides visual and
pedestrian linkages with Los Gatos Creek.
Strategy LUT-14.4a: Floor Area Ratio: Allow sites of greater than 3 acres to maximize densities of up
to 2.0 FAR for non-residential uses and up to a maximum residential density of
27 units per grass acre. Project densities on parcels of smaller size will be
reduced on a sliding scale as indicated below:
Minimum Acres Maximum Allowable Density
FAR Range
Up to .99 .30 Up to 8 du/acre
1.0 to 1.99 .50 8 to 16
2.0 to 2.99 1.0 8 to 21
City Council Resolution Page 5
Approval of a Master Use Permit
The Pruneyard Shopping Center and Offices Expansion Project
3.0 and above 2.0 8 to 27
Strategy LUT-14.4d: Parking Facilities: Joint use of parking facilities may be utilized with mixed-use
development formats on larger parcels.
Policy LUT-14.5: Building Orientation: Orient buildings toward public streets. New buildings on
corner lots should frame the intersection through the use of reduced setbacks
where necessary for access, facades that incorporate prominent entries,
windows, design details and landscaping.
Strategy LUT-14.5b: Non-residential Entries: Orient entries of non-residential developments toward
the public street and provide street-level windows and glass front display bays
for all street-level office and retail.
Strategy LUT-14.5c: Parking Lots: Encourage parking lots at the side of or rear of, or below buildings.
Parking lots are strongly discouraged between buildings and the sidewalk.
Strategy LUT-14.6b: Ground Floor Retail Uses: Ensure ground floor retail uses on Bascom and
Hamilton Avenues, with vibrant street level elevations.
Strategy LUT-14.6c: Decorative Features: Development projects should incorporate decorative
features including plazas that incorporate amenities such as public art, special
paving, tile, and fountains.
22.The Master Use Permit is also consistent with the following General Plan strategies
and policies with regards to the appropriate type, intensity, and location of
development, provision of transportation features and programs, suitable pedestrian
and bicycle access and amenities, safe and efficient site layout, creative and high
quality architectural design, pedestrian-oriented urban form, maintaining a balanced
mix of uses, implementation of public improvements, and provision of a variety of uses
within the community.
Strategy LUT-1.5a: Transit-Oriented Development: Encourage transit-oriented development
including employment centers such as office and research and development
facilities and the city's highest density residential projects by coordinating the
location, intensity, and mix of land uses with transportation resources, such as
Light Rail.
Strategy LUT-1.5d: Higher Floor Area Ratios (FARsI: Develop provisions for allowing higher FARs
in new projects that provide a mix of uses, maintain ajobs/housing balance or
are located within proximity to Light Rail.
Strategy LUT-1.5f: Transportation Impact Mitigation: development that impacts the transportation
system. Evaluate the establishment of a Complete Streets Impact fee policy to
be imposed on new development and applied toward improving the City's
multimodal transportation system.
Strategy LUT-2.1c: Bicycle Facilities: Require adequate and secure bicycle facilities at employment
centers, activity centers, and residential projects.
Strategy LUT-2.1k: Private Development: Developers will be required to make public improvements
related to their project to improve and enhance bicycle, pedestrian and transit
opportunities consistent with City policy.
Strategy LUT-2.1q: Transportation Demand Management (TDM1: For new employment centers
require TDM site design measures including carpool and van pool parking,
bicycle storage, and discounted public transit programs.
Strategy LUT-2.3a: Intersection Level of Service: To the extent possible, maintain level of service
(LOS) on designated intersections consistent with the Santa Clara County
Congestion Management Plan.
Approval of a Master Use Permit
City Council Resolution
Approval of a Master Use Permit
The Pruneyard Shopping Center and Offices Expansion Project
Policy LUT-2.4: Jobs and Housing Balance: Maintain Campbell's balance of jobs and housing
units to encourage residents to work in Campbell, and to limit the impact on the
regional transportation system.
Strategy LUT-2.4a: Full Range of Land Uses: Provide for a full range of land uses within the City,
and for mixed-uses within specific development projects
Policy LUT-5.3: Variety of Commercial and Office Uses: Maintain a variety of attractive and
convenient commercial and office uses that provide needed goods, services and
entertainment
Strategy LUT-5.3b: Minimal Setbacks: Design commercial and office buildings city-wide to have
minimal setbacks from the sidewalk except to allow for pedestrian oriented
features such as plazas, recessed entryways, and wider sidewalks for outdoor
cafes. Discourage parking areas between the public right-of way and the front
fagade of the building.
Strategy LUT-5.3c: Revitalization of Shooping Centers: Encourage the maintenance and
revitalization of commercial shopping centers.
Strategy LUT-5.3d: Commercial Centers: Review the design, use and upgrading of commercial
centers via the discretionary permit process, and ensure that conditions of
approval are adopted that require businesses to be well kept and operated in a
way that limit impacts to adjacent uses.
Strategy LUT-7.2n: Consistency with Plans: Ensure that new development and substantial
remodeling projects are consistent with Specific Plans, Area Plans, City
Standard Details and adopted Streetscape Standards to create cohesive design.
Strategy LUT-g.1c: Land Use Objectives and Redevelopment Plans: Permit only those uses that are
compatible with land use objectives and redevelopment plans.
Policy LUT-g.3: Design and Planning Compatibility: Promote high quality, creative design and
site planning that is compatible with surrounding development, public spaces
and natural resources.
Strategy LUT-g.3d: Building Design: Design buildings to revitalize streets and public spaces by
orienting the building to the street, including human scale details and massing
that engages the pedestrian.
Strategy LUT-g.3e: Building Materials: Encourage the use of long-lasting, high quality building
materials on all buildings to ensure the long-term quality of the built
environment.
Strategy LUT-g.3f: Development Orientation: Orient new development toward public and private
amenities or open space, in particular:
Orient high activity areas such as outdoor dining areas and plazas, and
major pedestrian routes toward the amenity or open space.
Strategy LUT-9.3g: Pedestrian Amenities: Incorporate pedestrian amenities such as plazas,
landscaped areas with seating, pedestrian walkways into new developments.
Strategy LUT-9.3i: Master Plan of Phased Sites: Ensure developers of phased multi-building
complexes provide a master plan demonstrating how the entire site will be
developed.
Strategy LUT-10.2a: Streetscape Standards: Implement Streetscape Standards with landscaped
boulevard treatment on arterial streets, and implement the installation of street
trees per the Standard Street Improvements.
Strategy LUT-11.1 d: Bicycle and Pedestrian Connections in Development: Encourage new or
redeveloping projects to provide logical bicycle and pedestrian connections on
site, between parking areas, buildings, and street sidewalks and to existing or
planned public right-of-way facilities and encourage pedestrian passages
Page 6
City Council Resolution Page 7
Approval of a Master Use Permit
The Pruneyard Shopping Center and Offices Expansion Project
between street-front sidewalks and rear-lot parking areas. Ensure that the
bicycle and pedestrian connections interface safely.
Policy LUT-11.2: Services Within Walking Distance: Encourage neighborhood services within
walking distance of residential uses.
Strategy LUT-12.1c: Parking Lot Design: Design parking lots to minimize impacts on the street
system by providing adequate sized driveways, sufficient queuing and efficient
circulation.
Strategy LUT-13.1: Variety of Uses: Attract and maintain a variety of uses that create an economic
balance within the City while maintaining a balance with other community land
use needs, such as housing and open space, and while providing high quality
services to the community.
Strategy LUT-13.1 c: Fiscal Effects of Land Use: Evaluate the fiscal effects of different land uses on
City revenues and services.
23. The design of the proposed 5-story, 75-foot tall office building was reviewed in terms of
its consistency with General Plan Strategy LUT-14.6, which specifically notes that
building heights should be reduced towards the adjacent streets, with taller buildings
located within the interior of the Pruneyard/Creekside area. As recommended by the
Planning Commission, the City Council determined that the Option 1 office building,
when incorporating the ground and top floor step-backs of the Option 2 building, would
achieve consistency with the Strategy. The required redesign of the building would
need to follow this design direction to minimize its massing and building height as
perceived from Campbell Avenue.
Based upon the foregoing findings of fact, the City Council further finds and concludes
that:
1. The uses (permitted and conditional) allowed by the Master Use Permit are allowed
within the C-2 General Commercial Zoning District, and comply with all other applicable
provisions of this Zoning Code and the Campbell Municipal Code;
2. The Master Use Permit is consistent with the General Plan;
3. The Project 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 Project 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 development approved
by the Master Use Permit are compatible with the existing and future land uses on-site
and in the vicinity of the subject property;
6. The establishment, maintenance, or operation of the Master Use Permit on the Project
Site 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;
City Council Resolution Page 8
Approval of a Master Use Permit
The Pruneyard Shopping Center and Offices Expansion Project
7. The Master Use Permit will aid in the harmonious development of the immediate area;
8. The Master Use Permit is consistent with applicable adopted design guidelines;
9. The Master Use Permit will not result in an over concentration of liquor establishments
uses in the surrounding area;
10.The Master Use Permit will not create a nuisance due to litter, noise, traffic, vandalism,
or other factors;
11.The Master Use Permit will not significantly disturb the peace and enjoyment of the
nearby residential neighborhood; and
12.The Master Use Permit will not significantly increase the demand on city services.
THEREFORE, BE IT RESOLVED that the City Council approves a Master Use Permit
(PLN2015-358), included in attached Exhibit B, allow the construction of a five-story
100,000 square-foot office building, four retail buildings constituting 18,600 square-feet, a
30,000 square-foot fitness facility or a 12,000 square-foot retail/office building, expansion
of the existing parking structure (3 or 5 stories), various site improvements, alterations to
existing buildings, establishment of a new land use program including specifying permitted
and conditional uses, continued allowance of a shared parking program, and
implementation of a transportation demand management program (TDM), for The
Pruneyard Shopping Center and Offices, located at 1875, 1887, 1901, 1919, 1995, & 1999
S. Bascom Avenue, subject to the attached Conditions of Approval (attached Exhibit A).
PASSED AND ADOPTED this 18th day of October, 2016, by the following roll call vote:
AYES: COUNCILMEMBERS: Kotowski, Resnikoff, Gibbons, Baker
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Cristina
ABSTAIN: COUNCILMEMBERS: None
APPROVED: `T ~ °-+~ ~_ G~-
Jas n T. Baker, Mayor
ATTEST:
Wendy ood, City Clerk
EXHIBIT A
CONDITIONS OF APPROVAL
Master Use Permit (PLN2015-358)
Where approval by the Director of Community Development, City Engineer, Public
Works Director, City Attorney or Fire Department is required, that review shall be for
compliance with all applicable conditions of approval, adopted policies and guidelines,
ordinances, laws and regulations and accepted engineering practices for the item under
review. Additionally, the applicant is hereby notified that he/she is required to comply
with all applicable Codes or Ordinances of the City of Campbell and the State of
California that pertain to this development and are not herein specified.
COMMUNITY DEVELOPMENT DEPARTMENT
1. Approval of Master Use Permit: Approval is granted for a Master Use Permit
(PLN2015-358) to allow the construction of a five-story 100,000 square-foot office
building, four retail buildings constituting 18,600 square-feet, a 30,000 square-foot
fitness facility or a 12,000 square-foot retail/office building, expansion of the existing
parking structure (3 or 5 stories), various site improvements, alterations to existing
buildings, establishment of a new land use program including specifying permitted
and conditional uses, continued allowance of a shared parking program', and
implementation of a transportation demand management program (TDM) for The
Pruneyard Shopping Center and Offices located at 1875, 1887, 1901, 1919, 1995, 8~
1999 S. Bascom Avenue.
2. Approved Development Plans. The Master Use Permit incorporates by reference
and inclusion as Appendix A, those Development Plans dated as received by the
City of Campbell Planning Department on April 29, 2016, consisting of architectural
and landscape drawings prepared by Lowney Architecture and civil drawings
prepared by HMH. The project shall substantially conform to the Approved
Development Plans, which illustrate the construction of new structures, architectural
alterations to existing structures, reconfiguration of the site layout, and hardscape
and landscaping improvements, as authorized by the Master Use Permit, except as
required by Condition of Approval No. 7.
3. Conformance with Master Use Permit: The Master Use Permit shall be the principal
land use instrument which governs the use of all land within The Pruneyard
Shopping Center and Offices and by which all approved structures shall be
constructed, all existing structures shall be improved, and how the properties shall
be maintained subject to the applicable standards and provisions of the Master Use
Permit.
4. Approval Effectiveness: Approval of the Master Use Permit shall not be effective
until Ordinance No. 2212 and 2213 are effective (30 days following passage and
adoption).
5. Establishment of the Master Use Permit: The Master Use Permit shall be
"established" upon issuance of a building permit for Phase 1 (A/B) in compliance
with Campbell Municipal Code Section 21.56.030.6.1 (Issuance of Building Permit),
at which time the Master Use Permit shall be controlling.
Conditions of Approval
The Prunevard Master Use Permit
Page 2
6. Approval Duration/Phasing: Development approved by the Master Use Permit may
commence according to the pre-approved phasing and duration periods as specified
by the Master Use Permit. Extensions to the approvallphasing periods shall be
processed as an Amendment to the Master Use Permit.
7. Redesign of Office Building: Prior to issuance of a building permit for the approved
five-story 100,000 square-foot office building '01' and no later than December 1,
2025, the applicant shall submit architectural and site improvement drawings
depicting a revised building design based on Option 1, with a more articulated
facade and stepped massing. The drawings shall be reviewed as an 'Architectural
Modification,' which the Community Development Director shall forward to the Site
and Architectural Review Committee and Planning Commission for consideration
and decision.
8. Master Sign Plan: As approved by separate action, the "final" Master Sign Plan is
hereby incorporated by reference into the Pruneyard Master Use Permit by inclusion
as Appendix B. Review and approval of signs shall be in compliance with the
provisions of the Master Use Permit.
9. Administrative Procedures: Decisions on Architectural Modifications and Conditional
Use Authorizations shall be made in compliance with the procedures prescribed by
Campbell Municipal Code Chapter 21.71 (Administrative Decision Process).
10. Emergencv Communications Antennas: Within 90 days following recordation of the
Parcel Map, the property owner shall prepare and record an easement or
comparable instrument, to the reasonable satisfaction of the City Attorney, providing
to the City of Campbell and Santa Clara County rights and privileges to a portion of
the rooftop and/or top floor of Pruneyard Tower I, in a location at the discretion of the
property owner, for purposes of maintaining emergency communications antennas
(of similar size to the existing equipment), provided that such easement shall
terminate if the emergency communication equipment is not in operation for 90
consecutive days or more (except for to a casualty event or event of force majeure)
or if such use is otherwise terminated. The easement would be subject the pre-
existing rights of others in the easement area and the use of the easement area
would be subject to a lease based on market-rate terms.
11. Caltrans Right-of-Way Improvements: For a period equal to the Approval Duration of
the project, the property owner shall make a continuous good faith effort to secure
an agreement with the California Department of Transportation (Caltrans) to
construct, at a reasonable cost to be paid solely by property owner, a public pathway
designed consistent with the California Highway Design Manual, within the Caltrans
right-of-way parallel with Highway 17, connecting the Los Gatos Creek trail spur,at
the southwest corner of The Pruneyard parking structure, to the northeast Campbell
Avenue "portals" opening. Additionally, prior to submittal for an 'Architectural
Modification' for redesign of the office building (Phase 4), the property owner shall
also make a good faith effort to secure an agreement to construct a public plaza,
consistent with the Approved Development Plans, within the Caltrans right-of-way
located adjacent to the southwest corner of The Pruneyard property, construction of
Conditions of Approval
The Prunevard Master Use Permit
Page 3
which shall only be required as part of Phase 4 of the project. In the event that good
faith efforts are made by the property owner, to the reasonable satisfaction of the
City of Campbell Community Development Director, and Caltrans remains unwilling
to grant either or both these agreements, this Condition of Approval shall be deemed
satisfied. The property owner shall provide quarterly status reports on its efforts to
secure an agreement with Caltrans.
