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09-13-2022 PC Final Agenda Packet reduced REGULAR PLANNING COMMISSION MEETING City of Campbell, California Register in advance for this webinar: https://campbellca.gov/PCSignup. After registration, you will receive a confirmation email containing information about joining the webinar. During the registration process, you will be asked if you would like to speak on any of the agenda items. Please provide detail on the items you would like to discuss. September 13, 2022 7:30 p.m. City Hall, Council Chambers AGENDA NOTE: To protect our constituents, City officials, and City staff, the City requests all members of the public to follow the guidance of the California Department of Health Services', and the County of Santa Clara Health Officer Order, to help control the spread of COVID-19. Additional information regarding COVID-19 is available on the City's website at www.campbellca.gov. This Regular Planning Commission meeting will be conducted in person with the Commissioners meeting at City Hall, Council Chambers, as well as via telecommunication (Zoom) being available for members of the public. The meeting is compliant with provisions of the Brown Act. This Regular Planning Commission meeting will also be live streamed on Channel 26, the City's website and on YouTube at https://www.youtube.com/user/CityofCampbell for those who only wish to view the meeting but not participate. Those members of the public wishing to provide public comment at this meeting virtually are asked to register in advance at https://campbellca.gov/PCSignup. After registering, you will receive a confirmation email containing information about joining the meeting via Zoom. Members of the public may attend the meeting in person at Campbell City Hall - Council Chambers. If attending in person, face coverings and physical distancing will be required until further notice. Public comment for the Planning Commission meetings will be accepted via email at planning@campbellca.gov by 5 p.m. on the day of the meeting. Written comments will be posted on the website and distributed to the PC. If you choose to email your comments, please indicate in the subject line “FOR PUBLIC COMMENT” and indicate the item number. ROLL CALL APPROVAL OF THE MINUTES August 23, 2022 COMMUNICATIONS AGENDA MODIFICATIONS OR POSTPONEMENTS ORAL REQUESTS This is the point on the agenda where members of the public may address the Commission on items of concern to the Community that are not listed on the agenda this evening. People may speak up to 5 minutes on any matter concerning the Commission. Planning Commission Agenda for September 13, 2022 Page 2 of 3 PC RESOLUTION OF APPRECIATION – ANDREW RIVLIN PUBLIC HEARINGS 1. PLN-2022-31 Public Hearing to conduct a compliance evaluation of an existing liquor establishment (Khartoum Lounge) with late-night operational hours on property located at 300 Orchard City Drive, Suite 101 to determine whether its Conditional Use Permit/Administrative Planned Development Permit (PLN-2022-31) may be modified or revoked. Staff is recommending that this item be deemed Categorically Exempt under CEQA. Planning Commission action final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Rob Eastwood, Community Development Director 2. PLN-2022-48 Public Hearing to consider the request of Imwalle Properties, Inc., for property located at 30 South First Street to allow for a professional office use and bank and financial service use on the ground floor of a three-story office building. The application under consideration includes a Conditional Use Permit. File No.: PLN-2022-48. Staff is recommending that this item be deemed Categorically Exempt under CEQA. Planning Commission action is final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Tracy Tam, Associate Planner 3. PLN-2022-32 Public Hearing to consider request by Metro Design Group, for property located at 440 E. McGlincy Lane to allow conversion of an existing single-family residence to commercial/industrial use and construction of an approximately 760 square-foot storage building, with associated site, parking, and landscaping improvements. The application under consideration includes a Conditional Use Permit w/Site and Architectural Review. File. No.: PLN-2022-32. Staff is recommending that this item be deemed Categorically Exempt under CEQA. Planning Commission action is final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Daniel Fama, Senior Planner 4. PLN-2021-150 Public Hearing to consider the request Gkw Architects, Inc., for property located at 523 Union Avenue to allow construction of a 7-unit townhome development and creation of 7 private lots and one common lot, with associated site, parking, and landscaping improvements, and removal of an 18-inch (DBH) Coast Live Oak tree straddling the property line with 805 E. McGlincy Lane. The project will provide one (1) townhouse unit that will be restricted for sale to a moderate-income household pursuant to State Density Bonus law, and is requesting a waiver and/or reduction to the development standards applicable to the R-3 Zoning District that would physically preclude construction Planning Commission Agenda for September 13, 2022 Page 3 of 3 of the project; a concession to eliminate the frontage utility undergrounding requirement; and use of the maximum vehicular parking ratio. The applications under consideration include a Site and Architectural Review Permit w/a Density Bonus, Tentative Subdivision Map, and Tree Removal Permit. File. No.: PLN-2022-32. Staff is recommending that this item be deemed Categorically Exempt under CEQA. Planning Commission action is final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Daniel Fama, Senior Planner REPORT OF THE RESIDENTIAL DESIGN STANDARDS SUBCOMMITTEE REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR ADJOURNMENT Adjourn to the next Regular Planning Commission meeting of September 27, 2022 at 7:30 p.m. This meeting will be in person for the members of the Planning Commission at Campbell City Hall, Council Chambers, 70 N. First Street, Campbell, CA. Members of the public are still allowed to participate remotely by Zoom or attend in person (as space allows while maintaining on-going face covering and social distancing). Americans with Disabilities Act (ADA) In compliance with the Americans with Disabilities Act, listening assistance devices are available for meetings held in the Council Chambers. If you require accommodation to participate in the meeting, please contact the Community Development Department, at planning@campbellca.gov or (408) 866-2739. CITY OF CAMPBELL Planning Commission Minutes 7:30 P.M. TUESDAY August 23, 2022 PLANNING COMMISSION REGULAR MEETING CITY HALL COUNCIL CHAMBERS The Planning Commission meeting on Tuesday August 23, 2022, was called to order at 7:30 p.m. in the Council Chambers of City Hall, 70 N. First Street, Campbell, CA, by Chair Ching and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Chair: Stuart Ching Vice Chair: Adam Buchbinder Commissioner: Matt Kamkar Commissioner: Maggie Ostrowski Commissioner: Andrew Rivlin Commissioner: Alan Zisser Commissioners Absent: Commissioner: Michael Krey Staff Present: Director: Rob Eastwood Senior Planner: Stephen Rose Associate Planner: Tracy Tam City Attorney: Bill Seligmann Admin Analyst: Ken Ramirez APPROVAL OF MINUTES Approved July 12, 2022 meeting minutes. July 26, 2022 and August 9, 2022, PC Meetings were cancelled. COMMUNICATIONS None Campbell Planning Commission Meeting Minutes – August 23, 2022 Page 2 AGENDA MODIFICATIONS OR POSTPONEMENTS None ORAL REQUESTS None PUBLIC HEARINGS Chair Ching asked if any of the Commissioners had any disclosures, hearing none Chair Ching read Agenda Item No. 1 into the record as follows: SPECIAL PRESENTATION 1. N/A Special presentation by Commissioner Buchbinder and Kamkar on Missing Middle in Campbell. Vice-Chair Adam Buchbinder and Commissioner Matt Kamkar presented on 11 types of housing that is denser than single-family homes but less than high rises (“Missing Middle”). Current idealized forms of these building types are prohibited in current Zoning districts. Study analyzed Parking, Density, Minimum Lot Size, Minimum Lot Width, and Floor Area Ratio but study did not include implications of SB9 or SB9 projects. Chair Ching opened public comment section. Andre Casanova suggested putting in language for local hiring apprenticeship so that those building the homes also be allowed to live in the neighborhood. Raja Pallela spoke that current Standards are prohibiting building small single-family homes and make it not possible to reach the type of density desired because of the limits. Would recommend making changes to the San Tomas Neighborhood Area Plan and readjust requirements to the plan. Jim Sullivan stated that some of the City of Campbell ordinances do not allow what the City of Campbell should be building. Scott Rees stated appreciation for the work done in the study. Asked what current data is available that shows how many homes qualify for this type of development. Chair Ching closed public comments and opened questions section to Commissioners. Vice-Chair Buchbinder stated that currently PD zoning is being used as an escape valve for certain developments but can be time intensive and costly. Commissioner Kamkar clarified that PD zoning is used for projects that are not able to meet minimum frontage or minimum area requirements, which is why establishing flexibility is important. Commissioner Zisser noted that the presented models within presentation included alley based model examples but questioned if these types of alley based neighborhood Campbell Planning Commission Meeting Minutes – August 23, 2022 Page 3 examples should be made available because most of the neighborhoods in Campbell are already established. Commissioner Ostrowski stated that it is important that we think differently because Zoning rules were created at a different point in time when the City of Campbell looked different. Commissioner Zisser stated that the new plan to revise the Objective Standards will hopefully address some of the issues discussed. STUDY SESSION 2. PLN-2022-90 Study Session to provide an overview of the Objective Standards work plan, project schedule, and community outreach and engagement plan. Director Rob Eastwood referenced the Missing Middle presentation that diagnosed the issues but hopes that the Residential Design Standards plan will present solutions to the identified issues. For quite some time the tools available to the City of Campbell have been insufficient as there were minimal Objective Standards and therefore had minimal say in new developments. Speed of effort to develop new Objective Standards will be very quick. Senior Planner Stephen Rose and Associate Planner Tracy Tam presented the Objective Standards workplan, project schedule, and plan for community outreach and engagement that will be implemented in conjunction with selected consultant, Opticos. The Commission had initial questions about whether Objective Standards applied to single- family housing and also mixed-use housing; why area plans revisions were specific to sections of the area plan when the community has asked to make greater revisions to neighborhood specific area plan, and whether an ad hoc subcommittee will be created within this process. Senior Planner Rose clarified that Objective Standards will apply to both single-family homes and mixed use housing and that area plans will create a type of baseline but will be continuously looked at for improvements within the Objective Standard Redesign process and in the future as needed. Director Eastwood noted that a subcommittee would be most effective with members of the City Council and Planning Commission. Tony Perez from Opticos Design presented the Objective Standards Update for the City of Campbell. Presentation outlined the history and previous work of developing Objective Standards with other cities, the identified approach, and the detail of applying Objective Developmental Design Standards to Campbell. Chair Ching opened questions from Commissioners to Opticos Design team. Commissioners asked if individual parcels will be looked at to identify what is needed; how can they access the presented toolkit, how will creativity and new designs in architectural design be allowed over time; how can the design standards make it more pedestrian friendly; how will tree regulations be referenced; and will options for rooftops/balconies be included in the design toolkit. Tony Perez clarified that they would look at what the General Plan envisioned and match standards to make it happen; that City staff have a copy of the toolkit document; that front Campbell Planning Commission Meeting Minutes – August 23, 2022 Page 4 façade zones help create different streetscapes and modulate different building types; that right of ways will not be reimagined; that existing regulations will not be changed; and that the toolkit includes something that references options for rooftops/balconies. Director Eastwood stated that test fit sample sites, especially for Housing Opportunity Sites, provides critical information that informs what can actually be built on these housing sites. Chair Ching opened Public Hearing section. Joseph Giamiani expressed concerns about ongoing uniformity in development as something “simple and cheap” and asked to not change the Winchester Plan too much. Amy Cody appreciated that privacy and sightline issues were addressed within Opticos presentation and asked if environmental requirements can be incorporated in residential design standards. Raja Pallela asked to not limit elevation standards and keep it open to modern or contemporary styles. Also requesting to allow for creativity in top floors like open terraces. Also asking to amend San Tomas plan to allow for three floor height maximum construction. Jim Sullivan emphasized that flexibility is key to keep in mind when developing Objective Standards. PD is an invaluable tool for a developer that is willing to go through the entire process and present to City Council, if they want to in fact build something bigger and better. Bruce Bowen reiterated that PD is an important tool. Wants to continue to have the opportunity to be creative and do things out of the box. Suggests not creating confining requirements and that they be more of a guideline and not a hard regulation. Chair Ching closed Public Comment session and paused Planning Commission meeting for a 5-minute break. Chair Ching reconvened Planning Commission meeting. Commissioner Rivlin asked if the City’s Architectural Consultant was involved in the process of the new Objective Design Standards and stated that this is the right path as it provides the right menu for the right selections down the road. Senior Planner Rose reiterated that although City Architectural Consultant is not involved but encouraging that all stakeholders or interested parties participate in Community Outreach and stakeholder meetings. Commissioner Zisser recommended clarifying for the community that this process is actually in fact residential design standards for multi-unit housing. Vice-Chair Buchbinder suggested to allow substitution and unbundling for some amount of bike/car share parking at some ratio. Commissioner Ching echoed the sentiments and suggestions of fellow commissioners and stated the ad hoc subcommittee for new Residential Design Standards will consist of Vice- Campbell Planning Commission Meeting Minutes – August 23, 2022 Page 5 Chair Buchbinder and Commissioner Kamkar. The subcommittee would be available if needed to report but would not be scheduled at this point. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR Finalizing drafts of EIR and General plan and is anticipating publishing documents for public review in the early September 2022 timeframe. ADJOURNMENT The Regular Planning Commission meeting adjourned at 9:46 p.m. to the next Regular Planning Commission Meeting on Tuesday, September 13, 2022, at City Hall, Council Chambers, 70 N. First Street, Campbell, CA. SUBMITTED BY: ______________________________________ Ken Ramirez, Administrative Analyst APPROVED BY: ______________________________________ Stuart Ching, Chair ATTEST : ______________________________________ Rob Eastwood, Secretary ITEM NO. 1 CITY OF CAMPBELL ∙ PLANNING COMMISSION Staff Report ∙ September 13, 2022 City-Initiated Revocation/ Modification of Khartoum PLN 2022-31 Public Hearing to conduct a compliance evaluation of an existing liquor establishment (Khartoum Lounge) with late-night operational hours on property located at 300 Orchard City Drive, Suite 101 to determine whether its Conditional Use Permit/Administrative Planned Development Permit (PLN-2022-31) may be modified or revoked. STAFF RECOMMENDATION That the Planning Commission take the following action: 1. Adopt a Resolution (reference Attachment 1), approving a Modification of the Conditional Use Permit/Administrative Planned Development Permit (PLN2022-31). ENVIRONMENTAL DETERMINATION Staff recommends that the Planning Commission find this project Categorically Exempt under Section 15301, Class 1, of the California Environmental Quality Act (CEQA), pertaining to the operation and permitting of existing facilities, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. PROJECT LOCATION The project site is located along Orchard City Drive, west of Railway Avenue. The site is surrounded by commercial uses to the north, east, and west, and a residential condominium community (Park Town Place) to the southwest (Attachment 2). The subject liquor establishment, Khartoum Lounge ("Khartoum"), is located within a 54,000 square-foot Water Tower Plaza commercial complex. The establishment occupies a 2,364 square foot tenant space on the ground floor of the building and is accessed directly from a public parking lot facing Orchard City Drive. BACKGROUND On April 12, 2022, the Planning Commission held a City initiated revocation / modification hearing regarding the Khartoum following modification of the hours of operation by the Community Development Director, reducing the hours from a 2 AM closing time to a 12 AM closing time. Following the receipt of the staff report and all public testimony, the Commission voted to maintain the reduced hours of operation and requested a subsequent review of hours of operation by the Commission in four months. This public hearing provides the Commission the opportunity to review the status of Khartoum’s compliance with the conditions of approval and to consider re-instatement of the original closing time of 2 AM or another modification of the hours and/or conditions of approval as warranted. Staff Report – Planning Commission Meeting of September 13, 2022 Page 2 of 6 PLN-2022-31~ 300 Orchard City Drive, Ste. 101 (“Khartoum”) A reduction in the hours of operation for Khartoum was imposed by the Community Development Director in February 2022, following the receipt of documentation from the Campbell Police Department identifying over 82 calls for service at Khartoum between August, 2021 and January, 2022, resulting in over ten arrests and ten documented cases of underage drinking. These documented calls and arrests represented more than three (3) verifiable complaints, as outlined in Condition 5(b) of the 2012 CUP/Amin. Planned Development Permit, as listed below, in part, allowing the reduction in hours: If the liquor establishment generates three (3) verifiable complaints related to violations of conditions of approval and/or related to the service of alcohol within a six (6) month period, the Community Development Director may immediately reduce the hours of operation as follows: Reduced Business Hours: 11:00 AM – 12:00 AM, Monday – Friday 9:30AM – 12:00 AM, Saturday – Sunday Reduced Operational Hours: 9:00 AM – 12:30 AM, Monday – Friday 7:00 AM – 12:30 AM, Saturday – Sunday Upon reducing the allowable hours of operation, the Community Development Director shall schedule a public hearing before the Planning Commission to consider modification or revocation of the Conditional Use Permit / Administrative Planned Development Permit. In exercising this authority, the decision making body may consider the following factors: • The number and types of Police Department calls for serviced at or near the establishment that are reasonably determined to be a direct result of patrons actions; • The number of complaints received from residents, business owners and other citizens concerning the operation of an establishment; • The number of arrests for alcohol, drug, disturbing the peace, fighting and public nuisance violations associated with an establishment; • The number and kinds of complaints received from the State Alcoholic Beverage Control office and the County Health Department; and • Violation of conditions of approval. DISCUSSION The City is conducting this compliance and revocation / modification hearing to evaluate Khartoum’s compliance with the conditions of approval, specifically Condition 5b, following more than 6 months of operation under the reduced hours of operation with a closing time of 12AM. Staff recommends that the Planning Commission specifically evaluate Khartoum’s compliance with the five factors listed under Condition 5b, that were used as the original basis to maintain the reduced hours of operation in April 2022. Based on Khartoum’s compliance with these factors, the Commission may consider one of the following actions: a. Maintain reduced hours of operation of a 12AM closing time for the establishment. b. Re-instate expanded hours of operation with a closing time of 2AM for the establishment. c. Make other modifications to the conditions of approval, as deemed appropriate. Staff Report – Planning Commission Meeting of September 13, 2022 Page 3 of 6 PLN-2022-31~ 300 Orchard City Drive, Ste. 101 (“Khartoum”) Condition 5(b) of 2012 Conditional Use Permit – Condition 5(b) of the 2012 Conditional Use Permit states that the Planning Commission may consider the following factors in a revocation / modification hearing for Khartoum. Staff has provided information below under each factor describing applicable activities occurring at Khartoum in the last six months since the reduction in operation hours. • The number and types of Police Department calls for serviced at or near the establishment that are reasonably determined to be a direct result of patrons actions; Between February 2022 and September 2022, the Police Department received approximately three calls for service for Khartoum and all of these calls were made by the security staff at Khartoum requesting assistance from Campbell Police for onsite issues. There have not been any drug or alcohol related arrests during this period at Khartoum. • The number of complaints received from residents, business owners and other citizens concerning the operation of an establishment; The Community Development Department has only received one anonymous complaint that listed several issues concerning Khartoum, however the complainant has asked not to forward this information to the Commission. The Department is not aware of any other complaints received in the last six months regarding Khartoum. • The number of arrests for alcohol, drug, disturbing the peace, fighting and public nuisance violations associated with an establishment; As reported above, there have been no arrests related to alcohol, drug, disturbing the peace and public nuisance violations associated with Khartoum in the last six months. • The number and kinds of complaints received from the State Alcoholic Beverage Control office and the County Health Department; and The Campbell Police Department has been in contact with the State Alcoholic Beverage Control Office (“ABC”) regarding investigative actions concerning alcohol violations at Khartoum. As disclosed to the Planning Commission in April, 2022, ABC staff reported that they have an open investigation concerning alcohol violations at Khartoum. The City has not received any new updates since then concerning the disposition of this investigation. The City is not aware of any complaints from the County Health Department concerning Khartoum. • Violation of conditions of approval. The Community Development Department is not aware of any additional violations of conditions of approval beyond the incidents described above. Based on this information, staff recommends that the Planning Commission reinstate the expanded hours of operation with a closing time of 2AM and add conditions of approval as recommended by staff requiring Khartoum adhere to an operations plan and coordinate with Campbell Police Department with formal semi-annual meetings for a minimum of two years. Staff Report – Planning Commission Meeting of September 13, 2022 Page 4 of 6 PLN-2022-31~ 300 Orchard City Drive, Ste. 101 (“Khartoum”) The recommended modification would reinstate Khartoum’s original expanded hours of operation that existed prior to February 2022 that includes a closing time of 2 AM. Based on the reports from the Campbell Police Department over the last six months, Khartoum has not experienced any notable calls-for-service, nor any other violations or related activities related to the service of alcohol. As noted in the correspondence received from Khartoum’s ownership and management staff Khartoum has prepared an operations and security plan (reference Attachment 4) that intends to prevent the previous activities and issues that resulted in the 81 calls for service and associated arrests that occurred in 2021. Staff recommends the Planning Commission add a condition of approval to Khartoum’s Conditional Use Permit that requires that Khartoum adhere to the submitted operations plan, unless modifications are reviewed and approved by the Campbell Police Department. In addition, staff recommends adoption of a second condition of approval intended to maintain ongoing communication and coordination between the Khartoum management and security staff and Campbell Police. This condition requires Khartoum management staff to hold semi-annual meetings with the Campbell Police Night Shift Patrol Team for a minimum of two years, to maintain communication and coordination. Adherence to these conditions should act to prevent the previous activity and issues that occurred at Khartoum in 2021. The text of these conditions is listed below: Operations Plan - Mitigation Efforts - The establishment shall adhere to the operational measures described in the Memorandum submitted to the City by Khartoum on August 11, 2022 entitled “Mitigation Efforts to Promote Public Safety” and attached to these conditions of approval. Any proposed modifications to the operational measures shall be first discussed with the Campbell Police Department. Semi-Annual Meeting with Campbell Police - Khartoum Management and Security staff shall meet with the Campbell Police Night Shift Patrol team on a semi-annual (every six months) basis for a minimum of two years, beginning in October, 2022. The meeting shall be to discuss the status of Khartoum operations, implementation of the operations plan, and any modifications and recommendations by Campbell Police to Khartoum to address any identified issues. The Planning Commission may consider alternative actions other than reinstatement of the extended hours of operation. This may include – a) Maintenance of existing shortened hours with a closing time of 12AM. If the Commission believes there is insufficient evidence to support reinstatement of the 2AM closing time, the Commission may maintain the shortened hours with at 12AM closing time and may consider scheduling a subsequent hearing in the future to re-consider modification of the hours. b) Modification of the hours of approval to allow a closing time of 1AM. As a possible middle ground between maintaining the existing shortened hours with a closing time of 12AM and a reinstatement of the 2AM closing time, the Commission could consider establishing a closing time of 1AM, and may consider scheduling s subsequent hearing in the future to re-consider modification of the hours. Staff Report – Planning Commission Meeting of September 13, 2022 Page 5 of 6 PLN-2022-31~ 300 Orchard City Drive, Ste. 101 (“Khartoum”) ANALYSIS Findings Required for Permit Revocation / Modification: Pursuant to CMC Section 21.68.030 and 21.68.040 (Permit modification), a land use permit may be revoked or modified by the appropriate decision-making body, if any one of the following findings can be made: A. Circumstances under which the permit was granted have been changed by the applicant to a degree that one or more of the findings contained in the original permit can no longer be made in a positive manner, and the public convenience, health, interest, safety, or welfare require the revocation or modification. A CUP/Admin. Planned Development Permit was granted on February 14, 2012 and modifications to the hours of operation were enacted by the Community Development Director in February 2022 and upheld by the Planning Commission in April 2022 to address numerous calls for service and related arrests that occurred in 2021. As documented by the Campbell Police Department, Khartoum has only had three calls for service in the last six months and no resulting arrests associated with operation of the establishment. Addition of the aforementioned conditions of approval will address the changed circumstances that occurred in 2021 associated with a pattern of numerous calls for service and arrests at Khartoum. B. The permit was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application, or in the applicant's testimony presented during the public hearing, for the permit. This finding does not apply as there is no evidence that the permits issued in 2012 were issued on the basis of a misrepresentation in the application or the applicant’s testimony. C. One or more of the conditions of the permit have not been substantially fulfilled or have been violated. Condition 5(b) of the Conditional Use Permit and Administrative Site Permit state that if Khartoum generates more than three verifiable complaints related to the service of alcohol within a six-month period, then the Community Development Director may reduce the hours of operation and schedule the establishment for a revocation / modification hearing before the Planning Commission. In the last six month period between February and August, 2022 the Campbell Police Department has received three calls for service at Khartoum and all were conducted by Khartoum staff seeking Police assistance to resolve onsite issues. There have been no arrests within this time period associated with the service of alcohol. D. The improvement authorized in compliance with the permit is in violation of a code, law, ordinance, regulation, or statute of the City, State, or Federal governments. This finding does not apply. E. The improvement or use allowed by the permit has become detrimental to the public health, safety, or welfare or the manner of operation constitutes or is creating a nuisance, as determined by the decision-making body. Staff Report – Planning Commission Meeting of September 13, 2022 Page 6 of 6 PLN-2022-31~ 300 Orchard City Drive, Ste. 101 (“Khartoum”) As documented in this report, between the six-month period of August, 2021 and January 2022, the Campbell Police Department received over 82 calls for service for Khartoum, resulting in ten arrests in association with alcohol service and fighting / assault. Since reduction in the operating hours with a closing time of 12AM, police calls for service at Khartoum have significantly declined. While reinstatement of the extended hours to 2AM could result in increased calls for service and a resulting nuisance, the application and adherence to conditions of approval that require implementation of an operations and security plan and close coordination with Campbell Police will act to prevent this from occurring. REFERENCE BACKGROUND Conditional Use Permits (CUP) Certain land uses are not permitted as a right and are only allowed upon approval of a Conditional Use Permit. The purpose of a CUP is to allow a use under specific conditions which assure that the use will not be determined to the public health, safety, and welfare and will not impair the integrity and character of the zoning district1. The Planning Commission can either approve the use subject to conditions or deny the use. Each application is considered on its individual merits. When determining whether a conditional use should be approved, the Planning Commission must weigh the public need for, and the benefit to be derived from, the use, against any impacts it may cause. Downtown Alcohol Beverage Policy In approaching the Revocation / Modification Hearing, the Planning Commission should use as a reference the City’s Downtown Alcohol Beverage Policy (reference Attachment 5) which sets policy guidance regarding the establishments that serve alcohol in the Downtown area, including hours of operation. Attachments: 1. Resolution and Conditions of Approval 2. Location Map 3. 2012 Resolution and Conditions of Approval 4. Proposed “Mitigation Efforts to Promote Public Safety” received from Brandon Brigham August 11, 2022 5. Downtown Alcoholic Beverage Policy Reviewed by: Ian White, Police Captain Approved by: Rob Eastwood, Community Development Director 1 League of California Cities, Planners Pocket Guide glossary of terms. RESOLUTION NO. 465X BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CITY-INITIATED MODIFICATION TO A PREVIOUSLY MODIFIED CONDITIONAL USE PERMIT AND ADMINISTRATIVE PLANNED DEVELOPMENT PERMIT TO REINSTATE THE EXTENDED HOURS OF OPERATION FOR AN EXISTING LIQUOR ESTABLISHMENT (KHARTOUM LOUNGE) WITH LATE-NIGHT ACTIVITIES ON PROPERTY LOCATED AT 300 ORCHARD CITY DRIVE, SUITE 101. FILE NO. : PLN-2022-31 After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to file numbers PLN-2022-31: 1. The subject property is located on the along Orchard City Drive, west of Railway Avenue. The site is surrounded by commercial uses to the north, east, and west, and a residential condominium community (Park Town Place) to the southwest 2. The liquor establishment is located within the Water Tower Plaza commercial complex. The establishment occupies a 2,364 square foot space on the ground floor of the building, and is accessed directly from a public parking lot facing Orchard City Drive. 3. The project site is zoned P-D (Planned Development) and is designated with a Central Commercial land use designation by the General Plan. 4. At its meeting of February 14, 2012, the Planning Commission adopted Resolution No. 4046 approving a Conditional Use Permit and Administrative Planned Development Permit (PLN 2011-283) to allow expansion of a liquor establishment (Khartoum Lounge). In approving Resolution No. 4046, the Planning Commission found that: The establishment, maintenance, or operation of the use will not be detrimental to the public health, safety, peace, morals, comfort, or general welfare of persons residing or working in the neighborhood of such proposed use. 5. Between August, 2021 and January, 2022, Campbell Police have documented over 82 calls for service at Khartoum Lounge, resulting in 10 arrests in association with alcohol service and fighting / assault. Pursuant to Condition of Approval 5(b) of Planning Commission Resolution No. 4046, the Community Development Director reduced the business hours of the liquor establishment and scheduled a revocation/modification hearing with the Planning Commission. 6. At its meeting of April 12, 2022, the Planning Commission adopted Resolution No. 4637 approving a City- initiated modification to the Conditional Use Permit and Administrative Planned Development Permit (PLN 2011-283) to reduce the hours of operation of Khartoum establishing a closing time of 12 AM. In approving Resolution No. 4637 the Planning Commission Resolution No. 465x Page 2 of 5 300 Orchard City Dr., Suite 101 PLN-2022-31 ~ Modified Conditional Use Permit Planning Commission found that the 82 calls for service and resulting 10 arrests documented that operations at Khartoum affect the public convenience, health, interest, safety or welfare and require the modification. 7. The Planning Commission subsequently requested that the Conditional Use Permit conditions of approval be re-evaluated after four months for further consideration if the hours should be maintained or modified. 8. Upon holding a public hearing to conduct a compliance evaluation of an existing liquor establishment (Khartoum Lounge), the Planning Commission determined the following facts that support reinstatement of the extended hours of operation: • Between February 2022 and September 2022, the Police Department received approximately three calls for service for Khartoum and all of these calls were made by the security staff at Khartoum requesting assistance from Campbell Police for onsite issues. There have not been any drug or alcohol related arrests during this period at Khartoum. • The Community Development Department has only received one anonymous complaint that listed several issues concerning Khartoum, however the complainant has asked not to forward this information to the Commission. The Department is not aware of any other complaints received in the last six months regarding Khartoum. • The Campbell Police Department has been in contact with the State Alcoholic Beverage Control Office (“ABC”) regarding investigative actions concerning alcohol violations at Khartoum. As disclosed to the Planning Commission in April, 2022, ABC staff reported that they have an open investigation concerning alcohol violations at Khartoum. The City has not received any new updates since then concerning the disposition of this investigation. The City is not aware of any complaints from the County Health Department concerning Khartoum. • The Community Development Department is not aware of any additional violations of conditions of approval beyond the incidents described above. 9. The reinstatement of the extended hours of operation is subject to additional Conditions of Approval to ensure the public health, safety, and general welfare: Operations Plan: The establishment shall adhere to the operational measures described in the Memorandum submitted to the City by Khartoum on August 11, 2022 entitled “Mitigation Efforts to Promote Public Safety” and attached to these conditions of approval. Any proposed modifications to the operational measures shall be first discussed with the Campbell Police Department. Semi-Annual Meeting: Khartoum Management and Security staff shall meet with the Campbell Police Night Shift Patrol team on a semi-annual (every six months) basis for a minimum of two years, beginning in October, 2022. The meeting shall be to discuss the status of Khartoum operations, implementation of the operations Plan, and any modifications and recommendations by Campbell Police to Khartoum to address any identified issues. Planning Commission Resolution No. 465x Page 3 of 5 300 Orchard City Dr., Suite 101 PLN-2022-31 ~ Modified Conditional Use Permit 10. A Conditional Use Permit may be approved, with or without conditions, only if the Planning Commission (or the City Council, upon appeal) makes certain findings provided in CMC Section 21.46.040. In approving a Conditional Use Permit application, the Planning Commission (or City Council, upon appeal) may impose reasonable and necessary specific design, locational, and operational conditions relating to both on- and off-site improvements, which are intended to ensure compliance with the findings. 