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Site & Arch - 1998RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO Name ~j~) p. rm i'~ ~/O~.~ Street IFil ~~ ~ Address City Los O. 'os State Zip Order No. DOCUMENT: 15220250 · 0015220250~ BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of Principal Tities:l / Pages: 5 Fees .... 19,00 Taxes.. · Copies.. 8,00_, AMT PAID - 27.00 RDE ~ 001 4/20/2000 2:23 PM DECLARAT1'ON OF COVENANTS, CONDTTTONS, AND RESTR1'CTI'ONS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS THIS DECLARATION is executed and delivered as of the 20th day of April 2000, by Dr. Dennis K. Wong and Dora S. Ng, having a business address at 14419 S. Bascom Avenue, Los Gatos, CA 95032 ("Owner"), in favor of and for the benefit of The City of Campbell, having a business address at 70 N. First Street, Campbell, CA 95008 ("City"). WITNESSETH: WHEREAS, Owner is the sole owner in fee of certain real property, commonly known as 14419 S. Bascom Avenue, Los Gatos, California (Parcel No. 414-44-005), and more particularly described in ExhibiLA attached hereto (the "Building Site"); WHEREAS, City approved Ordinance No. 1975 on November 17, 1998, rezoning the Building Site from Residential to Professional Office use in conjunction with Owner's proposal to construct a two-story medical office building on the Building Site (the "Project"); WHEREAS, Section 21.50.050 of City's Municipal Code establishes a parking schedule for "medical, dental clinics"of 6 spaces/doctor; WHEREAS, City approved Resolution No. 3217 on January 26, 1999, granting Site & Architectural Approval for the Project subject to the following Condition of Approval: 2. Parking. Prior to building occupancy, applicant shall record a covenant, running with the land, which shall restrict use of the building site to a maximum of 2 doctors/dentists. The covenant may indicate that this will not prevent the owner from petitioning the City to change the terms of the covenant, should the City parking requirements change, the square footage of the building be reduced, or should other changes occur which lessen the parking demand/requirement. The covenant may also provide that if the property owner desires to use the building for non-medical office use in the future, it must be demonstrated that the office use generates a parking demand (including employees and customers) that does not exceed the 12 parking spaces provided. The justification must be provided to the satisfaction of the Community Development Director; WHEREAS, the Project as built includes the 12 off-street parking spaces required by such Condition of Approval, NOW, THEREFORE, in consideration of the foregoing Recitals, Owner hereby declares, covenants, and agrees as follows: 1. Covenant. For the term of this Declaration, use of the Building Site shall be restricted to a maximum of 2 doctors/dentists at any one time, except that (i) nothing in this Declaration prevents the Owner from petitioning City to change the terms of the covenants contained in this Declaration, should City parking requirements change, the square footage of the Project be reduced, or should other changes occur which lessen the parking demands or requirements of the Project and (ii) if the Owner desires to use the Building Site for a non- medical office use in the future, Owner shall demonstrate, to the satisfaction of City's " Community Development Director, that the office use generates a parking demand (including employees and customers) that does not exceed the 12 parking spaces provided for the Project. 2. Successors & Assigns. The covenants contained in this Declaration shall be binding upon Owner and inure to the benefit of City, and their respective successors and assigns. 3. Running With the Land, Remedy. The covenants granted, reserved or otherwise set forth herein shall be appurtenant to and run with the land, and shall in all respects constitute covenants running with the land pursuant to applicable California law, enforceable by City at law and in equity. 4. Enfolr, gllmlll. The covenants made by Owner in this Declaration are for the express benefit only of City and its successors and assigns, and no other person or entity, nor the public in general, shall have any right to enforce any of the covenants contained herein. 5. ~. This Declaration shall be construed and enforced in accordance with the laws of the State of California. 6. Modifications. This Declaration may not be amended, modified, altered or changed, as provided for by Section 1, unless in a writing, in recordable form, approved by City. 7. Recordation. This Declaration shall be recorded by Owner in the Santa Clara County Office of the Recorder in conjunction with the City's issuance of a Certificate of Occupancy for the Project. 8. Termination. This Declaration shall remain in full force and effect until such time as the Building Site ceases to be subject to the Condition of Approval set out in the Recitals above. IN WITNESS WHEREOF, Owner has executed this Declaration as of the date first set forth above. CITY OF CAMPBELL: OWNER: William R. Seligmann City Attorney Definis'K. Won~g~ ~xhibit A All'thai corette real property alluate itt the :lzy oF Campb~l. 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P. 02 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of ~__~__~/,,~-~,~7,/~,~.///-'~- County of ~"'~/u/~ ~- ~-~ On DATE personally appeared before me, //.-¢'¢/~-~ ~,-~~ NAME. TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" NAME(S) OF SIGNER(S) [] personally known to me - OR - ~ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i~,./are subscribed to the within instrument and ac- knowledged to me that _~,,',,,~..~/they executed the same in la~m~l~-r/their authorized capacity(ies), and that by J;~i~l~r/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. .~RE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER [] INDIVIDUAL [] CORPORATE OFFICER [] PARTNER(S) [] A'I-rORNEY-IN-FACT [] TRUSTEE(S) TITLE(S) [] LIMITED [] GENERAL [] GUARDIAN/CONSERVATOR [] OTHER: DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(lES) SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION · 8236 Remmet Ave., P.O. Box 7184 · Canoga Park, CA 91309-7184 NOTICE OF DETERMINATION City of Campbell 70 N. First Street Campbell CA 95008 (408) 866-2140 Office of Planning & Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 County Clerk's Office Santa Clara County 191 N. First Street San Jose, CA 95113 (3 copies & cover sheet filled out by planner) Subject: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Project Title: State Clearinghouse Number (If submitted to Clear/nghouse) Lead Agency Contact Person ~)~,P-_go/~ ~- Phone (408) 866-2140 Project Location (include County) '- uo 78, 6 ProjectDescripfion ,5. r-~ ~ /4~-~, r'c~r~c~c_ ~/, ~,--~ ?-,7~ c 7 Mt~,v/g~o'r~-t-- This is to advise that the --Gc.:x?~.-2t~ DcvclcFmcnt DcFa~,-~.ent has approved the above-described project on /~[~ C) Lead Agency (2) Responsible Agency and has made the following determinations regarding the above described project: Date 1. The project ( O will ~ will not) have a signification effect on the environment. Z (~) An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. ~J~A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures ((~) were ~ were not ) made a condition of approval of the project. 4. A statement of Overriding Considerations ((~) was(~) was not ) adopted for this project. This is to certify that the f'mal EIR with comments and responses and record of project approval is available to the General Public at the Communi _ty Development Department, City of Campbell, 70 N. First Street, Campbell, CA 95008, (408) 866-2140. Signature (Public Agency)/.,~..~F~ ~,. Date received for filing and posting at OPR: IN THE OFFICE OF THE COUNTY CLERK L. TONG,-M.!LLER.__ OEpu'TY CALIFORNIA DEPARTMENT OF FISH AND GAME CERTIFICATE OF FEE EXEMPTION De Minimis Impact Finding Project Title/Location (include county): S 98-24 14419 S. Bascom Avenue Los Gatos, CA 95030 Santa Clara County £0078 6 Project Description: Project entails a Site and Architectural Review Approval (S 98024) to allow construction of a 2-story, 4,930 square £oot dental office building, and the removal of a one-story residential building. By a previous action the General Plan designation was changed from High Density Residential to Professional Office, and the Zoning from R-M-S (Multiple Farmly Residential) to P-O (professional Office) Findings of Exemption (attach as necessary): The Planning Commission granted a Negative Declaration based upon the findings in the initial study prepared for this project which determined that no effects to wildlife or the environment will result from development of this project. Certification: I hereby certify that the public agency has made the above f'mding and that the project will not individually or cumulatively have an adverse effect on wildlife resources, as de£med in Section 711.2 of the Fish and Game Code. Signature: 3 /~-~/,n' -~- Title: City of Campbell Date: POSTED ON THRouGH .,, , IH TIlE OFFICE OF THE COUNTY CLERK S'fEPHEN V. LOVE, COUNTY CLEP~ BY L, TONG-MILLER OEPUll Greg W. Benton, Architect "/'~-,t ~ ~ ~ ~.'-~' 15102 Lynn Avenue Los Gatos, California 95032 ~,,~r-.~-,,~',,;-- (408) 358-9338 MEMORANDUM o Telephone o Meeting o Direction X Request o Site Visit Call: in o out X Re: 14419 S. Bascom Ave. Office Building Date: 9/22/99 Name(s) Barbara Ryan Time: 12:25 pm & Company: City of Campbell Planning Dept. RE: Roof Equipment Screen As you know, the above mentioned project is under construction and, now that the framing is nearly complete, I have noticed there may be no need for a mechanical equipment screen on the roof as shown in our approved plans. When I look at the building, it appears that the parapet walls around the perimeter of the building will provide adequate screening of this equipment. I have attached diagrams to show this situation which assume the following: 1. The highest point of any roof equipment will be 4'-0" above the roof and most equipment will be less. This point would be 28' above the first floor. 2. The tops of the lowest parapets (South & West walls) are at 27' above the first floor or 1' below the top of the highest roof equipment. The tops of the North and East wall parapets slope from 27' to 30' above the first floor which is higher than the roof equipment. 