690 E. Campbell Ave. (PD89-06)
CITY OF CAMPBEll
70 NORTH FIRST STREET
CAMPBELL, CALIFORNIA 95008
(408) 866-2100
FAX. (408) 379.2572
.leiIVID
DEC 01 '989
Public Worlu,Entinee,inl
Department: Planning
December 1 t 1989
Bruce Bowen
Ainsley Development
P.O. Box 7583
San Jose, CA 95150
RE:
PD 89-06
690 E. Campbell Ave.
Dear Mr. Bowen:
The City Council at its meeting of September 5, 1989, adopted Ordinance No.
1761 approving your request for approval of a restaurant on the subject
property. A copy of the adopted ordinance is attached.
If you should have any questions, please do not hesitate to contact the
Planning Department.
Sincerely,
~~
Planner II
Attachments
cc:
Owner
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re Dept.
Building Division
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ORDDWfCl NO. J76J
DING AR ORDIRARCI or TIll em COUNCIL OF
'1'IIB Q'l'Y OF CAMPBBLL APPROVING A PLAHNID
DIVILOPHINT PIIIIIT - PLANS. ELlVATIORS .
DIVILOJ:IHIIIf?;Sr~ ~IJ(JI.B. .6HDc::ammœs or
APPIOVALm..WDt~"icDmaucnON OF
A lBStAuaør '. ON PROPIITY
DOWAS .
II A PO. . ( PLAMRID . . DBVILO!IIIHT I CCHlllCIAL
ZORIRG DISTRICT. APPLICATION or AINSLEY
DIVILOPMENT. PD 89-06.
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The City Council of the City of Campbell does ordain as follows:
SECTION ONE: That the Zoning Map of the City of Campbell is hereby changed
and amended on property known as 690 " 700 B. Campbell Ave. by adopting the
attached Exhibit A entitled Plans and Blevations; Exhibit B entitled
Development Schedule; Exhibit C entitled Map of Said Property; and Exhibit D
entitled Conditions of Approval, as per the application of Ainsley Development,
Inc. for plans, elevations, and development schedule to allow the construction
of a restaurant in a Planned Development Zoning District. Copies of said
Exhibits are on file in the Planning Department.
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SBCTION TWO: This Ordinance shall become effective 30 days following its
passage and adoption and shall be published once within 15 days upon passage
and adoption in the San Jose Mercur.y News, a newspaper of general circulation
in the City of Campbell, County of Santa Clara.
PASSED AND ADOPTED this
call vote:
5th
day of Sept.- 1989
, by the following roll
AYES:
NOES:
ABS!NT :
Counci1members: KOTOWSKI, ASHWORTH, BURR, CONANT, WATSON
Counci1members: NONE
Counci1members: NONE
ATTEST:
~ APPROVED:...4 .
~ ~1 J ett. Watoon, Mayo.
U ~- rr
Barbara Olsasky, City CI THE FOR"GO
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AND CORRECT -~- ~ TRUE
ON FILE IN TH' ~. 'r:E~ THE ORIGINAL
ATTEST: SAP- ,. - ,,~~
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Public Hearing before the Pl8JU1ing
Conmissim en July 11, 1989, Ai
Imrelopment - Resolution No. 260
œconmending app:roval of a Plam
œvelopment Pe11ß1t.
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IXRIBIT B
STANDARD DIVILOPMBNT SCBIDULI
PILI NOs PO 89-06
APPLICANTs AiD8l.y Dnal~t. Inc.
sm ADDIISSs 690. 700 K. Calpbell Ave.
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1. Construction tô begin within one year of final approval.
2. Construction to be completed within one year of starting date.
NOTB~ Above Development Schedule is a standard used by the Planning Department
when applicant has not submitted a schedule for his project.
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t . CXIID.Lx~ OP APPIOVAL -nLI , PO 89-06
t.." sm. &1DISS1. '690 . 700 I. Capbell Ave.
. Aft'LICAH'la AiD81ey Ðevelos-nt. Inc.
PC II'1"G _fta '1-11-89
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!be applicaDt 18 b8r8by DOtified. .. part of this application. that _/a. is
E8qUind to _t the foUowiDa conditions in accordance with the OrdiDacea of
dIe. City of Capbell and the Lan of the State of Califomia. A4c1itiOli8U1.
the applicant 18 hereby aotified that be/she is required to coçly with all
applicable Coda or OrcJ1DaDcu of the City of Capbell and the State of
California which pertain to this development aDd are Dot hareiD specified.