11. In order to make the required findings and protect the public health, safety, and welfare, as well as the integrity and character of the city, the Planning Commission may place appropriate conditions on an application for a Conditional Use Permit. 12. The City Council adopted the 'Downtown Alcohol Beverage Policy', consistent with the goals and strategies of the Campbell General Plan and Downtown Development Plan. The Policy is intended to balance the health and safety of the community while still maintaining the commercial viability of the downtown in which restaurants have an essential role. 13. Conformance to the provisions of the Downtown Alcohol Beverage Policy is the basis by which the City reviews new and modified applications for alcohol beverage service. The Policy sets forth limitations to the hours of operation, amount of bar area seating, and alcohol beverage service that are necessary to protect the public health, safety and welfare. 14. The Downtown Alcohol Beverage Policy provides that all Conditional Use Permits issued to establishments for alcoholic beverage service on-site are subject to Sections 21.68.020, 21.68.030 and 21.68.040 of the Campbell Municipal Code authorizing the appropriate decision- making body to modify or revoke a Conditional Use Permit if it is determined that the sale of alcohol has become a nuisance to the City's public health, safety or welfare. 15. In review the City-initiated modification, the Planning Commission considered the proposed project's traffic safety, traffic congestion, site circulation, landscaping, structure design, and site layout. 16. The Planning Commission's review of the City-initiated modification further encompassed zoning and General Plan land use conformance, noise impacts, parking, property maintenance, odors, security and enforcement, and neighborhood impacts. 17. The Planning Commission also weighed the public need for, and the benefit to be derived from, the City-initiated modification, against any impacts it may cause. 18. No substantial evidence has been presented which shows that the City-initiated modification, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. Planning Commission Resolution No. 465x Page 4 of 5 300 Orchard City Dr., Suite 101 PLN-2022-31 ~ Modified Conditional Use Permit Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: Conditional Use Permit Findings (CMC Sec. 21.46.040): 1. As conditioned, the proposed use is allowed within the applicable zoning district with Conditional Use Permit approval, and complies with all other applicable provisions of this Zoning Code and the Campbell Municipal Code; 2. As conditioned, the proposed use is consistent with the General Plan; 3. As conditioned, the proposed site is adequate in terms of size and shape to accommodate the fences and walls, landscaping, parking and loading facilities, yards, and other development features required in order to integrate the use with uses in the surrounding area; 4. As conditioned, the proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic the use would be expected to generate; 5. As conditioned, the design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses on-site and in the vicinity of the subject property; 6. As conditioned, the establishment, maintenance, or operation of the proposed use at the location proposed will not be detrimental to the comfort, health, morals, peace, safety, or general welfare of persons residing or working in the neighborhood of the proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city; Liquor Establishment Findings (CMC Sec. 21.46.070) 7. As conditioned, the establishment will not result in an over-concentration of these uses in the surrounding area; 8. As conditioned, the establishment will not create a nuisance due to litter, noise, traffic, vandalism, or other factors; 9. As conditioned, the establishment will not significantly disturb the peace and enjoyment of the nearby residential neighborhood; 10. As conditioned, the establishment will not significantly increase the demand on city services; Administrative Planned Development Permit Findings (CMC Sec. 21.12.030.H.6): 11. As conditioned, the proposed development or uses clearly would result in a more desirable environment and use of land than would be possible under any other zoning district classification; Planning Commission Resolution No. 465x Page 5 of 5 300 Orchard City Dr., Suite 101 PLN-2022-31 ~ Modified Conditional Use Permit 12. As conditioned, the proposed development would be compatible with the general plan and will aid in the harmonious development of the immediate area; 13. As conditioned, the proposed development would not be detrimental to the health, safety or welfare of the neighborhood or of the city as a whole; Modification Findings (CMC Sec. 21.68.030 and 21.68.040): 14. Circumstances under which the permit was granted have been changed by the applicant to a degree that one or more of the findings contained in the original permit can no longer be made in a positive manner, and the public convenience, health, interest, safety, or welfare require the revocation or modification. 15. The permit was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application, or in the applicant's testimony presented during the public hearing, for the permit. 16. The improvement or use allowed by the permit has is no longer detrimental to the public health, safety, or welfare or the manner of operation constitutes or is creating a nuisance, as determined by the decision-making body. Environmental Findings (CMC Sec. 21.38.050): 17. The project is Categorically Exempt under Section 15301 Class 1 of the California Environmental Quality Act (CEQA) pertaining to minor alterations to an existing private structure, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. THEREFORE, BE IT RESOLVED that the Planning Commission approves a City-initiated Modification to a previously Modified Conditional Use Permit and Administrative Planned Development Permit (PLN-2022-31) to reinstate the extended hours of operation for an existing liquor establishment with late-night activities (Khartoum Lounge) on property located at 300 Orchard City Drive, Suite 101, subject to the attached Revised Conditions of Approval (attached Exhibit A). PASSED AND ADOPTED this 13th day of September, 2022, by the following roll call vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: APPROVED: Stuart Ching, Chair ATTEST: Rob Eastwood, Secretary AMENDED CONDITIONS OF APPROVAL City-Initiated Modification (PLN-2022-31) Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. 1. Approved Project: Approval is granted for a City-initiated Modification to a previously Modified Conditional Use Permit and Administrative Planned Development Permit (PLN-2022-31) to reinstate the extended hours of operation for an existing liquor establishment with late-night activities (Khartoum Lounge) on property located at 300 Orchard City Drive, Suite 101. The configuration of the approved liquor establishment shall continue to substantially conform to the revised project plans stamped as received by the Planning Division on January 6, 2011, except as may be modified by the conditions of approval contained herein. 2. Approval Expiration: The Modified Conditional Use Permit and Administrative Planned Development approved herein (hereon "Approval") shall be valid in perpetuity on the property subject to continued exercise of this Approval and maintenance of a Type 48 (On-sale General – Public Premises) Liquor License issued by the California Department of Alcoholic Beverage Control (ABC), except upon revocation pursuant to Condition of Approval No. 5 (Revocation of Permit). Discontinuation of alcohol service for a continuous period of twelve months, as evidenced by surrender or revocation of the Type 48 License, shall void this Approval. 3. Previous Conditions of Approval: The previously approved Conditions of Approval provided in Planning Commission Resolution No. 4637 are hereby void and permanently superseded in their entirety by the Conditions of Approval specified herein. 4. Operational Standards: Consistent with the Downtown Alcohol Beverage Policy and other City standards, any liquor establishment operating pursuant to the Conditional Use Permit / Administrative Planned Development Permit approved herein shall conform to the following operational standards: a. Patron Occupancy: Total indoor patron occupancy shall be limited to 145 persons, subject to the maximum occupancy capacities of certain rooms as determined by the California Building Code (CBC). It is the responsibility of the business owner to provide adequate entrance controls to ensure that patron occupancy is not exceeded. “Maximum Occupancy” signs shall be posted conspicuously within the premises. b. Operations Plan: The establishment shall adhere to the operational measures described in the Memorandum submitted to the City by Khartoum on August 11, 2022 entitled "Mitigation Efforts to Promote Public Safety," included as Exhibit B. Any proposed modifications to the operational measures shall be first discussed with the Campbell Police Department. Exhibit A – Conditions of Approval Page 2 PLN-2022-31 ~ Modification (CUP/Admin. P-D Permit) c. Semi-Annual Meetings: Khartoum Management and Security staff shall meet with the Campbell Police Night Shift Patrol team on a semi-annual (every six months) basis for a minimum of two years, beginning in October, 2022. The meeting shall be to discuss the status of Khartoum operations, implementation of the operations Plan, and any modifications and recommendations by Campbell Police to Khartoum to address any identified issues. d. Hours of Operation: Subject to ongoing compliance with the Downtown Alcohol Beverage Policy and all standards, codes, or ordinances of the City of Campbell, the following extended hours of operation are granted. By the end of ‘Business Hours’ all patrons shall have exited the liquor establishment. By the end of the ‘Operational Hours’ all employees shall be off the premises. • Extended Business Hours: 11:00 AM – 2:00 AM, Monday – Friday 9:30 AM – 2:00 AM, Saturday – Sunday • Extended Operational Hours: 9:00 AM – 2:30 AM, Monday – Friday 7:00 AM – 2:30 AM, Saturday – Sunday If the liquor establishment generates three (3) verifiable complaints related to violations of conditions of approval and/or related to the service of alcohol within a six (6) month period, the Community Development Director may immediately reduce the hours of operation as follows: • Reduced Business Hours: 11:00 AM – 12:00 AM, Monday – Friday 9:30 AM – 12:00 AM, Saturday – Sunday • Reduced Operational Hours: 9:00 AM – 12:30 AM, Monday – Friday 7:00 AM – 12:30 AM, Saturday – Sunday Upon reducing the allowable hours of operation, the Community Development Director shall schedule a public hearing before the Planning Commission to consider modification or revocation of this Approval pursuant to Condition of Approval No. 5 (Revocation of Permit). e. Live Entertainment: Live entertainment, limited to a disk-jockey and karaoke performance, shall be permitted subject to approval of a Live Entertainment Permit in compliance with CMC 5.24. f. Outdoor Seating: Outdoor seating is prohibited at all times. g. Semi-Arcade Permit: The business owner shall secure and maintain in good standing a Semi-Arcade Permit in compliance with CMC 5.30. h. Smoking: “No Smoking” signs shall be posted on the premises in compliance with CMC 6.11.060. i. Loitering: There shall be no loitering allowed outside the business. The business owner is responsible for monitoring the premises to prevent loitering. Exhibit A – Conditions of Approval Page 3 PLN-2022-31 ~ Modification (CUP/Admin. P-D Permit) j. Noise: Any noises, sounds and/or voices, including but not limited to amplified sounds, loud speakers, sounds from audio sound systems, music, and/or public address system, generated by the establishment shall not be audible to a person of normal hearing capacity from any residential property. k. Trash & Clean Up: All exterior trash and normal clean-up activities shall occur before 11:00 PM. l. Liquor License: The business owner shall maintain in good standing a “Type 48” license from the State Department of Alcoholic Beverage Control. m. Uniform Security: Uniformed, privately provided security staff may be required in and/or around the premises when deemed necessary by the Chief of Police. n. City Meetings: At the discretion of the Chief of Police, periodic meetings will be conducted with representatives from the Police Department/Alcohol Beverage Control for on-going employee training on alcoholic beverage service to the general public. o. Employee Training: The establishment shall use an employee training manual that addresses alcoholic beverage service consistent with the standards of the California Restaurant Association and the Department of Alcoholic Beverage Control. p. Designated Driver Program: The establishment shall maintain and actively promote a designated driver program (e.g., complimentary non-alcoholic beverages for designated drivers). q. Taxicab Service: The establishment shall post in a conspicuous place the telephone numbers of local taxicab services 5. Revocation of Permit: Operation of the liquor establishment pursuant to this Approval is subject to Sections 21.68.020, 21.68.030 and 21.68.040 of the Campbell Municipal Code authorizing the appropriate decision making body to modify or revoke a Conditional Use Permit if it is determined that the sale of alcohol has become a nuisance to the City’s public health, safety or welfare or for violation of the Conditional Use Permit or any standards, codes, or ordinances of the City of Campbell. At the discretion of the Community Development Director, if the establishment generates three (3) verifiable complaints related to violations of conditions of approval (e.g., noise, parking, etc.) and/or related to the service of alcohol within a twelve (12) month period, a public hearing before the Planning Commission may be scheduled to consider modifying conditions of approval or revoking its Conditional Use Permit. The Community Development Director may commence proceedings for the revocation or modification of the Approval upon the occurrence of less than three (3) complaints if the Community Development Director determines that the alleged violation warrants such an action. The Director may also at such time immediately restrict the establishment's Hours of Operation to address noise complaint in a timely manner. In exercising this authority, the decision-making body may consider the following factors, among others: Exhibit A – Conditions of Approval Page 4 PLN-2022-31 ~ Modification (CUP/Admin. P-D Permit) a. The number and types of Police Department calls for service at or near the establishment that are reasonably determined to be a direct result of patrons actions; b. The number of complaints received from residents, business owners and other citizens concerning the operation of an establishment, c. The number of arrests for alcohol, drug, disturbing the peace, fighting and public nuisance violations associated with an establishment; d. The number and kinds of complaints received from the State Alcoholic Beverage Control office and the County Health Department; and e. Violation of conditions of approval. MEMORANDUM MITIGATION EFFORTS TO PROMOTE PUBLIC SAFETY The following mitigation tactics each have a role to play in the creation of a friendly atmosphere and pursuit of public safety. Individually, they cannot achieve this goal but collectively they can do so. Similarly, no one individual can ensure a safe atmosphere. It is only through a properly trained team of individuals, each with a role to play, working in harmony with each other, that we can achieve our goals. Some of the following tactics speak for themselves. When appropriate, we have elaborated for greater context and understanding. 1) ERADICATION OF FAKE ID'S We have multiple measures in place to protect against underage customers which is one of our greatest priorities. Upon every customers arrival after 7:30pm we deploy three inspections. One, a visual inspection with a regular flashlight placed from behind the ID. Two, we inspect the ID with a black light. Three, we scan the ID with a computer. The first tactic is the simple 'trick' that exposes the modern fakes as the edge of a fake ID will illuminate whereas a real ID will not. Day time bartenders are trained in ID inspections as well. We have never sought to turn a blind eye to the constant bombardment of underage customers. Yet our failings in the past are solely our own. Over that past 6+ months, following the introduction of a simple ‘trick’ to detect modern fakes we have confiscated nearly 90 fake ID's. The numbers have diminished from approximately 15/week at the outset of our new defensive measures to only a couple per week today. These numbers speak to the real infestation we had right before our eyes with underage patrons. Yet because of the sophistication of today's ID's we failed to seize control of the situation. In today's rumor mill, the word has most certainly circulated among the underage community that Khartoum is no longer a location where a fake ID will work. Fixing this situation has been a huge step in the right direction and one that will have lasting impact. 2) NEW SECURITY TEAM & MANDATORY GUARD CARD As outlined at our February hearing we acknowledge that one of our shortcomings was the poor performance of our security team. Today we have added a new Head of Security and replaced those individuals who were not contributing to our overall goals. We have also required that all security obtain a Guard Card certification which is a 15-hour on-line course that provides valuable training. 3) HEIGHTENED CUSTOMER CODE OF CONDUCT To create a safe atmosphere we must hold our customers to a higher standard than we previously did. When alcohol is involved this means we must constantly evaluate our customers conduct, intervene when they appear to be acting inappropriately, and remove that customer. We have a fiduciary duty to do so for the safety to themselves, their fellow patrons, and to our own staff. We adhere to the following acronym:  S.I.D. - Scan: We must continuously scan the crowd and read body language. - Intervene: When we identify a potential hazard we must intervene and evaluate the situation further. - Diffuse: Our goal is always to diffuse/de-escalate the situation and to remove any customer who poses an immediate or potential threat to our objective of public safety. 4) EMPLOYEE CODE OF CONDUCT We have always maintained a high standard for our staff. Specifically, as it pertains to public safety we impose a ZERO TOLERANCE POLICY for drinking before or during ones shift. A sober mind is necessary to navigate the complex situations that can arise when dealing with customers who are drinking. 5) ADDITIONAL 'FILTERS' TO WEED OUT HAZARDS As customers approach the bar our filtration measures are already being deployed. We have a series of filters designed to identify and then prohibit entry from what we deem to be hazardous or toxic customers. #1-'Fade the Line' As customers approach the bar and enter into a line we have an assigned security member monitor the line. Their job is to identify anyone who poses a hazard to public health. We are looking for individuals who show disregard for the law (drinking in public), disregard for others (lewd and inappropriate language), and are dressed inappropriately. #2 - Even Stricter Dress Code We have made our dress code even stricter than before. It is not meant to discriminate, rather to promote a cleaner look which in turn can weed out many toxic customers. For example, the crowd that frequents downtown San Jose’s hip-hop/rap clubs will dress a certain way. Gang members will dress a certain way. Drug dealers will dress a certain way. While some may accuse us of discriminating we have the right, as a business, to refuse entry to any individual with due cause. Our dress code serves as a vital filter as well as a test to our customers. If a customer's attire is a border-line violation of our dress code we may, at our discretion, give them an opportunity to gain entry. However, at this point, their attitude becomes a key contributing factor. If they are combative they will be denied entry. If they are respectful and cooperative they may be granted entry under the caveat that next time they must adhere to our dress code. By having a consistent and fair dress code we can educate our customers over time so that they know what to expect upon arrival. This tactic also helps to establish the fact that they are entering our business, under our rules. This tactic goes a long ways towards establishing a culture of respect between customer and business which, in the long run, contributes to a safe atmosphere. #3 - Patron Scan and Customer Profile Perhaps one of our greatest tools is the scanning tool we use to validate ID's, build a customer profile and maintain an active '86' list (banned list). Every customer is scanned after 7:30pm. This creates a profile containing their basic info as well as capturing a live picture of that customer. If a customer is removed we will likely 86 them which we can do by editing their profile and making note of the type of violation. We can ban them for any period of time we choose. If they attempt to return at a later date our system will notify us of their offense. The added benefit of this tool is psychological. Similar to our dress code, the mere fact that we have their information on file serves as a deterrent to any misconduct. This sort of deterrent helps us to encourage a safe atmosphere. Our profiles can also be shared with police. Should an officer need to investigate an incident our profiles can be a helpful tool. On a side note, our scanner allows us to 'link' with other businesses that use the same device and if we ban someone we can choose to share that information with other businesses. There are about 3 major brands but they can only share information with like brands. This system was mandated city-wide in Sacramento to help promote public safety in their bar districts. #4 - Tighter Filter on Music It may not be obvious but the type of music a business plays is critical to the culture it develops. Our goal is to create a friendly neighborhood bar and not be a night club. We encourage and allow customers to play music on the Juke Box, but we have applied a filter to our music selection to prohibit the playing of most hip-hop and rap music. This helps to keep the crowd from getting too 'hyped-up' and further aids in our pursuit of a safe atmosphere. I cannot stress the importance of music and its impact on a bar. Perhaps the greatest visual I can paint for those of you who have never been inside Khartoum is that of a full bar, on Karaoke night, singing together. This is the sort of community we have always been and strive to maintain. A diverse collection of citizens, most who don't know one another, all singing together to John Denver's classic song, "Take Me Home, Country Roads". It is a rarity for any bar to develop that sort of camaraderie among its patrons for that camaraderie only comes from a long history of trust. It is this camaraderie among both patrons and staff that will serve as one of the foundational pillars for Khartoum moving forward. 6) CUSTOMER EDUCATION It will be our aim to deploy a campaign to educate our customers so that they are aware of our current situation, the errors of our past, and what we will be expecting from customers moving forward so that Khartoum can continue to be a location they can enjoy. This will come in the form of fact-to-face conversation as well as the use of social media. Such an education campaign will help to reinforce a mutual respect between bar and customer and to re-establish the proper culture moving forward. 7) DECREASED PORTIONS & INCREASED PRICES The combination of serving less and charging more will discourage over-consumption which will correlate to less disorderly conduct. 8) BARTENDERS MUST PARTICIPATE While the floor is managed by our security team the bartenders must also participate in our collective efforts to filter out hazardous and toxic customers. As the bartender generally has more intimate contact with the customer this affords them the repeated opportunity to scrutinize the conduct of our customers. They must be vigilant and constantly make a judgement call with each drink they serve. This is especially important during ‘extended business hours’. 9) COMMUNICATIOIN VIA WALKIE-TALIE Instant communication between all staff further allows us to respond to any situation promptly. This allows us to intervene before a situation escalates. Being able to act PROACTIVELY is among our greatest mitigation tactics. 10) POLICE PARTNERSHIP At times, despite our finest efforts, police support is required. We welcome any and all police involvement for their mere presence does not go unnoticed by customers. While we will strive to create a culture that does not necessitate police intervention our staff is trained to call for support when necessary. Additionally, Captain White has encouraged us to reach out and set up an informal ‘meet & greet’ with Campbell’s night patrol. Having a closer relationship with our police partners will only bolster our position and help us to have a symbiotic relationship with the police force and community. CONCLUSION We ask that this commission reinstate our hours to 2am, not an intermediary hour like 1am as was considered at the February hearing. If granted, the bar will be afforded the discretion to perform last call as we deem appropriate. For example, on a Monday we may choose to announce last call at 1:30. On a Saturday with a full bar we may choose to call it at 1am. We feel we have earned the right, over the past 6 months, to operate with extended hours and use our own discretion to ensure we meet our goals. Further, we hope that the mitigation plan we have outlined, coupled with our internal improvements and strengthened security team, instills a newfound trust in our business that was not sufficiently established in February. As JFK said, an error only becomes a mistake if you refuse to correct it. May our errors of the past serve as lessons and aid in our efforts to rebuild the trust with each of you, our police force and our community. Thank you for your consideration. The Khartoum Team MEMORANDUM MITIGATION EFFORTS TO PROMOTE PUBLIC SAFETY The following mitigation tactics each have a role to play in the creation of a friendly atmosphere and pursuit of public safety. Individually, they cannot achieve this goal but collectively they can do so. Similarly, no one individual can ensure a safe atmosphere. It is only through a properly trained team of individuals, each with a role to play, working in harmony with each other, that we can achieve our goals. Some of the following tactics speak for themselves. When appropriate, we have elaborated for greater context and understanding. 1) ERADICATION OF FAKE ID'S We have multiple measures in place to protect against underage customers which is one of our greatest priorities. Upon every customers arrival after 7:30pm we deploy three inspections. One, a visual inspection with a regular flashlight placed from behind the ID. Two, we inspect the ID with a black light. Three, we scan the ID with a computer. The first tactic is the simple 'trick' that exposes the modern fakes as the edge of a fake ID will illuminate whereas a real ID will not. Day time bartenders are trained in ID inspections as well. We have never sought to turn a blind eye to the constant bombardment of underage customers. Yet our failings in the past are solely our own. Over that past 6+ months, following the introduction of a simple ‘trick’ to detect modern fakes we have confiscated nearly 90 fake ID's. The numbers have diminished from approximately 15/week at the outset of our new defensive measures to only a couple per week today. These numbers speak to the real infestation we had right before our eyes with underage patrons. Yet because of the sophistication of today's ID's we failed to seize control of the situation. In today's rumor mill, the word has most certainly circulated among the underage community that Khartoum is no longer a location where a fake ID will work. Fixing this situation has been a huge step in the right direction and one that will have lasting impact. 2) NEW SECURITY TEAM & MANDATORY GUARD CARD As outlined at our February hearing we acknowledge that one of our shortcomings was the poor performance of our security team. Today we have added a new Head of Security and replaced those individuals who were not contributing to our overall goals. We have also required that all security obtain a Guard Card certification which is a 15-hour on-line course that provides valuable training. 3) HEIGHTENED CUSTOMER CODE OF CONDUCT To create a safe atmosphere we must hold our customers to a higher standard than we previously did. When alcohol is involved this means we must constantly evaluate our customers conduct, intervene when they appear to be acting inappropriately, and remove that customer. We have a fiduciary duty to do so for the safety to themselves, their fellow patrons, and to our own staff. We adhere to the following acronym:  S.I.D. - Scan: We must continuously scan the crowd and read body language. - Intervene: When we identify a potential hazard we must intervene and evaluate the situation further. - Diffuse: Our goal is always to diffuse/de-escalate the situation and to remove any customer who poses an immediate or potential threat to our objective of public safety. 4) EMPLOYEE CODE OF CONDUCT We have always maintained a high standard for our staff. Specifically, as it pertains to public safety we impose a ZERO TOLERANCE POLICY for drinking before or during ones shift. A sober mind is necessary to navigate the complex situations that can arise when dealing with customers who are drinking. 5) ADDITIONAL 'FILTERS' TO WEED OUT HAZARDS As customers approach the bar our filtration measures are already being deployed. We have a series of filters designed to identify and then prohibit entry from what we deem to be hazardous or toxic customers. #1-'Fade the Line' As customers approach the bar and enter into a line we have an assigned security member monitor the line. Their job is to identify anyone who poses a hazard to public health. We are looking for individuals who show disregard for the law (drinking in public), disregard for others (lewd and inappropriate language), and are dressed inappropriately. #2 - Even Stricter Dress Code We have made our dress code even stricter than before. It is not meant to discriminate, rather to promote a cleaner look which in turn can weed out many toxic customers. For example, the crowd that frequents downtown San Jose’s hip-hop/rap clubs will dress a certain way. Gang members will dress a certain way. Drug dealers will dress a certain way. While some may accuse us of discriminating we have the right, as a business, to refuse entry to any individual with due cause. Our dress code serves as a vital filter as well as a test to our customers. If a customer's attire is a border-line violation of our dress code we may, at our discretion, give them an opportunity to gain entry. However, at this point, their attitude becomes a key contributing factor. If they are combative they will be denied entry. If they are respectful and cooperative they may be granted entry under the caveat that next time they must adhere to our dress code. By having a consistent and fair dress code we can educate our customers over time so that they know what to expect upon arrival. This tactic also helps to establish the fact that they are entering our business, under our rules. This tactic goes a long ways towards establishing a culture of respect between customer and business which, in the long run, contributes to a safe atmosphere. #3 - Patron Scan and Customer Profile Perhaps one of our greatest tools is the scanning tool we use to validate ID's, build a customer profile and maintain an active '86' list (banned list). Every customer is scanned after 7:30pm. This creates a profile containing their basic info as well as capturing a live picture of that customer. If a customer is removed we will likely 86 them which we can do by editing their profile and making note of the type of violation. We can ban them for any period of time we choose. If they attempt to return at a later date our system will notify us of their offense. The added benefit of this tool is psychological. Similar to our dress code, the mere fact that we have their information on file serves as a deterrent to any misconduct. This sort of deterrent helps us to encourage a safe atmosphere. Our profiles can also be shared with police. Should an officer need to investigate an incident our profiles can be a helpful tool. On a side note, our scanner allows us to 'link' with other businesses that use the same device and if we ban someone we can choose to share that information with other businesses. There are about 3 major brands but they can only share information with like brands. This system was mandated city-wide in Sacramento to help promote public safety in their bar districts. #4 - Tighter Filter on Music It may not be obvious but the type of music a business plays is critical to the culture it develops. Our goal is to create a friendly neighborhood bar and not be a night club. We encourage and allow customers to play music on the Juke Box, but we have applied a filter to our music selection to prohibit the playing of most hip-hop and rap music. This helps to keep the crowd from getting too 'hyped-up' and further aids in our pursuit of a safe atmosphere. I cannot stress the importance of music and its impact on a bar. Perhaps the greatest visual I can paint for those of you who have never been inside Khartoum is that of a full bar, on Karaoke night, singing together. This is the sort of community we have always been and strive to maintain. A diverse collection of citizens, most who don't know one another, all singing together to John Denver's classic song, "Take Me Home, Country Roads". It is a rarity for any bar to develop that sort of camaraderie among its patrons for that camaraderie only comes from a long history of trust. It is this camaraderie among both patrons and staff that will serve as one of the foundational pillars for Khartoum moving forward. 6) CUSTOMER EDUCATION It will be our aim to deploy a campaign to educate our customers so that they are aware of our current situation, the errors of our past, and what we will be expecting from customers moving forward so that Khartoum can continue to be a location they can enjoy. This will come in the form of fact-to-face conversation as well as the use of social media. Such an education campaign will help to reinforce a mutual respect between bar and customer and to re-establish the proper culture moving forward. 7) DECREASED PORTIONS & INCREASED PRICES The combination of serving less and charging more will discourage over-consumption which will correlate to less disorderly conduct. 8) BARTENDERS MUST PARTICIPATE While the floor is managed by our security team the bartenders must also participate in our collective efforts to filter out hazardous and toxic customers. As the bartender generally has more intimate contact with the customer this affords them the repeated opportunity to scrutinize the conduct of our customers. They must be vigilant and constantly make a judgement call with each drink they serve. This is especially important during ‘extended business hours’. 9) COMMUNICATIOIN VIA WALKIE-TALIE Instant communication between all staff further allows us to respond to any situation promptly. This allows us to intervene before a situation escalates. Being able to act PROACTIVELY is among our greatest mitigation tactics. 10) POLICE PARTNERSHIP At times, despite our finest efforts, police support is required. We welcome any and all police involvement for their mere presence does not go unnoticed by customers. While we will strive to create a culture that does not necessitate police intervention our staff is trained to call for support when necessary. Additionally, Captain White has encouraged us to reach out and set up an informal ‘meet & greet’ with Campbell’s night patrol. Having a closer relationship with our police partners will only bolster our position and help us to have a symbiotic relationship with the police force and community. CONCLUSION We ask that this commission reinstate our hours to 2am, not an intermediary hour like 1am as was considered at the February hearing. If granted, the bar will be afforded the discretion to perform last call as we deem appropriate. For example, on a Monday we may choose to announce last call at 1:30. On a Saturday with a full bar we may choose to call it at 1am. We feel we have earned the right, over the past 6 months, to operate with extended hours and use our own discretion to ensure we meet our goals. Further, we hope that the mitigation plan we have outlined, coupled with our internal improvements and strengthened security team, instills a newfound trust in our business that was not sufficiently established in February. As JFK said, an error only becomes a mistake if you refuse to correct it. May our errors of the past serve as lessons and aid in our efforts to rebuild the trust with each of you, our police force and our community. Thank you for your consideration. The Khartoum Team DOWNTOWN ALCOHOL BEVERAGE POLICY Adopted February 3, 2009 Amended October 4, 2011 POLICY ADDRESSING THE ISSUANCE OF ALCOHOLIC BEVERAGE LICENSES AND THE SERVICE OF ALCOHOL IN THE DOWNTOWN I. PURPOSE The Downtown area of Campbell by nature is a compact commercial district intended to be the center of social and civic activity for the City. The City has encouraged, through its redevelopment programs and City policies, an active and vibrant balance of day and night time land uses to appeal to all demographics. To be successful, a downtown must be appealing to local residents and also serve as a destination for visitors to our community. A component of any successful downtown is restaurants and night time venues that provide a selection of places to dine and socialize. Alcoholic beverage licenses are often requested as a part of the operation and service offered by such establishments. City policy supports the responsible service of alcohol as a component to those full service restaurants and night time establishments. The City currently uses a number of tools designed to protect the public welfare when considering alcohol service including conditions of operations, police enforcement, the State Office of Alcohol Beverage Control regulations, and administrative citations. However, the over-concentration of late night alcohol serving establishments within a compact downtown district can create a cumulative impact that overwhelms the area creating an undesirable result such as drunk in public, vandalism, and disorderly conduct. While acknowledging the positive contributions restaurants and night time activities provide to a vibrant commercial district, maintaining the proper balance of uses is essential to a successful downtown. This policy is intended to: • Provide the Planning Commission and City Council with guidelines when considering how new applications for alcohol beverage service affects the proper balance and/or concentration of a particular land use, especially as it relates to late night service of alcohol. • Provide clear policy direction to staff as a basis in evaluating new applications for alcohol beverage service; and • Demonstrate to the Campbell community and the general public that the City intends to maintain a level of discretion and control over late night alcohol service. For purposes of this policy, the "Downtown" is defined by the boundary map attached as "Exhibit A". The following provisions are intended to balance the health and safety of the community while still maintaining the commercial viability of the downtown in which restaurants have an essential role. Hours of operation may be regulated based on an establishment's proximity to a residential neighborhood, the concentration of similar alcohol beverage R:\Downtown Alcohol Policy\Downtown Alcohol Beverage Pol!cy.Amend.doc licenses in the area or other material reasons raised at a public hearing in consideration of an alcohol beverage license. By controlling the concentration of alcohol service establishments and the operation of late night alcohol beverage service, this policy is consistent with the goals and objectives of the Downtown Development Plan and General Plan by reflecting the vision for the downtown as a safe and healthy environment for all to enjoy. II. GENERAL POLICY The deciding body shall consider the following policy guidelines in reviewing any application involving the service of alcoholic beverages: 1. Stand Alone Bars a. The City strongly discourages new applications for stand alone bars in the downtown. This includes nightclubs, ultra lounges or similar establishments typically offering live entertainment and late night alcohol service. b. Wine bars and wine tasting establishments with hours not exceeding 11:00 PM may be approved. 