12. Public Art: The project shall incorporate public art installations within the Main Plaza
and within the office building plaza as referenced by Condition of Approval No. 11,
above. The design of the public art installation within the office building plaza shall
only be required as part of Phase 4, and shall be reviewed by the Campbell Civic
Improvement Commission.
13. Public Improvement Requirements: Approval of the Master Use Permit incorporates
by reference all Conditions of Approval of the associated Vesting Tentative Parcel
Map.
14. Planning Mitigation Monitoring Fee: Prior to issuance of a building permit for Phase
1 A/B, the applicant shall pay a $5,000 Mitigation Monitoring Fee to ensure
compliance with the mitigation monitoring.
15. Mitigation Measures: The approved project shall incorporate all Mitigation Measures
identified in the Mitigated Negative Declaration, as restated below for reference:
• Mitigation Measure AES-1: Prior to submittal of a building permit for the parking
garage expansion, the applicant shall submit a photometric analysis prepared by
a qualified professional that analyzes stationary and mobile (vehicular) light
sources from within the expanded garage onto the adjacent residential property.
The analysis shall provide design recommendations as necessary to ensure that
new light emissions comply with the City's Lighting Design Standards (CMC Sec.
21.18.090). The construction drawings for the parking garage shall incorporate
the design recommendations of the photometric analysis.
• Mitigation Measure AQ-1: BAAQMD Basic Dust Control Measures. The
construction contractor shall reduce construction-related air pollutant emissions
by implementing BAAQMD's basic fugitive dust control measures, including:
• All exposed surtaces (e.g., unpaved parking areas, staging areas, soil piles,
graded areas, and unpaved access roads) shall be watered two times per
day.
• All haul trucks transporting soil, sand, or other loose material off site shall be
covered.
• All visible mud or dirt track-out onto adjacent public roads shall be removed
using wet power vacuum street sweepers at least once per day. The use of
dry power sweeping is prohibited.
• All vehicle speeds on unpaved roads shall be limited to 15 miles per hour.
I ne F'runeyard Master Use rermlt
Conditions of Approval Page 4
The Pruneyard Master Use Permit
• All roadways, driveways, and sidewalks to be paved shall be completed as
soon as possible. Building pads shall be laid as soon as possible after
grading unless seeding or soil binders are used.
• A publically visible sign shall be posted with the telephone number and
person to contact at the Lead Agency regarding dust complaints. This person
shall respond and take corrective action with 48 hours. The Air District's
phone number shall also be visible to ensure compliance with applicable
regulations.
• Mitigation Measure AQ-2: BAAQMD Basic Exhaust Emissions Reduction
Measures. The construction contractor shall implement the following measures
during construction to reduce construction-related exhaust emissions:
• Idling times shall be minimized either by shutting equipment off when not in
use or reducing the maximum idling time to five minutes (as required by the
California airborne toxics control measure Title 13, Section 2485 of California
Code of Regulations). Clear signage shall be provided for construction
workers at all access points.
• All construction equipment shall be maintained and properly tuned in
accordance with manufacturer's specifications. All. equipment shall be
checked by a certified mechanic and determined to be running in proper
condition prior to operation.
• Mitigation Measure AQ-3: Implement BAAQMD Enhanced Exhaust Emissions
Reduction Measures. The construction contractor shall implement the following
measures during construction to further reduce construction-related exhaust
emissions:
• All off-road equipment greater than 25 horsepower (hp) and operating for
more than 20 total hours over the entire duration of construction activities
shall meet the following requirements:
o Where access to alternative sources of power are available, portable
diesel engines shall be prohibited; and
o All off-road equipment shall have:
• Engines that meet or exceed either USEPA or CARB Tier 2 off-road
emission standards, and
• Engines that are retrofitted with a CARB Level 3 Verified Diesel
Emissions Control Strategy (VDECS). Acceptable options for
reducing emissions include the use of late model engines, low-
, emission diesel products, alternative fuels, engine retrofit
technology, after-treatment products, add-on devices such as
particulate filters, and/or other options as such are available.
• Mitigation Measure 810-1: If tree removal or ground disturbance activities are
scheduled to commence during the breeding season (February 1st through
August 31st), apre-construction nesting bird survey shall be conducted by a
qualified biologist to identify possible nesting activity of protected or special-
Conditions of Approval
The Prunevard Master Use Permit
Page 5
status birds within 15 days prior to such activities. If nesting activity is identified
during the survey, aconstruction-free buffer of suitable dimensions must be
established around any active raptor and migratory bird nest (up to 250 feet,
depending on the location and species) for the duration of the project, or until it
has been determined that the chicks have fledged and are foraging
independently from their parents.
• Mitigation Measure BIO-2: All trees to be removed shall be replaced as noted
by the following table. The required replacement trees, of species to be approved
by the Community Development Director, shall be specifically indicated on the
final landscaping plan submitted in association with site improvement drawings:
Trunk Size of Removed Tree
measured at 4 feet above rade Replacement Ratio Required
(er tree removed)
Diameter (in inches) Number of
re lacement trees Minimum Size
Less than 12 1 5-gallon
12 to 24 1 24 inch box
greater than 24 1 36 inch box
• Mitigation Measure CUL-1: If archaeological or paleontological resources are
encountered during excavation or construction, construction personnel shall be
instructed to immediately suspend all activity in the immediate vicinity of the
suspected resources and the City and a licensed archeologist or paleontologist
shall be contacted to evaluate the situation. A licensed archeologist or
paleontologist shall be retained to inspect the discovery and make any necessary
recommendations to evaluate the find under current CEQA guidelines prior to the
submittal of a resource mitigation plan and monitoring program to the City for
review and approval prior to the continuation of any on-site construction activity.
• Mitigation Measure CUL-2: In the event a human burial or skeletal element is
identified during excavation or construction, work in that location shall stop
immediately until the find can be properly treated. The City and the Santa Clara
County Coroner's office shall be notified. If deemed prehistoric, the Coroner's
office would notify the Native American Heritage Commission who would identify
a "Most Likely Descendant (MLD)." The archeological consultant and MLD, in
conjunction with the project sponsor, shall formulate an appropriate treatment
plan for the find, which might include, but not be limited to, respectful scientific
recording and removal, being left in place, removal and reburial on site, or
elsewhere. Associated grave goods are to be treated in the same manner.
• Mitigation Measure GEO-1: Applications for a building permit shall include a
geotechnical report prepared by a licensed engineer specializing in soils
mechanics containing foundation and retaining wall design recommendations, to
the satisfaction of the Building Official.
Conditions of Approval
The Prunevard Master Use Permit
Page 6
• Mitigation Measure HWQ-1: The construction contractor shall implement the
best management practices of the Santa Clara Valley Nonpoint Source Pollution
Control Program, "Blueprint for a Clean Bay".
• Mitigation Measure NOISE-1: Prior to submittal of a building permit for the
garage expansion, the applicant shall have an environmental noise assessment
study prepared to analyze how potential sound generation from the expanded
garage may affect the adjoining residential property. If the study indicates that
the new sound generated by the garage expansion will increase noise exposure
to the apartment building beyond both existing levels and the Campbell
Residential (Stationary) Noise Standard (CMC Sec. 21.16.070.E.1), the study
shall also provide recommended design and/or operational measures as
necessary to reduce the noise exposure to current levels or the Campbell
Residential (Stationary) Noise Standard, whichever is greater. These measures
shall then be incorporated into the final design and operation of the garage
expansion.
Mitigation Measure NOISE-2: All construction activity shall adhere to the
following standards:
• Construction activity shall occur during the prescribed hours and subject to
the standards set forth by Campbell Municipal Code Sec. 18.04.052 (Hours of
Construction -Time and Noise Limitations).
• All construction equipment with internal combustion engines used on the
project site shall be properly muffled and maintained in good working
condition.
• Unnecessary idling of internal combustion engines shall be strictly prohibited
• 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.
• Prior to the issuance of building permits, the project site shall be posted with
the name and contact number of the lead contractor in a location visible from
the public street so that the contractor can be made aware of noise
complaints.
• Mitigation Measure NOISE-3: Construction equipment, vehicles, and workers
associated with the development of the project shall not be permitted to park on
any residential street. Prior to issuance of a building permit, the applicant shall
prepare a construction staging plan indicating the placement of materials and
vehicles on the project site.
EXHIBIT B
PLACEHOL®ER
FASTER IJSE PER IT { T E PRA EYAR
MASTER USE PERMIT ~ THE PRU[VEYARD
Adopted on October 18, 2016
City Council Resolution No. 12068
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TABLE ®F C®iVTENTS
I. I'ntroduction .............................................................................. ...................................................................1
A. History ....................................................................................... ......................................................................1
B. Existing Conditions .................................................................... ......................................................................1
C. Land Use Policy ......................................................................... .......................................................................2
D. Purpose .................................................................................... .......................................................................2
E. Vision and Goals ....................................................................... .......................................................................3
F. Master Use Permit Contents .................................................... .......................................................................3
II. Administration ........................................................................... ...................................................................4
A. Approval of Master Use Permit ................................................ .......................................................................4
B. Establishment of Master Use Permit ........................................ .......................................................................4
C. Acceptance of Master Use Permit ............................................ .......................................................................4
D. Approved Phasing ..................................................................... .......................................................................4
E. Property Subdivision ................................................................ .......................................................................6
F. Previous Land Use Permits ....................................................... .......................................................................6
G. Amendments ............................................................................ .......................................................................6
H. Administrative Authority .......................................................... ...........:...........................................................7
I. Zoning Clearances .................................................................... .......................................................................7
J. Minor Changes ......................................................................... .......................................................................7
K. Appeals ..................................................................................... .......................................................................7
L. Interpretations of Provisions .................................................... .......................................................................7
M. Relationship to the Zoning Code .............................................. .......................................................................7
N. Additional Permits .................................................................... .......................................................................7
0. Owner's Responsibility ............................................................. .......................................................................8
P. Enforcement ............................................................................. .......................................................................8
Q. Custodianship ........................................................................... .......................................................................9
R. Indemnity ................................................................................. .......................................................................9
5. Severability ............................................................................... .......................................................................9
III. Development Controls ............................................................... ................................................................. 10
A. Conformance to Development Plans ....................................... .....................................................................10
B. Approved Building Areas .......................................................... .....................................................................10
C. Architectural Modifications ...................................................... .....................................................................11
IV. Land Use Controls ...................................................................... ................................................................. 12
A. Establishment of Land Use Program ........................................ .....................................................................12
B. Land Use Maximums ................................................................ .....................................................................12
C. Alcohol License Maximums ...................................................... .....................................................................13
Master Use Permit i The Pruneyard
TABLE OF CONTENTS
D. Land Uses Allowed ................................................................................. .......................................................14
E. Permitted Use Approval ........................................:................................ ...........:...........................................16
F. Conditional Use Authorization ............................................................... .......................................................17
G. . Authorized Conditional Uses .................................................................. .......................................................17.
H. Conditional Use Standards ..................................................................... .......................................................19
I. General Performance Standards ............................................................ .......................................................24
1. Uses Not Specified .................................................................................. .......................................................25
K. Non-Conforming Land Uses .................................................................... .......................................................25
V. Design Guidelines ................................................................................... ....................................................26
A. Architectural Character .......................................................................... .......................................................26
B. Outdoor Dining Guidelines ..................................................................... .......................................................27
C. Storefront Displays ................................................................................. .......................................................29
D. Outdoor Merchandise Display ................................................................ .......................................................29
E. General Site Materials and Elements ..................................................... .......................................................30
F. Utility Equipment ................................................................................... .......................................................32
G. Signage ................................................................................................... .......................................................32
H. Approved Typical Storefronts ................................................................. .......................................................33
I. Landscaping ............................................................................................ .......................................................35
VI. Operational Standards ............................................................................ .................................................... 36
A. Parking Management .............................................................................. ......................................................36
B. Transportation Demand Management (TDM) Plan ................................. ......................................................38
C. Trip Monitoring ....................................................................................... ......................................................41
D. Security .................................................................................................... ......................................................42
E. Special Events .......................................................................................... ......................................................42
F. Property Maintenance ............................................................................ ......................................................43
G. Refuse Enclosures .................................................................................... ......................................................43
VII. Definitians .......................................................................................... ...........................................:....... 44
A. Purpose and Applicability ........................................................................ ......................................................44
B. Definitions of Terms ................................................................................ ......................................................44
Appe ndices ....................................................................................................... ................................................... 45
A. Approved Development Plans ................................................................. ..........................................................
B. Approved Master sign Plan ..................................................................... ..........................................................
C. Center Declaration .................................................................................. ..........................................................
D. List of Previous Entitlements ................................................................... ..........................................................
E. Tenant Map ............................................................................................. ..........................................................
F. Special Event Closure Plans ..................................................................... ..........................................................
Master Use Permit ii The Pruneyard
ACKN®UVLE®GIO/IENi'S
CITY OF CAMPBELL
City Council
Jason Baker, Mayor
Elizabeth Gibbons, Vice Mayor
Michael Kotowski
Jeffrey Cristina
Paul Resnikoff
Planning Commission
Cynthia Dodd, Chair
Yvonne Kendall, Vice Chair
Donald Young
Phillip Reynolds
Ronald Bonhagen
Michael Rich
JoElle Hernandez
City Staff
Mark Linder, City Manager
Paul Kermoyan, Community Development Director
Todd Capurso, Public Works Director
Amy Olay, City Engineer
Matthew Jue, Traffic Engineer
Daniel Fama, Senior Planner
Roger Storz, Senior Engineer
Doris Quai Hoi, Assistant Engineer
DEVELOPMENT TEAM
Jim Ellis, Ellis Partners
Dean Rubinson, Ellis Partners
Leigh Prince, Jorgenson, Siegel, McClure & Flegel
Sam Macgeehan, Lowney Architecture.
Sarah Peters, Fehr & Peers
Zeferino Jimenez, HMH
CONSULTANTS
Dan Takacs, Hatch Mott MacDonald
Marvin Bamburg, MBA Architects
Susan O'Brien, O'Brien Code Consulting
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Source:lmogei oJAmerica-Campbell, Karen Brey
Master Use Permit iii The Pruneyard
®®CUMENT HIST®RY
As authorized by the City Council and pursuant to the procedures prescribed herein by the Master Use Permit, the
Community Development Director has the administrative authority to approve new or expanded conditional uses
("Conditional Use Authorization") and limited exterior building alterations, and additions ("Architectural
Modifications"). The City Council has the authority to approve significant changes ("Amendments") to allow
additional development and/or new land uses not otherwise allowed by the Master Use Permit and to extend the
approved project duration and phasing. To maintain a true and correct record of the Master Use Permit, these
actions shall be recorded in the 'Amendments and Administrative Authorizations' table, below. The Community
Development Director shall also update the appropriate table(s) within Master Use Permit following a Conditional
Use Authorization. These include Table IV-4 (Alcohol License Allotment) and Table IV-6 (Authorized Conditional
Uses). Documents, plans, and other records that may be associated with a Conditional Use Authorization,
Architectural Modification, or Amendment, shall be maintained as separate files associated with the file number
recorded in the table.
Additionally, the Community Development Director, acting as custodian of the Master Use Permit pursuant to the
authority granted herein, shall keep the Master Use Permit current by updating allotted restaurant square-footage
and alcohol licenses, as well as referenced business names and suite numbers upon change of tenancy. These
revisions shall be recorded in the 'Custodial Revisions' table, below. These changes are limited to Tables IV-2
(Restaurant Area Allotment), Table IV-4 (Alcohol License Allotment), and Table IV-6 (Authorized Conditional Uses).
Typographical corrections, formatting changes (paragraph spacing, pagination, etc.), and code citation revisions,
need not be recorded.
AMENDMENTS AND ADMINISTRATIVE AUTHORIZATIONS
DATE ( ACTION TYPE DESCRIPTION AUTHORITY FILE NUMBER RESOLUTION NO.
1. 10/18/2016 MUP Approval Adoption City Council PLN2015-358 12068
2.
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5.
6.
