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Site & Arch/Use Permit - 2004April 27, 2005 Mr. Rex McLean 379 Church Street, #20 I San Francisco, CA 94114 Re: PLN2004-151/152 & PLN2005-32 - 330 E. Hamilton Avenue Site and Architectural Review Permitlfree Removal Permit Dear Applicant: Please be advised that at its meeting of April 26, 2005, the Planning Commission took the following actions: 1. Adopted Resolution No. 3645 adopting a Mitigated Negative Declaration; 2. Adopted Resolution No. 3646 approving a Site and Architectural Review Permit (pLN2004-151) and Conditional Use Permit (PLN2004-152) to allow the construction of a new multi-tenant retail building; and 3. Adopted Resolution No. 3647 granting a Tree Removal Permit (pLN2005-32) to allow the removal of seven protected trees on the above-reference property. This action is effective in ten calendar days, unless appealed in writing to the City Clerk by 5 p.m. on Friday, May 6, 2005. The time within which judicial review of this action must be sought is governed by Section 1094.6 of the California Code of Civil Procedure, unless another statute (such as California Government Code Section 65009 or some other applicable provision) sets forth a more specific time period. If you have any questions, please do not hesitate to contact me at (408) 866-2140. Sincerely, Associate Planner Cc: Ed Arango, Public Works Frank Mills, Building Chris Veargason, County Fire Two-Forty Associates, LP (property Owners) David F. Bolger, General Partner c/o Bolger & Co., Inc. 79 Chestnut Street Ridgewood,NJ 07450 John V. Page, Sr., Project Manager E.A. Davidovits & Co., Inc. 555 Price Avenue, Suite 200 Redwood City, CA 94063 70 North First Street. Campbell, California 95008-1436 . TEL 408.866.2140 . FAX 408.871.5140 . TOD 408.866.2790 RESOLUTION NO. 3645 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL ADOPTING A MITIGATED NEGATIVE DECLARATION FOR THE PROJECT LOCATED AT 330 E. HAMILTON AVENUE. After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the Planning Commission did determine that the adoption of a Mitigated Negative Declaration is warranted based upon the following findings: The Planning Commission finds as follows with regard to the Mitigated Negative Declaration: 1. An Initial Study has been prepared for the Hamilton Project, which provides documentation for the factual basis for concluding that a Mitigated Negative Declaration may be adopted since no substantial evidence exists, in light of the whole record, that the project may have a significant effect on the environment. The project consists of the development of a new multi-tenant commercial building. 2. The Mitigated Negative Declaration describes the reasons that the Project will not have a significant effect on the environment and therefore does not require the preparation of an Environmental Impact Report, pursuant to the California Environmental Quality Act Guidelines. 3. There are no responsible agencies or trustee agencies responsible for resources affected by the Project. 4. The City of Campbell provided a Notice of Intent to adopt a Mitigated Negative Declaration to the public via the Campbell Express and the County Clerk. 5. The City of Campbell provided a 20-day public review period of the draft Mitigated Negative Declaration pursuant to the California Environmental Quality Act Guidelines. The 20-day public review period was between March 23, 2005 and April 12, 2005. 6. The mitigation measures identified in the Mitigated Negative Declaration are included as conditions of approval of the Architectural Approval/Conditional Use Permit. 7. The Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: Planning Commission Resolution No. 3645 Adopting a Mitigated Negative Declaration for 330 E. Hamilton Avenue Page 2 1. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. 2. The Custodian of the Record for the Mitigated Negative Declaration and Initial Study is the City Clerk of the City of Campbell located at 70 North First Street, Campbell, California PASSED AND ADOPTED this 26th day of April, 2005, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Doorley, Ebner, Francois, Gibbons, Rocha and Roseberry None Alderete None A ITEST: APPROVED~~~ f! 'W lizahe ibbons, Chair ~U71 ~ . Sharon Fierro, Secretary RESOLUTION NO. 3646 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A SITE AND ARCHITECTURAL REVIEW PERMIT (pLN2004-151) AND CONDITIONAL USE PERMIT (PLN2004-152) TO ALLOW THE CONSTRUCTION OF A NEW MUL TI- TENANT RETAIL BUILDING ON PROPERTY OWNED BY TWO- FORTY ASSOCIATES, A PENNSYLVANIA LIMITED PARTNERSHIP, LOCATED AT 330 E. HAMILTON AVENUE IN A C-2-S (GENERAL COMMERCIAL) ZONING DISTRICT. APPLICATION OF MR. REX McLEAN. FILE NO. PLN2004-151 & 152. 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 PLN2004-151 & 152: 1. The proposed project consists of the construction of a new single-story retail building of 11,830 gross square feet. 2. The development of the proposed project will result in a commercial use that is consistent with the General Plan Land Use Designation of General Commercial for the project site. 3. The proposed retail/commercial use is consistent with the C-2-S (General Commercial) zoning district for the site with approval of a Site and Architectural Permit and a Conditional Use Permit and is compatible with the surrounding uses. 4. The proposed project is well designed and is architecturally compatible with the surrounding neighborhood. 5. The proposed project is consistent with other developments in the surrounding area and is consistent with the development standards for commercial uses. 6. The proposed project provides 82 parking spaces where a minimum of 59 is typically required. 7. A Mitigated Negative Declaration has been prepared for this project concluding that there are no significant unmitigated impacts associated with this project, pursuant to the California Environmental Quality Act (CEQA). Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed project is consistent with the General Plan and Zoning Ordinance. 2. The proposed project, as conditioned, will aid in the harmonious development of the immediate area. Planning Commission Resolution No. 3646 PLN2004-151 & 152 -- 330 E. Hamilton Avenue - New Multi-Tenant Retail Building Site and Architectural Review Permit and Conditional Use Permit Page 2 3. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required Conditions of Approval, will have a significant adverse impact on the environment. 4. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 5. The subject site is adequate in size and shape to accommodate the yardst walls, fences, parking and loading facilities, landscaping, and other development features required in order to integrate said use with uses in the surrounding area. 6. The subject site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such use would generate. 7. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 8. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Site and Architectural Review Permit (pLN2004-151) and Conditional Use Permit (pLN2004-152) to allow the construction of a new multi-tenant retail building on property owned by Two-Forty Associates, a Pennsylvania Limited Partnership, located at 330 E. Hamilton Avenue in a C-2-S (General Commercial) Zoning District, subject to the following conditions: 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 Plannim! Division: I. ApDroved Proiect: Approval is granted for a Site and Architectural Permit (PLN 2004-151) and a Conditional Use Permit (pLN2004-IS2) allowing the construction of a new retail shopping center located at 330 E. Hamilton Avenue. The proposed project shall substantially conform to the project exhibits listed below, except as may be modified by the Conditions of Approval herein: Planning Commission Resolution No. 3646 PLN2004-1S1 & 152 -- 330 E. Hamilton Avenue - New Multi-Tenant Retail Building Site and Architectural Review Permit and Conditional Use Permit Page 3 a. Set of plans prepared by Rex McLean on behalf of E. A. Davidovits & Co., Inc., dated March 1, 2005, including building site plan, existing floor plan and elevations and received March 3, 2005. b. Preliminary landscape plan prepared by Reed Associates Landscape Architects, dated March 2,2005. c. Preliminary grading and drainage plan prepared by Mission Engineers, Inc. dated March 2,2005. d. Color elevations submitted by Rex McLean, received on March 3, 2005. 2. Site and Architectural Permit and Conditional Use Permit ADproval EXDiration: The Conditional Use Permit approval shall be valid for one year from the date of final approval. Within this one-year period a building permit must be obtained and construction completed one year thereafter or the use must be established on the property (if no building permit is required). Failure to meet these deadlines will result in the Conditional Use Permit being void. 3. Revocation of Permit: Operation of the use in violation of the Conditional Use Permit or any standards, codes, or ordinances of the City of Campbell shall be grounds for consideration of revocation of the Conditional Use Permit by the Planning Commission. 