3. Section A-A shows (2) different sight line distances from the property line. One shows the horizontal distance at which the top of the equipment will become visible from a point 5'-6" above the ground (the eye height of an average person standing on the ground). The other shows the horizontal distance at which the top of the equipment will become visible from a point 17'-6" above the ground (the eye height of an average person standing on the second floor of an average building). 4. The aerial photo has been marked to show both horizontal sight line distances. It is my opinion that the roof screen shown on the approved plans will be redundant and could be eliminated if the roof equipment were restricted to the heights and locations shown on the approved plans and these diagrams. I would appreciate if you could review the plans and diagrams and let me know if the Planning Department would accept this change as soon as possilble. Thank you for your consideration. By: Greg W. I~enton cc: B. Ryan & Owner Please notify originator immediately for any corrections, omissions or deletions. Greg W. Benton, Architect 15102 Lynn Avenue Los Gatos, California 95032 (408) 358-9338 MEMORANDUM o Telephone o Meeting o Direction X Request Call: in o out X o Site Visit Re: 14419 S. Bascom Ave. Office Building Date: 7/24/99 Name(s) Barbara Ryan Time: 3:30 pm & Company: City of Campbell Planning Dept. RE: Design Changes This is a follow-up letter to the one I sent you on 7/24/99 regarding minor design changes we proposed for the above mentioned project which is now under construction. At this time, the owner and myself formally request the City's review and approval of the changes mentioned below. I delivered a revised color board to your office yesterday as part of this request and have attached additional drawings to this letter to further explain the changes. Please be advised that I will be out of town during the next (3) weeks but the project owners, Dennis and Dora Wong, will be anxiously awaiting your response and/or any questions you may have. Below, Property Line Walls: A) The grades along the side and rear property lines have been raised approximately 2'-0" (max.) above natural grade per the grading plan and the precast concrete property line walls will be used to retain these elevated grades. It is my understanding that the heights shown on the plans for these walls (6' and 8') will be the height measured from existing grade on the neighbor side of the walls and that the wall heights on the project side of the walls will be approx. 2' less. B) A 4' high wood fence was approved for the north property line beginning at the rear wall of the building and extending approximately 70' towards Bascom Ave. Since this wall will be retaining about 2' of compacted dirt, we are proposing to change it to a 6' high (from existing grade) precast concrete wall the same as the wall on the rest of that property line. The vertical wood trellis that was being attached to the wood fence in the plans would remain and be attached to the concrete wall instead. Tree Wells: The adjacent property to the North has (6) existing Bradford Pear trees either on, or within inches of our property line. The trees are placed such that it may be assumed some of the roots, branches and/or portions of the trunks encroach onto our property. Out of concern for these neighboring trees, we asked a Certified Arborist to visit the site, evaluate the situation and give us a report, with specific recommendations for minimizing the affects of the new construction on these trees. We are proposing to install the property line wall straight along the property line next to the trees and add a retaining well at the base of each tree. A copy of the report, plans and details of the tree wells are attached. 14419 Bascom Ave. Memo 7/24/99 Page 2 Elevator Machine Room: For interior design, functional and code reasons, we are re- locating the elevator machine room from the corner next to the elevator to the corner next to the electric meter room. Because of this, the window at the front wall of this area must be changed to a solid door. Even though this 1-story wall faces Bascom Ave., it will be mostly hidden by trees and other landscaping proposed for that area. Elevations and plan drawings of this change are attached. Window Colors: The approved color board specifies dark bronze window frames and the glass color was not specified. We would like to use a lightly tinted green glass in the windows. While some green glass windows look okay in bronze frames they are more often seen in lighter colored frames, especially when the building wall colors are light like the ones proposed for this building. We are proposing to keep the building and trim colors the same as previously approved, use the green tinted glass and change the window frame color to a light "Sandstone" color. A new color board, photos and glass samples are attached. By: Greg W. Benton cc: B. Ryan & Owner Please notify originator Immediately for any corrections, omissions or deletions. 87-13-99 16:05 ~ 4083583049 G~EG BENTON ~ 882 Greg W. Benton, Architect 15102 Lynn Avenue "~ ,, '~ - Los Gatos, California 95032 ~o j~ c~ (408) 358-9338 MEMORANDUM ~- I Meeting o Telephone o o Direction Call: in o out X X Request o Site Visit Re: 14419 S. Bascom Ave. Office Building Date: 7/13/99 Name(s) Barbara Ryan Time: 2:15 pm 8, Company: City of Campbell Planning Dept. RE: Design Changes I am writing to inform you of some minor design changes the owner and myself are proposing for the project mentioned above. I have prepared a description of the changes below. I ask that you please review these changes at your earliest convenience and give me a call to advise me if any of these changes affect our previous SARC and PC approvals and, if necessary, what procedures we need to follow to get approval of these changes. property Line Walls: A) The grades along the side and rear property lines have been raised approximately 2'-0" (max.) above natural grade per the grading plan and the precast concrete property line walls will be used to retain these elevated grades. It is my understanding that the heights shown on the plans for these walls (6' and 8') will be the height measured from existing grade on the neighbor side of the walls and that the wall heights on the project side of the walls will be approx. 2' less. 8) A 4' high wood fence was approved for the north property line beginning at the rear wall of the building and extending approximately 70' towards Bascom Ave. Since this wall will be retaining about 2' of compacted dirt, we are proposing to change it to a 6' high (from existing grade) precast concrete wall the same as the wall on the rest of that property line. The vertical wood trellis that was being attached to the wood fence in the plans would remain and be attached to the concrete wall instead. 2. Tree Wells: The adjacent property to the North has (5 or 6) existing Bradford Pear trees either on, or within inches of our property line. The trees are placed such that it may be assumed some of the roots, branches and/or portions of the trunks encroach onto our property. Out of concern for these neighboring trees, we asked a Certified Arborist to visit the site, evaluate the situation and give us a report, with specific recommendations for minimizing the affects of the new construction on these trees. We are proposing to install the property line wall straight along the property line next to the trees and add a retaining well~.. ~se~e. I am attaching a copy of the report for your review and needed to the implement /~details and plan revision~s recommendations of the report can ~,~.prepared on reques~ 07-1~-99 16:06 ~ 40B~B~O~9 C~EG BENTON ~ 00~ 14419 Bascom Ave. Memo 7113199 Page 2 3. E._Jlevator Machine Room; For interior design, functional and code reasons, we are re- locating the elevator machine room from the comer next to the elevator to the corner next to the electric meter room. Because of this, the window at the front wall of this area must be changed to a solid door. Even though this 1-story wall faces Bascom Ave., it will be mostly hidden by trees and other landscaping proposed for that area. Elevations and plan /revisions of this change can be prepared on request. ~ndow Colors The approved color board specifies dark bronze window frames and the ~iass colOr was not specified. We would like to use a lightly tinted green glass in the windows. While some green glass windows look okay in bronze frames they are more often seen in lighter colored frames, especially when the building wall colors are light like the ones proposed for this building. We are proposing to keep the building and trim colors the same as previously approved, use the green tinted glass and change the window frame COalOmret(~aa ,mipglhetser aOnff_~ehitmea~rema~dai~Jal~legroanY COre(~lOur~stA. new color board, photos, glass and By: Greg W. Benton cc: B. Ryan & Owner Please notify originator Immediately for any corrections, omission~ or deletions. JAMF. SCOTT NTON 004 ,4¸ 'Fo: Mr. Gr~ W. Bent~o - Arcbhe~ Phone (4~) ~8.9331~ Repnli~lt: lelle South B~,;o~ tweaue. C~nl:~el). Ca. 9.40011 p,o~c, ss at 14419 South Biscom Aveeue, C~ Ca. 95008, As vJow~J Sun= 2~, 1999, ~ ttee~ appe~ to bt of normal heakh with re.t..~t'~olor~ ~ .;.~.~ B~luu~ tbry ~o m clos~ l~'Oximity to a i~opos~ r,.-~Jni~; wldI asd ~tdo htcr~, ~ w~ I~Ot~!v;, tactudi~ a i TPZ (o~ ,r~ pmtoadou z~-.