7.
8.
9.
CUSTODIAL REVISIONS
DATE I TYPE OF REVISION I DESCRIPTION OF REVISION I TABLE REVISED
1.
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9.
Master Use Permit iv The Pruneyard
i. i~vTR®®uc~a®~
A. HISTORY
Originally an orchard of pears and prunes known as Brynteson Ranch, The Pruneyard
Shopping Center and Offices (herein "The Pruneyard") was constructed in the late
1960's as an open-air shopping center in the Mission Revival style, characterized by
arched openings, plaster wall construction, the roofs and shade arcades. The Pruneyard
was considered the first "up-scale" shopping center in the West Valley, and was viewed
as a showplace with its unique blend of architecture, vibrant landscaping and quality
stores that brought shoppers from around the region. It also had the distinction of
having the tallest office building between San Francisco and Los Angeles for a time and
was the setting for the landmark United States Supreme Court case Pruneyard Shopping
Center v. Robins that extended the right to free speech to private shopping centers
under the California Constitution.
A number of renovations have taken place since
its inception almost SO years ago. In the late
1990's, a major change involved the removal of
the internal pagoda courtyard that was
surrounded by shops and fronted Bascom
Avenue. The landscape grounds of the pagoda
courtyard was replaced with additional parking,
shops that fronted pedestrian sidewalks next to
vehicle parking, and the introduction of an east-
west driveway through the shops to improve
internal vehicle circulation.
The Owner, who purchased The Pruneyard in 2014, has proposed changes to improve
and sustain The Pruneyard's economic vitality, including returning the courtyard to
focus once again on the pedestrian experience, construction of new buildings that
complement the existing built environment, addition of new pedestrian connections
throughout the center to safely move people, and the placement of additional
conveniently-placed parking. In this way, the Owner's proposed changes will reestablish
The Pruneyard's preeminence in the West Valley.
B. EXISTING CONDITIONS
The Pruneyard is located on one legal parcel, despite
being separated into several tax parcels. Within this
one parcel, The Pruneyard is developed with three
office buildings, a hotel, a retail shopping center, as
well as shared parking facilities including surface stalls
and amulti-level parking structure.
As one parcel, The Pruneyard is currently under single
ownership. Previous attempts to subdivide The
Pruneyard have been met with skepticism by the City
due to the potential for fragmented development.
However, through adoption of a "Master Use
Permit," and associated private operating
covenants, the City now believes that division of I
The Pruneyard into three legal parcels can be
accomplished in a • manner that maintains and ,
enhances The Pruneyard. L•
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Master Use Permit 1
The Pruneyard
INTRODUCTION
C. LAND USE POLICY
The 2001 Campbell General Plan recognizes The Pruneyard as part of
the broader "Pruneyard/Creekside Commercial District"-the area
bound by Highway 17, Hamilton, Bascom, and Campbell Avenues (see
map, right)-which is envisioned as an '.'active, connected 'urban village'
with a mixture of commercial, office, residential, entertainment and
recreational uses functioning as a community and regional focal point."
The Pruneyard is the southern node of this area, providing shopping,
dining, and entertainment opportunities, and a linkage to Downtown
Campbell. The General Plan identifies the site as General Commercial,
and provides applicable policies and strategies, below, which are
intended to carry out the vision for this area over time.
.• Large Retailers. Encourage large retailers to locate along Hamilton
Avenue and Bascom Avenue by maintaining large parcels,
encouraging lot consolidation, and discouraging parcel adjustments
that reduce lot sizes. (LUT-13.2d)
Shopping Center Preservation. Encourage the maintenance and
revitalization of commercial shopping centers. (LUT-5.3c)
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Variety of Commercial and Office Uses. Maintain a variety of attractive and
convenient commercial and office uses that provide needed goods, services and
entertainment. (LUT-5.3) -
o Physically Connected Development. Encourage new development in The
Pruneyard/Creekside Area that is physically connected to existing development and
oriented towards the creek trail with appropriate setbacks, and that provides logical
connections and access to the~creek trail. (LUT-14.3)
.^ Development Intensities. Allow higher development intensities within The
Pruneyard/Creekside area. (LUT-14.2)
Parcel Consolidation. Encourage the consolidation of properties to obtain more
logical building sites and coordinated development opportunities in the
Pruneyard/Creekside Area.(LUT-14.4)
D. PURPOSE
In 2015, the Owner submitted a comprehensive development application for The
Pruneyard, including proposed construction of several new retail buildings, afive-story
office building, expansion of the existing parking garage, and reconfiguration of the site
layout. As part of the overall project, the City encouraged preparation of a Master Use
Permit that would consolidate all existing approvals into a single document, and
establish the parameters for allowable retail, restaurant, service, and entertainment
uses moving forward.
As such, the purpose of the Master Use Permit is to serve as both the primary regulatory
tool for The Pruneyard, and the "blueprint" for its anticipated build-out. Moreover, the
Master Use Permit will be a "living document" in that the Community Development
Director has the authority to issue administrative approvals that allow changes in
conditional and permitted uses within the parameters identified herein, architectural
refinements, and minor additions, all of which will be incorporated herein through the
specific modifications as identified in the Document History (Pg. iv). This document
represents a complete and comprehensive vision for The Pruneyard. Any significant
changes, such as construction of new buildings not currently anticipated by the Master
Use Permit, will therefore, require further consideration by the City Council.
Master Use Permit 2 The Pruneyard
INTRODUCTION
E. VISION AND GOALS
The Pruneyard is an established presence in Campbell, second only to the Downtown in
significance and history to the community. Along with the City's approval of The
Pruneyard expansion and improvement plans, the Master Use Permit is intended to
maintain and reinforce The Pruneyard's role as a premier retail and employment
destination. By creating a tailored land use plan, the Master Use Permit will encourage
new land uses that will contribute to the "sense of place" envisioned by the City and the
Owner. As a walkable and enticing destination, The Pruneyard will complement
Downtown Campbell and serve as a "bookend" to the East Campbell Avenue corridor.
The following are the goals for the Master Use Permit:
Retain a shopping center that maintains consistency with the goals and policies of
the General Plan;
Promote a cohesive use of The Pruneyard including the retail shops, the hotel, the
offices and all of the common spaces;
o Provide clear land use allowances and development intensities that are in keeping
with property limitations;
.• Establish a sustainable and balanced mix of uses.
Expedite land use entitlements through administrative decision-making processes
for proposals thatare consistent with the Master Use Permit;
Establish expectations of how the various uses (i.e., retail, office, hotel) are to be
maintained regardless of the property ownership;
.• Consolidate and/or replace all former Conditional Use Permits into one Master Use
Permit to govern how The Pruneyard will be maintained;
Establish a mutual understanding that any violation(s) of the Master Use Permit may
result. in limitations of the Owner's use of The Pruneyard until such time that the
violation(s) are resolved or in the initiation of modifcation/revocation proceedings.
F. MASTER USE PERMIT CONTENTS
The Master Use Permit is organized into the following Parts that follow this Introduction
(Part I):
Part II: Administration discusses the implementation framework for the Master Use
Permit and the authority of the City.
.• Part III: Development Controls provides the physical development standards for
the approved expansion and improvement of The Pruneyard, and associated
development maximums.
Part IV: Land Use Controls includes the land use provisions for The Pruneyard which
have been specifically tailored to further the Vision and Goals of the Master Use
Permit.
Part V: Design Guidelines contains the agreed upon design guidance that will
embody the architectural character of The Pruneyard.
.• Part VI: Operational Standards specifies the responsibilities of operating The
Pruneyard in a manner consistent with the Master Use Permit
Part VII: Definitions specifies the meaning of certain terms as used in the Master
Use Permit.
Master Use Permit 3 The Pruneyard
II. A®IVIIIVISTR~-TI®N
A. APPROVAL OF MASTER USE PERMIT
This Master Use Permit is approved by City Council Resolution No. 12068 pursuant to
the provisions of the 0 (Overlay) Overlay Zoning District, as amended by Ordinance No.
2213, and by Ordinance No. 2212, which extends the O (Overlay) Overlay Zoning District
over the entirety of The Pruneyard. The Master Use Permit shall be the principal land
use instrument which governs the use of all land within The Pruneyard and by which all
approved structures shall be constructed, all existing structures shall be improved, and
how the properties shall be maintained.
The Master Use Permit incorporates by reference, and inclusion as APPENDIX A, [hose
Development Plans dated as received by the City of Campbell Planning Department on
April 29, 2016, consisting of architectural and landscape drawings prepared by Lowney
Architecture and civil drawings prepared by HMH ("Approved Development Plans"), as
revised by the Conditions of Approval. The Approved Development Plans allow for
construction of neev structures, architectural alterations to existing structures,
reconfiguration of the site layout, and hardscape and landscaping improvements,
subject to the applicable standards and provisions ofthe Master Use Permit.
The Master Use Permit also incorporates by reference, and inclusion as APPENDIX B,
the "final" Master Sign Plan approved by City Council Resolution No. 12070, as revised
by the Conditions of Approval, dated as received by the City of Campbell Planning
Department on November 2, 2015, consisting of signage drawings and standards
prepared by Lowney Architecture that allow for tenant, site, navigational, and freeway-
oriented signage, subject to the applicable standards and provisions of the Master Use
Permit.
B. ESTABLISHMENT OF MASTER USE PERMIT
The Master Use Permit shall be considered "established" upon issuance of a building
permit for Phase 1 (A/B), as described in Section D (Approved Phasing), in compliance
with Campbell Municipal Code Section 21.56.030.6.1 (Issuance of Building Permit), at
which time the Master Use Permit shall be controlling on The Pruneyard.
C. ACCEPTANCE OF MASTER USE PERMIT
Prior to issuance of a building permit for work related to Phase 1 (A/B), the Owner shall
provide written acceptance of the Master Use Permit, on a form to be provided by the
Community Development Director, agreeing to be bound by, to comply with, and to do
all things required of Owner, pursuant to all of the terms, provisions, and requirements
of the Master Use Permit and the Campbell Municipal Code. The written acceptance of
the Master Use Permit shall be recorded against the property which comprises The
Pruneyard, in the Official Records of the County of Santa Clara.
D. APPROVED PHASING
The Master Use Permit outlines the long-term physical development of The Pruneyard.
The approved buildings and site improvements may be constructed in phases as
depicted on the Phasing Plan on the following page, and as allowed by Campbell
Municipal Code Section 21.56.030.A.3.b (Pre-Approved Phases). Failure to construct all
phases after the project has been established shall no[ void the Master Use Permit,
which shall otherwise remain controlling on the property. However, if elements of the
Master Use Permit are intended to apply only after completion of certain phases, and
thatphase is not constructed, then those elements shall no longer apply. A request for
an extension to the approved phasing deadlines shall be considered an Amendment to
the Master Use Permit in compliance with Section G (Amendments).
Master Use Permit 4 The Pruneyard
ADMINISTRATION
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The phasing of the project shall adhere to the following deadlines. By each deadline, a
building permit(s) for the construction within the particular phase shall be obtained.
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.• Phase 1(A/B): One (1) Year from the Effective Date of Approval, by December 1, 2017 rW15'E, l PHASEa
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.• Phase 4: Ten (10) Years from the Effective Date of Approval, by December 1, 2026
*Commencement and completion of Phase 2 (Building RS) is not a prerequisite to the
commencement of Phase 3 or Phase 4.
E. PROPERTY SUBDIVISION
Subdivision of The Pruneyard into three parcels shall be completed pursuant to the
approved Tentative Vesting Parcel Map (Sheet TM-1) approved by City Council
Resolution No. 12069, consistent with all conditions of approval contained therein. In
compliance with Campbell Municipal Code Section 21.56.030.A.3.b(2) the Parcel Map
shall not be recorded until a building permit for work related to Phase 1 (A/B) has been
issued and separation of the hotel, as required by the California Building Code, has been
completed.
Subdivision of The Pruneyard is also contingent upon establishment of a Declaration of
Covenants, Restrictions and Parking Easements ("Pruneyard Declaration") providing for
a Center Association (as defined in Part VII) which shall manage all property identified as
'Common Areas' on Sheet A1.16 (Common Area Diagram) of the Approved Development
Plans (APPENDIX A) consisting of parking, landscaping, irrigation, lighting, pedestrian
paths, etc., in a functional, clean, and well maintained manner. Prior to recordation of
the Parcel Map, the Pruneyard Declaration shall be reviewed by the City Attorney and
Community Development Director for consistency with the provisions and requirements
of the Master Use Permit. The Pruneyard Declaration shall be considered a component
of the Master Use Permit, herein included as APPENDIX C. All material revisions,
amendments, or addendums to the Pruneyard Declaration shall require approval of the
City Attorney and Community Development Director to verify consistency with the
Master Use Permit.
Master Use Permit 5 The Pruneyard
ADMINISTRATION
F. PREVIOUS LAND USE PERMITS
To provide a clear regulatory framework for operationof The Pruneyard, upon permit
establishment, pursuant to Section B (Establishment of Permit), the Master Use Permit
shall supplant the previous land use approvals as described below:
.• Site and Architectural Approvals. Entitlement approval for The Pruneyard's existing
retail, hotel, and office structures is provided in various Site and Architectural
Review Permit, "S" Site Permit, "M" Modification Permit, and "SDP" Special
Development Permit approvals. These entitlements, as specifically listed in
APPENDIX D, are herein incorporated by reference, and shall remain operative in
their conveyance of a right [o reconstruct buildings of a certain size, height, and
. placement, upon involuntary destruction by cause of natural calamity, or act of God
or the public enemy. However, the use and operation, and the architectural
appearance of the buildings-including, but not limited to Color, surfacing, and
material detailing-shall be governed by the Master Use Permi[ and the Approved
Development Plans (APPENDIX A).
.• Conditional Use Permit Approvals. The Pruneyard center-wide Conditional Use
Permit ("UP" 94-19) approved by City Council Resolution No. 8776, as well as all
other exercised and active Conditional Use Permits issued for individual tenants
previously approved by the Planning Commission, as also specifically listed in
APPENDIX D, are herein superseded by the Master Use Permit, with all vested
rights therein transferred and assigned to the Master Use Permit. All land uses shall
comply with the provisions, standards, and requirements of the Master Use Permit,
notwithstanding allowance for continuation of non-conforming land uses provided
in Part IV, Section K (Non-Conforming Land Uses).
G. AMENDMENTS
Any request to allow a new building not included within the Approved Development
Plans (APPENDIX A), a building addition and/or alteration beyond the scope permitted
by Part III, Section C (Architectural Modifications), gland use not specifically permitted
by Part IV, Section D (Land Uses Allowed), or any other proposal that the Community
Development Director determines to constitute a "major change" as defined by
Campbell Municipal Code Section 21.56.060. D. i, shall require an Amendment to the
Master Use Permit pursuant to this section.
.• Eligibility. An Amendment may be initiated by written request of the Center
Association, or by an Owner or business operator with the written consent of the
Center Association.
> Content of Request and Filing fees. A written request for an Amendment shall state
the specific change(s) requested and the purpose for the request. The filing fee for
an Amendment shall be the same as that for a General Plan Amendment, as
specified in the Schedule of Fees and Charges.
.• Consideration Procedure. The City Council, upon recommendation of the Planning
Commission, shall approve, conditionally approve, or deny a request for an
Amendment, with respect to the considerations provided in Campbell Municipal
Code Section 21.14.030.D (Consideration in Review of Applications) and the findings
fora Conditional Use Permit provided in Campbell Municipal Code Section
21.46.040 (Findings and Decision) in compliance with the procedures prescribed by
Campbell_Municipal Code Chapter 21.64 (Public Hearings).
Master Use Permit 6 The Pruneyard
ADMINISTRATION
H. ADMINISTRATIVE AUTHORITY
To expedite consideration of routine requests to~accommodate conditional-land uses
and minor building alterations and expansions, while still maintaining the City's ability to
apply appropriate restrictions or requirements, the Community Development Director
shall be the decision-making authority for Site and Architectural Review Permit approval
(herein referred to as an "Architectural Modification") pursuant to Part III, Section C
(Architectural Modification) and Conditional Use Permit approval (herein referred to as
"Conditional Use Authorization") pursuant to Part IV, Section F (Conditional Use
Authorization), in compliance with the provisions of the Overlay/Combining Zoning
District (Campbell Municipal Code Section 21.14.030).
