2019/02/04 Version Date - Master Use Permit PruneyardCover Photo, City of Campbell, 2014
MASTER USE PERMIT | THE PRUNEYARD
Version Date: February 4, 2019
Cover Photo, City of Campbell, 2014
MASTER USE PERMIT | THE PRUNEYARD
Adopted on October 18, 2016
City Council Resolution No. 12068
Master Use Permit The Pruneyard i
TABLE OF CONTENTS
I. Introduction ................................................................................................................................................. 1
History ............................................................................................................................................................. 1 A.
Existing Conditions .......................................................................................................................................... 1 B.
Land Use Policy ................................................................................................................................................ 2 C.
Purpose ........................................................................................................................................................... 2 D.
Vision and Goals .............................................................................................................................................. 3 E.
Master Use Permit Contents ........................................................................................................................... 3 F.
II. Administration.............................................................................................................................................. 4
Approval of Master Use Permit ....................................................................................................................... 4 A.
Establishment of Master Use Permit............................................................................................................... 4 B.
Acceptance of Master Use Permit ................................................................................................................... 4 C.
Approved Phasing............................................................................................................................................ 4 D.
Property Subdivision ....................................................................................................................................... 5 E.
Previous Land Use Permits .............................................................................................................................. 6 F.
Amendments ................................................................................................................................................... 6 G.
Administrative Authority ................................................................................................................................. 7 H.
Zoning Clearances ........................................................................................................................................... 7 I.
Minor Changes ................................................................................................................................................ 7 J.
Appeals ............................................................................................................................................................ 7 K.
Interpretations of Provisions ........................................................................................................................... 7 L.
Relationship to the Zoning Code ..................................................................................................................... 7 M.
Additional Permits ........................................................................................................................................... 7 N.
Owner's Responsibility .................................................................................................................................... 8 O.
Enforcement .................................................................................................................................................... 8 P.
Custodianship .................................................................................................................................................. 9 Q.
Indemnity ........................................................................................................................................................ 9 R.
Severability ...................................................................................................................................................... 9 S.
III. Development Controls ................................................................................................................................ 10
Conformance to Development Plans ............................................................................................................ 10 A.
Approved Building Areas ............................................................................................................................... 10 B.
Architectural Modifications ........................................................................................................................... 11 C.
IV. Land Use Controls ....................................................................................................................................... 12
Establishment of Land Use Program ............................................................................................................. 12 A.
Land Use Maximums ..................................................................................................................................... 12 B.
Alcohol License Maximums ........................................................................................................................... 13 C.
TABLE OF CONTENTS
Master Use Permit The Pruneyard ii
Land Uses Allowed ........................................................................................................................................ 14 D.
Permitted Use Approval ................................................................................................................................ 16 E.
Conditional Use Authorization ...................................................................................................................... 17 F.
Authorized Conditional Uses ......................................................................................................................... 17 G.
Conditional Use Standards ............................................................................................................................ 19 H.
General Performance Standards ................................................................................................................... 25 I.
Uses Not Specified ......................................................................................................................................... 26 J.
Non-Conforming Land Uses........................................................................................................................... 26 K.
V. Design Guidelines ....................................................................................................................................... 27
Architectural Character ................................................................................................................................. 27 A.
Outdoor Dining Guidelines ............................................................................................................................ 28 B.
Storefront Displays ........................................................................................................................................ 30 C.
Outdoor Merchandise Display ....................................................................................................................... 30 D.
General Site Materials and Elements ............................................................................................................ 31 E.
Utility Equipment .......................................................................................................................................... 33 F.
Signage .......................................................................................................................................................... 33 G.
Approved Typical Storefronts ........................................................................................................................ 34 H.
Landscaping ................................................................................................................................................... 36 I.
VI. Operational Standards ................................................................................................................................ 37
Parking Management .................................................................................................................................... 37 A.
Transportation Demand Management (TDM) Plan....................................................................................... 39 B.
Trip Monitoring ............................................................................................................................................. 42 C.
Security .......................................................................................................................................................... 43 D.
Special Events ................................................................................................................................................ 43 E.
Property Maintenance .................................................................................................................................. 44 F.
Refuse Enclosures .......................................................................................................................................... 44 G.
VII. Definitions ............................................................................................................................................. 45
Purpose and Applicability .............................................................................................................................. 45 A.
Definitions of Terms ...................................................................................................................................... 45 B.
Appendices .......................................................................................................................................................... 46
Approved Development Plans ........................................................................................................................... A.
Approved Master Sign Plan ............................................................................................................................... B.
Center Declaration ............................................................................................................................................ C.
List of Previous Entitlements ............................................................................................................................. D.
Tenant Map ....................................................................................................................................................... E.
Special Event Closure Plans ............................................................................................................................... F.
Master Use Permit The Pruneyard iii
ACKNOWLEDGMENTS
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 Civil 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
Source: Images of America – Campbell, Karen Brey
Master Use Permit The Pruneyard iv
DOCUMENT HISTORY
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.