2. Restaurants with Separate Bars Conditional Use Permits for restaurants requesting separate bar areas should have the separate bar area be ancillary and subordinate to the primary purpose of serving food and should comply with the following criteria: a. Unless otherwise approved by the Planning Commission, the bar area is restricted to having no more than 25 percent of the total seating allowed for the establishment. b. The bar cannot stay open past the hours of operation of the restaurant. c. Full menu food service must be provided at all times. d. Live entertainment is limited to live musicians complimentary to the primary purpose of providing meal service, is subject to Section 5.24.010 of the Municipal Code which requires a Live Entertainment Permit, and shall not be permitted past 11:00 PM. e. Alcohol beverage service in the dining room area is only allowed in conjunction with food service. Additionally, the dining room area may not be converted to bar area. An area for dancing can be approved with a conditional use permit. f. Meal service must be permitted in the bar area. g. Specific hours of operation are determined by the Planning Commission upon issuance of a Conditional Use Permit. h. Outdoor seating areas are considered part of the dining area and shall be subject to the restrictions of Section 11.2.e. Outdoor dining areas shall be closed down by 11 :00 PM. Outdoor seating is prohibited for stand alone bars. i. Doors and windows shall remain closed after 10:00 PM. R:\Downtown Alcohol Policy\Downtown Alcohol Beverage Policy.Amend.doc 3. Restaurants w/o Separate Bars a. Any new discretionary land use permit granted to a restaurant which allows alcohol beverage service, must have a full service menu available during operational hours. A full service menu is defined as a combination of food items intended to serve as meals for breakfast, lunch or dinner. A menu consisting of only food items commonly known as appetizers such as popcorn, nachos, pretzels, potato skins, relish trays, etc. (hot or cold) is not a full service menu. The full service menu the applicant intends to serve must be submitted with each application. b. Restaurants without separate bars are also subject to the provisions of Section 11.2 as it relates to live entertainment, alcohol service, meal service, outdoor seating, and the closing of windows and doors. 4. Hours of Operation a. It is strongly recommended that Conditional Use Permits for establishments for on-site consumption of alcohol beverages be limited to a closing time of no later than 12:00 AM. b. Restaurants requesting beer and wine service only with operating hours not exceeding 11 PM will continue to be allowed without a Conditional Use Permit. 5. Operating Conditions Any new discretionary land use permit granting an establishment alcohol beverage service or any modification of a land use permit to serve alcohol for on- site consumption may be subject to the following conditions: a. Uniformed, privately provided security staff may be required in and/or around the premises when deemed necessary by the Chief of Police. b. At the discretion of the Chief of Police, periodic meetings will be conducted with representatives from the Police Department/Alcohol Beverage Control for on-going employee training on alcoholic beverage service to the general public. c. All establishments shall use an employee training manual that addresses alcoholic beverage service consistent with the standards of the California Restaurant Association and the Department of Alcohol Beverage Control. d. All licensed operators shall have and shall actively promote a designated driver program such as complimentary non-alcoholic beverages for designated drivers. e. Taxicab telephone numbers shall be posted in a visible location. R:\Downtown Alcohol Policy\Downtown Alcohol Beverage Policy.Amend.doc 6. Existing Establishments a. Those existing establishments operating under a valid Conditional Use Permit with alcohol beverage licenses in effect as of the date of adoption of this policy, and conducting business in good standing under their Conditional Use Permit, may continue to operate under their current conditions of approval. b. The City may consider an application for expansion of an existing establishment that is currently permitted to serve late night alcohol as of the effective date of this policy, subject to the deciding body making the following findings that: i) The establishment is currently operating and has operated in good standing under the terms of its conditional use permit and as a responsible business owner in the community; and ii) The proposed expansion will not have a material detrimental affect on the health, safety and welfare of the downtown and its surrounding neighborhoods due to its size, number of permitted occupants and general management and operation; and iii) The expansion or intensification will not adversely affect the goal of achieving a balanced use of commercial space downtown as envisioned under the Downtown Development Plan which promotes predominantly retail and restaurant uses. c. All new and existing establishments are subject to Section Ill of this policy. Ill. Enforcement All Conditional Use Permits issued to establishments for alcoholic beverage service on- site are subject to Sections 21.68.020, 21.68.030 and 21.68.040 of the Campbell Municipal Code authorizing the appropriate decision making body to modify or revoke a Conditional Use Permit if it is determined that the sale of alcohol has become a nuisance to the City's public health, safety or welfare. At the discretion of the Community Development Director, any establishment that generates three (3) verifiable complaints related to violations of conditions of approval and/or related to the service of alcohol within a six (6) month period may be scheduled before the Planning Commission for a public hearing to consider modifying conditions of approval or revoking its conditional use permit. Nothing contained in this section is intended to limit the authority of the Community Development Director to commence proceedings for the revocation or modification of use permits upon the occurrence of less than three (3) complaints if the Community Development Director determines that the alleged violation warrants such an action._ln exercising this authority, the decision making body may consider the following factors, among others: R:\Downtown Alcohol Policy\Downtown Alcohol Beverage Po!icy.Amend.doc a. The number and types of Police Department calls for service at or near the establishment that are reasonably determined to be a direct result of patrons actions; b. The number of complaints received from residents, business owners and other citizens concerning the operation of an establishment, c. The number of arrests for alcohol, drug, disturbing the peace, fighting and public nuisance violations associated with an establishment; d. The number and kinds of complaints received from the State Alcoholic Beverage Control office and the County Health Department; and e. Violation of conditions of approval. The City retains the right of review and to approve (or deny) an application based on its merits. R:\Downtown Alcohol Policy\Downtown Alcohol Beverage Policy.Amend.doc October 4, 2011 1. 2. 3. 4. 5. 6. 7. List of Existing Establishments Eligible for Consideration under Section 6.b of the Downtown Alcohol Beverage Policy Chacho's 266 E. Campbell Avenue Katie Blooms Irish Pub 369 E. Campbell Avenue Cardiff Lounge 260 E. Campbell Avenue Khartoum 300 Orchard City Drive Sonoma Chicken Coup 200 E. Campbell Avenue La Pizzeria 373 E. Campbell Avenue The Spot 201 Orchard City Drive ITEM NO. 2 CITY OF CAMPBELL ∙ PLANNING COMMISSION Staff Report ∙ September 13, 2022 PLN-2022-48 Razumich, J. Public Hearing to consider the application by John Razumich (Imwalle Properties, Inc.), for a Conditional Use Permit (PLN-2022-48) to allow for a professional office use and a bank and financial service use to locate on the ground floor of a three-story office building located at 30 South First Street in the C-3 (Central Business District) Zoning District. STAFF RECOMMENDATION That the Planning Commission take the following action: 1. Adopt a Resolution (reference Attachment 1), approving a Conditional Use Permit (PLN-2022-48) to allow for a professional office and bank and financial service use on the ground floor of a three-story building, and finding the project Categorically Exempt under Section 15301 of the California Environmental Quality Act. ENVIRONMENTAL (CEQA) DETERMINATION Staff recommends that the Planning Commission find that this project is Categorically Exempt under Section 15301 (Class 1) of the California Environmental Quality Act (CEQA) pertaining to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of an existing private structure. PROJECT DATA Zoning District: C-3 Central Business District General Plan: Central Commercial Proposed Use on Ground Floor: Professional Office use and Bank and Financial Service use Proposed Hours: 7:00 AM – 6:00 PM, Monday through Friday Building Area: Approximately 23,032 square feet Ground Floor Square Feet: Approximately 805 square feet BACKGROUND In February 2017, a Site and Architectural Review Permit was approved by the Planning Commission for the construction of a 10,819 square foot addition to an existing building located at 276 E. Campbell Avenue (notable tenants being Opa! Campbell, Mo’s Campbell, and Willard Hicks Campbell). In March 2017, an appeal of the Planning Commission decision was filed. In April 2017, the City Council denied the appeal and upheld the Planning Commission decision and approved a parking modification allowing a reduction in the number of required parking spaces. The building expansion is currently under construction. Staff Report ~ Planning Commission Meeting of September 13, 2022 Page 2 of 8 PLN-2022-48 ~ 30 South First Street PROJECT DESCRIPTION Applicant’s Proposal: The applicant is requesting approval of a Conditional Use Permit to allow for a professional office use and bank and financial service use to locate on the ground floor of a three-story building. As described by the applicant's Project Description (reference Attachment 2), the hours of operation for the ground floor professional office/bank and financial service use is proposed from 7:00 AM to 6:00 PM Monday through Friday. The submitted site plan (reference Attachment 3 – Project Plans) depicts the existing three restaurants (Willard Hicks, Mo’s, and Opa), the existing outdoor dining area, and the location for the proposed ground floor professional office/bank and financial service use. The site plan indicates the proposed ground floor professional office/bank and financial service use will be located off of South First Street, as opposed to East Campbell Avenue. The submitted floor plans (reference Attachment 3 – Project Plans), indicate two scenarios, one indicating a wall separating a lobby area from a ground floor use and a bathroom, and another, indicating one tenant space. Figure 1: Proposed Site Plan, Proposed use shown in the red box Staff Report ~ Planning Commission Meeting of September 13, 2022 Page 3 of 8 PLN-2022-48 ~ 30 South First Street Figure 2: Proposed floor plan for first floor Project Location: The project site is an approximately 15,932 square foot site, which is comprised of a singular three-story multi-tenant building. The project site is located at the southeast corner of East Campbell Avenue and South First Street. The proposed professional office use and bank and financial service use is proposing to occupy a portion of ground floor of the building fronting South First Street (shown in Figure 1), occupying approximately 805 square feet as shown above in Figure 2. Figure 3: Project Location Staff Report ~ Planning Commission Meeting of September 13, 2022 Page 4 of 8 PLN-2022-48 ~ 30 South First Street ANALYSIS General Plan: The General Plan Land Use designation for the property is Central Commercial. The General Plan Land Use designation of Central Commercial is used for Downtown Campbell, including parts of Campbell and Winchester Avenues adjacent to Downtown Campbell. This area is intended to provide shopping, services, and entertainment within a pedestrian oriented, urban environment. Building forms in this designation edge the street and should include retail commercial uses on the ground floor, with either office or residential uses on the second and third floors. The proposed use is consistent with the General Plan Land Use designation of Central Commercial. To further the goals of the General Plan and provide clear guidance for staff and decision makers, the Downtown has an adopted “Development Plan” which establishes clearer direction of how the downtown should be developed. The purpose of the Downtown Development Plan is to provide a vision for Downtown Campbell and a framework for the physical development, business development and preservation of the historic downtown. The project complies with the Downtown Development Plan. Zoning Code: The project site has a zoning designation of C-3 Central Business District. The C-3 zoning district is applied to the Downtown area in the city, including and surrounding parts of Campbell Avenue in downtown Campbell. The C-3 zoning district was created to enhance the Downtown area as a unique and viable retail and business center serving local and area wide needs. Administrative Procedure: In the C-3 (Central Business District) Zoning District, professional office and bank and financial service uses on the ground floor require issuance of a Conditional Use Permit. Professional office and bank and financial service uses do not require a Conditional Use Permit on upper floors. In accordance with CMC 21.72 (Definitions) a professional office and bank and financial services uses are defined as follows: “Professional office" means professional or government offices including: administrative; accounting, auditing, and bookkeeping services; advertising agencies; architectural, engineering, planning and surveying services; attorneys; counseling services; court reporting services; data processing and computer services; detective processing and computer services; educational, scientific and research organizations; Employment, stenographic, secretarial and word processing services; Insurance agencies; Government offices including agency and administrative office facilities; Management, public relations and consulting services philanthropic enterprises; Philanthropic enterprises; Photography and commercial art studios; Public utilities; Real estate services; Travel agencies; Writers and artists offices outside the home. It does not include medical offices, financial institutions. “Bank and financial service use” means financial institutions including: Banks and trust companies; Credit agencies; Holding (but not primarily operating) companies; Lending and thrift institutions; Other investment companies; Securities/commodity contract brokers and dealers; Security and commodity exchanges; Vehicle finance (equity) leasing agencies. But does not include Check cashing or Payday lending. Staff Report ~ Planning Commission Meeting of September 13, 2022 Page 5 of 8 PLN-2022-48 ~ 30 South First Street The professional office and bank and financial service uses is proposing to locate on the ground floor of a three-story commercial building with no changes to the exterior. Professional offices and bank and financial service uses on the ground floor require issuance of a Conditional Use Permit. Professional offices and bank and financial service uses on the upper floors do not require a Conditional Use Permit, therefore, the Conditional Use Permit request is only limited to the ground floor. There are two floor plans proposed for the first floor. Per the project plans (Attachment 3), floor plan 1A illustrates a lobby area separated from an office use while floor plan 1B illustrates an open floor plan, with no demising wall. The purpose of these two floor plans on the first floor is to provide flexibility for prospective tenants. This Conditional Use Permit request does not preclude retail from occupying the ground floor in the future, as retail is a permitted use in the C-3 zoning district. Parking: As part of the approvals granted in 2017, the City Council restricted the use of the ground floor to a use that is parked at an equivalent or less intensive parking standard to that of a retail use. The City Council also approved a Parking Modification allowing for a reduction in parking spaces and to require a parking impact fee. The parking impact fee is a minimum of $6,000 per parking space the project is deficient and this fee would be increased to reflect inflation at the time of payment. The parking standard for retail is 1 parking space per 345 square feet gross floor area. The parking standard for professional office is 1 parking space per 425 square feet gross floor area and the parking standard for a bank is 1 parking space per 350 square feet gross floor area. The parking standard for the professional office use and bank use are both less intense than the parking requirement for the retail use. The proposed ground floor professional office and bank and financial service uses are not required to provide parking as the parking modification permit previously approved by the City Council remains in full force and will address the parking demand from the office / bank / financial service use. Conditional Use Permit Findings (Section 21.46.040 of CMC): The property is located within the C-3 Zoning District. Professional Office and a Bank and Financial Services uses located on the ground floor may be allowed subject to approval of a Conditional Use Permit after making all six (6) of the required findings described in italics below. An explanation of how the project does or does not meet each finding follows in plain text below. 1. The proposed use is allowed within the applicable zoning district with Conditional Use Permit approval, and complies with all other applicable provisions of this Zoning Code and the Campbell Municipal Code; See related discussion under ‘Zoning Code’. The uses are a Professional Office use and a Bank and Financial Service use which are allowed on the ground floor with the approval of a Conditional Use Permit. A Professional Office and a Bank and Financial Service use are allowed by-right on the upper floors. 2. The proposed use is consistent with the General Plan; Allowing a professional office and bank and financial service use on the ground floor of a three-story building will meet the purpose/intent of the Central Commercial General Plan land use designation which is to provide shopping, services, and entertainment within a pedestrian oriented, urban environment. The applicant’s proposal may also be found to further the following General Plan policies and strategies: Staff Report ~ Planning Commission Meeting of September 13, 2022 Page 6 of 8 PLN-2022-48 ~ 30 South First Street Policy LUT-5.3: Variety of Commercial and Office Uses: Maintain a variety of attractive and convenient commercial and office uses that provide needed goods, services, and entertainment. Strategy LUT-1.5a: Transit-Oriented Developments: Encourage transit-oriented developments including employment centers such as office and research and development facilities and the city’s highest density residential projects by coordinating the location, intensity, and mix of land uses with transportation resources, such as Light Rail. The project complies with the above General Plan policy and strategy by providing a variety of complimentary uses within the downtown area and focusing employment growth near the downtown light rail station. The project also complies with Policy LU-7.1 of the Downtown Development Plan that states the following: “Urban/Small Town Densities: Downtown development should achieve densities and development patterns consistent with urban centers and central businesses districts, while maintaining a small town scale.” While the project is not proposing any residential uses and therefore, the concept of density is not relevant, the project is proposing a Professional Office and Bank and Financial Service use off South First Street (which is not on the main corridor of East Campbell Avenue) and is expected in urban centers and central business districts. 3. The proposed site is adequate in terms of size and shape to accommodate the fences and walls, landscaping, parking and loading facilities, yards, and other development features required in order to integrate the use with uses in the surrounding area; The project site is an existing property that adequately can accommodate fences, walls, landscaping, parking and loading facilities, and yards. While there are not any fences, walls, or yards proposed, the corner plaza area contains landscaping area for the project site. These landscaped areas are comprised of planters and ground planted landscaping at the corner of East Campbell Avenue and South First Avenue. Based on the parking modification previously approved by the City Council, which remains in full force and effect, the project site is not required to provide on-site parking or loading facilities. 4. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic the use would be expected to generate; The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic the use would be expected to generate. Access to the site would be from South First Street, Orchard City Drive, and East Campbell Avenue. South First Street, Orchard City Drive, and East Campbell Avenue are all two-lane roads. Per the General Plan, East Campbell Avenue is a commercial/industrial collector street and Orchard City Drive is a Class II Arterial. South First Street is a local street. A collector street is a street that has low to medium speed two-lane that serve to collect and channel local traffic to arterials and to distribute arterial traffic onto local streets. Commercial/industrial collectors have adjacent commercial and industrial land uses. A Class II Arterial are major multi-lane streets that primarily function to serve through traffic for inter-city and intra-city trips and generally have on-street parking and serve major bus routes such as Campbell Avenue. Lastly, local streets are low-speed two-lane streets that provide direct access to abutting land uses. Staff Report ~ Planning Commission Meeting of September 13, 2022 Page 7 of 8 PLN-2022-48 ~ 30 South First Street 5. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses on-site and in the vicinity of the subject property; and The proposed professional office and bank and financial service use on the ground floor is compatible with surrounding and future uses. While much of the downtown area is comprised of retail and restaurant uses on the ground floor, the professional office and bank and financial service use is oriented towards South First Street and not along East Campbell Avenue. East Campbell Avenue is the main street in which commercial activity is centered on, and is expected to be a pedestrian-oriented street with retail and restaurant businesses. Recognizing the characteristic of the downtown, the proposed professional office and bank and financial service uses are oriented with access off of South First Street, approximately 130-feet away from East Campbell Avenue. Furthermore, the proposed hours of operation from 7:00 AM to 6:00 PM Monday through Friday are compatible with the hours of operations for businesses within the area. 6. The establishment, maintenance, or operation of the proposed use at the location proposed will not be detrimental to the comfort, health, morals, peace, safety, or general welfare of persons residing or working in the neighborhood of the proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city. The proposed professional office and bank and financial services uses on the ground floor at the project site will not be detrimental to the comfort, health, morals, peace, safety, or general welfare of persons residing or working in the neighborhood of the proposed use or be detrimental or injurious to property and improvements to the neighborhood or to the general welfare of the city. The proposed uses are proposing to locate in a three-story building and is surrounded by restaurant and retail uses. The business operations will not be impactful to the surrounding area as the hours of operation (7:00 AM to 6:00 PM) are consistent with the hours of operation for businesses in the area. City staff interviewed a local commercial broker in August 2022 regarding the proposed ground floor professional office and bank and financial service use at the proposed location. The purpose of the conversation was to determine the viability of locating a non-office uses (e.g. retail uses) in the space. Based on the size, location, and configuration of the tenant space (including frontage width, depth, visibility, and total square footage), the commercial broker provided feedback that leasing of the ground floor to retail uses would pose a challenge. As stated, East Campbell Avenue is the main corridor for commercial activity within the Downtown. Locating retail off the main road would reduce the visibility of the business. Furthermore, the building frontage along South First Street is fragmented by entrances to parking lots and a continuous retail frontage is not established. The ground floor width and depth are also challenging to lease to retail tenants, as the visibility is compromised and the ‘back of house’ area may be too small for most retailers. The narrowness of the tenant space makes it challenging to lease the space to a wider array of tenants. The local commercial broker stated that ground floor professional office and bank and financial service use would be the most viable given the location. Locating a ground floor professional office and bank financial Staff Report ~ Planning Commission Meeting of September 13, 2022 Page 8 of 8 PLN-2022-48 ~ 30 South First Street service use at this location would assist in reducing vacant storefronts within the Downtown area. Public Outreach: The project was noticed to all property owners within 300 feet of the subject property and publicized in the newspaper (Metro). No public comments have been received. Prepared by: Tracy Tam, Associate Planner Approved by: Rob Eastwood, Community Development Director Attachments: 1. Draft Resolution 2. Project Description 3. Project Plans RESOLUTION NO. 465_ BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL GRANTING APPROVAL OF A CONDITIONAL USE PERMIT (PLN-2022-48) TO ALLOW FOR A PROFESSIONAL OFFICE USE AND A BANK AND FINANCIAL SERVICE USE TO LOCATE ON THE GROUND FLOOR OF A THREE-STORY BUILDING LOCATED AT 30 SOUTH FIRST STREET IN THE C-3 (CENTRAL BUSINESS DISTRICT) ZONING DISTRICT. After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. The Planning Commission did find as follows with regard to application PLN-2022-48: 1. In February 2017, a Site and Architectural Review Permit was approved by the Planning Commission for the construction of a 10,819 square foot addition to an existing building located at 276 E. Campbell Avenue (notable tenants include: Opa! Campbell, Mo’s Campbell, and Willard Hicks Campbell). 2. In March 2017, an appeal of the Planning Commission decision was filed. Broadly speaking, the appeal asserted that the Planning Commission’s decision was inconsistent with the Downtown Master Plan. In April 2017, the City Council denied the appeal and upheld the Planning Commission decision and approved a parking modification allowing a reduction in the number of required parking spaces. 3. At the August 13, 2019 Planning Commission Meeting, the draft C-3 ordinance at the time contemplated included prohibiting professional office outright in the C-3 zoning district, however, the Planning Commission felt that was overly restrictive and allowed professional office as a Conditional Use. 4. In September 2020, the City Council adopted a zoning code text amendment which included changes to the C-3 (Central Commercial District) Zoning District. Of the text amendments adopted, a requirement for a Conditional Use Permit was imposed for ground-floor professional office and banks and financial services. Prior to this zoning text amendments, Conditional Use Permits were required for bank and financial service uses. Professional offices were allowed by-right except if it was on the ground floor or parcels abutting East Campbell Avenue east of Second Street, if certain standards were met: a) the business is located in a separate tenant space that is a minimum of fifty feet from the East Campbell Avenue property line; and b) the separate tenant space does not have a door or entrance that takes access from East Campbell Avenue. 5. On May 5, 2022, a Conditional Use Permit application was submitted to allow for a professional office and bank and financial service use to locate on the ground floor of a three-story building. A professional office use and a bank and financial service use on the upper floors in the C-3 zoning district do not require a Conditional Use permit. Planning Commission Resolution No. 46__ Page 2 of 4 30 South First Street Conditional Use Permit (PLN-2022-48) – Professional Office & Bank and Financial Service 6. The subject use, professional office use and bank and financial service use will occupy approximately 805 square feet of the ground floor. 7. The project site is the approximately 15,932 square foot lot containing one three-story commercial building located at 276 E. Campbell Avenue/30 South First Street. 8. As described by the applicant's Project Description, the Professional Office and Bank and Financial Service uses will occupy the ground floor of a three-story building. 9. The proposal does not result in any additional floor area. 10. The business would operate between 7:00 A.M. to 6:00 P.M. Monday through Friday, and accordingly, would not constitute a late-night use. The business will be closed on Sundays. 11. The project site is zoned C-3 (Central Business District) and designated Central Commercial by the General Plan. 12. In the C-3 (Central Business District) zoning district, ‘Professional Office’ and ‘Bank and Financial Service Use’ are identified as a Conditional Use if located on the ground floor. A Professional Office and Bank and Financial Service Use would not require a Conditional Use Permit if located on upper floors. 13. A ‘Professional Office’ is defined by CMC 21.72 as follows: “Professional office" means professional or government offices including: administrative; accounting, auditing, and bookkeeping services; advertising agencies; architectural, engineering, planning and surveying services; attorneys; counseling services; court reporting services; data processing and computer services; detective processing and computer services; educational, scientific and research organizations; Employment, stenographic, secretarial and word processing services; Insurance agencies; Government offices including agency and administrative office facilities; Management, public relations and consulting services philanthropic enterprises; Philanthropic enterprises; Photography and commercial art studios; Public utilities; Real estate services; Travel agencies; Writers and artists offices outside the home. It does not include medical offices, financial institutions).” 14. A ‘Bank and Financial Service use’ is defined by CMC 21.72 as follows: “Bank and financial service use” means financial institutions including: Banks and trust companies; Credit agencies; Holding (but not primarily operating) companies; Lending and thrift institutions; Other investment companies; Securities/commodity contract brokers and dealers; Security and commodity exchanges; Vehicle finance (equity) leasing agencies. But does not include Check cashing or Payday lending. 15. The project site does provide any parking spaces, based on a prior approval of a Parking Modification Permit (PLN2017-009; Resolution No. 12139) by the City Council. Planning Commission Resolution No. 46__ Page 3 of 4 30 South First Street Conditional Use Permit (PLN-2022-48) – Professional Office & Bank and Financial Service 16. Applicable General Plan Policies considered by the Planning Commission included, but were not limited to, the following: Policy LUT-5.3: Variety of Commercial and Office Uses: Maintain a variety of attractive and convenient commercial and office uses that provide needed goods, services, and entertainment. Policy LUT-1.5a: Transit-Oriented Developments: Encourage transit-oriented developments including employment centers such as office and research and development facilities and the city’s highest density residential projects by coordinating the location, intensity, and mix of land uses with transportation resources, such as Light Rail. Policy LU-7.1: Urban/Small Town Densities: Downtown development should achieve densities and development patterns consistent with urban centers and central businesses districts, while maintaining a small town scale. 17. In review the proposed project, the Planning Commission also weighed the public need for, and the benefit to be derived from, the project, against any impacts it may cause. 18. No substantial evidence has been presented which shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: Conditional Use Permit Findings (CMC Sec. 21.46.040): 1. The proposed use is allowed within the applicable zoning district with Conditional Use Permit approval, and complies with all other applicable provisions of this Zoning Code and the Campbell Municipal Code; 2. The proposed use is consistent with the General Plan; 3. The proposed site is adequate in terms of size and shape to accommodate the fences and walls, landscaping, parking and loading facilities, yards, and other development features required in order to integrate the use with uses in the surrounding area; 4. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic the use would be expected to generate; 5. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses on-site and in the vicinity of the subject property; 6. The establishment, maintenance, or operation of the proposed use at the location proposed will not be detrimental to the comfort, health, morals, peace, safety, or general welfare of persons residing or working in the neighborhood of the proposed use, or be Planning Commission Resolution No. 46__ Page 4 of 4 30 South First Street Conditional Use Permit (PLN-2022-48) – Professional Office & Bank and Financial Service detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city; Environmental Finding(s) (CMC Sec. 21.38.050): 7. The project is Categorically Exempt under Section 15301 (Class 1) of the California Environmental Quality Act (CEQA), pertaining to the operation and leasing, and minor alteration of an existing private structure. 8. No substantial evidence has been presented which shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. THEREFORE, BE IT RESOLVED that the Planning Commission grants approval of a Conditional Use Permit (PLN-2022-48) to allow a professional office use and a bank and financial service use on the ground floor within an existing building located at 30 South First Street, subject to the attached Conditions of Approval (attached Exhibit A). PASSED AND ADOPTED this 13th day of September, 2022, by the following roll call vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: APPROVED: Stuart Ching, Chair ATTEST: Rob Eastwood, Secretary EXHIBIT A CONDITIONS OF APPROVAL Conditional Use Permit (PLN-2022-48) Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 1. Approved Project: Approval is granted for a Conditional Use Permit (PLN-2022-48) to allow a Professional Office and Bank and Financial Service uses on the ground floor of an existing commercial building located at 30 South First Street. The project shall substantially conform to the Project Description and Project Plans included as Attachments 2 and 3 in the September 13, 2022 Planning Commission Staff Report, except as may be modified by the Conditions of Approval contained herein. 