ZONING CLEARANCES
The Community Development Director shall retain decision-making authority on
ministerial actions through issuance of a Zoning Clearance incompliance with Campbell
Municipal Code Chapter 21.40 (Zoning Clearances).
J. MINOR CHANGES
The Community Development Director may ministerially approve a "minor change," as
defined by Campbell Municipal Code Section 21.56.060.A, for any existing or approved
building, land use, or site improvement as part of a Zoning Clearance review of
construction drawing or tenant improvement drawings for a building permit. Minor
changes are de minimis in nature, and include variations to paint colors, building
materials, equipment and fixtures, and other similar architectural or design details that
are not generally perceivable or noticeable. As such, minor changes need not be
recorded in the Document History (Page iv).
K. APPEALS
Decisions made by the Community Development Director may be appealed to the
Planning Commission pursuant to Campbell Municipal Code Chapter 21.62 (Appeals).
The Planning Commission's decision to sustain or reject an appeal may be further
appealed to the City Council, whose decision shall be final.
L. INTERPRETATIONS OF PROVISIONS
The Community Development Director shall have the authority to interpret the meaning
and applicability of all provisions and requirements of the Master Use Permit. Where a
disagreement with the Community Development Director's application or
understanding of a provision or requirement of the Master Use Permit occurs, the
procedures for an Interpretation provided in Campbell Municipal Code Section
21.020.030 (Procedures for Interpretations) shall be followed, including the provisions
for an appeal.
M. RELATIONSHIP TO THE ZONING CODE
The Master Use Permit includes references to applicable sections of Title 21 (Zoning
Code) of the Campbell Municipal Code for purposes of clarification and succinctness
(e.g., as not to duplicate administrative procedures). However, the Master Use Permit
provides greater specificity in terms of allowable land uses, developmentstandards, and
decision-making authority as permitted by the Zoning Code. However, where a conflict
may exist between the Zoning Code and the Master Use Permit, the provisions of the
Zoning Code shall prevail; provided, however, that any deviations from the
requirements of the base zoning district that are enacted under the authority of
Campbell Municipal Code Section 21.14.030.A shall prevail over any conflicting
requirements of the base zoning district .
Master Use Permit 7 The Pruneyard
ADMINISTRATION
N. ADDITIONAL PERMITS
Land uses allowed by the Master Use Permit may still require the issuance of a building
permit or other agency approval(s) before being established. Nothing in the Master Use
Permit shall eliminate the need to obtain any permits or approvals required by the
Campbell Municipal Code or any applicable County, State, or Federal agency regulations.
All necessary permits and approvals shall be obtained before starting work or
establishing new uses.
O. OWNER'S RESPONSIBILITY
This Master Use Permit is adopted as a mutually beneficial instrument between the City
and Owner. The timely cooperation and assistance of the Owner, including the Center
Association, property managers, and agents, is expected in its implementation. This
includes the Center Association keeping the City apprised of changes in
tenancy/business names in an annual update, revising referenced exhibits or producing
new exhibits as requested by the City, and granting the City the ability the inspect the
premises with reasonable notice as necessary to ensure compliance with the Master
Use Permit.
ENFORCEMENT
One of the objectives of the Master Use Permit is to ensure that The Pruneyard and all
of its constituent components (retail, office, and hotel operations) are conducted
harmoniously and that all uses are operated as they were approved and intended. This
includes both individual businesses and commonly managed areas of The Pruneyard. If
either individual businesses or commonly managed areas are not operated or
maintained as required by the Master Use Permit, the City has the authority to apply the
Campbell Municipal Code and to enforce its provisions to remedy violations of the
Master Use Permit and/or the Campbell Municipal Code as described by this section.
The City Council shall be the decision-making body on any revocation/modification
proceeding brought forward under this section, upon recommendation of the Planning
Commission.
Notwithstanding the following, if any violation of the Master Use Permit and/or the
Campbell Municipal Code creates a condition that is harmful and/or deleterious to the
public health, safety and welfare of the citizens of Campbell, the violation may be
addressed as a public nuisance pursuant to the procedures identified in Campbell
Municipal Code Chapter 6.10 (Nuisance Abatement and Administrative
Remedies). Depending on the nature and origin of the violation, either the applicable
business owner and/or the Center Association shall be responsible for resolving and
correcting the violation(s) to the satisfaction of the City.
Private Business Operations. Individual land uses at The Pruneyard shall be
maintained and operated in accordance with the Zoning Clearance or Conditional
Use Authorization issued for that particular use, and with all applicable standards
specified in the Master Use Permit. Failure of any individual business operator to
comply with the issued Zoning Clearance or Conditional Use Authorization, or other
applicable standard, may result in the City initiating revocation/modification
proceedings consistent with Chapter 21.68 (Revocation or Modification) of the
Campbell Municipal Code to consider revocation or involuntary modification of the
Zoning Clearance or Conditional Use Authorization. Such proceedings will be
isolated to the land use approval for the individual business operation.
.• Commonly Managed Area Operations. Violations within the commonly managed
areas of The Pruneyard shall be the responsibility of the Center Association and
each Owner, who shall be jointly responsible. The City may initiate
revocation/modification proceedings consistent with Chapter 21.68 (Revocation or
Master Use Permit 8 The Pruneyard
ADMINISTRATION
Modification) of the Campbell Municipal Code to address such violations. Once this
process is initiated, all properties will be impacted as follows:
• No Building Permits will be issued;
• No Land Use Entitlements approved; and
• - No Business licenses/Zoning Clearances will be granted.
The City's action to modify the Master Use Permit shall be considered an
Amendment that may include revision, deletion, and/or creation of provision(s) in
the Master Use Permit as necessary to resolve identified violations. Should a
modification not resolve identified violations the City may take further action to
revoke the Master Use Permit, which shall maintain the stay on all City approvals,
as noted above, until such time the Master Use Permit is reestablished by the City.
In order to restore the Master Use Permit, the Center Association shall correct the
violation(s) to the satisfaction of the City Council.
Q. CUSTODIANSHIP
The Community Development Director shall be the City's custodian of the Master Use
Permit and all associated records and files. The Community Development Director may
correct typographical errors, make formatting changes (paragraph spacing, pagination,
etc.), update referenced business names and suite numbers upon change of tenancy,.
and revise citations to the Campbell Municipal Code as needed, as more specifically
described in the Document History (Page iv). The most current version of the Master
Use Permit shall be maintained electronically on the City's website, with each prior
version archived to the City's electronic document repository.
R. INDEMNITY
The Owner shall indemnify and hold harmless to the fullest extent allowed by law
(without limit as to amount) the City and its elected officials, officers, employees and
agents in their official capacity, and any of them, from and against any claims, actions,
causes of action, losses, damages, liabilities and costs of every nature (including
reasonable attorney's fees and costs of suit) of any and every kind and by whomever
and whenever made or obtained, caused by, arising out of, or resulting from, or alleged
to have been caused by, arise out of, or result from, in whole or in part, the approval or
exercise of the Master Use Permit, except for any claims, actions, causes of action,
losses, damages, costs or liabilities proximately caused by the sole negligence or willful
misconduct of City.
SEVERABILITY
In the event that any limitation, condition, restriction, or provision contained in this
Master Use Permit is to be held invalid, void or unenforceable by any court of competent
jurisdiction, the remaining portions of the Master Use Permit shall nevertheless, be and
remain in full force and effect.
Master Use Permit 9 The Pruneyard
III. DEVELOPMENT CONTROLS
A. CONFORMANCE TO DEVELOPMENT PLANS
All development shall substantially conform to the Approved Development Plans
(APPENDIX A), meaning that the construction drawings submitted for building permits
shall indicate buildings of approximately the same size, height, placement, architectural
design, and site improvements of approximately the same appearance and
configuration, as approved by the Master Use Permit, except where an Architectural
Modification has been authorized in compliance with Section C (Architectural
Modifications).
B. APPROVED BUILDING AREAS
The following buildings listed in Table III-1 are approved for construction, as also indicated
on the site plan, below. The developer may construct the 'R3' building as either 30,000
square-feet ("Option 1") or 12,000 square-feet ("Option 2") so long as the corresponding
parking garage expansion option is also constructed. Additionally, the other 'R' buildings
may be constructed smaller than the maximum allowed by authorization of an
Architectural Modification as specified by Section C (Architectural Modifications).
TABLE III-I-APPROVED BUILDING AREAS
APPROVED NEW BUILDING SIZE STORIES
'R1' (Commercial/Retail Building) 6,000 1 '
'R2' (Commercial/Retail Building) 5,800 1
'R4' (Commercial/Retail Building) 1,800 1
'RS' (Commercial/Retail Building) 5,000 1
'Ol' (Office Building) 100,000 5
'G2'(Underground Garage) 68,000 -
'G1'(Garage Expansion) 190,000 S
(Option 1 /Option 2J 114,000 3
'R3' (Commercial/Retail Building) 30,000 2
(Option 1 /Option 2J 12,000
Total Proposed Building Area 148,600
(excluding garage)
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Master Use Permit 10 The Pruneyard
DEVELOPMENT CONTROLS
Existing buildings, as listed in Table III-2, and as also indicated on the above site plan,
include the three existing office buildings, a hotel, and a retail shopping center
composed of several attached and detached buildings:
TABLE III-2-EXISTING BUILDING AREAS
EXISTING BUILDINGS TOTAL AREA (SF)
Hotel w/banquet and restaurant. 94,477 (171 rooms)
Shopping Center (Main Buildings) 231,143
Pad Buildings (2) 12342
Office Buildings (3) 360,115
Total Existing Building Area 698,076
The use of approved and existing buildings is limited by numeric (square-feet)
limitations of certain land uses as specified by Part IV, Section B (Land Use Maximums),
and by general land use allowability restrictions as specified by Part IV, Section D (Land
Uses Allowed).
C. ARCHITECTURAL MODIFICATIONS
The Community Development Director may authorize an Architectural Modification,
which for purposes of the Master Use Permit shall specifically include limited exterior
alterations and additions to existing buildings of no greater than 500 (gross) square-feet,
in compliance with this section. Any proposal determined not to fall within the scope of
this section shall constitute a "major change" and require an Amendment to the Master
Use Permit in compliance with Part II, Section G (Amendments).
1. Administrative Authorization
The Community Development Director may authorize a request for an
Architectural Modification provided the Community Development Director
makes the findings specified in subsection '2', below. The Community
Development Director's decision shall be made in compliance with the
procedures prescribed by Campbell Municipal Code Chapter 21.71
(Administrative Decision Process), subject to the same fee as for an
Administrative Site and Architectural Review Permit, as specified in the
Schedule. of Fees and Charges. An Architectural Modification shall be
authorized prior to issuance of a building permit for the work approved. Upon
approval, the authorized Architectural Modification shall be recorded in the
Document History (Page iv).
2. Findings to Authorize an ArchitecturaLModification
The Community Development Director shall authorize an Architectural
Modification only when the following findings are made:
1. The Architectural Modification is consistent with the architectural
character of The Pruneyard in terms of color(s), material(s), form and
mass;
2. The Architectural Modification is consistent with the Vision and Goals
of the Master Use Permit;
3. Any new building area can be accommodated by the existing or
proposed parking supply; and
4. The Architectural Modification is consistent with the applicable
General Plan Land Use Policies.
Master Use Permit 11 The Pruneyard
9V. LAIV® l1SE C®NTR®LS
A. ESTABLISHMENT OF LAND USE PROGRAM
These Land Use Controls establish [he tailored land use program for The Pruneyard,
pursuant to Campbell Municipal Code Section 21.14.030 (O (Overlay)
Overlay/Combining Zoning District), which specifies those permitted and conditional
uses that apply to The Pruneyard. Those permitted uses identified in this Master Use
Permit, which are a subset of the uses otherwise permitted in the Campbell Municipal
Code, are approved ministerially by issuance of a Zoning Clearance, as specified by
Section E (Permitted Use Approval). The conditional uses identified herein, which are
also a subset of the conditional uses identified in the Campbell Municipal Code, are
subject to a discretionary administrative review, as specified below in Section F
(Conditional Use Authorization). Additionally, certain allowable land uses are also
restricted as to aggregate square-footage and number as specified in Sections B (Land
Use Maximums) and C (Alcohol License Maximums), respectively.
B. LAND USE MAXIMUMS
In order to maintain an appropriate balance of land uses within The Pruneyard, and as
required by the project's environmental review, the following land use maximums
(Table IV-1) are hereby established. Any change to these land use maximums shall
require an Amendment to the Master Use Permit in compliance with Part II, Section G
(Amendments). Land uses not listed below, but allowed pursuant to Section D (Land
Uses Allowed), are permitted within the existing and proposed buildings without specific
maximums.
TABLE IV-1-LAND USE MAXIMUMS
LAND USE MAXIMUM (SF)
Fitness Facility 30,000
Movie and/or Performing Arts Theater I 20,400
Restaurants* 94,500
*Includes restaurants (as defined by Part VII), and stand-alone
bars/taverns, and nightclubs. _
By establishment of these maximums, the mix of land uses within The Pruneyard will be
consistent with the proposed parking supply, as determined by the project's parking
analysis, and subject to the parking management measures required by Part VI, Section
A (Parking Management). The parking analysis for the project calculated the required
parking based upon enclosed restaurant square footage. In this manner, parking for all
land uses authorized by the Master Use Permit, including restaurants has been found to
be sufficient. Therefore, changes to land use within The Pruneyard, consistent with
Section D (Land Uses Allowed) are not subject to any additional parking review, except
where a minor addition is proposed as allowed by Part III, Section C (Architectural
Modifications).
Table IV-2 identifies the current allotment of restaurants-as defined by Part VII
(Definitions)-by suite number (see APPENDIX E). This table shall be updated by the
Community Development Department anytime a restaurant is established or expanded
to ensure the Master Use Permit remains current.
Master Use Permit 12 The Pruneyard
LAND USE CONTROLS
TABLE IV-2 -RESTAURANT AREA ALLOTMENT
BUSINESS NAME SUITE #~ADDRE55 I SQUARE FEET
Buca Di Beppo 155 8,099
Cafe Artemis 300/350 3,599
Coffee Society 112 1,722
EI Burro 570 13,036
Kyoto Palace: 2500 5,704
Le Boulanger 440 3,719
Lisa's Tea Treasures 165 1,544
Little Wine Counter 560 974
Orchard City Kitchen 190 5,781
Outback 1887 S. Bascom 6,807
Pacific Catch, Inc.. 550 5,150
Patxi's Pizza 405 3,175
Rock Bottom Brewery 700 9,769
Tandoori (former) 250 2,136
Boswell (former) 105 2,069
Togo's 113 1,191
PY Kitchen and Bar 1995 S. Bascom 1,300
Current Total 75,775
Remaining Available 18,725
C. ALCOHOL LICENSE MAXIMUMS
The Community Development Director may authorize additional alcohol service ("liquor
establishment") and retail alcohol sales ("liquor store"), in compliance with Section F
(Conditional Use Authorization). However, the maximum number of "off-sale" and "on-
sale" licenses, as defined by the California Business and Professions Code, shall be
restricted as specified by the Table IV-3, below, except that incidental license types such
as instructional tasting or portable bar licenses granted in association with a primary
license, as well as temporary licenses (e.g., special events), shall not count against the
maximum.
TABLE IV-3-ALCOHOL LICENSE MAXIMUMS
LICENSE TYPE MAXIMUM
"On-Sale" (Consumptidnon-site) 25
"Off-Sale" (Consumption off-site) 5
By provision of these maximums, the City Council affirmatively finds that there is not an
overconcentration of alcohol service establishments or an undue proximity of off-site
alcoholic sales establishments within The Pruneyard. As such, an increase to the
maximum number of allowable licenses shall require an Amendment to the Master Use
Permit in compliance with Part II, Section G (Amendments). These maximums anticipate
completion of the entire approved project.
