PD Permit - Withdrawn - 1990
3(0! S· lùivl/C,vu~+£r
CITY COUNCIL MINUTES OF SEPTEMBER 3, 1991
PUBLIC HEARINGS
20. Construction of a retail center and fast-food restaurant __
southwest corner of Hacienda Avenue and Winchester Boulevard PD
Zoning District -- PD 90-08 (recommended removal from agenda)
Planning Director Piasecki reported that the applicant, Ainsley
Development, Inc., has requested removal of this item from the
agenda.
M/S: Burr/Conant - to remove consideration of this Planned
Development Permit from the agenda at this time. Motion adopted
unanimously.
ClIr of Cmllp{)cll
City
Council
Report
ITEM NO.:
CATEGORY:
DATE:
Public Hearing
. September 3, 1991
TITLE
Construction of a retail center and fast-food restaurant -- southwest
corner of Hacienda Avenue and Winchester Boulevard -- PD Zoning
District- PD 90-08
RECOMMENDATION
That the City Council grant the applicant's request and REMOVE this
item from calendar.
DISCUSSION
Background. This item was before the City Council on March 5, 1991. A
number of issues were raised by the residents in the area and the City
Council. Due to a number of unresolved issues, the item was referred
back to the Planning Commission. The applicant submitted additional
information addressing potential impacts associated with the
development. The item went before the Planning Commission on July
23, 1991. The Planning Commission took action recommending
approval of the application.
Analysis. The applicant is requesting that the application be removed
from Council calendar to investigate assurances regarding the
percolation pond relocation, address neighbor concerns and project
design issues. A 300 foot courtesy notice has been mailed to the
neighbors in the vicinity of the project, informing them that the
applicant is requesting the item be withdrawn. At such time that the
item is re-agendized, property owners within the 300 foot area will be re-
noticed.
Prepared by~.j IÅ~
Planner I
A ttachmen t:
1. Applicant's letter.
Approved by:
Panning Director
City Manager
cc: Mr. Bruce Bowen
Mr. Jeff Wyatt
Santa Oara Valley Water District
Mr. Bill Hagman
Mr. Stan Raider
ClIy of Cmll/J!Jcll
City
Council
Report
ITEM NO.:
CATEGORY:
DATE:
Public Hearing
September 3, 1991
TITLE
Construction of a retail center and fast-food restaurant -- southwest corner of
Hacienda Avenue and Winchester Boulevard - PD Zoning District - PD 90-08
RECOMMENDATION
The Planning Commission recommends the following actions:
1. Grant the Mitigated Negative Declaration that has been prepared for this
project.
2. Adopt a ordinance approving the amendment to the Land Use Element of the
General Plan, changing the property from Public/Semi-Public to Commercial,
incorporating the attached findings.
3. Adopt a ordinance approving the Zone Change from PF (public Facilities) to
PD (Planned Development), incorporating the attached findings.
4. Adopt a resolution approving the Planned Development Permit allowing
development of 15,000 square foot retail building and a 4,000 fast-food
restaurant, incorporating the attached findings subject to the conditions of
approval.
DISCUSSION
Background. This item was before the City Council on March 5, 1991. A number
of concerns were raised by the residents in the area and the City Council. Issues
raised include impacts of the development on the surrounding uses, adequacy of
the environmental assessment, compatibility of the drive-through restaurant,
noise impacts, and the necessity for the developer to meet with the residents in an
attempt to address concerns, and relocation of the percolation pond. The item was
referred back to the Planning Commission to address outstanding issues. The
minutes from the City Council meeting of March 5, 1991 are attached.
Analysis. In response to the issues raised at the City Council meeting, the
applicant was instructed to provide a noise report, revised traffic impact data,
assurances that the percolation pond would be relocated, and a geotechnical
statement regarding subsidence. Further, staff revised the environmental
assessment and prepared an expanded initial study based upon the information
provided.
City Council Report
2
September 3, 1991
Concl us ion.
a. Noise Report: The noise report concludes that with the installation of an 8
foot sound wall along the western property line, day time trash collection
hours, and relocation of the trash enclosure to the center of the property, the
project will reduce existing and ambient or background noise levels at the
adjacent residences.
b. Revised Site Plan/Elevation: After several meetings with residents, the
applicant has removed the drive-through element of the fast-food restaurant.
A trellis element has been added to the rear of the building to enhance its
appearance.
c. Traffic: With the elimination of the drive-through element of the restaurant,
the project traffic will be decreased approximately 5-10% from projected
evening, morning, and noon peak hours. Additionally, on and off site traffic
improvements will accommodate additional project traffic without
substantially impacting level of service for Hacienda and Winchester.
d. Percolation Pond Relocation: Santa Clara Valley Water District has provided
information that relocation of the percolation pond is required in the
transaction involving the sale of the Winchester /Hacienda site. A condition
of approval (#55) requires relocation of the percolation ponds.
e. Geotechnical Statement: A soils report is required as a condition of approval
discussing on site soils conditions and foundation requirements. A Santa
Clara Valley Water District engineer provided information that infill of the
site will not adversely affect adjacent properties. The soils report will address
subsidence off site.
f. Environmental Assessment: Staff found that the development will not result
in a significant environmental impact. Mitigation measures are included in
the conditions of approval. Therefore, a Mitigated Negative Declaration has
been prepared for the project.
ALTERNATIVES
1. Deny the applicant's request for a General Plan amendment, Zone Change,
and Planned Development Permit, if the City Council finds the proposal has
not sufficiently mitigated impacts associated with the development, the use is
not compatible with adjacent uses, and a proposed land use is not a more
logical use of land.
City Council Report
3
September 3, 1991
2. Impose additional modifications/revisions to the proposed development
such as elimination of the fast-food restaurant and expansion of the retail
building only.
* * *
Prepared by:
Approved by:
Planner I
Planning Dir.
City Manager
Attachments:
1. Findings
2. Conditions of Approval
3. Ordinances and Resolutions
4. Planning Commission Minutes of July 23, 1991
5. Planning Commission Staff Report of July 23, 1991
6. City Council Minutes of March 5, 1991
7. Communications
cc: Mr. Bruce Bowen
Mr. Jeff Wyatt
Santa Clara Valley Water District
Mr. Bill Hagman
Mr. Stan Raider
FINDINGS FOR APPROVAL
ADDRESS: 3101 S. WINCHESTER BLVD.
APPLICANT: BRUCE BOWEN
CC MTG.: 9-3-91
Findings for Approval of a General Plan Amendment
The City Council finds as follows with regard to File No. GP 90-04:
1. The proposed General Plan Land Use change will result in a continuity of
land use and is consistent with the existing land uses having frontage on
Winchester Boulevard.
2. The proposed amendment is compatible with other land uses in the area.
Based upon the foregoing findings of fact, the City Council further finds and
concludes that:
1. The proposed General Plan amendment will not be detrimental to the health,
safety, peace, morals, comfort or general welfare of the persons residing or
working in the neighborhood, or be detrimental or injurious to property and
improvements in the neighborhood or to the general welfare of the City.
Findings for Approval of a Zone Change
The City Council finds as follows with regard to File No. ZC 90-13:
1. The proposed Zone Change will be compatible to the zoning districts having
public frontage on Winchester Boulevard.
2. The Zone Change will add continuity with the zoning districts in the
immediate vicinity of the proposed site.
Based upon the foregoing findings of fact, the City Council further finds and
concludes that:
1. The proposed zoning will be compatible with the surrounding zoning and
land uses.
2. The proposed zoning will not be detrimental to the health, safety, peace,
morals, comfort or general welfare of the persons residing or working in the
neighborhood, or be detrimental or injurious to property and improvements
in the neighborhood or to the general welfare of the City.
FINDINGS FOR APPROVAL
ADDRESS: 3101 S. WINCHESTER BLVD.
APPLICANT: BRUCE BOWEN
CC MTG: 9-3-91
Findings for Approval
of a Planned Development Permit
The City Council finds as follows with regard to File No. PD 90-08:
1. The Planned Development Permit results in a greater control of the
development, thereby enhancing the overall site layout and architectural
design;
2. The project provides adequate parking spaces to meet the anticipated demand;
3. The project provides twenty-six percent (26%) landscaping;
4. The project will consist of 15,000 square feet of retail space and 4,000 square
feet of office space;
5. The project is located at the southwest corner of Winchester Boulevard, a
major arterial, and Hacienda Avenue;
6. The project is surrounded by offices to the south, residential condominiums
on the west, a restaurant and gasoline station across Hacienda A venue, and
industrial buildings across Winchester Boulevard;
7. The project will reduce existing ambient or background noise levels near the
adjacent residential parcels;
8. An eight foot soundwall will be installed along the western property line;
9. Trash collection could exceed L10 noise levels, but this potential will be
mitigated by relocation of one trash enclosure to the center of the site; and
limiting collection to daytime hours;
10. Winchester Boulevard and Hacienda Avenue are sufficient size to carry the
traffic generated by the project, and left turn pockets will be installed on
Hacienda for traffic exiting the site and preceding westbound. A
channelization line will also be installed on Winchester Boulevard, allowing
left turns into the site, with barriers preventing left turns out of the site;
Page 2 of the Findings
PD 90-08
11. The current percolation pond is not functioning near normal capacity; and as
a condition of approval, a new pond will be provided on Sunnyoaks Avenue;
12. Infill of the project site will not adversely affect adjacent properties; and
13. The percolation pond site provides minimal wildlife habitat.
Based upon the foregoing findings of fact, the City Council further finds and
concludes that:
1. The proposed development and uses clearly would result in a more desirable
environment and use of land than would be possible under any other zoning
classification.
2. The development and uses would be compatible with the General Plan of the
City and will aid in the harmonious development of the immediate area; and,
3. The proposed development would not be detrimental to the health, safety, or
welfare of the neighborhood or of the City as a whole.
CONDITIONS OF APPROVAL FOR
FILE NO.: PD 90-08
SITE ADDRESS: 3101 S. WINCHESTER BOULEVARD
APPLICANT: BRUCE BOWEN
PC MTG: JULy 23,1991
The applicant is hereby notified, as part of this application, that he/ she is required
to meet the following conditions in accordance with the Ordinances of the City of
Campbell and the State of California. The lead department with which at the
applicant will work is identified on each condition. Additionally, the applicant is
hereby notified that he/she is required to comply with all applicable Codes or
Ordinances of the City of Campbell and the State of California that pertain to this
development and are not herein specified.
SITE AND BUILDING DESIGN
1. Approved Proiect: Approval is granted to construct a 15,000 square foot retail
center, and a 4,000 square foot fast-food restaurant (no drive-through service)
on a 1.9 acre site, identified as Assessors Parcel Number 406-21-014.
Development shall be substantially as shown on the project material listed
below, except for additional landscaping replacing the drive-through area.
a. Project drawings for Winchester Boulevard/Hacienda Avenue retail
center proposed by Hagman Associates consisting of 4 sheets, dated by the
Planning Department on January 4, 1991, subject to additional
landscaping replacing the drive-through area.
b. Perspective drawing, dated January 15, 1990.
c. Permitted Uses: Uses shall be limited to uses permitted in a C-l
(Neighborhood Commercial) Zoning District. Uses not listed as
permitted uses under the C-l Zoning District shall require a Use Permit.
d. Use Permit Required: The fast food restaurant shall require the
provision of a Use Permit.
2. Bus Duckout: Revised site plans indicating a bus duckout along Winchester
Boulevard frontage, in accordance with Santa Clara County Transit Authority
standards. (Planning)
3. Trellis Element: Revised landscaping plan indicating a trellis element at the
rear of the building, and shall meet all building code requirements.
(planning)
4. Security Gate: A security gate shall be provided between the sound wall and
CONDITIONS OF APPROVAL FOR
FILE NO.: PD 90-08
SITE ADDRESS: 3101 S. WINCHESTER BOULEVARD
APPLICANT: BRUCE BOWEN
PC MTG: JULy 23,1991
page 2
the rear of the retail building to prevent public access.
5. New Revised Elevations: Applicant to submit a revised site plan indicating
the elimination of the drive-through area, and replacement with landscaping.
(Planning)
6. Fencing Plan: Fencing plan indicating location and design details for an 8 foot
high soundwall along the western/ southern property line and removing
existing fencing in the 25 foot setback area on Winchester Boulevard. Plans
to be submitted to the Planning Department and approved by the Planning
Director prior to issuance of a building permit.