MASTER USE PERMIT VERSION HISTORY
VERSION VERSION DATE DOCUMENT LINK
1. October 18, 2016 (Adoption) https://www.ci.campbell.ca.us/Archive.aspx?ADID=787
2. January 20, 2017 https://www.ci.campbell.ca.us/Archive.aspx?ADID=788
3. April 14, 2017 https://www.ci.campbell.ca.us/Archive.aspx?ADID=837
4. August 2, 2017 https://www.ci.campbell.ca.us/Archive.aspx?ADID=910
5. August 23, 2017 https://www.ci.campbell.ca.us/Archive.aspx?ADID=923
6. November 3, 2017 https://www.ci.campbell.ca.us/Archive.aspx?ADID=967
7. February 2, 2018 https://www.ci.campbell.ca.us/Archive.aspx?ADID=1011
8. June 1, 2018 https://www.ci.campbell.ca.us/Archive.aspx?ADID=1070
9. August 7, 2018 https://www.ci.campbell.ca.us/Archive.aspx?ADID=1105
10. September 24, 2018 https://www.ci.campbell.ca.us/Archive.aspx?ADID=1119
11. February 4, 2019 https://www.ci.campbell.ca.us/Archive.aspx?ADID=1181
12.
13.
14.
15.
Note: This table was created on August 7, 2018 pursuant to the Community Development Director's custodial
authority, as provided for by Part I, Section Q (Custodianship) of the Pruneyard Master Use Permit, in order to
better track the versioning of this document. A version update may contain one or more changes as noted in
the 'Amendments and Administrative Authorizations' and 'Custodial Revisions' tables on the following pages.
DOCUMENT HISTORY
Master Use Permit The Pruneyard v
AMENDMENTS AND ADMINISTRATIVE AUTHORIZATIONS
MUP
VERSION
DECISION
DATE ACTION TYPE DESCRIPTION
DECISION-
MAKING
BODY
FILE
NUMBER RESO NO.
10/18/2016 10/18/2016 MUP Approval Adoption City Council PLN2015-358 12068
4/14/2017 4/13/2017 Architectural
Modification 494 sf addition
Community
Development
Director
PLN2017-75 N/A
8/2/2017 7/25/2017 Conditional Use
Authorization
Beer and Wine
for LuLu's (Ste.
165)
Community
Development
Director
PLN2017-218 N/A
8/23/2017 8/8/2017 Conditional Use
Authorization
Beer and Wine
for Mendocino
Farms (Ste.
440/403)
Community
Development
Director
PLN2017-242 N/A
11/3/2017 10/23/2017 Conditional Use
Authorization
Beer and Wine
for Burger
Lounge (Ste.
515)
Community
Development
Director
PLN2017-289 N/A
2/2/2018 2/2/2018 Zoning
Clearance
Outdoor seating
for Café Artemis
(Ste. 300/350)
Community
Development
Director
PLN2018-17 N/A
6/1/2018 6/1/2018 Zoning
Clearance
Outdoor seating
for Out of the
Barrel (Ste. 560)
Community
Development
Director
PLN2018-171 N/A
8/7/2018
5/23/2018
Conditional Use
Authorization &
Architectural
Modification
Façade and
patio
improvements
to Rock Bottom
and use of
"lounge-style"
furniture (Ste.
700)
Community
Development
Director
PLN2018-71 N/A
5/29/2018 Conditional Use
Authorization
Beer and Wine
for Asian Box
(Ste. 152)
Community
Development
Director
PLN2018-142 N/A
6/20/2018 Architectural
Modification
Addition and
remodel to
Outback building
(1887 S Bascom)
Community
Development
Director
PLN2018-107 N/A
7/10/2018 Architectural
Modification
Redesign of
approved office
building
(Building 'O1')
Planning
Commission PLN2017-276 4446
7/25/2018
Zoning
Clearance -
Special Event
Closure
Outdoor yoga
event
Community
Development
Director
PLN2018-243 N/A
9/24/2018
9/11/2018
Adoption of
Conditional Use
Standards
New Conditional
Use standards
for studios
(small & large)
Planning
Commission PLN2018-270 4458
9/11/2018 Conditional Use
Authorization
Studio (Pilates)
use (Ste. 2410)
Planning
Commission PLN2018-270 4459
DOCUMENT HISTORY
Master Use Permit The Pruneyard vi
MUP
VERSION
DECISION
DATE ACTION TYPE DESCRIPTION
DECISION-
MAKING
BODY
FILE
NUMBER RESO NO.
9/18/2018
Zoning
Clearance -
Special Event
Closure
Trudy's Wedding
Fair
Community
Development
Director
PLN2018-277 N/A
9/18/2018
Zoning
Clearance -
Special Event
Closure
Pruneyard
"Gorilla
Birthday" Party
Community
Development
Director
PLN2018-290 N/A
9/18/2018
Zoning
Clearance -
Special Event
Closure
Rock Bottom re-
opening party
Community
Development
Director
PLN2018-292 N/A
2/4/2019
9/25/2018
Modification of
Previous
Approval
Allowance of
additional
outdoor seating
for Rock Bottom
(Ste. 700)
Community
Development
Director
PLN2018-307 N/A
10/23/2018
Zoning
Clearance -
Special Event
Closure
Thriller Group
dance event
Community
Development
Director
PLN2018-343 N/A
10/29/2018
Conditional Use
Authorization &
Architectural
Modification
Façade and
patio
improvements
to the new Luna
tenant space
(Ste. 570)
Community
Development
Director
PLN2018-288 N/A
11/13/2018
Zoning
Clearance -
Special Event
Closure
Multi-Chamber
mixer
Community
Development
Director
PLN2018-366 N/A
11/19/2018
Zoning
Clearance -
Special Event
Closure
Hanukkah
celebration and
menorah
lighting event
Community
Development
Director
PLN2018-371 N/A
11/19/2018
Zoning
Clearance -
Special Event
Closure
Peace on Earth
community
celebration
Community
Development
Director
PLN2018-372 N/A
12/18/2018
Conditional Use
Authorization &
Architectural
Modification
Continued
allowance of full
alcohol service
and additional
patio changes
for B.Steak.A
(1887 S Bascom)
Community
Development
Director
PLN2018-369 N/A
DOCUMENT HISTORY
Master Use Permit The Pruneyard vii
CUSTODIAL REVISIONS
MUP VERSION TYPE OF REVISION DESCRIPTION OF REVISION TABLE REVISED
1/20/2017 Table Change Include Peet's Coffee and Tea IV-2
8/2/2017
Table Change
Update to add Mendocino Farms, Lulu's, Asian
Box, and Burger Lounge, and Pruneyard Cinemas
Restaurant. Also to remove Tandoori, Boswells,
Lisa's Tea Treasures, and La Boulanger.