Master Use Permit 13 The Pruneyard
LAND USE CONTROLS
Table IV-4, below, identifies the current alcohol license allotment. This table shall be
updated by the Community Development Director when a Conditional Use
Authorization is granted to allow additional alcohol service or sales.
TABLE IV-4-ALCOHOL LICENSE ALLOTMENT
BUSINESS NAME I SUITE N~ADDRESS I LICENSE TYPE
Buca Di Beppo 155 Type 47 (On-Sale General)
Cafe Artemis 300/350 Type 47 (On-Sale General)
EI Burro 570 Type 47 (On-Sale General)
Kyoto Palace 2500 Type 47 (On-Sale General)
Little Wfne Counter 560 Type 42 (On-Sale Beer & Wihej
Orchard City Kitchen 190 Type 47 (On-Sale General)
Outback 1887 5. Bascom Type 47 (On-Sale General)
Pacific Catch, Inc. 550 Type 47 (On-Sale General)
Patxi's Pizza 405 Type.47 (On-Sale General)
Rock Bottom Brewery 700 Type 47 (On-Sale General)
Camera Cinemas/
Pizza My Heart
100
Type 41 (On-Sale Beer & Wine)
Double Tree by Hilton/
PY Kitchen and Bar
1995 5. Bascom
Type 47 (On-Sale General)
Trader Joe's 420 Type 21 (Off-Sale General)
Current Total /Remaining ("On-Sale") 12 13
Current Total /Remaining ("Of-Sale") 1 4
D. LAND USES ALLOWED
Allowable permitted and conditional land uses within The
Pruneyard are specified by this section, subject to the limitations
specified above by Section B (Land Use Maximums) and Section C
(Alcohol License Maximums). Table IV-5 specifies which land uses
are allowable by parcel (as denoted by the map to the right), and
whether on the ground floor, on an upper floor, or on all floors, as
applicable. Land uses that are listed as "permitted" (P) are
approved by issuance of a Zoning Clearance as noted in Section E
(Permitted Use Approval). Land uses listed as "conditional" (C)
may be administratively authorized in compliance Section F
(Conditional Use Authorization). The meaning of land uses shall ;
be in compliance with Part VII (Definitions).
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Master Use Permit 14 The Pruneyard
LAND USE CONTROLS
TABLE IV-5 -LAND USES ALLOWED
LAND USES I RETAIL PARCEL OFFICE PARCEL I HOTEL PARCEL
General Retail Activities
Bookstores
Consignment Boutique
Department Stores
Food Retail
Furniture Stores
Grocery Stores
Hardware Stores (under 5,000 sq. ft.) P P
Medical Retail (All Floors) (Ground Floor)
Music (recordings) Stores
Outdoor Retail Sales and Activities
Outdoor Retail Sales, ancillary
Pharmacies/Drug Stores
Photography Studio/Supply Shops
Retail Stores
Video Rental Stores
Retail Alcohol Sales, Primary Use C
Liquor Store, beer and wine (Ground Floor)
Liquor Store, distilled spirits
Retail Alcohol Sales, Ancillary Use C
Grocery Stores, beer and wine (Ground Floor}
Grocery Stores, distilled spirits
General Services
Banks and Financial Services
Personal Services P P
Photocopying Shop (All Floors) (Ground Floor)
Travel Agency
Dry Cleaning (Drop-off/Pick-up)
Special Services C
Massage Establishments (Ground Floor)
Spa Services/Health Spas C C C
Tanning Studios ~ (All Floors) (All Floors) (All Floors)
Professional Office and Employment
Government offices and facilities (local, state or federal) P P
Professional Office
-------------------"------------------------------'----------------- ~ (Upper Floors)
~--------
------ (All Floors)
Professional Office (less than 2,000 sq. ft.) P
(Ground Floor)
Hospitality
C
Hotel with Banquet Facilities (All Floors)
Restaurant and Food Service
Catering businesses (ancillary to a restaurant) P P P
Outdoor seating (associated with a restaurant) (All Floors) (Ground and (Ground Floor)
Top Floor*)
Restaurants
Alcohol Service (Liquor Establishment), Primary Use C C C
Distilled spirits, within astand-alone Bar/Tavern or Nightclub (Ground Floor) (Ground and (Ground Floor)
Master Use Permit 15 The Pruneyard
LAND USE CONTROLS
TABLE IV-S -LAND USES ALLOWED
LAND USES ~ I RETAIL PARCEL I OFFICE PARCEL I HOTEL PARCEL
Beer and wine,within a stand-alone Bar/Tavern or Nightclub Top Floor*} .
Alcohol Service (Liquor Establishment), Ancillary Use ~ ~ C
Beer and wine, within a restaurant, hotel, theater, etc. (Ground and C
Distilled spirits, within a restaurant, hotel, theater, etc. qll F oors
( } Top Floor*) (Ground Floor)
, P ,
Health and Fitness Center 81d. R3 On/y ,
i. (All Floors)
Movie and/or Performing Arts Theater P
(All Floors)
Instructional Services '
Commercia.I.Schools (less than 10,000 sq. ft.) C C. '
Studios (small and large} (All Floors) (All floors) ' i
~ '7utoring Center (small and large)
Medical Service, Clinics
P
(Upper Floor)
Entertainment
' Arcades ,
j Live Entertainment, ancillary (primary see Nightclub) C
Dancing; ancillary (primary seeNightclub) (Ground Floor)
Nightclubs (live entertainment and dancingas primary use)
Indoor Amusement/ Entertainment/Recreation Centers
Equipment Uses
Automated Teller Machines (ATM)
Vending Machine P P P
Alternative Fuel /Recharging Stations (All Floors) (All Floors) (All Floors)
Television/Communication Satellites (less than 3-ft diameter
Pet Services
~ PeY Stores p
Cat and'Dog Grooming (All Floors)
Pet Supply (including on-site. preparation of food goods)
Late Night Hours (Activities), in association with any use C C C
(All Floors) (All Floors) (All Floors)
May be allowed in compliance with Campbell
Wireless Communication.Facilities Municipal Code Chapter 21.34 (Wireless
Communications Facilities)
*'TOp Floor' includes the upper floor of each building, and the upper two (Z) floors of Tower I.
E. PERMITTED USE APPROVAL
The Community Development Director shall approve permitted land uses specified
above by Section D (Land Uses Allowed) and consistent with the land use maximums
specified by Section B (Land Use Maximums), by issuance of a Zoning Clearance. Existing
and new Permitted Uses are subject to the applicable standards in Section I (General
Performance Standards). '
Master Use Permit 16 The Pruneyard
LAND USE CONTROLS
F. CONDITIONAL USE AUTHORIZATION
TheCommunity Development Director may authorize conditional land uses specified ~by
Section D (Land Uses Allowed), in compliance with this section, and with the land use
maximums specified by Section B (Land Use Maximums). Authorized Conditional Uses
are subject to the applicable .standards provided in Section H (Conditional Use
Standards) and Section I (General Performance Standards).
1. Administrative Authorization
The Community Development Director may authorize a request for a new or
expanded conditional use, except as specified by Section H (Conditional Use
Standards), provided the Community Development Director can make the
findings specified in subsection '2', below. The Community Development
Director's decision shall be made in compliance with the procedures prescribed
by Campbell Municipal Code Chapter 21.71 (Administrative Decision Process),
subject to the same fee as for an Administrative Planned Development Permit
(Change of Use), as specified in the Schedule of Fees and Charges. A conditional
use shall be authorized prior to issuance of a building permit or a business
license. The Community Development Director's authorization of a conditional
use shall be termed a "Conditional Use Authorization."
All authorized conditional uses shall be listed below within Section G
(Authorized Conditional Uses). Upon approval, the Conditional Use
Authorization shall be recorded on the in the Document History (Page iv).
2. Findings to Authorize a Conditional Use
The Community Development Director shall issue a Conditional Use
Authorization only when the following findings are satisfied:
1. The authorized conditional use will maintain an appropriate mix of
uses within The Pruneyard;
2. The authorized conditional use is consistent with the Vision and Goals
of the Master Use Permit;
3. The authorized conditional use will incorporate applicable use
standards consistent with the standards in this Master Use Permit as
necessary to not determinately impact other uses; and
4. The authorized conditional use is consistent with the applicable
General Plan Land Use Policies.
G. AUTHORIZED CONDITIONAL USES
The following conditional uses are authorized by the Master Use Permit, for a specific
tenant space as depicted in APPENDIX E (Tenant Map), and as subject to the specified
standards provided in Section H (Conditional Use Standards). No conditional use shall
expand beyond its existing tenant space or introduce additional conditional use activity
without further authorization in compliance with Section F (Conditional Use
Authorization). Table IV-6 shall be updated by the Community Development Director
when a new conditional use is authorized to ensure the Master Use Permit remains
current.
Master Use Permit 17 The Pruneyard
LANG USECONTROLS
TABLE IV-6-AUTHORIZED CONDITIONAL USES
BUSINESS SUITE $~~ AUTHORIZED CONDITIONAL OPERATIONAL HOURS
LAND USE ADDRESS CONDITIONAL USE(S) USE (LATE NIGHT OR STANDARD)
STANDARDS
Restaurants ~ '
Buca di
• Ancillary Alcohol Service,
Be o
pp 155 distilled spirits 1, 2 6:00 AM to 12:00 AM, daily
Late Night Hours
Cafe 300 350
~ Ancillary Alcohol Service,
2
Standard Hours Only
Artemis distilled spirits
EI Burro 570 Ancillary Alcohol Service, 2 Standard Hours Only
distilled spirits
Kyoto 2500 • Ancillary Alcohol Service, 2
Palace
distilled spirits Standard Hours Only
Orchard • Ancillary Alcohol Service,
City 190 distilled spirits 1, 2 6:00 AM to 12:00 AM, daily
Kitchen ' • Late Night Hours
Outback 1887 S. Ancillary Alcohol Service,
Steakhouse
Bascom
distilled spirits 2 Standard Hours Only
Pacific Ancillary Alcohol Service,
Catch 550 distilled spirits 1, 2 6:00 AM to 2:00 AM, daily
• Late Night-Hours
Patxi's
• Ancillary Alcohol Service,
Pizza 405 distilled spirits 1, 2 6:00 AM to 12:00 AM, daily
• Late Night Hours
• Ancillary Alcohol Service, .
Rock distilled spirits
Bottom
700
Ancillary Live Entertainment 1, 2, 6 6:00 AM to 2:00 AM, daily
• Late Night Hours
• Ancillary Alcohol Service,
PY Kitchen 1995 S. distilled spirits
and Bar
Bascom
• Ancillary Live Entertainment 1, 2, 6 6:00 AM to 12:00 AM, daily
• Late Night Hours
Pizza My
Heart 100A • Ancillary Alcohol Service,
beer and wine 1 2 6:00 AM to 2:00 AM, daily
i ~tana-alone uar/tavern
• Stand-alone Bar/Tavern,
Little Wine beerandwine
Counter 560 • Live Entertainment, 1, 3, and 6 6:00 AM to 1:00 AM, daily
ancillary
• Late Night Hours
Massage Establishment i
i
Massage 650 • Massage Establishment 7 7:00 AM to 10:00 PM, daily
Envy (Restricted Hoursl
~ Hotel
• Hotel banquet facility
Double 1995 S. • Late Night Hours
Tree Hotel
Bascom
Live Entertainment and 1, 5, 6 6:00 AM to 12:00 AM, daily
dancing; ancillary
Master Use Permit 18 The Pruneyard
LAND USE CONTROLS
TABLE IV-6-AUTHORIZED CONDITIONAL USES
BUSINESS SUITE ~$ ~ AUTHORIZED CONDITIONAL OPERATIONAL HOURS
LAND USE ADDRESS CONDITIONAL USE(S) USE (LATE NIGHT OR STANDARD)
STANDARDS
Movie and/or Performing Arts Theater
• Live Entertainment,
ancillary
Camera 7 100 • Ancillary Alcohol Service,, 1, 6, 9 6:00 AM to 2:00 AM, daily
distilled spirits
• Late-night Activities
Grocery Store
Trader 420 • Ancillary retail alcohol sales, 4 Standard Hours Only
Joe's distilled spirits
Health and Fitness Center
TBD
(Bld. R3) • Late Night Hours
1, 9
24 hours/daily
e Spa Services
H. CONDITIONAL USE STANDARDS
The following standards apply to each authorized conditional use, as applicable. When
considering a request to authorize a new conditional use pursuant to Section F
(Conditional Use Authorization) for which standards have yet to be established, the
Community Development Director shall refer the authorization request to the
Planning Commission as permitted by Campbell Municipal Code Section 21.38.020, for
decision and creation of new Conditional Use Standards (to then be incorporated into
this section) in compliance with the procedures prescribed by Campbell Municipal
Code Chapter 21.64 (Public Hearings).
1. Late Night Hours
Land uses with Conditional Use Authorization for Late Night Hours shall comply
with the following standard:
a) Approved Late Night Hours
The approved Late Night Hours as identified above by Section G
(Authorized Conditional Uses) are inclusive of all activity associated with
the use including, but not limited to, the provision of goods and services to
the public and all ancillary activities such as property maintenance,
janitorial services, street and parking lot sweeping, deliveries, and similar
activities.
2. Alcohol Service Ancillary to a Restaurant
Restaurants with Conditional Use Approval for alcohol service shall comply with
the following standards:
a) Alcohol License Types
The business owner shall at all times maintain in good standing an
appropriate license from the State Department of Alcoholic Beverage
Control for the sale of alcoholic beverages in association with the
restaurant. Only a license for a bona fide public eating place, as defined by
Section 23038 of the California Business and Professions Code, shall be
permitted, as specified below:
• Type 41 (On-Sale Beer and Wine for Bona Fide Public Eating Place)
• Type 47 (On-Sale General for Bona Fide Public Eating Place) OR
o Type 75 (On-Sale General Brew-Pub)
Master Use Permit 19 The Pruneyard
LAND USE CONTROLS
b) Patron Service
Patrons shall only be served when seated, either at the bar, patio, or
within the dining room.
c) Food Service Required
The kitchen shall not close during the restaurant's public operating hours
and shall be able to provide normal meal service at all times, including at
the bar.
d) Floor Plan Configuration
All tables and chairs shall be placed in such a manner to allow sufficient
area for dining and shall not be stacked or removed from the restaurant
during the operating hours. At no time shall the seating be reconfigured to
create large open spaces for patrons to congregate, as to ensure that the
use is operated as envisioned.
e) Designated Driver /Taxicab Service Posting
Contact information for local taxicab services and designated driver
services shall be posted in a conspicuous place.
f) City Meetings
At the discretion of the Chief of Police, periodic meetings will be conducted
with representatives from the Police Department/Alcohol Beverage
Control for on-going employee training on alcoholic beverage service to
the general public.
g) Live Entertainment and Dancing
Unless specifically allowed by Section H (Authorized Conditional Uses), live
entertainment and dancing shall not be allowed.
3. Stand Alone Bar/Tavern, beer and wine
Stand-alone bars/taverns with Conditional Use Approval for the sale of beer
and wine shall comply with the following standards:
a) Alcohol License Types
The business owner shall at all times maintain in good standing an
appropriate license from the State Department of Alcoholic Beverage
Control for the sale of alcoholic beverages (beer and wine) in association
with the bar/tavern. A license for a bona fide public eating place or public
premise, as defined by Sections 23038, and 23039 of the California
Business and Professions Code, respectively, may be permitted, as
specified below:
• Type 41 (On-Sale Beer and Wine for Bona Fide Public Eating Place)
• Type 42 (On-Sale Beer and Wine for Public Premise)
• Type 61 (On-Sale Beer for Public Premises)
b) Age Restriction
No person under the age of 21 years shall be allowed to enter the premise,
unless allowed as part of the live entertainment (musician) exemption
pursuant to California Business and Professions Code Section 25663.5. A
sign indicating this age restriction shall be posted at the entry door.
c) Designated Driver /Taxicab Service Posting
Contact information for local taxicab services and designated driver
services shall be posted in a conspicuous place.
d) Live Entertainment
Unless specifically allowed above by Section G (Authorized Conditional
Uses), live entertainment and dancing shall not be allowed.