7. PG&E Transformer 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.
8. Mechanical Equipment: All mechanical equipment on roofs and all utility
meters to be screened and approved by the Planning Director. Valving
necessary to connect Water District properties shall not be visible to the
cen ter.
9. Building Site Detail: Color palette and architectural details shall be submitted
to the Planning Department and approved by the Site and Architectural
Review Committee, prior to issuance of building permits.
10. Building Materials: Building materials shall consist of wood siding, with
brick trim, and a metal mansard roof as indicated on the elevations.
LANDSCAPING
11. Landscaping Plan: Landscaping plan indicating the type and size of plant
material and details of the irrigation system shall be submitted to the
Planning Department for review and approval, prior to issuance of building
permi ts.
a. All trees shall be a minimum of 24 inch box container size.
b. All shrubs shall be a minimum of 5 gallon container size.
CONDITIONS OF APPROVAL FOR
FILE NO.: PD 90-08
SITE ADDRESS: 3101 S. WINCHESTER BOULEVARD
APPLICANT: BRUCE BOWEN
PC MTG: JULY 23, 1991
page 3
c. Drive-through area, previously shown on site plan, shall be replaced
with a combination of ground cover, shrubs, and trees.
12. Water Efficient Landscape Standards: The final landscape and irrigation plan
shall comply with the City's Water Efficient Landscape Standards (WELS). A
WELS checklist shall be submitted with the final landscape plan. (Planning)
13. Irrigation System: Landscaping plan indicating type and size of plant
material, and the location of irrigation system to be submitted to the Planning
Department including a 10 foot wide landscaping strip along a portion of the
western property line abutting the townhomes as redlined and approved by
the Site and Architectural Review Committee, prior to issuance of a building
permit.
14. Bond or Agreement: Applicant to either (1) post a faithful performance bond
in the amount of $5000 to ensure 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 agreement to be filed with the Planning Department prior to
application for a building permit.
STREET AND SITE IMPROVEMENTS
15. Parking and Driveways: All parking and driveway areas to be developed in
compliance with Chapter 2.150 of the Campbell Municipal Code. All parking
spaces to be provided with appropriate concrete curbs or bumper guards.
16. Signs: 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 and permit issued by Planning and Building Departments (Section
21.53 of the Campbell Municipal Code).
17. Soils and Geologic Report: A soils and geologic report shall be submitted to
the Planning and Public Works Departments for review and approval, prior
to issuance of building or grading permits. The potential for off-site
subsidence on the adjacent parcels caused by the elimination of the
percolation pond shall be evaluated in conjunction with the project specific
soils and geologic report.
CONDmONS OF APPROVAL FOR
FILE NO. PD 90-08
SITE ADDRESS: 3101 S. WINCHESTER BOULEVARD
APPLICANT: BRUCE BOWEN
PC MTG: JULy 23,1991
page 4
18. Soil Clearance: Soil clearance from Fire Department and County Health
Department. (Building)
19. Grading and Drainage Plans: Provide five copies of grading and drainage
plans for review by the City Engineer.
20. Bus Duckout and Shelter: Dedicate additional right of way, to construct a bus
duckout and shelter, as directed by the City Engineer, in accordance with
Transit District standards.
21. Lighting Plan: The applicant shall submit details of the location and type of
all on-site lighting for review and approval by the Planning Director, prior to
issuance of building permits.
22. Street Dedication: Dedicate additional land to widen Hacienda Avenue to 52
feet from center, Winchester Boulevard to 47 feet from center.
23. Street Improvements: Install standard street improvements in Winchester
and Hacienda.
24. Encroachment Permit: Obtain an excavation permit, pay fees and post surety
for all improvements within the public right-of-way.
25. Median Island/Access: The applicant shall construct a median island as
illustrated on the plans providing left turn access into the site from
Winchester Boulevard. The Hacienda driveway shall be designed to provide
adequate ingress and egress to the site. Left turns into the site from
westbound traffic on the Hacienda A venue will not be allowed. A safety
pocket shall be constructed on Hacienda A venue.
26. Sanitary District: Obtain clearance from Sanitary District to determine if
lines will accept discharge. (Building)
27. Storm Drain System: Show details for on site storm system. (Building)
28. Storm Drain Fee: Pay storm drain area fee of $2,250 per acre.
CONDITIONS OF APPROVAL FOR
FILE NO.: PD 90-08
SITE ADDRESS: 3101 S. WINCHESTER BOULEVARD
APPLICANT: BRUCE BOWEN
PC MTG: JULY 23, 1991
page 5
29. Concurrence of Santa Clara Valley Water District: Provide evidence of plan
approval by Santa Clara Valley Water District.
30. Construction Mitigation Measures:
a. Hours of construction shall be limited to 8 a.m. to 5 p.m. Monday -
Friday.
b. The construction site shall be sprinkled with water as necessary, but not
less than twice per day, to control dust.
c. Haul Trucks and material stockpiles shall be covered.
d. The construction area and surrounding streets shall be swept as
necessary, but not less than once daily. (Planning)
31. Hacienda A venue Driveway: Relocate driveway on Hacienda to 60 feet from
westerly property line. Restripe Hacienda A venue between Winchester
Boulevard and Walnut Drive, as directed by the City Engineer. (public Works)
32. Street Improvements: Construct standard street improvements along the
frontage of 481 Hacienda Avenue, in conjunction with street improvements
for the development. Developer may request a cost sharing agreement with
the City for the cost of the 481 Hacienda Avenue frontage improvements.
(public Works)
33. Site Plan: Dimension site plan, reconcile area discrepancy with assessors
parcel map. (Public Works)
34. Landscaping within the Public Right-of-Way: Provide plans for landscaping
and irrigation within the pubic right-of-way to Public Works for approval.
All landscaping and irrigation within the public right-of-way shall be installed
and maintained by the development. (Public Works)
UTILITIES
35. Utilities: Transformers shall be located as indicated. Alternative location
shall include landscaping to adequately screen apparatus from public streets.
CONDITIONS OF APPROV AL FOR
FILE NO. PD 90-08
SITE ADDRESS: 3101 S. WINCHESTER BOULEVARD
APPLICANT: BRUCE BOWEN
PC MTG: JULy 23, 1991
page 6
36. Underground Utilities: Underground utilities to be provided as required by
Section No. 20.36.150 of the Campbell Municipal Code.
37. Underground Utility Locations: Plans submitted to the Building Department
for a plan check shall indicate clearly the location of all connections for
underground utilities including water, sewer, electric, telephone and
television cables, etc.
38. Building Occupancy: Building occupancy will not be allowed until public
improvements are installed.
PROPERTY MANAGEMENT
39. Garbage: 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, multiple apartment units, to all commercial, business,
industrial, manufacturing, and construction establishments.
40. Trash Collection: Hours for the collection of garage shall be reviewed by the
Planning Director. Trash collection hours shall be limited to daytime hours
(after 7:00 a.m.) in compliance with noise level standards specified in the
General Plan.
41. Hours of Operation: Operation of any business within the subject center shall
be limited between the hours of 6:00 a.m., and 11:00 p.m., daily.
42. Trash Containers: Trash containers of a size and quantity necessary to serve
the development shall be located in the areas approved by the Fire
Department. Unless otherwise noted, enclosures shall consist of a concrete
floor surrounded by a solid wall or fence and have self-closing doors of a size
specified by the Fire Department. All enclosures to be constructed grade level
and have a level area adjacent to the trash enclosure area to service these
containers.
43. Property Maintenance: The property is to be maintained free of any
combustible trash, debris and weeds, unit the time that actual construction
CONDITIONS OF APPROVAL FOR
FILE NO.: PD 90-08
SITE ADDRESS: 3010 S. WINCHESTER BOULEVARD
APPLICANT: BRUCE BOWEN
PC MTG: JULy 23,1991
page 7
commences. (Section 11.201 & 11.414, 1985 Ed. Uniform Fire Code). (Fire)
44. Retaining Walls: Retaining walls at property lines are limited to a height of
15 inches if constructed of wood. (Building}
PUBLIC SAFETY/WELFARE
45. Noise Report: The applicant shall provide a noise evaluation of all
mechanical equipment and demonstrate that noise levels can be reduced
below the ambient noise level measured on the residential side of the
wester! y property line. The noise report shall be reviewed by the Planning
Director.
46. Handicapped Requirements: Applicant shall comply with all appropriate
State and City requirements for the handicapped. Handicapped parking so
located that a handicapped person is not compelled to wheel behind parked
cars other than their own. Primary entrance(s) handicapped accessible.
47. Fire Sprinklers: The 14,000 square foot retail center shall be fully automatic
fire sprinklered, meeting NFP A #13 requirements. (Fire)
48. Occupancy Requirements: The 4,000 square foot fast-food restaurant shall
comply with all requirements for A-3 occupancy use at time of plans review.
(Fire)
49. Dumpster Enclosure: Provide fire sprinkler protection to dumpster enclosure
within five (5) feet of any building or combustible roof overhang. (Fire)
50. Code Requirements: Comply with current adopted Codes and State Title 24
law. (Building)
51. County Health Department Clearance: Obtain clearance from County Health
Department. (Building)
52. Security Gate: Access to security gate between soundwall and rear retail
building shall be allowed to public safety officials only.
53. Fire Walls: West and southwest property line walls must be a minimum of 1
CONDITIONS OF APPROVAL FOR
FILE NO. PD 90-08
SITE ADDRESS: 3101 S. WINCHESTER BOULEVARD
APPLICANT: BRUCE BOWEN
PC MTG: JULy 23, 1991
page 8
hour fire resistive constriction, with no openings. Parapets required these
locations. UBC Table SA. (Building)
54. Storage Areas: Storage areas in excess of 3,000 square feet require one hour
occupancy separation (V-sprinklered) from retail areas. UBC 702 (b).
(Building)
PERCOLATION POND
55. Percolation Pond: Applicant to supply an agreement satisfactory to the City
Attorney, ensuring relocation of the percolation pond.
(
CITY OF CAMPBEll
70 NORTH FIRST STREET
C AMP 8 ELL, C A L I FOR N I A 9 5 0 0 8
(408) 866-2100
FAX # (408) 379-2572
Department:
Planning
August 30, 1991
Mr. Stan Raider
462 Hacienda Avenue
Campbell, CA 95008
Re: 3101 S. Winchester Blvd.
Dear Mr. Raider:
In response to your concerns regarding the project impact on the crossing of
the existing railway track, please find enclosed a copy of the traffic analysis
regarding this project.
Should you have any questions, please do not hesitate to contact me at the
Planning Department at 866-2140.
Sincerel y,
I/~¿~
Gloria Sciara
Planner I
gs:lb
a:pd9D-08
Enclosure:
1. Copy of Traffic Report
cc: Kathleen Guido
Hacienda Homeowners Association
454 W. Hacienda Avenue
Campbell, CA 95008
AINSLEY
II DEVELOPMENT, INC.
August 29, 1991
fR? Œ rrn fë " WI Œ rrJ
AUG 29 1991 LW
CITy OF ..
PLANNING ~~MPe€,-,-
'ARTMENT
Gloria Sciara
CITY OF CAMPBELL
70 North First Street
Campbell, CA 95008
RE: 3101 SO. WINCHESTER BLVD.
Dear Gloria,
The purpose of this letter is to request that the above-referenced item be withdrawn from
the City Council calendar at this time in order to resolve outstanding issues.
Thank you for your attention to this matter. Should you have any questions, please do not
hesitate to contact Jeff Wyatt or Bruce Bowen at (408) 379-1117.
Sincerely,
AINSLEY DEVELOPMENT, INC.