IV-2
Table Change Add LuLu's alcohol license and change to
Pruneyard Cinema's license (4147). IV-4
Table Change
Add LuLu's alcohol service as an authorized
conditional use; remove Pizza My Heart (now a
part of the theater). Also clarified that alcohol
service for the theater is ancillary to both the
theater and the associated restaurant/bar.
IV-6
8/23/2017 Table Change
Add Mendocino Farms' alcohol service as an
authorized conditional use and listed the new beer
and wine license.
IV-4, IV-6
11/3/2017 Table Change
Add Burger Lounge's alcohol service as an
authorized conditional use and listed the new beer
and wine license.
IV-4, IV-6
6/1/2018 Table Change Updated to reflect change Little Wine Counter
(suite 560) to Out of the Barrel. IV-2, IV-6, IV-4
8/7/2018
Table Change Updated to reflect that Rock Bottom has approval
for limited outdoor "lounge-style" furniture. IV-6
Table Change
Add Asian Box alcohol service as an authorized
conditional use and listed the new beer and wine
license.
IV-4, IV-6
Table Change
Increase occupied square-footage for Outback.
Note: Per Architectural Modification (PLN2018-
107), square-footage was double counted.
IV-2
Appendix Change Included approved Special Event Closure Plan for
outdoor yoga event Appendix F
9/24/2018
Appendix Change
Included approved Special Event Closure plan for
Trudy's wedding faire, Pruneyard "Gorilla
Birthday" Party, and Rock Bottom re-opening party
Appendix F
New Conditional Use
Standards Add new Conditional Use standards for studio uses
Part IV, Section
H (Conditional
Use Standards)
Table Change Add Core Sculpt (studio use) as an authorized
conditional use IV-6
2/4/2019
Table Change Update to change El Burro to Luna and Outback to
B.Steak.A
IV-2, IV-4, and
IV-6
Table Change Updated to reflect that Luna has approval for
limited outdoor "high-top" furniture. IV-6
Appendix Change
Included approved Special Event Closure plans for
Thriller dance event, Multi-Chamber mixer,
Hanukkah celebration and menorah lighting event,
and Peace on Earth community celebration
Appendix F
Appendix Change Updated Master Sign Plan as a "Minor Change" to
reflect existing hotel signage. Appendix B
Master Use Permit The Pruneyard 1
I. INTRODUCTION
HISTORY A.
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, tile 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 50 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.
EXISTING CONDITIONS B.
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 a multi-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
The Pruneyard into three legal parcels can be
accomplished in a manner that maintains and
enhances The Pruneyard.
Source: Campbell the Orchard City, Jeanette Watson
INTRODUCTION
Master Use Permit The Pruneyard 2
Source: Berkshire Communities
LAND USE POLICY C.
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)
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)
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)
PURPOSE D.
In 2015, the Owner submitted a comprehensive development application for The
Pruneyard, including proposed construction of several new retail buildings, a five-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.
INTRODUCTION
Master Use Permit The Pruneyard 3
VISION AND GOALS E.
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;
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 that are 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 modification/revocation proceedings.
MASTER USE PERMIT CONTENTS F.
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 The Pruneyard 4
II. ADMINISTRATION
APPROVAL OF MASTER USE PERMIT A.
This Master Use Permit is approved by City Council Resolution No. 12068 pursuant to
the provisions of the O (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, 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 ("Approved Development Plans"), as
revised by the Conditions of Approval. The Approved Development Plans allow for
construction of new structures, architectural alterations to existing structures,
reconfiguration of the site layout, and hardscape and landscaping improvements,
subject to the applicable standards and provisions of the 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.
ESTABLISHMENT OF MASTER USE PERMIT B.
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.B.1 (Issuance of Building Permit), at
which time the Master Use Permit shall be controlling on The Pruneyard.
ACCEPTANCE OF MASTER USE PERMIT C.
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.
APPROVED PHASING D.
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 not 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
that phase 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).
ADMINISTRATION
Master Use Permit The Pruneyard 5
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.
Phase 1 (A/B): One (1) Year from the Effective Date of Approval, by December 1, 2017
Phase 2 and 3: Six (6) Years from the Effective Date of Approval, by December 1, 2022*
Phase 4: Ten (10) Years from the Effective Date of Approval, by December 1, 2026
*Commencement and completion of Phase 2 (Building R5) is not a prerequisite to the
commencement of Phase 3 or Phase 4.
PROPERTY SUBDIVISION E.
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.
ADMINISTRATION
Master Use Permit The Pruneyard 6
PREVIOUS LAND USE PERMITS F.
To provide a clear regulatory framework for operation of 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 to 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 Permit 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).
AMENDMENTS G.
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), a land 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.1, 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
for a 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).