2. Permit Approval Expiration: The Conditional Use Permit approval shall be valid for one (1) year from the effective date of the Planning Commission action. Within this one-year period an application for a building permit must be submitted. Failure to meet this deadline or expiration of an issued building permit will result in the Approval being rendered void. Abandonment, discontinuation, or ceasing of operations for a continuous period of twelve months shall void the Conditional Use Permit approved herein without the need for formal revocation by the decision-making body. 3. Planning Final Required: Planning Division clearance is required prior to Building Permit final. Construction not in substantial compliance with the approved project plans shall not be approved without prior authorization of the necessary approving body. 4. Timely Completion: Once under construction it shall be the obligation of the property owner and contractor to demonstrate continued progress on the project. In the event the building permit expires, the City may impose fines or exercise administrative remedies to compel timely completion of work. 5. Operational Standards: Consistent with the submitted Project Description and City standards, a Professional Office and Bank and Financial Service use operating on the ground floor and operating pursuant to the Conditional Use Permit approved herein shall conform to the following operational standards. Significant deviations from these standards (as determined by the Community Development Director) shall require approval of a Modification to the Conditional Use Permit. Planning Commission Resolution No. 465_ Page 2 of 5 30 South First Street Conditional Use Permit (PLN-2022-48) – Ground Floor Professional Office and Bank and Financial Service a. Hours of Operation: Hours of operation shall be as follows. By the end of 'Business Hours', all customers shall have exited the premises. By the end of the 'Operational Hours' all employees shall be off the premises. Operational/Staff/Business/Public: 7:00 AM – 6:00 PM, Monday through Fridays b. Trash Disposal and Clean-Up: All trash disposal, normal clean-up, carpet cleaning, window cleaning, sidewalk sweeping, etc. shall occur during the "operational hours." c. Business License: The business shall be required to obtain and maintain a City business license at all times. d. Smoking: "No Smoking" signs shall be posted on the premises in compliance with CMC Section 6.11.060. e. Meeting with neighbors: As necessary, the operator shall conduct meetings with surrounding neighbors should issues arise. 6. Property Maintenance: The owner/operator of the subject property shall maintain all exterior areas of the business free from graffiti, trash, rubbish, posters and stickers placed on the property. Exterior areas of the business shall include not only the parking lot and private landscape areas, but also include the public right-of-way adjacent to the business. Trash receptacles shall be maintained within their approved enclosures at all times. 7. Landscape Maintenance: All landscaped areas shall be continuously maintained in accordance with City Landscaping Requirements (CMC 21.26). Landscaped areas shall be watered on a regular basis so as to maintain healthy plants. Landscaped areas shall be kept free of weeds, trash, and litter. Dead or unhealthy plants shall be replaced with healthy plants of the same or similar type. 8. Signage: No signage is approved as part of the development application approved herein. New signage shall not be installed prior to approval of a sign permit. 9. Outdoor Storage: No outdoor storage is permitted on the subject property. No equipment or materials shall be stored outside the building or within the parking lot. 10. Windows & Doors: At no time shall an obscure wall or barrier (i.e. window tinting, furniture, inventory, shelving units, storage of any kind or similar) be installed along, behind or attached to windows or doorways that blocks visual access to the tenant space or blocks natural light. 11. Parking and Driveways: All parking and driveway areas shall be maintained in compliance with the standards in Chapter 21.28 (Parking & Loading) of the Campbell Municipal Code. Parking spaces shall be free of debris or other obstructions. 12. Construction Activities: The applicant shall abide by the following requirements during construction: Planning Commission Resolution No. 465_ Page 3 of 5 30 South First Street Conditional Use Permit (PLN-2022-48) – Ground Floor Professional Office and Bank and Financial Service a. The project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street prior to the issuance of building permits. b. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00 p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take place on Sundays or holidays unless an exception is granted by the Building Official. c. All construction equipment with internal combustion engines used on the project site shall be properly muffled and maintained in good working condition. d. Unnecessary idling of internal combustion engines shall be strictly prohibited. e. All stationary noise-generating construction equipment, such as air compressors and portable power generators, shall be located as far as possible from noise-sensitive receptors such as existing residences and businesses. f. Use standard dust and erosion control measures that comply with the adopted Best Management Practices for the City of Campbell. 13. Revocation of Permit: Operation of a Professional Office use and a Bank and Financial Service Use pursuant to the Conditional Use Permit approved herein is subject to Chapter 21.46 of the Campbell Municipal Code authorizing the appropriate decision making body to modify or revoke an Conditional Use Permit if it is determined that its operation has become a nuisance to the City’s public health, safety or welfare or for violation of the Conditional Use Permit or any standards, codes, or ordinances of the City of Campbell. At the discretion of the Community Development Director, if the establishment generates three (3) verifiable complaints related to violations of conditions of approval and/or related to its operation within a twelve (12) month period, a public hearing may be scheduled to consider modifying conditions of approval or revoking the Conditional Use Permit. The Community Development Director may commence proceedings for the revocation or modification of permits upon the occurrence of less than three (3) complaints if the Community Development Director determines that the alleged violation warrants such an action. In exercising this authority, the decision-making body may consider the following factors, among others: a. The number and types of Police Department calls for service at or near the establishment that are reasonably determined to be a direct result of customer and/or employee actions; b. The number of complaints received from residents, business owners and other citizens concerning the operation of an establishment regarding parking, noise, and/or other operational impacts; and c. Violation of conditions of approval. FIRE DEPARTMENT Planning Commission Resolution No. 465_ Page 4 of 5 30 South First Street Conditional Use Permit (PLN-2022-48) – Ground Floor Professional Office and Bank and Financial Service 14. Fire Sprinkler Modification Required: Provide submittal to SCCFD for installation of each of the systems listed below, per CFC Chapter 1 and 9. Submit shop drawings (3 sets) and a permit application to the SCCFD for approval before altering the system. Call (408) 341-4420 for more information. 15. Fire Alarm Modification Required: Any modifications to the existing fire alarm system requires drawings and a permit application be submitted to SCCFD for approval before any install or alteration occurs. www.imwalleproperties.com 365 E Campbell Avenue Campbell, California 95008 July 11, 2022 Planning Department City of Campbell Sent Via City of Campbell MGO Electronical Submittal System Re: Ground Floor Office CUP Application 46 S 1st Street, Campbell (part of 276 E Campbell Avenue Property) APN: 412-07-065 File No. PLN2022-48 City of Campbell, I am the owner of 276 E Campbell Avenue and the new building addition nearing completion at 46 S 1st Street. All improvements described herein are located on a single parcel with APN: 412-07-065. I am hereby requesting that the newly constructed ground floor space located on South First street approximately 150’ away from Campbell Avenue be permitted for office use. Presently we are planning to use the 628 Square foot ground floor space (“premises”) as our own personal offices. The premises is part of a new three-story office project consisting of approximately 10,000 SF, which was constructed as an addition to an existing three tenant 10,000 square foot building. For reference, immediately adjacent to the premises (within the new project) is a 234 square foot street front entrance lobby that serves the offices above. Hours of operation. Office hours for staff and clients would be from 7am – 6pm Monday thru Friday. Project Goals, public benefits and anticipated construction schedule. The project was constructed as a new Class A office building and this office use is in alignment with the 46 S 1st Street – CUP Office Project Description Page: 2 of 2 original vision and city approved project. The location is one hundred and fifty feet off of Campbell Avenue and is not within the viable retail and business center of Campbell Avenue. This location is not a primary pedestrian-oriented retail corridor and thus office is a more suitable use. As a long time, downtown business operator and real estate developer, we have focused on strengthening Campbell’s day time population via new office development in order to create a healthy balance of uses to bolster the economic vitality of downtown’s retail. We hope you will approve this CUP request for ground floor office and look forward to answering any questions you may have. Please see enclosed “Site Plan” depicting the Premises and noted as “Tenant-1”. Sincerely, John Razumich IMWALLE PROPERTIES, INC. Partner ITEM NO. 3 CITY OF CAMPBELL ∙ PLANNING COMMISSION Staff Report ∙ September 13, 2022 PLN-2022-32 Metro Design Group Public Hearing to consider request by Metro Design Group, for property located at 440 E. McGlincy Lane to allow conversion of an existing single-family residence to commercial/industrial use and construction of an approximately 760 square-foot storage building, with associated site, parking, and landscaping improvements. The application under consideration includes a Conditional Use Permit w/Site and Architectural Review. File. No.: PLN-2022-32. STAFF RECOMMENDATION That the Planning Commission take the following action: 1. Adopt a Resolution (reference Attachment 1), approving a Conditional Use Permit w/Site and Architectural Review to allow conversion of an existing single-family residence to commercial/industrial use and construction of an approximately 760 square-foot storage building ENVIRONMENTAL (CEQA) DETERMINATION Staff recommends that the Planning Commission accept the determination that this project is Categorically Exempt under Section 15303, Class 3 of the California Environmental Quality Act (CEQA), pertaining to construction of up to four (4) commercial buildings with a floor area not exceeding 10,000 square feet located within an urbanized area on sites zoned for such use if not involving significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. PROJECT DATA Zoning Designation: M-1 (Light Industrial) General Plan Designation: Light Industrial Net Lot Area: 10,125 square-feet Building Height (New): 20 feet 35 feet (Max. Allowed) Building Square Footage : Converted Structure: 1,389 square feet New Storage Structure: 762 square feet 2,151 square feet (Total Size) Floor Area Ratio (FAR) .21 .40 (Max. Allowed) Parking: 7 stalls1 7 stalls Landscaping Area: 1,805 SF (18%) 810 SF (8%) Min. 1 Includes four (4) motorcycle stalls that are credited as a single vehicle stall per CMC Sec. 21.28.065. All parking values are rounded down per CMC Sec. 21.28.040.F. Staff Report – Planning Commission Meeting of September 13, 2022 Page 2 of 6 PLN-2022-32 ~ 440 E. McGlincy Lane Building Setbacks (New): Proposed Required Front (west): 90 feet 10 feet Side (north): 1 ½ -feet 5 feet or ½ the "wall height"2 Side (south): 52-feet 5 feet or ½ the "wall height" Rear (east): 0-feet 10 feet2 DISCUSSION Proposed Project: The proposed project is an application for a Conditional Use Permit w/Site and Architectural Review to allow conversion of an existing single-family residence to commercial use and construction of a 760 square-foot storage building (reference Attachment 2). This application is being submitted to resolve a code enforcement violation of the building being commercially occupied prior to its formal conversion. Project Site: The project site is an approximately 10,000 square parcel located on E. McGlincy Lane, between Cristich Lane and Campbell Technology Parkway. The site borders industrial uses on all sides. The property was developed with a single-family residence constructed circa 1952. ANALYSIS Consideration in Review of Applications: In review of a Site and Architectural Review Permit, the Zoning Code (CMC Sec. 21.42.040) directs the Planning Commission to consider certain design and layout aspects of the proposal prior to rendering a decision, referenced to as "considerations". The following identifies these considerations and application consistency. A. Considerations relating to traffic safety, traffic congestion, and site circulation: Traffic Congestion: The proposed building did not require a traffic study per the thresholds established by the VTA Congestion Management Program; therefore the project will not have a discernable effect on traffic congestion in the area. Additionally, since the project is categorically exempt from formal environmental review under CEQA, a Vehicles-Miles- Traveled (VMT) analysis is not required under the City's VMT policy. 2 CMC Sec. 21.10.080.E, Table 2-13, allows a reduction of side and rear setbacks to zero feet. Staff Report – Planning Commission Meeting of September 13, 2022 Page 3 of 6 PLN-2022-32 ~ 440 E. McGlincy Lane Traffic Safety and Site Circulation: The project would widen the existing driveway that serves the property so that it provides sufficient width to allow for two-way vehicular access. As such, the project's site circulation would not present any traffic safety issues related to vehicles reversing into the street. B. Considerations relating to landscaping: The property is proposed to be completely re-landscaped to accommodate the proposed project in compliance with the State's Model Water Efficient Landscaping Ordinance (MWELO). This would include the required landscaping along the front, sides, and rear of the property, except for where the proposed storage building has a reduced setback area. In total, the project would result in a landscape area of approximately 1,800 square-feet or 18% of the site's net lot area, exceeding the City's minimum 8% requirement for M-1 (Light Industrial) zoned properties. The property's existing trees would not be impacted by the project. C. Considerations relating to structures and site layout: Structure Design: The existing residence would maintain its residential appearance with the proposed conversion. In addition to the removal of the attached garage, the porch would be altered from a hipped form to a gable for a more pronounced entry and would be serviced by a new ADA accessible ramp. The new storage building would be a simple purpose-built flat-roofed structure, consisting of CMU block, a material commonly found in the area. Site Layout: The proposed site plan shows removal of the garage attached to the existing residence to allow for construction of a standard two-way driveway to the rear of the property. The driveway would provide access to a new parking lot, in what is currently the property's backyard. A new walkway would provide an accessible path-of-travel from the parking lot to the building's front entrance, on the opposite side of the driveway. The proposed storage building is shown at the property's northeast corner, with minimal side and rear setbacks, as permitted in the M-1 Zoning District. This structure would provide storage for the property, including placement of refuse containers, in-lieu of a freestanding trash enclosure. Findings for Approval: To grant a land use approval, the decision-making body must affirmatively establish that the project meets codified findings for approval. Findings establish the evidentiary basis for a City's decision to grant or deny a land use approval and to impose conditions of approval as necessary to establish the findings. The applicable findings depend upon the type of land use approval under review. The following analysis identifies each of the applicable findings in italics and how the proposed project satisfies them. Conditional Use Permit Findings: A. The proposed use is allowed within the applicable zoning district with Conditional Use Permit approval, and complies with all other applicable provisions of this Zoning Code and the Campbell Municipal Code; The project site is located within the M-1 (Light Industrial) Zoning District. Conversion of a residence to industrial use is subject to approval of a Conditional Use Permit. This mechanism allows the City to determine the appropriateness of such conversions on a case-by-case basis. Staff Report – Planning Commission Meeting of September 13, 2022 Page 4 of 6 PLN-2022-32 ~ 440 E. McGlincy Lane B. The proposed use is consistent with the General Plan; The General Plan land use designation for the project site is Light Industrial. This designation is "intended to provide and protect industrial lands for a wide range of light manufacturing, industrial processing, general service, warehousing, storage and distribution and service commercial uses, such as automobile repair facilities." The proposed project would accommodate the relocation of the owner's construction business, consistent with this designation. The proposal would also further the following General Plan policies and strategies: Policy LUT-5.7: Industrial Areas: Industrial development should have functional and safe vehicular, bicycle and pedestrian circulation, good site and architectural design, be sensitive to surrounding uses, connect to public transit, and be energy efficient. New projects should contribute to the positive character of industrial areas and the overall image of the City. Strategy LUT-13.1: Variety of Uses: Attract and maintain a variety of uses that create an economic balance within the City while maintaining a balance with other community land use needs, such as housing and open space, and while providing high quality services to the community. C. The proposed site is adequate in terms of size and shape to accommodate the fences and walls, landscaping, parking and loading facilities, yards, and other development features required in order to integrate the use with uses in the surrounding area; Parking and Loading Facilities: The proposed conversion and construction of a new storage building would require seven (7) parking stalls, based on a combination of the office (1/225 SF) and industrial (1/400 SF) parking standards. The site plan shows six vehicular stalls, including one ADA accessible stall, and four motorcycle stalls that are counted as a single stall. The project, is therefore, complaint with the applicable parking requirements. A condition of approval would restrict the storage areas to storage/warehousing and manufacturing use to ensure the long-term adequacy of the property's parking. Fencing: The property would be fenced and gated in a manner appropriate for an industrial property, including an existing 6-foot chain link fence around the perimeter of the property, a new driveway gate, and a new side gate. D. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic the use would be expected to generate; See discussion on under "Considerations relating to traffic safety, traffic congestion, and site circulation," above. E. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses on-site and in the vicinity of the subject property; and As noted, the converted building will function as the office and storage space for the property owner's construction business. This is a common land use within the M-1 Zoning District, which would be compatible with the general industrial makeup of the area. F. The establishment, maintenance, or operation of the proposed use at the location proposed will not be detrimental to the comfort, health, morals, peace, safety, or general welfare of persons residing or working in the neighborhood of the proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city. Staff Report – Planning Commission Meeting of September 13, 2022 Page 5 of 6 PLN-2022-32 ~ 440 E. McGlincy Lane The benign nature of the proposed use would not present any direct or indirect impacts to the adjacent businesses. No outdoor storage of building materials would be permitted on the property. Additionally, the applicant is not seeking approval for "late-night activities," such that the property will be utilized during the normal business hours. Site and Architectural Review Permit Findings: A. The project will be consistent with the general plan. See the response for Conditional Use Permit Finding 'B,' above. B. The project will aid in the harmonious development of the immediate area. Through a substantial investment in the subject property, the proposed project will contribute to the incremental improvement of the built environment consistent with the vision of the General Plan for McGlincy Lane area. C. The project is consistent with applicable adopted design guidelines, development agreement, overlay district, area plan, neighborhood plan, and specific plan(s). There are no design guidelines for commercial buildings applicable to this project, nor is the project site subject to any area, neighborhood, or specific plan. M-1 Reduced Side Setback Findings: The Planning Commission may allow a side setback of less than five feet where a property line abuts a non-residentially zoned property, when it finds that: 1. The height of the building wall, inclusive of a parapet, adjacent to the side property line is no taller than 30-feet and limited to one-story; and The proposed storage building measures 20-feet to the top of parapet, and therefore complies with this finding. 2. The proposed building is designed for and would be limited to general industrial use, including manufacturing, processing, warehousing, storage, assembly, and fabrication. As proposed and conditioned, the proposed storage building would be limited to storage of materials and refuse containers. Site and Architectural Review Committee: The Site and Architectural Review Committee (SARC) reviewed this application at its meeting of July 26, 2022. The SARC was generally supportive of the project as presented but did request staff to follow-up regarding bicycle parking for the project. The City's Acting Building Official confirmed that the due to the small size of the converted building it would not trigger a CalGreen (California Green Building Standards Code) requirements for short- or long-term bicycle parking or changing/shower facilities. However, a condition of approval has been added that would require the project to incorporate a bicycle rack as specified by the Community Development Director. Public Comment: No public comment has been received on this application. Staff Report – Planning Commission Meeting of September 13, 2022 Page 6 of 6 PLN-2022-32 ~ 440 E. McGlincy Lane Attachments: 1. Draft Resolution 2. Project Plans Prepared by: Daniel Fama, Senior Planner Approved by: Rob Eastwood, Community Development Director RESOLUTION NO. 465_ BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT WITH SITE AND ARCHITECTURAL REVIEW PERMIT TO ALLOW CONVERSION OF AN EXISTING SINGLE-FAMILY RESIDENCE TO COMMERCIAL/INDUSTRIAL USE AND CONSTRUCTION OF AN APPROXIMATELY 760 SQUARE-FOOT STORAGE BUILDING, WITH ASSOCIATED SITE, PARKING, AND LANDSCAPING IMPROVEMENTS, ON PROPERTY LOCATED AT 440 E. MCGLINCY LANE IN THE M-1 (LIGHT INDUSTRIAL) ZONING DISTRICT. FILE NO.: PLN-2022-32 After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. The Planning Commission finds as follows with regard to the approval of a Conditional Use Permit w/Site and Architectural Review: 1. The Proposed Project is an application for a Conditional Use Permit with Site and Architectural Review (PLN-2022-32) to allow conversion of an existing single-family residence to commercial/industrial use and construction of an approximately 760 square-foot storage building, with associated site, parking, and landscaping improvements. 2. The Project Site is a 10,125 square-foot parcel located on E. McGlincy Lane, between Cristich Lane and Campbell Technology Parkway. 3. The Project Site is zoned M-1 (Light Industrial) as shown on the Campbell Zoning Map. 4. The Project Site is designated Light Industrial as shown on the Campbell General Plan Map. 5. The Proposed Project seeks a reduction to the otherwise required five-foot planter strip along the rear property line and a reduction to the required rear setback, as allowed by CMC Sec. 21.26.020 and CMC Sec. 21.10.080, Table 2-13, respectively. Pursuant to these sections, the Planning Commission may "adjust the landscaping requirements of this chapter for a specific use at a specific location so as to require either a greater or lesser amount of landscaping when it determines that there are unique or special circumstances that warrant an adjustment," and "grant a reduction or approve a structure to be placed on the rear property line and may designate that additional landscaping and setback requirements be provided at the front of the parcel". The Planning Commission has determined that a reduction to the rear landscaping and rear setback area to 1 ½ feet is warranted to allow functional use of the property, and that sufficient landscaping has been provided. 6. The Proposed Project also seeks a reduction to the otherwise required 5-foot side setback, as allowed by CMC Sec. 21.10.080, Table 2-13. Consistent with this Planning Commission Resolution No. 465x Page 2 of 5 PLN-2022-32 – CUP w/ Site and Architectural Review 440 E. McGlincy Ln. section, the Planning Commission may allow a side setback of less than five feet where a property line abuts a non-residentially zoned property, when it finds that (1) the height of the building wall, inclusive of a parapet, adjacent to the side property line is no taller than 30-feet and limited to one-story; and (2) the proposed building is designed for and would be limited to general industrial use, including manufacturing, processing, warehousing, storage, assembly, and fabrication. As these conditions are satisfied, the Planning Commission has determined that the requested reduction of the side setback to zero feet is appropriate. Further, a condition of approval would restrict the storage areas to storage/warehousing use to ensure the long-term adequacy of the property's parking. 7. The proposed conversion and construction of a new storage building would require seven (7) parking stalls, based on a combination of the office (1/225 SF) and industrial (1/400 SF) parking standards. The site plan shows six vehicular stalls, including one ADA accessible stall, and four motorcycle stalls that are counted as a single stall (per CMC Sec. 21.10.080.E, Table 2-13). The project, is therefore, complaint with the applicable parking requirements. 8. The Proposed Project would be consistent with the following General Plan policies and strategies: Policy LUT-5.7: Industrial Areas: Industrial development should have functional and safe vehicular, bicycle and pedestrian circulation, good site and architectural design, be sensitive to surrounding uses, connect to public transit, and be energy efficient. New projects should contribute to the positive character of industrial areas and the overall image of the City. Strategy LUT-13.1: Variety of Uses: Attract and maintain a variety of uses that create an economic balance within the City while maintaining a balance with other community land use needs, such as housing and open space, and while providing high quality services to the community. 9. In review of the Proposed Project, the Planning Commission considered traffic safety, traffic congestion, site circulation, adequacy of landscaping, and the appropriateness of proposed structures and site layout, pursuant to Campbell Municipal Code Sec. 21.42.040 (Considerations in review of applications). 10. In review of the Proposed Project, the Planning Commission also considered the proposed project's traffic safety, traffic congestion, site circulation, landscaping, structure design, and site layout. 11. In review the Proposed Project, the Planning Commission also weighed the public need for, and the benefit to be derived from, the project, against any impacts it may cause. 12. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. Planning Commission Resolution No. 465x Page 3 of 5 PLN-2022-32 – CUP w/ Site and Architectural Review 440 E. McGlincy Ln. 13. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 14. No substantial evidence has been presented which shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: Conditional Use Permit Findings (CMC Sec. 21.46.040): 1. The proposed use is allowed within the applicable zoning district with Conditional Use Permit approval, and complies with all other applicable provisions of this Zoning Code and the Campbell Municipal Code; 2. The proposed use is consistent with the General Plan; 3. The proposed site is adequate in terms of size and shape to accommodate the fences and walls, landscaping, parking and loading facilities, yards, and other development features required in order to integrate the use with uses in the surrounding area; 4. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic the use would be expected to generate; 5. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses on-site and in the vicinity of the subject property; 6. The establishment, maintenance, or operation of the proposed use at the location proposed will not be detrimental to the comfort, health, morals, peace, safety, or general welfare of persons residing or working in the neighborhood of the proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city; Site and Architectural Review Permit Finding (CMC Sec. 21.42.060.B): 7. The project will be consistent with the general plan; 8. The project will aid in the harmonious development of the immediate area; 9. The project is consistent with applicable adopted design guidelines, development agreement, overlay district, area plan, neighborhood plan, and specific plan(s); Planning Commission Resolution No. 465x Page 4 of 5 PLN-2022-32 – CUP w/ Site and Architectural Review 440 E. McGlincy Ln. M-1 Reduced Side Setback Findings (CMC Sec. 21.10.080.E., Table 2-13): 10. The height of the building wall, inclusive of a parapet, adjacent to the side property line is no taller than 30-feet and limited to one-story; and 11. The proposed building is designed for and would be limited to general industrial use, including manufacturing, processing, warehousing, storage, assembly, and fabrication. Environmental Finding(s) (CMC Sec. 21.38.050): 12. The project is Categorically Exempt under Section 15303, Class 3 of the California Environmental Quality Act (CEQA) Guidelines, pertaining to new construction of small structures which allows up to four (4) commercial buildings with a floor area not exceeding 10,000 square feet in an urbanized area. Further, there are no exceptions, as specified by Section 15300.2, that would bar a finding of a categorical exemption. 13. No substantial evidence has been presented which shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit with Site and Architectural Review Permit (PLN-2022-32) to allow conversion of an existing single-family residence to commercial/industrial use and construction of an approximately 760 square-foot storage building, with associated site, parking, and landscaping improvements on property located at 440 E. McGlincy Lane, subject to the attached Conditions of Approval (attached Exhibit A). PASSED AND ADOPTED this 13th day of September, 2022, by the following roll call vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: APPROVED: Stuart Ching, Chair ATTEST: Rob Eastwood, Secretary EXHIBIT A CONDITIONS OF APPROVAL PLN-2022-32 Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. COMMUNITY DEVELOPMENT DEPARTMENT Planning Division 1. Approved Project: Approval is granted for a Conditional Use Permit with Site and Architectural Review Permit (PLN-2022-32) to allow conversion of an existing single-family residence to commercial/industrial use and construction of an approximately 760 square-foot storage building, with associated site, parking, and landscaping improvements on property located at 440 E. McGlincy Lane. The project shall substantially conform to the Project Plans included as Attachment No. 2 in the September 13, 2022 Planning Commission Staff Report, except as may be modified by conditions of approval contained herein. 2. Permit Expiration: Approval of the Conditional Use Permit with Site and Architectural Review Permit ("Approval") shall be valid for one (1) year from the effective date of the Planning Commission action. Within this one-year period a building permit must be issued. Failure to meet this deadline or expiration of an issued building permit will result in the Approval being rendered void 3. Planning Final Required: Planning Division clearance is required prior to Building Permit final. Construction not in substantial compliance with the approved project plans shall not be approved without prior authorization of the necessary approving body. 4. Timely Completion: Once under construction it shall be the obligation of the property owner and contractor to demonstrate continued progress on the project. In the event the building permit expires, the City may impose fines or exercise administrative remedies to compel timely completion of work. 5. Minor Revisions: Architectural refinements and other minor revisions to the Approved Project Plans may be administratively reviewed and approved by the Community Development Director pursuant to CMC Sec. 21.56.060. 6. Utility Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to installation of the underground PG&E utility (transformer) boxes and San Jose Water Company back-flow preventers, indicating the location of the boxes for approval by the Community Development Director. The transformer shall be screen with landscaping or artistically painted. Exhibit A – Conditions of Approval ~ 440 E. McGlincy Lane Page 2 PLN-2022-32 – CUP w/Site and Architectural Review 7. Signage: All signage shall require separate approval of a Sign Permit in compliance with Campbell Municipal Code (CMC) 21.30.080.A 8. General Operational Standards: Use of the subject property is subject to the following general operational standards: a. Land Use Restriction: The converted office building may only be used for office use and ancillary storage, as depicted on the Approved Project Plans. Use of the new storage building is restricted to storage of materials and refuse receptacles. b. Hours of Operation: Unless otherwise authorized by a Conditional Use Permit, the hours of operation of any use within the approved buildings is limited to 6:00 AM to 11:00 PM, daily. c. Smoking: "No Smoking" signs shall be posted on the premises in compliance with CMC Sec. 6.11.060. d. Noise: Regardless of decibel level, no noise generated within the approved buildings shall obstruct the free use of neighboring properties so as to unreasonably interfere with the comfortable enjoyment of the neighboring residents. In the event verified complaints are received by the City regarding such noise, the Community Development Director may immediately curtail the Hours of Operation, pursuant to Condition of Approval No. 11 (Revocation of Permit). e. Trash Disposal and Clean-Up: Refuse and recycling receptacles shall be kept within the trash enclosure except during collection in compliance with CMC Chapter 6.04 (Garbage and Rubbish Disposal). f. Loitering: There shall be no loitering allowed on the premises. The business owner is responsible for monitoring the premises to prevent loitering. g. Lighting: On-site lighting shall be shielded away from adjacent properties and directed on-site. The final design and type of lighting fixtures and lighting intensity of any proposed exterior lighting for the project shall be reviewed and approved by the Community Development Director for compliance with the City of Campbell Lighting Design Standards (CMC Sec. 21.18.090). h. Property Maintenance: The property is to be maintained free of any combustible trash, debris, and weeds until the time that actual construction commences. Any vacant existing structures shall be secured, by having windows boarded up and doors sealed shut, or be demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). i. Landscape Maintenance: All landscaped areas shall be continuously maintained in accordance with CMC Chapter 21.26. Landscaped areas shall be kept free of weeds, trash, and litter. Dead or unhealthy plants shall be replaced with healthy plants of the same or similar type. Exhibit A – Conditions of Approval ~ 440 E. McGlincy Lane Page 3 PLN-2022-32 – CUP w/Site and Architectural Review j. Outdoor Storage: No outdoor storage is permitted on the subject property, including the storage equipment, materials, and inoperable vehicles. k. Parking and Driveways: All parking and driveway areas shall be maintained in compliance with the standards provided in CMC Chapter 21.28 (Parking and Loading). 9. Landscaping: As a new construction project with a total project landscape area equal to or less than 2,500 square feet, this project is subject to the updated California Model Water Efficient Landscape Ordinance (MWELO) and may comply with the Prescriptive Compliance Option in Appendix D. This document is available at: http://www.cityofcampbell.com/DocumentCenter/View/176 or on the Planning Division’s Zoning and Land Use webpage through www.cityofcampbell.com. The building permit application submittal shall demonstrate compliance with the applicable MWELO and landscaping requirements and shall include the following: a. Planting and Irrigation Plans that meet all requirements of the Prescriptive Compliance Option in Appendix D. b. A completed Landscape Information Form. c. A note on the Cover Sheet in minimum 1/2” high lettering stating “Planning Final Required. The new landscaping indicated on the plans must be installed prior to final inspection. Changes to the landscaping plan require Planning approval.” 10. Construction Activities: The applicant shall abide by the following requirements during construction: a. The project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street prior to the issuance of building permits. b. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00 p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take place on Sundays or holidays unless an exception is granted by the Building Official. c. All construction equipment with internal combustion engines used on the project site shall be properly muffled and maintained in good working condition. d. Unnecessary idling of internal combustion engines shall be strictly prohibited. e. All stationary noise-generating construction equipment, such as air compressors and portable power generators, shall be located as far as possible from noise-sensitive receptors such as existing residences and businesses. f. Use standard dust and erosion control measures that comply with the adopted Best Management Practices for the City of Campbell. 