.J~
/jl
347 EAST CAMPBELL AVENUE, CAMPBELL, CA 95008 . 408/379-1117
P.O. BOX 7583, SAN JOSE, CALIFORNIA 95150
RE~~t: \; ~[J)
AUG ~~~\. '1931
Hacienda Village Homeowners Association
454 W. Hacienda Avenue
Campbell, CA. 95008
CITY C' FRK'S OfFICE
í-~" -
20 August 1991
City of Campbell
70 North First Street
Campbell, CA. 95008
~UG 2\\ '99\
- l.,1
Dear Barbara Olasky: CITY Df' LA\:~~~~í~
p¡.Þ.NNING D~P
This letter is regarding the public hearing that has been scheduled for Tuesday, September 3, 1991,
at 7:30 p.m.to consider the application of Bruce Bowen, on behalf of Ainsley Development, Inc.
for approval of a General Plan amendment from Public/Semi-Public to Commercial; approval of a
Zone Change from PF (Public Facilities) to PD (Planned Development); and approval of a Planned
development Pennit to allow a 15,OOO-square-foot retail center and a 4,OOO-square-foot fast-food
drive-through restaurant, on property located at the southwest corner of Hacienda Avenue and
Winchester Boulevard (34101 South Winchester Boulevard).
\ .
'.'
The scheduled meeting falls the day after Labor Day. Many homeowners will be taking advantage
of the extended weekend and will not be in town at this time. Also, many of the Hacienda Village
homeowners would like to meet with Ainsley Development, Inc. and have a productive issue
resolution session. There have been several meetings scheduled between the Hacienda Village
homeowners and Ainsley Development, Inc., of which all but two have been cancelled by Ainsley
Development, Inc. There are several issues on which the Hacienda Village homeowners wish to
be heard, and therefore the Hacienda Village Homeowners Association (HOA) Board of Directors
request the City Council's consideration for a continuance to a later date.
The issues the Hacienda Village BOA Board of Directors have with the Ainsley Development Inc.
request are still unanswered from the earlier meetings with both the City Council and the Planning
Commission. Those issues which should still be on record, include but are not limited to the
following:
1. Restaurant: Why is a drive-in type still being proposed? At the last Planning Commission
Meeting it was stated by Bowen that they revised the plan to not include a drive-thru restaurant.
According to the letter sent out by the City Council, it shows that still in the plan. We oppose the
fast food restaurant due to the following:
a. Traffic problems - use of our private drive for drive-thru access.
b. Noise due to traffic.
c. Safety of our children who play in and around our private drive
If there must be a restaurant, the Planning Commission said we would be granted a hearing to
discuss and decide what type would be allowed.
2. Traffic: Traffic on Hacienda and Parking Problems - using Hacienda Village for public parking.
3. Safety: Increased vehicular and foot traffic.
4. Trash: Increased litter and trash on our property.
5. Noise: Late night and early morning at the restaurant.
6. Land subsidence: Still not adequately addressed.
7. Crime: Security and Crime - attracting "drugs" and other problems.
1/; UJ~/)~C~ V J-liO? W-'h<-L¿--£.¿'·~ ~ u¿LZi-ó~
8. Decreased Property Values: View for certain owners; who wants a restaurant and retail stores in
their backyard1
9. Garbage Pick-up: Some verbal concessions have been made by Ainsley Development, Inc.
regarding hours of pick-up. What guarantees do we have?
10. Eight foot fence on property line must match current eight foot fence on adjacent property.
11. Five foot area between eight foot fence and back side of building. What are the security
measures that will be put in place?
We do not believe the "findings" by the Ainsley Development, Inc. conttacted filIDs satisfactorily
resolve these issues, and we want to ensure they are adequately addressed with the City Council.
We are also aware that Ainsley received at least one continuance during these recent months and we
appreciate your anticipated cooperation with our request.
Sincerely,
The Hacienda Village HOA
Board of Directors
fi~~' ~CL<)
athleen M. GUIdo, PresIdent
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Bill Wells, Vice-President
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Debbie Santos, Member at Large
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CITY OF CAMPBELL
8T ATE OF CALIFORNIA
COUNTY OF SANTA CLARA
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STATE OF CALIFORNIA,." )
COUNTY OF SANTA CLARA ss.
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1./
CITY OF CAMPBELL
70 NORTH FIRST STREET
C AMP BEL L, C A L I FOR N I A 9 5 0 0 8
(408) 866-2100
FAX # (408) 379-2572
Planning
Department:
August 16, 1991
Jeff Wyatt
Ainsley Development, Inc.
347 East Campbell A venue
Campbell, CA 95008
Re: 3101 S. Winchester Blvd.
Revised Site Plan
Dear Jeff,
The Planning Department is in receipt of the revised site plan showing
proposed traffic improvements. A review of the plans by the City Traffic
Engineer indicates that the site plan is incomplete. Street and site
improvements are not depicted accurately. Therefore revisions must be
made and a new site plan submitted at least one week prior to the City
Council hearing date of September 3, 1991.
Revisions should include:
1. Relocation of the driveway on Hacienda. The center line of the driveway
should be located 60 feet from the western property line. Currently the
western most edge of the driveway is 60 feet from the western property line.
2. Revised island on Hacienda. Left turns into the site from Haåenda will not
be permitted. A safety pocket as redlined should be depicted, allowing left
turns out of the site only.
3. Depict driveway approach to Effie's Restaurant. The Hacienda and Effie's
driveway should align.
4. Show the north curb on Haåenda A venue as red lined
5. Redesign channelization island on Winchester Blvd. as redlined.
CITY OF CAMPBEll
6. Bus Duckout. Show bus duckout as redlined. Bus shelter must be
architecturally compatible with development.
7. Trash Enclosure relocation. Investigate relocation of trash enclosure from
current location (parallel to retail building wall line) to center of retail
building as redlined.
Should you have any questions regarding traffic improvements please contact
Gary Kruger at 866-2150 or myself at 866-2140.
Sincerel y,
~~J~
Gloria Sciara
Planner I
cc: Gary Kruger, Traffic Engineer
R.EC t:; «va:.; U
\ IJ' L ,,; U 1:';'1
'-' ' L V'~
CITY CLERK'S OFFICE
462 Hacienda Ave.
Campbell, Ca. 95008
July 26, 1991
Planning Commission
Re:GP 90-04jZC 90-13jPD90-08
3101 So. Winchester Blvd.
70 No. First Street
Campbell, Ca. 95008
To: All Planning Commission Members
I oppose the request to amend the General Plan, Zoning
Code and Planned Development for the property located at 3101
~
So. Winchester Blvd~ Approval of the proposed project must be
supported by substantial Engineering data. A complete review of
the Administrative record available at the Planning Commission
Office fails to address all of the critical Engineering and
~
Environmental issues raised by the request referenced above.
The fo~lowing briefly lists several of the key issues
for which no adequate record has been presented to the Planning
Commission. These issues are as follows:
1.Elimination of the property dedicated for Public Use
without adequate legal assurances that the replacement project
can be completed.
2. Failure to document the impacts to the Water Tables
caused by the fill of the Percolation Ponds.
3. Failure to document, with legal assurances, that
-
garbage pick-up will NOT occur at 3:00 A.~. or some other post
mid-night hour.
4. a) Failure to document correctly what impact the
additional traffic will have on the immediate vicinities of
Hacienda Ave., So. Winchester Blvd., Walnut Drive and our own
private street driveway. Not properly addressed are: u-turns on
Hacienda Ave., improper or illegal use of our private driveway,
grid lock on the corner of Hacienda Ave and Winchester Blvd. as
well as Hacienda Ave. and Walnut Drive.
b) Failure to document, with an adequate study, the
impact fo the Santa Fe train using the tracks parallel to
Winchester Blvd., bringing Winchester Blvd. and Hacienda Ave.
traffic to a COMPLETE stop until the train passes.
5. Failure to address and document the effect of the
excessive numb~r of cars that will use our PRIVATE driveway,
whlie our Homeowners' children play on Tpeir own private property.
6. There will be an area five (5) foot wide, the
length of the property, that will be fenced in on one side by
an eight (8) foot high Concrete fence, the other side will be the
back of the retail stores. This is required by City of Campbell law.
This presents an area where potential crimes can be committed
because it is totally enclosed, leaving our Homeowners vulnerable
to robberies, burglaries and worse.
Until an adequate record is developed and submitted,
this project should not go forward.
Further, I reserve the right to send you additional
protests in this matter, as I become aware of other problems
Page 2
and / or the review of existing documents show Engineering or
Legal deficiencies.
r"
IJ,\,
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JUL 2 3 1991 .-
TO:
CITY G¡; \~AM¡""U£LL
PLANNiNG DEPARTMENT
steve Piasecki DATE:
Planning Director
FROM: Mic~elle Q';linney,Æ
Sen1.or Eng1.neer
July 23, 1991
SUBJECT: ADDITIONAL CONDITIONS FOR PD 90-08 WINCHESTER/HACIENDA
The following are changes that I believe need to be made to the
conditions of approval for this development. Since I have not
seen the final site plan, I do not know if some of these
conditions have been addressed.
Relocate driveway on Hacienda to 60' from westerly property
line. Restripe Hacienda between Winchester and Walnut as
directed by City Engineer.
Construct standard street improvements along the frontage of
481 Hacienda in conjunction with street improvements for
development. Developer may request a cost sharing agreement
with the City for the cost of the 481 frontage improvements.
Dimension site plan, reconcile area discrepancy with
assessors parcel map.
Provide plans for landscaping and irrigation within the
public right of way to Public Works for approval. All
landscaping and irrigation within the public right of way
shall be installed and maintained by the development.
19. ...construct a bus duckout and shelter as directed by City
Engineer, in accordance with Transit District standards.
24. Left turns into the site from westbound Hacienda will be
allowed.
cc: Gloria Sciara
Bill Helms
Gary Kruger
MQ:PD9008A
RESOLUTION NO. 2765
PLANNING COMMISSION, CITY OF CAMPBELL
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL, CALIFORNIA, RECOMMENDING AMENDMENT
TO THE LAND USE ELEMENT OF THE GENERAL PLAN FROM
PUBLIC/SEMI-PUBLIC TO COMMERCIAL FOR PROPERTY LOCATED
AT 3101 SOUTH WINCHESTER BOULEVARD, APPLICATION OF MR.
BRUCE BOWEN, FILE NO. GP 90-04.
After notification and public hearing as specified by law on proposed
amendments to the Land Use Element of the General Plan, from
Public/Semi-Public to Commercial for property located at 3101 South
Winchester Bouelvard; and, after presentation by the Planning Director,
proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the Planning Commi,...ion
does finds as follows, with respect to File No. GP 90-04:
1. The proposed General Plan Land Use change will result in a continuity
of land use and is consistent with the existing land uses having frontage
on Winchester Boulevard.
2. The proposed amendment is compatible with other land uses in the
area.
Based upon the foregoing findings of fact, the Planning Commission further
finds and concludes that:
1. The proposed zoning will not be detrimental to the health, safety, peace,
morals, comfort or general welfare of the persons residing or working in
the neighborhood, or be detrimental or injurious to property and
improvements in the neighborhood or to the general welfare of the City.
The Planning Commission does hereby adopt a Resolution recommending
that the City Council adopt the attached Ordinance making effective the
proposed amendment.
PASSED AND ADOPTED this 23rd day of July 1991, by the following roll call
vote:
AYES: Commissioners:
Alne, Higgins, Perrine, Wilkinson, Dougherty,
Fox, Meyer-Kennedy
None
None
APPROVED BY: Jane P. Meyer-Kennedy
Chairperson
NOES: Commissioners:
ABSENT: Commissioners:
A TIEST: Steve Piasecki
Secretary
RESOLUTION NO. 2766
PLANNING COMMISSION, CITY
OF CAMPBELL
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL RECOMMENDING APPROVAL OF A ZONE
CHANGE FROM PF (PUBLIC FACILITIES) TO PD (PLANNED
DEVELOPMENT) FOR PROPERTY LOCATED AT 3101 SOUTH
WINCHESTER BOULEVARD, AS SHOWN ON THE ATTACHED
EXHIBIT A, APPLICATION OF MR. BRUCE BOWEN, ON BEHALF OF
AINSLEY DEVELOPMENT COMPANY, INC., FILE NO. ZC 90-13
After notification and public hearing as specified by law on the proposed
amendments to the Zoning Map of the City of Campbell, and after
presentation by the Planning Director, proponents and opponents, the
Planning Commission did determine that the change as shown in the
attached Exhibit A should be made to the Zoning Map based upon the
following findings:
1. The proposed Zone Change will be compatible to the zoning districts
having public frontage on Winchester Boulevard.
2. The Zone Change will add continuity with the zoning districts in the
immediate vicinity of the proposed site.
Based upon the foregoing findings of fact, the Planning Commission
further finds and concludes that:
1. The proposed zoning will be compatible with the surrounding zoning
and land uses.