ADMINISTRATION
Master Use Permit The Pruneyard 7
ADMINISTRATIVE AUTHORITY H.
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 I.
The Community Development Director shall retain decision-making authority on
ministerial actions through issuance of a Zoning Clearance in compliance with Campbell
Municipal Code Chapter 21.40 (Zoning Clearances).
MINOR CHANGES J.
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).
APPEALS K.
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.
INTERPRETATIONS OF PROVISIONS L.
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.
RELATIONSHIP TO THE ZONING CODE M.
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, development standards, 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 .
ADMINISTRATION
Master Use Permit The Pruneyard 8
ADDITIONAL PERMITS N.
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.
OWNER'S RESPONSIBILITY O.
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 P.
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
ADMINISTRATION
Master Use Permit The Pruneyard 9
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.
CUSTODIANSHIP Q.
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.
INDEMNITY R.
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 S.
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 The Pruneyard 10
III. DEVELOPMENT CONTROLS
CONFORMANCE TO DEVELOPMENT PLANS A.
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).
APPROVED BUILDING AREAS B.
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-1 – 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
'R5' (Commercial/Retail Building) 5,000 1
'O1' (Office Building) 100,000 5
'G2' (Underground Garage) 68,000 -
'G1' (Garage Expansion)
(Option 1 / Option 2)
190,000 5
114,000 3
'R3' (Commercial/Retail Building)
(Option 1 / Option 2)
30,000 2 12,000
Total Proposed Building Area 148,600
(excluding garage)
DEVELOPMENT CONTROLS
Master Use Permit The Pruneyard 11
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) 12,342
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).
ARCHITECTURAL MODIFICATIONS C.
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).
Administrative Authorization 1.
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).
Findings to Authorize an Architectural Modification 2.
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 The Pruneyard 12
IV. LAND USE CONTROLS
ESTABLISHMENT OF LAND USE PROGRAM A.
These Land Use Controls establish the 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.
LAND USE MAXIMUMS B.
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 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.
LAND USE CONTROLS
Master Use Permit The Pruneyard 13
TABLE IV-2 – RESTAURANT AREA ALLOTMENT
BUSINESS NAME SUITE # /ADDRESS SQUARE FEET
Buca Di Beppo 155 8,099
Café Artemis 300/350 3,599
Coffee Society 112 1,722
Luna 570 6,280
Kyoto Palace 2500 5,704
Mendocino Farms 440 2,893
Lulu's Taqueria 165 1,300
Out of the Barrel 560 974
Orchard City Kitchen 190 5,781
B.Steak.A 1887 S. Bascom 7,457
Pacific Catch, Inc. 550 5,150
Patxi's Pizza 405 3,175
Rock Bottom Brewery 700 9,769
Togo's 113 1,191
PY Kitchen and Bar 1995 S. Bascom 1,300
Peet's Coffee and Tea Bld. 'R4' 1,750
Asian Box 152 (kiosk) 1,014
Burger Lounge 515 1,781
Pruneyard Cinemas
Restaurant and Bar 100/105 2,069
Current Total 71,008
Remaining Available 23,492
ALCOHOL LICENSE MAXIMUMS C.
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" (Consumption on-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
LAND USE CONTROLS
Master Use Permit The Pruneyard 14
Permit in compliance with Part II, Section G (Amendments). These maximums anticipate
completion of the entire approved project.
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 SUITE # /ADDRESS LICENSE TYPE
Buca Di Beppo 155 Type 47 (On-Sale General)
Café Artemis 300/350 Type 47 (On-Sale General)
Luna 570 Type 47 (On-Sale General)
Kyoto Palace 2500 Type 47 (On-Sale General)
Out of the Barrel 560 Type 42 (On-Sale Beer & Wine)
Orchard City Kitchen 190 Type 47 (On-Sale General)
B.Steak.A 1887 S. 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)
Pruneyard Cinemas
Restaurant and Bar 100/105 Type 47 (On-Sale Beer & Wine)
Double Tree by Hilton/
PY Kitchen and Bar 1995 S. Bascom Type 47 (On-Sale General)
Trader Joe's 420 Type 21 (Off-Sale General)
LuLu's Taqueria 165 Type 41 (On-Sale Beer & Wine)
Mendocino Farms 440 Type 41 (On-Sale Beer & Wine)
Burger Lounge 515 Type 41 (On-Sale Beer & Wine)
Asian Box 152 Type 41 (On-Sale Beer & Wine)
Current Total | Remaining ("On-Sale") 16 9
Current Total | Remaining ("Off-Sale") 1 4
LAND USES ALLOWED D.
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).
LAND USE CONTROLS
Master Use Permit The Pruneyard 15
TABLE IV-5 – LAND USES ALLOWED
LAND USES RETAIL PARCEL OFFICE PARCEL HOTEL PARCEL
General Retail Activities
Bookstores
Consignment Boutique
Department Stores
Food Retail
Furniture Stores
Grocery Stores
Hardware Stores (under 5,000 sq. ft.)