~c) will be ~ for mntim~ ~lor, Olio ihi n III Ill iIilidI~ Ii i TFZ in orilili IlUde. clililll tiI~ duld be leclod Io i~i~____ t: lbepropoIodSruev, qlldlmoudJel~llgSoulhlhm;omAver~esideOomfhm~imlxic~udbumn ' it :' Tot~J for ~i rein - $12S.00. .T'WS/nuI~ CITY OF CAMPBELL Community Development Department. Current Planning January 29, 1999 Greg W. Benton 15102 Lynn Avenue Los Gatos, CA 95032 Re: S 98-24 --- 14419 S. Bascom Avenue Dear Applicant: Please be advised that the Planning Commission, at its meeting of January 26, 1999, adopted Resolution No. 3217 granting a Site and Architectural Approval to allow the construction of a new two-story office building on the above-referenced property. This approval is effective in ten days, unless appealed in writing to the City Clerk. The time within which judicial review of this decision must be sought is governed by California Code of Civil Procedure, Section 1094.6. If you have any questions, please do not hesitate to contact me at (408) 866-2140. Sincerely, Sharon Fierro Senior Planner CC: Dennis & Dora Wong (Property Owners) 14525 S. Bascom Avenue .. Los Gatos, CA 95032 70 North First Street · Campbell, California 95008.1423 - T~L 408.866.2140 · F^X 408.866.8381 · TDD 408.866.2790 RESOLUTION NO. 3217 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL GRANTING A SITE AND ARCHITECTURAL APPROVAL TO ALLOW THE CONSTRUCTION OF A TWO-STORY OFFICE BUILDING ON PROPERTY LOCATED AT 14419 S. BASCOM AVENUE IN A PO (PROFESSIONAL OFFICE) ZONING DISTRICT. APPLICATION OF MR. GREG BENTON, ON BEHALF OF DENNIS AND DORA WONG. FILE NO. S 98-24. 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 application S 98-24: 1. An Initial Study was prepared for this project which concludes there are no significant environmental impacts and a Negative Declaration has thus been prepared. 2. The medical office proposal is consistent with the office General Plan designation and the P-O (Professional Office) Zoning for the site. 3. The proposed building and parking facilities, subject to the recommended conditions of approval, will result in a project which integrates the project with the surrounding uses. 4. Adequate circulation has been provided on site, and the site is so located on a public street to accommodate the estimated traffic associated with the project. 5. The proposed project is well sited and designed to be compatible with the surrounding buildings and uses. The proposed project, subject to the recommended conditions of approval, meets the required development standards for the Professional Office Zone, including setbacks, height limitations, and parking requirements. 7. The project will not create a nuisance due to noise, litter, vandalism, traffic or other factors. Based upon the forgoing findings of fact, the Planning Commission further finds that: The proposed project will aid in the enhancement and the harmonious development of the immediate area. The establishment, maintenance, or operation of the uses will not be detrimental to the public health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of the project. 2. The proposed site is adequate in size and shape to accommodate the proposed uses and building. 3. The proposed project is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such use would generate. Planning Commission Resolution No. 3217 S 98-24 - 14419 S. Bascom Avenue Page 2 The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the ordinance of the City of Campbell and the State of California. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified: COMMUNITY DEVELOPMENT DEPARTMENT 1. Project Approval. Approval is granted for a Site and Architectural Review Permit (S 98-24) allowing redevelopment on property located at 14419 S. Bascom Avenue consisting of the following: A. Removal of the existing house and parking area. B. Construction of a two-story office building with ground floor of 2,190 gross square feet, plus a 12 vehicle parking lot, and a second floor of 2,740 square feet. Project approval shall substantially comply with project plans prepared by Greg W. Benton, Architect, dated 1-18- 99, except as modified by the Conditions of Approval contained herein. Parking. Prior to building occupancy, applicant shall record a covenant, running with the land, which shall restrict use of the building site to a maximum of 2 doctors/dentists. The covenant may indicate that this will not prevent the owner from petitioning the City to change the terms of the covenant, should the City parking requirements change, the square footage of the building be reduced, or should other changes occur which lessen the parking demand/requirement. The covenant may also provide that if the property owner desires to use the building for non-medical office use in the future, it must be demonstrated that the office use generates a parking demand (including employees and customers) that does not exceed the 12 parking spaces provided. The justification must be provided to the satisfaction of the Community Development Director. Landscaping and Sidewalks. Prior to submittal of plans for building permits, the applicant shall provide planting, hardscape and irrigation plans prepared by a Landscape Architect for City review and approval, which include, but are not limited to the following: A. Screening of any above ground utility and services accouterments, including, but not limited to trash enclosures, meters, transformers, and anti-siphon devices. B. The landscaping of all areas indicated on the approved site plans, to include street trees. C. Details of the design of the property line wall. Signage. No signage is approved as part of the development application approved herein. The applicant shall submit a master sign plan for the development. No sign shall be installed until such application is approved and a permit issued by the Community Development Director as specified in Chapter 21.53. of the Zoning Ordinance, and consistent with the standards for signing in the P-O Zoning District. 5. Construction Measures for Compatibility. The applicant shall implement the following measures to ensure that construction practices do not disturb surrounding streets and uses: Planning Commission Resolution No. 3217 S 98-24 - 14419 S. Bascom Avenue Page 3 o o The applicant shall submit a construction management plan to the City for review and approval. Such plan shall address the provision of adequate access to the surrounding parcels and for the public on the adjacent streets and sidewalks. A. Construction activities will be limited to daytime hours of 8:00 a.m. to 5:00 p.m. weekdays and 9:00 a.m. to 4:00 p.m. Saturdays. Construction is prohibited on Sundays and Holidays. Any exception to these times shall require an exception by the City Building Official. B. No pile driving is allowed for construction of the project. C. All internal combustion engines for construction shall be properly muffled and maintained. D. All stationary noise generating construction equipment, such as air compressors and portable power generators, will be located as far as practical from the existing residences located to the northeast, and the existing businesses and County Library. E. Soil management: All active construction areas shall be watered at least twice daily. All trucks hauling soil and other small materials shall be covered. All sidewalks, parking areas, driveways, adjacent streets and sidewalks shall be swept daily, as directed by the City Engineer. Any stockpiles of materials shall be treated so as to prevent their being blown, dragged, or otherwise carried off site. Erosion control measures shall be undertaken as directed by the City Engineer. Garbage Collection: The plans submitted for building permits shall include a masonry trash enclosure, finished and detailed to either match the building texture and colors, or match the masonry wall. If made of the wall material, the landscape plan shall include vines to be trained to cover the exterior of the enclosure. The enclosure shall included heavy gauge steel doors and heavy duty hinges, painted to match the building. The location, specifications and design for the enclosure shall be submitted for design review and approval by the Community Development Department (Planning Division, Building Division), the Fire District, and the City's scavenger company. The design shall meet requirements for the disposal of medical wastes. Appearance of Utilities: The developer shall be responsible to ensure that all utilities and utility boxes, pipes, meters, etc. shall be underground. Any portion of any utility system which cannot be placed underground shall be included on the site plan submitted for the building permit, with details indicating how they are to be screened from public view. A letter shall be submitted to the Community Development Director for approval containing detailed information regarding the reason why the particular unit cannot be accommodated underground. Said utilities shall include, but not be limited to backflow prevention devices, air conditioning equipment, gas meters, cable boxes, transformers, controllers and the like. Mechanical Equipment: No roof-mounted equipment is approved, except as submitted to and approved by the Community Development Director. Any such equipment must be shown to be screened from view in a manner which complements the building architecture. Any ground- mounted equipment visible to the public shall be screened with building materials similar to the building, subject to the approval of the Community Development Director. All roof vents shall be painted to match the roof. Planning Commission Resolution No. 3217 S 98-24 - 14419 S. Bascom Avenue Page 4 UBC, Building Permit: Building construction plans and permits shall be obtained, in compliance with the Uniform Building Code. The proposed use most closely resembles an office ('B') and a parking (S3") occupancy, Type VN constmction. SH3 i.) ii) A. Provide a one (1) hour separation between the occupancies. UBC T 3-B. Type VN, B occupancies require protected openings within ten (10) feet of the property line. Provide aA hour fire protection for openings on the north side of the building. UBC T 5-A. iii) The landing at the bottom of the northwest side stairway shall conform to UBC 1006.3 exc 2 for rise and run. iv) The intermediate step between landings in the south stairway for conformity. UBC 1006.7 v) All treads to be slip-resistant and striped. CAC D-7.2. B. SH 7 The skylights conform to UBC 2603.7.1 for maximum area, minimum separation and distance from property lines. C. SH 8,9 The elevations do not depict the northwest stairway. UBC 106.3.3. 10. Disability Access: The building shall be designed to provide access to disabled persons in accordance with the Uniform Building Code (UBC), the Uniform Federal Accessibility Standards (UFSA) and the federal Americans with Disabilities Act (ADA). Include a dedicated walkway from the disabled parking lot space to an elevator or route to the exterior of the building without traveling behind parked vehicles or within vehicle paths of travel. 