4. Silma2e: No signage is approved as part of the development applications approved herein. No sign shall be installed until a Sign Permit is approved as specified in the Sign Ordinance. 5. Property Maintenance: The property is to be maintained free of any combustible trash, debris and weeds until the time that actual construction commences. 6. Outdoor Storage: No outdoor storage or outdoor overnight parking is permitted on the subject property. No equipment, materials or business vehicles shall be parked and/or stored outside the building or within the parking lot. 7. Paint Color: Final paint colors approval shall be subject to field review and approval by the Community Development Director. 8. Business Ooerational Hours: The hours of operation shall be restricted to 7:00 a.m. to 11 :00 p.m. daily unless a Conditional Use Permit is obtained for late night operational hours. All activities on site must cease by 11 p.m. including any clean up and site maintenance. Dumping of trash, particularly recyclables shall not occur after 6 p.m. 9. Parkin2 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. 10. Trash and Recvcling: Enclosure: The applicant/property owner shall submit a building permit for the construction of a new trash and recycling enclosure(s) within three months of the date Planning Commission Resolution No. 3646 PLN2004-151 & 152 -- 330 E. Hamilton Avenue - New Multi-Tenant Retail Building Site and Architectural Review Permit and Conditional Use Permit Page 4 of Planning Commission approval. The design and location of the enclosure shall be to the satisfaction of the Community Development Director. All refuse and recycling containers shall be located in an enclosure constructed and consisting of a concrete floor at least six inches in depth, surrounded by a minimum six-foot high masonry wall and having a solid metal gate. The design of the enclosure shall be compatible with the building. Driveways or aisles shall provide unobstructed access for collection vehicles and personnel and provide at least the minimum clearance required by the collection methods and vehicles utilized by the designated collector. The wall, gate and surface inside the enclosure must be kept in sound repair and condition. The refuse and recycling containers shall be kept in the enclosure at all times except when being emptied by collection personnel. 11. Future Mutual Access Easement: The applicant/property owner shall prepare and record an agreement, prior to the issuance of a building permit, in form and manner acceptable to the City Attorney, agreeing to a mutual access easement for shared driveway with the property owner to the west in the future when the property owner to the west provides a reciprocal access easement for circulation purposes. 12. Landscape and Irrigation Plans: The applicant shall submit four (4) sets of detailed final landscape and irrigation plans to the Planning Division, prior to the issuance of building permits, for review and approval by the Community Development Director. Landscape and irrigation plans shall be consistent with the City's Water Efficient Landscaping Standards and Streetscape Standards. The applicant shall submit a detailed landscape and irrigation plan to be reviewed and approved by the Community Development Director prior to issuance of any building permits for the site. a. All street trees and buffering trees shall be a minimum 24-inch box size. b. All landscaping installed as required per the approved landscape plan shall be maintained in good health. c. All landscaping shall be installed prior to building completion. 13. Utili tv Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to installation of PG&E transformers and San Jose Water Company back-flow preventers and Fire Department stand pipes, indicating the location of the facilities and screening (if the facilities are above ground) for approval by the Community Development Director. 14. On-Site Lighting: On-site lighting shall be shielded away from adjacent properties and directed on site. The 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 prior to installation of the lighting for compliance with all applicable Planning Commission Resolution No. 3646 PLN2004-151 & 152 -- 330 E. Hamilton Avenue - New Multi-Tenant Retail Building Site and Architectural Review Permit and Conditional Use Permit Page 5 Conditions of Approval, ordinances, laws and regulations. Lighting fixtures shall be of a decorative design to be compatible with the residential development and shall incorporate energy saving features and shall not exceed 12 feet in height. If lighting of the tower feature is included, said lighting may not be left on after 11 p.m. A photometric study shall be provided. 15. Construction Miti2ation Measures: The applicant shall implement the following construction mitigation measures: a. Construction activities will be limited to daytime hours of8:00 am to 5:00 p.m. weekdays and 9:00 a.m. to 4:00 p.m. Saturdays. Construction is prohibited on Sundays and Holidays unless an exception is granted by the Building Official. b. No pile driving is allowed for construction of the project. c. All internal combustion engines for construction equipment used on the site will be properly muffled and maintained. d. All stationary noise generating construction equipment, such as air compressors and portable power generator, will be located as far as practical from the existing residences and businesses. e. All active construction areas shall be watered at least twice daily. f. Cover all trucks hauling soil and other loose materials stationed or prior to leaving the site. g. Pave, apply water, or apply non-toxic soil stabilizers on all unpaved surfaces, and staging areas at the construction site. 16. Contractor Contact Information Postin~: Prior to the issuance of building permits, the project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street. 17. Fencin2 & Gate: Applicant shall work with the Community Development Director to raise the height of walls separating this project from adjacent properties to provide privacy and security. The existing gate between the project site and adjacent condominium development is to be retained in its current location to reduce privacy impacts. HuUdinl! Division: 18. Permits Required: A building permit application shall be required for the proposed new tenant improvement to the (e) commercial structure. The building permit shall include Electrica1lPlumbinglMechanical fees when such work is part of the permit. 19. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. Planning Commission Resolution No. 3646 PLN2004-151 & 152 -- 330 E. Hamilton Avenue - New Multi-Tenant Retail Building Site and Architectural Review Permit and Conditional Use Permit Page 6 20. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. by 36 in. 21. Plan Preparation: This project requires plans prepared under the direction and oversight of a California licensed Engineer or Architect. Plans submitted for building permits shall be "wet stamped" and signed by the qualifying professional person. 22. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. Site plan shall also include site-parking details. Site address and parcel numbers shall also be clearly called out. Site parking and path of travel to public sidewalks shall be detailed. 23. Soils Report: Two copies of a current soils report, prepared to the satisfaction of the Building Official, containing foundation and retaining wall design recommendations shall be submitted with the building permit application. This report shall be prepared by a licensed engineer specializing in soils mechanics. 24. Foundation Inspections: A pad certificate prepared by a licensed civil engineer or land surveyor shall be submitted to the project building inspector upon foundation inspection. This certificate shall certify compliance with the recommendations as specified in the soils report and the building pad elevation and on-site retaining wall locations and elevations are prepared according to approved plans. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer for the following items: a. pad elevation b. finish floor elevation (first floor) c. foundation comer locations 25. Title 24 - Enenzv Compliance: California Title 24 Energy Standards Compliance forms shall be blue-lined on the construction plans. Compliance with the Standards shall be demonstrated for conditioning of the building envelope and lighting of the building. 26. Special Inspections: When a special inspection is required by U.B.C. Section 1701, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permits, in accordance with U.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 27. Santa Clara Vallev Non-Point Source Pollution Control Program: The City of Campbell, standard Santa Clara Valley Non-point Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet (size 24" X 36'1 is available at the Building Division service counter. Planning Commission Resolution No. 3646 PLN2004-151 & 152 -- 330 E. Hamilton Avenue - New Multi-Tenant Retail Building Site and Architectural Review Permit and Conditional Use Permit Page 7 28. Title 24 - Accessibility - Commercial: On site general path of travel shall comply with the latest California Title 24 Accessibility Standards. Work shall include but not be limited to accessibility to building entrances from parking facilities and sidewalks. 