I.
Elevations/Site Plan: Revised elevations aad/or site plaa iDdicating
retention of trees. revised deck design, moctification to Andy' s Restaurant
(u indicated 1ft Staff Report) to be aubaittad to the Planning Department
and approvecl by the Planni. Director upon recOlllD8Ddation of the
Architectural Advisor prior to application for a building permit.
2. rencina: rencing plan indicating location and design details of fencing to
be submitted to the Planning Department and approved by the Planning
Director prior to issuance of a building permit.
3.
Performance Bond - Landscapinal 'encinal Stripina: Applicant to either (1-)
post a faithful performance bond in the amount of $25,000.00 to insure
landscaping, fencing, and striping of parking areas within 3 months of
completion of construction; or (2) file written agreement to complete
landscaping, fencing, and striping of parking areas. Bond or agre88Dt to
be filed with the Planning Department prior to application for a building
permit.
5.
4.- Utility Boxes: Applicant to submit a plan to the Planning Department,
prior to installation of PG&E utility (transformer) boxes, indicating the
location of the boxes and screening (if boxes are above ground) for
approval of the Planning Director.
Parkina/Driveways: All parking and driveway areas to be developed in
compliance with Chapter 21.50 of the Campbell Municipal Code. All parking
spaces to be provided with appropriate concrete curbs or bumper guards.
6. Utilities: Underground utilities to be provided as required by Section
20.36.150 of the Campbell Municipal Code.
7.
Utilities: Plans subaitted to the Building Department for plan check shall
indicate clearly the location of all connections for underground utilities
including water, sewer, electric. telephone aad television cables.
8. Sinina: Sign application to be submitted in accordance with provisions of
the Sign Ordinance for all signs. No sign to be installed until
application is approved aad permit issued by Planning and Building
Departments (Section 21.53 of the Campbell Municipal Code). . . "~'i:
9.
Garbaae Collection: Ordinance No. 782 of the Campbell Municipal Code
stipulates that any contract for the collection and disposal of refuse,
garbage, wet garbage and rubbish produced within the limits of the City of
Campbell shall be made with Green Valley Disposal Company. This
requirement applies to all single-family dwellings, 8Ultiple apartment
units, to all cOllD8rcial, business, industrial, 88Dufacturing, and
construction establishments.
.
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CDlDrrIONS or APPROVAL - PILI , PD 89-06
am ADDIBSSa 690 II 700 I. Capbell Ave.
APPLICANT: Aiuley Dev.l~t. Inc.
M. 2
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10. I£!!.h Conta~ners/~o8U1"881 Truh CODtaiDer{s) of a sm aDCI.,.quaDtit)'
necu..ry to serve the deftlo¡88Dt shall be located in area(s)approftd by
the rire DepartMDt. Unl..s otherviH noted. enclosure(s)8ha1.l couist of
a concrete floor surrounded by a solid wall or fence and haYe Hlf-closing
doors of a size specified by the lire DepartMDt. All enclo8Ure8 to be
COD8tructed at arade 1.".1 and haYe a level area adjacent to the trash
enclosure area to Hrvice these containers.
11. BandicaDped Requir8ll8Dts: Applicant shall comply with all appropriate
State and City requir8lDØftts for the handicapped.
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12. Noise Levels: Noise levels for the interior of residential units shall
comply with aintmum State (Title 25) and local standards as indicated in
the Noise Bl8lDØftt of the Campbell General Plan.
13. Park Dedication ree: Applicant is hereby notified that he will be require.d
to pay Park Dedication In-Lieu Fee which will be assessed at the time the
subdivision map is submitted.
14. ProD8rty Security: The applicant is hereby notified that the property is
to be maintained free of any combustible trash, debris and weeds, until the
time that actual construction colllD8J1ces. All existing structures shall be
secured by having windows boarded up and doors sealed shut, or be
demolished or removed from the property. Sect. 11.201 " 11.414,1979 Ed.
Uniform Fire Code.
PUBLIC WORKS DEPARTMENT
15. Storm drainaRe fee.
Pay storm drainage area fee.
16. Street improvements. Install standard street improvements in B. Campbell
Ave. as directed by City Engineer.
17. Encroachment Permit. Obtain an encroachment permit for all work in the
right-of-way.
18. Public improvements. Construct or fund public improvements found necessary
by the City Engineer due to project impacts determined through required
studies as provided by Chapter 20.84 of the Campbell Municipal Code.