Master Use Permit 20 The Pruneyard
LAND USE CONTROLS
e) City Meetings
At the discretion of the Chief of Police, periodic meetings will be conducted
with representatives from the Police Department/Alcohol Beverage
Control for on-going employee training on alcoholic beverage service to
the general public.
4. Retail Alcohol Sales (Distilled Spirits), Ancillary to a Grocery Store
Grocery stores with ancillary alcohol .sales (distilled spirits), shall comply with
the following standards:
a) Ancillary Activity
The retail sale of alcoholic products shall remain ancillary to the primary
purpose of the grocery store which is the sale of food items and household
supplies, as defined by the Campbell Municipal Code.
b) Alcohol License Types
The business owner shall at all times maintain in good standing an
appropriate "off-sale" license from the State Department of Alcoholic
Beverage Control for the sale of alcoholic beverages, as specified below:
• Type 20 (Off-Sale Beer and Wine)
• Type 21 (Off-Sale General)
c) Incidental Tasting of Alcoholic Beverages
On-site consumption of tasting (sample) servings of alcoholic beverages
provided by outside vendors, at no cost to the consumer, shall be
permitted subject to a Type 86 (Instructional Tasting) license from State
Department of Alcoholic Beverage Control. Any other "on-sale" license
shall not be permitted.
d) Securing of Alcoholic Products
Upon recommendation of the Chief of the Police, the Community
Development Director may require specific signage or locked cabinet
shelving, or similar measures, to prevent the unauthorized sale or theft of
alcoholic products.
5. Hotel with Banquet Facilities, including ancillary alcohol sales
The hotel with banquet facilities shall comply with the following standards:
a) Lodging Duration
Hotel rooms shall not be rented for a continuous stay of more than thirty
(30) days.
b) Banquet Hours
Banquet facilities (indoor and outdoor) may be used/rented from 6:00 AM
to 11:00 PM, daily.
c) Alcohol Service
Alcohol service provided in hotel rooms (i.e., "mini-bars" and room service
delivery) and banquet facilities (indoor and outdoor) when serving guests
at hotel-related or organized functions, such as social hours, meetings,
receptions and cocktail parties, shall require the business owner to at all
times maintain in good standing an appropriate license from the State
Department of Alcoholic Beverage Control for the sale of alcoholic
beverages, as specified below:
• Type 47 (On-Sale General for Bona Fide Public Eating Place)
• Type 70 (On-Sale General Restrictive Service)
• Type 68 (Portable Bar)
Master Use Permit 21 The Pruneyard
U\ND USE CONTROLS
d) Restaurant and Bar
A restaurant and bar, with general alcohol service, late-night activity, and
ancillary live entertainment, open ~to the general public, is permitted in
association with the hotel use, as specified above in Section G (Authorized
Conditional Uses).
6. Ancillary Live Entertainment
Any use with Conditional UseApproval for live entertainment shall comply with
the following standards:
a) Live Entertainment Permit
Each business owner shall secure approval of a Live Entertainment Permit
in compliance with Campbell Municipal Code Chapter 5.24 (Live
Entertainment). Existing Live Entertainment Permits in effect at time of
adoption of the Master Use Permit shall remain valid; however, such
permits are non-transferable, and any change in business ownership shall
require an application for a new Live Entertainment Permit.
b) Live Entertainment Performances
Live entertainment is limited to live musicians complimentary to the
primary purpose of the use, as specified by a Live Entertainment Permit.
c) Dancing Area Prohibited
At no time shall the business owner reconfigure the seating area to create
a dancing area, unless dancing is specifically allowed by Section G
(Authorized Conditional Uses).
d) Cover Charge .
At no time shall a cover charge be required or a donation necessary in
order to patronize the establishment.
e) Doors and Windows
Doors and windows shall remain closed during live entertainment
performances, unless otherwise approved by the Live Entertainment
Permit.
f) Noise
Regardless of decibel level, live entertainment performances shall not
create unreasonable noise which obstructs the free use of neighboring
businesses or residences.
g) Security
At the sole discretion, and to the satisfaction of the Chief of Police, the
business owner may be required to provide private security during live
entertainment performance.
7. Massage Establishments
Massage establishments shall comply with the following standards, in
compliance with Campbell Municipal Code Section 21.36.270 (Massage
Establishments):
a) Proximity
A massage establishment use shall not be located within three hundred
feet of another existing massage establishment use, as measured from the
edge of the property line of each property.
b) Establishment Permit
It shall be unlawful for any operator to own, manage, or operate a
massage establishment in or upon any premises within the city without
having a current massage establishment permit issued by the Chief of
Master Use Permit 22 The Pruneyard
LAND USE CONTROfS
Police pursuant to the provisions of Campbell Municipal Code Chapter 5.48
(Massage Establishments and Therapist).
c) Special Operating Hours
No massage establishment shall be kept open for business and no massage
therapist shall administer massages before the hour of 7:00 a. m. or after
the hour of 10:00 p.m.
d) Window Coverage
No massage business located in a building or structure with exterior
windows fronting a public street, highway, walkway, or parking area shall,
during business hours, block visibility into the interior reception or waiting
area through the use of curtains, closed blinds, tints, or any other material
that obstructs, blurs, or unreasonably darkens the view into the premises.
For the purpose of this standard, there is an irrebuttable presumption that
the visibility is impermissibly blocked if more than 10 percent of The
interior reception or waiting area is not visible from the exterior window.
8. Spa Services /Health Spa
Spa Services/ Day Spa uses shall comply with the following standards:,
a) Massage Therapist
Massage services shall only be provided by a Certified Massage Therapist
as certified by the California Massage Therapy Council.
b) Other Personal Services
In addition to massage services, at least two other personal services shall
be provided, including but not limited to, hair, nail, and/or skin care,
waxing, facials, sauna, whirlpools, and swimming pools.
9. Alcohol Service Ancillary to a Movie and/or Performing Arts
Theater
Movie and/or Performing Arts Theater with Conditional Use Approval for
alcohol service shall comply with the following standards:
a) Alcohol License Types
The business owner shall at all times maintain in good standing an
appropriate license from the State Department of Alcoholic Beverage
Control for the sale of alcoholic beverages in association with the
restaurant. Only a license for a bona fide public eating place, as defined by
Section 23038 of the California Business and Professions Code, shall be
permitted, as specified below:
• Type 41 (On-Sale Beer and Wine for Bona Fide Public Eating Place)
• Type 47 (On-Sale General for Bona Fide Public Eating Place)
6) Food Service
At all times when the premises is exercising the privileges of their license,
the sale of food, in compliance with Section 23038 of the Business and
Professions Code, shall be offered and available for purchase.
c) Alcohol5ervice
All sales and service of alcoholic beverages for consumption in the general
spectator seating areas shall be made only from concession stands,
portable stands or bars, or fixed bars, and shall not be sold, served, or
delivered to customers by individual ambulatory vendors, commonly
known as "hawkers".
Master Use Permit 23 The Pruneyard
LANn USE CONTROLS
d) Alcohol Sales in Auditoriums
Notwithstanding the above, point(s) of sale of alcoholic beverages shall not
be maintained within the theater auditoriums, except that alcoholic
beverages may be sold or served by waiters or waitresses in the general
spectator seating areas under the following conditions:
Only persons occupying seats in the designated theaters shall be
permitted to order and be served alcoholic beverages.
Orders from patrons seated in these theaters must be made to
the waiter or waitress serving that area, and the alcoholic
beverages must be personally delivered to the patron by the
waiter or waitress who took the order.
The waiter or waitress serving in the theaters shall not carry a
supply of unordered alcoholic beverages.
e) Limit on Alcohol Service
No more than two (2) alcoholic beverages shall be sold or served to any
one (1) person during any transaction.
f) Size and Appearance of Alcohol Containers
Alcoholic beverages shall be served in containers which significantly differ
in appearance from those containers utilized for non-alcoholic beverages.
Containers for beer shall not exceed 16 ounces. This condition does not
preclude the service of alcoholic beverages in their original containers.
g) Monitoring
At all times when the premises is exercising the privileges of their license,
an employee of the premises shall enter and monitor the activity within
the theaters on a regular basis, but no less than once every 30 minutes.
GENERAL PERFORMANCE STANDARDS
The following performance standards apply to all new and existing land uses:
1. Standard Operating Hours
Notwithstanding any provision to the contrary, and except where Conditional
Use Authorization has been granted for Late Night Hours, the Standard
Operating Hours for all land uses is defined as 6:00 AM to 11:00 PM. No activity
shall occur prior to or after this time period, inclusive of all activity associated
with the use including, but not limited to, the provision of goods and services
to the public and all ancillary activities such as property maintenance, janitorial
services, street and parking lot sweeping, deliveries, and similar activities.
Smoking
"No Smoking" signs shall be posted outside of the entrance of each business
where smoking is prohibited in compliance with Campbell Municipal Code
Section 6.11.060 (Smoking Pollution Control). It shall be the responsibility of
each business owner to monitor and enforce the no-smoking provisions.
3. Maximum Occupancy
The occupant load of all tenant spaces shall be in compliance with the
California Building Code. Maximum occupancy signs shall be posted in a
conspicuous place.
Master Use Permit 24 The Pruneyard
LAND USE CONTROLS
4. Noise
- No land use, regardless of decibel level, shall create unreasonable noise which
obstructs the free use of neighboring businesses or residences.
5. Trash and Cleanup
All trash removal, normal clean up, janitorial activity, etc. shall be done during
Standard Operating Hours or approved Late Night Hours.
6. Seating Standards
Only approved restaurants and food retail uses shall be allowed to maintain
dedicated patron seating areas (indoor or outdoor), subject to the following
standards:
a) Restaurants
The maximum interior seating capacities of restaurants shall be as
specified by the California Building Code. Outdoor seating areas shall
constitute no more than 30% of the restaurant's total seating area (indoor
and outdoor seating combined).
b) Food Retail
Food retail uses shall be permitted a maximum of twenty (20) seats (indoor
and/or outdoor). ,
!. USES NOT SPECIFIED
If a land use is not specifically listed in Section D (Land Uses Allowed), it shall not be
allowed, except by an Amendment to the Master Use Permit in compliance with Part II,
Section G (Amendments). However, the Community Development Director may
determine that a new land use, which is not defined or otherwise specified by the
Campbell Municipal Code, is consistent with the Master Use Permit as either a
permitted or conditional land use, in compliance with the provisions provided in
Campbell Municipal Code Section 21.02.020 (Allowable Uses of Land).
K. NON-CONFORMING LAND USES
Land uses in existence at the time of adoption of the Master Use Permit that are not
listed as allowable by Section D (Land Uses Allowed) shall be considered legal non-
conforming land uses subject to the limitations provided in Campbell Municipal Code
Chapter 21.58 (Nonconforming Uses and Structures).
Master Use Permit 25 The Pruneyard
V. DESIGN GUIDELINES
A. ARCHITECTURAL CHARACTER
The design of the proposed retail buildings is a product of a careful study of the existing
architecture overlaid with design principles consistent with contemporary retail. The
result is a mix of buildings that are materially consistent with the original center, using a
similar palette of plaster walls and the roofs, while also offering tenants with large glass
storefronts and modest roof overhangs in order to provide greater visibility and
ultimately a stronger retail presence.
Buildings have been sited to frame and support the newly created Pruneyard and West
Plazas; this positioning allows tenants with ample opportunities to "spill out" on to
trellised diningpatios. Future renovations to the retail center should respect the original
vision to create an environment that entices people to want to spend their day strolling
The Pruneyard, shopping and dining. Those renovations should use high quality
materials, such as smooth cement plaster, board formed concrete, terra cotta the and
wood, steel and stone accents to promote the distinctive architectural style. Lush
landscaping and amenity areas made of warm materials should be used to help frame
and enhance the shopping and dining experience. Any future additions or alterations to
existing buildings within The Pruneyard shall be consistent with the established
architectural character.
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Master Use Permit 26
R ~ RFS
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' 't' ;.. aynMe4.
0. RG REFAIL BUIIOPJG INP¢UACYRiU PLAZA
a ~ ~~ ,
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The Pruneyard
DESIGN GUIDELINES
6. OUTDOOR DINING GUIDELINES
Restaurants with outdoor dining shall provide furniture, barriers, umbrellas, and heaters
consistent with the following guidelines and illustrative depictions. Details for the outdoor
dining elements shall.be included with the "tenant improvement" construction drawings
for each new restaurant or whenever an existing restaurant proprietor wishes to modify
the outdoor dining materials. The Community Development Director shall determine
conformance of the outdoor dining materials by approval of a Zoning Clearance.
1. Outdoor Dining Furniture
Outdoor dining-furniture shall be of durable and weather-resistant material,
specifically metal and/or wood. A composite material, such as polypropylene,
may be used if the majority of the furniture piece consists of metal or wood. All
furniture shall be standard height tables and chairs, not "high-top" bar or
sectional "lounge" furniture, unless otherwise approved by a Conditional Use
Authorization. Examples are shown below:
2. Outdoor Dining Umbrellas
-.- " ~--
' ~~
f ~ '
Umbrellas may use a solid or striped design, and be of any color, but shall not
incorporate graphics, text, or any sort of brand identification. All umbrellas for
a restaurant shall be the same design and size. Examples are shown below:
Master Use Permit 27 The Pruneyard
DESIGN GUIDELINES
Outdoor Dining Heaters
Outdoor heaters may be wall mounted, overhead, free-standing, or open pits.
However, all heaters shall be either electrical or natural-gas with a fixed point
of connection. Propane fueled models are prohibited due to the requirement
for fuel tank storage. Examples are shown below:
'~i-~`~
.rte ,t i . i
y
Outdoor Dining Barriers
l ..'~-`kf..
4
Where required, barriers around outdoor dining areas shall be designed as to
maintain as transparent a border as possible. This may include use of
transparent material such as meshing, wood slats, open railing, or adequately
spaced planters. Solid barriers of any kind, as well as stanchions, are
prohibited. Examples are shown below:
Master Use Permit 28 The Pru neyard
DESIGN GUIDELINES
C. STOREFRONT DISPLAYS
Display windows- for all ground-level business shall be maintained in a transparent
manner to the greatest extent possible. Obscure glazing, such as tinting and mirroring,
as well as interior walls against storefronts, are to be avoided whenever possible.
However, decorative glass etching, merchandise display windows, and restauranT
window seating are encouraged. Examples are shown below.
D. OUTDOOR MERCHANDISE DISPLAY
Outdoor merchandise displays shall be placed against the building face abutting the
tenant space. Merchandise shall be attractively displayed on appropriate racks or other
similar stands, or placed freestanding. Except for grocery stores, displays using card
tables, cardboard cartons, plastic milk cases, or plywood boxes are not permitted.
Merchandise shall be the same type of merchandise sold in the existing business at the
site. Displays, including the merchandise placed on them, shall not obscure the
storefront, or conflict with required paths-of-travel. Examples are shown below.
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Master Use Permit 29 The Pruneyard
DESIGN GUIDELINES
E. GENERAL SITE MATERIALS AND ELEMENTS
This section provides design guidance in terms of visual depictions of appropriate
general site materials and elements. If there is a conflict between this section and the
Approved Development Plans, this section supersedes any illustrations provided in the
Approved Development Plans. Furnishings should be consistent with the overall quality
and material palette of The Pruneyard. Given the proximity to the new retail buildings it
is important that the furnishings do not detract from the overall look, feel and ambiance
of The Pruneyard. Specifically, furnishings should be of a high quality construction and
made of natural materials such as wood, metal and stone or concrete, and compliment
the features they abut. Furnishings made of ahigh-quality recycled plastic are also
acceptable given their durability and sustainable construction.
