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PD Permit - 2006December 12, 2007 Ms. Franceska Gleason Edwin Bruce Associates 1625 The Alameda, Suite 610 San Jose, CA 95126 Re: PLN2006-59/PLN2007-158 - 1805 S. Winchester Boulevard Administrative Planned Development Permit and Sign Exception Dear Applicant: Please be advised that at its meeting of December 11, 2007, the Planning Commission took the following actions: • Adopted Resolution No. 3858 granting an Administrative Planned Development Permit for exterior building and site modifications to an existing commercial building (KFC and A&W Restaurant) on the above-referenced property. • Adopted Resolution No. 3859 denying a Sign Exception for multiple wall signs for an existing commercial building on the above-referenced property. This action is effective in ten calendar days, unless appealed in writing to the City Clerk by 5 p.m. on Friday, December 21, 2007. 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, Steve Prosser Planner I cc: Harman Management Corporation (Property Owners) 199 First Street, Suite 212 Los Altos, CA 94022 RESOLUTION NO. 3858 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL GRANTING AN ADMINISTRATIVE PLANNED DEVELOPMENT PERMIT (PLN2006-59) FOR EXTERIOR BUILDING AND SITE MODIFICATIONS TO AN EXISTING COMMERCIAL BUILDING (KFC AND A&W RESTAURANT) ON PROPERTY OWNED BY HARMAN MANAGEMENT CORPORATION LOCATED AT 1805 S. WINCHESTER BOULEVARD IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MS. FRANCESKA GLEASON, ON BEHALF OF EDWIN BRUCE ASSOCIATES. FILE NO: PLN2006-59). After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. The Planning Commission finds as follows with regard to File No. PLN2006-59: 1. The proposed facade improvement, remodel and site improvements in conjunction with an existing restaurant are consistent with the Central Commercial General Plan land use designation. 2. The proposed facade improvement, remodel and site improvements in conjunction with a restaurant will be compatible with the P-D (Planned Development) zoning designation with approval of an Administrative Planned Development Permit. 3. The project site consists of a 3,034 square foot existing restaurant (KFC & A&W). 4. The existing 29 parking spaces will adequately address the parking needs of the subject site and the continued use. 29 parking spaces are proposed for the restaurant use and a total of 26 parking spaces are required. 5. The project site is located at the northwest corner of S. Winchester Boulevard and Latimer Avenue. The proposed project is surrounded by commercial uses to the east, commercial and residential uses to the west, commercial, public assembly and residential uses to the north, and office and public facility to the south. 6. The proposed project is consistent with other developments and uses in the surrounding area. 7. The business operating hours shall be restricted to 10:00 a.m. to 10:00 p.m., Monday through Sunday. 8. The hours employee activity may occur shall be restricted to 9:00 a.m. to 11:00 p.m., Monday through Sunday. Planning Commission Resolution No. 3858 PLN2006-59 - 1805 S. Winchester Boulevard Administrative Planned Development Permit Page 2 9. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 (Existing Facilities) of 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. 2. The proposed project is compatible with the General plan and will aid in the harmonious development of the immediate area. 3. The proposed site is adequate in terms of size and shape to accommodate the fences and walls, landscaping, parking and loading facilities, yards, and other development features required in order to integrate the use with uses in the surrounding area. 4. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic the use would be expected to generate. 5. The proposed project will not significantly increase the demand on City services. 6. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses on-site and in the vicinity of the subject property. 7. The establishment, maintenance, or operation of the proposed use at the location proposed will not be detrimental to the comfort, health, morals, peace, safety, or general welfare of persons residing or working in the neighborhood of the proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. 8. No substantial evidence has been presented which shows that the project, as currently presented and subject to the required Conditions of Approval, will have a significant adverse impact on the environment. 9. 