19. Access.
Provide evidence of autual access and parking easements.
20. Water District.
District.
Satisfy conditions of the Santa Clara Valley Water
21. GradinR and drain-Reo
City Engineer.
Provide grading and drainage plan for review of the
(
cmmITIœs OF APPROVAL - rILl , PD 89-06
SUI ADDRESS: 690" 700 E. Callpbell Ave.
APPLICANT: Ainsley Develo..-nt, Inc.
PG. 3
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22. Dedication for Street Riaht-of-way an4 "'ervation for Future Street
RiRht-of-Way. No new buil4inls or building additiona shall ~ located
within a 120 foot "reserved" right-of-way alona I. Callpbell Ave. The
applicant shall dedicate to accœaodate a 90 foot right-of-way and reserve
for dedication the remaining area to a 120 foot right-of-way. The precise
alian-nt of the 90 foot right-of-way and 120 rilht-of-way shall be
detenained by the City Engineer. Existing buildings and uses which have
been legally constructed and utablished ..y reaain.
23. Street Improvements. The applicantl property owner shall enter into an
agreement to pay a pro-rated share of area-wide infrastructure improvements
and traffic mitigations to be described by the City Engineer and approved
by the City Council.
FIRE DEPARTMENT
24. Driveway. One driveway shall not be less than 16 feet in clear width to a
height of not less than 13 feet, 6 inches on each side of the median.
25. Sprinklers. Building to be sprinklered throughout with a NlPA 13 system
including dumpster location.
26. Exits.
Two exits required from second floor.
UBC 3303(c).
27. RoofinR materials. Shake shingles do not comply with UBC; CAC 24, 3202(b)
for "A" occupancies.
28. ExitinR - decks.
Deck requires two approved exits.
29. Hydrants.
Requires the installation of public and private hydrants.
30. rire resistance/openinRs. Exterior walls shall have a fire resistance and
openings protected as required in UBC, Section 504(A).
BUILDING DIVISION
31. ExitinR. Occupancy. The issue of exiting (2) from the second floor has not
been addressed. Analysis of this area is as follows: Employee Lounge, see
item 14 Table 33A states 15 sq. ft. per occupant. Room size 240 divided by
IS - 16 occupants, office area 100 sq. ft. per occupant, room size 240
divided by 100 - 2, total occupant load not including corridor - 18. Table
33-A.
SITE AND ARCHITECTURAL REVIEW COHKITTEE
32. ParkinR ARreement: Prior to issuance of a building penait, the applicant
shall submit an agreement, satisfactory to the City Attorney, addressing
resolution of potential parking problems at this location. Said agreement
to provide for a one year review, from date of restaurant occupancy, by the
Planning COIIIIDission, or an earlier review 1£ complaints are filed with the
Planning Department, wherein the applicant will provide satisfactory
solutions to the parking problems, including but not limited to valet
parking, an adjustment to restaurant seating, or other solutions acceptable
to the Planning Commission.
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COtiDrrIONS or APPROVAL .;. rILl , PD 89-06
SID ADDIISSs 690' 700 I. Caapbell Ave.
APPLICANT: Ainsley Develop88Dt, Inc.
PG. 4
33. Parkina - Review: Two years frea the date of the rutaurat occupancy. the
Planning ec-ission sball review the adequacy of parking at tbia location
and ..y deteratne that the U88 of the Andy's Rutaurant ..y,be Í8ocIified to
addr..s parking 188U88. Modification..y include removal of the Andy's
building and use if DO other acceptable alternative is identified.
34. ~k/LandscaDina: Revised deck design ad ladscaping concept to be
reviewed by the Parks ad Recreation Coaaission and approved by the Site
and Architectural Review Coaadttee prior to issuance of building permits.
The deck and landscaping shall be designed to aintmize visual/functional
impacts on Los Gatos Creek Park Trail users.
.
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MEMORANDUM
CITY OF CAMPBEL
To:
Bill Helms
Engineering Manager
November 29, 1989
Date:
From:
Jim Penoyer 1.fJ ~
Engineering Technician
Subject:
Certificate of Compliance
Ainsley 690 & 700 E. Campbell Ave.
---------------------------------------------------------
The attached certificate, which was requested by Ainsley Development
Company, is submitted for Don's signature. It was required by the
title company handling the sale of the land to Ainsley.
Attached is a copy of the Assessor's page showing the lots to be
certified - Lots 51 and 52.