2. The proposed zoning will not be detrimental to the health, safety, peace,
morals, comfort or general welfare of the persons residing or working in
the neighborhood, or be detrimental or injurious to property and
improvements in the neighborhood or to the general welfare of the City.
The Planning Commission of the City of Campbell recommends that the City
Council enact the attached Ordinance making effective the recommended
changes to the Zoning Map.
PASSED AND ADOPTED this 23rd day of September 1991, by the following
roll call vote:
AYES:
NOES:
ABSENT:
Commissioners:
Commissioners:
Commissioners:
A TIEST: Steve Piasecki
Secretary
Alne, Higgins, Perrine, Wilkinson,
Dougherty, Fox, Meyer-Kennedy
None
None.
APPROVED:
Tane P. Meyer-Kennedy
Chairperson
,.
RESOLUTION NO. 2767
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL, CALIFORNIA, RECOMMENDING
APPROV AL OF A PLANNED DEVELOPMENT PERMIT, PLANS,
ELEVATIONS, DEVELOPMENT SCHEDULE, AND CONDmONS
OF APPROVAL TO ALLOW A 15,000 SQUARE FOOT RETAIL
CENTER AND A 4,000 SQUARE FOOT FAST-FOOD
RESTAURANT, ON PROPERTY LOCATED AT 3101 SOUTH
WINCHESTER BOULEVARD, IN A PD (PLANNED
DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR.
BRUCE BOWEN, ON BEHALF OF AINSLEY DEVELOPMENT
COMPANY, INC., FILE NO. PD 90-08.
After notification and Public Hearing as specified by law on the application of
Mr. Bruce Bowen, on behalf of Ainsley Development Company, Inc., for
approval of a Planned Development, plans, elevations, and development
schedule to allow a 15,000 square foot retail center and a 4,000 fast food
restaurant, on property located at 3101 South Winchester Boulevard, in a PD
(Planned Development) Zoning District; and, after presentation by the
Planning Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the Planning Commission
did find as follows with regard to File No. PD 90-08:
1. The Planned Development Permit results in a greater control of the
development, thereby enhancing the overall site layout and architectural
design;
2. The project provides adequate parking spaces to meet the anticipated
demand;
3. The project provides twenty-six percent (26%) landscaping;
4. The project will consist of 15,000 square feet of retail space and 4,000 square
feet of office space;
5. The project is located at the southwest corner of Winchester Boulevard, a
major arterial, and Hacienda Avenue;
6. The project is surrounded by offices to the south, residential
condominiums on the west, a restaurant and gasoline station across
Hacienda Avenue, and industrial buildings across Winchester Boulevard;
7. The project will reduce existing ambient or background noise levels near
the adjacent residential parcels;
8. An eight foot soundwall will be installed along the western and southern
property line;
9. Trash collection could exceed L10 noise levels, but this potential will be
mitigated by relocation of one trash enclosure to the center of the site; and
limiting collection to daytime hours;
10. Winchester Boulevard and Hacienda A venue are sufficient size to carry
the traffic generated by the project, and left turn pockets will be installed
on Hacienda for traffic exiting the site and preceding westbound. A
channelization line will also be installed on Winchester Boulevard,
allowing left turns into the site, with barriers preventing left turns out of
the site;
11. The current percolation pond is not functioning near normal capacity; and
as a condition of approval, a new pond will be provided on Sunnyoaks
A venue;
12. Infill of the project site will not adversely affect adjacent properties; and
13. The percolation pond site provides minimal wildlife habitat.
Based upon the foregoing findings of fact, the Planning Commission further
finds and concludes that:
1. The proposed development and uses clearly would result in a more
desirable environment and use of land than would be possible under any
other zoning classification.
2. The development and uses would be compatible with the General Plan of
the City and will aid in the harmonious development of the immediate
area; and,
3. The proposed development would not be detrimental to the health, safety,
or welfare of the neighborhood or of the City as a whole.
Based upon the above findings, the Planning Commission recommends
approval of the plans, elevations, development schedule, and conditions of
approval as presented; and, further recommends that the City Council
approve a Planned Development Permit and enact the attached Ordinance
adopting said plans, elevations, development schedule, and conditions of
approval for that portion of the above-referenced Planned Development
District.
PASSED AND ADOPTED this 3rd day of September 1991, by the following roll
call vote:
AYES:
Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
APPROVED:
ATTEST: Steve Piasecki
Secretary
Alne, Higgins, Fox, Perrine, Wilkinson,
Dougherty, Meyer-Kennedy
None
None
Jane Meyer-Kennedy
EXHIBIT B
Development Schedule
FILE NO. PD 90-08
APPLICANT: BRUCE BOWEN
SITE ADDRESS: 3101 SOUTH WINCHESTER BOULEVARD
P.c. MEETING DATE: JULy 23, 1991
1. Construction to begin within one year of final approval.
2. Construction to be complete within one year of starting date.
NOTE: Above Development Schedule is a standard used by the Planning
Department when applicant has not submitted a schedule for his project.
CONDITIONS OF APV1"JV AL FOR
FILE NO. GP 90-04/ZC 90-13/PD 90-08
SITE ADDRESS: 3101 S. WINCHESTER BOULEVARD
APPLICANT: BRUCE BOWEN
PC MTG: JULy 23, 1991
EXHIBIT C
The applicant is hereby notified, as part of this application, that he/ she is required
to meet the following conditions in accordance with the Ordinances of the City of
Campbell and the State of California. The lead department with which at the
applicant will work is identified on each condition. Additionally, the applicant is
hereby notified that he/she is required to comply with all applicable Codes or
Ordinances of the City of Campbell and the State of California that pertain to this
development and are not herein specified.
SITE AND BUILDING DESIGN
1. Approved Project: Approval is granted to construct a 15,000 square foot retail
center, and a 4,000 square foot fast-food restaurant (no drive-through service)
on a 1.9 acre site, identified as Assessors Parcel Number 406-21-014.
Development shall be substantially as shown on the project material listed
below, except for additional landscaping replacing the drive-through area.
a. Project drawings for Winchester Boulevard/Hacienda Avenue retail
center proposed by Hagman Associates consisting of 4 sheets, dated by the
Planning Department on January 4, 1991, subject to additional
landscaping replacing the drive-through area.
b. Perspective drawing, dated January 15, 1990.
c. Use shall be limited to those uses permitted in a C-1 (Neighborhood
Commercial) Zoning District. Auto repair uses are prohibited. A
separate Use Permit review by the Planning Commission of the
operational characteristics of the restaurant use, is required.
2. Bus Duckout: Revised site plans indicating a bus duckout along Winchester
Boulevard frontage, in accordance with Santa Clara County Transit Authority
standards. (Planning)
3. Trellis Element: Revised landscaping plan indicating a trellis element at the
rear of the building, and shall meet all building code requirements.
(Planning)
4. Revised Site Plan: Applicant to submit a revised site plan indicating the
elimination of the drive-through area, and replacement with landscaping.
(Planning)
5. Fencing Plan: Fencing plan indicating location and design details for an 8 foot
high sound wall along the western/ southern property line and removing
existing fencing in the 25 foot setback area on Winchester Boulevard. Plans to
be submitted to the Planning department and approved by the Architectural
Review Committee prior to issuance of a building permit.
J:
CONDITIONSOFAh_~VALFOR
FILE NO. GP 90-04/ZC 9D-13/PD 90-08
SITE ADDRESS: 3101 S. WINCHESTER BOULEVARD
APPLICANT: BRUCE BOWEN
PC MTG: JULy 23,1991
page 2
6. PG&E Transformer 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 by the Planning Director.
7. Mechanical Equipment: All mechanical equipment on roofs and all utility
meters to be screened and approved by the Planning Director. Valving
necessary to connect Water District properties shall not be visible to the
center.
8. Architecture, Color Palette/Materials Board: Architectural elements, color
palette and materials board shall be submitted to the Planning Department
and approved by the Site and Architectural Review Committee, prior to
issuance of building permits.
9. Building Materials: Building materials shall consist of wood siding, with
brick trim, and a metal mansard roof as indicated on the elevations.
10. Driveway Relocation: Relocate driveway on Hacienda to 60 feet from westerly
property line. Restripe Hacienda Avenue between Winchester Boulevard
and Walnut Drive, as directed by the City Engineer. (public Works)
LANDSCAPING
11. Landscaping Plan: Landscaping plan indicating the type and size of plant
material and details of the irrigation system shall be submitted to the
Planning Department for review and approval, prior to issuance of building
permits.
a. All trees shall be a minimum of 24 inch box container size.
b. All shrubs shall be a minimum of 5 gallon container size.
c. Drive-through area, previously shown on site plan, shall be replaced
with a combination of ground cover, shrubs, and trees.
12. Landscaping in Public-Right-Way: Provide plans for landscaping and
irrigation within the pubic right-of-way to Public Works for approval. All
landscaping and irrigation within the public right-of-way shall be installed
and maintained by the development. (public Works)
CONDmONS OF APt ......ùV AL FOR
FILE NO. GP 90-04/ZC 90-13/PD 90-08
SITE ADDRESS: 3101 S. WINCHESTER BOULEVARD
APPLICANT: BRUCE BOWEN
PC MTG: JULY 23, 1991
page 3
13. Water Efficient Landscape Standards: The final landscape and irrigation plan
shall comply with the Citýs Water Efficient Landscape Standards (WELS). A
WELS checklist shall be submitted with the final landscape plan. (Planning)
14. Irrigation System: Landscaping plan indicating type and size of plant
material, and the location of irrigation system to be submitted to the Planning
Department including a 10 foot wide landscaping strip along a portion of the
western property line abutting the townhomes as redlined and approved by
the Site and Architectural Review Committee, prior to issuance of a building
permit.
15. Bond or Agreement: Applicant to either (1) post a faithful performance bond
in the amount of $5000 to ensure 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 agreement to be filed with the Planning Department prior to
application for a building permit.
STREET AND SITE IMPROVEMENTS
16. Parking and 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.
17. Signs: 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 and permit issued by Planning and Building Departments (Section
21.53 of the Campbell Municipal Code).
18. Soils and Geologic Report: A soils and geologic report shall be submitted to
the Planning and Public Works Departments for review and approval, prior
to issuance of building or grading permits. The soil will be checked
periodically for subsidence of water impacting the residents along Camden
Avenue and Winchester Boulevard and caused directly by the removal of the
percolation pond. The potential for off-site subsidence on the adjacent parcels
due to elimination of the percolation pond shall be evaluated in the project
specific soils and geologic report.
19. Soil Clearance: Soil clearance from Fire Department and County Health
Department. (Building)
20. Grading and Drainage Plans: Provide five copies of grading and drainage
plans for review by the City Engineer.
CONDmONS OF APPhJV AL FOR FILE NO. GP 90-04/Zc.. . J-13/PD 90-08
SITE ADDRESS: 3101 S. WINCHESTER BOULEVARD
APPLICANT: BRUCE BOWEN
PC MTG: JULY 23,1991
page 4
21. Bus Duckout and Shelter: Dedicate additional right of way, to construct a bus
duckout and shelter, as directed by the City Engineer, in accordance with
Transit District standards.
22. Lighting Plan: The applicant shall submit details of the location and type of
all on-site lighting for review and approval by the Planning Director, prior to
issuance of building permits.
23. Street Dedication: Dedicate additional land to widen Hacienda Avenue to 52
feet from center, Winchester Boulevard to 47 feet from center.
24. Street Improvements: Install standard street improvements on Winchester
and Hacienda.
25. Future Improvements: Construct standard street improvements along the
frontage of 481 Hacienda Avenue, in conjunction with street improvements
for the development. Developer may request a cost sharing agreement with
the City for the cost of the 481 frontage improvements. (Public Works)
26. Encroachment Permit: Obtain an excavation permit, pay fees and post surety
for all improvements within the public right-of-way.
27. Median Island/Access: The applicant shall construct a median island as
illustrated on the plans providing left turn access into the site from
Winchester Boulevard. The Hacienda driveway shall be designed to provide
adequate ingress and egress to the site. Left turns into the site from
westbound traffic on the Hacienda Avenue will be allowed. A Safety Pocket
shall be constructed on Hacienda Avenue. All improvements shall be
conducted as directed by the City Engineer. (public Works)
28. Sanitation District: Obtain clearance from Sanitation District to determine if
lines will accept discharge. (Building)
29. Storm Drain System: Show details for on site storm system. (Building)
30. Storm Drain Fee: Pay storm drain area fee of $2,250 per acre.
31. Concurrence of Santa Clara Valley Water District: Provide evidence of plan
approval by Santa Clara Valley Water District.