Medical Retail
Music (recordings) Stores
Outdoor Retail Sales and Activities
Outdoor Retail Sales, ancillary
Pharmacies/Drug Stores
Photography Studio/Supply Shops
Retail Stores
Video Rental Stores
P
(All Floors)
P
(Ground Floor)
Retail Alcohol Sales, Primary Use
Liquor Store, beer and wine
Liquor Store, distilled spirits
C
(Ground Floor)
Retail Alcohol Sales, Ancillary Use
Grocery Stores, beer and wine
Grocery Stores, distilled spirits
C
(Ground Floor)
General Services
Banks and Financial Services
Personal Services
Photocopying Shop
Travel Agency
Dry Cleaning (Drop-off/Pick-up)
P
(All Floors)
P
(Ground Floor)
Special Services
Massage Establishments
Spa Services/Health Spas
Tanning Studios
C
(Ground Floor)
C
(All Floors)
C
(All Floors)
C
(All Floors)
Professional Office and Employment
Government offices and facilities (local, state or federal)
Professional Office
Professional Office (less than 2,000 sq. ft.)
P
(Upper Floors)
P
(Ground Floor)
P
(All Floors)
Hospitality
Hotel with Banquet Facilities C
(All Floors)
Restaurant and Food Service
Catering businesses (ancillary to a restaurant)
Outdoor seating (associated with a restaurant)
Restaurants
P
(All Floors)
P
(Ground and
Top Floor*)
P
(Ground Floor)
Alcohol Service (Liquor Establishment), Primary Use
Distilled spirits, within a stand-alone Bar/Tavern or Nightclub
Beer and wine, within a stand-alone Bar/Tavern or Nightclub
C
(Ground Floor)
C
(Ground and
Top Floor*)
C
(Ground Floor)
LAND USE CONTROLS
Master Use Permit The Pruneyard 16
TABLE IV-5 – LAND USES ALLOWED
LAND USES RETAIL PARCEL OFFICE PARCEL HOTEL PARCEL
Alcohol Service (Liquor Establishment), Ancillary Use
Beer and wine, within a restaurant, hotel, theater, etc.
Distilled spirits, within a restaurant, hotel, theater, etc.
C
(All Floors)
C
(Ground and
Top Floor*)
C
(Ground Floor)
Health and Fitness Center
P
Bld. R3 Only
(All Floors)
Movie and/or Performing Arts Theater P
(All Floors)
Instructional Services
Commercial Schools (less than 10,000 sq. ft.)
Studios (small and large)
Tutoring Center (small and large)
C
(All Floors)
C
(All Floors)
Medical Service, Clinics P
(Upper Floor)
Entertainment
Arcades
Live Entertainment, ancillary (primary see Nightclub)
Dancing, ancillary (primary see Nightclub)
Nightclubs (live entertainment and dancing as primary use)
Indoor Amusement/ Entertainment/Recreation Centers
C
(Ground Floor)
Equipment Uses
Automated Teller Machines (ATM)
Vending Machine
Alternative Fuel /Recharging Stations
Television/Communication Satellites (less than 3-ft diameter
P
(All Floors)
P
(All Floors)
P
(All Floors)
Pet Services
Pet Stores
Cat and Dog Grooming
Pet Supply (including on-site preparation of food goods)
P
(All Floors)
Late Night Hours (Activities), in association with any use C
(All Floors)
C
(All Floors)
C
(All Floors)
Wireless Communication Facilities
May be allowed in compliance with Campbell
Municipal Code Chapter 21.34 (Wireless
Communications Facilities)
*'Top Floor' includes the upper floor of each building, and the upper two (2) floors of Tower I.
PERMITTED USE APPROVAL E.
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).
LAND USE CONTROLS
Master Use Permit The Pruneyard 17
CONDITIONAL USE AUTHORIZATION F.
The Community 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).
Administrative Authorization 1.
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).
Findings to Authorize a Conditional Use 2.
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.
AUTHORIZED CONDITIONAL USES G.
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.
LAND USE CONTROLS
Master Use Permit The Pruneyard 18
TABLE IV-6 – AUTHORIZED CONDITIONAL USES
BUSINESS /
LAND USE
SUITE # /
ADDRESS
AUTHORIZED
CONDITIONAL USE(S)
CONDITIONAL
USE
STANDARDS
OPERATIONAL HOURS
(LATE NIGHT OR STANDARD)
Restaurants
Buca di
Beppo 155
• Ancillary Alcohol Service,
distilled spirits
• Late Night Hours 1, 2 6:00 AM to 12:00 AM, daily
Café
Artemis 300/350 • Ancillary Alcohol Service,
distilled spirits 2 Standard Hours Only
Luna 570
• Ancillary Alcohol Service,
distilled spirit
• Outdoor "high-top" furniture
2 Standard Hours Only
Kyoto
Palace 2500 • Ancillary Alcohol Service,
distilled spirits 2 Standard Hours Only
Orchard
City
Kitchen
190
• Ancillary Alcohol Service,
distilled spirits
• Late Night Hours 1, 2 6:00 AM to 12:00 AM, daily
B.Steak.A 1887 S.
Bascom
• Ancillary Alcohol Service,
distilled spirits 2 Standard Hours Only
Pacific
Catch 550
• Ancillary Alcohol Service,
distilled spirits
• Late Night Hours
1, 2 6:00 AM to 2:00 AM, daily
Patxi's
Pizza 405
• Ancillary Alcohol Service,
distilled spirits
• Late Night Hours
1, 2 6:00 AM to 12:00 AM, daily
Rock
Bottom 700
• Ancillary Alcohol Service,
distilled spirits
• Ancillary Live Entertainment
• Late Night Hours
• Outdoor "lounge-style"