We have a copy of a record of survey, which shows lots 51, 52 and 53
being all one, lot dated March 7, 1957 (ROS 79 M 1). The attached
deed to Santa Clara Valley Water District for the strip down the
middle is dated October 30, 1964.
Attached is a copy of the portion of the map act that exempts
conveyances of a portion of a lot to a public agency from the
requirement to file a parcel map.
The purpose of the certificate is to put in writing the City's
verdict that the creation of the lots did not violate any provisions
of the map act.
If you are in accord please forward to Don to sign and to Charlene to
complete the notary's statement.
The sale of the property has already been delayed once due to the
lack of this document. Escrow is now scheduled to close on December
15th and Ainsley would like to have the document a few days before
(/. that to avoid having to pay another penalty.
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99 W. Hedding
San Jose, Calirornia
GRANT DEED
SOPHIE V. LUCAS, a married woman dealing with her separate
property, GRANTOR, hereby grants to the SANTA CLARA COUNTY FLOOD CONTROL
AND WATER DISTRICT, State of California, GRANTEE, its successors or
assigns, a fee simple interest in the following described real property,
the County of Santo Clara, State of California, to wit:
, All of Parcels 10-A and 10-B as shown on a Record
of Survey recorded in Book 171 of Haps page 56,
in the office of the County Recorder of the County
of Santa Clara, State of Ca1ifornia,~
RESERVING TO GRANTOR, her successors dnd assigns the right to
situate in
use the surface of said land for commercial or industrial purposes
provided that no trees or shrub~ are planted thc~eol\, no st~ctures
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are placed thereon, and the location and the grades of any such
pavings, lawns or other type of improvement placed thereon shall be
first approved by the Santa Clara County Flood Control and Water
District and said Grantor or their successors shall not be entitled
to compent~tion foL the replacem~nt costs of any such improvements
whic~ are re~~~ed by ~aid Dist~ict duri"3 ?~ric~~ of construr~ion,
maintenance, oreration, removal or replacement by said District of
water transmission pipelines and appurtenant structures on said
property,
Dated:
Oc tober 30. 196!,
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op . Lucas -
STATE OF CALIFORNIA 1 ss
COUNTY OF SANTA CLARA)
On the 30th day of October , 1964, before me,
the undersigne~ot&ry Public in and tor the County of Santa c~r~~ '.
State of California, personally appeared SOPHIE V. LUCAS¡ known .J:~<J!ë '~>'\:"
to be the person whose name is subscribed to the within nstrurne11t'.~ "!(
and acknowledged to me that she executed the same. ' ,
rt ",,-, . ,\". a....(¡ L~ (E~ M. DALY),
Notary Public in an tor the county", ":
of Santa Clara, Stat~ of California,' " ,
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:47560~6,~
~ 6770 fA({ 23
My Commissi~n Expires: April 19, 196C
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CERTIFICATE OF COMPLIANCE
ASSESSOR'S PARCEL NUMBERS 412-09-51 AND 412-09-053
I Donald C. Wimberly, Public Works Director of the City of
Campbell, having determined that the two above listed lots were
created from one legal lot as a consequence of the acquisition of a
strip of land by the Santa Clara Valley Water District, find that
Section 66428 of the State Subdivision Map Act specifically exempts
such transactions from the requirement to file a parcel map and
hereby certify that said lots were created in compliance with the
requirements of the Subdivision Map Act and local ordinance.
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Donald C. Wimberly
Public Works Director
. City of Campbell
II (?-1/8t
E. CAMP8£L L
AVENUE
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LAND TO BE CERTIFIED AS BEING IN COMPLIANCE
WITH APPLICAaLE PROVISIONS OF DIVISION 2 OF
TITLE 7 OF THE CALIFORNIA GOVERNMENT CODE
AND LOCAL ORDINANCE OF THE CITY OF CAMPBELL
INFORMATION PLAT BASED ON RECORD DATA
SCALE: I": SO' DATE: NaY. 1989 DR. BY: J. P. CK. BY:
, , .,'
NOTARY FOR MUNICIPAL CORPORATION SIGNATURE
STATE OF CALIFORNIA
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County of Sa4tt) COa-( '( / )
On this .:lCfc1 day of ,":J1{nW"J-(,L_l<..' . 19...8L. before me,
(4(,I\..( Q,~ -m. rA..A-L- , a Notary Public in and for the County of
S~o-- CQ(.k C-L- , State of California, residing therein, duly
commissioned and sworn, personally appeared Donald C. Wimberly known to me
(or proved to me on the basis of satisfactory evidence) to be the person.