The consistency of any site material or element with these Guidelines shall be determined
by the Community Development Director by approval of a Zoning Clearance.
1.
2.
General Site Furniture
General site furniture shall be of high quality construction and made of natural
materials. Metal and wood benches, concrete planters, recycled plastic
Adirondack chairs, and contemporary bicycle racks are examples of appropriate
furniture. Examples are shown below:
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Barriers and Bollards
Master Use Permit 30 The Pruneyard
Barriers and bollards shall be of decorative design, of metal or wood, intended
to minimize their visual presence. Use of utilitarian styles, particularly those in
bright colors, are strongly discouraged. Examples are shown below:
DESIGN GUIDELINES
3. Ground Treatment
All new ground treatment materials shall be an upgraded quality, including
pavers, stamped concrete or asphalt, and wood decking. Where allowed by
code, detectable the shall be in natural color complementary to the .
surrounding pavement surface, and shall be integrally.installed. Examples are
shown below:
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I TELL8Yf 8ETCA8LE
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COLORED CONCRETE
4. Play/Sculptural Elements
Artistic, decorative, sculptural and play elements should provide opportunities
for aesthetic appreciatiori, fun, and add an element of whimsy. Examples are
shown below:
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Master Use Permit 31 The Pruneyard
DESIGN GUIDELINES
5. Light Fixtures
New light fixtures shall be allowed as illustrated by the examples depicted
below. Models selected shall be comparable in design, color, and installation.
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YLBL40NNM[MI '' ~BFCA YIALLWMINARYI BF44 WAlL WINX4BYlI BE44 W-1l WFllNAl1Y'
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Existing lighting fixtures, as depicted below, may be retained since the style
reflects the desired Town and Country architecture. Replacement of these
fixtures with fixtures comparable to the models identified above may be
approved asa Minor Change.
F
Utility equipment, such as transformers, shall be installed underground to the extent
practical. Where existing and/or new above-ground equipment is installed, it shall be
adequately screened from public view by landscaping, fencing, or other method(s)
approved by the Community Development Director.
G. SIGNAGE
All new signage within The Pruneyard shall comply with the "final" Master Sign Plan,
(APPENDIX B), and any applicable limitation imposed by the Campbell Municipal Code.
This Master Sign Plan is intended to create a system ~of cohesive signage throughout The
Pruneyard while simplifying and streamlining the approval process as new and/or
modified tenant signage is required. Compliance for retail signage standards shall be
upon change of tenancy or voluntary "rebranding" necessitating installation of a new
sign(s).
1. Sign Types
The Master Sign Plan includes the following sign types:
o Freeway Identification
.• Site Branding and Major Tenant Identification
.• Site Identification Markers and Entry Wall Signage
Multi-Tenant Site Identification
.• Vehicular Wayfinding and Directional Signage
.• Pedestrian Wayfinding and Directory Signage
.• Other Directional Signage and Markers
e Office Building Address and Tenant Identity Signage
.• Parking Garage Signage
.• RetailBUildingTenantldentitySignage
Regulatory and Traffic Control Signage
Master Use Permit 32 The Pruneyard
UTILITY EQUIPMENT
DESIGN GUIDELINES
2. Review Process
The Center Association or individual tenants with approval of the Center
Association shall submit. signage design packages to the Campbell Building
Division which will be routed to the Planning Division staff for determination of
general conformance with the Master Sign Plan. As part of .the review, the
Community Development Director shall confer with the Traffic Engineer to
confirm the appropriate placement of new monument signage. The Community
Development Director may require changes to the placement as necessary to
ensure sufficient visibility. Once general conformance is determined; the
Community Development Director shall issue a Zoning Clearance.
Tenant Signage Design Guidelines
As a part of the Master Sign Plan, a set of guidelines has been created to allow
tenant signage to be managed by the Center Association and the City of
Campbell in a simplified and streamlined manner. These design guidelines
provide information on approved locations, types, sizes and design criteria for
tenant signage.
H. APPROVED TYPICAL STOREFRONTS
Well-designed storefronts with attractive display windows and building entries at
frequent intervals are inviting to shoppers. They help support retail vitality by
encouraging people to stay in the area and move from store to store. These features are
particularly important at corners because they draw shoppers across streets to continue
shopping. They also provide opportunities to convey the image and character of the
center to motorists. Future renovations to either the original construction or to the
newly added retail will maintain storefronts with generous windows along streets and
pedestrian paths. Multiple storefronts within the same building should be visually
compatible in terms of scale, alignment, color, and materials. Except for recessed
entries, a majority of the storefront should be at the building face to encourage
continuity over the entire elevation.
1. Original Construction
Master Use Permit 33 The Pruneyard
Renovations will maintain storefronts with generous windows. Multiple
storefronts within the same building should be visually compatible in terms of
scale, alignment, color, materials and architectural style. Three examples,
below, are considered to be compatible with the existing buildings.
DESIGN GUIDELINES
New Construction
New Storefronts should be made of high quality materials such as natural or
painted wood, steel, and aluminum and can be conceived with a variety of door
and window configurations. Storefronts in the newly added retail buildings
should take advantage of the added height (as compared to the original
construction) by utilizing clerestory windows above the storefronts.
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Master Use Permit 34 The Pruneyard
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DESIGN GUIDELINES
LANDSCAPING
All landscaping shall be installed consistent with the Approved Development Plans
(APPENDIX A), and maintained in compliance with Campbell Municipal Code Section
21.26.040 (Landscaping Maintenance Requirements), Section 21.16.100.0.2 (Landscape
Maintenance), and the California Model Water Efficient Landscape Ordinance (Title 23
ofthe California Code of Regulations, Chapter 2.7, Division 2). Any significant change to
landscape plantings shall be substantially similar to the approved selections as
determined by the Community Development Director, except where an Architectural
Modification is authorized in compliance with Part III, Section C (Architectural
Modification).
Master Use Permit 35 The Pruneyard
~/I. ®PERATI®NAL ST/aN®AR®S
A. PARI(ING MANAGEMENT
The Pruneyard operates under a shared parking concept, with parking stalls shared
among the different uses of the center. Effective utilization of these stalls to provide
employee parking and conveniently located customer parking is critical to its success. To
limit parking and circulation issues associated with the proposed changes, the following
parking management strategies shall be implemented by the Center Association.
1. Parking Management Report
The Center Association shall prepare an annual parking status report to the City
of Campbell to describe how valet, short-term, and employee parking is being
managed and monitored. This report shall be provided to the Community
Development Director no later than January 31st of each year.
Z. Wayfinding and Garage Spaces Available signage
The Center Association shall install additional wayfinding signs throughout the
site to encourage patrons to park in [he garage. This shall include the
installation of an active parking management system within the existing and
expanded parking garage, including overhead stall occupancy lights and
dynamic signs indicating parking stall availability per floor, upon completion of
Phase 3. A proposed plan shall be provided to the Community Development
Director for review and approval.
3.' Time Limited Parking
The Center Association shall designate certain parking areas as "short-term"
parking to optimize the use of parking spaces closest to heavily-visited tenants,
such as Trader Joe's, whose customers typically park for short periods. The
exact locations and time limits will be determined by agreements reached with
specific tenants, and Center Association staff will refine the configuration of
these spaces over time. The Center Association staff will also ensure that users
of the time-limited parking spaces comply with posted time limits. An initial
plan for designation of short-term parking areas shall be submitted to the
Community Development Director for review and approval. If significant
changes are proposed they will be reviewed with the Community Development
Director prior to implementation.
4. Employee Parking
To maximize the amount of parking available for retail and restaurant
customers, all employees will be required to park in areas with the lowest
demand for customer parking, including the upper levels of the parking garage.
Employees will be provided with these requirements and reminded by posted
signs. The Center Association staff will enforce these requirements. The specific
design and placement of signage, types of communication, and enforcement
techniques shall be provided in a plan provided to the Community
Development Director for review and approval. If significant changes are
proposed they will be reviewed with the Community Development Director
prior to implementation.
Master Use Permit 36 The Pruneyard
OPERATIONAL STANDARDS
5. Accessible Parking
Conveniently placed accessible parking stalls shall be provided over and above
the minimum required by the California Building Code. Specifically, an
additional two (2) stalls shall be provided at the end of Phase 1 A/B (in the
parking areas adjacent to the main plaza) and an additional four (4) stalls at the
end of Phase 3 (in the parking areas adjacent to the new retail pads).
6. Electric Vehicle Charging
The Center Association shall install a minimum of twenty (20) electric vehicle
charging stations throughout The Pruneyard, in location(s) proposed by the
Center Association and approved by the Community Development Director.
Five (5) of the stations shall be installed with the Phase 1 A/B. An additional
five (5) shall be installed with Phase 3 and the final ten (10) with Phase 4.
Bicycle Sharing Program Participation
Should the City of Campbell establish a public bicycle sharing program, or
participate in a regional public. bicycle sharing program, the Center Association
shall cooperate with the City to place a bicycle sharing station within The
Pruneyard for use by the general public. The location(s) will be selected by the
Center Association and approved by The Community Development Director.
Valet Parking Services
The Center Association shall implement a valet parking program during peak
demand times at the completion of Phase 2 and during phases for which the
parking demarid supply analysis, prepared by Fehr & Peers, dated October 30,
2015, reflect a need for valet parking. During these phases, valet parking shall
be provided at the main plaza as a complimentary service between
Thanksgiving and New Year's Day. Though not required under the parking
demand supply analysis, valet parking may be provided during other peak
periods such as midday weekday and other similar peak parking periods.
Parking attendants will shuttle vehicles to the anticipated "stacking location"
area identified in the parking garage from specified valet locations, as identified
below. The Center Association and Community Development Director shall
meet six (6) months after the valet service begins, to refine the system
operation, stacking location, and hours of operation.
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Master Use Permit 37 The Pruneyard
OPERATIONAL STANDARDS
B. TRANSPORTATION DEMAND MANAGEMENT (TDM) PLAN
TheCenterAssociation shall implement a Transit Demand Management (TDM) program
upon issuance of building permits for'Phase 1 A/B' of the project, except where noted.
There are numerous strategies that can be used to encourage employees to use modes
of transportation other than driving alone and thereby reduce the number of vehicle -
trips generated by an office development. Some strategies can be incorporated into a
project's design to support multiple modes of travel such as locating building entrances
near transit stops, providing ample bicycle parking, and providing amenities on-site.
Others are policies and programs that are provided by individual employers and building
managers, such as subsidized transit passes to encourage transit use and carpool
matching services to support carpools.
1. Summary of Measures
The TDM measures and strategies for existing (Tower 1, Tower 2, and
Pruneyard Place) and approved (Building'Ol') office buildings are summarized
in Table VI-1, below. The measures that are incorporated into the building and
site design are presented first, followed by the measures that would be
implemented by the Center Association. A third set of.measures that would be
implemented by future tenants and supported by the Center Association are
added at the end. Many of these measures are described in more detail after
the table.
TABLE VI-I-TRANSIT DEMAND MANAGEMENT (TDM) MEASURES
TDM MEASURE
DESCRIPTION
Building and Site Design Measures
}Hower racllltles antl clothes lockers are rovided for em to ees who
Showers/clothes lockers* vvalk and bike to work p p y
Bicycle parking facilities support bicycling as a mode choice. Secure
Bicycle parking (short+long parking for bicycles will be provided in the parking structure. The
term) and bicycle repair station* secure parking area will include a DIY bicycle repair station. Short-
term bicycle parking racks are also provided.
Designated carpool/vanpool Carpool and vanpool spaces will be designated near building
parking spaces entrances in order to encourage ridesharing
Property Management Provided Measures
A transportation Coordinator will be identified by the Center
Association among the Pruneyard property management team and is
Transportation Coordinator responsible for marketing, implementing, evaluating, and revising
the TDM program. They oversee TDM promotional activities and
provide support for employers at office space within The Pruneyard.
TDM Promotional Activities
A variety of strategies, including
• New employee information packets: Introduces new employees
to the TDM
• program to establish commute options early.
• Flyers, posters, email}: Ways to keep the TDM message in front
of employees on a regular basis.
• Transportation .fairs: Transportation fairs provide alternative
mode information in a fun event.
• Bike-to-work day: A regional event to encourage bicycle
commuting.
• Transit riders guide: A guide with transit routes and schedules to
the site.
Master Use Permit 38 The Pruneyard
OPERATIONAL STANDARDS
TABLE VI-I-TRANSIT DEMAND MANAGEMENT (TDM) MEASURES
TDM MEASURE - DESCRIPTION
Bicycle programs: Encourage employees to bike to work and
may include mapping routes, creating biking groups or buddies,
and providing financial incentives.
Commuter Information Website A website and an on-site kiosk for transit and commute alternatives
and Information Board information.
Employees who use transit, carpools, or vanpools will be reimbursed
Guaranteed ride home for a taxi or carshare ride home in case of emergency or if they need
program* to work late.
Ridesharing (Carpool/vanpool) Rideshare matching programs help carpools and vanpools to form by
Programs matching drivers and passengers.
Employees who bike or walk or use transit, carpools, or vanpools can
utilize a car share vehicle located on site for errands or meetings,
Car share spaces on site* such as ZipCar or similar provider, if providers are interested in
placing vehicles in The Pruneyard.
Tenant Provided Measures
The IRS permits employees to withdraw up to $255 per month in
pre-tax wages to cover transit, vanpool, and train station parking
Pre-tax Commuter Benefits costs. Lower amounts can be deducted for bicycle-related expenses.
The Transportation Coordinator will provide advice and support for
employers seeking to offer pre-tax commuter benefits.
Flexibility in the hours and location of work is common among Silicon
Telecommuting/Flextime/ Valley employers. The Transportation Coordinator will provide advice
Compressed workweek and support for employers seeking to offer telecommuting, flextime
and/or compressed work weeks to their employees.
*Measures to be implemented with Phase 4 completion.
2. Description of Measures
In addition to the Building and Site Design attributes that contribute to and
support walking, bicycling, ridesharing, and transit use and reduce traffic to the
site, the. Center Association will provide the measures that would be most
effective in meeting the TDM goal. The TDM Plan would be overseen by a
Transportation Coordinator. The role and responsibility of the TDM Coordinator
and other components of the plan are described below.
a) Transportation Coordinator
A Transportation Coordinator will be identified by the Center Association
among the property management team to oversee and promote the TDM
Plan. The Transportation Coordinator would develop an on-site
transportation information center and website to provide information
regarding commute alternatives. The Transportation Coordinator may
provide information via new employee orientation packets, flyers, posters,
email, and/or educational programs. The Transportation Coordinator's role
also includes actively marketing alternative mode use, administering a
carpool and vanpool matching program, developing pedestrian and bicycle
programs, and promoting special programs such as Bike-to-Work Day or
Carpool Week. The Transportation Coordinator can notify employees of
Spare the Air days (as declared for the Bay Area region) and associated
transit promotions. Prizes may be offered for non- single-occupant vehicle
(SOV) travel on these days to encourage participation. The Transportation
Coordinator may offer prizes as incentives for ridesharing, using transit,
bicycling, and walking.
Master Use Permit 39 The Pruneyard
OPERATIONAL STANDARDS
b) TDM Promotional Activities
There are many items that can be categorized as general promotional
programs that are used to provide information regarding non-solo driving
modes and to create excitement around using alternative modes. These
programs would be administered by the Transportation Coordinator.
• New employee information packets - Outline alternative
transportation options and an orientation program, which explains the
importance and benefits of using alternative transportation modes,
and any incentives provided by employers, such as commuter checks,
ECO Passes, etc.
• Flyers, Posters, and Emoils -That advertise commute options and
special activities such as Bike-to-Work Day and provide frequent
information about the importance of TDM.
• Transportation Fairs -Usually includes booths/tables sponsored by
transit agencies and bicycle advocacy groups with information on
commute options, and can include demonstrations on bicycle riding
tips and bicycle repairs, and raffles for bus tickets, transit passes,
water bottles, bike helmets, etc.
• Bike-to-Work Day - A regional event to introduce bicycle commuting
can get people to start bicycling more frequently.