11. Fireflow: A minimum fireflow of 1,750 gallons per minute at 20 pounds per square inch residual pressure is required. The required fireflow is available from area water mains. It is noted, however, that the existing available fire hydrants are not spaced adequately to deliver the required fire flow. 12. Public Fire Hydrant Required Provide public fire hydrant at location to be determined jointly by the Fire department and the San Jose Water Company. Maximum hydrant spacing shall be 250 feet, with a minimum single hydrant flow of 1500 GPM at 20 psi, residual. If area fire hydrants exist, reflect their locations on the civil drawings included with the building permit submittal. Required fees to be paid ASAP to prevent engineering delays. 13. Fire Apparatus (Engine) Access Roads Required. Provide access roadways with a paved all weather surface and a minimum unobstructed width of 20 feet, vertical clearance of 13 feet 6 inches, minimum turning radius of 36 feet outside and 23 feet inside, and a maximum slope of 15%. Installations shall conform with Fire department Standard Details and Specifications A-1. 14. Fire Lane Markings: Provide marking for all roadways within the project. Markings shall be per Fire department specifications. Installations shall also conform to Local Government Standard - Details and Specifications A-6. Planning Commission Resolution No. 3217 S 98-24 - 14419 S. Bascom Avenue Page 5 15. Parking Along Roadways: The required width of fire access roadways shall not be obstructed in any manner. Parking will not be allowed along roadways (driveways) which are less than 28 feet in width. Roadway width shall be measured face of curb to face of curb. 16. Fire Department Key Box: Provide an approved Fire Department key box and appropriate building keys. Installations shall conform with Fire Department Standard Detail and Specification K-1. 17. Preliminary Title Report: Prior to issuance of any grading or building permits for the site, the applicant shall provide a current Preliminary Title Report. 18. Street Improvements: Prior to issuance of any grading, drainage or building permits for the site, the applicant shall execute a street improvement agreement and shall cause plans for public street improvements to be prepared by a registered civil engineer, pay fees, post security and provide insurance necessary to obtain an encroachment permit for construction of the improvements, as required by the City Engineer. The plans shall include the following: a. Removal and disposal of existing concrete depressed curb and one existing substandard street light. b. Installation of curb and gutter, 10 foot commercial sidewalk, commercial driveway approach, and one street light. Installation of the street light may be deleted as determined by the City Engineer. c. Installation of tree wells, irrigation system, and street trees at 40 foot on center. d. Protection and/or replacement of all existing underground utilities, including signal interconnect conduits, street lighting conduits, and PG&E, PacBell, and TCI facilities. e. Construction of all conforms necessary to join existing improvements. f. Installation of traffic control signs and markings, as determined by the City Engineer. g. Installation of all existing and new water meters and sewer cleanouts on private property behind the public right-of-way line. h. Installation of 2 inch asphalt overlay from lip of gutter to street centerline along entire Bascom Avenue footage following utility cuts and installation. 19. Utilities: All new on-site utilities shall be installed underground per Section 20.36.150 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 company. 20. Utility Installation Plan: Prior to issuance of building permits, the applicant shall submit a Utility Installation Plan and Schedule for approval by the City Engineer for installation of all utilities. Streets which have been resurfaced within the previous 5 years will require boring and jacking for all new utility installations and will also require a pavement restoration plan for approval by the City Engineer prior to any utility installation. Planning Commission Resolution No. 3217 S 98-24 - 14419 S. Bascom Avenue Page 6 21. Maintenance Security: Prior to issuance of occupancy approval for the site, all public street improvements required by the street improvement agreement and the encroachment permit must be completed and accepted by the City and the applicant must provide a one-year Maintenance Security in an amount of 25% of the Faithful Performance Bond. 22. Grading and Drainage Plan: Prior to issuance of any grading, drainage or building permits for the site, the applicant shall conduct hydrology studies based on a 10 year storm frequency, prepare an engineered Grading and Drainage Plan, and pay fees required to obtain necessary grading permits. The plans shall comply with the 1994 edition of the UBC including Chapters 18, 33, and Appendix Chapter 33. 23. Storm Drain Area Fee: Prior to issuance of any grading, drainage, or building permits for the site, the applicant shall pay the required Storm Drain Area fee. The current fee is $ 2,500.00 per acre. 24. National Pollution Discharge Elimination System: Prior to issuance of any grading, drainage, or building permits, the applicant shall comply with the NPDES and Title 14 of the Municipal Code concerning storm water pollution control. 25. Site Plan: Prior to processing the formal application, the developer must submit a complete Site Plan, including the information listed on Attachment A of the Site and Architectural Review application and other appropriate information required by the City Engineer. 26. City of San Jose Permit: Any construction within the San Jose city limits will require a permit from that City. PASSED AND ADOPTED this 26th day of January, 1999, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Francois, Gibbons, Jones, Kearns, Lindstrom Lowe None None APPROVED: Brad Jones, Chair ATTEST · Steve Piasecki, Secretary Planning Commission Minutes of January 26, 1999 Page 2 PUBLIC HEARING Chairman Jones read Agenda Item No. 1 into the record. 1. S 98-24 Benton, G. Continued Public Hearing to consider the application of Mr. Greg Benton, on behalf of Dennis and Dora Wong, for a Site and Architectural Approval (S 98-24) to allow the construction of a new professional office building on property located at 14419 S. Bascom Avenue in a PO (Professional Office) Zoning District. A Negative Declaration is proposed for this project. Planning Commission decision final unless appealed in writing to the City Clerk within 10 days. Ms. Sharon Fierro, Senior Planner, presented the staff report as follows: · Advised that the applicant is seeking a Site and Architectural Approval to allow the construction of a two-story medical building on property located at 14419 S. B ascom Avenue which is located at the southern portion of the City of Campbell. · On November 7, 1998, Council approved an amendment to the General Plan and Zoning designations for this property from multi-family residential to professional office uses. · The project site is 11,000 square feet. The proposed building is 4,930 square feet, the first floor includes 2,190 square feet and the second includes 2,740 square feet. · The lot coverage is 30 percent, the Floor Area Ratio is .45 and the landscaping will cover 31 percent. · A single-family residence currently on the site will be demolished. · The new owners will occupy the second floor for their dentistry practice and rent out the first floor. · The project meets all development standards. There is a 48 foot rear yard setback. There are six spaces per dentist as required under the Parking Ordinance. · SARC reviewed this project at two meetings, December 22, 1998, and January 12, 1999. · Minor modifications to Conditions of Approval //9 (Building Division) and //18 (Public Works) have been distributed in memo format. The applicant is aware of these proposed changes. Commissioner Lowe questioned about the exterior stairs. Ms. Sharon Fierro replied that the issue is one of safety. The applicant will work with the Building Division to meet Uniform Building Code requirements. Commissioner Lowe asked why the need for a streetlight had not been made by Public Works. Ms. Sharon Fierro advised that when preparing Conditions of Approval for this project, the Public Works Department had determined that the streetlight was necessary. The applicant asked Planning Commission Minutes of January 26, 1999 Page 3 Public Works to reconsider this requirement. This Condition will allow the City Engineer to reconsider without delaying the approval. Commissioner Gibbons presented the Site and Architectural Review Committee report as follows: · SARC reviewed this project on December 22, 1998, and January 12, 1999 and was supportive. SARC appreciated the applicant's cooperation. Chairman Jones opened the Public Hearing for Agenda Item No. 1. Mr. Greg Benton, Project Architect: Stated that this project is the result of hard work on everyone's behalf. · Hoped that the Commission would find it acceptable and a nice addition to the City. · Advised that he is available for any questions about the project. Commissioner Lowe asked if they had looked at any other potential uses for this property. Mr. Greg Benton advised that the new owner is a dentist who plans to move his practice to this new building out of rented space he currently has on Bascom Avenue. Commissioner Francois expressed concern about the parking provided. Asked Mr. Benton if he felt there would be any problem with the amount of parking planned for the site. Mr. Greg Benton replied that he did not believe parking would be a problem. Commissioner Gibbons advised that parking was discussed in depth at SARC and that six spaces per dentist is the requirement under the Parking Ordinance. She added that health requirements in today's dental practice calls for more office space per dentist as the turnaround time in cleaning between patients takes more time. Therefore lots of patient treatment rooms are required. Ms. Sharon Fierro advised that she had surveyed other cities to determine standards for medical/dental uses and learned that Campbell's standard is similar or more stringent than other cities' standards. Chairman Jones asked what options the Commission