29. Title 24 - Accessibilitv - Commercial: Projects seeking to use the Title 24 Hardship exemption clause shall blue-line completed, City of Campbell "20%" exemption form on submitted construction plans. Form is available at Building Division service counter. 30. ADDrovals Reauired: The project requires the following agency approval prior to issuance of the building permit: a. West Valley Sanitation District b. Santa Clara County Fire Department c. School District: i) Campbell Union School District (378-3405) ii) Campbell Union High School District (371-0960) iii) Moreland School District (874-2900) iv) Cambrian School District (377-2103) d. Bay Area Air Quality Management District (Demolitions Only) 31. PG&E: Applicant is advised to contact Pacific Gas and Electric Company as early as possible in the approval process. Service installations, changes and/or relocations may require substantial scheduling time and can cause significant delays in the approval process. Applicant should also consult with P.G. and E. concerning utility easements, distribution pole locations and required conductor clearances. 32. Water Pollution: The City of Campbell, standard Santa Clara Valley Non-point Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet (size 24" X 36") is available at the Building Division service counter. PUBLIC WORKS DEPARTMENT 33. Preliminary Title Reoort: Prior to issuance of any grading or building permits for the site, the applicant shall provide a current Preliminary Title Report. 34. Right-of-Way for Public Street Purposes: Prior to issuance of any grading or building permits for the site, the applicant shall cause additional right-of-way to be granted for public street purposes along the Hamilton Avenue frontage to accommodate a 10-foot park strip and a 7-foot sidewalk. The applicant shall submit the necessary documents for approval by the City Engineer, process the submittal with City stafrs comments and fully complete the right- of-way process. 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. 35. Street ImDrovements: 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 Planning Commission Resolution No. 3646 PLN2004-151 & 152 -- 330 E. Hamilton Avenue - New Multi-Tenant Retail Building Site and Architectural Review Permit and Conditional Use Permit Page 8 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: a. Show location of all existing utilities within the new and existing public right-of-way. b. Relocation of all existing facilities, including utility boxes, covers, poles, etc., outside the sidewalk area. No utility boxes, covers, poles, etc. will be allowed in the sidewalk area. c. Removal of existing driveway approaches, sidewalk, curb and gutter as necessary. d. Installation of new modified Streetscape Standards including a 7 foot sidewalk, 10 foot landscaped park strip, curb, gutter, including City approved street trees at approximately 30 feet on center, and irrigation. e. Installation of ADA compliant commercial driveway approach. f. 250-286 E. Hamilton Avenue: Removal and relocation of existing driveway and installation of a 25-foot ADA compliant commercial driveway as necessary. Includes removal of existing parking stalls, driveway approach, sidewalks, curb and gutter and any necessary modifications to the median island on Hamilton Avenue in order to allow west bound traffic to make left turns to both 330 E. Hamilton Avenue and 250-286 E. Hamilton Avenue. g. Replacement of existing underground utilities, boxes, meters as necessary. h. Removal and disposal of the existing streetlight and installation of streetlights, conduits, conductors and related facilities in accordance with the City of Campbell's Street Lighting Policies. 1. Construction of conforms to existing public and private improvements, as necessary. J. Installation of traffic control, stripes and signs as necessary. 36. Maintenance of Landscaping: Current and future owner(s) 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. 37. Occupancy: Prior to allowing occupancy for any and/or all buildings, the applicant shall have the required street improvements installed and accepted by the City. 38. 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. 39. 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. Planning Commission Resolution No. 3646 PLN2004-151 & 152 -- 330 E. Hamilton Avenue - New Multi-Tenant Retail Building Site and Architectural Review Permit and Conditional Use Permit Page 9 40. Utilitv 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. 41. Pavement Restoration: Based on the utility coordination plan, the applicant shall prepare a pavement restoration plan for approval by the City Engineer prior to any utility installation or abandonment. Streets that have been reconstructed or overlaid within the previous five years will require boring and jacking for all new utility installations. Hamilton Avenue has not been resurfaced during the last five years. The pavement restoration plan shall indicate how the street pavement shall be restored following the installation or abandonment of all utilities necessary for the project. 42. 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. The plans shall comply with the 1998 edition of the California Building Code including Chapters 10, 11, 18,33, and Appendix Chapter 33. 43. Storm Drain Area Fee: Prior to issuance of any grading or building permits for the site, the applicant shall pay the required Storm Drain Area fee of $2,500.00 per net acret which is $2,927.50. 44. Storm water 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 storm water pollution prevention. Specifically the project must include source control, site design and treatment measures to achieve compliance with Provision C.3. of the NPDES Permit. Measures may include, but are not limited to, minimization of impervious surface area, vegetated swales, infiltration areas, and treatment devices. The primary objectives are to improve the quality and reduce the quantity of storm water runofTto the bay. Resources to achieve these objectives include Storm water Best Management Practices Handbook for New Development and Redevelopment ("CA BMP Handbook'') by the California Storm water Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for Storm water Quality Protection ("Start at the Source") by the Bay Area Storm water Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for Storm water Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. Planning Commission Resolution No. 3646 PLN2004-151 & 152 -- 330 E. Hamilton Avenue - New Multi-Tenant Retail Building Site and Architectural Review Permit and Conditional Use Permit Page 10 45. Ooeration and Maintenance of Storm water Pollution Prevention Measures: Prior to issuance of building permit for the site, the applicant shall execute an agreement and provide security for the operation and maintenance of storm water pollution prevention measures installed or provided as a part of this project. FIRE DEPARTMENT 46. Reauired Fire Flow: The fire flow for this project is 2750 gpm at 20 psi residual pressure. As an automatic fire sprinkler system will be installed, the fire flow has been reduced by 50% establishing a required adjusted fire flow of 1500 gpm at 20 psi residual pressure. The adjusted fire flow is available from area water mains and fire hydrants(s) which are not spaced at the required spacing. Note: Flow requirements are calculated with building as type 5N Construction. 47. Automatic Fire SDrinkler System ReQuired: Buildings requiring a fire flow in excess of2,000 GPM, or in excess of two stories or 3S feet in height, shall be equipped throughout with an automatic fire sprinkler system, hydraulically designed per National Fire Protection Association (NFP A) Standard # 13. 8 see additional underground fire service comments. A State of California licensed 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. 48. Private On-Site Fire Hydrant(s) Required: Provide one private on-site fire hydrant installed per NFP A Std. #24, at a location to be determined by the Fire Department. Maximum hydrant spacing shall be 250 feet, with a minimum acceptable flow of 1500 GPM at 20 psi residual pressure. Prior to design, the project engineer shall meet with the fire department water supply officer to jointly spot the required fire hydrant locations. 49. On-site Private Fire Service Mains and lor Hvdrants: Installation of private fire service mains and/or fire hydrants shall conform to National Fire Protection Association (NFP A) Standard # 24, and Fire Department Standard Details and Specification W-2. If the supply piping is "combined" (sprinkler system & hydrants), a U.L. approved 4-way FDC shall be provided. A separate installation permit from the fire department is required. 50. Timing of Required Water Supplv Installations: Installations of required fire service(s) and fire hydrant(s) shall be tested and accepted by the Fire Department, prior to the start of framing or delivery of bulk combustible materials. Building permit issuance may be withheld until required installations are completed, tested and accepted. 