11. Revocation of Permit: Occupancy of the approved buildings is subject to Sections 21.68.020, 21.68.030 and 21.68.040 of the Campbell Municipal Code authorizing the appropriate decision making body to modify or revoke the Conditional Use Permit if it Exhibit A – Conditions of Approval ~ 440 E. McGlincy Lane Page 4 PLN-2022-32 – CUP w/Site and Architectural Review is determined that operation a use has become a nuisance to the City’s public health, safety or welfare or for violation of the Conditions of Approval or any standards, codes, or ordinances of the City of Campbell. At the discretion of the Community Development Director, if the property generates three (3) verifiable complaints related to violations of conditions of approval (e.g., noise, parking, etc.) within a twelve (12) month period, a public hearing before the City Council may be scheduled, upon recommendation of the Planning Commission, to consider modifying conditions of approval or revoking the Site and Architectural Review Permit. The Community Development Director may commence proceedings for the revocation or modification of the Approval upon the occurrence of less than three (3) complaints if the Community Development Director determines that the alleged violation warrants such an action. In exercising this authority, the decision making body may consider the following factors, among others: a. The number and types of Police Department calls for service at or near the establishment that are reasonably determined to be a direct result of customer and/or employee actions; b. The number of complaints received from residents, business owners and other citizens concerning the operation of an establishment regarding parking, noise, and/or other operational impacts. c. Violation of conditions of approval. Building Division 12. Permit Required: A building permit application shall be required for the proposed project. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 13. Conditions of Approval: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 14. Construction Fencing: The property shall be properly enclosed with construction fencing to prevent unauthorized access to the site during construction. The construction site shall be secured to prevent vandalism and/or theft during hours when no work is being done. All protected trees shall be fenced to prevent damage to root systems in compliance with the Standards for Tree Protection During Construction. PUBLIC WORKS DEPARTMENT 15. General Notes: The scope of this project triggers the requirement for Frontage Improvements as required by Campbell Municipal Code 11.24.040. Frontage improvements typically include construction of City standard driveway, sidewalk and installation of street trees. However, there is no existing sidewalk adjacent to the project, therefore construction of sidewalk will not be required at this time. Instead, the project will be required to execute a Deferred Street Improvement Agreement with the City for the future construction of sidewalk along project frontage. Exhibit A – Conditions of Approval ~ 440 E. McGlincy Lane Page 5 PLN-2022-32 – CUP w/Site and Architectural Review 16. Storm Drain Area Fee: Prior to issuance of any building permits for the site, the applicant shall pay the required Storm Drain Area fee, currently set at $2,650 per net acre, which is $615.86 (commercial land use). 17. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding stormwater pollution prevention. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay. Resources to achieve these objectives include Stormwater Best Management Practices Handbook for New Development and Redevelopment (“CA BMP Handbook”) by the California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for Stormwater Quality Protection (“Start at the Source”) by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for Stormwater Quality: A Companion Document to Start at the Source (“Using Site Design Techniques”) by BASMAA, 2003. 18. Deferred Street Improvement Agreement: Prior to issuance of any building permits for the site, the owner shall execute a deferred street improvement agreement for construction of standard street improvements. Unless otherwise approved by the City Engineer these improvements shall include, but are not limited to, installation of sidewalk and necessary conforms to existing improvements. 19. Utilities: All on-site utilities shall be installed underground per Section 21.18.140 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. Utility locations shall not cause damage to any existing street trees. Where there are utility conflicts due to established tree roots or where a new tree will be installed, alternate locations for utilities shall be explored. Include utility trench details where necessary. 20. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer cleanout(s) shall be relocated or installed on private property behind the public right-of-way line. 21. Pavement Restoration: The applicant shall restore the pavement in compliance with City standard requirements. In the event that the roadway has recently received a pavement treatment or reconstruction, the project will be subject to the City’s Street Cut Moratorium. The applicant will be required to perform enhanced pavement restoration consistent with the restoration requirements associated with the Street Cut Moratorium. The City’s Pavement Maintenance Program website (https://www.ci.campbell.ca.us/219) has detailed information on the streets currently under moratorium and the enhanced restoration requirements. Exhibit A – Conditions of Approval ~ 440 E. McGlincy Lane Page 6 PLN-2022-32 – CUP w/Site and Architectural Review 22. Plans / Encroachment Permit / Fees / Deposits: Prior to issuance of any grading or building permits for the site, the applicant shall cause plans for public street improvements to be prepared, pay various fees and deposits, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City Engineer. The plans shall include the following, unless otherwise approved by the City Engineer. a. The plan does not show the reconstruction of the driveway approach in the public right- of-way. If the project decides to reconstruct the driveway approach in the public right- of-way, the project will be required to construct an ADA compliant driveway and remove the street tree adjacent to the south of the driveway. Street tree removal will require a street tree removal permit and planting of mitigation tree(s) to be specified by the City Arborist. b. Plan is showing planting of a street tree, the size and specie of a new street tree shall be specified by the City Arborist. c. Removal of the unused metal mailbox stand along project frontage. d. Removal of the existing fence located in the public right-of-way along project frontage. e. Construction of conforms to existing public and private improvements, as necessary. 23. Street Improvements Completed for Occupancy and Building Permit Final: Prior to allowing occupancy and/or final building permit signoff for any and/or all buildings, the applicant shall have the required street improvements installed and accepted by the City, and the design engineer shall submit as-built drawings to the City. 24. Maintenance of Landscaping: Owner(s), current and future, are required to maintain the landscaped park strip and tree wells in the public right of way. This includes, but is not limited to: trees, lawn, plantings, irrigation, etc. Trees shall not be pruned in a manner that would not allow the tree to grow to a mature height. 25. Utility Encroachment Permit: Separate encroachment permits for the installation of utilities to serve the development will be required (including water, sewer, gas, electric, etc.). Applicant shall apply for and pay all necessary fees for utility permits for sanitary sewer, gas, water, electric and all other utility work. 26. Trash Enclosure Requirements: a. NPDES Permit No. CAS612008 (CRWQCB): C.3.a.i. (7): For all new development and redevelopment projects that are subject to the Permittee’s planning, building, development, or other comparable review, but not regulated by Provision C.3, encourage the inclusion of adequate source control measures to limit pollutant generation, discharge, and runoff. These source control measures should include: o Covered trash, food waste, and compactor enclosures. b. Campbell Municipal Code 14.02.030 "Stormwater Pollution Control / Exhibit A – Conditions of Approval ~ 440 E. McGlincy Lane Page 7 PLN-2022-32 – CUP w/Site and Architectural Review Requirements". The code states that no pollutants or water containing pollutants can be discharged into the City's storm drain system. Trash enclosures contain pollutants. During a rain event (or during general cleaning) water washes over and into roofless enclosures, collecting pollutants and discharging to the City's storm drain system. Applicants are required to show how new trash enclosures will not discharge pollutants into the storm drain system. One possible method is to provide a sanitary drain in the trash enclosure. c. West Valley Sanitation District (WVSD), the local sanitary sewer agency, will require a roof on the enclosure if the trash enclosure drain connects to their sanitary sewer system. FIRE DEPARTMENT 27. Fire Sprinklers Required: Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the locations described in this Section or in Sections 903.2.1 through 903.2.18 whichever is the more restrictive. For the purposes of this section, firewalls used to separate building areas shall be constructed in accordance with the California Building Code and shall be without openings or penetrations. In other than residential buildings which require the installation of fire sprinklers for all new buildings according to the California Residential Code, an automatic sprinkler system shall be provided throughout all new buildings and structures. Exceptions: a) Buildings and structures that do not exceed 1,000 SF of building area. b) Group S-2 or U occupancies used exclusively for vehicle parking and meeting all of the following conditions: i) Noncombustible construction ii) Maximum building area not to exceed 5,000 SF. Iii) Structure is open on three or more sides. Iv) Minimum of 10 feet separation from existing buildings unless area is separated by fire walls complying with CBC 706. NOTE: The owner(s), occupant(s) and any contractor(s) or subcontractor(s) are responsible for consulting with the water purveyor of record in order to determine if any modification or upgrade of the existing water service is required. A State of California licensed (C-16) Fire Protection Contractor shall submit plans, calculations, a completed permit application and appropriate fees to this department for review and approval prior to beginning their work. CFC Sec. 903.2. Building exceeds 1,000 square feet. Building permit plan set will need to indicate that an automatic sprinkler system will be installed as a deferred submittal. 28. Required Fire Flow: The minimum required fire flow for this project is 1,000 Gallons Per Minute (GPM) at 20 psi residual pressure. This fire flow assumes installation of automatic fire sprinklers per CFC [903.3.1.3]. A fire flow letter will need to be provided at time of plan submittal. Contact your local water purveyor (San Jose Water) for details on how to obtain the fire flow letter. 29. Fire Alarm Requirements: Fire alarm requirements will be evaluated during the building permit plan submittal. A-1.0McGlincey Office 5-24-22 - Use Permit.pln7/17/2022 3:00 PMBELLCORECONSTRUCTION INC.CAMPBELL, CA 95008440 E McGLINCY LANEMETROGROUPDESIGNDATE :SCALE :PROJECT NO :DRAWN BY :The plans, ideas and design on thisdrawing are the property of thedesigner,divised solely for thiscontract. Plans shall not be used,in whole or in part, for any purposefor which they were not intendedwithout the written permission ofMETRO DESIGN GROUP. cREVISIONSARCHITECTURE PLANNING INTERIORS..1475 S. BASCOM AVE SUITE 208CAMPBELL, CA 95008(408)871-1071 phone(408)871-1072 faxwww.metroarchitects.comSHEET NUMBERCHECKED BY :TSARCHITECT :TOM SLOANPROJECT NAME227127-14-22CONDITIONAL USE PERMITAPPLICATION1AFNUMBERS - VERT.LETTERS - HORIZ.1A-5A-3BA-52SHEET NUMBERSHEET NUMBERSECTION LETTERSHEET NUMBERSECTION LETTERMATCH LINE - SHADEDSIDE IS CONSIDEREDDETAIL NUMBERWORK POINT, CONTROLP9INT, DATUM POINTOR FINISH FLOORFACE OF STUDOFFICEROOMNAMEINTERIOR ELEV.NUMBERWINDOW MARKREVISION NUMBER INTRIANGLEDOOR MARK1234DOORSWINDOWSWALLSREVISIONGRID LINEDETAILPARTIAL SECTIONBUILDING SECTIONWORK CONTROLPOINTSDIMENSIONS2A(N) WOOD FRAMEDWALLS, U.N.O.(N) RETAINING WALLU.N.O.CLOUD AROUNDREVISION.ROOMIDENTIFICATIONINTERIORELEVATIONS(E) WALLS TOREMAIN, U.N.O.CENTER POINTPROJECT SITESHEET INDEX, PROJECT DESCRIPTION, VICINITY MAP &CONSULTANTS, SYMBOLS/LEGEND, GENERAL NOTESTABULATIONS, AND ABBREVIATIONSA-0A-4.2A-4.1PROPOSED FLOOR PLAN & ROOF PLANEXISTING ELEVATIONSSHEET INDEXVICINITY MAPAREA TABULATIONSABBREVIATIONPROJECT INFORMATIONPROJECT CONTACTSARCHITECTMETRO DESIGN GROUPCONTACT :TOM SLOAN A.I.A.1475 S. BASCOM AVE. # 208CAMPBELL, CALIFORNIA 95008(408) 871-1071 PHONE(408) 871-1072 FAXBELLCORE CONSTRUCTION INC.CIVILENGINEERSURVEYORKITKDKOKPLLLABLAMLAULAVLCLINLGLKRLPLTMATMAXMBMCMDFMEMECHMEMBMETMFGMIDMINMISCMLDMODMTMTDMTLMULMW(N)NNATNICNONOMNTSO/OAOBSCOCODOFFOGLOHOPGOPPOVPCPEPKTPLPLASPLASPLLAPLYWDPOLPNLPRPREFABPREFINPRE-ENGRPROTPSIPSFPTPTPTPTNQTQTYRRADREBRDREFREFREINFREQDRESILREVANCHOR BOLTABRASIVEAIR CONDITIONINGACCESSACOUSTICAL, ACOUSTICADDITIONADDITIVEADJUSTABLEABOVE FINISH FLOORAGGREGATEALTERNATEALTERATIONALUMINUMANCHORACCESS PANELAPPROVEDAPPLICABLEAPPROXIMATEARCHITECT, ARCHITECTURALASPHALTASSEMBLEATTACH (MENT)AUTOMATICAUXILIARYAVERAGEBRICK COURSEBOARDBETWEENBARRIER FREEBITUMINOUSBED JOINTBRACKETBLINDSBUILDINGBLOCKBLOCK COURSEBUILTBEAMBOTTOMBUILT UP ROOFINGCOURSECASEMENTCABINETCANTILEVERCARPETCEMENTCERAMICCHANNELCAST IRONCONTROL JOINTCORNER GUARDCENTER LINECEILINGCAULKINGCLOSETCLEAR, CLEARANCECONCRETE MASONRY UNITCOUNTERCASED OPENINGCOLUMNCOMBINATIONCOMPOSITIONCONCRETECONNNECTIONCONSTRUCTIONCONTINUOUSCONTROLCOOKTOPCORRIDORCORRUCATEDCOLD ROLLED CHANNELCOUNTERSINKCERAMIC TILECENTER TO CENTERCENTERCUSTODIANCASEWORKPENNY (NAIL SIZE)DRYERDOUBLE ACTINGDOUBLEDEMOLISH, DEMOLITIONDEPRESSEDDEPARTMENTDETAILDOUBLAS FIRDUEL-GLAZEDDOUBLE HUNGDIAMETERDIAGONALABABRSVA/CACCACOUSADDNADDVADJAFFAGGRALTALTNALUMANCHAPAPPDAPPLICAPPROXARCHASPHASSYATTAUTOAUXAVGBCBDBETWBFBITUMBJBKTBLBLDGBLKBLK CBLTBMBOTBURCCASCABCANTILCARCEMCERCHANCICJCGCLCLGCLKGCLOCLRCMUCNTRCOCOLCOMBCOMPCONCCONNCONSTCONTCONTRCOOKCORRCORRUCRCCSKCTCTCCTRCUSTCWdDDADBLDEMDEPDEPTDETDFDGDHDIADIAGDIMDISPDLDMTDNDPDRDSDTDWDWGDWR(E)EEAEFEJELELECELEVENCLENTEPEQEQUIPEWEXHEXISTEXPEXTEXTRFAFAUFABFDFDNFEFECFFFINFLFLASHFLRFLUORFOCFOFFAMFOSFPF/PFRFTFTGFURFUTGAGALGBGBGDGIGLGLBGLBGRGRDGYPHCHBHDWDHMHORIZHRHTHVACHWIDININCLINFOINSULINSTINTJANJSTJTDIMENSISIONDISPOSAL, DISPENSERDEAD LOADDEMOUNTABLEDOWNDAMP PROOFINGDOORDOWNSPOUTDOVETAILDISHWASHERDRAWINGDRAWEREXISTINGEASTEACHEXHAUST FANEXPANSION JOINTELEVATIONELECTRIC, ELECTRICALELEVATION (ILLUSTRATION)ENCLOSUREENTRANCEELECTRIC PANELEQUALEQUIPMENTEACHWAYEXHAUSTEXISTINGEXPOSEDEXTERIOREXTRUDEDFIRE ALARMFORCED AIR UNITFABRICATEFLOOR DRAINFOUNDATIONFIRE EXTINGUISHERFIRE EXTINGUISHER CABFINISH FLOORFINISH(ED)FLOOR LINEFLASHINGFLOORFLUORESCENTFACE OF CONCRETEFACE OF FINISHFACE OF MASONRYFACE OF STUDFIREPROOFINGFIREPLACEFRENCHFOOT, FEETFOOTINGFURRED, FURRINGFUTUREGALVANIZSEDGALLONGYPSUM BOARDGRAB BARGARBAGE DISPOSALGALVANIZED IRONGLASS, GLAZINGGLASS BLOCKGLU LAM BEAMGRADEGROUNDGYPSUMHOLLOW COREHOSE BIBBHARDWOODHOLLOW METALHORIZONTALHOURHEIGHTHEATING,VENTILATION &COOLINGHARDWAREINSIDE DIAMETER (OR DIMENSION)INCHINCLUDE (D, ING)INFORMATIONINSULATE, INSULATIONINSTALL (ED)INTERIOR, INTERNALJANITORJOISTJOINTRFGRIBRLRMRORWDRXSSSCSCHS CLOSECTSERVSFSHSHRSHTSIMSLSPECSQSSSTASTDSTLSTORSTRUCTSUSPSVFSYMTT & GTEMPTERTHRTHKTOCTOSTO SLTRTRANSTVTYPUNFINUNOUTILVBVCTVERTVESTVWCWWW/WCWCWDWHWHWIW/OWPWRWSCTWTWWFXZKITCHENKNOCK DOWNKNOCK OUTKICK PLATEANGLELABORATORYLAMINATELAUNDRYLAVATORYLAUNDRY CHUTELINENLONGLOCKERLOW POINTLIGHTRMATERIALMAXIMUMMACHINE BOLTMEDICINE CABINETMODIFY, MODIFIEDMATCH EXISTINGMECHANICALMEMBRANEMETALMANUFACTURE (R)MIDDLEMINIMUMMISCELLANEOUSMOULDINGMODIFICATINMETAL THRESHOLDMOUNTEDMETALMULLIONMILLWORKNEWNORTHNATURALNOT IN CONTRACTNUMBERNOMINALNOT TO SCALEOVEROVERALLOBSCUREON CENTEROUTSIDE DIAMETEROFFICEOBSCURE GLASSOVERHEAD, OVERHANGOPENINGOPPOSITEOVENPRECAST CONCRETEPORCELAIN ENAMELPOCKET DOORPROPERTY LINEPLASTERPLASTICPLASTIC LAMINATEPLYWOODPOLISHEDPANELPAIRPREFABRICATEDPREFINISHEDPRE ENGINEEREDPROTECT (ION)POUNDS PER SQUARE INCHPOUNDS PER SQUARE FOOTPRESSURE TREATEDPAINT (ED)POINTPARTITIONQUARRY TILEQUANTITYRISERADIUSRESILIENT BASEROOF DRAINREFRIGERATORREFERENCEREINFORCEREQUIREDRESILIENTREVISE, REVISIONROOFINGRECESSED IRONING BOARDRAIN LEADERROOMROUGH OPENINGREDWOODREMOVE EXISTINGSOUTHSINKSOLID CORESCHEDULESELF CLOSINGSECTIONSERVICESQUARE FOOT (FEET)SHELFSHOWERSHEETSIMILARSLIDER, SLIDINGSPECIFICATIONSQUARESTAINLESS STEELSTATIONSTANDARDSTEELSTORAGESTRUCTURALSUSPENDEDSHEET VINYL FLOORINGSYMMETRICALTOILETTONGUE AND GROOVETEMPEREDTERRAZZOTHRESHOLDTHICK (NESS)TOP OF CURBTOP OF STEELTOP OF SLABTREADTRANSFORMERTELEVISIONTYPICALUNFINISHEDUNLESS NOTED OTHERWISEUTILITYVINYL BASEVINYL COMPOSITION TILEVERTICALVESTIBULEWINYL WALL COVERINGWESTWASHERWITHWATER CLOSETWALL COVERINGWOOD (SOFTWOOD)WATER HEATERWEEP HOLEWROUGHT IRONWITHOUTWATERPROOF (ING)WATER RESISTANTWAINSCOTWEIGHTWELDED WIRE FABRICEXISTING (WHEN USED AS A PREFIX - (XCONC))ZEE (BAR)TSAS-NOTEDA-3.1COVER SHEETGENERAL NOTESPROJECT CONTACTSPROJECT DESCRIPTIONVICINITY MAPSHEET INDEXAREA TABULATIONSLEGENDABBREVIATIONSPROPERTY OWNERSPHONEMAILINGADDRESSPROJECTADDRESSSITE AREAA.P.N.ZONINGLOCATED WITHIN DESIGNATEDWILDLAND URBAN INTERFACEFIRE AREASETBACK REQUIREMENTSMAX HEIGHTCONSTRUCTION TYPEOCCUPANCYSTORIESFIRE SPRINKLERSEXISTING USEYEAR BUILTKENNETH AND REBECCA BURG(408) 371-9717440 MCGLINCY LANECAMPBELL, CA 95008440 MCGLINCY LANECAMPBELL, CA 9500810,125 SQ.FT.412-31-018M-1NOREQUIREDFRONT:10'-0"SIDE:5'-0"REAR:5'-0"PROPOSEDFRONT: 10'-0"SIDE: 30'-0" & 17'-0"REAR: 55'-2"ALLOWEDPROPOSED - (NO PROPOSED CHANGES)30'-0" ±15'-2"V-BB AND U1NOT REQUIREDRESIDENTIAL - SINGLE FAMILY RESIDENCE1948GENERAL NOTESLEGENDALL WORK AND MATERIALS SHALL BE IN ACCORDANCE WITH THEFOLLOWING CODES, AS WELL AS ALL APPLICABLESTATE CODES & LOCAL CITY ORDINANCES,2019 CALIFORNIA BUILDING CODE (C.B.C.)2019 CALIFORNIA RESIDENTIAL CODE (C.R.C.)2019 CALIFORNIA ELECTRICAL CODE (C.E.C.)2019 CALIFORNIA PLUMBING CODE (C.P.C.)2019 CALIFORNIA MECHANICAL CODE (C.M.C.)2019 CALIFORNIA FIRE CODE (C.F.C.)2019 CALIFORNIA ENERGY CODE (C.E.C.)2019 CALIFORNIA GREEN CODE (C.G.C.)NOTHING ON THE DRAWINGS IS TO BE CONSTRUED TO PERMITWORK NOT CONFORMING TO THESE CODES & REGULATIONS.GENERAL CONTRACTOR AND SUBCONTRACTORS SHALL EXAMINETHOROUGHLY THE SITE AND SATISFY THEMSELVES AS TO THECONDITIONS TO WHICH THE WORK IS TO BE PERFORMED. THECONTRACTOR SHALL VERIFY AT THE SITE ALL MEASUREMENTSAFFECTING HIS WORK, AND SHALL BE RESPONSIBLE FOR THECORRECTNESS OF THE SAME. NO EXTRA COST TO THE OWNERWILL BE ALLOWED RESULTING FROM HIS NEGLIGENCE TOEXAMINE OR FAILURE TO DISCOVER CONDITIONS AFFECTING HISWORK.CONTRACTOR SHALL VERIFY ALL DIMENSIONS SHOWN ON THEDRAWINGS BY TAKING FIELD MEASUREMENTS; FOR PROPER FITAND ATTACHMENT OF ALL PARTS IS REQUIRED. SHOULD THEREBE ANY DISCREPANCIES, IMMEDIATELYREPORT TO THE ARCHITECT IN WRITING PRIOR TOCOMMENCEMENT OF ANY RELATED WORK. IN THE EVENT OF THECONTRACTOR'S FAILURE TO DO SO, THE CONTRACTOR SHALL BEFULLY AND SOLELY RESPONSIBLE FOR THE CORRECTION ORADJUSTMENT OF ANY SUCH RELATED WORK OR ERRORS.DO NOT SCALE THESE DRAWINGS. WRITTEN DIMENSIONS SHALLTAKE PRECEDENCE OVER SCALED DRAWINGS.1. CODES AND REGULATIONS2. SITE VERIFICATION3. MEASUREMENTS4. DIMENSIONSMINOR DISCREPANCIES BETWEEN THE DRAWINGS AND ACTUALCONDITIONS ARE TO BE EXPECTED. CONDITIONS REQUIRINGCLARIFICATION SHALL BE BROUGHT TO THE ATTENTION OF THEARCHITECT IMMEDIATELY.CONTRACTOR AND ALL SUBCONTRACTORS SHALL INSTALL ORAPPLY, AND PROTECT ALL PRODUCTS, MATERIALS, PROCESSES,METHODS, COATINGS, EQUIPMENT, APPLIANCES, HARDWARE,SOFTWARE, ETC. IN STRICT ACCORDANCE WITH THEMANUFACTURER'S SPECIFICATIONS, DETAILS & INSTRUCTIONS,TYPICAL. ALL MANUALS OR INSTRUCTIONS PROVIDED BY THESEMANUFACTURER'S FOR PROPER OPERATION ANDMAINTENANCE OF THE ABOVE ARE TO BE DELIVERED TO THEOWNER AT THE COMPLETION AND FINAL INSPECTION OF THEPROJECT.CONTRACTOR SHALL VERIFY THE QUANTITY, ROUGH OPENINGSAND TYPES OF DOORS AND WINDOW AND DOOR SCHEDULES INRELATION TO FRAMING PER FIELD PRIOR TO ORDERING. ANYDISCREPANCIES SHALL BE BROUGHT TO THE ATTENTION OF THEARCHITECT IMMEDIATELY.ALL ADHESIVES, SEALANTS, CAULKS, PAINTS, COATINGS, ANDAEROSOL PAINT CONTAINERS MUST REMAIN ON THE SITE FORFIELD VERIFICATION BY THE BUILDING INSPECTOR. PER CGBSCSEC. 4.504.2.4PRIOR TO FINAL INSPECTION, A LETTER SIGNED BY THE GENERALCONTRACTOR OR THE OWNER/BUILDER (FOR ANYOWNER/BUILDER) PROJECTS MUST BE PROVIDED TO THE CITY OFSAN JOSE BUILDING OFFICIAL CERTIFYING THAT ALL ADHESIVES,SEALANTS, CAULKS, PAINTS, COATINGS, AEROSOL PAINTS,AEROSOL COATINGS, CARPET SYSTEMS (INCLUDING CARPETING,CUSHION AND ADHESIVE), RESILIENT FLOORINGSYSTEMS, AND COMPOSITE WOOD PRODUCTS INSTALLED ON THISPROJECT ARE WITHIN THE EMISSION LIMITS SPECIFIED IN CGBSCSECTION 4.504.5. DISCREPANCIES6. MANUFACTURER'S SPECIFICATIONS7. WINDOWS AND DOORS8. CALGREEN STANDARDSEXISTING SITE / SURVEY PLANBLUEPRINT FOR A CLEAN BAY SHEETA-0.1A-3.0EXISTING FLOOR PLAN AND ROOF PLANACCESSIBILITY PLAN AND DETAILSA-5.0PROPOSED ELEVATIONSCALGREEN NOTEDOCUMENTATION SHALL BE PROVIDED, PRIOR TO FIRST INSPECTION,CONFIRMING COMPLIANCE TO THE WASTE MANAGEMENT PLANPROVIDED TO THE JURISDICTION. CGBSC SECTION 4.408.2.1.ARCHITECTURALPROJECT SCOPEGIULLIANI & KULLCONTACT: MARK HELTON4880 STEVENS CREEK BLVD. STE 100SAN JOSE, CA 95128(408) 815-4000 TELPROPOSED SITE PLANA-4.3A-4.4A-2.0 SITE PHOTOGRAPHY SHEETA. INTERIOR REMODELING TO INCLUDE ACCESSIBLE RESTROOM AND REMOVING INTERIOR WALLS TO CREATE A NEW FLOOR PLAN. REPLACE ALL DOORS AND WINDOWS WITH NEW. ENTIRE BUILDING TO RECIEVE NEW PAINT, ROOFING.B A NEW BUILDING USED AS A TRASH ENCLOUSURE AND STORAGE OF CONSTRUCTION HAND OPERATED CONSTRUCTION EQUIPMENT AND TOOLS. TRASH AND RECYCLING BINS SHALL BE LOCATED INSIDE THIS NEW BUILDING, WITH A HOSE BIBB AND A DRAIN CONNECTED TO SANITARY SEWER LINE PROVIDING AN AUTOMATIC TRAP PRIMER.C. CREATE A TOTAL OF 6 NEW ON-SITE PARKING LOT FOR A TOTAL OF 5 STANDARD PARKING SPACES PLUS 1 VAN ACCESSIBLE PARKING SPACE AND A NEW ACCESSIBLE PARKING WITH IDENTIFICATION SIGNS.D. NEW STRIPPED ACCESSIBLE PATH TO ENTRY DOOR WITH DETECTABLE WARNING SURFACE LOCATED AT HAZARDOUS VEHICULAR ACCESS PER CBC SEC 11B-705.1.E. NEW WHEEL STOPS AND CURBS AT ALL PROPOSED VEHICLE SPACES.F. NEW LANDSCAPED AREAS THROUGH OUTG. NEW ADDRESS IDENTIFICATION PER CFC SEC. 505.1H. EXISTING/NEW-PER PLAN- 6'-0" TALL CHAIN LINK FENCE (BLACK) WITH NEW BLACK PRIVACY SLATS ALONG THE PERIMETER OF THE SITE -TYP.I. NEW 20 FEET WIDE BY 6'-0" HIGH AUTOMATIC ROLLING GATE TO MATCH THE DESIGN FOR THE PERIMETER FENCING, PROVIDED WITH KNOX BOX.PARKING TABULATIONSTORAGE SPACE431 SQ. FT. / 400 SQ. FT. = 1.08 PARKING STALLS1 - VAN ACCESSIBLE PARKING SPACE5 - STANDARD SPACESPER CITY OF CAMPBELLMUNICIPAL CODECHAPTER 21.28, TABLE 3-1VEHICLE SPACESEXISTING:1 INSIDE A GARAGE TO BE DEMOLISHEDVEHICLE SPACESPROPOSED:6 AUTOMOBILE SPACES PLUSCONVERTED RESIDENCE INTO (N) OFFICE SPACE958 SQ. FT. / 225 SQ. FT. = 4.26 PARKING STALLSPROPOSED TRASH ENCLOSURE & STORAGE BUILDINGA-4.54 - MOTORCYCLE SPACES -4 MOTORCYCLE SPACES PROVIDEDOFFICE SPACENEW STORAGE BUILDING762 SQ. FT. / 400 SQ. FT. = 1.90 SPACESTOTAL PARKING REQUIRED - 7.24 PARKING SPACES (ROUNDED DOWN)1. SITE AREA (SQ. FT.)GROSS:10,125 SQ. FT.NET:10,125 SQ. FT.2. FLOOR AREA (SQ. FT.)EXISTING DEMO PROPOSED TOTALHABITABLE FLOOR AREA 1,389.00 0.00 0.00 1,389.00GARAGE 264.00 264.00 0.00 0.00 STORAGE AND TRASH BUILDING 0.00 0.00 762.00 762.00TOTAL AREA 1,653.00 (264.00) 762.00 2,151.003. MAXIMUM ALLOWABLE FLOOR AREA - F.A.R. (SQ. FT.)TOTAL AREAALLOWABLE4,050.00 0.40EXISTING1,653.00 0.16 PROPOSED2,151.00 0.214. SITE COVERAGE (SQ. FT.)TOTAL AREAALLOWABLE 9,315.00 92.00%EXISTING1,636.00 16.15 % PROPOSED2,559.00 25.25 % EXISTING SITE COVERAGE: EXISTING LIVING AREA AND GARAGE: 1,653.00 SQ. FT. EXISTING WALKS AND PORCH: 60.00 SQ. FT. EXISTING CONCRETE SLAB: 600.00 SQ. FT. TOTAL EXISTING SITE COVERAGE: 2,313.00 SQ. FT. (23%) PROPOSED SITE COVERAGE: PROPOSED OFFICE: 1,389.00 SQ. FT. PROPOSED ACCESSORY BUILDING: 762.00 SQ. FT. PROPOSED PARKING AND PAVING: 4,086.00SQ. FT. PROPOSED WALKS AND PORCH 466.00 SQ. FT. TOTAL IMPERVIOUS SITE COVERAGE: 6,703.00SQ. FT. (66%) * SEE SHEETS A-3.0 EXISTING SURVEY AND A-3.1 PROPOSED SITE PLAN5. MAXIMUM ALLOWABLE HEIGHTRESIDENCEOVERALLALLOWABLE 45'-0"EXISTING15'-2" +/-PROPOSED15'-2" +/- (E) TO REMAIN5. MAXIMUM ALLOWABLE PAVING COVERAGE WITHIN FRONTYARD SETBACK AREAALLOWED - (50%) OF 10 FEET x 75 FEET = 375.50 SFPROPOSED 200.00 SF A-2.0McGlincey Office 5-24-22 - Use Permit.pln7/17/2022 3:00 PMBELLCORECONSTRUCTION INC.CAMPBELL, CA 95008440 E McGLINCY LANEMETROGROUPDESIGNDATE :SCALE :PROJECT NO :DRAWN BY :The plans, ideas and design on thisdrawing are the property of thedesigner,divised solely for thiscontract. Plans shall not be used,in whole or in part, for any purposefor which they were not intendedwithout the written permission ofMETRO DESIGN GROUP. cREVISIONSARCHITECTURE PLANNING INTERIORS..1475 S. BASCOM AVE SUITE 208CAMPBELL, CA 95008(408)871-1071 phone(408)871-1072 faxwww.metroarchitects.comSHEET NUMBERCHECKED BY :TSARCHITECT :TOM SLOANPROJECT NAME227127-14-22CONDITIONAL USE PERMITAPPLICATIONVIEW'4'VIEW'5'VIEW'6'VIEW'1'VIEW'2'VIEW'3'EXISTING SITEAND INTERIORPHOTOGRAPHSCS / TS1/4" = 1'-0"123456 McGLINCYLANECAMPBELL, CALIFORNIA440 E. McGLINCY LANE1TOPOGRAPHICSURVEYA-3.0 A-3.1McGlincey Office 5-24-22 - Use Permit.pln7/17/2022 3:01 PMBELLCORECONSTRUCTION INC.CAMPBELL, CA 95008440 E McGLINCY LANEMETROGROUPDESIGNDATE :SCALE :PROJECT NO :DRAWN BY :The plans, ideas and design on thisdrawing are the property of thedesigner,divised solely for thiscontract. Plans shall not be used,in whole or in part, for any purposefor which they were not intendedwithout the written permission ofMETRO DESIGN GROUP. cREVISIONSARCHITECTURE PLANNING INTERIORS..1475 S. BASCOM AVE SUITE 208CAMPBELL, CA 95008(408)871-1071 phone(408)871-1072 faxwww.metroarchitects.comSHEET NUMBERCHECKED BY :TSARCHITECT :TOM SLOANPROJECT NAME227127-14-22CONDITIONAL USE PERMITAPPLICATIONS1G1G2TS4TS1S4S1S4S1S4S1S4S1S4(E) 12" REDWOOD TREE TO REMAIN(N) ADDRESSIDENTIFICATIONPER CFCSEC. 505.1EXISTING 6' HIGH CHAIN LINKFENCE WITH NEW PRIVACYSLATS -TYP. -SEE SPEC 1/A-4& NOTE 'I'/SCOPE OF WORK-FORMORE INFO(E) 12" REDWOOD TREE TO REMAIN(E) 12" REDWOOD TREE TO REMAINDENOTES PORTION OF EXISTING BUILDING (GARAGE)TO BE DEMOLISHEDRE-CONSTRUCTED STORAGE BUILDING(ACCESSORY BUILDING)(E) TREE TO REMAINFRUITLESS MULBERYMORUS ALBA(N) 6' TALL FENCE4 - MOTORCYCLEPARKING STALLSPER CMC SEC. 21.28.065TREE PROTECTION7' HIGH CHAIN LINKFENCE2314520 FT MIN.CLEARANCEEXISTING RESIDENCETO BE CONVERTEDINTO OFFICE USEPROPOSEDTRASH ENCLOSURE&STORAGEBUILDINGEXISTINGBUILDING0' 5' 10'20'40'12-0"5'-0"5'-0"SETBACK5'-0"SETBACKUPNEW RAMP8%PLANTINGAREAPLANTING AREAPLANTING AREAPLANTING AREAPLANTING AREAZONING: M-1LIGHT INDUSTRIALZONING: M-1LIGHT INDUSTRIALZONING: M-1LIGHT INDUSTRIALZONING: M-1LIGHT INDUSTRIALLEGENDPROPERTY LINENEW 8' HIGH FENCEEXISTING BUILDINGPROPOSED ACCESSIBLE PATHMIN. 48" WIDE TYP.MAX. 2% SLOPEPROPOSED DETECTABLEWARNING SURFACE1 GAL11ASSORTED SHRUBSPLANT LEGENDQTYGROUND COVERCOMMON NAMESIZESHRUBS / GRASSESKEYBOTANICAL NAME------MULCHPROPOSED SHRUBSPROPOSEDGROUNDCOVERTREES21" DIATOPROPERTY LINE MITIGATION(PODOCARPUS GRACILIOR)EXISTING TREETO REMAINTABULATIONOF LANDSCAPE AREAPER CALIFORNIAWATER EFFICIENCYLANDSCAPE ORDINACEIRRIGATIONASSORTED SHRUBS AREAWITH MULCH GROUND COVER:1,607 SQ. FT.DESCRIPTIONAREAPROPERTY LINE MITIGATION(SCREENED AREA):198 SQ. FT.TOTAL LANDSCAPE AREA:1,805 SQ. FT.SITE AREA:10,125 SQ. FT. 100.00 %LANDSCAPE AREA:1,805 SQ. FT.18 %EXISTING PLANTING STRIP AREA:N / A- 445 SFFLOORAREAOCCUPANTLOAD FACTORPER CFC TABLE 1004.1.2-OCCUPANTLOAD0NO. OF REQUIREDEXITS1OCCUPANCY LOAD CALCULATIONSTROBEEXITFEFIRE EXTINGUISHER -TYP. OF 1- SEE FIRE DEPARTMENT NOTES - NOTE #8LED EMERGENCY & EXIT COMBINATION - TYP. OF 1STROBE - EMERGENCY LIGHTING - TYP. OF 3MANUFACTURER: "NORA", MODEL: NEX-730-LEDVOLTAGE: 120V OR 277V INPUT;WATTAGE: 2.8 W NORMAL OPERATION, 3.5 W EMERGENCY OPERATIONLIGHT SOURCE: EXIT: LED STRIP, NORMAL OPERATIONEMERGENCY: LED STRIP & 2 WEDGE BASE LED LAMPSMEETS OR EXCEEDS: UL924, NEC, OSHA AND NFPA LIFE SAFETY CODE REQUIREMENTS10,000 SFFLOOR AREA CALCULATION:OCCUPANCYGARAGE938 SF 225 SF 4.17 1OFFICE445 SF 300 SF 1.48 1STORAGE1,383 SF 5.66 1TOTAL-N 37 09'00" E 75.00'N 37 09'00" E 75.00'N 52 51'00" E 125.00'N 52 51'00" E 125.00'PARKINGLOT8'-6"31'-10"5''-0"10''-0"SETBACK55'-2"18'-0"1-6"32'-6"18'-0"TYP.TYP.30'-0"20 FT MIN.CLEARANCEFIRE DEPARTMENT NOTES1.ALL CONSTRUCTION SITES MUST COMPLY WITH APPLICABLEPROVISIONS OF THE CFC CHAPTER 33 AND SCCFD'SSPECIFICATION SI-7-CONSTRUCTION SITE FIRE SAFETY.2.FIRE DEPARTMENT ACCESS TO THE SITE, THE BUILDING, ANDTO ALL FIRE PROTECTION SYSTEMS SHALL BE MAINTAINED AT ALLTIMES, IN ACCORDANCE WITH CFC CHAPTER 5. NO OBSTRUCTIONSUCH AS VEHICLES, STORAGE, AND OTHER MATERIALS OR OBJECTSSHALL BE PLACED OR KEPT IN A MANNER THAT WOULD PREVENTTHE 25' BACKUP/ FIRE LANE, GATE AND EQUIPMENT FROM BEINGIMMEDIATELY DISCERNIBLE.8.ELECTRIC GATE OPERATORS SHALL BE INSTALLED IN ACCORDANCEWITH UL 325, AND SHALL BE DESIGNED, CONSTRUCTED AND INSTALLEDTO COMPLY WITH THE REQUIREMENTS OF ASTM F2200.GATES EQUIPPED WITH ELECTRONIC CONTROL DEVICES SHALL HAVE ANAPPROVED FIRE DEPARTMENT OVERRIDE KNOX KEY SWITCH, WHICHSHALL OPEN THE GATE AND CAUSE IT TO REMAIN IN THE OPEN POSITIONUNTIL RESET BY EMERGENCY RESPONSE PERSONNEL, AND THAT WILLALLOW OPERATION OF THE GATE DURING POWER OUTAGES, INACCORDANCE WITH CFC 506.1.1.GATES SHALL BE ADEQUATELY SUPPORTED TO PREVENT DRAGGING,AND SHALL BE OPERABLE BY ONE PERSON.4.7.NO HAZARDOUS MATERIALS SHALL BE STORED IN ANY BUILDING.5.3.6.FIRE EXTINGUISHERS: PORTABLE FIRE EXTINGUISHERS SHALL BEPROVIDED AND SHALL BE MOUNTED ON A WALL OR POST AT EACHUSABLE STAIRWAY AND SUCH THAT THE TRAVEL DISTANCE TO ANYEXTINGUISHER DOES NOT EXCEED 75 FT. MOUNTING HEIGHT TO THETOP OF THE EXTINGUISHER SHALL NOT EXCEED 5 FEET.EXTINGUISHERS SHALL NOT HAVE LESS THAN A 2A10BC RATING OR ASOTHERWISE DIRECTED BY THE FIRE DEPARTMENT. THE GENERALCONTRACTOR SHALL ENSURE THAT AN ADEQUATE NUMBER OFINDIVIDUALS ARE TRAINED IN THE PROPER USE OF PORTABLE FIREEXTINGUISHERS. FIRE EXTINGUISHERS SHALL ALSO BE LOCATED INSTORAGE SHEDS AND CONTRACTOR TRAILERGATE INSTALATIONS SHALL CONFORM WITH FIRE DEPARTMENTSTANDARD DETAILS AND SPECIFICATION G-1 AS WELL AS CFC503.5 AND 503.6.PROTECT THE KNOX RAPID ACCESS SYSTEMWITH A KNOX KEYSECURE®. THE KNOXKEYSECURE RETAINS THE MASTER KEY ANDONLY RELEASES IT TO AUTHORIZED USERSWITH PIN CODES. ACCOUNTABILITY FORMASTER KEY ACCESS IS PROVIDED BY THEUNIT'S RETRIEVABLE AUDIT TRAIL.KNOX BOX -NOTE: THE BUILDING SHALL BE EQUIPPED WITH A PERMANENTLY INSTALLED EMERGENCY ACCESS KEY BOX(KNOX BOX), CONFORMING TO FIRE DEPARTMENT STANDARD DETAIL AND SPECIFICATION K-1. AT TIME OF FINALINSPECTION, ACCESSS KEYS SHALL BE PROVIDED TO THE FIRE DEPARTMENT. (CFC 506)PROJECT ADDRESS NOTE: APPROVED NUMBERS OR ADDRESSES SHALL BE PLACED ON ALL NEW AND EXISTING BUILDINGSIN SUCH A POSITION AS TO BE PLAINLY LEGIBLE AND VISIBLE FROM THE STREET OR ROAD FRONTING THE PROPERTY.SAID NUMBERS SHALL CONTRAST WITH THEIR BACKGROUND. (CFC/505.1)KNOX BOX AND PROJECT ADDRESS NOTESFRUITLESS MULBERRYMORUS ALBAREDWOODSEQUOIA SEMPERVIRENSTOTOTO(N) 6 FT HIGH GATE WITHKNOX BOX10'-6"20'-6"MECHEQUIPM c G L I N C Y L A N E5'-0"NOPARKING7 23'-0"3'-6"TO17'-0"PLANTING AREATO9.FIRE SPRINKLERS - APPROVED AUTOMATIC FIRE SPRINKLER SYSTEM INBOTH BBUILDINGS SHALL BE PROVIDED IN LOCATIONS DESCRIBED INSECTION 903.2.1 THRU 903.2.18 (WHICHEVER IS MORE RESTRICTIVE).10.REQUIRED FIRE FLOW: 500 GALLONS PER MINUTE(gpm) AT 20 PSIRESIDULAL PRESSURE.4'6'1234-PLANTING AREAPROPOSEDSITE PLANCS / TS1/4" = 1'-0" A-4.1McGlincey Office 5-24-22 - Use Permit.pln7/17/2022 3:01 PMBELLCORECONSTRUCTION INC.CAMPBELL, CA 95008440 E McGLINCY LANEMETROGROUPDESIGNDATE :SCALE :PROJECT NO :DRAWN BY :The plans, ideas and design on thisdrawing are the property of thedesigner,divised solely for thiscontract. Plans shall not be used,in whole or in part, for any purposefor which they were not intendedwithout the written permission ofMETRO DESIGN GROUP. cREVISIONSARCHITECTURE PLANNING INTERIORS..1475 S. BASCOM AVE SUITE 208CAMPBELL, CA 95008(408)871-1071 phone(408)871-1072 faxwww.metroarchitects.comSHEET NUMBERCHECKED BY :TSARCHITECT :TOM SLOANPROJECT NAME227127-14-22CONDITIONAL USE PERMITAPPLICATIONDENOTES PORTION OF EXISTING BUILDINGTO BE DEMOLISHEDDENOTES PORTION OF EXISTING BUILDINGTO BE DEMOLISHEDDENOTES EXTERIOR WALLSTO BE DEMOLISHEDDENOTES PORTION OF EXISTING BUILDINGTO BE DEMOLISHEDDENOTES EXISTING INTERIOR WALLSTO BE DEMOLISHEDDENOTES EXISTING PLUMBINGFIXTURES TO BE REMOMEDDENOTES EXISTING DOORSTO BE REMOVED (TYP)FRONT CONCRETE PORCH TOBE DEMOLISHEDBEDROOMFAMILY ROOMOFFICEKITCHENLIVING/DININGROOMBATH1/2 BATHGARAGEFRONT PORCH5:12PITCH5:12PITCH5:12PITCH5:12PITCH5:12PITCH5:12PITCH5:12PITCHRIDGERIDGERIDGEHIP HIPHIPHIP VALLEYVALLEYHIPHIP HIPUPUPEXISTINGFLOOR PLANEXISTING ROOFPLANCS / TS1/4" = 1'-0" A-4.2McGlincey Office 5-24-22 - Use Permit.pln7/17/2022 3:01 PMBELLCORECONSTRUCTION INC.CAMPBELL, CA 95008440 E McGLINCY LANEMETROGROUPDESIGNDATE :SCALE :PROJECT NO :DRAWN BY :The plans, ideas and design on thisdrawing are the property of thedesigner,divised solely for thiscontract. Plans shall not be used,in whole or in part, for any purposefor which they were not intendedwithout the written permission ofMETRO DESIGN GROUP. cREVISIONSARCHITECTURE PLANNING INTERIORS..1475 S. BASCOM AVE SUITE 208CAMPBELL, CA 95008(408)871-1071 phone(408)871-1072 faxwww.metroarchitects.comSHEET NUMBERCHECKED BY :TSARCHITECT :TOM SLOANPROJECT NAME227127-14-22CONDITIONAL USE PERMITAPPLICATIONSUB FLOOR 0'-0"TOP PLATE 8'-0"SUB FLOOR 0'-0"TOP PLATE 8'-0"SUB FLOOR 0'-0"TOP PLATE 8'-0"SUB FLOOR 0'-0"TOP PLATE 8'-0"DENOTES PRORTION OFEXISTING BUILDING TOBE DEMOLISHEDDENOTES PRORTION OFEXISTING BUILDING TOBE DEMOLISHEDDENOTES PRORTION OFEXISTING BUILDING TOBE DEMOLISHEDDENOTES PRORTION OFEXISTING BUILDING TOBE DEMOLISHEDSOUTHEAST ELEVATIONSOUTHWEST ELEVATIONNORTHWEST ELEVATIONNORTHEAST ELEVATION51251251251215'-3"EXISTING HEIGHTEXISTINGEXTERIORELEVATIONSCS / TS1/4" = 1'-0" A-4.3McGlincey Office 5-24-22 - Use Permit.pln7/17/2022 3:01 PMBELLCORECONSTRUCTION INC.CAMPBELL, CA 95008440 E McGLINCY LANEMETROGROUPDESIGNDATE :SCALE :PROJECT NO :DRAWN BY :The plans, ideas and design on thisdrawing are the property of thedesigner,divised solely for thiscontract. Plans shall not be used,in whole or in part, for any purposefor which they were not intendedwithout the written permission ofMETRO DESIGN GROUP. cREVISIONSARCHITECTURE PLANNING INTERIORS..1475 S. BASCOM AVE SUITE 208CAMPBELL, CA 95008(408)871-1071 phone(408)871-1072 faxwww.metroarchitects.comSHEET NUMBERCHECKED BY :TSARCHITECT :TOM SLOANPROJECT NAME227127-14-22CONDITIONAL USE PERMITAPPLICATIONDENOTES NEW GABLE ROOFDENOTES NEW GABLE ROOFDENOTES PORTION OFEXISTING BUILDING TOBE DEMOLISHEDDENOTES PORTION OFEXISTING BUILDING TO BE REFRAMEDAS REQUIRED WITH NEW STUCCOSIDING TO MATCH EXISTINGDENOTES NEW CONCRETE PORCHAND ACCESSIBLE ENTRY RAMPNEW PLUMBING FIXTURES ANDACCESSORIES FOR NEW RESTROOMDENOTES PORTION OF EXISTINGBUILDING TO BE DEMOLISHEDDENOTES NEW FACIA AND GUTTERRE-ROOF WITH NEW ASPHALTSHINGLES (TYP)(N) ADDRESSIDENTIFICATIONPER CFCSEC. 505.1PRIVATEOFFICEBREAK ROOMVALLEYOPEN OFFICEAREASTORAGEROOMMULTI GENDERACCESSIBLERESTROOM1/2 BATH5:12PITCH5:12PITCH5:12PITCHRIDGEHIP HIPFRONT PORCHFILEROOMRIDGE5:12PITCHFIRE EXTINGUISHERS: PORTABLE FIRE EXTINGUISHERS SHALL BEPROVIDED AND SHALL BE MOUNTED ON A WALL OR POST AT EACHUSABLE STAIRWAY AND SUCH THAT THE TRAVEL DISTANCE TO ANYEXTINGUISHER DOES NOT EXCEED 75 FT. MOUNTING HEIGHT TO THETOP OF THE EXTINGUISHER SHALL NOT EXCEED 5 FEET.EXTINGUISHERS SHALL NOT HAVE LESS THAN A 2A10BC RATING OR ASOTHERWISE DIRECTED BY THE FIRE DEPARTMENT. THE GENERALCONTRACTOR SHALL ENSURE THAT AN ADEQUATE NUMBER OFINDIVIDUALS ARE TRAINED IN THE PROPER USE OF PORTABLE FIREEXTINGUISHERS. FIRE EXTINGUISHERS SHALL ALSO BE LOCATED INSTORAGE SHEDS AND CONTRACTOR TRAILERFIRE DEPARTMENT NOTESPLANTINGAREA2%UP5'-0"UPNEW RAMP8%5:12PITCHPROPOSEDFLOOR PLANPROPOSEDROOF PLANCS / TS1/4" = 1'-0" A-4.4McGlincey Office 5-24-22 - Use Permit.pln7/17/2022 3:01 PMBELLCORECONSTRUCTION INC.CAMPBELL, CA 95008440 E McGLINCY LANEMETROGROUPDESIGNDATE :SCALE :PROJECT NO :DRAWN BY :The plans, ideas and design on thisdrawing are the property of thedesigner,divised solely for thiscontract. Plans shall not be used,in whole or in part, for any purposefor which they were not intendedwithout the written permission ofMETRO DESIGN GROUP. cREVISIONSARCHITECTURE PLANNING INTERIORS..1475 S. BASCOM AVE SUITE 208CAMPBELL, CA 95008(408)871-1071 phone(408)871-1072 faxwww.metroarchitects.comSHEET NUMBERCHECKED BY :TSARCHITECT :TOM SLOANPROJECT NAME227127-14-22CONDITIONAL USE PERMITAPPLICATIONSUB FLOOR 0'-0"TOP PLATE 8'-0"SUB FLOOR 0'-0"TOP PLATE 8'-0"SUB FLOOR 0'-0"TOP PLATE 8'-0"SUB FLOOR -1'-2"TOP PLATE 8'-0"DENOTES PRORTION OFEXISTING BUILDING TOBE DEMOLISHEDDENOTES PRORTION OFEXISTING BUILDING TOBE DEMOLISHEDDENOTES PRORTION OFEXISTING BUILDING TOBE DEMOLISHEDSOUTHEAST ELEVATIONSOUTHWEST ELEVATIONNORTHWEST ELEVATIONNORTHEAST ELEVATION51251251215'-3"EXISTING HEIGHTNORTHWEST ELEVATION512440PROPOSEDEXTERIORELEVATIONSCS / TS1/4" = 1'-0" A-4.5McGlincey Office 5-24-22 - Use Permit.pln7/17/2022 3:01 PMBELLCORECONSTRUCTION INC.CAMPBELL, CA 95008440 E McGLINCY LANEMETROGROUPDESIGNDATE :SCALE :PROJECT NO :DRAWN BY :The plans, ideas and design on thisdrawing are the property of thedesigner,divised solely for thiscontract. Plans shall not be used,in whole or in part, for any purposefor which they were not intendedwithout the written permission ofMETRO DESIGN GROUP. cREVISIONSARCHITECTURE PLANNING INTERIORS..1475 S. BASCOM AVE SUITE 208CAMPBELL, CA 95008(408)871-1071 phone(408)871-1072 faxwww.metroarchitects.comSHEET NUMBERCHECKED BY :TSARCHITECT :TOM SLOANPROJECT NAME227127-14-22CONDITIONAL USE PERMITAPPLICATIONCONCRETE FLOOR -0'-2"TOP OF PARAPET 20'-0"DENOTES ROOF LINE BEHINDPARAPET WALLDENOTES CONCRETEMASONRY WALLDENOTES METAL CAPFLASHINGDENOTES RAFTER TAILSDENOTES FINAL GRADEDENOTES FLOOR LEVELDENOTES CONCRETEMASONRY WALLDENOTES METAL CAPFLASHINGDENOTES ROOF EAVEDENOTES FINAL GRADEDENOTES FLOOR LEVELDENOTES NETAL ROLL-UPDOOR WITH INTEGRATEDMAN-DOORCONCRETE FLOOR -0'-2"TOP OF PARAPET 20'-0"DENOTES ROOF LINE BEHINDPARAPET WALLDENOTES CONCRETEMASONRY WALLDENOTES METAL CAPFLASHINGDENOTES RAFTER TAILSDENOTES TPO ROOFTOP OF PARAPET -20'-0"CONCRETE FLOOR - 0'-2"DENOTES (2) 95 GALLON TRASH CARTSTRASH ENCLOSURE CONSTRUCTEDPER CMC 12.18.110CONCRETE WALLS WITH METAL GATES(TRASH ENCLOSURE SHALL HAVEFLOOR DRAIN CONNECTED TO SANITARY SEWER)DENOTES PROPERTY LINEDENOTES NETAL ROLL-UPDOOR WITH INTEGRATEDMAN-DOORSOUTHEAST ELEVATIONSOUTHWEST ELEVATION32'-8"23'-4"NORTHWEST ELEVATION112EXISTING 24 FT. TALLBUIDINGEXISTING 24 FT. TALLBUIDING1123 YD BINWEST VALLEYCOLLECTIONS& RECYCLINGPLAN VIEWTRASH ENCLOSURE &STORAGE BUILDINGUPSTORAGEPLANTING AREAPLANTING AREA20'-0"20'-0"20'-0"PROPOSEDTRASH ENCLOSURE &STORAGE BUILDINGFLOOR PLANEXTERIOR ELEVATIONSTS1/4" = 1'-0" A-5.0McGlincey Office 5-24-22 - Use Permit.pln7/17/2022 3:01 PMBELLCORECONSTRUCTION INC.CAMPBELL, CA 95008440 E McGLINCY LANEMETROGROUPDESIGNDATE :SCALE :PROJECT NO :DRAWN BY :The plans, ideas and design on thisdrawing are the property of thedesigner,divised solely for thiscontract. Plans shall not be used,in whole or in part, for any purposefor which they were not intendedwithout the written permission ofMETRO DESIGN GROUP. cREVISIONSARCHITECTURE PLANNING INTERIORS..1475 S. BASCOM AVE SUITE 208CAMPBELL, CA 95008(408)871-1071 phone(408)871-1072 faxwww.metroarchitects.comSHEET NUMBERCHECKED BY :TSARCHITECT :TOM SLOANPROJECT NAME227127-14-22CONDITIONAL USE PERMITAPPLICATIONACCESSIBLE PAVEMENT SYMBOLScale 1'' = 1' - 0''2ACCESSIBLE PARKING SIGNSScale 1'' = 1' - 0''313"12"3"2"3'-0"3'-0"17" (MIN.) @36" @ 22" (MIN.) @R 10"R 2 1/2"BLUE BACKGROUND EQUAL TO COLORNO.15090 IN FEDERAL STANDARDNO.595C2" WIDE WHITE PAINTED STRIPINGTYPICALCENTER LINE OF PARKING &ACCESSIBLE SYMBOL TYPICAL(NOT SMALLER THAN 70-IN. IN AREA AND SHALL BE CENTERED AT THE INTERIOREND OF EACH ACCESSIBLE PARKING SPACE. EACH SPACE SHALL BE IDENTIFIED BYA PERMANENTLY AFFFIXES REFLECTORIZED SIGN CONSTRUCTED OF PORCELAINON STEEL, 1" HIGH BEADED TEXT OR EQ., DISPLAYING THE INTERNATIONALSYMBOL OF ACCESSIBILITY.)SITE ENTRY SIGNVANACCESSIBLESITE ENTRY SIGNSIGNAGE PER ADAREQUIREMENTS AT VANACCESSIBLE PARKING STALL(80" @ PARKING SPACE SIGN)SITE ENTRY SIGNFOR LOCATION SEE DETAIL1/A-1.1(8.5" MIN.)