32. Construction Mitigation Measures:
a. Hours of construction shall be limited to 8 a.m. to 5 p.m. Monday -
Friday.
CONDmONS OF APPROVAL FOR
FILE NO. GP 90-04/ZC 90-13/PD 90-08
SITE ADDRESS: 3101 S. WINCHESTER BOULEVARD
APPLICANT: BRUCE BOWEN
PC MTG: JULY 23, 1991
page 5
b. The construction site shall be sprinkled with water as necessary, but not
less than twice per day, to control dust.
c. Haul Trucks and material stockpiles shall be covered.
d. The construction area and surrounding streets shall be swept as
necessary, but not less than once daily. (Planning)
UTILITIES
33. Utilities: Transformers shall be located as indicated. Alternative location
shall include landscaping to adequately screen apparatus from public streets.
34. Underground Utilities: Underground utilities to be provided as required by
Section No. 20.36.150 of the Campbell Muniåpal Code.
35. Underground Utility Locations: Plans submitted to the Building Department
for a plan check shall indicate clearly the location of all connections for
underground utilities including water, sewer, electric, telephone and
television cables, etc.
36. Building Occupancy: Building occupancy will not be allowed until public
improvements are installed.
PROPERTY MANAGEMENT
37. Garbage: 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, multiple apartment units, to all commercial, business,
industrial, manufacturing, and construction establishments.
38. Trash Collection: Hours for the collection of garage shall be reviewed by the
Planning Director. Trash collection hours shall be limited to daytime hours
(after 7:00 a.m.) to comply with noise level standards speåfied in the General
Plan.
39. Hours of Operation: Operation of any business within the subject center shall
be limited between the hours of 6:00 a.m., and 11 :00 p.m., daily.
40. Trash Containers: Trash containers of a size and quantity necessary to serve
the development shall be located in the areas approved by the Fire
Department. Unless otherwise noted, enclosures shall consist of a concrete
floor surrounded by a solid wall or fence and have self-closing doors of a size
specified by the FJ._ _ Department. All enclosures to bl Æstructed grade level
CONDITIONS OF APPROVAL FOR FILE NO. GP 90-04/ ZC 90-13/PD 90-08
SITE ADDRESS: 3101 S. WINCHESTER BOULEVARD
APPLICANT: BRUCE BOWEN
PC MTG: JULy 23, 1991
page 6
and have a level area adjacent to the trash enclosure area to service these
containers.
41. Property Maintenance: The property is to be maintained free of any
combustible trash, debris and weeds, unit the time that actual construction
commences. (Section 11.201 & 11.414, 1985 Ed. Uniform Fire Code). (Fire)
42. Retaining Walls: Retaining walls at property lines are limited to a height of
15 inches if constructed of wood. (Building}
PUBLIC SAFETY/WELFARE
43. Noise Report: The applicant shall provide a noise evaluation of all
mechanical equipment and demonstrate that noise levels can be reduced
below the ambient noise level measured on the residential side of the
westerly property line. The noise report shall be reviewed by the Planning
Director.
44. Handicapped Requirements: Applicant shall comply with all appropriate
State and City requirements for the handicapped. Handicapped parking so
located that a handicapped person is not compelled to wheel behind parked
cars other than their own. Primary entrance(s) handicapped accessible.
45. Fire Sprinklers: The 14,000 square foot retail center shall be fully automatic
fire sprinklered, meeting NFP A #13 requirements. (Fire)
46. Occupancy Requirements: The 4,000 square foot fast-food restaurant shall
comply with all requirements for A-3 occupancy use at time of plans review.
(Fire)
47. Alley Access: Public access to the separation between the retail building and
the sound wall located along the property line shall be prohibited through
installation of a gate. Emergency access locks shall be installed to permit
access by public safety personnel. (Planning/Fire)
48. Dumpster Enclosure: Provide fire sprinkler protection to dumpster enclosure
within five (5) feet of any building or combustible roof overhang. (Fire)
49. Code Requirements: Comply with current adopted Codes and State Title 24
law. (Building)
50. County Health Department Clearance: Obtain clearance from County Health
Department. (Building)
CONDITIONS OF APPROVAL FOR
FILE NO. GP 90-04/ZC 90-13/PD 90-08
SITE ADDRESS: 3010 S. WINCHESTER BOULEVARD
APPLICANT: BRUCE BOWEN
PC MTG: JULy 23, 1991
page 7
51. Fire Walls: West and southwest property line walls must be a minimum of 1
hour fire resistive constriction, with no openings. Parapets required these
locations. UBC Table SA. (Building)
52. Storage Areas: Storage areas in excess of 3,000 square feet require one hour
occupancy separation (V-sprinklered) from retail areas. UBC 702 (b).
(Building)
PERCOLATION POND
53. Percolation Pond: Applicant to supply an agreement satisfactory to the City
Attorney, ensuring relocation of the percolation pond.
(
CITY OF CAMPBELL
70 NORTH FIRST STREET
C AMP 8 ELL, C A L I FOR N I A 9 5 0 0 8
(408) 866-2100
FAX # (408) 379-2572
Department:
Planning
July 19, 1991
Mr. Larry Pedersen
President, A Tool Shed, Inc.
2144 O'Tolle Avenue
San Jose, CA 95131
RE: Letter, dated June 28, 1991, 3101 South Winchester Boulevard
Dear Larry:
Thank you for your letter of June 28, 1991, wherein you expressed your
position regarding the future development of the percolation ponds located at
the southwest corner of West Hacienda and Winchester Boulevard. A copy
of your letter has been included in the Planning Commission packet for this
item, so that they may consider your position in their recommendation to the
City Council for this project. The Staff Report for this project is enclosed for
your information.
The sale of this property by Santa Clara Valley Water District to Ainsley
Development is contingent upon the replacement of the percolation facilities
which are currently on this site, with new percolation facilities along
Sunnyoaks Avenue.
Your letter of June 27, 1991, addressed to Julie Garvey, Environmental
Analyst for Santa Clara County Transit Agency requests that the agency
investigate a number of alternative sites for a park and ride lot in conjunction
with the Vasona Corridor Light Rail extension. The preparers of the Draft
Environmental Impact Report will be responding to your letter with the
preparation of the final environmental document.
H you should have any questions regarding the above information, please do
not hesitate to give me a call at (408) 866- 2141.
Steve Piasecki
Planning Director
Enclosures: Staff Report
AINSLEY
~ DEVELOPMENT, INC.
July 17, 1991
~r. Steve Piasecki
Planning Department
CITY OF CAMPBELL
70 North First Street
Campbell, CA 95008
RE: 3101 SO. WINCHESTER BLVD.
Dear Steve,
The purpose of this letter is to inform the Planning Department that the following changes
and/or additions shall be included with Ainsley Development's application for the above-referenced
property:
1) With regard to the restaurant site, the drive-through portion shall be eliminated.
2) Pursuant to the City's Site and Architectural Committee suggestion as well as the request
of the surrounding neighbors, a lattice with vine growth at the rear of the retail buildings
shall be incorporated with Ainsley's existing landscape plan for the project.
Thank you for your attention to this matter. Should you have any questions or require
additional information, please do not hesitate to contact me at (408) 379-1117.
Sincerely,
AINSLEY DEVE}~~QP ENT, INC.
..,,- --;/ )
./
/
Jeffery L. Wyatt
Vice President
JLW /jl
347 EAST CAMPBELL AVENUE, CAMPBELL, CA 95008 . 408/379-1117
P.O. BOX 7583, SAN JOSE, CALIFORNIA 95150
Planning Commission Minutes
2. GP 90-04/
ZC 90-13/
PD 90-08
Bowen, B.
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PL,ANf.iiNu
16
July 9, 1991
Continued Public Hearing to consider the application of
Mr. Bruce Bowen, on behalf of Ainsley Development, Inc.,
for approval of a General Plan amendment from
Public/Semi-Public to Commercial; approval of a Zone
Change from PF (public Facilities) to PD (Planned
Development); and, approval of a Planned Development
Permit to allow a 15,000 square foot retail center and a 4000
square foot fast-food drive-through restaurant, on
property located at the southwest corner of Hacienda
Avenue and Winchester Boulevard (3101 South
Winchester Boulevard)
Vice Chair Fox read the application into the record.
Mr. Steve Piasecki, Director of Planning, informed the Commission that Mr.
Bowen has requested a continuance to address concerns of the surrounding
neighbors. However, staff recommended that a public hearing be opened to
receive testimony.
The Vice Chairperson continued the Public Hearing.
Public Discussion
Mr. Rollins Cushman, 1274 Walnut Drive, expressed opposition due to the
following:
· Legal questions regarding flood control, public bid process required by the
State, City, and Federal government, and laws regarding property
condemnation process.
· Use of the property, Le., park use.
· Possible legal action by West Parr Homeowners Association.
· Improper Negative Environmental Impact Report.
· Health issues.
Commission Discussion
There was no Commission discussion.
MOTION:
On motion of Commissioner Dougherty, seconded by
Commissioner Perrine, it was unanimously ordered that the
Public Hearing be continued to the next regularly scheduled
Planning Commission meeting of July 23, 1991.
.... ..
ITEM NO. 2
STAFF REPORT - PLANNING COMMISSION MEETING OF JULY 9, 1991
GP 90-041
ZC 90-13/
PD 90-08
Continued Public Hearing to consider the application of Mr.
Bruce Bowen, on behalf of Ainsley Development, Inc., for
approval of a General Plan amendment from Public\Semi
Public to Commercial; approval of a Zone Change from PF
(public Facilities) to PD (planned Development); and, approval
of a Planned Development Permit, to allow a 15,000 square foot
retail center and a 4,000 square foot fast-food restaurant, on
property located at the southwest corner of Hacienda Avenue
and Winchester Boulevard (3101 South Winchester
Boulevard).
STAFF RECOMMENDATION
That the Planning Commission take the following action:
1. OPEN THE PUBLIC HEARING and receive testimony.
2. GRANT THE APPLICANT'S REQUEST AND CONTINUE THE
APPLICATION to the Planning Commission meeting of July 23,
1991, to allow the applicant additional time to revise site plans and
to provide additional traffic information.
BACKGROUND
This item was before the City Council on March 5, 1991. A number of issues
were raised including development impacts on adjacent residential uses, the
environmental assessment, and traffic impacts. The City Council referred the
item back to the Planning Commission to address these issues.
To date, most of these issues have been resolved. The outstanding items will
be submitted and reviewed by Staff. Additionally, the applicant has met with
the neighbors on several occasions to resolve issues regarding the drive-
through restaurant, and mitigation of potential impacts. The application will
be modified to address these issues.
PROPOSED CHANGES
The following changes will be reflected in the site plan and information
supplied to the Planning Department prior to the Planning Commission
meeting of July 23, 1991.
1. Revised Site Plan: A revised site plan, indicating the elimination of the
drive-through restaurant, and addition of landscaping in the drive-
through area.
Staff Report
3101 South Winchester Boulevard
page two
2. Trellis Element: A trellis element will be added to the rear of the
building, and connected to the 8 foot high soundwall, to improve
appearance when viewed from the townhome development and the
adjacent office development. Ivy will be added on the trellis.
3. Traffic Information: The traffic consultant will be providing a graphic
illustrating the distribution of trips and routes taken to and from the
center.
4. Traffic Improvements: A revised site plan will be submitted indicating
proposed traffic improvements, including left turn channelization on
Winchester Boulevard, safety pocket on Hacienda Avenue, a bus
duckout, and a revised driveway location on Hacienda Avenue.
SUMMAR Y/RECOMMENDA TION
Due to the latest developments related to this project, the applicant requests
additional time to supply information on traffic improvements and revised
site plans. The applicant has indicated that the information will be available
by the Planning Commission meeting of July 23, 1991. Staff supports
elimination of the drive-through restaurant. Staff is supportive of the
applicant's request for a continuance to the July 23, 1991, Planning
Commission meeting. The neighbors within the 300 foot mailing list have
been notified of the continuance.