furniture
1, 2, 6 6:00 AM to 2:00 AM, daily
PY Kitchen
and Bar
1995 S.
Bascom
• Ancillary Alcohol Service,
distilled spirits
• Ancillary Live Entertainment
• Late Night Hours
1, 2, 6 6:00 AM to 12:00 AM, daily
LuLu's 165 • Ancillary Alcohol Service,
beer and wine 2 Standard Hours Only
Mendocino
Farms 440 • Ancillary Alcohol Service,
beer and wine 2 Standard Hours Only
Burger
Lounge 515 • Ancillary Alcohol Service,
beer and wine 2 Standard Hours Only
Asian Box 152 • Ancillary Alcohol Service,
beer and wine 2 Standard Hours Only
Stand-alone Bar/Tavern
Out of the
Barrel 560
• Stand-alone Bar/Tavern,
beer and wine
• Live Entertainment,
ancillary
• Late Night Hours
1, 3, 6 6:00 AM to 1:00 AM, daily
LAND USE CONTROLS
Master Use Permit The Pruneyard 19
TABLE IV-6 – AUTHORIZED CONDITIONAL USES
BUSINESS /
LAND USE
SUITE # /
ADDRESS
AUTHORIZED
CONDITIONAL USE(S)
CONDITIONAL
USE
STANDARDS
OPERATIONAL HOURS
(LATE NIGHT OR STANDARD)
Massage Establishment
Massage
Envy 650 • Massage Establishment 7 7:00 AM to 10:00 PM, daily
(Restricted Hours)
Hotel
Double
Tree Hotel
1995 S.
Bascom
• Hotel banquet facility
• Late Night Hours
• Live Entertainment and
dancing, ancillary 1, 5, 6 6:00 AM to 12:00 AM, daily
Movie and/or Performing Arts Theater
Pruneyard
Cinemas
Restaurant
and Bar
100/105
• Live Entertainment,
ancillary
• Ancillary Alcohol Service,
distilled spirits*
• Late-night Activities
*Alcohol service is ancillary to
both the theater and the
associated restaurant/bar.
1, 2, 6, 9 6:00 AM to 2:00 AM, daily
Grocery Store
Trader
Joe's 420 • Ancillary retail alcohol sales,
distilled spirits 4 Standard Hours Only
Health and Fitness Center
TBD (Bld. R3) • Late Night Hours
• Spa Services 1, 8 24 hours/daily
Health and Fitness Center
Core Sculpt 2410 • Studio 10 Standard Hours Only
CONDITIONAL USE STANDARDS H.
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).
Late Night Hours 1.
Land uses with Conditional Use Authorization for Late Night Hours shall comply
with the following standard:
Approved Late Night Hours a)
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.
LAND USE CONTROLS
Master Use Permit The Pruneyard 20
Alcohol Service Ancillary to a Restaurant 2.
Restaurants with Conditional Use Approval for alcohol service shall comply with
the following standards:
Alcohol License Types a)
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
• Type 75 (On-Sale General Brew-Pub)
Patron Service b)
Patrons shall only be served when seated, either at the bar, patio, or
within the dining room.
Food Service Required c)
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.
Floor Plan Configuration d)
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.
Designated Driver / Taxicab Service Posting e)
Contact information for local taxicab services and designated driver
services shall be posted in a conspicuous place.
City Meetings f)
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.
Live Entertainment and Dancing g)
Unless specifically allowed by Section H (Authorized Conditional Uses), live
entertainment and dancing shall not be allowed.
Stand Alone Bar/Tavern, beer and wine 3.
Stand-alone bars/taverns with Conditional Use Approval for the sale of beer
and wine shall comply with the following standards:
Alcohol License Types a)
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)
LAND USE CONTROLS
Master Use Permit The Pruneyard 21
• Type 61 (On-Sale Beer for Public Premises)
Age Restriction b)
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.
Designated Driver / Taxicab Service Posting c)
Contact information for local taxicab services and designated driver
services shall be posted in a conspicuous place.
Live Entertainment d)
Unless specifically allowed above by Section G (Authorized Conditional
Uses), live entertainment and dancing shall not be allowed.
City Meetings e)
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.
Retail Alcohol Sales (Distilled Spirits), Ancillary to a Grocery Store 4.
Grocery stores with ancillary alcohol sales (distilled spirits), shall comply with
the following standards:
Ancillary Activity a)
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.
Alcohol License Types b)
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)
Incidental Tasting of Alcoholic Beverages c)
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.
Securing of Alcoholic Products d)
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.
Hotel with Banquet Facilities, including ancillary alcohol sales 5.
The hotel with banquet facilities shall comply with the following standards:
Lodging Duration a)
Hotel rooms shall not be rented for a continuous stay of more than thirty
(30) days.
LAND USE CONTROLS
Master Use Permit The Pruneyard 22
Banquet Hours b)
Banquet facilities (indoor and outdoor) may be used/rented from 6:00 AM
to 11:00 PM, daily.
Alcohol Service c)
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)
Restaurant and Bar d)
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).
Ancillary Live Entertainment 6.
Any use with Conditional Use Approval for live entertainment shall comply with
the following standards:
Live Entertainment Permit a)
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.
Live Entertainment Performances b)
Live entertainment is limited to live musicians complimentary to the
primary purpose of the use, as specified by a Live Entertainment Permit.
Dancing Area Prohibited c)
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).
Cover Charge d)
At no time shall a cover charge be required or a donation necessary in
order to patronize the establishment.
Doors and Windows e)
Doors and windows shall remain closed during live entertainment
performances, unless otherwise approved by the Live Entertainment
Permit.
Noise f)
Regardless of decibel level, live entertainment performances shall not
create unreasonable noise which obstructs the free use of neighboring
businesses or residences.
Security g)
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.