(8.5" MIN.)PROVIDE ONE 17" x 22" SIGN AT EACHENTRANCE TO OFF-STREET PARKING, WITHSIGN TEXT AS FOLLOWS IN 1" HIGH LETTERS:"UNAUTHORIZED VEHICLES PARKED INDESIGNATED ACCESSIBLE SPACES NOTDISPLAYING DISTINGUISHING PLACARDSOR SPECIAL LICENSE PLATES ISSUED FORPERSONS WITH DISABILITES WILL BE TOWEDAWAY AT OWNERS EXPENSE. TOWEDVEHICLES MAY BE RECLAIMEDAT __________OR BYTELEPHONING _________ ."TO BE FILLED IN ASINSTRUCTED BY BUILDINGOWNER.SITE ENTRY SIGNPARKING SPACE SIGNFASTEN TO WALL W/ LAGSCREWS EA. CORNERMINIMUM FINE $250PROVIDE ADDITIONAL SIGN OR ADD LANGUAGE BELOW THESYMBOL OF ACCESSIBILITY THAT STATES 'MINIMUM FINE $250'WHEEL STOP DETAILScale 3'' = 1' - 0''4DETECTABLE WARNINGS AT HAZARDOUSVEHICULAR AREASNot to Scale6ACCESSIBLE SIGN POST BASEScale 3'' = 1' - 0''56"2"8"2" 4" 2"1'-0"1'-0"6"6"6"6"R 4"PRE-CAST CONCRETE WHEEL STOP(TYP.)STEEL REINFORCING BAR (TYP.)MASTIC (TYP.)UNDERLAYMENT SEE CIVIL PLANS(TYP.)ASPHALT PAVING SEE CIVIL PLANS(TYP.)CENTER LINE OF PARKING &ACCESSIBLE SYMBOL TYPICALCONCRETE SIDEWALK WHEREOCCURS. SEE LANDSCAPE PLANS(TYP.)V-GROOVE IN CONCRETE POUR(TYP.)2" DIA. CALV. STEEL PIPE (PRIME &PAINT BLACK) (TYP.)12" x 36" DEEP CONCRETEFOOTING (TYP.)36" WIDE DETECTABLE WARNINGTEXTURE PER CBC SEC11B-705.1.2.5.TAPERED EDGES WHEN EXPOSEDDURABLE SLIP RESISTANT MATERIAL HAVING A SURFACE TEXTURE COMPOSEDOF RAISED, TRUNCATED DOMES. THE DETECTABLE WARNINGSHALL CONTRAST VISUALLY WITH ADJOINING SURFACES, EITHER LIGHT ONDARK OR DARK ON LIGHT. WARNING SURFACES SHALL DIFFER FROM ADJOININGSURFACES IN RESILIENCY OR SOUND ON CANE CONTACT.PER CBC SEC. 11 B-705TRUNCATED DOMES COMPLYING W/CBC SEC. 11B-705.1.1.2(N) IDENTIFICATION SIGNPER CBC SEC. 11B-502.6SEE DET. 3 & 5/A-5(N) VAN ACCESSIBLEPARKING SPACE - SEE DET 2/A-5.01 60" x 60" CLEAR FLOOR SPACE(N) ACCESSIBLE PATHTO ENTRY DOOR23145EXISTING RESIDENCETO BE CONVERTEDINTO OFFICE USEPROPOSEDTRASH ENCLOSURE&STORAGEBUILDINGEXISTINGBUILDING0' 5' 10'20'40'ZONING: M-1LIGHT INDUSTRIALN 37 09'00" E 75.00'N 37 09'00" E 75.00'N 52 51'00" E 125.00'N 52 51'00" E 125.00'1-6"18'-0"M c G L I N C Y L A N E12-0"5'-0"NOPARKING7MECHEQUIPUP18'-0"5'-0"NEW RAMP8%PROPOSEDACCESSIBILITYPLANCS / TS1/4" = 1'-0" ITEM NO. 4 CITY OF CAMPBELL ∙ PLANNING COMMISSION Staff Report ∙ September 13, 2022 PLN-2021-177 Gkw Architects, Inc Public Hearing to consider the request Gkw Architects, Inc., for property located at 523 Union Avenue to allow construction of a 7-unit townhome development and creation of 7 private lots and one common lot, with associated site, parking, and landscaping improvements, and removal of an 18-inch (DBH) Coast Live Oak tree straddling the property line with 805 E.McGlincy Lane. The project will provide one (1) townhouse unit that willbe restricted for sale to a moderate-income household pursuant to StateDensity Bonus law, and is requesting a waiver and/or reduction to the development standards applicable to the R-3 Zoning District that wouldphysically preclude construction of the project; a concession to eliminatethe frontage utility undergrounding requirement; and use of the maximumvehicular parking ratio. The applications under consideration include a Siteand Architectural Review Permit w/a Density Bonus, Tentative Subdivision Map, and Tree Removal Permit. File. No.: PLN-2022-32. STAFF RECOMMENDATION That the Planning Commission take the following action: 1.Adopt a Resolution (reference Attachment 1), approving a Site and Architectural Review Permitw/a Density Bonus, Tentative Subdivision Map, and Tree Removal Permit, and finding the project Categorically Exempt under Section 15332 of the California Environmental Quality Act (CEQA),pertaining to In-Fill Development Projects. ENVIRONMENTAL (CEQA) DETERMINATION Development proposals are subject to review under the California Environmental Quality Act (CEQA), as codified in Title 14 of the California Code of Regulations. The level of review required under CEQA is generally commensurate with the scale and complexity of the proposed development. Minor projects, as identified in CEQA, may be deemed exempt from formal environmental review, if they will not result in any potential significant environmental impacts. In review of the applicant’s proposal, staff recommends that the Planning Commission determine this project is Categorically Exempt from environmental review under Section 15332 of the California Environmental Quality Act (CEQA), pertaining to In-Fill Development Projects which are found consistent with all applicable general plan policies and zoning regulations, are under five acres in size, and substantially surrounded by urban uses. Further, the project qualifies for a categorical exemption on the basis the site has no value as habitat for endangered, rare, or threatened species (i.e., wetland), the project will not result in any significant environmental effects related to traffic, noise, or air/water quality, and can be adequately served by all required utilities and public services as further substantiated by the project materials. Staff Report – Planning Commission Meeting of September 13, 2022 Page 2 of 11 PLN-2021-150 ~ 523 Union Avenue PROJECT DATA Zoning Designation: R-3 (Multiple Family Residential) General Plan Designation: High Density Residential (21-27 units/gr. acre) Lot Areas (net/gross): 10,953 square-feet (net) | 13,301 square-feet (gross) Density: 23 units/gr. acre. 27 units/gr. acre (Max. Allowed) Building Height (New): 34 ½ feet 40 feet (Max. Allowed) Building Square Footage : 13,845 square feet 6,024 square feet1 (Max. Allowed) Floor Area Ratio (FAR) 1.26 .55 (Max. Allowed)1 Lot Coverage: 45% 40% (Max. Allowed)1 Parking: 14 stalls 12 stalls (Min. Required)2 Landscaping Area: 11% (1,184 SF) 20% (Min. Required)1 Building Setbacks3 Proposed Required Front (south): 0 feet/10-feet4 20 feet1 Sides (west): 0 feet5 15 feet (½ the "wall height")1 Sides (east): 0 feet 15 feet (½ the "wall height")1 Rear (north): 9 feet 15 feet (½ the "wall height")1 Unit Sizes: 1,900 SF (2b/2.5b) x 6 units + 2,500 SF (4b/4.5b) x 1 unit DISCUSSION Project Site: The project site is an approximately 11,000 square parcel located on Union Avenue, north of McGlincy Lane, within the R-3 (Multiple-Family) Zoning District and the High Density Residential (21-27 units/gr. acre) General Plan Land Use District. The site borders industrial uses to south and west, and two apartment buildings to the north located along West Valley Drive. The property is currently developed with a single-family residence constructed circa 1952 that would be demolished with the project. 1 A waiver to reduce or eliminate this standard is requested under the State Density Bonus law. 2 With a Density Bonus, parking is limited to 1 ½ parking stalls per 2/3-bedroom unit or 2 ½ stalls per 4-bedroom unit. 3 Building setbacks are measures from the proposed new property lines, which are drawn nearly exactly around the townhome units at the sides and rear property lines. 4 10-feet measured from the easterly most building wall to the Union Avenue property line. 5Lot 1 has an interior (west) side setback of 6-feet because its rear yard wraps around the building. Staff Report – Planning Commission Meeting of September 13, 2022 Page 3 of 11 PLN-2021-150 ~ 523 Union Avenue Proposed Project: The above referenced applications would allow construction of a seven attached townhome units with creation of seven private lots and one common lot (reference Attachment 2 – Project Plans). As discussed, below, this is a housing Density Bonus project, which will allow a series of "concessions and waivers," as well as use of a reduced parking standard. However, the project is not seeking an actual increase in residential density ("bonus") but it still will provide one below-market-rate (BMR) housing unit affordable at the moderate-income level. On December 8, 2020, the Planning Commission held a study session to review a preliminary proposal for an earlier iteration of this project. As discussed in the staff memorandum (reference Attachment 3), a primary concern was ensuring that the project achieved the minimum density (i.e., number of units) required by the General Plan. The formal application was received by City on May 27, 2021, and has undergone four rounds of review. SCOPE OF REVIEW The Planning Commission's review of this project is limited by State Density Bonus law and the Housing Accountability Act, as described, below:  Density Bonus: The California Density Bonus law promotes and facilitates the creation of restricted below-market-units (BMR) in new housing development projects by offering several inducements. These include the actual density "bonus" after which the law is named that allows an increase to the base density as determined by the specific percentage and level of affordability of the offered BMR units;6 a maximum parking ratio that limits the quantity of parking stalls the City may require2; "concessions/incentives" that reduce or modify development standards or regulatory requirements in order to achieve an identifiable and actual cost reduction for the project7; and "waivers" that eliminate and/or reduce development standards that would physically preclude the construction of the project8. As listed in the applicant's Project Description and Affordable Housing Plan (reference Attachment 4), the project includes several waivers that would reduce or eliminate the minimum parcel size, minimum parcel width, minimum public frontage, front/side/rear setbacks, maximum floor area ratio, maximum lot coverage, and the minimum quantity of landscaping required for projects in the R-3 (Multiple-Family Residential) Zoning District. The request for waivers reflects the number of restrictions in the City's R-3 zoning districts and an identified conflict between the number of allowable housing units under the General Plan and the amount of actual buildable capacity created by the development standards, as well as the inability to create lots along private roadways. Based on these conflicts, the City has historically resorted to use of Planned Development zoning to allow higher density housing. In addition to the waivers, the project also proposes use of its one allowable concession to eliminate the City's frontage undergrounding requirement. Allowing retention of the existing overhead utility lines would provide a significant cost reduction to the project and reduce the technical complexity of construction. Lastly, use of the maximum Density Bonus parking ratio is also requested, as discussed further, below. 6 Qualifying projects can increase their density by up to 50% (projects that are 100% affordable and in proximity to public transit can have an unlimited density bonus). However, a Density Bonus project can be proposed without the corresponding density increase if the applicant wishes to only utilize concessions or waivers, or the parking standard. 7 Up to four "concessions/incentives" may be provided depending on the BMR percentage and level of affordability. 8 Unlimited waivers must be granted irrespective of the BMR percentage or level of affordability. Staff Report – Planning Commission Meeting of September 13, 2022 Page 4 of 11 PLN-2021-150 ~ 523 Union Avenue  Housing Accountability Act: As a housing development, the City is limited in its capability to "deny, reduce the density for, or render infeasible" the project under the Housing Accountability Act (HAA) (Government Code Section 65589.5) unless: 1) the proposal is found to be in violation of an objective general plan/zoning standard (other than those waived/reduced through use of the Density Bonus law); or 2) the project will result in a specific adverse impact to public health and safety. While changes to the project may be applied by the decision-making body to further applicable goals, policies, and strategies – any changes not based on objective standards may not make the project infeasible or reduce the number of units. For example, the decision-making body may not deny a project because of its proposed paint color, but still retains the authority to condition such a change. The Planning Commission must consider if any recommended conditions of approval or modifications to the project are consistent with the HAA and may request clarification from staff where appropriate. ANALYSIS Consideration in Review of Applications: In review of a Site and Architectural Review Permit, the Zoning Code (CMC Sec. 21.42.040) directs the Planning Commission to consider certain design and layout aspects of the proposal prior to rendering a decision, referenced to as "considerations". The following identifies these considerations and application consistency. A. Considerations relating to traffic safety, traffic congestion, site circulation, and parking: Traffic Congestion: The proposed project did not require a traffic study per the thresholds established by the VTA Congestion Management Program; therefore it will not have a discernable effect on traffic congestion in the area. Additionally, the project is exempt from Vehicles-Miles-Traveled (VMT) analysis as a "small project" per the City's VMT policy Traffic Safety and Site Circulation: The project site plan depicts the proposed seven townhome units configurated in a single structure, extending nearly the depth of the lot, situated perpendicularly to Union Avenue. The building is placed along the northerly side of the property adjacent to the neighboring apartment homes. On the opposite side, abutting the adjacent industrial property, a two-way driveway would provide vehicular access to each townhome's garage. Parking: The City's parking requirement for higher-density residential projects is 2½ resident stalls per unit plus ½ stall guest parking per unit. For a 7-unit project, this would require 18 resident stalls and 4 guest stalls, for a total requirement of 22 stalls. Under Density Bonus, the City cannot require more than 1 ½ stalls per 2/3-bedroom unit or more than 2 ½ stalls per 4- bedroom unit. The project includes six 2-bedroom units and one 4-bedroom unit, which results in a requirement of 12 stalls, which is satisfied by the project's 14 parking stalls. B. Considerations relating to landscaping: The project site will be landscaped in compliance with the State's Model Water Efficient Landscaping Ordinance (MWELO), including side, front, and rear landscaping. R-3 zoned properties are required to provide 20% of the property as landscaping. However, the project includes a waiver request to reduce the landscaping to 11% of the site (not including the rear yard open space areas). Given the minimal footprint of the townhome units, and the need to provide a two-way drive-aisle, a greater quantity of landscaping would hamper the project's feasibility by limiting the number of units that could be constructed on the property. Staff Report – Planning Commission Meeting of September 13, 2022 Page 5 of 11 PLN-2021-150 ~ 523 Union Avenue C. Considerations relating to structures and site layout: Structure Design: Each townhome unit would have a ground-level tandem garage with a small entry connected to the common driveway, with the exception of the unit nearest Union Avenue. This unit is designed as an accessible (ADA) dwelling that is wider to allow for a ground-floor bedroom and bathroom, with a direct walkway from the public sidewalk The project takes a traditional architectural approach that incorporates a predominate hipped roof running the course of the building, broken-up by small-hipped elements that form a covered roof for each unit's balcony. The balconies, as well the entryways, also serve to provide depth to the building by projecting beyond the building's primary wall. The building would be clad in Hardie textured panels painted in grey and white, with brown window frames, doors, and accent features. The fenestration is consistent across the building with a modest quantity of glazing, keeping with the traditional architectural approach. The overall result is generally consistent with the design expectations of the City's General Plan and compatible with the built environment of the residential neighborhoods along Union Avenue. Site Layout: The tentative subdivision map shows creation of seven private lots, corresponding to the configuration of the townhome units as depicted on the site plan. The shared driveway and rear and front common landscaping areas would all be located on a common parcel that would be managed by a homeowner's association (HOA), governed by a declaration of covenants, conditions and restrictions (CC&Rs). The map also shows easements for stormwater drainage, emergency access, and public utilities. Staff Report – Planning Commission Meeting of September 13, 2022 Page 6 of 11 PLN-2021-150 ~ 523 Union Avenue Findings for Approval: To grant a land use approval, the decision-making body must affirmatively establish that the project meets codified findings for approval. Findings establish the evidentiary basis for a City's decision to grant or deny a land use approval and to impose conditions of approval as necessary to establish the findings. The applicable findings depend upon the type of land use approval under revie. The following analysis identifies each of the applicable findings in italics and how the proposed project satisfies them. Site and Architectural Review Permit Findings: A. The project will be consistent with the general plan. The General Plan land use designation for the project site is High Density Residential (21-27 units/gr. acre). As described by the General Plan, this designation is intended to accommodate the City's highest density housing. Although development within this designation is more commonly expressed as apartment or condominium buildings, townhomes are possible at the lower end of the range. The project would result in a density of 23 units/gross acre, which is consistent with the prescribed density range. The proposed project may also be found consistent with the following General Plan polices and strategies. These policies reference the need to protect the integrity of established neighborhoods, quality site planning and design, and production of needed housing: Policy LUT-5.1: Neighborhood Integrity: Recognize that the City is composed of residential, industrial and commercial neighborhoods, each with its own individual character; and allow change consistent with reinforcing positive neighborhood values, while protecting the integrity of the city’s neighborhoods. Policy LUT-5.2: Residential Neighborhoods: Maintain safe, attractive, pedestrian friendly residential neighborhoods with identifiable centers and consistent development patterns and a range of public and private services. Strategy LUT-5.2a: Neighborhood Compatibility: Promote new residential development and substantial additions that are designed to maintain and support the existing character and development pattern of the surrounding neighborhood, especially in historic neighborhoods and neighborhoods with consistent design characteristics. Policy LUT-9.3: Design and Planning Compatibility: Promote high quality, creative design and site planning that is compatible with surrounding development, public spaces and natural resources. Strategy LUT-9.3e: Building Materials: Encourage the use of long-lasting, high quality building materials on all buildings to ensure the long-term quality of the built environment. Strategy LUT-12.1c: Parking Lot Design: Design parking lots to minimize impacts on the street system by providing adequate sized driveways, sufficient queuing and efficient circulation. Program H-5.2a: Implementation Objective: The City will continue to offer density bonus and/or regulatory incentives/concessions to facilitate the development of affordable and/or senior housing. The City will advertise its density bonus provisions on its website, explain how density bonuses work in tandem with inclusionary requirements, and promote in discussions with prospective development applicants. Staff Report – Planning Commission Meeting of September 13, 2022 Page 7 of 11 PLN-2021-150 ~ 523 Union Avenue B. The project will aid in the harmonious development of the immediate area. The perpendicular orientation of the townhome building places the side of the structure against Union Avenue, which could have a resulted in a poor street interface. However, the building incorporates an endcap element that provides a visual connection to the street. Moreover, this element, which is 2-stories tall, also serves to reduce the perceived height and scale of the 3-story townhome building, facilitating its harmonious integration in the neighborhood. C. The project is consistent with applicable adopted design guidelines, development agreement, overlay district, area plan, neighborhood plan, and specific plan(s). There are no design guidelines for residential buildings of this density range, nor is the project site subject to any area, neighborhood, or specific plan. Density Bonus Findings: A. The residential project is eligible for a density bonus and any concessions, incentives, waivers, modifications, or reduced parking standards requested; conforms to all standards for affordability included in this chapter; and includes a financing mechanism for all implementation and monitoring costs; and The project qualifies for a density bonus in that it: 1) creates at least five additional living units (not including any density bonus units)9, 2) included a request for a density bonus as part of the application, and 3) meets the criteria for a density bonus established by the City's Density Bonus Ordinance. Moreover, as conditioned, the developer will be required to enter into an Affordable Housing Agreement with the City that includes a financing mechanism for all implementation and monitoring costs. B. Any requested incentive or concession will result in identifiable, financially sufficient, and actual cost reductions based upon appropriate financial analysis and documentation if required by Section 21.20.110. Since Union Avenue is classified as "Class II Arterial" street, the Zoning Code requires that the existing overhead utility (transmission) lines along the property's frontage be replaced with underground service. As noted, the applicant has chosen to use the allowed one concession to eliminate this regulatory requirement in order to reduce the project's construction cost.10 Included as 'Exhibit B' of the applicant's Project Description is an analysis of the utility undergrounding that illustrates the challenges that it would present. 9 Pursuant to CMC Sec. 21.20.030.1.a which only counts units allowed by the general plan before a density bonus. 10 This concession is contingent on final approval by the Fire District to take aerial apparatus access from the private roadway rather than Union Avenue. Staff Report – Planning Commission Meeting of September 13, 2022 Page 8 of 11 PLN-2021-150 ~ 523 Union Avenue C. If the density bonus is based all or in part on dedication of land, the approval body has made the findings included in Government Code Section 65915(h); Not applicable. The proposed project is not proposing dedication of land. D. If the density bonus, incentive, or concession is based all or in part on the inclusion of a childcare facility, the approval body has made the finding included in Government Code Section 65915(i); Not applicable. The proposed project is not proposing a childcare facility. E. If the incentive or concession includes mixed use buildings or developments, the approval body has made the finding included in Section 21.20.110(4)(g); Not applicable. The proposed project is not proposing a mixed-use building. F. If a waiver or modification is requested, the applicant has shown that the waiver or modification is necessary to make the housing units economically feasible by providing appropriate financial analysis and documentation as described in Section 21.20.110(5), and that the development standards will have the effect of precluding the construction of the residential project at the densities or with the incentives or concessions permitted by this section. Current case law largely limits cities' ability to require applicants to demonstrate that that proposed waivers and concessions/incentives are necessary to allow a project to be physically developed or to achieve an actual cost reduction, respectively. However, consistent with the implementation objective of General Plan Housing Element Program H-5.2a (Density Bonus), staff has worked closely with the applicant to identify the use of the Density Bonus to facilitate the feasible construction of this project. As such, in staff's assessment, the proposes waivers and concession are appropriate and in furtherance of the City's housing goals. Tentative Subdivision Map Findings: The Subdivision Map Act provides the following findings for consideration of a tentative map: A. That the proposed map is consistent with applicable general and specific plans as specified in Section 65451. As previously noted, the proposed project is within the allowable density range of the High Density Residential (21-27 units/gr. acre) General Plan land use designation by achieving a density of 23 units/gr. acre. Moreover, the project is not subject to a specific plan (or area or neighborhood plan). B. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. The General Plan does not provide any specific guidance as the design and/or improvements of a new subdivision, other than requiring conformance with the City's Subdivision Code and the Subdivision Map Act. With approval of the request Density Bonus waivers, the proposed project would be in conformance with the City's Subdivision Code and the Subdivision Map Act, and by extension, the General Plan. Staff Report – Planning Commission Meeting of September 13, 2022 Page 9 of 11 PLN-2021-150 ~ 523 Union Avenue C. That the site is physically suitable for the type of development. The project site is relatively flat requiring minimal grading to accommodate the proposed townhome and can be adequately served by all required utilities necessary for residential use of the property. D. That the site is physically suitable for the proposed density of development. The project site can physically accommodate the proposed seven townhome units, in that the unit would include adequate living area and necessary parking facilities. E. That the design of the subdivision or the propose improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The site has no value as habitat for endangered, rare, or threatened species (i.e., wetland), the project will not result in any significant effects related to traffic, noise, or air/water quality, as conditioned. F. The design of the subdivision or the type of improvements will not cause serious public health problems. The construction of a 7-unit townhome development has no ability to result in any public health impacts in that the residential use would not result in the release or distribution of any hazardous substances, emissions, or waste. G. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision or that alternative easements for access will be provided, and that these will be substantially equivalent to ones previously acquired by the public. As conditions of approval, the City shall secure all easements and land dedications necessary to serve the property. The project will not conflict with easements acquired by the public at large nor shall it diminish any easements that may exist that have been acquired by the public at large for access through or for use of the property within the proposed subdivision. Tree Removal Permit Findings: The City’s Tree Protection Regulations (CMC 21.32) provide five findings for consideration when reviewing a Tree Removal Permit. The permit may be granted when one or more one of the findings are satisfied. In consideration of the project, the following finding may be satisfied: 5. Economic enjoyment and hardship. The retention of the tree(s) restricts the economic enjoyment of the property or creates an unusual hardship for the property owner by severely limiting the use of the property in a manner not typically experienced by owners of similarly zoned and situated properties, and the applicant has demonstrated to the satisfaction of the approval authority that there are no reasonable alternatives to preserve the tree(s). A minor reduction of the potential number of residential units or building size due to the tree location does not represent a severe limit of the economic enjoyment of the property. Staff Report – Planning Commission Meeting of September 13, 2022 Page 10 of 11 PLN-2021-150 ~ 523 Union Avenue The project includes a Tree Removal Permit request to allow removal of a tree that nearly straddles the rear property line and heavily encroaches into the project site. The townhome structure would be located just 5-feet away from the tree trunk and well within its critical root zone such that it would not likely survive construction. As such, its retention would limit the economic viability of the project by hindering its construction feasibility. For reference, the applicant submitted an arborist report that identifies the tree in poor condition (reference Attachment 5). Site and Architectural Review Committee: The Site and Architectural Review Committee (SARC) reviewed this application at its meeting of August 9, 2022  Asked about the general livability of the units, with regards to size, bedroom count, washer/dryer, and storage. Staff Response: During the SARC meeting, staff and the applicant confirmed that the project's unit size and bedroom count and noted that the units will have a stacked washer/dryer and under-stairway storage.  Asked if the project will include solar panels. Staff Response: Yes, the project will include a rooftop solar system.  Asked if there was any way to screen the tall building wall located to the south. Staff Response: Unfortunately, the wall of the adjacent building cannot be reasonably screened. However, the applicant has agreed to contact the adjacent property owner to discuss planting of climbing vines along the wall. Public Comment: No public comment has been received on this application. Attachments: 1. Draft Resolution 2. Project Plans 3. PC Study Session Memorandum, dated 12/08/2022 4. Project Description and Affordable Housing Plan a. Development Standards Compliance and Concession/Waiver Density Bonus Analysis b. Examination of Proposed Undergrounding of Overhead Utilities 5. Arborist Report Staff Report – Planning Commission Meeting of September 13, 2022 Page 11 of 11 PLN-2021-150 ~ 523 Union Avenue Prepared by: Daniel Fama, Senior Planner Approved by: Rob Eastwood, Community Development Director RESOLUTION NO. 465_ BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A SITE AND ARCHITECTURAL REVIEW PERMIT TO ALLOW CONSTRUCTION OF A 7-UNIT TOWNHOME BUILDING WITH ASSOCIATED SITE, LIGHTING, PARKING, AND LANDSCAPING IMPROVEMENTS; A TENTATIVE SUBDIVISION MAP TO ALLOW CREATION OF 7 PRIVATE LOTS AND ONE COMMON LOT; AND A DENSITY BONUS REQUEST TO ALLOW FOR WAIVER AND/OR REDUCTION TO THE DEVELOPMENT STANDARDS APPLICABLE TO THE R-3 ZONING DISTRICT THAT WOULD PHYSICALLY PRECLUDE CONSTRUCTION OF THE PROJECT, A CONCESSION TO ELIMINATE THE FRONTAGE UTILITY UNDERGROUNDING REQUIREMENT, USE OF THE MAXIMUM VEHICULAR PARKING RATIO, AND PROVISION OF ONE (1) TOWNHOUSE UNIT THAT WILL BE RESTRICTED FOR SALE TO A MODERATE-INCOME HOUSEHOLD, FOR PROPERTY LOCATED AT 523 UNION AVENUE; AND A TREE REMOVAL PERMIT TO ALLOW REMOVAL OF AN 18-INCH (DBH) COAST LIVE OAK TREE STRADDLING THE PROPERTY LINE WITH 805 E. MCGLINCY LANE. FILE NO.: PLN-2022-177 After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. The Planning Commission finds as follows with regard to the approval of Site and Architectural Review Permit with a Density Bonus, Tentative Subdivision Map, and Tree Removal Permit: Environmental Finding(s) 1. The project may be found Categorically Exempt under Section 15332 of the California Environmental Quality Act (CEQA), pertaining to In-Fill Development Projects which are found consistent with all applicable general plan policies, zoning regulations, are under five acres in size, and substantially surrounded by urban uses. Further, the project qualifies for the exemption on the basis the site has no value as habitat for endangered, rare, or threatened species (i.e., wetland), the project will not result in any significant effects related to traffic, noise, or air/water quality, and can be adequately served by all required utilities and public services. 2. There are currently no rare, threatened, endangered or sensitive animals, plants, or natural communities within City limits according to City of Campbell General Plan and California Department of Fish and Wildlife Natural Diversity Database. 3. The Project Site is not a wetland or otherwise known to serve as a habitat for endangered, threatened or species and is in located within a very urbanized environment which is not likely to have an unrecorded species. Planning Commission Resolution No. 465_ Page 2 of 7 PLN-2022-177 – Site and Architectural Review Permit w/a Density Bonus 523 Union Avenue Evidentiary Findings 1. The Proposed Project is an application (PLN-2021-177) for a Site and Architectural Review Permit with a Density Bonus, Tentative Subdivision Map, and Tree Removal Permit to allow construction of a 7-unit townhome development with associated site, parking, and landscaping improvements; creation of 7 private lots and one common lot; and removal of an 18-inch (DBH) Coast Live Oak tree straddling the rear property line. The project will provide one (1) townhouse unit that will be restricted for sale to a moderate-income household pursuant to State Density Bonus law, as to allow for waiver and/or reduction to the development standards applicable to the R-3 Zoning District that would physically preclude construction of the project; a concession to eliminate the frontage utility undergrounding requirement; and use of the maximum vehicular parking ratio. 2. The Project Site is an approximately 11,000 square-foot (net) parcel (13,301 gross square-feet) located on Union Avenue, north of McGlincy Lane, and is borders industrial uses to south and west, and two apartment buildings to the north located along West Valley Drive. 3. The Project Site is designated High Density Residential (21-27 units/gr. acre) and zoned R-3 (Professional Office), as shown on the Campbell General Plan and Zoning Maps, respectively. 4. The Project Site is currently developed with a single-family residence constructed circa 1952 that would be demolished with the project. The submitted Project Description and Affordable Housing Plan, incorporated herein by reference, stipulates that the residence is not subject to a recorded affordable housing covenant or previously occupied by a lower or very low-income household. 5. The Proposed Project's seven units would result in a density of 23 units/gr. acre (7 units ÷ .305 acres), consistent with the density range of the High Density Residential (21-27 units/gr. acre) designation. Although seven units exceeds the allowable five units otherwise specified by CMC Sec. 21.08.070.E., Table 2-7 (General Development Standards – R-3 Zoning District), pursuant to California Government Code § 65589.5, in cases where the general plan and zoning ordinance do not match, a project is only required to comply with the general plan. 6. The Proposed Project includes a request for a Density Bonus as permitted by Campbell Municipal Code (CMC) Chapter 21.20 and California Government Code Sections 65915-65918 that would allow waivers to would reduce or eliminate the minimum parcel size, minimum parcel width, minimum public frontage, front/side/rear setbacks, maximum floor area ratio, maximum lot coverage, and the minimum quantity of landscaping required for projects in the R-3 (Multiple-Family Residential) Zoning District; a concession to eliminate the City's frontage undergrounding requirement to allow retention of the existing overhead utility lines as to provide provide a significant cost reduction to the project; and a use of the maximum Density Bonus parking ratio. No increased density ("bonus") is requested. Planning Commission Resolution No. 465_ Page 3 of 7 PLN-2022-177 – Site and Architectural Review Permit w/a Density Bonus 523 Union Avenue 7. As conditioned, and with applicant agreement, the requested concession to allow retention of the existing overhead utility lines is contingent upon the County Fire District no longer requiring aerial access from Union Avenue. 8. The Proposed Project is not subject to the provisions CMC Chapter 21.24 (Inclusionary Housing Ordinance) in that it has fewer than 10 housing units. 9. The Proposed Project qualifies for a density bonus in that it creates at least five additional living units (not including density bonus units), included a request for a density bonus as part of the application for the first approval of the residential project, and meets the criteria for a density bonus established in CMC Sec. 21.20.080. 10. The Proposed Project is a "housing development" under State law, which limits the City in its capability to "deny, reduce the density for, or render infeasible" the project under the Housing Accountability Act (HAA) (Government Code Section 65589.5) unless: 1) the proposal is found to be in violation of an objective general plan/zoning standard (other than those waived/reduced through use of the Density Bonus law); or 2) the project will result in a specific adverse impact to public health and safety. 