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 grants an Administrative Planned Development Permit (PLN2006-59) for exterior building and site modifications for an existing commercial building (KFC and A&W Restaurant) on property owned by Harman Management Corporation located at 1805 S. Winchester Boulevard in a P-D (Planned Development) Zoning District. Planning Commission Resolution No. 3858 PLN2006-59 - 1805 S. Winchester Boulevard Administrative Planned Development Permit Page 3 Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. COMMUNITY DEVELOPMENT DEPARTMENT Planning Division 1. Declaration of Acceptance of All Conditions: Within thirty (30) days of Planning Commission approval, the applicant shall sign the final, approved set of Conditions of Approval. Until said Conditions are signed, the proposed Use Permit shall not be valid for any permits sought from the City. 2. Approved Project: Approval is granted for an Administrative Planned Development Permit (PLN2006-59) to allow a facade improvement, remodel and site modification in conjunction with an existing restaurant (KFC & A&W) located at 1805 S. Winchester Boulevard. The project shall substantially conform to the project plans received by the Planning Division on October 10, 2007, except as modified by the Conditions of Approval contained herein: a. Revise the cupola towers to include plate stock aluminum roofing. 3. Sign Exception Permit: The applicant shall comply with the Conditions of Approval for the Sign Exception Permit in conjunction with the Administrative Planned Development Permit. 4. Administrative Planned Development Permit: The Administrative Planned Development Permit approval shall be valid for two years from the date of final approval. Within this two-year period, the use must be established on the property and the Conditions of Approval satisfied. Failure to meet this deadline will result in the Administrative Planned Development Permit being void. 5. Revocation of Permit: Operation of the use in violation of the Administrative Planned Development Permit or any standards, codes, or ordinances of the City of Campbell shall be grounds for consideration of revocation of the Administrative Planned Development Permit by the Planning Commission. Planning Commission Resolution No. 3858 PLN2006-59 - 1805 S. Winchester Boulevard Administrative Planned Development Permit Page 4 6. Business Hours: The hours of operation shall be restricted to 10:00 a.m. to 10:00 p.m., Monday through Sunday. The closing time shall mean the business is closed to the public. 7. Operational Hours: The hours of allowed for employee activity shall be restricted to 9:00 a.m. to 11:00 p.m., Monday through Sunday. 8. Restaurant Seating: The maximum number of seats for the restaurant shall be limited to 78 seats. 9. Property Maintenance: The owner/operator of the subject property shall maintain all exterior areas of the business free from graffiti, trash, rubbish, posters and stickers placed on the property. 10. Signage: Signage is approved through a Sign Exception Permit and any additional provisions of the Sign Ordinance, Chapter 21.30 of the Campbell Municipal Code. 11. Outdoor Storage: No outdoor storage 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. 12. Live Entertainment: No live entertainment is approved as part of the development application approved herein, including live music, disc jockey, karaoke, and dancing. 13. Loiterin There shall be no loitering allowed outside the business in the rear parking lot or the side parking lot areas. The business owner is responsible for monitoring the premises to prevent loitering. 14. Noise: a. Noise Standard: Any noises, sounds and/or voices, including but not limited to amplified sounds, loud speakers, sounds from audio sound systems, and/or music, generated by the subject use shall not be audible to a person of normal hearing capacity from any residential property. Public address systems of all types are strictly prohibited. b. Noise Management: In the event complaints are received by the City regarding noise, the Community Development Director may immediately modify the hours of operation and/or limit the extended hours of operation, subject to the project being brought back to the Planning Commission for review. c. Front and Rear Doors: The front and rear doors to the business shall not remain in an open position during business hours. Planning Commission Resolution No. 3858 PLN2006-59 - 1805 S. Winchester Boulevard Administrative Planned Development Permit Page 5 15.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. 16. Construction Activities: The applicant shall abide by the following requirements during construction: a. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00 p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take place on Sundays or holidays unless an exception is granted by the Building Official. b. Truck routes to and from the construction site should be established and submitted to the City for review and approval prior to issuance of a building permit. These truck routes shall avoid access to the project site via residential streets where possible. c. All construction equipment with internal combustion engines used on the project site shall be properly mufFled and maintained in good working condition. d. Unnecessary idling of internal combustion engines shall be strictly prohibited. e. All stationary noise-generating construction equipment, such as air compressors and portable power generators, shall be located as far as possible from noise- sensitive receptors such as existing residences and businesses. f. 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 so that the contractor can be made aware of noise complaints. g. Construction equipment, vehicles, and workers associated with the development of the project shall not be permitted to park on any residential streets. 