Attachments:
1. Applicant's letter
2. Location Map
Submitted by: Gloria Sciara
Planner I
Approved by: Steve Piasecki
Planning Director
Planning
July 3, 1991
NOTICE OF CONTINUATION PUBLIC HEARING
RE: Continuation of Public Hearing
Continued Public Hearing to consider the application of Mr. Bruce Bowen, on
behalf of Ainsley Development, Inc., for approval of a General Plan
amendment from Public/Semi-Public to Commercial; approval of a Zone
Change from PF (Public Facilities) to PD (planned Development); and,
approval of a Planned Development Permit to allow a 15,000 square foot retail
center and a 4000 square foot fast-food drive-through restaurant, on property
located at the southwest corner of Hacienda Avenue and Winchester
Boulevard (3101 South Winchester Boulevard). A Negative Declaration has
been prepared for this proposal. APN: 406-21-14, Planning Department File
Nos. GP 9D-04/ZC 90-13/PD 90-08.
Dear Resident:
In reference to the above application, please be advised that the applicant,
Ainsley Development, Inc., is requesting a continuance of the Public Hearing
to July 23, 1991, Planning Commission.
The applicant is requesting a continuance in order to resolve outstanding
issues regarding the site development. Should you have any questions,
please contact the Planning Department at (408) 866-2140.
Sincerel y,
Steve Piasecki
Director of Planning
PLEASE NOTE:
This notice serves as a Public hearing Notice for the
regularly scheduled Planning Commission meeting,
scheduled for July 23, 1991, at 7:30 p.m., in the City Council
Chambers, 70 North First Street, Campbell, California.
cc: Bruce Bowen, Ainsley
EQUIPMENT
.. I
RENTALS
"THE RENTAL PLACE"
· CORPORATE OFFICE AND MAINTENANCE FACILITY
SAN JOSE. CA 95131 . 2144 O'Toole Avenue . (408) 435-1263
· EaUIPMENT RENTAL CENTERS
CAMPBELL, CA 95008 . 900 Dell Avenue . (408) 378-4921
MILPITAS. CA 95035 . 1300 South Main Street . (408) 263-7368 (RENT)
MORGAN HILL. CA 95037 . 17130 Depot Street . (408) 779-7368 (RENT)
· PARTY RENTAL CENTERS
LOS GATOS CA 95030 . 553 North Santa Cruz Avenue . (408) 395-7789 (PRTY)
SAN JOSE. èA 95128 . 910 Town and Country Village . (408) 248-7789 (PRTY)
June 28, 1991
Steve Piasecki, Planning Director
Campbell Planning Commission
70 North First Street
Campbell, CA 95008
SUBJECT: CORNER OF WINCHESTER AND HACIENDA
GP 90-04 / ZC 90-13 / PD 90-08 Bowen, B.
3101 South Winchester Boulevard
Dear Steve:
I am forwarding to you the letter I sent to the Santa Clara County
Transportation Agency concerning the use of our property at 900 Dell Ave.
for the proposed San Tomas park-and-ride lot on the Vasona Corridor.
think the letter is self-explanatory and alludes to my position of
opposition to a.ll.¥.. development on this corner at this time. With the
Highway 85 interchange at Winchester and the need for park-and-ride lots
and stations along the Vasona Corridor, land use from Old Camden to Lark
Ave. should be viewed with long term implications with the needs of the
community at the forefront.
was in attendance at the meeting on June
25, 1991, but because of continuing problems with the proposed
development it has been continued to the July 9, 1991 meeting. I will be
A Family Business Since 1945
out of town on that date and will be unable to attend the meeting and
present my position at the public hearing. Your careful consideration in
this matter will be gratefully appreciated. If you have any questions
please feel free to call me at my office 944-0725 or my home 353-2146.
Thank You.
Respectfully,
Larry H. Pedersen
President
A Tool Shed, Inc.
EQUIPMENT
.. .
RENTALS
"THE RENTAL PLACE"
· CORPORATE OFFICE AND MAINTENANCE FACILITY
SAN JOSE. CA 95131 . 2144 O'Toole Avenue. (408) 435-1263
· EOUIPMENT RENTAL CENTERS
CAMPBELL, CA 95008 . 900 Dell Avenue . (408) 378-4921
MILPITAS, CA 95035 . 1300 South Main Street . (408) 263-7368 (RENT)
MORGAN Hill, CA 95037 . 17130 Depot Street . (408) 779-7368 (RENT)
· PARTY RENTAL CENTERS
LOS GATOS. CA 95030 . 553 North Santa Cruz Avenue . (408) 395-7789 (PRTY)
SAN JOSE, CA 95128 . 910 Town and Country Village . (408) 248-7789 (PRTY)
June 27,1991
Julie Garvey, Environmental Analyst
Santa Clara County Transportation Agency
1570 Old Oakland Road, Suite 203
San Jose, CA 95131
SUBJECT: RESPONSE TO VASONA CORRIDOR DRAFT ENVIRONMENTAL
IMPACT REPORT (DEIR)
Dear Ms. Garvey:
My name is Larry H. Pedersen and I am the President and CEO of A Tool
Shed, Inc., located at 900 Dell Ave., in the City of Campbell. This is the
site of a proposed park and ride lot known as the San Tomas park-and-ride
lot in the DEIR dated May, 1991. I also represent my mother-in-law
Geneva D. McGeorge, who in 1945 with her husband Robert W. McArdell,
founded our company. She currently serves as Chairperson of the Board
and owns the property in question. I also have three sons and a daughter-
in-law working in the business. In addition to family members we also
employ about 75 full time people throughout our locations in the county.
At this time we have four full service Equipment Rental centers and three
Party Rental stores. We have an annual g'ross revenue of about $5 million
of which 50% is derived from our Campbell location. Therein lies the
problem.
WHY DELL AVENUE?
In the early Fifties we opened a branch loçation at 2420 South Winchester
in Campbell next to Saint Lucy's Catholic Church. We were not compatible
neighbors. Between their parking needs and our noise we :spent almost
twenty years glaring at each other, especially on Sunday. 'In the early
A Family Business Since 1945 .
.¡ '-
Seventies we had the opportunity to buy the property we were on or the
piece next door, now a garden center, or the Dell Ave. site. Working with
the City of Campbell staff it was decided that the Dell Ave. site would be
the best location for our type of business. They were so right! Some of
their concerns at the time were noise, slow moving vehicles entering and
leaving our business, and appearance. We are now located in a hollow with
the San Tomas Expressway to our back (our noise is minimal compared to
it) on a slow traffic street (two 90 degree corners see to that) surrounded
by mature: trees and ground cover so thick that we can not be seen from
the street level. We dedicated 30% of our property for landscaping, looks
great now! It is because of the above that we have not sold the property
or developed it for some other use and tried to relocate the rental center.
We have had ample opportunities to do both and at a handsome profit I
might add. Relocation is suggested in the DEIR as a possibility. There is
very little property available with the proper zoning in the city limits of
Campbell. The city is in the process of expanding their redevelopment
area by about 100 acres and it may have the proper zoning and a spot for,
us, but this is just conjecture with no guarantees and many uncertainties.
Even after all is said and done, and perhaps a site is identified, could the
problems of noise, traffic, appearance, and being a good neighbor be
overcome? In today's environment, I think not!
OTHER SITES
It is stated in the DEI R that there are no other sites in the vicinity which
could be used for the park-and-ride lot without a similar land use impact.
In other words, alternative sites would also require the relocation of
existing businesses or residences or both. I disagree with this statement
and have identified three parcels that would have little or no impact and
could perhaps even benefit the project. I have identified them as the park-
and-ride lot called WINCHESTER/HACIENDA (Exhibit A), SUNNYOAKS
(Exhibit B), and WINGHESTER/OLD CAMDEN (Exhibit C).
WINCHESTER/HACIENDA
This, in my opinion., is the most logical location for the proposed, park-and.
ride lot. It is only 500 yards south of my property and (here comes the
best part)· is already owned by the cç>unty taxpayers in the form of the
Santa Clara Valley. Water District and it is directly across the street from
the proposed Hacienda Station. It is a dysfunctional percolation pond of
1.95 acres (about the same size as my property) and has been o,n the
county surplus property roll for years. It is a fully signaled intersection
with improved sidewalks and crosswalks already in place. It has an
improved County Transit bus stop in place and it is in close proximity to
high density housing and industrial jobs, a hospital and the Santa Clara
Clara County Municipal Court. It also has the potential for expansion in
that the Santa Clara Valley Water District also owns several acres of
percolation ponds across the street (Exhibit D) which may at some future
date become dysfunctional or surplus. The only problem that I can see
with this piece of property is that everyone seems to want to do
something :with it now after it has sat fallow for all these years. A
developer, the City, and the Water District are currently trying to put
together a package that would include a 15,000 square foot retail center
and a 4000 square foot fast-food drive-through restaurant on this
property. It has been stalled because the developer is having a problem
with neighborhood acceptance of his project. I concur with their
objections. The project was removed from the Campbell Planning
Commission Agenda on June 25, 1991 and postponed until July 9, 1991 so
that the developer could try and deal with the objections to his project. It
is tentatively scheduled to be heard by the City Council on July 16, 1991.
I urge immediate dialogue between the Santa Clara County Transportation
Agency and all parties involved in this ideal potential park-and-ride lot.
SUNNYOAKS
This may be my second choice, but it also has a lot going for it. The best
part is that part of it has already been identified (with my property) as
the San Tomas park-and-ride lot. It is the 1 acre parcel of bare land next
to the San Tomas Expressway on the other side of me. It adjoins a Public
Storage lot of 2.60 acres. The investment theory behind Public Storage is
one of long term speculation. Public Storage identifies a bare piece of
property in an area that has a long term potential for appreciation, :forms
a group of investors, develops the storage lot, distributes returns to its
investors from rents and depreciation and finally from the SALE OF THE
PROPERTY for a higher and better uS,e! If more property is needed at
some future date a single family home with about 1.5 acres also adjoins
this property and perhaps an amiable agreement could be reached with
that property owner.
WINCHESTER/OLD CAMDEN
This is the former site of Campbell Lumber Company and sat vacant and
undeveloped for many years. It is ironic that this site, the best by far,
was the first choice by the Santa Clara County Transportation Agency for
a park-and-ride lot in this area. It is a 4.29 acre site with some empty
shells for structures sitting on it and is now known as the Campbell
Business Park. These are true shells. They are primarily wood and glass
in construction with bare unfinished walls. They have; no services such as
air conditioning, heat, plumbing, or electrical. It is empty and FOR SALE!
It is possible that one of the buildings could be used as an inclosed station
with some services such as food :or recreation and be a real asset to the
Santa Clara County Transportation Agency especially during periods of
inclement weather (that's rain, in case you've forgotten). Remember from
1987 -89 this was your first choice and it is still a viable option.
SUMMARY AND CONCERNS
At the public meeting on June. 6, 1991, I spoke briefly about how
important our Campbell location was to us and the community. I would
like to reiterate some of those points. We were the first to bring the
concept of equipment rental to Santa Clara County in 1945. We have been
an integral part of the changing land use of this valley. Our first
customers were the ranchers, orchardists, and farmers. Then came the
housing tracts. Homes by the hundreds, all needing streets, utilities,
lawns, fences, patios and pools. Then the jobs. Irs like reading a list
from the Fortune 500. There was Ford, General Motors, IBM, Lockheed,
SLAC, Container Corporation, Westinghouse, GE, Accent, FMC and the list
goes on. How can I forget the shopping malls and all the schools and
colleges the freeways and the expressways. We were there. Then came
decay and redevelopment, even earthquakes and fires. New jobs and new
challenges. High technology and high rises, even a trolley! They all had to
be built and we were there. The Campbell store represents 50% of our
business and is the corner stone of that business. I cannot envision A Tool
Shed, Inc. without that location. In Campbell alone we serviced over
60,000 customers in 1990. That is almost twice the population of
Campbell. We . are the last full service equipment rental cen,ter in West
)
Santa Clara County. I think our leaving would definitely be a significant
impact. Finally I would like to say that in your guide called "YOUR RIGHTS
and BENEFITS' as a DISPLACEE UNDER the UNIFORM RELOCATION
"¡ }.