11. The Proposed Project includes a traditional architectural approach that incorporates a predominate hipped roof running the course of the building, broken-up by small-hipped elements that form a covered roof for each unit's balcony. The building would be clad in Hardie textured panels painted in grey and white, with brown window frames, doors, and accent features. 12. There are no design guidelines or standards applicable to the Proposed Project. 13. Based on trip generation values provided by the Institute of Transportation Engineers (ITE) Trip Generation Manual, the Proposed Project would result in less than 100 new AM or PM trips, therefore not requiring preparation of a traffic impact analysis pursuant to the Congestion Management Program, as specified by the VTA Transportation Impact Analysis (TIA) Guidelines. 14. The proposed Tentative Subdivision Map will allow creation of privately held parcels for fee title ownership as well as a common parcel to be improved with a private roadway, open space, and landscaping. 15. As a condition of approval, the applicant shall record Covenants, Codes and Restrictions (CC&R’s) for the Proposed Project, forming a Homeowner's Association (HOA) and formalizing the operational responsibilities of the HOA. 16. The Proposed Project requires removal of a tree that nearly straddles the rear property line and heavily encroaches into the project site. The townhome structure would be located just 5-feet away from the tree trunk and well within its critical root zone such that it would not likely survive construction. As such, its retention would limit the economic viability of the project by hindering its construction feasibility. The proposed replacement trees will be a sufficient replacement for the tree to be removed and will continue the diversity of tree species found in the community. Planning Commission Resolution No. 465_ Page 4 of 7 PLN-2022-177 – Site and Architectural Review Permit w/a Density Bonus 523 Union Avenue 17. The Proposed Project would be consistent with the following General Plan policies and strategies: Policy LUT-5.1: Neighborhood Integrity: Recognize that the City is composed of residential, industrial and commercial neighborhoods, each with its own individual character; and allow change consistent with reinforcing positive neighborhood values, while protecting the integrity of the city’s neighborhoods. Policy LUT-5.2: Residential Neighborhoods: Maintain safe, attractive, pedestrian friendly residential neighborhoods with identifiable centers and consistent development patterns and a range of public and private services. Strategy LUT-5.2a: Neighborhood Compatibility: Promote new residential development and substantial additions that are designed to maintain and support the existing character and development pattern of the surrounding neighborhood, especially in historic neighborhoods and neighborhoods with consistent design characteristics. Policy LUT-9.3: Design and Planning Compatibility: Promote high quality, creative design and site planning that is compatible with surrounding development, public spaces and natural resources. Strategy LUT-9.3e: Building Materials: Encourage the use of long-lasting, high quality building materials on all buildings to ensure the long-term quality of the built environment. Strategy LUT-12.1c: Parking Lot Design: Design parking lots to minimize impacts on the street system by providing adequate sized driveways, sufficient queuing and efficient circulation. Program H-5.2a: Implementation Objective: The City will continue to offer density bonus and/or regulatory incentives/concessions to facilitate the development of affordable and/or senior housing. The City will advertise its density bonus provisions on its website, explain how density bonuses work in tandem with inclusionary requirements, and promote in discussions with prospective development applicants. 18. The Proposed Project incorporates a requirement for off-site public improvements including dedication of right-of-way for public street purposes and installation of City standard curb, gutter, sidewalk, driveways, street tree(s), and street light(s). 19. In review of the Proposed Project, the Planning Commission considered traffic safety, traffic congestion, site circulation, adequacy of landscaping, and the appropriateness of proposed structures and site layout, pursuant to Campbell Municipal Code Sec. 21.42.040 (Considerations in review of applications). 20. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. 21. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. Planning Commission Resolution No. 465_ Page 5 of 7 PLN-2022-177 – Site and Architectural Review Permit w/a Density Bonus 523 Union Avenue 22. No substantial evidence has been presented which shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: Site and Architectural Review Permit Finding (CMC Sec. 21.42.060.B): 1. The project will be consistent with the general plan; 2. The project will aid in the harmonious development of the immediate area; 3. The project is consistent with applicable adopted design guidelines, development agreement, overlay district, area plan, neighborhood plan, and specific plan(s); Density Bonus Findings (CMC Sec. 21.20.140.2): 4. The residential project is eligible for a density bonus and any concessions, incentives, waivers, modifications, or reduced parking standards requested; conforms to all standards for affordability included in this chapter; and includes a financing mechanism for all implementation and monitoring costs; 5. The requested concession will result in identifiable, financially sufficient, and actual cost reductions based upon appropriate financial analysis and documentation if required by Section 21.20.110; 6. The applicant has shown that the waivers and/or modifications are necessary to make the housing units economically feasible by providing appropriate financial analysis and documentation as described in Section 21.20.110(5), and that the development standards will have the effect of precluding the construction of the residential project at the densities or with the incentives or concessions permitted by this section; Tentative Subdivision Map Findings (Govt. Code § 66410 et seq.): 7. The proposed map is consistent with applicable general and specific plans as specified in Section 65451; 8. The design or improvement of the proposed subdivision is consistent with applicable general and specific plans; 9. The site is physically suitable for the type of development; 10. The site is physically suitable for the proposed density of development; 11. The design of the subdivision or the propose improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat; Planning Commission Resolution No. 465_ Page 6 of 7 PLN-2022-177 – Site and Architectural Review Permit w/a Density Bonus 523 Union Avenue 12. The design of the subdivision or the type of improvements will not cause serious public health problems; 13. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision or that alternative easements for access will be provided, and that these will be substantially equivalent to ones previously acquired by the public; Tree Removal Permit Finding(s) (CMC Sec. 21.32.080.A): 14. Economic enjoyment and hardship. The retention of the tree(s) restricts the economic enjoyment of the property or creates an unusual hardship for the property owner by severely limiting the use of the property in a manner not typically experienced by owners of similarly zoned and situated properties, and the applicant has demonstrated to the satisfaction of the approval authority that there are no reasonable alternatives to preserve the tree(s); Environmental Findings (CMC Sec. 21.38.050): 15. The project is Categorically Exempt under Section 15332 of the California Environmental Quality Act (CEQA), pertaining to In-Fill Development Projects; and 16. There are no unusual circumstances that would prevent the project from qualifying as Categorically Exempt per Section 15300.2 of the CEQA Guidelines. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Site and Architectural Review Permit with a Density Bonus, and a Tentative Subdivision Map, to allow construction of a 7-unit townhome development and creation of 7 private lots and one common lot, on property located at 523 Union Avenue; and a Tree Removal Permit to allow removal of an 18-inch (DBH) Coast Live Oak tree straddling the property line with 805 E. McGlincy Lane; and finding that the project is Categorically Exempt under Section 15332 of the California Environmental Quality Act (CEQA), pertaining to In-Fill Development Projects, subject to the attached Conditions of Approval (attached Exhibit A). PASSED AND ADOPTED this 13th day of September, 2022, by the following roll call vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: APPROVED: Stuart Ching, Chair ATTEST: Rob Eastwood, Secretary EXHIBIT A CONDITIONS OF APPROVAL PLN-2022-177 Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. COMMUNITY DEVELOPMENT DEPARTMENT Planning Division 1. Approved Project: Approval is granted for a Site and Architectural Review Permit with a Density Bonus, and a Tentative Subdivision Map, to allow construction of a 7-unit townhome development and creation of 7 private lots and one common lot, on property located at 523 Union Avenue; and a Tree Removal Permit to allow removal of an 18-inch (DBH) Coast Live Oak tree straddling the property line with 805 E. McGlincy Lane. The Approved Project shall substantially conform to the Approved Project Plans and Project Description and Affordable Housing Plan, included as Attachment No. 2 and No. 4, respectively, in the September 13, 2022, Planning Commission Staff Report, except as may be modified by conditions of approval contained herein. 2. Permit Expiration: Approval of the Site and Architectural Review Permit with a Density Bonus, a Tentative Subdivision Map, and a Tree Removal Permit (heron "Approval") shall be valid for two (2) years from the effective date of Planning Commission action (expiring September 23, 2024). Within this two-year period the Tract Map ("final map") must be approved by the City Council and recorded with the Santa Clara County Clerk-Recorder, and a building permit must be issued. Failure to meet this deadline or expiration of an issued building permit will result in the Approval being rendered void. 3. Perpetual Development Standards: Should this Approval expire due to failure to secure issuance of a building permit (or expiration of an issued building permit) after the Tract Map has been recorded, any future development shall substantially comply with the Approved Project Plans, which shall constitute the objective design standards for the recorded subdivision. 4. Density Bonus Concession: The requested concession to allow the existing overhead utility lines to remain is contingent upon the County Fire District no longer requiring aerial access from Union Avenue. If the Fire District continues to require aerial access, the project shall be required to replace the existing overhead transmission lines across the property’s frontage with underground service. 5. Planning Final Required: Planning Division clearance is required prior to Building Permit final. Construction not in substantial compliance with the Approved Project Plans shall not be pass inspection without prior authorization of the necessary approving body (i.e., Planning Commission or Community Development Director). Exhibit A – Conditions of Approval ~ 523 Union Avenue Page 2 PLN-2022-177 – S/A Review Permit w/Density Bonus and Tentative Map 6. Timely Completion: Once under construction it shall be the obligation of the property owner and contractor to demonstrate continued progress on the project. In the event the building permit expires, the City may impose fines or exercise administrative remedies to compel timely completion of work. 7. Minor Revisions: Architectural refinements and other minor revisions to the Approved Project Plans, including those that may be necessary to satisfy the Fire District requirements pertaining to aerial access referenced in Condition of Approval No. 4, may be administratively approved by the Community Development Director pursuant to CMC Sec. 21.56.060. 8. Utility Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to installation of the underground PG&E utility (transformer) boxes and San Jose Water Company back-flow preventers, indicating the location of the boxes for approval by the Community Development Director. The transformer shall be screened with landscaping and/or artistically painted. 9. Signage: All signage shall require separate approval of a Sign Permit in compliance with Campbell Municipal Code (CMC) 21.30.080.A. 10. Timing of Tree Removal: Protected tree(s) shall be removed only in conjunction with demolition of existing on-site structures upon issuance of a Demolition Permit. 11. Developer Affordable Housing Agreement: The applicant shall enter into a "Developer and Affordable Housing Agreement" (hereinafter "Agreement") in compliance with the provisions of Campbell Municipal Code (CMC) Section 21.20.150 (Developer Affordable Housing Agreement). a. The Agreement shall designate Lot No. 6 as the one (1) Density Bonus "target unit,” for the Approved Project, consistent with the Project Description and Affordable Housing Plan referenced in Condition of Approval No. 1. Only the Planning Commission may modify the Density Bonus "Target Unit" selection through a modification of this Condition of Approval. b. The one (1) Density Bonus "target unit" shall be constructed with two bedrooms. No developer option to reduce or increase the number of bedrooms shall be permitted. However, this restriction shall not be construed as to limit the ability of the homebuyer to reduce or increase the number of bedrooms subsequent to purchase. c. The one (1) Density Bonus "target unit" shall be offered for sale at an ownership cost affordable to a moderate-income income household. d. An Equity Sharing Agreement and/or other similar document, to the satisfaction of the Community Development Director, shall be required for the Density Bonus "target unit" and shall remain in effect for a fifty-five (55)-year period from the date that a certificate of occupancy is issued for the Density Bonus "target unit". The Equity Sharing Agreement shall require participation in an Annual Certification provided by the City through its Housing Administrator. Exhibit A – Conditions of Approval ~ 523 Union Avenue Page 3 PLN-2022-177 – S/A Review Permit w/Density Bonus and Tentative Map e. The Agreement shall be executed and recorded prior to recordation of the Tract Map. f. The owner(s) and resident(s) of the Density Bonus "target unit" shall have the same access to project amenities and recreational facilities as market-rate units. g. The Density Bonus "target unit" shall be comparable to the design of the market-rate units in terms of appearance, materials and finished quality of the market-rate units in the project. There shall not be significant identifiable differences between the "target unit" and market-rate units which are visible from the exterior of the dwelling units. Further, if air conditioning is provided for the market-rate units, all affordable units shall also be provided with air conditioning. h. The City will maintain, through its Housing Administrator, a list of Eligible Households, and Owner agrees that buyers or renters will be selected from this list. The Housing Administrator, with approval from the City, will finalize the eligibility determination and refer Eligible Households to Owner to enter lease or sales contract. i. Owners, Buyers, and Applicants shall be responsible to pay fees in accordance with the BMR (Below Market Rate) Administrator Fee Schedule available online as follows: https://www.ci.campbell.ca.us/1079/Assembly-Bill-AB-1483 j. All Housing Units shall be priced according to the ‘Methodology for Determining Maximum Affordable Homeownership Unit Sales Price’ available online as follows: https://www.ci.campbell.ca.us/1079/Assembly-Bill-AB-1483 k. The Housing Agreement shall be approved by the Community Development Director and shall be recorded in the Official Records of Santa Clara County. l. The applicant shall renumerate the City for the actual cost to prepare the Housing Agreement. 12. Covenants, Codes and Restrictions (CC&R’s): Prior recordation of the Tract Map, the applicant shall submit for review and approval by the City a copy of the draft CC&R’s which shall include the following provisions. The draft CC&R's shall be accompanied with a response letter that indicates where in the CC&R's each of the following provisions has been addressed. The applicant shall remunerate the City for the full cost incurred by the City to review the draft CC&R's. a. Formation of a Homeowner’s Association (HOA) to ensure the long-term maintenance of buildings and property. b. Continued architectural controls to ensure the architectural integrity of the project consistent with the Approved Project Plans. c. Definition of common areas to be maintained and provision of maintenance for these areas. d. Provision which shall define the rights of use, allowable landscape or open space improvements. e. Provision of a funding mechanism to ensure maintenance and upkeep of common areas. Exhibit A – Conditions of Approval ~ 523 Union Avenue Page 4 PLN-2022-177 – S/A Review Permit w/Density Bonus and Tentative Map f. Provision that all landscaping—including private landscaping located in front, side, and rear yards—shall be maintained in compliance with the Model Water Efficient Landscape Ordinance (MWELO) Landscape Documentation Package. g. Provision to provide ongoing maintenance of the required private roadways, landscaping, and etc. h. Provision of liability insurance in amount in keeping with accepted industry standards covering all common areas and all damage or injury caused by negligence of the HOA, its board or any of its agents, or the Owners, against any liability to the public or to any Owner incident to the use of or resulting from any accident or intentional or unintentional act of an Owner or third-party occurring in or about any common area. i. Provision that requires ongoing maintenance of the landscaped park strip and tree wells in the public right of way. This includes, but is not limited to: trees, lawn, plantings, irrigation, etc. Trees shall not be pruned in a manner that would not allow the tree to grow to a mature height. j. Provision for regular monitoring and maintenance of the stormwater system, in accordance with the manufacturer’s recommendations, including the permeable pavement system. k. Provision for regular monitoring and maintenance of the private sanitary system as prescribed by the engineer of record. l. Provision for the availability of interior garage space for the parking of vehicles at all times. m. Provision to prohibit the use of outside parking spaces for storage purposes, including boats, trailers, and recreational vehicles. n. Provision to prohibit vehicle washing, and vehicle repair and maintenance activities in the project site, including, but not limited to garages and common parking areas. o. Provision guaranteeing equal access to all common facilities and amenities by all residents (renters and homeowners) of the project. 13. Landscaping: This project is subject to the updated California Model Water Efficient Landscape Ordinance (MWELO). This document is available at: http://www.cityofcampbell.com/DocumentCenter/View/176. The building permit application submittal shall demonstrate compliance with the applicable MWELO and landscaping requirements and the City's Streetscape Standards, and shall include the following: a. A Landscape Documentation Package prepared by an authorized and licensed professional demonstrating compliance with the full MWELO requirements with the following required elements: 1) Project Information per Section 492.3. 2) Water Efficient Landscape Worksheet per Section 492.4 (Appendix B of the MWELO). i. Include the worksheet within the plan set AND ii. Provide a separate 8.5x11 hard copy or pdf via email to the project planner. Exhibit A – Conditions of Approval ~ 523 Union Avenue Page 5 PLN-2022-177 – S/A Review Permit w/Density Bonus and Tentative Map 3) Soil Management Report per Section 492.5 (unless significant mass grading is planned, in which case the report shall be submitted prior to permit final). 4) Landscape Design Plan per Section 492.6. 5) Irrigation Design Plan per Section 492.7. 6) Grading Design Plan per Section 492.8. Note that a Soil Management Report (if not submitted as part of the Landscape Documentation Package) and Certificate of Completion will be required prior to permit final. b. A completed Landscape Information Form. c. A note on the Cover Sheet in minimum 1/2” high lettering stating “Planning Final Required. Landscaping indicated on the plans must be installed prior to final inspection. Changes to the landscaping plan require Planning approval.” 14. Construction Activities: The applicant shall abide by the following requirements during construction: A. General City Requirements: Construction activity shall comply with these general City construction requirements: a. The project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street prior to the issuance of building permits. b. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00 p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take place on Sundays or holidays unless an exception is granted by the Building Official. c. All construction equipment with internal combustion engines used on the project site shall be properly muffled and maintained in good working condition. d. Unnecessary idling of internal combustion engines shall be strictly prohibited. e. All stationary noise-generating construction equipment, such as air compressors and portable power generators, shall be located as far as possible from noise-sensitive receptors such as existing residences and businesses. B. Noise Attenuation Measures: Due to the proximity of adjacent residences, the following noise attenuation measures shall be implemented: a. All construction equipment shall be properly maintained in good working order. b. Prior to construction activities, designate a “Construction Noise Coordinator” who would be responsible for responding to any local complaints about construction noise. The Construction Noise Coordinator shall determine the cause of the complaint and shall require that reasonable measures warranted to correct the problem be implemented (potentially including Exhibit A – Conditions of Approval ~ 523 Union Avenue Page 6 PLN-2022-177 – S/A Review Permit w/Density Bonus and Tentative Map temporary noise barriers). The telephone number for the Construction Noise Coordinator shall be conspicuously posted at the construction site. c. The construction contractor shall provide, at least three weeks prior to the start of construction activities, written notification to all nearby residential units within 200 feet of the construction site informing them of the estimated start date and duration of construction activities. d. Locate temporary generators and air compressors (if utilized) as far away from sensitive noise receptors as necessary to reduce noise. C. BAAQMD Required Fugitive Dust Control Measures: The applicant shall require their construction contractors to reduce construction-related fugitive dust by implementing BAAQMD’s basic control measures at all construction and staging areas, including: a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. b. All haul trucks transporting soil, sand, or other loose material off site shall be covered. c. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. d. All vehicle speeds on unpaved roads shall be limited to 15 miles per hour. e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. f. A publicly visible sign shall be posted with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action with 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations. D. BAAQMD Required Basic Exhaust Emissions Reduction Measures. The applicant shall require their construction contractors to implement the following measures during construction to reduce exhaust emissions: a. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations). Clear signage shall be provided for construction workers at all access points. b. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. 15. On-Site Lighting: On-site lighting shall be shielded away from adjacent properties and directed on-site. The final design and type of lighting fixtures and lighting intensity of any proposed exterior lighting for the project shall be reviewed and approved by the Exhibit A – Conditions of Approval ~ 523 Union Avenue Page 7 PLN-2022-177 – S/A Review Permit w/Density Bonus and Tentative Map Community Development Director for compliance with the City of Campbell Lighting Design Standards (CMC Sec. 21.18.090) and shall not exceed one (1) footcandle at property line, as demonstrated by a photometric plan. Lighting fixtures shall be of a decorative design to be compatible with the residential development and shall incorporate energy saving features. Building Division 16. Permit Required: A building permit application shall be required for the proposed project. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 17. Conditions of Approval: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 18. Construction Fencing: The property shall be properly enclosed with construction fencing to prevent unauthorized access to the site during construction. The construction site shall be secured to prevent vandalism and/or theft during hours when no work is being done. All protected trees shall be fenced to prevent damage to root systems in compliance with the Standards for Tree Protection During Construction. PUBLIC WORKS DEPARTMENT 19. Construction Drawings: The applicant shall submit the following permit applications prior to, or concurrent with the main Building permit application: a. Encroachment Permit for Street Improvement Plans: The frontage improvements for the project shall be shown on a separate street improvement plan as detailed here: https://www.campbellca.gov/187/Street- Improvements b. Building Permit for On-Site / Grading & Drainage Plans: The on-site grading, drainage, stormwater, landscaping, ADA and site improvements for the project shall be shown on a separate building permit plan as detailed here: https://www.campbellca.gov/DocumentCenter/View/16594 c. Street / Easement Dedication: The street / easement dedication documents required for this project shall be submitted for review by the City Surveyor as detailed here: https://www.campbellca.gov/DocumentCenter/View/430 20. Final (Tract) Map: Prior to issuance of any grading or building permits for the project, the applicant shall submit a Final Map for review by the City, pay the current fees/deposits and submit the map in a digital format acceptable to the City. Upon approval by the City Council, the applicant will be responsible for having their Title Company record the approved map. 21. Preliminary Title Report: Upon submittal of the Street Dedication documents, the applicant shall provide a current (within the past 6 months) Preliminary Title Report. Exhibit A – Conditions of Approval ~ 523 Union Avenue Page 8 PLN-2022-177 – S/A Review Permit w/Density Bonus and Tentative Map 22. Public Service Easements: Upon recordation of the Final Map, the applicant shall grant a five foot public service easement on private property contiguous with the public right-of way along the Union Avenue frontage, unless otherwise approved by the City Engineer. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City’s review and recordation. 23. Private Easements: Upon recordation of the Final Map, the applicant shall cause private easements to be recorded for private utilities, private storm drainage, reciprocal ingress and egress, emergency vehicles, etc. 24. Monumentation for Final Map: Prior to recordation of the Final Map, the applicant shall provide a cash deposit for setting all monuments shown on the map. Monuments shall be set per section 20.76.010 of the Campbell Municipal Code including but not limited to setting permanent pipe monuments (three-fourths inch galvanized steel pipe two feet long approximately six inches below finished grade) at each boundary of all lot corners within a subdivision, along the exterior boundary lines at intervals of approximately five hundred feet and at all beginning of curves and ending of curves on property lines, and monument boxes at intersections of all street monument line tangents. 25. Park Impact Fee: A fee in-lieu of parkland dedication pursuant to Campbell Municipal Code (CMC) Chapter 20.24 (Park Impact Fees and Park Land Dedication Subdivisions) is required. The in-lieu fee shall be equal to the fee for seven (7) new dwelling units based on the Single-family rate, less credit for one (1) existing single-family dwelling at the Single- family rate. The fee in effect at the time of payment, as established by the City's Schedule of Fees, shall be the fee due. The fee shall be due to prior to recordation of the Final Map. 26. Demolition: Prior to recording of the Final Map the applicant shall obtain a demolition permit and remove any nonconforming structures. 27. Soils Report: Upon submittal of the Final Map, applicant shall provide a soils report prepared by a registered geotechnical or civil engineer. 28. Grading and Drainage Plan: Prior to issuance of any grading or building permits for the site, the applicant shall conduct hydrology studies based on a ten-year storm frequency, prepare an engineered grading and drainage plan, and pay fees required to obtain necessary grading permits. Prior to occupancy, the design engineer shall provide written certification that the development has been built per the engineered grading and drainage plans. 29. Storm Drain Area Fee: Prior to recordation of the Final Map, the applicant shall pay the required Storm Drain Area fee, currently set at $2,385.00 per net acre, which is $598.64. 30. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Exhibit A – Conditions of Approval ~ 523 Union Avenue Page 9 PLN-2022-177 – S/A Review Permit w/Density Bonus and Tentative Map Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding stormwater pollution prevention. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay. Resources to achieve these objectives include Stormwater Best Management Practices Handbook for New Development and Redevelopment (“CA BMP Handbook”) by the California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for Stormwater Quality Protection (“Start at the Source”) by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for Stormwater Quality: A Companion Document to Start at the Source (“Using Site Design Techniques”) by BASMAA, 2003. 31. Utilities: All on-site utilities shall be installed underground per Section 21.18.140 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. 32. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer cleanout(s) shall be relocated or installed on private property behind the public right-of-way line. 33. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities. The plan shall clearly show the location and size of all existing utilities and the associated main lines; indicate which utilities and services are to remain; which utilities and services are to be abandoned, and where new utilities and services will be installed. Joint trenches for new utilities shall be used whenever possible. 34. Pavement Restoration: The applicant shall restore the pavement in compliance with City standard requirements. In the event that the roadway has recently received a pavement treatment or reconstruction, the project will be subject to the City’s Street Cut Moratorium. The applicant will be required to perform enhanced pavement restoration consistent with the restoration requirements associated with the Street Cut Moratorium. The City’s Pavement Maintenance Program website (https://www.ci.campbell.ca.us/219) has detailed information on the streets currently under moratorium and the enhanced restoration requirements. 35. Street Improvement Agreements / Plans / Encroachment Permit / Fees / Deposits: Prior to issuance of any grading or building permits for the site, the applicant shall execute a street improvement agreement, cause plans for public street improvements to be prepared by a registered civil engineer, pay various fees and deposits, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City Engineer. The plans shall include the following, unless otherwise approved by the City Engineer: Exhibit A – Conditions of Approval ~ 523 Union Avenue Page 10 PLN-2022-177 – S/A Review Permit w/Density Bonus and Tentative Map a. Show location of all existing utilities within the new and existing public right of way. b. Relocation of all existing utilities including utility boxes, covers, poles, etc. outside of sidewalk area. No utility boxes, covers, etc. will be allowed in the sidewalk area. c. Removal of existing driveway approaches and all existing curb, gutter and sidewalk. d. Installation of City approved street trees, tree wells and irrigation at 30 feet on center. e. Installation of City standard curb, gutter, sidewalk and an ADA compliant driveway approach. f. Installation of a City standard storm drain manhole and lateral. Maintenance of new storm drain lateral will be the responsibility of the HOA. g. Installation of asphalt concrete overlay on Union Avenue as required by the City Engineer. h. Installation of streetlights, conduits, conductors and related facilities in accordance with the City of Campbell’s Street Lighting Policies. i. Installation of traffic control, stripes and signs. j. Construction of conforms to existing public and private improvements, as necessary. k. Submit final plans in a digital format acceptable to the City. 36. Street Improvements Completed for Occupancy and Building Permit Final: Prior to allowing occupancy and/or final building permit signoff for any and/or all buildings, the applicant shall have the required street improvements and pavement restoration installed and accepted by the City, and the design engineer shall submit as-built drawings to the City. 37. Maintenance of Landscaping: Owner(s), current and future, are required to maintain the landscaped park strip in the public right of way. This includes, but is not limited to: trees, lawn, plantings, irrigation, etc. Trees shall not be pruned in a manner that would not allow the tree to grow to a mature height. 38. Utility Encroachment Permit: Separate encroachment permits for the installation of utilities to serve the development will be required (including water, sewer, gas, electric, etc.). Applicant shall apply for and pay all necessary fees for utility permits for sanitary sewer, gas, water, electric and all other utility work. 39. Additional Street Improvements: Should it be discovered after the approval process that new utility main lines, extra utility work or other work is required to service the development, and should those facilities or other work affect any public improvements, the City may add conditions to the development/project/permit, at the discretion of the City Engineer, to restore pavement or other public improvements to the satisfaction of the City. Exhibit A – Conditions of Approval ~ 523 Union Avenue Page 11 PLN-2022-177 – S/A Review Permit w/Density Bonus and Tentative Map FIRE DEPARTMENT 40. Fire Sprinklers Required: (As Noted on Sheet A000) Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the locations described in this Section or in Sections 903.2.1 through 903.2.18 whichever is the more restrictive. For the purposes of this section, firewalls used to separate building areas shall be constructed in accordance with the California Building Code and shall be without openings or penetrations. In other than residential buildings which require the installation of fire sprinklers for all new buildings according to the California Residential Code, an automatic sprinkler system shall be provided throughout all new buildings and structures. Exceptions: a) Buildings and structures that do not exceed 1,000 SF of building area. b) Group S-2 or U occupancies used exclusively for vehicle parking and meeting all of the following conditions: i) Noncombustible construction ii) Maximum building area not to exceed 5,000 SF. Iii) Structure is open on three or more sides. Iv) Minimum of 10 feet separation from existing buildings unless area is separated by fire walls complying with CBC 706. NOTE: The owner (s), occupant(s) and any contractor(s) or subcontractor(s) are responsible for consulting with the water purveyor of record in order to determine if any modification or upgrade of the existing water service is required. A State of California licensed (C-16) Fire Protection Contractor shall submit plans, calculations, a completed permit application and appropriate fees to this department for review and approval prior to beginning their work. CFC Sec. 903.2 as adopted and amended by CBLMC. 41. Fire Alarm Requirements: (As Noted on Sheet A000) Required fire alarm system shall be designed and installed as required in the currently adopted edition of CFC Sec, 907, as adopted and amended by the CBLMC and referenced codes and Standards, including, but not limited to, NFPA 72. 42. Ground Ladder Access: (As Noted on Sheet A006) Ground-ladder rescue from second and third floor rooms with egress windows, shall be made possible for fire department operations. With the climbing angle of seventy-five degrees maintained, an approximate walkway width along either side of the building shall be no less than seven feet clear. Landscaping shall not be allowed to interfere with the required access. [CFC Sec. 503 and 1030]. 43. Required Aerial Access: (As Noted on Sheet A006) 1. Where required: Buildings or portions of buildings or facilities exceeding 30 feet (9144 mm) in height above the lowest level of fire department vehicle access shall be provided with approved fire apparatus access roads capable of accommodating fire department aerial apparatus. Overhead utility and power lines shall not be located within the aerial fire apparatus access roadway. 2. Width: Fire apparatus access roads shall have a minimum unobstructed width of 26 feet (7925) in the immediate vicinity of any building or portion of building more than 30 feet (9144 mm) in height. 3. Proximity to building: At least one of the required access routes meeting this condition shall be located within a minimum of 15 feet (4572) and a maximum of 30 feet (9144mm) from the building, and shall be positioned parallel to one entire side of the building, as approved by the fire code official. SCCFD SD&S A-1. Exhibit A – Conditions of Approval ~ 523 Union Avenue Page 12 PLN-2022-177 – S/A Review Permit w/Density Bonus and Tentative Map 44. Buildings and Facilities Access: Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or with the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. [CFC, Section 503.1.1]. 45. Required Fire Flow: (As Noted on Sheet A000.1) The fire flow for this project is 1500 GPM at 20 psi residual pressure since an automatic fire sprinkler system is being installed. Note: The minimum required number and spacing of the hydrants shall be in accordance with CFC Table C102.1. 