51. Location of Required Fire Protection Svstem(s) EauiDment: Proposed locations for fire hydrants, fire sprinkler system(s) control valves (PN/OS&Y), fire department connections (FOC) and fire alarm equipment shall be coordinated with the Fire Department and the project planners prior to submittal of formal designs. Planning Commission Resolution No. 3646 PLN2004-I5I & 152 -- 330 E. Hamilton Avenue - New Multi-Tenant Retail Building Site and Architectural Review Permit and Conditional Use Permit Page 11 52. Required Access to Water Supply HvdranUs): Portions of the structure(s) are greater than 150 feet of travel distance from the centerline of the roadway containing public fire hydrants. Provide an on-site fire hydrant or provide an approved fire sprinkler system throughout all portions of the building. 53. Fire Apparatus (Engine) Access Roads Required: Provide access roadways with a paved all weather surface, a minimum unobstructed width of 20 feet, vertical clearance of 13 feet, 6 inches, minimum circulating turning radius of 36 feet outside and 23 feet inside and a maximum slope of 15 percent. Installations shall conform to Fire Department Standard Details and Specifications sheet A-I. 54. Fire Department (En~ine) Turn-Around Reauired: Provide an approved fire department engine roadway turnaround with a minimum radius of 36 feet outside and 23 feet inside. Installations shall conform to Fire Department Standard Details and Specification sheet A-I. Cul-de-sac diameters shall be no less than 72 feet. 55. Fire Deoartment Kev Box Reauired: The building shall be equipped with a permanently installed emergency access key lock box (Knox) conforming to Fire Department Standard Detail and Specification sheet K-l. At time of final inspection, access keys shall be provided to the Fire Department. 56. Fire Apparatus (Ladder Truck) Access Roads Reauired: Provide emergency access roadways of a paved all-weather surface, a minimum unobstructed width of 30 feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 36 feet outside and 26 feet inside, a maximum slope of 10 percent and vehicle loading of 70,000 pounds. During construction, emergency access roads shall be maintained clear and unimpeded. 57. Premises Identification: Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background. PASSED AND ADOPTED this 26th day of April, 2005, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Doorley, Ebner, Francois. Gibbons, Rocha and Roseberry None Alderete None ~ a-J fi. ~. APPROVED: C~ ~. 6.'~ , lzabeth Gibbons, Chair ATTEST: vltlw-n .~ .' Sharon Fierro, Secretary RESOLUTION NO. 3647 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL GRANTING A TREE REMOVAL PERMIT (pLN2005-32) FOR THE REMOVAL OF SEVEN PROTECTED TREES ON PROPERTY OWNED BY TWO- FORTY ASSOCIATES, A PENNSYLVANIA LIMITED PARTNERSHIP, LOCATED AT 330 E. HAMILTON AVENUE IN A C-2-S (GENERAL COMMERCIAL) ZONING DISTRICT. APPLICATION OF MR. REX McLEAN. FILE NO: PLN2005-32 After notification and public hearing as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application PLN2005-32 1. The proposed Tree Removal Permit is consistent with the General Plan land use designation of Low Density Residential (less than 4.5 units per gross acre) and the R-I-9 (Single-Family Residential, 9,000 square foot minimum lot size) Zoning District. 2. The project will include the removal of three protected trees (a 14-inch diameter Walnut, a 15-inch diameter Walnut and a 15-inch diameter Chinese Tallow) because they would prohibit the construction of a new single-family home. 3. The three 24-inch box replacement trees are consistent with the tree replacement requirements of the Tree Protection Regulations. 4. The proposed replacement trees will be a sufficient replacement for the trees to be removed and will continue the diversity of tree species found in the community. 5. The project qualifies as a Categorically Exempt project per Section 15304, Class 4, of the California Environmental Quality Act (CEQA). Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The retention of the trees restricts the economic enjoyment of the property and 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 Planning Commission that there are no reasonable alternatives to preserve the trees. 2. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. 3. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. Planning Commission Resolution No. 3647 PLN200S-32 - 330 E. Hamilton Avenue -Tree Removal Permit Page 2 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission grants a Tree Removal Permit (PLN2005-32) to allow the removal of seven protected on property owned by Two-Forty Associates, a Pennsylvania Limited Partnership, located at 330 E. Hamilton Avenue in a C-2-S (General Commercial) Zoning District. 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 helshe 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 Plannin2 Division: I. Approved Project: Approval is granted for a Tree Removal Permit (PLN200S-32) to allow the removal of seven protected trees on property located at 330 E. Hamilton Avenue. The Tree Removal Permit shall only be valid in conjunction with the approved Site and Architectural Review Permit/Conditional Use Permit (pLN2004-1511152). 2. Replacement of Removed Trees: The applicant shall provide seven 24-inch box replacement trees for the protected trees to be removed as part of the development. 3. Landscape Plan: Prior to the issuance of building permits, the applicant shall submit a final detailed landscape and irrigation plan to the Planning Division for review and approval by the Community Development Director. The landscape and irrigation plan shall substantially conform to the approved conceptual landscape plan and the City's Water Efficient Landscaping Standards (WELS) and shall include all replacement trees as required for the Tree Removal Permit. All landscaping and trees shall be installed prior to the issuance of a Certificate of Occupancy for the building. PASSED AND ADOPTED this 26h day of April, 2005, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Doorley, Ebner, Francoist Gibbons, Rocha and Roseberry NoneoAlderete None h~ AITEST: jiw~~~ Sharon Fierro, Secretary --40 4>- :- ~.o, . C~..o(S) !:: ~ U r- o 0 ... ... '$-<" ~ . (, OIlCH..."\)' ITEM NO.1 CITY OF CAMPBELL. PLANNING COMMISSION Staff Report. April 26, 2005 PLN2004-151 PLN 2004-152 PLN 2005-32 McLean, R. Public Hearing to consider the application of Mr. Rex McLean, on behalf of Two-Forty Associates, a Pennsylvania Limited Partnership, for a Site and Architectural Review Permit (PLN2004-151) and Conditional Use Permit (PLN2004-152) to allow the construction of a new multi-tenant retail building and a Tree Removal Permit (PLN2005-32) to allow the removal of seven protected trees on property owned by Two-Forty Associates, a Pennsylvania Limited Partnership, located at 330 E. Hamilton Avenue in a C-2-S (General Commercial) Zoning District. A Mitigated Negative Declaration has been prepared for this project. STAFF RECOMMENDATION That the Planning Commission takes the following actions: 1. Adopt a Resolution, incorporating the attached findings, adopting a Mitigated Negative Declaration for this project; 2. Adopt a Resolution, incorporating the attached findings, approving a Site and Architectural Approval and a Conditional Use Permit to allow the construction of a new multi-tenant commercial building, subject to the attached conditions of approval. 3. Adopt a Resolution, incorporating the attached findings, approving a Tree Removal Permit, subject to the attached conditions of approval. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act (CEQA), the City conducted an Initial Study for this project. The results of the study determined that no significant impacts would be created as a result of this project. Based upon the information provided in the Initial Study, staff recommends that the Planning Commission adopt the Mitigated Negative Declaration prepared for this project. The Initial Study and Mitigated Negative Declaration are included as an attachment to this report. The mitigation measures identified in the Mitigated Negative Declaration are included as conditions of approval for the project. The 20-day public review period was between March 23, 2005 and April 12, 2005. No comments were received. PROJECT DATA Gross Lot Area: Net Lot Area: 1.40 acres 1.1 7 acres 61,200 sq. ft. 50,965 sq. ft. ,- Staff Report ~ Planning COlnmission Meeting of April 26, 2004 PLN2004-151/152 & PLN2005-32 ~ 330 East Hamilton Avenue Page 2 of 4 Site Utilization: Building Coverage: Landscape Coverage: Paving Coverage: 26% 12% 64.8% 11,830 sq. ft. 6,107 sq. ft. 33,028 sq. ft. Building Area: 11,625 square of retail space Floor area ratio F .A.R. Proposed .23(F AR) Maximum.40 (FAR) Parking: Provided: Required: 82 parking spaces (78 uni-stall and 4 disabled) parking ratio 1:141 79 if joint access is provided 59 parking spaces Speculative retail (11 ,625 sq. ft. @ 1 :200) Hours of Operation: Daily 7:00 a.m. to 11 :00 p.m. Adjacent Land Uses: North: South: East: West: Restaurant and Commercial Uses Condominiums Offices Offices DISCUSSION Apl'licant's Proposal: The applicant is requesting