has in evaluating the parking for this project. Mr. Steve Piasecki advised that the Commission must rely on the Ordinance when evaluating the parking requirements. Added that it is in the owner's interest to control the parking on his site. Said that the owner is required to record a Covenant which will limit the number of dentists on the site to two. Commissioner Lowe asked why a two-story structure was necessary. Planning Commission Minutes of January 26, 1999 Page 4 Mr. Steve Piasecki advised that the owner wants more space. A one-story building would also be dwarfed by the large massive structure which is adjacent. This is a very good plan which has been well thought out and the use should be good. Commissioner Francois stated that parking is his only concern about this project but said that the turnover of patients does not seem to be of concern to staff when evaluating the use and parking for the site. Commissioner Kearns said that she is supportive of the project and finds the proposed building to be a handsome one. Chairman Jones asked if the potential uses for the site are limited to dental. Mr. Steve Piascki advised that any office use that can conform with the required parking ratios could occupy this building. Ms. Sharon Fierro reminded that due to the changes in medical procedures some treatment rooms must be left vacant for 20 minutes while it is sanitized. This accounts for this dentist's square footage needs. Commissioner Gibbons reminded that the owner himself will occupy this building and he is willing to accept the restrictive requirement of the Covenant. It is in his interest to provide adequate parking. He has a lot at stake. Chairman Jones closed the Public Hearing for Agenda Item No. 1. Motion: Upon motion of Commissioner Kearns, seconded by Commissioner Lindstrom, the Planning Commission approved a Negative Declaration and adopted Resolution No. 3217 granting a Site and Architectural Approval (S 98-24) to allow the construction of a new two-story office building on property located at 14419 S. Bascom Avenue, by the following roll call vote: AYES: Francois, Gibbons, Jones, Kearns, Lindstrom NOES: Lowe ABSENT: None ABSTAIN: None Chairman Jones advised that this approval is final in 10 days unless appealed in writing to the City Clerk. 01-26-99 16:35 ~ 488~S8S849 GREG BENTON ~ 002 ~ '- Greg W. Benton, Architect 15102 Lynn Avenue Los Gatos, California 95032 (408) 358-9338 MEMORANDUM X Telephone o Meeting o Direction Cell: in o out X o Request o Site V~s~t Re: 14419 S. Bascom Ave. Office Building Date: 1/26/99 Name(s) Frank Mills Time: 3:05 pm & Company: City of Campbell Building Official RE: Conditions of Approval of File No. S 98-24 Frank and I discussed condition no. 9A-iv which proposes that the intermediate step between landings in the south stairway be eliminated. Frank mentioned that, while the location of the step is not prohibited by code, he was concerned that a step in this location may not be noticed as easily as the other steps in the stairs. I pointed out that the step was actually two risers, making it more noticeable and that I do not think there will be room for the stairs in this location if the intermediate steps are eliminated. We agreed that I would look for ways to eliminate the intermediate steps but, if that can not be done, would make sure these steps are striped or clearly marked in a distinguishing way and a continuous handrail is installed immediately adjacent to these steps. By: Greg W. Benton ¢c: Frank Mills, Owner, Planning Commission Pl~tss notify originator Immediately for any con~c#ons, omissions or deletions. ITEM NO. 1 STAFF REPORT -- PLANNING COMMISSION MEETING OF JANUARY 26, 1999 S 98-24 Benton, Greg Public Hearing to consider the application of Mr. Greg Benton, on behalf of Dr. Dennis and Dora Wong, for approval of a Site and Architectural Review Permit (S 98-24) to allow the construction of a two-story office building for use as dental offices on property located at 14419 S. Bascom Avenue in a PO (Professional Office) Zoning District. STAFF RECOMMENDATION That the Planning Commission take the following action: 1. Grant a Negative Declaration for this project; and 2. Adopt a Resolution, incorporation the attached findings, approving a Site and Architectural Review Permit, subject to the attached conditions of approval. ENVIRONMENTAL DETERMINATION An initial study was prepared for this project which concludes that there are no significant environmental impacts associated with this project. Consequently, a Negative Declaration is recommended in accordance with Section 15074(b) of the California Environmental Quality Act (CEQA) Guidelines. PROJECT DATA Site Area: Building Area: First floor: Second floor: Building coverage: Floor Area Ratio: Landscaping: Paving: Parking: Required: Provided: 11,023 square feet (net) 4,930 square feet 2,190 square feet 2,740 square feet 30.2% .45 31.5% 46.1% 3,330 square feet (includes cantilevered areas) 3,474 square feet 5,083 square feet 6 spaces per doctor (dentist) 12 spaces (8 standards, 3 compact, 1 handicap) Surrounding Land Uses: North: Medical Offices West: Single Family Residential South: Offices East: Commercial (across Bascom Avenue), San Jose Staff Report -- Planning, Commission Meeting of January 26, 1 ~ ~) S 98-24 -- 14419 S. Bascom Avenue Page 2 DISCUSSION Background: The City Council, on November 17, 1998 approved the Wong's request for a General Plan amendment for the subject property from High Density Residential (21-27 units per gross acre) to Professional Office, and a Zone Change from R-3 (Multiple Family Residential) to PO (Professional Office). Application: The applicants are requesting approval of a Site and Architectural Review Permit to allow the demolition of a single family structure, and to construct a two-story medical office building with 12 parking spaces. A Site and Architectural Review Permit is required for construction in the Professional Office Zone. ANALYSIS General Plan and Zoning: As noted above, a General Plan amendment and Zone change have been approved for this parcel. The proposed office building use is consistent with the new designations. Use: The applicant plans to move his dental practice from his present office location at 14525 S. Bascom Avenue to the second floor of the proposed building, and to lease the first floor to another dentist. The floor plan indicates six dental chairs for Dr. Wong's practice. The need for this number of chairs is the result of procedures to meet regulations for prevention of the spread of diseases, the work of a part-time dental hygienist, and the fact that Dr. Wong also performs specialty types of dental work. No floor plan is available for the first floor as this space has not as yet been leased. Parking: For general (non-medical) office space, 1 parking space per 225 square feet of gross floor area is required to be provided. Based upon this figure, the 4,930 square foot building would require 22 parking spaces. For medical office space, 6 parking spaces per doctor are required. The plan proposes the provision of 12 parking spaces. The applicant stated he is willing to record a covenant, running with the land, which restricts the use of the building to a maximum of 2 medical doctors or dentists. The City received 3 letters from adjacent businesses/property owners expressing a concern about parking adequacy (Attachments 4-6). Site Layout: The site plan indicates a driveway along the south property line leading to a parking area behind the building, with 4 of the 12 spaces located under the building. The building has a 15 foot setback from the front property line, a 48 foot setback from the rear, a 6 foot setback from the north side property line and a 22.5 foot setback from the south. Therefore, the building is closest to the 2.5 story medical building to the north, with the largest setback provided next to the residential property to the rear. Building Design: The building form follows the form of the lot, which is a rectangle cut at an angle by the street. The rectangular form of the two-story building is individualized by the use of gentle curves on portions of the building, including the street side wall, the rear portion of the south wall, the roof of the one-story building area along the north side, the wall of the balcony landing of the main stairway, and on the screen for the rooftop equipment. Staff Report -- Planning; Commission Meeting of January 26, 1 ~9 S 98-24 -- 14419 S. Bascom Avenue Page 3 The patients' entry is from the south side, with an employee entry to the rear. The building facade is stucco panels, with windows and an accent band above them recessed 2 inches. The parapet roofline incorporates a slight curve on the top of the from wall. The main color of the building is a warm cream with light brown trim, and a rust accent above the windows. Window mullions and frame are dark brown. Landscaping: Landscaping is provided in the front 15 foot setback and along the side and rear of the property. There are no significant trees to be preserved. Site and Architectural Review Committee: The Site and Architectural Committee reviewed the design at the December 22, 1998 meeting and made several suggestions. The revised design was reviewed by the Committee on January 12, 1999. The Committee recommended approval subject to a revision in the area under the main entry stairs to provide a landscaped feature and visibility. The revised drawings (dated 1-18-99) in the Planning Commission packet reflect this change. Attachment 1. Findings for approval of S 98-24. 2. Conditions of approval for S 98-24. 3. Initial Study. 4. Letter from Kenneth Follmar, DDS, 14511 S. Bascom Ave.(parcels to south and west). 5. Letter from David Harris, MD, 3803 S. Bascom Avenue (parcel to the north). 6. Letter from F. Richard Noodleman, MD, 3803 Bascom Avenue. 7. Exhibits. 8. Location Map. Prepared by: Approved by: p(ar~ara Schoetz Ryafl, Plfinner I Sharon Fierro, Senior Planner Attachment 1 FINDINGS FOR APPROVAL OF S 98-24 SITE ADDRESS: 14419 S. BASCOM AVENUE APPLICANT: GREG BENTON FOR DR. DENNIS AND DORA WONG P.C. MEETING: JANUARY 26, 1999 Findings for Approval of a Site and Architectural Review Permit to allow a two-stow medical office building on property located at 14419 S. Bascom Avenue. The Planning Commission finds as follows with regard to File Number S 98-24: 1. An Initial Study was prepared for this project which concludes there are no significant environmental impacts and a Negative Declaration has thus been prepared. 