46. Address identification: New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address numbers shall be maintained. CFC Sec. 505.1. 47. Water Supply Requirements: Potable water supplies shall be protected from contamination caused by fire protection water supplies. It is the responsibility of the applicant and any contractors and subcontractors to contact the water purveyor supplying the site of such project, and to comply with the requirements of that purveyor. Such requirements shall be incorporated into the design of any water-based fire protection systems, and/or fire suppression water supply systems or storage containers that may be physically connected in any manner to an appliance capable of causing contamination of the potable water supply of the purveyor of record. Final approval of the system(s) under consideration will not be granted by this office until compliance with the requirements of the water purveyor of record are documented by that purveyor as having been met by the applicant(s). 2019 CFC Sec. 903.3.5 and Health and Safety Code 13114.7. 48. Construction Site Fire Safety: All construction sites must comply with applicable provisions of our Standard Detail and Specification SI-7 and Chapter 33 of the currently adopted edition of the California Fire Code. This must be submitted to, and approved by this office prior to commencing and demolition/construction activities. To: Chair Krey and Planning Commissioners Date: December 8, 2020 From: Daniel Fama, Senior Planner Via: Paul Kermoyan, Community Development Director Subject: Study Session to consider a Preliminary Application (PLN-2020-106) for a proposed townhome development on property located at 523 Union Avenue DISCUSSION Purpose: The purpose of this study session is to present a conceptual plan for a Planned Development rezoning to allow construction of a five-townhome development. Study session review by the Planning Commission is not required, but rather was requested by the applicant so that the Commission could provide feedback during the early stages of the planning process in order to facilitate preparation of a formal application. Since the pre-application process does not constitute a formal application review, comments are considered advisory recommendations for the use of the applicant. Moreover, comments are not binding upon the Planning Commission as to any determination made on a formal application. In this regard, staff’s review of the preliminary project plans is limited to the overall project design concept and is not considered a substitute for formal project review. Proposal: The preliminary plans depict a small townhome development consisting of four attached units and one detached ADA-accessible unit (reference Attachments 1 and 2 – Preliminary Project Plans and Preliminary Project Description). The total floor area of the project—excluding the carports—is 5,935 square-feet, with an average unit size of 1,200 square-feet. Parking would be provided in carports located both within the primary townhome row and as free-standing structures. The proposal includes a Planned Development rezoning to accommodate townhomes, which are not allowed in traditional zoning districts. PROJECT DATA Zoning Designation (C): R-3 (Multiple Family Residential) Zoning Designation (P): Planned Development General Plan Designation: High Density Residential (21-27 units/gr. acre) Proposed Density: 16.3 units/gr. acre (21-27 units/gr. acre Max. Density) Net Lot Area: 10,903 square-feet Gross Lot Area: 13,300 square-feet (approximate) Building Height: 33 ¼ feet 40 feet (R-3 Benchmark Maximum) MEMORANDUM Community Development Department Planning Commission Study Session – December 8, 2020 Page 2 of 8 523 Union Avenue ~ PLN-2020-139 Floor Area1: Building A (4 Units) First Floor: 290 square feet Second Floor: 2,328 square feet Third Floor: 2,191 square feet 4,809 square feet (1,202 sq. ft. per unit) Building B (1 Unit) First Floor: 566 square feet Second Floor: 570 square feet 1,126 square feet Total Floor Area: 5,935 square feet Floor Area Ratio (FAR) 54.4% 55% (R-3 Benchmark Maximum) Building (Lot) Coverage: 37% 40% (R-3 Benchmark Maximum) Parking: 15 stalls 15 stalls required (3 per unit) Building Setbacks: Proposed R-3 Benchmark Maximum Front (east): 20 feet 20 feet Side (north): 5 feet 5 feet or ½ the "wall height" Side (south): 5 feet 5 feet or ½ the "wall height" Rear (west): 8 feet 5 feet or ½ the "wall height" Project Site: The project site is an approximately 10,900 square-foot parcel located along Union Avenue north of McGlincy Lane, within the R-3 (Multiple-Family Residential) Zoning District. The site borders industrial properties to the south and west, residences to the north and east (across Union Avenue), as shown, below. The City border with San Jose is located along Union Avenue directly across the street from the project site. The property is currently developed with a single-family residence constructed in 1952 that would be demolished as part of the project. 1 Excludes the ground-floor carports, which are not counted as floor area. Planning Commission Study Session – December 8, 2020 Page 3 of 8 523 Union Avenue ~ PLN-2020-139 General Plan/Land Use: The property is currently designated by the General Plan as High Density Residential (21-27 units/gr. acre). Based on a gross lot area of 13,300 square-feet (inclusive of the half of the adjacent street), the property could accommodate up to eight units and achieve a density of 26 units/gr. acre. How this relates to the Zoning Code is subject to some interpretation: ➢ Inconsistent with the General Plan: The applicant has sought to comply with the current R-3 (Multiple-Family) Zoning District standards to a significant extent, including the number of allowable units. The R-3 general development standards table, below, prescribes a specific number of units based on the "minimum parcel size," such that for the first 8,000 square-feet four dwellings are allowed, with one additional dwelling allowed for every 1,600 square-feet thereafter. The City's past practice is to apply the net lot area to this calculation, which results in five allowable units, based on a net lot area of 10,903 square-feet. However, this would only result in a density of 16.3 units/gr. acre, which is below the General Plan density range of 21-27 units/gr. acre. This may reflect an inconsistency between the Zoning Code and the General Plan. When such conflicts occur, the General Plan prevails since the Zoning Code implements the General Plan and therefore cannot undermine it. As such, in order for the project to be found consistent with the General Plan, the unit count must be increased to at least seven units, which would result in a density of 22.8 units/gr. acre. ➢ Consistent with the General Plan: Alternatively, a different way to approach the question of number of allowable units is to consider "minimum parcel size" to mean the same as gross lot area. Under this approach, a 13,300 square-foot "parcel size" would allow up to eight units. This result would be consistent with the General Plan in that eight units equals a density of 26 units/gr. acre, which is within the allowable density range of density range of 21-27 units/gr. acre. In either case, the project as currently shown, has too few units. Minimally the project must incorporate a minimum of seven units but no more than eight units, in order to be found consistent with the General Plan. Planning Commission Study Session – December 8, 2020 Page 4 of 8 523 Union Avenue ~ PLN-2020-139 Site Layout: The preliminary site plan (image, right) depicts a single drive-aisle serving the property. A 3-story row of four townhomes would be located along the southerly property line, each with a small private patio. On the north side, a single 2-story detatched ADA-compliant unit would be placed alongside carports and an outdoor recreational space. This layout will need to be modified to accommodate the additional two or three units. Likely this will mean replacement of the carports with additional townhome units and potential loss of guest parking as currently designed. However, given the need to increase the project's overall unit count, the site configuration may need to be entirely reconsidered. An alternative approach could be to create a singular structure that could incorporate the assigned parking into the units; something akin to a townhome/apartment hybrid. An example of this approach can be seen at the Monte Vista development in San Jose, which provides a singular point of vehicular access to multiple private garages, as depicted in the following floor plans: Another option is to build a simple podium-style structure where all the requied parking is at ground level with the units occupying the upper levels. Architectural Design: Although the City does not have design guidelines for multi-family residential projects, the General Plan does provide policy guidance that encourages creative and high-quality design. The preliminary plans show a standard townhome configuration characterized with a series of gabled rooflines and inset balconies, as well as carports rather than enclosed garages. The primary body material is shown as stucco, which is accented with standing-seam metal roofing, wood siding, concrete banding, and metal railing. Policy LUT-9.3: Design and Planning Compatibility: Promote high quality, creative design and site planning that is compatible with surrounding development, public spaces and natural resources. Strategy LUT-9.3d: Building Materials: Encourage the use of long-lasting, high quality building materials on all buildings to ensure the long-term quality of the built environment. While the accent features lift the design, the overall approach is quite traditional and not necessarily in keeping with General Plan guidance for "creative" design. Moreover, Planning Commission Study Session – December 8, 2020 Page 5 of 8 523 Union Avenue ~ PLN-2020-139 notwithstanding the design, the orientation of the townhomes and their relationship to the public street must also be considered. General Plan Strategy LUT-9.3d directs that new buildings should be oriented to the public street. Because the townhomes are placed perpendicularly against Union Avenue, the orientation results in the sides of the buildings facing the public street. Instead, the end units should be oriented to have their entries and primary elevation face Union Avenue as to engage the public realm. Alternatively, there have been project's in similar circumstances where a side wall was made to look like a front wall. Similarly, the gating of the site also creates a disengagement from the public street that should be avoided. Strategy LUT-9.3d: Building Design: Design buildings to revitalize streets and public spaces by orienting the building to the street, including human scale details and massing that engages the pedestrian. Since the purpose of this study session is to improve potential projects, the Commission and applicant should consider different design approaches that could be achieved. To aid the Commission in this regard staff has pulled together various photographs of townhome developments from the Pacific Northwest to illustrate different design approaches and/or particular design attributes that could be considered (photos are numbered for easy reference). As compared to other areas of the City where there is an established architectural pattern, this neighborhood is a mix of styles. As such, the project site is optimally situated to support a more creative and distinct architectural approach. 1 2 3 4 5 Planning Commission Study Session – December 8, 2020 Page 6 of 8 523 Union Avenue ~ PLN-2020-139 Open Space: Open space is provided for each townhome unit consistent with the property's current R-3 zoning. Each would have a small patio of approximately 300 square-feet for the four attached townhomes and 215 square-feet for the detached unit. Small 40 square-foot balaconies would also be provided. Additionally, as the applicant's materials note, the Stojanovich park is also located less than a quarter mile away from the site. Affordable Housing: The City's 15% inclusionary housing requirement only applies to projects with 10 or more units and would not apply. However, the applicant could seek a Density Bonus, which could allow up to three additional units (for a total of 11 units), two of which would be affordable. However, given the constraints of the property, an eleven-unit project likely could not take the form of townhomes, and would need to be a multi-story condominium building (a building type permitted in the C-PD Zoning District). Parking: The City's parking requirement for multi-family residential development (including townhomes) is three stalls, inclusive of 2 ½ private stalls plus ½ stall of guest parking per unit. For a five-townhome development, this results in a requirement for a total 15 stalls, which the preliminary plans satisfy. However, with the addition of two or three additional units, the ability to satisfy the parking requirement may be challenging. The Planning Commission may wish to discuss to what extent it is willing to consider a reduction in parking to allow maximized development of the property. Land Use Incompatibilities: The project site's location adjacent to two industrially developed properties to the south and west likely will result in land use compatibility issues in the future. This may particularly be the case with the auto-repair shop located behind the site. The project will need to incorporate sound attenuating windows and wall materials, and construction of a new sound wall around the site to minimize these impacts. However, such measures cannot eliminate noise entirely. Future homeowners will need be informed of the sites' location proximate to existing industrial uses in order to reduce the number of complaints to the City. 6 7 Planning Commission Study Session – December 8, 2020 Page 7 of 8 523 Union Avenue ~ PLN-2020-139 Utility Undergrounding: Since Union Avenue is a Class II arterial roadway, the City's utility undergrounding ordinance would require the replacement of the existing overhead utility lines with underground services, from pole to pole. The applicant would need to coordinate with PG&E to determine how the existing poles can accommodate the underground utilities or if the existing poles will need to be replaced in their current location. However, if after a thorough examination of the utility configuration by a consulting engineer, it is determined that undergrounding cannot be achieved without adding new poles, then the City may consider a Variance to allow the existing overhead utilities to remain. Public Improvements: The Public Works Department will require land dedication necessary to accommodate construction of a new 10-foot wide public sidewalk, ADA compliant driveway approach, street trees in tree wells, and other standard street improvements. Public Comment: No public comment was received on this preliminary application. NEXT STEPS The Planning Commission’s comments will help guide the applicant’s formal project submittal. Upon receipt of an application, staff will mail a courtesy notice to all property owners within 300-feet of the site and post the materials online. Once the application is ready for a public hearing, a formal public notice will be mailed providing an additional opportunity for the public to review/comment on the project plans. This project will require review by the Site and Architectural Review Committee (SARC) and Planning Commission and decision by the City Council due to the zoning change. SUMMARY Based on the discussion points raised in this memorandum staff requests comment and direction on the following items: ➢ Density: Should the applicant be encouraged to construct seven townhomes or eight (the maximum allowed)? ➢ Design: Does the Planning Commission support the design? Should a different approach be considered? ➢ Orientation: Should the end units be oriented towards Union Avenue? ➢ Parking: Would the Planning Commission support a parking reduction in order to allow additional units? Prepared by: Daniel Fama, Senior Planner Approved by: Paul Kermoyan, Community Development Director Planning Commission Study Session – December 8, 2020 Page 8 of 8 523 Union Avenue ~ PLN-2020-139 Attachments: 1. Preliminary Project Plans 2. Preliminary Project Description HortScience│Bartlett Consulting ●  Divisions of The F.A. Bartlett Tree Expert Company 325 Ray St. Pleasanton, CA ●  925.484.0211 ●  www.hortscience.com November 8, 2021 Weiran Jia GKW Architects 710E Mc Glincy Ln., Suite 109 Campbell, CA 95008 Subject: Updated Arborist Report 523 Union Ave., Campbell CA Dear Mrs. Jia: GKW Architects is working with the owner on the proposed redevelopment of the subject site, in Campbell. The City of Campbell is requiring an Arborist Report be prepared as part of the project submittals. HortScience | Bartlett Consulting (Divisions of the F.A. Bartlett Tree Expert Co.) was asked to prepare an Arborist Report for the project. This letter responds to that request. Description of Trees I visited the site on April 22, 2021. Two (2) on-site trees were assessed. Two groups of off-site trees were located adjacent to the site but did not extend over the property lines and were not included in the assessment. Trees were tagged as #131 and 132. Descriptions of trees are provided in the Tree Assessment Form and locations are shown on the Tree Assessment Map (see attachments) Following are brief descriptions of each tree:  Tree #131 was a small lemon (Citrus limon) growing against the northwest corner of the house. It measured 6” in trunk diameter and was in fair condition, primarily due to a history of topping.  Tree #132 was a semi-mature coast live oak (Quercus agrifolia), located along the western fence line. The tree was in good condition, with a full, dense crown (Photo 1, following page). Unfortunately, the existing chain link fence had become embedded in the trunk. There is no practical way to remove it and it can create a point of structural weakness. The City of Campbell protects trees with at least one trunk 12” and greater in diameter (Municipal Code Chapter 21.32 Tree Protection Regulations) and Street Trees of any size. Based on this definition, coast live oak #132 qualified as a Protected tree. HORTICULTURE │ ARBORICULTURE │ URBAN FORESTRY Updated Arborist Report – November 2021 HortScience | Bartlett Consulting GKW Architects – 523 Union Ave., Campbell Page 2 HortScience│Bartlett Consulting ●  Divisions of The F.A. Bartlett Tree Expert Company 325 Ray St. Pleasanton, CA ●  925.484.0211 ●  www.hortscience.com Suitability for Preservation Before evaluating the impacts that will occur during development, it is important to consider the quality of the tree resource itself, and the potential for individual trees to function well over an extended length of time. Trees that are preserved on development sites must be carefully selected to make sure that they may survive development impacts, adapt to a new environment and perform well in the landscape. Evaluation of suitability for preservation considers several factors:  Tree health Healthy, vigorous trees are better able to tolerate impacts such as root injury, demolition of existing structures, changes in soil grade and moisture, and soil compaction than are non-vigorous trees.  Structural integrity Trees with significant amounts of wood decay and other structural defects that cannot be corrected are likely to fail. Such trees should not be preserved in areas where damage to people or property is likely.  Species response There is a wide variation in the response of individual species to construction impacts and changes in the environment. In this case, both lemon and coast live oak are tolerant of site disturbance.  Tree age and longevity Old trees, while having significant emotional and aesthetic appeal, have limited physiological capacity to adjust to an altered environment. Young trees are better able to generate new tissue and respond to change. Photo 1: Looking northwest at coast live oak #123. The tree was in good condition, with a full, dense crown. The tree had grown around the existing chain link fence. There is no practical way to remove it and it can create a point of structural weakness. Updated Arborist Report – November 2021 HortScience | Bartlett Consulting GKW Architects – 523 Union Ave., Campbell Page 3 HortScience│Bartlett Consulting ●  Divisions of The F.A. Bartlett Tree Expert Company 325 Ray St. Pleasanton, CA ●  925.484.0211 ●  www.hortscience.com  Invasiveness Species which spread across a site and displace desired vegetation are not always appropriate for retention. This is particularly true when indigenous species are displaced. The California Invasive Plant Inventory Database (http://www.cal-ipc.org/paf/) lists species identified as being invasive. Campbell is part of the Central West Floristic Province. Neither of the species assessed at the 523 Union Ave. site were listed as being invasive. Each tree was rated for suitability for preservation based upon its age, health, structural condition and ability to safely coexist within a development environment. Suitability ratings are provided for each tree in the Tree Assessment Forms (see Exhibits). A summary is provided in Table 1. Table 1: Tree Suitability for Preservation 523 Union Ave., Campbell CA High These are trees with good health and structural stability that have the potential for longevity at the site. None of the trees were considered highly suitable for preservation. Moderate Trees in this category have fair health and/or structural defects that may be abated with treatment. Trees in this category require more intense management and monitoring, and may have shorter life-spans than those in the “high” category. Coast live oak #132 was of moderate suitability for preservation. Low Trees in this category are in poor health or have significant defects in structure that cannot be abated with treatment. These trees can be expected to decline regardless of management. The species or individual tree may possess either characteristics that are undesirable in landscape settings or be unsuited for use areas. Lemon #131 was of low suitability for preservation. We consider trees with high suitability for preservation to be the best candidates for preservation. We do not recommend retention of trees with low suitability for preservation in areas where people or property will be present. Retention of trees with moderate suitability for preservation depends upon the intensity of proposed site changes. Evaluation of Impacts Appropriate tree retention develops a practical match between the location and intensity of construction activities and the quality and health of trees. The Tree Assessment was the reference point for tree condition and quality. Potential impacts from construction were evaluated using the Site Plan (Sheet A003) prepared by GKW Architects (dated 10/27/2021). The plans proposes to redevelop the site into 7 condos in a 3-story townhouse format, with 2 stories of living space above a garage. A new 25’ wide driveway would be installed on the south side of the property, with the townhomes built along the northern boundary. Updated Arborist Report – November 2021 HortScience | Bartlett Consulting GKW Architects – 523 Union Ave., Campbell Page 4 HortScience│Bartlett Consulting ●  Divisions of The F.A. Bartlett Tree Expert Company 325 Ray St. Pleasanton, CA ●  925.484.0211 ●  www.hortscience.com Accurate trunk locations for trees were not included on the plans. The location of trees were estimated in the field based on existing features. Impacts from the proposed changes were estimated for each tree. Based on my assessment of the plans, lemon #131 would be within the footprint of the townhouse, requiring its removal. Table 2 provides the recommended action for each tree. The trunk of coast live oak #132 would be approximately 5’ from the edge of the new townhome building. At this distance, both root loss and canopy loss would be significant and I do not believe the tree would tolerate the impacts. I recommend protected Coast live oak #132 be removed. Table 2. Recommendations for Action 523 Union Ave., Campbell CA Tree Common Trunk Protected? Recommendation No. Name Diameter for Action 131 Lemon 6 No Remove, within building footprint 132 Coast live oak 18 Yes Remove, ~5’ from building Please feel free to contact me with any questions regarding my observation and recommendations. HortScience | Bartlett Consulting John Leffingwell Board Certified Master Arborist WE-3966B Registered Consulting Arborist #442 Attached: Tree Assessment Form Tree Assessment Map TREE SPECIES TRUNK PROTECTED CONDITION SUITABILITYCOMMENTSNo. DIAMETER1=poorfor(in.)5=excellentPRESERVATION131 Lemon 6 No 3 Low Codominant trunk at 4'; previously topped. 132 Coast live oak 18 Yes 4 Moderate Codominant trunk at 6' with seam below attachment; on property line; chain link fence embedded in trunk at 5'; full, dense crown.Tree Assessment 523 Union AvenueCampbell, CAApril 20, 2021Page 1 Tree Assessment Map Union Townhouses 523 Union Avenue Campbell, CA Prepared for: GKW Architects Campbell, CA April 2021 No Scale Notes: Base map provided by: GKW Architects Campbell, CA Numbered tree locations are approximate. 325 Ray Street Pleasanton, California 94566 Phone 925.484.0211 Fax 925.484.0596 131 132 Off-site hedge row of Australian bush cherry 4 Off-site queen palms Gkw Architects, Inc. 710 E. McGlincy Lane, Suite 109 Campbell, CA 95008 408-315-2125 | Gordonkwong@Gkwarchitects.com www.gkwarchitects.com PROJECT DESCRIPTION / AFFORDABLE HOUSING PLAN UNION TOWNHOUSES SITE INFO Address : 523 Union Ave., Campbell, CA 95008 Zoning/General Plan: R-3 (Multiple-Family Residential) / High Density Residential (21-27 units/gr. acre) Net/Gross Lot Area: 10,953 SF (0.25 acre)/13,301 SF (.31 Acre) Existing/Demo: One (1) existing single-family dwelling, not subject to a recorded affordable housing covenant or previously occupied by lower or very low-income household. PROJECT SCOPE Planning Application: Site and Architectural Review Permit Proposed: Seven (7) Townhouse Units: • Type I, 6 units: 2bed/2.5bath tandem 2-car garage private yard balconies • Type II, ADA, 1 unit: 4bed/4.5bath tandem 2-car garage private yard balconies Project Density: 23 units/gr. acre (less than the maximum 27 units/gr. acre permitted) CEQA (Environmental): Categorically Exempt per Section 15332 (In-Fill Development Projects). The Project is consistent with applicable Zoning and General Plan designation and supporting land use policies and will be served by existing utility services. The site has no value as habitat for endangered, rare or threatened species, and would not result in any significant effects relating to traffic, noise, air (the project scope herein includes implementation of BAAQMD Required Fugitive Dust Control Measures, BAAQMD Required Basic Exhaust Emissions Reduction Measure, and BAAQMD Enhanced Exhaust Emission Reduction Measures). AFFORDABLE HOUSING PLAN BMR Unit: 10% (1) Moderate-Income Unit (7 base units x 10% = .7 = 1 unit). Lot 6 Density Bonus No Density Bonus is proposed (5% permitted) Parking: Use of Density Bonus Parking standards requested (average of 2 stalls/unit provided). Concessions/Waivers: One (1) Concession to the frontage utilities undergrounding requirement (CMC Sec. 21.18.140.B.2) and multiple Waivers to various development standards are requested, as itemized in Exhibit A (Development Standards Compliance & Concession/Waiver Density Bonus Analysis) and further explained in Exhibit B (Examination of Proposed Undergrounding of Overhead Utilities). EXHIBIT A - 523 Union Ave. – Development Standards Compliance & Concession/Waiver Density Bonus Analysis Development Feature Standards Not Applicable/Conforms/Waiver/ Concession Permitted Uses 'Apartments,' 'Duplexes,' 'Single-Family Dwellings' Conforms Although the Zoning Code does not specify "townhome" or "townhouse" as an allowable use, the "townhouse" definition indicates that it is a type of "single-family dwelling," and therefore is permitted in the R-3 Zoning District. Minimum parcel size 6,000 square feet for a single-family dwelling. Waiver This provision would only allow 5 units where the General Plan HDR designation would allow the proposed 7 units. Therefore, the restriction must be waived to allow the project to proceed. Zoning Code: 10,953 (net lot area)-8,000 (4 units)=2,953- 1,600 (1 unit) =1,353<1,600= 5 units General Plan: 7 units / .31 gr. acre = 23 units/gr. acre. <27 units/gr. acre. maximum 7,000 square feet for a two-family dwelling. 8,000 square feet for a three- or four-family dwelling. Parcels having an area greater than 8,000 square feet may be developed at a ratio of four dwelling units for the first 8,000 square feet, and 1,600 square feet for each additional unit. Minimum parcel width 60 ft. Waiver The proposed townhome lots are 15-ft +/- width. The 60- foot minimum would physical preclude the project. Minimum public frontage 25 ft./15 ft. for flag lots Waiver Requiring public street frontage precludes use of a private roadway, rendering the project infeasible. Maximum allowable density 21 to 27 d.u./gross acre Conforms The proposed project is 23 units/gr. acre, which is less than 27 units/gr. acre. No Density Bonus is proposed. EXHIBIT A - 523 Union Ave. – Development Standards Compliance & Concession/Waiver Density Bonus Analysis Open space required for multiple-family dwelling units An area of not less than 300 square feet for each dwelling unit for recreational purposes (if not a townhouse or condominium). Not Applicable This standard specifically does not apply to " a townhouse or condominium" project. Therefore, the R-3 Zoning District does not have applicable open space requirement. However, the project proposes approximately 245 square- feet of open space (as defined) per unit in the aggregate When serving multiple-family dwelling units, the area may be private or common. The area shall be in addition to the required front setback between the structure and any street property line. It shall be specifically designed for recreational use, whether active or passive, and shall not be occupied by driveways, parking spaces, or walkways between structures. When serving multiple-family dwelling units, a recreation area may be provided for each dwelling unit, or all the required space may be combined in one area. A rooftop recreation space may be counted as a part of the required space; provided, it is at least 300 square feet in area. The area may be occupied by recreational facilities (e.g., deck, patio, playground equipment, porch, or swimming pool); provided, they are open on at least two sides and not covered by a roof or canopy. When the recreation area is 500 square feet or more in size, a recreation structure may be built on not more than 25 percent of the area. No dimension of an area to be counted as open space shall be less than 10 ft. Setbacks required Front 20 ft. Waiver The project proposes a 10-ft front setback that is needed to accommodate a wider ground-floor ADA accessible unit per California Building Code. An accessible unit could not be provided without reducing or eliminating the garage, which would render the accessible unit non-comparable to the remaining units. Side (each) A minimum of five feet or one-half the height of the building wall adjacent to the side property line (whichever is greater). Waiver By definition, townhome units do not have side setbacks, and therefore the standard would render the project physically infeasible. EXHIBIT A - 523 Union Ave. – Development Standards Compliance & Concession/Waiver Density Bonus Analysis Street side 12 ft. Not Applicable Rear A minimum of five feet or one-half the height of the building wall adjacent to the side property line (whichever is greater). Waiver The "one-half the height of the building wall" requirement would result in 15-ft setback that would physically prevent the project from being built. Vehicular access 25 feet to any public right-of-way. Conforms The garages would be oriented perpendicular to roadway; the project therefore conforms with this standard. Maximum floor area ratio 0.55 Waiver All of the proposed townhome units are all modestly sized (>2,000 SF, including garage) and the project still results in in a FAR of 1.26 and Lot Coverage of 45%. Application of these standards would physical prevent the project from being built by substantially reducing the size of the units. Maximum lot coverage 40% Main structure maximum height 40 ft./3 stories Conforms The project is complaint at 35-feet tall/3-stories. Distance between non- accessory structures on the same lot The distance equal to building wall height of the taller of the two structures. Not Applicable There is only one proposed structure. Accessory structures See Section 21.36.020 (Accessory structures) Not Applicable There are no proposed accessory structures. Fences, walls, lattice and screens See Section 21.18.060 (Fences, walls, lattice and screens) Conforms Proposed fencing complies with applicable requirements. Landscaping See Section 21.26.020 (Landscaping requirements for individual zoning districts) Waiver The project proposes 7.5% of the site to be landscaped, which is less than the 20% required for R-3 zoned properties, which would otherwise substantially reduce the buildable area, rendering the project infeasible to develop. EXHIBIT A - 523 Union Ave. – Development Standards Compliance & Concession/Waiver Density Bonus Analysis Motor vehicle parking See Chapter 21.28 (Parking and Loading) Conforms The project proposes two stalls per unit (14 stall in total), which is less than the 12 stall required for Density Bonus projects: (6) 3-bdr units x 1.5 stalls = 9 stalls (1) 4-bdr units x 2.5 stalls = 2.5 stalls (7) Units = 11.5 stalls= 12 stalls req. <14 stalls provided Utility Undergrounding See Section 21.18.140 Concession As discussed in 'Exhibit B', Examination of Proposed Undergrounding of Overhead Utilities by TARRAR Consultants, complying with the City's frontage undergrounding requirement would require placement of two new utility poles, impacting adjacent businesses and blocking the driveway entrance to one parking lot. Moreover, the utility work would add a substantial cost to the project in comparison to allowing the existing utility lines to remain. As such, a concession to allow elimination of this requirement would result in an identifiable and cost reduction to the project, increasing its development feasibility. 55233 Unionn AvenueCampbell, CA 95008Examination of Proposed Undergrounding of Overhead Utilities SITEOveralll Projectt Site Existing Site ConditionsNorthern Boundary of project frontageExisting pole with primary riser and overhead service Existing Site ConditionsSouthern boundary of project frontageExisting pole with primary riser and overhead service PG&E Terminology•Distribution – Utilities serving multiple customers•Service – Utilities serving a single customer•Primary – High voltage (e.g., 12,000V) electric power fordistribution•Secondary – Low voltage (e.g., 120/240V) electric power forservice to individual residences•Transformer – Electrical device for converting primary voltage tosecondary voltage•Riser –Conduit which runs down the side of a pole to transitionfrom overhead to underground•Guy Wire –Cable and anchor installed at the terminal pole of anoverhead-to-underground transition to counteract the tension ofthe overhead lines Map of Existing PG&E FacilitiesExisting PG&E primary electricdistribution facilities in the vicinityof the project site; overhead (blue lines)underground (Green lines). Poles are represented by black and white circles.SITEExisting polesExisting overheadExisting underground PG&E ConstraintsWhen transitioning from overhead tounderground, PG&E needs to use a new orexisting pole free from any existingequipment (such as a transformer, switch orprimary riser) to place a new riser, with sufficientspace for a lineman to climb safely.Both poles on the Northern and Southern propertylines are currently occupied by primary risers. Alternatives ConsideredUndergrounding of overhead utilities along project frontage•Not preferred•Maximum distance approximately 150 feet•2 new poles with guy wires needed•Requires temporary disruption in electric service to all properties along Union AvenueServing project from existing system•Preferred by PG&E•Least disruptive•No additional poles required•No existing properties affected The pole on the North of the property frontage has a PG&E primary riser. Therefore, we cannot remove this pole, at best we could relocate it. In addition to relocating this pole, we would need to add another riser pole with a primary riser to bring the primary down Union Avenue to the pole on the other end of the frontage.New pole required The pole to the south of the frontage also has a primary riser. We can’t remove this pole. To underground the property frontage, we would need this pole and an additional primary riser pole.A guy wire would need to be placed that would impact the driveway of the adjacent property. New pole requiredGuy wire To underground the overhead lines along Union Avenue we would need to add two additional poles and in doing so we could remove approximately 150’ of overhead lines (see orange line) PG&E Preferred Alternative:Existing Overhead to Remain andService New Site from Existing System•No new poles will need to be installed,rather than two if undergroundingwere to take place.•No adjacent properties affected.•Most cost-effective solution. Impacts Of AlternativesUndergrounding along Project FrontageApprox. 1502Yes+/-15HighUse existing pole for riser0’0No0LowFeet of undergroundingPoles addedImpact to other propertiesProperties affectedCost and Schedule Impacts Conclusion•Adding two new poles to the project represents an aestheticchallenge while impacting adjacent businesses and blocking the driveway entrance to one parking lot, while deliveringlimited improvements to the area•PG&E design constraints focus on safety and reliability, makingexceptions prohibitive City of Campbell -- Community Development Department 70 N. First Street, Campbell, CA 95008 MEMORANDUM To: Members of the Planning Commission Date: September 13, 2022 From: Rob Eastwood, Community Development Director Subject: Report of the Community Development Director I. CITY COUNCIL: The City Council met on Thursday, August 25th, 2022 and considered the following items of interest to the Planning Commission: Appointed Davis Fields to serve on the Planning Commission for a full four-year term expiring August, 2026. Received a report and provided feedback on preparation of Code of Conduct policy for Campbell Boards and Commissions. The City Council met on Tuesday, September 6th , 2022 but did not consider any of interest to the Planning Commission II. Draft Environmental Impact Report (DEIR) and General Plan: On Monday, September 12, 2022, the City published the DEIR and the Draft Envision General Plan for public review. The DEIR comment period will extend from September 12, 2022 until October 28, 2022. The DEIR and the Draft Envision General Plan are available for review here - https://campbell.generalplan.org/