approval of a Site and Architectural Approval Permit, a Conditional Use Permit and a Tree Removal Permit to allow the construction of a new single story commercial building of approximately 11,625 square feet located on property at 330 East Hamilton Avenue. The project site is located on the south side of East Hamilton Avenue between Third Street and North Central Avenue. A vacant restaurant building (previously Coco's restaurant) currently occupies the site and would be removed with the development of this proposal. The site is surrounded by commercial uses to the north, offices to the east and west, and condominiums to the south. The zoning designation for the project site is C-2-S (General Commercial) and the General Plan Land Use designation is General Commercial. The proposed use is consistent with the General Commercial Land Use designation. A Site and Architectural Approval and Conditional Use Permit are required in that the proposed commercial building is over 10,000 square feet. ANALYSIS General Plan Designation: The General Plan land use designation for the project site is General Commercial which permits commercial uses. The proposed speculative retail use (shopping center) is consistent with the General Plan Land Use Designation. · Policy LUT -5.3: Variety of Commercial and Office Uses: Maintain a variety of attractive Staff Report - Planning Commission Meeting of April 26, 2004 PLN2004-1511152 & PLN2005-32 - 330 East Hamilton Avenue Page 3 of4 and convenient commercial and office uses that provide needed goods, services and entertainment. · Strategy LUT -5 .3h: Parking and Circulation: Provide adequate parking and encourage circulation patterns to serve commercial districts so as to discourage commercial traffic into adjacent residential zones. · Strategy LUT-9.3g: Pedestrian Amenities: Incorporate pedestrian amenities such as plazas, landscaped areas with seating, pedestrian walkways into new developments. · Strategy LUT -10.1 e: Parking Lot Screening: Plant landscaping or build decorative walls at the interior and perimeter of parking areas as a visual screen. · Strategy LUT -7 .2g: Landscaped and Tree Lined Streets: Provide attractive, user friendly, tree-lined streets and install creative landscaping in street improvement projects, where feasible. · 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. · 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. Zoning: Designation: The zoning designation for the project site is C-2-S (General Commercial). A Site and Architectural Review Permit and Conditional Use Permit are required for a shopping center over 10,000 square feet. The proposed project will be consistent with the Zoning Ordinance with approval of a Site and Architectural Review Permit and a Conditional Use Permit. Use: The proposed use consists of a speculative retail building. The specific tenants are not known at this time and consequently staffhas identified the building as a shopping center. Operational Hours: The applicant's description indicates that the operational hours would be limited to 7:00 a.m. to 11 :00 p.m. daily. The proposed business hours are typical of commercial uses in the neighborhood and general commercial uses in the community. Parking: The site plan indicates the provision of 82 parking spaces. The parking ordinance requires one parking space for each 200 square feet of floor area or 59 parking spaces. The provided parking results in a parking ratio of 1: 141 and exceeds the minimum number of spaces by 23 parking spaces. Staff is recommending a condition of approval that could eliminate 3 parking spaces in the future if a connecting access is provided to the adjacent parcel to the west. Circulation: The proposed site plan illustrates the creation of an L-shaped parking area with parking along the western side and to the rear of the proposed building. Additionally, the site plan has retained a shared driveway along the westerly property line that provides access to the adjacent office development. No vehicular connection has been proposed to this shared driveway. Staff Report - Planning Commission Meeting of April 26, 2004 PLN2004-151/152 & PLN2005-32 - 330 East Hamilton Avenue Page 4 of 4 Staff is recommending a condition of approval that provides for mutual access easements between these two properties in the future if both property owners provide shared access easements. This condition is supported by General Plan policies that encourage shared access driveways and circulation through commercial developments. This would eliminate 2 to 3 parking spaces when implemented. Architecture: Architectural elevations depict a variety of store front elevations provide distinctive character to individual tenant spaces. Variation has been provided through canopy shapes, heights and colors. The building parapet has been capped with decorative cornices and wall material is shown as a cement plaster finish. Awnings have been shown as metal and wood above storefronts. Staff has worked with the applicant to provide a stronger architectural image along the Hamilton Avenue frontage and has reviewed numerous revisions over the past six months. The revised plans have addressed issues of architectural treatment on all four elevations, additional landscaping in the parking area, and provision of a trash enclosure. Streetscape: The proposed site plan is depicting a separated sidewalk and landscape boulevard treatment along the East Hamilton Avenue frontage. Hamilton Avenue is identified as an image street in the community and is required to install a boulevard streetscape concept. Tree Removal Permit: The applicant is requesting approval to remove seven of the on-site trees that are protected under the Tree Preservation Ordinance. An arborist report has been submitted supporting the removal of these trees removal due to poor structural condition, previous excessive pruning, or inappropriate tree types for a commercial development. These trees include Liquid ambers, European Olives, Giant Yucca and Melaleuca. The conceptual landscape plan mitigates the removal ofthese existing trees through the planting 18 new on-site trees. Site and Architectural Review Committee: The Site and Architectural Review Committee reviewed this application at its meeting of April 12, 2005, and was supportive of the applicant's proposal. Attachments: 1. Findings for a Mitigated Negative Declaration 2. Findings for Approval of the Site and Architectural Review Permit (PLN2004-15 1)/ Conditional Use Permit (PLN2004-152) 3. Findings for Approval of the Tree Removal Permit (PLN2005-32) 4. Conditions of Approval for the Site and Architectural Review Permit (PLN2004-151)/ Conditional Use Permit (PLN2004-152) 5. Conditions of Approval for the Tree Removal Permit (PLN2005-32) 6. Exhibits (Site Plan, Floor Plan, Elevations, and Photos) 7. Initial Study and Mitigated Negative Declaration 8. Traffic Analysis - Higgins Associates, Civil & Traffic Engineers- December 21,2004 9. Tree Survey/Arborist Report - Deborah Ellis, Consulting Arborist & Horticulturist December 14, 2004 10. LocationM~ Prepared by: Tim 1. al Approved by: Attachment # I FINDINGS RECOMMENDING ADOPTION OF A MITIGATED NEGATIVE DECLARATION FOR THE 330 E. HAMILTON PROJECT SITE ADDRESS: APPLICANT: P.C. MEETING: 330 E. Hamilton Avenue Rex McLean April 26, 2005 Findings adopting a Mitigated Negative Declaration for this Proiect located at 330 East Hamilton Avenue. The Planning Commission finds as follows with regard to the Mitigated Negative Declaration: 1. An Initial Study has been prepared for the Hamilton Project, which provides documentation for the factual basis for concluding that a Mitigated Negative Declaration may be adopted since no substantial evidence exists, in light of the whole record, that the project may have a significant effect on the environment. The project consists of the development of a new multi-tenant commercial building. 2. The Mitigated Negative Declaration describes the reasons that the Project will not have a significant effect on the environment and therefore does not require the preparation of an Environmental Impact Report, pursuant to the California Environmental Quality Act Guidelines. 3. There are no responsible agencies or trustee agencies responsible for resources affected by the Project. 4. The City of Campbell provided a Notice of Intent to adopt a Mitigated Negative Declaration to the public via the Campbell Express and the County Clerk. 5. The City of Campbell provided a 20-day public review period of the draft Mitigated Negative Declaration pursuant to the California Environmental Quality Act Guidelines. The 20-day public review period was between March 23,2005 and April 12, 2005. 6. The mitigation measures identified in the Mitigated Negative Declaration are included as conditions of approval ofthe Architectural Approval/Conditional Use Permit. 7. The Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: Attachment 1 Page 2 1. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. 