17. Trash & Clean Up: All trash, normal clean up, carpet cleaning, etc. shall not be done in the late evening or early morning hours. All clean up shall be done between 9:00 a.m. and 11:00 p.m. daily. 18. Parking and Driveways: All parking and driveway areas shall be maintained in compliance with the standards in Chapter 21.28 (Parking & Loading) of the Campbell Municipal Code. A total of 40 parking spaces will be provided for the restaurant use. Planning Commission Resolution No. 3858 PLN2006-59 - 1805 S. Winchester Boulevard Administrative Planned Development Permit Paae 6 Building Division 19. Permits Required: A building permit application shall be required for the proposed new tenant improvements to the existing commercial structure for the proposed medical office use. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 20. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 21. Size of Plans: The size of construction plans submitted for building permits shall be 24 inches by 36 inches. 22. 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. 23. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. The site plan shall also include site drainage details, site address, and parcel numbers. Site parking and path of travel to public sidewalks shall be detailed. 24. 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. 25. Non-Point Source: 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 Accessibilitv -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 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. Planning Commission Resolution No. 3858 PLN2006-59 - 1805 S. Winchester Boulevard Administrative Planned Development Permit Page 7 28. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. Santa Clara County Fire Department 29. P.G.&E.: The applicant is advised to contact P.G. &E. 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. The applicant should also consult with P.G. &E. concerning utility easements, distribution pole locations and required conductor clearances. Public Works Department: 30. Preliminary Title Report: Prior to issuance of any grading, drainage, or building permits for the site, the applicant shall provide a current Preliminary Title Report, grant deed, or other satisfactory proof of ownership. 31. Public Utility and Service Easements: Prior to issuance of any grading or building permits for the site, the applicant shall grant a 10 foot public utility and service easements on private property along the Winchester Blvd. and Latimer Ave. frontage. Where 10 feet is not attainable, the applicant shall grant as allowed by existing building structures. 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. 32. Right-of-Way for Public Street Purposes: Prior to issuance of any grading or building permits for the site, the applicant shall fully complete the process to cause additional right-of-way to be granted in fee for public street purposes along the Winchester Blvd. and W. Latimer Ave. frontage to accommodate a 45 foot and 30 foot street half width, respectively. 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 engineer/land surveyor, as necessary, for the City's review and recordation. 33. Street Improvements: Prior to issuance of 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 the construction of the standard public street improvements, as required by the City Engineer. The plans Shall include the following: Winchester Blvd. a. Show location of all existing utilities within the public right of way. Planning Commission Resolution No. 3858 PLN2006-59 - 1805 S. Winchester Boulevard Administrative Planned Development Permit Page 8 b. Relocation, as required by the City Engineer, of existing utility boxes, covers, etc. outside of sidewalk area. c. Removal of existing street trees, driveway approach, sidewalk, curb and gutter, as required by the City Engineer. d. Removal of existing curb ramp at northwest corner of Winchester Blvd. and Latimer Ave. e. Installation of City approved street trees, tree wells and irrigation at 30 feet on center. f. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway approach. g. Installation of ADA compliant curb ramp at northwest corner of Winchester Blvd. and Latimer Avenue. This may require the relocation of existing traffic facilities. h. Installation of asphalt concrete overlay per street pavement restoration plan for utility installation and/or abandonment, as required by the City Engineer. i. Removal of existing street light and installation of new streetlight, conduits, conductors and related facilities in accordance with the City of Campbell's Street Lighting Policies. j. Installation of traffic control, stripes and signs. k. Construction of conforms to existing public and private improvements, as necessary. Latimer Ave. a. Show location of all existing utilities within the public right of way. b. Relocation, as required by the City Engineer, of existing utility boxes, covers, etc. outside of sidewalk area. c. Removal of existing street trees, driveway approach, sidewalk, curb and gutter, as required by the City Engineer. d. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway approach. e. Installation of City approved trees, tree wells and irrigation as required by the City Engineer. f. Installation of new streetlight, conduits, conductors and related facilities in accordance with the City of Campbell's Street Lighting Policies. g. Installation of traffic control, stripes and signs. h. Construction of conforms to existing public and private improvements, as necessary. 34. Additional Street Improvements: Should any new utility main lines or other work required to service the development affects any street improvements, the City may add conditions to the development/project, at the discretion of the City Engineer, to restore pavement or other street improvements to the satisfaction of the City. Planning Commission Resolution No. 3858 PLN2006-59 - 1805 S. Winchester Boulevard Administrative Planned Development Permit Page 9 35. 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, and the design engineer shall submit as-built drawings to the City. 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. 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. 38. Utilities: All new 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. It shall also be the responsibility of the applicant to pay any required utility fees, obtain utility permits and approval for any and all required utility work in the pubic right of way. 39. 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. 40. 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. Winchester Boulevard was overlaid in 2002. Latimer Avenue was overlaid in 1998. 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 41. 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. Planning Commission Resolution No. 3858 PLN2006-59 - 1805 S. Winchester Boulevard Administrative Planned Development Permit Page 10 42. 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 for Commercial/Retail land use. 43. 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) permitting requirements, the California Storm Water Best Management Practices Handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley Water District requirements, and the City of Campbell Municipal Code regarding storm water pollution prevention. The City will provide the applicant with information to assist in complying with this condition of approval. The primary objective is to improve the quality and reduce the quantity of storm water runoff to the Bay. PASSEDi vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: AND ADOPTED this Commissioners: Commissioners: Commissioners: Commissioners: 11th day of December, 2007, by the following roll calf Alderete, Doorley, Ebner, Gairaud, Gibbons, Rocha and Roseberry None None None APPROVED: Michael Rocha, Chair Jackie C. Young Lind, Acting Secretary _ ~ ,. .C% ~uG+~r, ~~~~~ r~N(.:~ ~~=~.r~ ~~a-N tick-~~~+~N r ter'. RESOLUTION NO. 3859 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL DENYING A SIGN EXCEPTION (PLN2007-158) FOR MULTIPLE WALL SIGNS FOR AN EXISTING COMMERCIAL BUILDING (KFC AND A&W RESTAURANT) ON PROPERTY OWNED BY HARMAN MANAGEMENT CORPORATION LOCATED AT 1805 S. WINCHESTER BOULEVARD IN A P-D (PLANNED DEVELOPMENT) ZONIG DISTRICT. APPLICATION OF MS. FRANCESKA GLEASON, ON BEHALF OF EDWIN BRUCE ASSOCIATES. FILE NO: PLN2007- 158. 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 PLN2007-158. 1. The signs otherwise allowed by this chapter would be visible to the public due to issues of distance or obstructions that are not beyond the control of the owner of the site on which the signs are or would be located. 2. The signs could be made visible and intelligible to a person of normal sight by allowing an increase in the area or height signs pursuant to subsection (C)(4), (Increased sign area or increase sign height) of the Sign Ordinance. 3. The additional signs do not comply with all of the requirements of the Sign Ordinance. Based on the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed signs are not consistent with the purposes of the Sign Ordinance by preserving and improving the visual character of the community. 2. The use for which the signs are to be erected would be adequately identified without exceeding the standards of the Sign Ordinance. 3. The proposed signs will be detrimental to the public welfare or persons in the neighborhood or the City as a whole and does not allow for reasonable business identification. Planning Commission Resolution No. 3859 PLN2007-158 - 1805 S. Winchester Boulevard -Denial of Sign Exception Page 2 THEREFORE, BE IT RESOLVED that the Planning Commission denies a Sign Exception (PLN2007-158) for multiple wall signs for an existing commercial building (KFC and A&W Restaurant) on property owned by Harman Management Corporation located at 1805 S. Winchester Boulevard in a P-D (Planned Development) Zoning District. PASSED AND ADOPTED this 11th day of December, 2007, by the following roll call vote: AYES: Commissioners: Alderete, Doorley, Ebner, Gairaud and Rocha NOES: Commissioners: Gibbons and Roseberry ABSENT: Commissioners: None ABSTAIN: Commissioners: None APPROVED: Michael Rocha, Chair ATTEST: Jackie C. Young Lind, Acting Secretary ,~'~~, ~~~~ _ _ ~ . f-~~6 al , c3 , eg Ar'PLiG•~N7~ IZr=c'irf `iE.rL71 ~~(.~ Cw1~lF_ ice- HrhZ~tiif~r`~ M'4-~-'/~(rE~~! ~IZ-~-