2. The medical office proposal is consistent with the office General Plan designation and the P-O (Professional Office) Zoning for the site. 3. The proposed building and parking facilities, subject to the recommended conditions of approval, will result in a project which integrates the project with the surrounding uses. 4. Adequate circulation has been provided on site, and the site is so located on a public street to accommodate the estimated traffic associated with the project. 5. The proposed project is well sited and designed to be compatible with the surrounding buildings and uses. o The proposed project, subject to the recommended conditions of approval, meets the required development standards for the Professional Office Zone, including setbacks, height limitations, and parking requirements. 7. The project will not create a nuisance due to noise, litter, vandalism, traffic or other factors. Based upon the forgoing findings of fact, the Planning Commission further finds that: The proposed project will aid in the enhancement and the harmonious development of the immediate area. The establishment, maintenance, or operation of the uses will not be detrimental to the public health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of the project. 2. The proposed site is adequate in size and shape to accommodate the proposed uses and building. 3. The proposed project is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such use would generate. Attachment 2 CONDITIONS OF APPROVAL FOR FILE NO. S 98-24 SITE ADDRESS: 14419 S. BASCOM AVENUE APPLICANT: GREG BENTON FOR DR. DENNIS AND DORA WONG P.C. MEETING: JANUARY 26, 1999 The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the Ordinances of the City of Campbell and the State of California. Where applicable, the lead department with which at the applicant will work is identified on each condition. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. COMMUNITY DEVELOPMENT DEPARTMENT Project Approval. Approval is granted for a Site and Architectural Review Permit (S 98- 24) allowing redevelopment on property located at 14419 S. Bascom Avenue consisting of the following: A. Removal of the existing house and parking area. B. Construction of a two-story office building with ground floor of 2,190 gross square feet, plus a 12 vehicle parking lot, and a second floor of 2,740 square feet. Project approval shall substantially comply with project plans prepared by Greg W. Benton, Architect, dated 1-18-99, except as modified by the Conditions of Approval contained herein. Parking. Prior to building occupancy, applicant shall record a covenant, running with the land, which shall restrict use of the building site to a maximum of 2 doctors/dentists. The covenant may indicate that this will not prevent the owner from petitioning the City to change the terms of the covenant, should the City parking requirements change, the square footage of the building be reduced, or should other changes occur which lessen the parking demand/requirement. The covenant may also provide that if the property owner desires to use the building for non-medical office use in the future, it must be demonstrated that the office use generates a parking demand (including employees and customers) that does not exceed the 12 parking spaces provided. The justification must be provided to the satisfaction of the Community Development Director. Landscaping and Sidewalks. Prior to submittal of plans for building permits, the applicant shall provide planting, hardscape and irrigation plans prepared by a Landscape Architect for City review and approval, which include, but are not limited to the following: A. Screening of any above ground utility and services accouterments, including, but not limited to trash enclosures, meters, transformers, and anti-siphon devices. B. The landscaping of all areas indicated on the approved site plans, to include street trees. C. Details of the design of the property line wall. Attachment #3 ENVIRONMENTAL ASSESSMENT FOR A PROPOSED TWO-STORY OFFICE BUILDING AT 14419 S. BASCOM AVENUE CITY OF CAMPBELL CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) INITIAL STUDY This initial study shall document the evaluation required by CEQA. It will include findings as to whether or not the proposed project would have a significant impact upon the environment. DESCRIPTION OF THE PROJECT The proposed project is a two-story, 3,330 square foot office building to be located on the west side of S. Bascom Avenue, one parcel north of While Oak Avenue; Assessor Parcel No. 414-44-005. The building will have one medical office on each floor, with 12 parking spaces under and behind the building. The project will replace an 1,856 square foot house. There are no significant trees on the site. To the north is a 2.5 story medical cefiter, and to the south, a one story office building. To the southwest, on White Oaks Road, is a 1.5 story office building, and to the west, a single family residence. Ae Project Address 14419 S. Bascom Avenue, Los Gatos, CA 95032 Assessor Parcel Number 414-44-005 B. Application Number S 98-24 Ce Lead Agency Name and Address City of Campbell Community Development Department 70 N. First Street Campbell, CA 95008 De Contact Person Barbara Ryan (408) 866-2193 Project Sponsor's Name and Address Greg W. Benton, architect representing property owners: 15102 Lynn Avenue Dr. Dennis and Dora Wong Los Gatos, CA 95032 14525 S. Bascom Avenue Los Gatos, CA 95032 General Plan Designation and Zoning General Plan: Professional Office Zoning: PO (Professional Office) G. Location of Project West side of S. Bascom Avenue, one parcel north of the intersection with White Oaks Road. II. ENVIRONMENTAL CHECI~IST Yes Significant WILL THE PROPOSED PROJECT Unless No Infor- RESULT IN THE FOLLOV~rlNG No Not It Is Apparent Cum- mation ENVIRONMENTAL EFFECTS: Impact Significant Mitigated Mitigation ulative Sources A. LAND USE AND PLANNING: 1. Result in conflicts with existing General x o o o o 2,3, Plan designation or zoning. 2. Result in conflicts with environmental plans or x o o o o 1,2 policies adopted by agencies with jurisdiction over the project. 3. Affect agricultural resources or operations x o o o o 3 (e.g., impacts to soils or farm lands). 4. Disrupt or divide the physical x o o o o 2,3 arrangement of an established community. B. POPULATION AND HOUSING: 1. Cummulatively exceed official regional or local x o o o o 2,3 population projections. 2. Induce substantial growth in an area either x o o o o 2,3 directly or indirectly (e.g., through projects in undeveloped areas or infrastructure expansion). 3. Displace existing housing, especially x o o o o 2,3 affordable housing. C. GEOPHYSICAL: 1. Result in, or expose people to, fault rupture, x o o o o 2,3 2. Result in, or expose people to ground x o o o o . 2,3 shaking or liquifaction. 3. Result in, or expose people to seismic x o o o o 2,3 seiche or tsunami. 4. Result in, or expose people to, landslides or x o o o o 2,3 or mudslides 5. Result in erosion, changes to topography, or x o o o o 2 unstable conditions from excavation or grading. 6. Result in, or expose people to subsidence x o o o o 3 of the land. Page 1 II. ENVIRONMENTAL CHECKLIST Yes Significant Significant i WILL THE PROPOSED PROJECT Unless No Infor- RESULT IN THE FOLLO~ZING No Not It ls Apparent Cum- marion ENVIRONMENTAL EFFECTS: Impact Significant Mitigated Mitigation ulative Sources 7. Result in, or expose people to, expansive soils, x o o o o 3 8. Affect unique geologic or physical features, x o o o o 3 D. WATER: 1. Change absorption rates, drainage patterns, o X o o o 2,3 or the rate and amount of surface runoff. 2. Expose people or property to water related x o o o o 3 hazards such as flooding. 3. Discharge into surface waters or other alter- x o o o o 2,3 ation of surface water quality. 4. Change the amount of surface water in any x o o o o ,3 water body. 5. Change currents or the course or direction of x o o o o 2,3 water movements. 6. Change the quantity of ground water, either x o o o o 2,3 through direct additions or withdrawals, or through interception of an aquifer by cuts. 7. Alter direction or rate of flow of ground water, x o o o o 2,3 8. Adversely effect ground water quality, x o o o o 2,3 E. AIR QUALITY: 1. Violate any air quality standard or contribute x o o o o 1,2,3 to an existing or projected air quality violation. 2. Expose sensitive receptors to pollutants, x o o o o 2 3. Alter air movement, moisture, or temperature, x o o o o 2 or cause any change in climate. 4. Create objectionable odors, x o o o o 2 F. TRANSPORTATION AND CIRCULATION: 1. Increase vehicle trips or traffic congestion, x o o o o 2,3 2. Create safety hazards from design features x o o o o 2,3 (i.e., sharp curves or dangerous intersections) or from incompatible uses. Page 2 II. ENVIRONMENTAL CHECKLIST Yes Significant Significant WILL THE PROPOSED PROJECT Unless No Infor- RESULT IN THE FOLLOWING No Not It Is Apparent Cum- mation ENVIRONMENTAL EFFECTS: Impact Significant Mitigated Mitigation ulative Sources 3. Obstruct emergency access to nearby uses. x o o o o 2,3 4. Provide insufficient parking capacity, o o x o o 2,3 5. Create hazards for pedestrians/bicyclists, x o o o o 2 6. Conflict with adopted policies supporting x o o o o 2,3 alternative transportation. 7. Affect rail, waterborne, or air traffic impacts, x o o o o 2,3 G. BIOLOGICAL IMPACTS: 1. Disturb any endangered, threatened, or rare x o o o o 2,3 species or their habitats (e.g., plants, fish, insects, animals, and birds). 2. Affect or eliminate heritage trees, x o o o o 2,3 3. Affect locally designated natural communities x o o o o 2,3 (e.g., Shoreline). 4. Disturb wetland habitats (e.g., fresh and x o o o o 2,3 saltwater marshes, and riparian comdors). 5. Affect dispersal or migration corridors, x o o o o 2,3 H. ENERGY AND MINERAL RESOURCES: 1. Create conflicts with adopted energy x o o o o 1,2,3 conservation plans. 2. Use non-renewable resources in a wasteful and x o o o o o 1,2 inefficient manner. I. HAZARDS: 1. Create a risk of accidental explosion or release x o o o o 2 of hazardous substances (e.g., oil, pesticides, chemicals, or radiation). 