2. The Custodian of the Record for the Mitigated Negative Declaration and Initial Study is the City Clerk of the City of Campbell, located at 70 North First Street, Campbell, California. Attachment #2 FINDINGS FOR APPROVAL OF FILE NO. PLN2004-15l/152 SITE ADDRESS: APPLICANT: DATE: 330 East Hamilton Avenue Rex McLean, Architect April 26, 2005 Findings for Approval of a Site and Architectural Approval and Conditional Use Permit to allow the construction of a multi-tenant retail building located at 330 East Hamilton Avenue. The Planning Commission finds as follows with regard to File Nos. PLN2004-151/152: 1. The proposed project consists of the construction of a new single-story retail building of 11,830 gross square feet. 2. The development of the proposed project will result in a commercial use that is consistent with the General Plan Land Use Designation of General Commercial for the project site. 3. The proposed retail/commercial use is consistent with the C-2-S (General Commercial) zoning district for the site with approval of a Site and Architectural Permit and a Conditional Use Permit and is compatible with the surrounding uses. 4. The proposed project is well designed and is architecturally compatible with the surrounding neighborhood. 5. The proposed project is consistent with other developments in the surrounding area and is consistent with the development standards for commercial uses. 6. The proposed project provides 82 parking spaces where a minimum of 59 is typically required. 7. A Mitigated Negative Declaration has been prepared for this project concluding that there are no significant unmitigated impacts associated with this project, pursuant to the California Environmental Quality Act (CEQA). Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed project is consistent with the General Plan and Zoning Ordinance. 2. The proposed project, as conditioned, will aid in the harmonious development of the immediate area. 3. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required Conditions of Approval, will have a significant adverse impact on the environment. 4. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. Findings for Approval - Planning Commission Meeting of April 26, 200 PLN2004-151/152 - 330 E. Hamilton Avenue Page 2 of2 5. The subject site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping, and other development features required in order to integrate said use with uses in the surrounding area. 6. The subject site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such use would generate. 7. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 8. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts ofthe project. Attachment #3 FINDINGS FOR APPROVAL OF FILE NO. PLN2005-32 SITE ADDRESS: APPLICANT: DATE: 330 Hamilton Avenue Rex McLean April 26, 2005 Findings for approval of a Tree Removal Permit to allow the removal of seven protected trees on property located at 330 E. Hamilton Avenue. The Planning Commission finds as follows with regard to File No. PLN2005-32: I. The proposed Tree Removal Permit is consistent with the General Plan land use designation of General Commercial and the C-2-S (General Commercial) Zoning District. 2. The project will include the removal of seven protected trees (trees over 12 inches in diameter) because they are structural unsound, have been previously damaged by excessive pruning, or are inappropriate for their planted location. 3. The seven 24-inch box replacement trees and 18 total trees are consistent with the tree replacement requirements of the Tree Protection Regulations. 4. The proposed replacement trees and other proposed trees will be a sufficient replacement for the trees to be removed and will continue the diversity of tree species found in the community. 5. A Mitigated Negative Declaration has been prepared for this project concluding that there are no significant unmitigated impacts associated with this project, pursuant to the California Environmental Quality Act (CEQA). Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The retention of the trees restricts the economic enjoyment of the property and 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 Planning Commission that there are no reasonable alternatives to preserve the trees. 2. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. 3. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. Attachment #4 CONDITIONS OF APPROVAL FOR FILE NO. PLN2004-1511152 SITE ADDRESS: APPLICANT: DATE: 330 East Hamilton Avenue Rex McLean April 26, 2005 The applicant is hereby notified, as part of this application, that (s)he is required to meet the following conditions in accordance with the ordinances of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. 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 items under review. Additionally, the applicant is hereby notified that (s)he is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertains to this development and are not herein specified: COMMUNITY DEVELOPMENT DEPARTMENT Plannin2: Division: 1. Approved Proiect: Approval is granted for a Site and Architectural Permit (PLN 2004-151) and a Conditional Use Permit (PLN2004-152) allowing the construction of a new retail shopping center located at 330 E. Hamilton Avenue. The proposed project shall substantially conform to the project exhibits listed below, except as may be modified by the Conditions of Approval herein: a. Set of plans prepared by Rex McLean on behalf of E. A. Davidovits & Co., Inc., dated March 1, 2005, including building site plan, existing floor plan and elevations and received March 3, 2005. b. Preliminary landscape plan prepared by Reed Associates Landscape Architects, dated March 2,2005. c. Preliminary grading and drainage plan prepared by Mission Engineers, Inc. dated March 2, 2005. d. Color elevations submitted by Rex McLean, received on March 3, 2005. 2. Site and Architectural Permit and Conditional Use Permit Approval Expiration: The Conditional Use Permit approval shall be valid for one year from the date of final approval. Within this one-year period a building permit must be obtained and construction completed one year thereafter or the use must be established on the property (if no building permit is required). Failure to meet these deadlines will result in the Conditional Use Permit being void. 3. Revocation of Permit: Operation of the use in violation of the Conditional Use Permit or any standards, codes, or ordinances of the City of Campbell shall be grounds for consideration of revocation of the Conditional Use Permit by the Planning Commission. Conditions of Approval - hanning Commission Meeting of April 20, 2005 PLN2004-1511152 - 330 East Hamilton Avenue Page 2 of9 4. Signage: No signage is approved as part ofthe development applications approved herein. No sign shall be installed until a Sign Permit is approved as specified in the Sign Ordinance. 5. Property Maintenance: The property is to be maintained free of any combustible trash, debris and weeds until the time that actual construction commences. 6. Outdoor Storage: No outdoor storage or outdoor overnight parking is permitted on the subject property. No equipment, materials or business vehicles shall be parked and/or stored outside the building or within the parking lot. 7. Paint Color: Final paint colors approval shall be subject to field review and approval by the Community Development Director. 8. Business Operational Hours: The hours of operation shall be restricted to 7:00 a.m. to 11 :00 p.m. daily unless a Conditional Use Permit is obtained for late night operational hours. 9. Parking and Drivewavs: All parking and driveway areas shall be maintained in compliance with the standards in Chapter 21.28 (Parking & Loading) ofthe Campbell Municipal Code. 10. Trash and Recycling Enclosure: The applicant/property owner shall submit a building permit for the construction ofa new trash and recycling enclosure(s) within three months of the date of Planning Commission approval. The design and location of the enclosure shall be to the satisfaction of the Community Development Director. All refuse and recycling containers shall be located in an enclosure constructed and consisting of a concrete floor at least six inches in depth, surrounded by a minimum six-foot high masonry wall and having a solid metal gate. The design of the enclosure shall be compatible with the building. Driveways or aisles shall provide unobstructed access for collection vehicles and personnel and provide at least the minimum clearance required by the collection methods and vehicles utilized by the designated collector. The wall, gate and surface inside the enclosure must be kept in sound repair and condition. The refuse and recycling containers shall be kept in the enclosure at all times except when being emptied by collection personnel. 11. Future Mutual Access Easement: The applicant/property owner shall prepare and record an agreement, prior to the issuance of a building permit, in form and manner acceptable to the City Attorney, agreeing to a mutual access easement for shared driveway with the property owner to the west in the future when the property owner to the west provides a reciprocal access easement for circulation purposes. 