LAND USE CONTROLS
Master Use Permit The Pruneyard 23
Massage Establishments 7.
Massage establishments shall comply with the following standards, in
compliance with Campbell Municipal Code Section 21.36.270 (Massage
Establishments):
Proximity a)
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.
Establishment Permit b)
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
Police pursuant to the provisions of Campbell Municipal Code Chapter 5.48
(Massage Establishments and Therapist).
Special Operating Hours c)
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.
Window Coverage d)
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.
Spa Services / Health Spa 8.
Spa Services/ Day Spa uses shall comply with the following standards:
Massage Therapist a)
Massage services shall only be provided by a Certified Massage Therapist
as certified by the California Massage Therapy Council.
Other Personal Services b)
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.
Alcohol Service Ancillary to a Movie and/or Performing Arts 9.
Theater
Movie and/or Performing Arts Theater with Conditional Use Approval for
alcohol service shall comply with the following standards:
Alcohol License Types a)
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)
LAND USE CONTROLS
Master Use Permit The Pruneyard 24
Food Service b)
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.
Alcohol Service c)
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”.
Alcohol Sales in Auditoriums d)
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.
Limit on Alcohol Service e)
No more than two (2) alcoholic beverages shall be sold or served to any
one (1) person during any transaction.
Size and Appearance of Alcohol Containers f)
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.
Monitoring g)
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.
Studios (small and large) 10.
Studio (small and large) uses shall comply with the following standards:
a) Approved Instruction
A studio may provide one-on-one and/or group instruction involving
physical or artistic skills and techniques, including but not limited to dance,
music, fitness, training, martial arts and fine arts.
b) Appointment-based Instruction
Studio instruction shall be provided by appointment only. Appointments
may be made in advance on-line, by telephone, or in person, on either a
one-time or repeated basis. Occasional "walk-in" appointments may be
allowed provided that the majority of participants reserve an appointment
prior to a studio class.
c) Business Hours
Unless a Conditional Use Authorization has been granted for 'Late Night
Hours,' the business hours shall be limited to the 'Standard Operating
Hours' of 6:00 AM to 11:00 PM, daily.
LAND USE CONTROLS
Master Use Permit The Pruneyard 25
d) Instructional Area
The number of instructional areas/rooms shall be limited to the number
depicted on the floor plan approved by the Conditional Use Authorization.
e) Ancillary Retail
Retail activities ancillary to a studio use may be permitted.
f) Number of Participants and Instructors
The number of participants and instructors shall be limited to the
maximum occupancy capacity of the studio as determined by the California
Building Code (CBC), except that the Community Development Director
may impose a more restrictive maximum if necessary to affirmatively
establish the findings to authorize a conditional use.
g) Outdoor Activities
All instructional activity shall occur within the interior of the tenant space.
Outdoor activity is prohibited, unless approved as part of a 'Special Event'
pursuant to Part VI, Section E (Special Events).
h) Noise
Music, voices, and other sources of sound generated within the studio,
regardless of decibel level, shall not create unreasonable noise which
obstructs the free use of neighboring businesses or residences. Doors shall
be kept closed at all times music is played.
GENERAL PERFORMANCE STANDARDS I.
The following performance standards apply to all new and existing land uses:
Standard Operating Hours 1.
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 2.
"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.
Maximum Occupancy 3.
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.
Noise 4.
No land use, regardless of decibel level, shall create unreasonable noise which
obstructs the free use of neighboring businesses or residences.
Trash and Cleanup 5.
All trash removal, normal clean up, janitorial activity, etc. shall be done during
Standard Operating Hours or approved Late Night Hours.
LAND USE CONTROLS
Master Use Permit The Pruneyard 26
Seating Standards 6.
Only approved restaurants and food retail uses shall be allowed to maintain
dedicated patron seating areas (indoor or outdoor), subject to the following
standards:
Restaurants a)
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).
Food Retail b)
Food retail uses shall be permitted a maximum of twenty (20) seats (indoor
and/or outdoor).
USES NOT SPECIFIED J.
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).
NON-CONFORMING LAND USES K.
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 The Pruneyard 27
V. DESIGN GUIDELINES
ARCHITECTURAL CHARACTER A.
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 tile 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 dining patios. 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 tile 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.
DESIGN GUIDELINES
Master Use Permit The Pruneyard 28
OUTDOOR DINING GUIDELINES B.
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.
Outdoor Dining Furniture 1.
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:
Outdoor Dining Umbrellas 2.
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:
DESIGN GUIDELINES
Master Use Permit The Pruneyard 29
Outdoor Dining Heaters 3.
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:
Outdoor Dining Barriers 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:
DESIGN GUIDELINES
Master Use Permit The Pruneyard 30
STOREFRONT DISPLAYS C.
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.
OUTDOOR MERCHANDISE DISPLAY D.
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.
DESIGN GUIDELINES
Master Use Permit The Pruneyard 31
GENERAL SITE MATERIALS AND ELEMENTS E.
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 a high-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.
General Site Furniture 1.
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:
Barriers and Bollards 2.
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
Master Use Permit The Pruneyard 32
Ground Treatment 3.
All new ground treatment materials shall be an upgraded quality, including
pavers, stamped concrete or asphalt, and wood decking. Where allowed by
code, detectable tile shall be in natural color complementary to the
surrounding pavement surface, and shall be integrally installed. Examples are
shown below:
Play/Sculptural Elements 4.