Transit Riders Guide - An informational guide on how transit pay
systems operate, bus routes and stop locations, etc. to make riding
transit more familiar.
Bicycle Programs - A variety of measures to encourage employees to
cycle to work. Bicycle programs include maps of bicycle facilities in the
area, which can be annotated to describe the cycling conditions,
bicycling buddies/groups (bike commuters with common bike routes),
and promotional bicycle support items such as water bottles and Lire
patch kits.
c) Commuter Information Website and Information Board
Information on shuttles, Caltrain, ACE, VTA bus and LRT service, carpool
and vanpool organizations, bicycle routes, and other transportation
options will be provided on The Pruneyard website. Information kiosks or
boards will also be located in building lobbies. The Transportation
Coordinator would be in charge of updating information. Individual tenants
may also post commuter information in their employee break rooms or
other common gathering areas.
d) Guaranteed Ride Home Program
A common reason that employees do not use alternative modes (i.e.,
carpool, vanpool, or transit) is the inability to leave work unexpectedly for
a family emergency or the fear of being stranded if they need to work late.
One TDM element that allays these fears is a Guaranteed Ride Home
program. With this program, employees can use a taxi service, rental car,
or other means to get home, and the employer pays for the service.
Employees who wish to use the service would contact the Transportation
Coordinator or other designated person to make the travel arrangements.
e) Ridesharing (Carpool/Vanpool) Programs
Carpools in the Bay Area consist of two or more people riding in one
vehicle for commute purposes. Vanpools provide similar commuting
benefits as carpools, though a vanpool consists of seven to 15 passengers,
Master Use Permit 40 ~ The Pruneyard
OPERATIONAL STANDARDS
including the driver, and the vehicle is either owned by one of the
vanpoolers or leased from a vanpool rental company. The Transportation
Coordinator can provide an Internet link to the511.org Rideshare website
to access ride matching services. The Transportation Coordinator can also
administer an on-site carpool and vanpool matching service for employees,
either using a private database or via peer-to-peer matching programs
such as Scoop, Carma, or TwoGo. A list of available vanpools that provide
service between The Pruneyard and various points in the Bay Area can also
be provided.
f) Car Share Spaces on Site
Car sharing provides an on-demand access to shared vehicles on-site on an
as-needed basis, providing alternative mode commuters a means for day
trips. The property manager will work with car sharing companies that
have a South Bay presence, such as Zipcar, to locate vehicles on site and to
dedicate parking spaces for car share vehicles.
g) Pre-tax Commuter Benefits
The IRS permits employees to withdraw up to $255 per month in pre-tax
wages to cover transit, vanpool, and train station parking costs (amount
determined by the IRS (IRS Tax Code Section 132(f) - Qualified
Transportation Fringe)). Lower amounts can be deducted for bicycle-
related expenses. The Transportation Coordinator will provide advice and
support for employers seeking to offer pre-tax commuter benefits. 511.org
also has an outreach program to help employers get started.
h) Telecommuting and Alternative Work Schedules
Allowing employees to work off-site and providing them with the
necessary infrastructure, i.e., Internet access and internal data access,
reduces the number of vehicle trips entering and exiting the site and on
the roadway system. Flextime options such as compressed workweeks and
alternative work hours can allow employees to make better use of transit
and/or reduce the number of days they travel to the office and/or move
vehicle travel outside of the peak periods. The Transportation Coordinator
will provide advice and support for employers seeking to offer
telecommuting, flextime and/or compressed work weeks to their
employees.
C. TRIP MONITORING
A trip generation study that determines the volume of trips generated by the project
shall be conducted on at least a biennial basis. The trip generation study will be
conducted by a traffic engineering firm employed by the City and funded-contract cost
and an administrative fee as determined by the Schedule of Fees and Charges-by the
Center Association. The data collected from the study will be shared with VTA as part of
the CMP Monitoring and Conformance Program.
The monitoring counts will consist of AM and PM peak period (i.e., 7:00 am to 9:00 am
and 4:00 pm to 6:00 pm) turning movement counts at all of the driveway intersections
serving The Pruneyard. The counts will include counts of all vehicles turning to and from
The Pruneyard as well as through traffic traveling through the intersections. The counts
will be conducted every two years beginning with the completion of Phase 1 A/B until
five years after the issuance of certificate of occupancy for each project phase. The data
will be tabulated to determine the peak one-hour of traffic volume and the volume of
traffic entering and exiting the Pruneyard during this period will be tabulated. The
monitoring report will include a comparison with traffic counts collected during previous
monitoring periods.
Master Use Permit 41 The Pruneyard
OPERATIONAL STANDARDS
The Center Association shall also be required to conduct employee surveys of workers in
the office buildings to assess commute mode share, use oftelecommuting/flextime, and
other relevant measures. The survey will be conducted both before and after the TDM
program is implemented to assess the program's effectiveness. The survey shall be
conducted annually beginning with the completion of Phase 1 A/B.until five years after
the issuance of certificate of occupancy for the each project phase.
D. SECURITY
The Center Association shall develop and implement a security plan for The Pruneyard,
which may include security patrols, video surveillance, and emergency assistance
stations, as necessary to protect customers and employees.
E. SPECIAL EVENTS
Special Events within the Main Plaza and other areas within The Pruneyard may be
allowed by this section.
1. Main Plaza Closures
The Center Association may close off the Main Plaza to vehicular traffic to
accommodate special events, including but not limited to farmer's markets,
food/bridal/craft fairs, live music and dancing festivals, holiday activities,
wine/beer walks, and outdoor sales.
a) Special Event Closures
At least four (4) weeks prior to a special event, the Center Association shall
provide the Community Develdpment Director with a detailed plan
indicating the purpose, extent, duration, frequency, security measures,
and anticipated occupancy of the proposed event. Within two (2) weeks of
submittal, the Community Development Director, upon review by the
Building Official, Fire District Chief, and Police Chief, shall approve the
event by issuance of a Zoning Clearance subject to reasonable restrictions
to protect the public health and safety. The City approval for a specific
special event closure (e.g., farmer's market) shall allow for the
reoccurrence of the same event without additional approval unless
changes to the event plan are proposed. A filing fee, as established by the
Schedule of Fees and Charges, shall be due for all special event requests.
Approved special event closure plans shall be included within APPENDIX F
(Special Event Closure Plans).
b) Weekend Closures
The Center Association may close off the Main Plaza to vehicular traffic for
no more than twelve (12) weekends (Saturday and Sunday) per year,
exclusive of closures related to an approved special event.
c) Circulation
Adequate circulation patterns for proper traffic flow and emergency
vehicle access shall be provided at all times for main plaza closures, as
depicted by the exhibit below. The Community Development Director may
require changes to the circulation plan when necessary to protect the
public health and safety.
Master Use Permit 42 The Pruneyard
OPERATIONAL STANDARDS
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2. Temporary Events and Activities
The Main Plaza is intended to accommodate the majority of special events
within The Pruneyard. Other temporary events and activities not within the
Main Plaza are intended to be minor and incidental, such as a "pop-up" tent
restaurant,~blood drive, and other similar activities for a period not to exceed
one (1) week over a three (3) month "seasonal" period. The Community
Development Director may approve a temporary event or activity by issuance
of a Zoning Clearance if the event or activity is consistent with the allowable
land uses as provided for in Part V (Land Use Controls) and does not occupy
parking areas, unless otherwise approved by the Community Director (upon a
finding that adequate alternative parking arrangements, such as valet, have
been made). A filing fee, as established by the Schedule of Fees and Charges,
shall be due for each temporary use request.
F. PROPERTY MAINTENANCE
In compliance with Campbell Municipal Code Section 21.16.110 (Site Maintenance), The
Pruneyard shall be maintained in good order by the Owner and the Center Association.
This shall include ensuring that the parking lot is kepi in a neat and clean condition, free
of trash, debris or rubbish, and free of potholes, sinkholes, deep puddles, cracks, and/or
significant broken areas; that fences and walls are kept and maintained in good repair
and free of graffiti; that landscaped areas are kept in a neat and clean condition,
substantially free of debris and dead, diseased or dying vegetation; that buildings are
routinely painted and repaired as necessary, and that furniture is maintained in good
order.
G. REFUSE ENCLOSURES
There are four (4) locations of garbage enclosures which serve all uses within The
Pruneyard. These Facilities will be the responsibility of the Center Association and they
will collectively be maintained in a sanitary and clean manner. All businesses will have
equal use to them and they shall be emptied so as not to impede the use by all parties.
If significant changes to the refuse collection approach are proposed, the changes shall
be reviewed with the Community Development Director prior to implementation.
Master Use Permit 43 The Pruneyard
Vlla ®EFI~IITIOIVS
A. PURPOSE AND APPLICABILITY
The meaning of terms used in the Master Use Permit shall be as defined by Campbell
Municipal Code (CMC) Section 21.72.020 (Definitions of specialized terms and phrases),
except for those terms defined by Section B (Definitions of Terms), below. These
definitions are intended facilitate the land use program established for The Pruneyard
by the Master Use Permit.
B. DEFINITIONS OF TERMS
As used in [he Master Use Permit, the following terms shall be defined as follows:
o Consignment Boutique means a retail store primarily engaged in selling used non-
donated, second-hand merchandise, which is placed for sale within the
establishment by the owner of the merchandise and upon sale of the merchandise
the purchase price is divided between the establishment owner and the owner of
the merchandise.
Center Association means the non-profit mutual benefit corporation established by
The Pruneyard's Declaration of Covenants, Restrictions and Parking Easements
("Pruneyard Declaration") that collectively represents the Owner(s) of The
Pruneyard; also known as an owner's association.
Dry Cleaning (Drop-off/Pick-up) means a commercial establishment that accepts
and returns personal clothing for cleaning/laundering service that is conducted off-
site.
Late Night Hours means the hours defined for "late night activities" as defined by
CMC Sec. 21.72.020.
.• Owner(s) means CFEP Pruneyard LLC and any successors and assigns to a fee title
interest in one of the three (3) parcels (office, retail, and hotel) that constitute The
Pruneyard.
.• Restaurant means a commercial establishment whose primary business is the
preparation and sale of food and beverages as meal service, for consumption by
customers on-site within interior dining room(s) or associated patio area.
Restaurants may provide varying degrees of service, including table-, counter-, or
self-service; include disposable or reusable plates and cutlery; and have stationary
or unfixed seating.
.• Retail Food means a'commercial establishment, whose primary business is the sale
of food and beverages to customers as novelties or snacks, for consumption off-site,
which may also include incidental on-site seating. Customarily, these businesses
include ice cream shops, bakeries, and juice bars, which are distinguished by food
and beverages served in disposable containers.
Retail Medical means a retail store specializing in the sale of medical equipment
and devices that also includes related medical services in an ancillary capacity, such
as an eyewear store with an on-site optometrist.
.• Standard Operating Hours means the operational hours other than the hours
defined for "late night activities" as defined in CMC Sec. 21.72.020.
The Pruneyard means the regional commercial center, consisting of retail,
restaurant, service, hotel, and offices uses, generally bound by South Bascom
Avenue to the east, East Campbell Avenue to the south, California State Highway 17
to the west, and the point of terminus of Campisi Way to the north. When used in
the Master Use Permit, this term shall be inclusive of all parcels that constitute the
commercial center.
Master Use Permit 44 The Pruneyard
APPEIV®ICES
LIST OF APPENDICES
A. Approved Development Plans
B. Approved Master Sign Plan
C. Declaration of Covenants, Restrictions and Easements ("Center Declaration")
D. List of Entitlements Previous Entitlements
E. Tenant Map
F. Special Event Closure Plans
Master Use Permit 45 The Pruneyard
A. APPROVED DEVELOPMENT PLANS
B. APPROVED MASTER SIGN PLAN
C. CENTER DECLARATION
D. LIST OF PREVIOUS ENTITLEMENTS
Previous Land Use Permits Incorporated by Reference into the Master Use Permit:
1875 and 1995 S. Bascom Avenue:
"S" 68-65: Site and Architectural Approval fora Master Plan for the 30-acre
Pruneyard Commercial Complex; approved by the, Planning Commission on
November 4, 1968.
"S" 69-43: Site and Architectural Approval for Phase 1 of the Pruneyard Complex;
approved by the Planning Commission on June 2, 1969.
"S" 70-29: Site and Architectural Approval for Phase 2 of the Pruneyard Complex;
approved by the Planning Commission on May 18, 1970.
[PermiT # unknown]: Site and Architectural Approval for Phases 3 and 4 of the
Pruneyard Complex; approved by the Planning Commission on July 20, 1970.
"S" 70-47: Site and Architectural Approval for Phases 5 and 6 of the Pruneyard
Complex; approved by the Planning Commission on September 8, 1970.
"S" 86-03: Site and Architectural Approval fora 79-room inn; approved by the
Planning Commission on March 25, 1986.
"M" 86-11: Modification of Site and Architectural Approval "S" 86-03 fora 94-unit
motel, restaurant, and retail space; approved by the Planning Commission on June
10, 1986. '
"S" 94-08: Site and Architectural Approval for hotel expansion and restaurant uses;
approved by the City Council on February 7, 1995.
"U P" 97-11: Conditional Use Permit for expansion of the Pruneyard Inn; approved
by the Planning Commission on November il, 1997.
1901 5. Bascom Avenue:
"SDP" 1: Special Development Permit for an 18-story office building (Tower I),
approved by the City Council on January 13, 1969;
"SDP" 97-O1 and "S" 97-20: Special Development Permit and Site and Architectural
Approval for a new six-story office tower and four-level parking garage; approved
by the City Council on January 20, 1998.
1999 5. Bascom Avenue:
"SDP" 7: Special Development Permit fora 10-story office building (Tower II);
approved by the City Council on January 10, 1972.
. "SDP" 98-01: Special Development Permit for expansion and modification of a
• previously approved parking garage; approved by the City Council June 16, 1999.
Previous Land Use Permits Superseded by the Master Use Permit:
1995 5. Bascom Avenue:
"UP" 89-01: Conditional Use Permit to allow an on-sale liquor license in association
with The Pruneyard Inn; approved by the Planning Commission on January 24, 1989
1875 5. Bascom Avenue:
"UP" 94-19: Conditional Use Permit for 18 restaurant uses; approved by the City
Council on February 7, 1995;
"UP" 93-02: Conditional Use Permit for allow a specialty market with a general off-
saleliquor license; approved by the Planning Commission on April 13, 1993.
"UP" 93-09: Conditional Use Permit to allow establishment of a restaurant with a
general on-sale liquor license, outdoor seating, and late-night operational hours;
approved by the Planning Commission on August 24, 1993.
"UP" 96-14: Conditional Use Permit to allow establishment of a restaurant with a
general on-sale liquor license, outdoor seating, and late-night operational hours;
approved by the Planning Commission on December 10, 1996.
"UP" 97-01: Conditional Use Permit to allow establishment of a restaurant with a
general on-sale liquor license, outdoor seating, live entertainment, and late-night
operational hours; approved by the Planning Commission on February 25, 1997.
"UP" 99-02: Conditional Use Permit to allow establishment of a restaurant with a
general on-sale liquor license and late-night operational hours; approved by the
Planning Commission on June 8, 1999.
.• PLN2002-26: Conditional Use Permit to reestablishment of a movie theater with on-
sale beer and wine license, late-night operational hours, and outdoor seating;
approved by the Planning Commission on April 23, 2002.
.• PLN2007-04: Conditional Use Permit to allow a massage establishment; approved
by the Planning Commission on March 13, 2007.
.• PLN2011-80: Conditional Use Permit to allow establishment of a restaurant with a
general on-sale liquor license and late-night operational hours; approved by the
Planning Commission on May 24, 2011.
PLN2012-73: Conditional Use Permit to allow establishment of a general on-sale
liquor license for an existing restaurant; approved by the Planning Commission on
April 24, 2012.
.° PLN2013-296: Conditional Use Permit [o allow establishment of a wine bar with
late-night operational hours and live entertainment; approved by the Planning
Commission on November 26, 2013.
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