12. Landscape and Irrigation Plans: The applicant shall submit four (4) sets of detailed final landscape and irrigation plans to the Planning Division, prior to the issuance of building permits, for review and approval by the Community Development Director. Landscape and irrigation plans shall be consistent with the City's Water Efficient Landscaping Standards and Streetscape Standards. Conditions of Approval - hanning Commission Meeting of April 26, 2005 PLN2004-l51/l52 - 330 East Hamilton Avenue Page 3 of9 The applicant shall submit a detailed landscape and irrigation plan to be reviewed and approved by the Community Development Director prior to issuance of any building permits for the site. a. All street trees shall be a minimum 24-inch box size. b. All landscaping installed as required per the approved landscape plan shall be maintained in good health. c. All landscaping shall be installed prior to building completion. 13. Utility Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to installation of PG&E transformers and San Jose Water Company back-flow preventers, indicating the location of the facilities and screening (if the facilities are above ground) for approval by the Community Development Director. 14. On-Site Lighting: On-site lighting shall be shielded away from adjacent properties and directed on site. The 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 prior to installation of the lighting for compliance with all applicable Conditions of Approval, ordinances, laws and regulations. Lighting fixtures shall be of a decorative design to be compatible with the residential development and shall incorporate energy saving features. 15. Construction Mitigation Measures: The applicant shall implement the following construction mitigation measures: a. Construction activities will be limited to daytime hours of 8:00 am to 5:00 p.m. weekdays and 9:00 a.m. to 4:00 p.m. Saturdays. Construction is prohibited on Sundays and Holidays unless an exception is granted by the Building Official. b. No pile driving is allowed for construction of the project. c. All internal combustion engines for construction equipment used on the site will be properly muffled and maintained. d. All stationary noise generating construction equipment, such as air compressors and portable power generator, will be located as far as practical from the existing residences and businesses. e. All active construction areas shall be watered at least twice daily. f. Cover all trucks hauling soil and other loose materials stationed or prior to leaving theysite. g. Pave, apply water, or apply non-toxic soil stabilizers on all unpaved surfaces, and staging areas at the construction site. Conditions of Approval - hanning Commission Meeting of April 26, 2005 PLN2004-151/152 - 330 East Hamilton Avenue Page 4 of9 BuUdin!! Division: 16. Permits Required: A building permit application shall be required for the proposed new tenant improvement to the (e) commercial structure. The building permit shall include Electrical/PlumbinglMechanical fees when such work is part of the permit. 17. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 18. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. by 36 in. 19. Plan Preparation: This project requires plans prepared under the direction and oversight of a California licensed Engineer or Architect. Plans submitted for building permits shall be ''wet stamped" and signed by the qualifying professional person. 20. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. Site plan shall also include site-parking details. Site address and parcel numbers shall also be clearly called out. Site parking and path of travel to public sidewalks shall be detailed. 21. Soils Report: Two copies of a current soils report, prepared to the satisfaction of the Building Official, containing foundation and retaining wall design recommendations shall be submitted with the building permit application. This report shall be prepared by a licensed engineer specializing in soils mechanics. 22. Foundation Inspections: A pad certificate prepared by a licensed civil engineer or land surveyor shall be submitted to the project building inspector upon foundation inspection. This certificate shall certify compliance with the recommendations as specified in the soils report and the building pad elevation and on-site retaining wall locations and elevations are prepared according to approved plans. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer for the following items: a. pad elevation b. finish floor elevation (first floor) c. foundation corner locations 23. Title 24 - Energy Compliance: California Title 24 Energy Standards Compliance forms shall be blue-lined on the construction plans. Compliance with the Standards shall be demonstrated for conditioning ofthe building envelope and lighting ofthe building. 24. Special Inspections: When a special inspection is required by V.B.C. Section 1701, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permits, in accordance Conditions of Approval - hanning Commission Meeting of April 26, 2005 PLN2004-151/152 - 330 East Hamilton Avenue Page 5 of9 with U.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 25. Santa Clara Valley Non-Point Source Pollution Control Program: The City of Campbell, standard Santa Clara Valley Non-point Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet (size 24" X 36") is available at the Building Division service counter. 26. Title 24 - Accessibility - Commercial: On site general path of travel shall comply with the latest California Title 24 Accessibility Standards. Work shall include but not be limited to accessibility to building entrances from parking facilities and sidewalks. 27. Title 24 - Accessibility - Commercial: Projects seeking to use the Title 24 Hardship exemption clause shall blue-line completed, City of Campbell "20%" exemption form on submitted construction plans. Form is available at Building Division service counter. 28. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. West Valley Sanitation District b. Santa Clara County Fire Department c. School District: i) Campbell Union School District (378-3405) ii) Campbell Union High School District (371-0960) iii) Moreland School District (874-2900) iv) Cambrian School District (377-2103) d. Bay Area Air Quality Management District (Demolitions Only) 29. PG&E: Applicant is advised to contact Pacific Gas and Electric Company as early as possible in the approval process. Service installations, changes and/or relocations may require substantial scheduling time and can cause significant delays in the approval process. Applicant should also consult with P.G. and E. concerning utility easements, distribution pole locations and required conductor clearances. 30. Water Pollution: The City of Campbell, standard Santa Clara Valley Non-point Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet (size 24" X 36") is available at the Building Division service counter. PUBLIC WORKS DEPARTMENT 31. Preliminary Title Report: Prior to issuance of any grading or building permits for the site, the applicant shall provide a current Preliminary Title Report. 32. Right-of-Way for Public Street Purooses: Prior to issuance of any grading or building permits for the site, the applicant shall cause additional right-of-way to be granted for public street purposes along the Hamilton Avenue frontage to accommodate a 10-foot park strip and Conditions of Approval ~ Planning Commission Meeting of April 26, 2005 PLN2004-151/152 ~ 330 East Hamilton Avenue Page 6 of9 a 7-foot sidewalk. The applicant shall submit the necessary documents for approval by the City Engineer, process the submittal with City staff's comments and fully complete the right- of-way process. The applicant shall cause all documents to be prepared by a registered civil engineerlland surveyor, as necessary, for the City's review and recordation. 33. Street Improvements: 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: a. Show location of all existing utilities within the new and existing public right-of-way. b. Relocation of all existing facilities, including utility boxes, covers, poles, etc., outside the sidewalk area. No utility boxes, covers, poles, etc. will be allowed in the sidewalk area. c. Removal of existing driveway approaches, sidewalk, curb and gutter as necessary. d. Installation of new modified Streetscape Standards including a 7 foot sidewalk, 10 foot landscaped park strip, curb, gutter, including City approved street trees at approximately 30 feet on center, and irrigation. e. Installation of ADA compliant commercial driveway approach. f. 250-286 E. Hamilton Avenue : Removal and relocation of existing driveway and installation of a 25-foot ADA compliant commercial driveway as necessary. Includes removal of existing parking stalls, driveway approach, sidewalks, curb and gutter and any necessary modifications to the median island on Hamilton Avenue in order to allow west bound traffic to make left turns to both 330 E. Hamilton Avenue and 250-286 E. Hamilton Avenue. g. Replacement of existing underground utilities, boxes, meters as necessary. h. Removal and disposal of the existing streetlight and installation of streetlights, conduits, conductors and related facilities in accordance with the City of Campbell's Street Lighting Policies. 