Artistic, decorative, sculptural and play elements should provide opportunities
for aesthetic appreciation, fun, and add an element of whimsy. Examples are
shown below:
DESIGN GUIDELINES
Master Use Permit The Pruneyard 33
Light Fixtures 5.
New light fixtures shall be allowed as illustrated by the examples depicted
below. Models selected shall be comparable in design, color, and installation.
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 as a Minor Change.
UTILITY EQUIPMENT 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.
SIGNAGE G.
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).
Sign Types 1.
The Master Sign Plan includes the following sign types:
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
Office Building Address and Tenant Identity Signage
Parking Garage Signage
Retail Building Tenant Identity Signage
Regulatory and Traffic Control Signage
DESIGN GUIDELINES
Master Use Permit The Pruneyard 34
Review Process 2.
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 3.
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.
APPROVED TYPICAL STOREFRONTS H.
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.
Original Construction 1.
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
Master Use Permit The Pruneyard 35
New Construction 2.
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.
DESIGN GUIDELINES
Master Use Permit The Pruneyard 36
LANDSCAPING I.
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.C.2 (Landscape
Maintenance), and the California Model Water Efficient Landscape Ordinance (Title 23
of the 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 The Pruneyard 37
VI. OPERATIONAL STANDARDS
PARKING MANAGEMENT A.
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.
Parking Management Report 1.
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.
Wayfinding and Garage Spaces Available Signage 2.
The Center Association shall install additional wayfinding signs throughout the
site to encourage patrons to park in the 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.
Time Limited Parking 3.
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.
Employee Parking 4.
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.
OPERATIONAL STANDARDS
Master Use Permit The Pruneyard 38
Accessible Parking 5.
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).
Electric Vehicle Charging 6.
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 7.
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 8.
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 demand 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.
OPERATIONAL STANDARDS
Master Use Permit The Pruneyard 39
TRANSPORTATION DEMAND MANAGEMENT (TDM) PLAN B.
The Center Association 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.
Summary of Measures 1.
The TDM measures and strategies for existing (Tower 1, Tower 2, and
Pruneyard Place) and approved (Building 'O1') 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-1 – TRANSIT DEMAND MANAGEMENT (TDM) MEASURES
TDM MEASURE DESCRIPTION
Building and Site Design Measures
Showers/clothes lockers* Shower facilities and clothes lockers are provided for employees who
walk and bike to work
Bicycle parking (short + long
term) and bicycle repair station*
Bicycle parking facilities support bicycling as a mode choice. Secure
parking for bicycles will be provided in the parking structure. The
secure parking area will include a DIY bicycle repair station. Short-
term bicycle parking racks are also provided.
Designated carpool/vanpool
parking spaces
Carpool and vanpool spaces will be designated near building
entrances in order to encourage ridesharing
Property Management Provided Measures
Transportation Coordinator
A Transportation Coordinator will be identified by the Center
Association among the Pruneyard property management team and is
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, emails: 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.
OPERATIONAL STANDARDS
Master Use Permit The Pruneyard 40
TABLE VI-1 – 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
and Information Board
A website and an on-site kiosk for transit and commute alternatives
information.
Guaranteed ride home
program*
Employees who use transit, carpools, or vanpools will be reimbursed
for a taxi or carshare ride home in case of emergency or if they need
to work late.
Ridesharing (Carpool/Vanpool)
Programs
Rideshare matching programs help carpools and vanpools to form by
matching drivers and passengers.
Car share spaces on site*
Employees who bike or walk or use transit, carpools, or vanpools can
utilize a car share vehicle located on site for errands or meetings,
such as ZipCar or similar provider, if providers are interested in
placing vehicles in The Pruneyard.
Tenant Provided Measures
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. 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.
Telecommuting/Flextime/
Compressed work week
Flexibility in the hours and location of work is common among Silicon
Valley employers. The Transportation Coordinator will provide advice
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.
Description of Measures 2.
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.
Transportation Coordinator a)
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.
OPERATIONAL STANDARDS
Master Use Permit The Pruneyard 41
TDM Promotional Activities b)
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 Emails – 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 tire
patch kits.
Commuter Information Website and Information Board c)
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.
Guaranteed Ride Home Program d)
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.
Ridesharing (Carpool/Vanpool) Programs e)
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,
OPERATIONAL STANDARDS
Master Use Permit The Pruneyard 42
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 the 511.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.
Car Share Spaces on Site f)
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.
Pre-tax Commuter Benefits g)
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.
Telecommuting and Alternative Work Schedules h)
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.
TRIP MONITORING C.
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.
OPERATIONAL STANDARDS
Master Use Permit The Pruneyard 43
The Center Association shall also be required to conduct employee surveys of workers in
the office buildings to assess commute mode share, use of telecommuting/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.
SECURITY D.
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.
SPECIAL EVENTS E.
Special Events within the Main Plaza and other areas within The Pruneyard may be
allowed by this section.
Main Plaza Closures 1.
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.
Special Event Closures a)
At least four (4) weeks prior to a special event, the Center Association shall
provide the Community Development 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).
Weekend Closures b)
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.
Circulation c)
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.
OPERATIONAL STANDARDS
Master Use Permit The Pruneyard 44
Temporary Events and Activities 2.
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.
PROPERTY MAINTENANCE F.
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 kept 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.
REFUSE ENCLOSURES G.
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 The Pruneyard 45
VII. DEFINITIONS
PURPOSE AND APPLICABILITY A.
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.
DEFINITIONS OF TERMS B.
As used in the Master Use Permit, the following terms shall be defined as follows:
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 The Pruneyard 46
APPENDICES
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