2. Interfere with an emergency response or x o o o o 2 evacuation plan. 3. Create any health hazard or potential x o o o o 2 health hazard. Page 3 II. ENVIRONMENTAL CHECKLIST Yes Significant Significant WILL THE PROPOSED PROJECT Unless No Infor- RESULT IN THE FOLLOWING No Not It Is Apparent Cum- mation ENVIRONMENTAL EFFECTS: Impact Significant Mitigated Mitigation ulative Sources 4. Expose people to existing sources of potential x o o o o 2,3 health hazards. 5. Increase fire hazards in areas with flammable x o o o o 2,3 brash, grass or trees. J. NOISE: 1. Increase existing noise levels, x o o o o 2,3 2. Expose people to severe noise levels, x o o o o ' 2,3 K. PUBLIC SERVICES: 1. Create a need for new or altered fire protection, x o o o o 2 2. Create a need for new or altered police services, x o o o o 2 3. Create a need for new or altered school services, x o o o o 2 4. Require increased maintenance services, x o o o o 2,3 5. Create a need for new governmental services, o x o o o 2,4 L. UTILITIES AND SERVICE SYSTEMS: 1. Create a need for new or altered power or x o o o o 2,3 natural gas systems. 2. Create a need for new communication systems, x o o o o 2,3 3. Require new or altered water treatment or x o o o o 2,3 distribution facilities. , 4. Create a need for new or altered sewer service, x o o o o 2,3 5. Require new or altered storm water drainage, x o o o o 2,3 6. Require new or altered solid waste disposal, x o o o o 2,3 M. AESTHETICS: 1. Affect a scenic vista or scenic highway, x o o o o 2,3 2. Have a demonstrable negative aesthetic effect, x o o o o 2 3. Create light or glare, x o o o o 2 Page 4 II. ENVIRONMENTAL CHECKLIST Yes Significant Significant WILL THE PROPOSED PROJECT Unless No Infor- RESULT IN THE FOLLOVv'ING No Not It Is Apparent Cum- marion ENVIRONMENTAL EFFECTS: Impact Significant Mitigated Mitigation ulative Sources N. CULTURAL RESOURCES: 1. Disturbance of paleontological resources, x o o o o 2,3 2. Disturbance of archaeological resources, x o o o o 2,3 3. Affect historical resources, x o o o o 2,3 4. Affect unique ethnic cultural values, x o o o o 2,3 5. Restrict existing religious or sacred uses within x o o o o 2,3 the potential impact area. O. RECREATION: 1. Increase in demand for parks or other x o o o o 2 recreational facilities. 2. Affect existing recreational opportunities, x o o o o 2 P. MANDATORY FINDINGS OF SIGNIFICANCE: 1. Does the project have the potential to degrade x o o o o the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to elim- inate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of California history? 2. Does the project have the potential to achieve x o o o o~ short-term, to the disadvantage of long-term, environmental goals? 3. Does the project have impacts that are x o o o individually limited, but cumulatively considerable? 4. Does the project have environmental effects x o o o o that will cause substantial adverse effects on human beings, either directly or indirectly? Page 5 1. CEQA Guidelines - 2. Project Plans prepared by Greg Benton 12.23.98 3. Campbell General Plan, Zoning Ordinance II. RESPONSES TO ENVIRONMENTAL CHECKLIST The following explanations are keyed to the letter of the item contained m the Environmental Checklist. De Water The parcel presently contains a single family house structure with a deep front yard which has been paved. The proposed site plan will increase the amount of impermeable coverage only slightly, as the front 15 feet+ of the parcel, and the perimeter will be landscaped in planting. Transportation The proposed square footage of the building would require the provision of 15 parking spaces if the use of the building were general office. The building is proposed to be used for two dentist, one on each floor, which requires 12 spaces under the City Zoning Ordinance. The approval of the building will be conditioned upon the recordation of a covenant limiting the use of the building to a maximum of two doctors. Government Services The project will require an increase in city services due to the increase in square footage, use and area. The increase is not significant. P. MANDATORY FINDINGS OF SIGNIFICANCE 1. As discussed above, this project does not have the potential to significantly degrade the quality of the environment, including effects on animals or plants, or to eliminate historic or prehistoric sites. 2. As discussed above, both short and long-term environmental effects associated with this project will be less than significant. 3. When impacts associated with this project are considered alone or in combination with impacts of other projects, they are not significant. 4. The above discussions do not identify any substantial adverse impacts to people as a result of this project. V. DETERMINATION X The proposed project COULD NOT have any significant effect on the environment, and a NEGATIVE DECLARATION is hereby adopted. Although the project as proposed could have had a significant effect on the environment, .ther~ will not be any in this case because measures to mitigate those effects have been added to the project, and therefore, a MITIGATED NEGATIVE DECLARATION is hereby adopted. The proposed project MAY have a significant effect on the environment, and therefore an ENVIRONMENTAL IMPACT REPORT is required. For Steve Piasecki, Date Community Development Director KENNETH E. FOLLMAR, D.D.S., M.S.D. KENNETH E. FOLLMAR, II. D.D.S.. INC. Attachment (408) 356-3146 January 5, 1999 City of Campbell Community Development Dept. Current Planning 70 North First Street Campbell Ca 95008 Re: File No. S 98-24 14419 S Bascom Ave. Campbell, Ca 95008 Att: Steve Piasecki CITY OF CAMP/~EL[, P~NNiNG DEPT. Dear Mr. Piasecki: I would like to question the parking situation regarding the new professional office building being considered for the property located at 14419 S. Bascom Ave., Campbell, Ca. 95008. There is insufficient parking lot availability and also insufficient street parking for the existing professional offices. I feel the traffic and parking problem would be exacerbated by the building of a new professional office building. .- I urge that this be reviewed in light of the parking situation. Sincerely, / ~v-~.,.~v Kenneth E. Follmar II, D.D.S. KEF/pv AGE L)E TOLOGY ^ MEDIC,~ c~ Attachment January 6, 1999 Steven Piasecki Planning Commission City of Campbell 70 North First Street Campbell, CA 95008 RE: File Number S98-24 Address: 14419 S. Bascom Avenue Dear Mr. Piasecki: ! am a tenant at 3803 S. Bascom Avenue, the medical building adjacent to the proposed new medical building Project Number S98-24 at 14419 S. Bascom. My concerns with the proposed new building are parking spaces for both facilities. It is quite that of adequate proposed new building does not provide sufficient clear that if the its own needs, the clientele will find parking spaces in our lot next door. parking space for We have only enough spaces for those patients who are seeing physicians in our building. An inadequately designed parking facility adjacent to ours will add chaos to the problem of ade~ate parking in our area. I understand that this project is up for review and that there will be a public hearing in close proximity to your receiving this letter. I would be pleased to discuss any issues concerning this matter with you personally. My personal phone number is 369-4204. Thank you for your thoughtful consideration in this matter. Sincere~ yours~ David R. Harris, M.D. vb DAVID R. HARRIS, M.D., INC. E R~CHARD NOODLEMAN, M.D., INC. Diplomates American Board of Dermatology 3803 S. Baseom Avenue, Suite 200 * Campbell, California 95008 * 408-559-0988 · F~LX 408-3fi9-42(i3 A GE E)EFYING iERJV TOLOGY A MEDICAL C~ Attachment #6 January 5, 1999 Steve Piasecki Planning Commission, City of Campbell 70 North First St Campbell, Ca 95008 Re: File No. S 98-24 Address: 14419 S. Bascom Ave Dear Mr. Piasecki: I am writing in response to your notice of a public hearing about this project on January 12, 1999. I will be unable to attend but will share my thoughts in written form. I am one of the physician owners/tenants in the medical building at 3803 S Bascom Ave which is adjacent to the S 98-24 project on the north side. My concerns involve parking for this proposed new building. There are times when our parking lot is full, not only with our patients and staff, but also with cars from other nearby buildings. Parking in this area is tight, and any new projects should be required to provide ample designated parking space for their own needs. Please keep me updated as review of this project progresses. I received notice of the public hearing indirectly and would appreciate being added to your mailing list. I would be happy to discuss my concerns if you wish to call me at 369-4203. Thank you for your attention to this matter. DAVID R. HARRIS, M.D., INC. ~. RICHARD NOODLEMAN, M.D., INC. Diplomates ~4 merican Board of Dermatology 3803 S. Bas('om Avenue, Suite 200 · Campbell, California 9500~5 * 408-559-09815 · ~ax 408-369-426:5 Sincerely, F. Richard Noodleman, MD 6t'O~:-gg£ (gOt') xeJ 9££6'96[ ~066 YD 'soleo eO'l enue,,,y uu*{~ 1301!q3,¥ 'uoluo8 'M §eJ~ g!uJoJ!leD 'lleqdmeo u~ 6u!pl!n;] e3.~jO leUO.SSeioJd ~e; :~nN3AY WOOSY~! 