ASSISTANCE PROGRAM my situation is not addressed and I' really don't
know where I stand at this time. I do know that you hold in your hands the
future that four generations of my family have spent their lives working
for. Please be gentle with it for it's all we have.
Respectfu lIy,
~
Larry H. Pedersen
President
A Tool Shed, Inc.
Santa Clara Valley Water District
5750 ALMADEN EXPRESSWAY
SAN JOSE, CALIFORNIA 95118
TELEPHONE (408) 265-2600
FACSIMILE (408) 266-0271
AN AFFIRMATIVE ACTION EMPlOYER
June 27, 1991
Mr. Steve Piasecki
Director of Planning
City of Campbell
70 North First Street
Campbell, CA 95008
1& æ (fn Œ: fl \If rt f{J
JIJN 27 1991 IJl)
CrT'\¡ Or-
PLAI\¡NJ'''r:: (;;'\1..1 P a-,
.~- [)Ep · L....L
A.~ìME:Nr
Dear Mr. Piasecki:
As per your request, this is in response to concerns raised by neighboring property owners
regarding the development of the southwest comer of Hacienda A venue and Winchester
Boulevard. Specifically, the issues you mentioned related to the percolation rate of the existing
pond and the potential for subsidence on adjacent properties if the pond is filled with soil. This
pond does not percolate as well as other ponds within this system. The water level in this pond
generally drops about one third of a foot per day. In comparison, the water level in the ponds
north of Hacienda Avenue generally drops about 2 feet per day. Based on soil conditions in the
area of the proposed new pond at the end of Capri Drive, we expect a percolation rate similar
to that of adjacent ponds or a drop in water level of 2 feet per day.
/
The other issue raised was a concern for localized subsidence if the existing pond is no longer
used and is backfilled with soil. The soil in this area generally consists of a granular mixture
of cobbles, gravel, sand and silt which allows for the percolation of water into the underground
aquifer. Water does not percolate well through clay. Subsidence occurs in areas underlain by
alternating layers of granular material and layers of clay. When water is pumped or removed
from an aquifer underlying a clay layer, water, over time, seeps from the clay layer as it
essentially "dries out." When the clay layer "dries", it compresses and subsidence occurs.
The filling of the pond with soil will not adversely affect neighboring properties. The water
in the pond or that which percolates into the ground at this location does not provide any support
to neighboring lands. The adjacent land likely consists of the same granular material as the pond
site, and any localized presence of subsurface clay would be insignificant with respect to
subsidence.
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Mr. Steve Piasecki
2
June 27, 1991
Hopefully, this adequately addresses the concerns voiced by neighboring property owners. Any
further questions or concerns may be referred to Sue Tippets at Extension 253.
Sincerely,
kíý~
rr W. F. Carlsen
Division Engineer
Design Coordination Division
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462 Hacienda Ave.
r:JL.t.NNING DEPARTMENT
Campbell, Ca. 95008
July 26, 1991
~!TY OF C,,:;'¡<':, , .~':LL
Planning Commission
Re:GP 90-04;ZC 90-13;PD90-08
3101 So. Winchester Blvd.
70 No. First Street
Campbell, Ca. 95008
To: All Planning Commission Members
I oppose the request to amend the General Plan, Zoning
Code and Planned Development for the property located at 3101
So. Winchester Blvd~ Approval of the proposed project must be
supported by substantial Engineering data. A complete review of
the Administrative record available at the Planning Commission
Office fails to address all of the critical Engineering and
~
Environmental issues raised by the request referenced above.
The fo~lowing briefly lists several of the key issues
for which no adequate record has been presented to the Planning
Commission. These issues are as follows:
1.Elimination of the property dedicated for Public Use
without adequate legal assurances that the replacement project
can be completed.
2. Failure to document the impacts to the Water Tables
caused by the fill of the Percolation Ponds.
3. Failure to document, with legal assurances, that
garbage pick-up will NOT occur at 3:00 A.M. or some other post
mid-night hour.
4. a) Failure to document correctly what impact the
additional traffic will have on the immediate vicinities of
Hacienda Ave., So. Winchester Blvd., Walnut Drive and our own
private street driveway. Not properly addressed are: U-turns on
Hacienda Ave., improper or illegal use of our private driveway,
grid lock on the corner of Hacienda Ave and Winchester Blvd. as
well as Hacienda Ave. and Walnut Drive.
b) Failure to document, with an adequate study, the
impact fo the Santa Fe train using the tracks parallel to
Winchester Blvd., bringing Winchester Blvd. and Hacienda Ave.
traffic to a COMPLETE stop until the train passes.
5. Failure to address and document the effect of the
excessive number of cars that will use our PRIVATE driveway,
whlie our Homeowners' children play on Their own private property.
6. There will be an area five (5) foot wide, the
length of the property, that will be fenced in on one side by
an eight (8) foot high Concrete fence, the other side will be the
back of the retail stores. This is required by City of Campbell law.
This presents an area where potential crimes can be committed
because it is totally enclosed, leaving our Homeowners vulnerable
to robberies, burglaries and worse.
Until an adequate record is developed and submitted,
this project should not go forward.
Further, I reserve the right to send you additional
protests in this matter, as I become aware of other problems
Page 2
and / or the review of existing documents show Engineering or
Legal deficiencies.
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BRYAN INVESTMENT COMPANY
------.
\June 26, 1991
City of Campbell
Planning Commission
70 North First Street
Campbell, CA 95008
Attn: Steven Piasecki,
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In reference to the above mentioned development application by Ainsley ~Nr
Development, Inc., I would like to address some of the concerns I have for
this proposed commercial development. I direct my comments to you as the
property owner of 3165 and 3175 S. Winchester Blvd. (APN 406-21-016, 406-
21-017 and 406-21-019), located adjacent to and immediately south of the
subject property.
City Planner
RE: File #GP 90-04; ZC 90-13; PO 90-08
3101 S. Winchester Blvd., Campbell
Dear Commissioners:
On June 20, 1991, I reviewed the Planning Department's files on this matter.
The following summarizes some of the concerns and questions I have pertaining
to Ainsely Development's application:
1. Building Set-Back - A review of file plans show that there is
approximately a five-foot set-back between the common property
line for both parcels and the proposed commercial building. The
City of Campbell, Santa Clara Valley Water District and Ainsley
Development should be aware that the existing precast masonry wall
does not delineate the property line between 3101 and 3165 S.
Winchester Blvd. When my property was developed in the mid 1980's,
the City of Campbell required the construction of a 7'-0" high wall
with footings clear of the property line. Therefore, it is
important for the City and Ainsley to know exactly where the property
line is and to measure the set-back from that point.
Also, I would prefer that this set-back area not be used as a service
walk and that the general public not have access to this area. In
addition, this set-back area should be walled-off to any public
access from the Winchester Blvd. side.
In addition, the street set-back for this development should not be
less than that required for my building, so as not to impair the
view of my building from southbound Winchester Blvd. traffic.
2. HVAC / Mechanical Equipment - The current plans do not detail the
proposed enclosure and screening of roof-top mechanical equipment.
Since the proposed developments roof will be visable from the
second-floor windows of my building, I ask that full enclosure and
screening of mechanical equipment be mandated for this project.
5450 Thomwood Drive · Suite G · San Jose · CA · 95123 · (408) 972-1401
June 26, 1991
City of Campbell
Page Two
3. Environmental Impact Report dated 10-24-90 - Item 3, Water, (b) _
"Change of absorption rates, drainage problems or the rate and
amount of surface runoff". During a discussion with Ms. Gloria
Sciara, City Planner, I questioned whether the change in the use
of subject property from a perculation pond/groundwater recharging
site to a filled and improved parcel would cause a subsidence of
ground levels to surrounding properties, due to the change in
groundwater levels and ground moisture content. I was assured by
Ms. Sciara that the necessary tests and analysis had been performed,
that City engineers, geologists and hydraulists had been consulted
and that no adverse effects on adjoining properties would occur.
As the property owner of 3165 and 3175 S. Winchester Blvd., I am
relying on City Staff's assurances that proper due diligence was
given to this matter.
If you should have any questions or need additional information about any of
the concerns expressed herein, please don't hesitate to contact me. Your
attention to these matters is appreciated.
RAB:rb
cc: Ms. Judy Heber
Force Computers
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ITEM NO. 3
STAFF REPORT - PLANNING COMMISSION MEETING OF JULY 23, 1991
GP9G-04/
ZC 90-13/
PD 90-08
Continued Public Hearing to consider the application of Mr.
Bruce Bowen, on behalf of Ainsley Development, Inc., for
approval of an amendment to the Land Use Element of the General
Plan changing the property from Public \ Semi Public to
Commercial; approval of a Zone Change from PF (Public Facilities)
to PD (Planned Development); and, approval of a Planned
Development Permit, to allow a 15,000 square foot retail center and
a 4,000 square foot fast-food restaurant, on property located at the
southwest corner of Hacienda Avenue and Winchester Boulevard
(3101 South Winchester Boulevard).
STAFF RECOMMENDA nON
Tha t the Planning Commission take the following action:
1. RECOMMEND that the City Council GRANT the Negative Declaration that
has been prepared for this project.
2. ADOPT A RESOLUTION recommending that City Council approve the
amendment to the Land Use Element of the General Plan changing the
property from Public \ Semi Public to Commercial, incorporating the attached
findings, subject to the conditions of approval;
3. ADOPT A RESOLUTION recommending that the City Council approve a
zone change from PF (public Facilities) to PD (Planned Development),
incorporating the attached findings, subject to the conditions of approval;
4. ADOPT A RESOLUTION recommending that the City Council approve a
Planned Development Permit to allow development of a 15,000 square foot
retail building, and a 4,000 square foot fast-food restaurant, incorporating the
attached findings, subject to the conditions of approval
BACKGROUND
This item was before the City Council on March 5, 1991. A number of issues were
raised including development impacts on adjacent residential uses, the
environmental assessment, and traffic impacts. The City Council referred the item
back to the Planning Commission to address these issues.
The applicant has conducted a number of neighborhood meetings to discuss the
development and mitigate the concerns of the neighbors. Based upon these
meetings and input from the Planning Staff, the applicant has eliminated the
drive-through portion of the restaurant, adjusted trash enclosure location and
enhanced the landscape areas.
Staff Report for July 23, 1991
3101 South Winchester Boulevard
page two
APPLICANT'S PROPOSAL
The applicant is requesting a General Plan Amendment, Zone Change, and a
Planned Development Permit to allow the development of the 1.9 net acre site
consisting of a 15,000 square foot retail building and a 4,000 square foot fast food
restaurant. The project site is located at the southwest comer of Hacienda Avenue
and Winchester Boulevard.
PROTECT DATA
Gross Area:
Net Area:
Floor Area:
Heigh t:
Building Coverage:
2.59
1.87
15,000 sq. ft. retail - 4,000 sq. ft. restaurant
26 feet
22%
Parking:
Required
125 spaces
Provided
120 spaces
Percentage of Landscaping:
26 %
PLAN MODIFICA nONS
Revised Site Plan: The retail building was moved easterly providing a 25
foot setback on Winchester Boulevard creating a consistent setback with the
adjacent office building setback, and providing additional publicly visible
landscaping.
Landscaping: Additional landscaping will replace the driveway portion of the
drive-through area being eliminating.
Trellis Element: A trellis element will be added to the rear of the building,
and connected to the 8 foot high soundwall.
Trash Enclosures: One of the trash enclosures was relocated to the center of
the site oriented closer to Winchester Boulevard, in front of the retail
building to reduce noise levels associated with trash collection.
MATOR ISSUES
Public:
a.
b.
Hours of operation.
Traffic volumes and impacts to surrounding residential development.
Staff Report for July 23, 1991
3101 South Winchester Boulevard
page three
Staff:
a.
c.
Noise assoåated with the activity of the restaurant including trash
collection.
Fast-food restaurant and the drive-through element.
d.
b.
Compatibility of a drive-through restaurant in proximity to the
residential uses in the area.
Adequate traffic measures to minimize neighborhood cut-through
traffic.
Safety of turning movements.
Adequate access to the site.
Analysis of existing and proposed noise levels.
Appropriateness of the development for the site and to encourage future
redevelopment of surrounding commercial areas.
c.
d.
e.
f.
City Council:
a. Adequacy of the environmental assessment.
b. Developer meet with surrounding neighborhood residents to attempt to
resolve issues.
c. Assurances that percolation pond would be relocated.