---who executed the within instrument on behalf of the Director of Public
Works of the City of Campbell and acknowledged to me that the City of
Campbell executed it.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal in the aforesaid County and State the day and year in this
certificate first above written.
CJ~{lt fp./Kß '711. G~
Notary Public in and for the
County of x3at~ () {Jail 0.. )
State of California
My commission expires:
/0 - /J -9/
"NOTARY SEAV'
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OFFICIAL SEAL'
CHARLENE M. CASE'
Notary Put}lic-California ,
SANTA CLARA COUNTY t
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My Comm, Exp. Oc!. 12. 199\ i
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STEWART TITLE
OF CALIFORNIA
NOVEMBER 8,1989
2055 Gateway Place
Suite 150
San Jose, California 951 0
(408) 294-5202
Doanld C. Winberly
Director of Public Works
City of Campbell
70 North First Street
Campbell, California
95008
Re: 690 East Campbell Ave.
APN 412-09-51
Dear Mr. Winberly
This correspondence is in regards to the property located at the
above address.
We at Stewart Title have been requested to insure a trans-
action in which the property would be conveyed in two separate parcels.
According to the records of the County of Santa Clara Recorders Office this
would be the first time that the property would be conveyed in this manner.
A portion of the property was conveyed to the Santa Clara Water District
(shown on map as APN 412-09-050) which in effect divides the property and creat s
two separate parcels.
The County Tax Assessor has assigned two separate
Assessor Numbers, 412-09-051 and 412-09-053.
In order for us to insure this
transaction and to be incomplicance with the Subdivision Map Act (C.G. 66499.35
we would like to request your office to issue a Certificate of Compliance to
be recorded.
I have attached a copy of the APN map and a Record of Survey to assist
you, if I can help in any way or if you have any questions please feel free to
contact me at this office.
This is schedule to close at the end of this month
so your prompt attention is greatly appricated.
Sincerely,
~~.~~s~ k()~
Title Officer f~eld~
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CERTIFICATB OF COMPLIANCE
ASSESSOR'S PARCEL NUMBERS 412-09-51 AND 412-09-053
I Donald C. Wimberly, Public Works Director of the City of
Campbell, having determined that the two above listed lots were
created from one legal lot as a consequence of the acquisition of a
strip of land by the Santa Clara Valley Water District, find that
Section 66428 of the State Subdivision Map Act specifically exempts
such transactions from the requirement to file a parcel map and
hereby certify that said lots were created in compliance with the
requirements of the Subdivision Map Act and local ordinance.
~CZJ ~kcl
Donald C. Wimberly
Public Works Director
City of Campbell
II (~1/ ê¡1
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E. CAMPBELL
AVENUE
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LAND TO BE CERTIFIED AS BEING IN COMPLIANCE
WITH APPLICAaLE PROVISIONS OF DIVISION 2 OF
TITLE 7 OF THE CALIFORNIA GOVERNMENT CODE
AND LOCAL ORDINANCE OF THE CITY OF CAMPBELL
INFORMATION PLAT BASED ON RECORD DATA
SCALE:/"=.5'O' DATE:NOv. /'89 DR. BY: J. P.
, ,..,
CK. BY:
NOTARY FOR MUNICIPAL CORPORATION SIGNATURE
STATE OF CALIFORNIA
)
)
County of Sa-4eu COa-t'( ~ )
On this .2 q cL day of 'J1 mW)~LL'
1}QA(~ 7YJ.r~
. 19 R? . before me,
, a Notary Public in and for the County of
s~"'-' CQ(t-'\. GL-
, State of California, residing therein, duly
commissioned and sworn, personally appeared Donald C. Wimberly known to me
(or proved to me on the basis of satisfactory evidence) to be the person.
---who executed the within instrument on behalf of the Director of Public
Works of the City of Campbell and acknowledged to me that the City of
Campbell executed it.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal in the aforesaid County and State the day and year in this
certificate first above written.
CJ/rfÙ il/Rß '/11. G~
Notary Public in and for the
County of x3a ~ (.J Oal\ 0.. )
State of California
My commission expires:
/0-/)-'7/
"NOTARY SEAL"
-~'~~':::"""""~-=l- ~
OFFICIAL SEAL'
CHARLENE M. CASE
Notary public-Californla ,
SANTA CLARA COUNTY t
.
My Comm, Exp, Ocl. 12. 1991 i
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