'S b~td~l, Attachment #7 LLJ Z UJ Z LLI Z CONDITIONS OF APPROVAL OF FILE NO. S 98-24 Page 2 Signage. No signage is approved as part of the development application approved herein. The applicant shall submit a master sign plan for the development. No sign shall be installed until such application is approved and a permit issued by the Community Development Director as specified in Chapter 21.53. of the Zoning Ordinance, and consistent with the standards for signing in the P-O Zoning District. Construction Measures for Compatibility. The applicant shall implement the following measures to ensure that construction practices do not disturb surrounding streets and uses: A. The applicant shall submit a construction management plan to the City for review and approval. Such plan shall address the provision of adequate access to the surrounding parcels and for the public on the adjacent streets and sidewalks. B. Construction activities will be limited to daytime hours of 8:00 a.m. to 5:00 p.m. weekdays and 9:00 a.m. to 4:00 p.m. Saturdays. Construction is prohibited on Sundays and Holidays. Any exception to these times shall require an exception by the City Building Official. C. No pile driving is allowed for construction of the project. D. All internal combustion engines for construction shall be properly muffled and maintained. E. All stationary noise generating construction equipment, such as air compressors and portable power generators, will be located as far as practical from the existing residences located to the northeast, and the existing businesses and County Library. F. Soil management: All active construction areas shall be watered at least twice daily. All trucks hauling soil and other small materials shall be covered. All sidewalks, parking areas, driveways, adjacent streets and sidewalks shall be swept daily, as directed by the City Engineer. Any stockpiles of materials shall be treated so as to prevent their being blown, dragged, or otherwise carded off site. Erosion control measures shall be undertaken as directed by the City Engineer. Garbage Collection: The plans submitted for building permits shall include a masonry trash enclosure, finished and detailed to either match the building texture and colors, or match the masonry wall. If made of the wall material, the landscape plan shall include vines to be trained to cover the exterior of the enclosure. The enclosure shall included heavy gauge steel doors and heavy duty hinges, painted to match the building. The location, specifications and design for the enclosure shall be submitted for design review and approval by the Community Development Department (Planning Division, Building Division), the Fire District, and the City's scavenger company. The design shall meet requirements for the disposal of medical wastes. CONDITIONS OF APPROVAL OF FILE NO. S 98-24 Page 3 Appearance of Utilities: The developer shall be responsible to ensure that all utilities and utility boxes, pipes, meters, etc. shall be underground. Any portion of any utility system which cannot be placed underground shall be included on the site plan submitted for the building permit, with details indicating how they are to be screened from public view. A letter shall be submitted to the Community Development Director for approval containing detailed information regarding the reason why the particular unit cannot be accommodated underground. Said utilities shall include, but not be limited to backflow prevention devices, air conditioning equipment, gas meters, cable boxes, transformers, controllers and the like. o Mechanical Equipment: No roof-mounted equipment is approved, except as submitted to and approved by the Community Development Director. Any such equipment must be shown to be screened from view in a manner which complements the building architecture. Any ground-mounted equipment visible to the public shall be screened with building materials similar to the building, subject to the approval of the Community Development Director. All roof vents shall be painted to match the roof. UBC, Building Permit: Building construction plans and permits shall be obtained, in compliance with the Uniform Building Code. The proposed use most closely resembles an office ('B') and a parking (S3") occupancy, Type VN construction. A. SH3 i.) Provide a one (1) hour separation between the occupancies. UBC T 3-B. ii) Type VN, B occupancies require protected openings within ten (10) feet of the property line. Provide 3//4 hour fire protection for openings on the north side of the building. UBC T 5-A. iii) The landing at the bottom of the northwest side stairway conforms to UBC 1006.3 exc 2 for rise and run. iv) Eliminate the intermediate step between landings in the south stairway for conformity. UBC 1006.7 v) All treads to be slip-resistant and striped. CAC D-7.2. B. SH 7 The skylights conform to UBC 2603.7.1 for maximum area, minimum separation and distance from property lines. C. SH 8,9 The elevations do not depict the northwest stairway. UBC 106.3.3. 10. Disability Access: The building shall be designed to provide access to disabled persons in accordance with the Uniform Building Code (UBC), the Uniform Federal Accessibility Standards (UFSA) and the federal Americans with Disabilities Act (ADA). Include a dedicated walkway from the disabled parking lot space to an elevator or route to the exterior of the building without traveling behind parked vehicles or within vehicle paths of travel. 11. Fireflow: A minimum fireflow of 1,750 gallons per minute at 20 pounds per square inch residual pressure is required. The required fireflow is available from area water mains. It is noted, however, that the existing available fire hydrants are not spaced adequately to deliver the required fire flow. CONDITIONS OF APPROVAL OF FILE NO. S 98-24 Page 4 12. Public Fire Hydrant Required Provide public fire hydrant at location to be determined jointly by the Fire department and the San Jose Water Company. Maximum hydrant spacing shall be 250 feet, with a minimum single hydrant flow of 1500 GPM at 20 psi, residual. If area fire hydrants exist, reflect their locations on the civil drawings included with the building permit submittal. Required fees to be paid ASAP to prevent engineering delays. 13. Fire Apparatus (Engine) Access Roads Required. Provide access roadways with a paved all weather surface and a minimum unobstructed width of 20 feet, vertical clearance of 13 feet 6 inches, minimum turning radius of 36 feet outside and 23 feet inside, and a maximum slope of 15%. Installations shall conform with Fire department Standard Details and Specifications A-1. 14. Fire Lane Markings: Provide marking for all roadways within the project. Markings shall be per Fire department specifications. Installations shall also conform to Local Government Standard Details and Specifications A-6. 15. Parking Along Roadways: The required width of fire access roadways shall not be obstructed in any manner. Parking will not be allowed along roadways (driveways) which are less than 28 feet in width. Roadway width shall be measured face of curb to face of curb. 16. Fire Department Key Box: Provide an approved Fire Department key box and appropriate building keys. Installations shall conform with Fire Department Standard Detail and Specification K- 1. 17. Preliminary_ Title Report: Prior to issuance of any grading or building permits for the site, the applicant shall provide a current Preliminary Title Report. 18. Street Improvements: Prior to issuance of any grading, drainage or building permits for the site, the applicant shall execute a street improvement agreement and shall cause plans for public street improvements to be prepared by a registered civil engineer, pay fees, post security and provide insurance necessary to obtain an encroachment permit for construction of the improvements, as required by the City Engineer. The plans shall include the following: a. Removal and disposal of existing concrete depressed curb and one existing substandard street light. b. Installation of curb and gutter, 10 foot commercial sidewalk, commercial driveway approach, and one street light. c. Installation of tree wells, irrigation system, and street trees at 40 foot on center. d. Protection and/or replacement of all existing underground utilities, including signal interconnect conduits, street lighting conduits, and PG&E, PacBell, and TCI facilities. e. Construction of all conforms necessary to join existing improvements. CONDITIONS OF APPROVAL OF FILE NO. S 98-24 Page 5 f. Installation of traffic control signs and markings, as determined by the City Engineer. g. Installation of all existing and new water meters and sewer cleanouts on private property behind the public right-of-way line. h. Installation of 2 inch asphalt overlay from lip of gutter to street centerline along entire Bascom Avenue footage following utility cuts and installation. 19. Utilities: All new on-site utilities shall be installed underground per Section 20.36.150 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 company. 20. Utility Installation Plan: Prior to issuance of building permits, the applicant shall submit a Utility Installation Plan and Schedule for approval by the City Engineer for installation of all utilities. Streets which have been resurfaced within the previous 5 years will require boring and jacking for all new utility installations and will also require a pavement restoration plan for approval by the City Engineer prior to any utility installation. 21. Maintenance Security: Prior to issuance of occupancy approval for the site, all public street improvements required by the street improvement agreement and the encroachment permit must be completed and accepted by the City and the applicant must provide a one-year Maintenance Security in an amount of 25% of the Faithful Performance Bond. 22. Grading and Drainage Plan: Prior to issuance of any grading, drainage or building permits for the site, the applicant shall conduct hydrology studies based on a 10 year storm frequency, prepare an engineered Grading and Drainage Plan, and pay fees required to obtain necessary grading permits. The plans shall comply with the 1994 edition of the UBC including Chapters 18, 33, and Appendix Chapter 33. 23. Storm Drain Area Fee: Prior to issuance of any grading, drainage, or building permits for the site, the applicant shall pay the required Storm Drain Area fee. The current fee is $ 2,500.00 per acre. 24. National Pollution Discharge Elimination System: Prior to issuance of any grading, drainage, or building permits, the applicant shall comply with the NPDES and Title 14 of the Municipal Code concerning storm water pollution control. 25. Site Plan: Prior to processing the formal application, the developer must submit a complete Site Plan, including the information listed on Attachment A of the Site and Architectural Review application and other appropriate information required by the City Engineer. 26. City of San Jose Permit: Any construction within the San Jose city limits will require a permit from that City. Z UJ 0 m ~oa~!qo~¥ 'uolua8 'AA [ia, e!uJOJ!le:::) 'lleqduJe:~ u! I~ulPl.n~ eo!HO leuo!ssejoJd MeN 3nNgA¥ IN03S¥8 'S ~. Z eluJoj.le~) 'lleqdumD Z£096 YD'~ote9 sol enueAv UUA~ ~Otgt u! 6u!pl!nlg eo!~jO leUO.SSejOJd ~eN / / ~,o~l!qoJv 'uolu~8 'N~ §~JD =InN=lAY eiOOSV8 'S