ENVIRONMENTAL ANALYSIS
The major environmental and development issues indicated by the City Council
that needed clarification include:
Noise: The applicant was instructed to prepare a noise study analyzing
existing and future ambient noise levels, maximum single event Ll0 noise
levels (levels exceeded 10% of the time) of mechanical equipment, parking lot
activity, trash collection and general noise impacts of the restaurant.
Noise level standards indicated in the General Plan for residential exterior
areas are:
1. Day time (7:00 a.m. to 9:00 p.m.), Ll0-60 dBA, L50-55 dBA.
2. Evening (9:00 p.m. to 7:00 a.m.), LlO-SO dBA, LSO-45 dBA.
Conclusion: The noise report concludes that the project will reduce existing
ambient or background noise levels by the adjacent residential parcels (see
pages 1 - 2, of Addendum to the Noise Assessment Study, dated April 30, 1991
in Environmental Impact Assessment). Sound attenuation is achieved by the
retail building screening the adjacent townhomes and the installation of an 8
foot soundwall along the western and southern property line. Trash
collection could have potential to significantly exceed the LID evening noise
levels specified in the General Plan
Staff Report for July 23, 1991
3101 South Winchester Boulevard
page four
by 6-16 dBA, if no mitigation measures are utilized.
Mitigation Measures: One trash enclosure has been relocated. Trash
collection times for commercial properties abutting residential properties are
regulated by a franchise agreement between the City and Green Valley
Sanitation Company. Section I of the agreement indicates that commercial
properties adjoining residential areas shall schedule trash collection ~es,
through mutual agreement between the City and sanitation company. Green
Valley Sanitation has indicated that the site would be serviced after 7:00 a.m.,
due to commercial trash collection scheduling currently in effect for
commercial properties in the area. Trash collection hours are made a
condition of approval so that future collection times will not exceed evening
noise levels indicated in the General Plan.
TRAFFIC
The Traffic Consultant was required to review potential impacts of traffic on the
adjacent townhome development on the surrounding area, the number of U-
turns at the Walnut Drive and Hacienda Avenue, and the adequacy of Hacienda
Avenue and Winchester Boulevard capacity to carry the project traffic.
Conclusion: The traffic consultant has provided supplemental information
to the original traffic report. Projected traffic volumes associated with the
development are:
1. Evening peak hour trips: 239
2. Morning peak hour trips: 240
3. Noon peak hour trips: 416
Both Winchester Boulevard and Hacienda A venue are sufficient size to carry the
project traffic. With the commercial development, the level of service will be
(LOS) D during peak p.m. hours at the Hacienda/Winchester intersection. The
westbound approach on Hacienda A venue will operate at (LOS) B (see page 6
Traffic Study, dated December 7, 1990, in Environmental Impact Assessment).
These levels are considered acceptable to the City Traffic Engineer. Sufficient street
improvements are incorporated into the traffic study to accommodate project
traffic.
Mitigation Measures: Left turn safety pocket will be installed on Hacienda for
traffic exiting the site and proceeding westbound. The traffic report
recommends left turn lane prior to the Walnut/Hacienda intersection to
provide access to the townhome development, no U-turns will be permitted
at the townhome driveway. A channelization lane will be installed on
Staff Report for July 23, 1991
3101 South Winchester Boulevard
page five
Winchester Boulevard, allowing left turns into the site, and a barrier preventing
left turns out of the site from the Winchester Boulevard driveway.
PERCOLA nON POND RELOCA nON
An issue was raised regarding the displacement of the percolation pond and the
loss to the water table. The Santa Clara Valley Water District (SCVWD) supplied
information stating that the current recharge rate is 1/3 foot per day. Normal
recharge rates are approximately 2 feet per day. The Water District Offidals
indicate that they do not believe the recharge rate can be significantly enhanced
with surface repairs.
Conclusion: The percolation pond is not functioning near normal capadty.
Therefore, the elimination of the percolation pond will not significantly affect
the water table recharge. The applicant proposes to relocate the percolation.
Mitigation Measures: The percolation pond will be relocated on a portion of a
7 acre site located on Sunnyoaks Avenue. The SCVWD estimates that the
recharge rate of the Sunnyoaks pond will equal 2 feet per day. (See SCVWD
letter dated June 27, 1991, Attachment No.7) Relocation of the percolation
pond is made a Condition of Approval of the project. The letter from
SCVWD dated, May 21, 1991, indicates that the percolation pond relocation is
ensured in the transaction involving the sale of the Winchester Boulevard
and Hacienda Avenue.
GEOTECHNICAL
Concern regarding subsidence was raised in conjunction with the infill of the
pond. The SCVWD Engineering Department has issued a statement in a letter
dated June 27, 1991, stating that the infill of the project site will not adversely affect
adjacent properties. (See SCVWD letter dated June 27, 1991, Attachment No.7)
Engineering compaction is required to develop the property. A soils report is
required in the Conditions of Approval to be reviewed by the City Engineer
addressing issues of foundation requirements and on-site soils conditions prior to
issuance of building permits.
BIOLOGICAL
Impacts to plant and animal habitat were raised. The U. S. Department of Fish and
Game has verified that the percolation pond site provides minimal wildlife habitat
for resident and migratory birds. Substantial landscaping and tree replacement
will compensate for removal of the five trees on this site.
SUMMARY/RECOMMENDA nON
Staff finds that the proposed General Plan amendment and zone change will result
Staff Report for July 23, 1991
3101 South Winchester Boulevard
page six
in a more logical use of the land, and achieve continuity to existing land uses with
frontage on Winchester Boulevard. Issues raised by the City Counro have been
adequately addressed by the applicant. Proposed mitigation measures for traffic
and noise, and visual screening are adequately incorporated into the plans.
Additionally, the drive-through element of the fast-food restaurant has been
eliminated, mitigating a substantial numbers of concerns associated with the use
and the surrounding area. Therefore, staff is recommending that the Planning
Commission forward a recommendation for approval of the revised application to
the City Council based upon the attached findings and conditions of approval.
Attachments:
1. Findings
2. Conditions
3. Exhibits
4. Applicant's Letter
5. Planning Commission Minutes of July 9, 1991
6. Environmental Impact Assessment (Expanded Initial Study)
7. Santa Clara Valley Water District Letter, dated June 27, 1991
8. Sanitation Company Franchise Agreement Excerpt
9. Correspondence
Submitted by: Gloria Sciara
Planner I
Approved by: Steve Piasecki
Planning Director
FINDINGS FOR APPROVAL
ADDRESS: 3101 S. WINCHESTER BLVD.
APPLICANT: BRUCE BOWEN
PC MTG. JULY 23, 1991
ITEM NO.3
REVISED JULY 23,1991
Findings for Approval
of a Planned Development Permit
The Planning Commission finds as follows with regard to File No. GP 90-04/ZC 90-
13/PD 90-08:
1. The Planned Development Permit results in a greater control of the
development, thereby enhancing the overall site layout and architectural
design;
2. The project provides adequate parking spaces to meet the anticipated demand;
3. The project provides twenty-six percent (26%) landscaping;
4. The project will consist of 15,000 square feet of retail space and 4,000 square
feet of office space;
5. The project is located at the southwest corner of Winchester Boulevard, a
major arterial, and Hacienda Avenue;
6. The project is surrounded by offices to the south, residential condominiums
on the west, a restaurant and gasoline station across Hacienda Avenue, and
industrial buildings across Winchester Boulevard;
7. The project will reduce existing ambient or background noise levels near the
adjacent residential parcels;
8. An eight foot soundwall will be installed along the western and southern
property line;
9. Trash collection could exceed L10 noise levels, but this potential will be
mitigated by relocation of one trash enclosure to the center of the site; and
limiting collection to daytime hours;
10. Winchester Boulevard and Hacienda Avenue are sufficient size to carry the
traffic generated by the project, and left turn pockets will be installed on
Hacienda for traffic exiting the site and preceding westbound. A
channelization line will also be installed on Winchester Boulevard, allowing
left turns into the site, with barriers preventing left turns out of the site;
Page 2 of the Revised Findings
GP 90-04/ /ZC 90-13/PD 90-08
Presented at the Planning Commission Meeting
of July 23, 1991
11. The current percolation pond is not functioning near normal capacity; and as
a condition of approval, a new pond will be provided on Sunnyoaks Avenue;
12. Infill of the project site will not adversely affect adjacent properties; and
13. The percolation pond site provides minimal wildlife habitat.
Based upon the foregoing findings of fact, the Planning Commission further finds
and concludes that:
1. The proposed development and uses clearly would result in a more desirable
environment and use of land than would be possible under any other zoning
classification.
2. The development and uses would be compatible with the General Plan of the
City and will aid in the harmonious development of the immediate area; and,
3. The proposed development would not be detrimental to the health, safety, or
welfare of the neighborhood or of the City as a whole.
AINSLEY
~ DEVELOPMENT, INC.
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JUN 20 1991 L
June 20, 1991
CITY OF" .
~" . " CAMP3ELL
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Mr. Steve Piasecki
CITY OF CAMPBELL
70 North First Street
Caß1pbell,CA 95008
RE: 3101 SO. WINCHESTER BLVD.
Dear Steve,
The purpose of this letter is to request a continuance of the above-referenced ß1atter froß1
the Planning COß1ß1ission ß1eeting of June 25, 1991 to the following ß1eeting in order to allow us
to ß1eet with the neighbors to address issues that reß1ain unresolved.
Thank you for your cooperation in this ß1atter. If you should have any questions, please
do not hesitate to contact ß1e at (408) 379-1117.
Sincerely,
AINSLEY DEVELOPMENT, INC.
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Bruce Bowen
President
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347 EAST CAMPBELL AVENUE, CAMPBELL, CA 95008 . 408/379-1117
P,O, BOX 7583, SAN JOSE, CALIFORNIA 95150
Planning
June 19, 1991
NOTICE OF CONTINUATION OF PUBLIC HEARING
RE: Continuation of Public Hearing - GP 90-04\ZC 90-13\PD 90-08
3101 South Winchester Boulevard
Continued Public Hearing to consider the application of Mr. Bruce Bowen, on
behalf of Ainsley Development, Inc., for approval of a General Plan
amendment from Public\Semi Public to Commercial; approval of a Zone
Change from PF (public Facilities) to PD (Planned Development); and,
approval of a Planned Development Permit, to allow a 15,000 square foot
retail center and a 4,000 square foot fast-food restaurant, on property located at
the southwest corner of Haåenda Avenue and Winchester Boulevard (3101
South Winchester Boulevard). APN: 406-21-014.
Dear Resident:
In reference to the above application, please be advised that the applicant,
Ainsley Development, Inc., is requesting a continuance of the Public Hearing
to July 9, 1991, Planning Commission meeting.
The applicant is requesting a continuance in order to resolve outstanding
issues regarding the site development and neighborhood concerns. Should
you have any questions, please contact the Planning Úepartment at (408) 866-
2140.
Sincerel y,
Steve Piasecki
Director of Planning
PLEASE NOTE:
This notice serves as a Public Hearing Notice for the
regularly scheduled Planning Commission meeting,
scheduled for July 9, 1991, at 7:30 p.m., in the City Council
Chambers, 70 North First Street, Campbell, California.
cc: Bruce Bowen, Ainsley
130 E. DANA STREET
MOUNTAIN VIEW, CALIFORNIA 94041,1599
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CONSTRUCTION
TELEPHONE (4151 961'8330
FAX 14151 965,9188
COM PA N Y
Planning Commission
City of Campbell
70 North First Street
Campbell, CA 95008
June 11, 1991
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CITY Of L'''''';')r'~I(:LL
PLANNING DEPARTMENT
Re: APN: 406-21-14
Planning Department File Nos. GP 90-04/lC 90-13/PD 90-08
Application of Mr. Bruce Bowen on behalf of Ainsley Development, Inc.
Dear Planning Commission:
I have sat through previous meetings and analyzed the documentation regarding
Mr. Bowen's planned commercial project.
On behalf of the ownership of the 198-unit Newport Apartments (575 Hacienda
Avenue--l block from the proposed site), we would like to express our support of
the proposed development.
We feel that the applicant has designed an attractive complex, and one that
does not negatively impact the environment.
Apartments
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