1. Construction of conforms to existing public and private improvements, as necessary. J. Installation of traffic control, stripes and signs as necessary. 34. Maintenance of Landscaping: Current and future owner(s) 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. 35. Occuoancy: Prior to allowing occupancy for any and/or all buildings, the applicant shall have the required street improvements installed and accepted by the City. 36. 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. Conditions of Approval- Planning Commission Meeting of April 26, 2005 PLN2004-151/152 - 330 East Hamilton Avenue Page 7 of9 37. 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. 38. 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. 39. Pavement Restoration: Based on the utility coordination plan, the applicant shall prepare a pavement restoration plan for approval by the City Engineer prior to any utility installation or abandonment. Streets that have been reconstructed or overlaid within the previous five years will require boring and jacking for all new utility installations. Hamilton Avenue has not been resurfaced during the last five years. The pavement restoration plan shall indicate how the street pavement shall be restored following the installation or abandonment of all utilities necessary for the project. 40. 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. The plans shall comply with the 1998 edition of the California Building Code including Chapters 10, 11, 18,33, and Appendix Chapter 33. 41. Storm Drain Area Fee: Prior to issuance of any grading or building permits for the site, the applicant shall pay the required Storm Drain Area fee of $2,500.00 per net acre, which is $2,927.50. 42. Storm water 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 storm water pollution prevention. Specifically the project must include source control, site design and treatment measures to achieve compliance with Provision C.3. of the NPDES Permit. Measures may include, but are not limited to, minimization of impervious surface area, vegetated swales, infiltration areas, and treatment devices. The primary objectives are to improve the quality and reduce the quantity of storm water runoff to the bay. Resources to achieve these objectives include Storm water Best Management Practices Handbook for New Development and Redevelopment ("CA BMP Handbook") by the California Storm water Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for Storm water Quality Protection ("Start at the Source") by the Bay Area Storm water Management Agencies Association (BASMAA), 1999; and Using Site Design Conditions of Approval- Planning Commission Meeting of April 26, 2005 PLN2004-151/l52 - 330 East Hamilton Avenue Page 8 of9 Techniques to Meet Development Standards for Storm water Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. 43. Operation and Maintenance of Storm water Pollution Prevention Measures: Prior to issuance of building permit for the site, the applicant shall execute an agreement and provide security for the operation and maintenance of storm water pollution prevention measures installed or provided as a part ofthis project. FIRE DEPARTMENT 44. Required Fire Flow: The fire flow for this project is 2750 gpm at 20 psi residual pressure. As an automatic fire sprinkler system will be installed, the fire flow has been reduced by 50% establishing a required adjusted fire flow of 1500 gpm at 20 psi residual pressure. The adjusted fire flow is available from area water mains and fire hydrants(s) which are not spaced at the required spacing. Note: Flow requirements are calculated with building as type 5N Construction. 45. Automatic Fire Sprinkler System ReQuired: Buildings requiring a fire flow in excess of 2,000 GPM, or in excess of two stories or 35 feet in height, shall be equipped throughout with an automatic fire sprinkler system, hydraulically designed per National Fire Protection Association (NFP A) Standard # 13. 8 see additional underground fire service comments* A State of California licensed 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. 46. Private On-Site Fire Hydrant(s) ReQuired: Provide one private on-site fire hydrant installed per NFP A Std. #24, at a location to be determined by the Fire Department. Maximum hydrant spacing shall be 250 feet, with a minimum acceptable flow of 1500 GPM at 20 psi residual pressure. Prior to design, the project engineer shall meet with the fire department water supply officer to jointly spot the required fire hydrant locations. 47. On-site Private Fire Service Mains and lor Hydrants: Installation of private fire service mains and/or fire hydrants shall conform to National Fire Protection Association (NFP A) Standard # 24, and Fire Department Standard Details and Specification W -2. If the supply piping is "combined" (sprinkler system & hydrants), a U.L. approved 4-way FDC shall be provided. A separate installation permit from the fire department is required. 48. Timing of ReQuired Water Supply Installations: Installations of required fire service(s) and fire hydrant(s) shall be tested and accepted by the Fire Department, prior to the start of framing or delivery of bulk combustible materials. Building permit issuance may be withheld until required installations are completed, tested and accepted. 49. Location of Required Fire Protection System(s) EQuipment: Proposed locations for fire hydrants, fire sprinkler system(s) control valves (PIV/OS&Y), fire department connections Conditions of Approval- Planning Commission Meeting of April2b, 2005 PLN2004-151/152 - 330 East Hamilton Avenue Page 9 of9 (FDC) and fire alarm equipment shall be coordinated with the Fire Department and the project planners prior to submittal of formal designs. 50. Required Access to Water Supply Hvdrant(s): Portions of the structure(s) are greater than 150 feet of travel distance from the centerline of the roadway containing public fire hydrants. Provide an on-site fire hydrant or provide an approved fire sprinkler system throughout all portions of the building. 51. Fire Apparatus (Engine) Access Roads Required: Provide access roadways with a paved all weather surface, a minimum unobstructed width of 20 feet, vertical clearance of 13 feet, 6 inches, minimum circulating turning radius of 36 feet outside and 23 feet inside and a maximum slope of 15 percent. Installations shall conform to Fire Department Standard Details and Specifications sheet A-I. 52. Fire Department (Engine) Turn-Around Required: Provide an approved fire department engine roadway turnaround with a minimum radius of 36 feet outside and 23 feet inside. Installations shall conform to Fire Department Standard Details and Specification sheet A-I. Cul-de-sac diameters shall be no less than 72 feet. 53. Fire Department Key Box Required: The building shall be equipped with a permanently installed emergency access key lock box (Knox) conforming to Fire Department Standard Detail and Specification sheet K -1. At time of final inspection, access keys shall be provided to the Fire Department. 54. Fire Apparatus (Ladder Truck) Access Roads Required: Provide emergency access roadways of a paved all-weather surface, a minimum unobstructed width of 30 feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 36 feet outside and 26 feet inside, a maximum slope of 10 percent and vehicle loading of 70,000 pounds. During construction, emergency access roads shall be maintained clear and unimpeded. 55. Premises Identification: Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background. Attachment #5 CONDITIONS OF APPROVAL FOR FILE NO. PLN2005-32 SITE ADDRESS: APPLICANT: DATE: 330 E. Hamilton Avenue Rex McLean April 26, 2005 The applicant is hereby notified, as part of this application, that (s)he is required to meet the following conditions in accordance with the ordinances of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. 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 items under review. Additionally, the applicant is hereby notified that (s)he is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertains to this development and are not herein specified: COMMUNITY DEVELOPMENT DEPARTMENT Plannine: Division: 1. Approved Proiect: Approval is granted for a Tree Removal Permit (PLN2005-32) to allow the removal of seven protected trees on property located at 330 E. Hamilton Avenue. The Tree Removal Permit shall only be valid in conjunction with the approved Site and Architectural Review Permit/Conditional Use Permit (pLN2004-1511152). 2. Replacement of Removed Trees: The applicant shall provide seven 24-inch box replacement trees for the protected trees to be removed as part of the development. 3. Landscape Plan: Prior to the issuance of building permits, the applicant shall submit a final detailed landscape and irrigation plan to the Planning Division for review and approval by the Community Development Director. The landscape and irrigation plan shall substantially conform to the approved conceptual landscape plan and the City's Water Efficient Landscaping Standards (WELS) and shall include all replacement trees as required for the Tree Removal Permit. All landscaping and trees shall be installed prior to the issuance of a Certificate of Occupancy for the building.