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PD - Expired - 2006CITY of CAMPBELL Community Development Department July 30, 2008 Mr. Kenneth Rodrigues Kenneth Rodrigues & Partners, Inc 445 N. Whisman Road, Ste. 200 Mountain View, CA 94043 Re: 2135 & 2145 Winchester Boulevard PLN2006-81 (Planned Development Permit) PLN2006-82 (Tree Removal Permit) Dear Mr. Rodrigues, At its regular meeting of November 21, 2006, the Campbell City Council held a public hearing to consider your application, on behalf of Lexor Builders, for a Planned Development Permit (PLN2006-81) to allow construction of a new 5,488 square foot one story commercial building and a Tree Removal Permit (PLN2006-82) for the removal of six protected trees, on property owned by Lexor Builders located at 2135 and 2145 Winchester Boulevard in a P-D (Planned Development) Zoning District. Pursuant to Condition of Approval #2 of City Council Resolution 10709 approving the Planned Development Permit, the Planned Development Permit is valid for a period of two years from the date of final City Council approval. A building permit must be obtained within this two-year period or the Planned Development Permit shall be void. Pursuant to Condition of Approval #1 of City Council Resolution 10710 approving the Tree Removal Permit, the approval shall be valid only in conjunction with the approval Planned Development Permit. As the Building Permit issued for the above project expired as a result of your failure to begin construction, the establishment of use condition required to validate the Planned Development Permit has not been met. Your Planned Development Permit shall, therefore, expire on November 21, 2008. If the Planned Development Permit expires, all land use approvals are void and a new application that complies with all current local and state regulations will be required. The City of Campbell Zoning Code Section 21.56.030 does allow an applicant to request an extension of the permit expiration date by filing a written request for an extension no later than thirty days before the expiration of the permit, together with the filing fee required by the City's 2135 & 2145 Winchester Boulevard schedule of fees and charges. I have enclosed a Reinstatement and Extension of Approval application for your review. The application requires that the applicant has made a good faith effort to fulfill all the requirements of the permit approval, in order to justify the permit extension. The first extension maybe approved, approved with modifications, or denied by the Community Development Director for a maximum period of twelve months beyond the original approval time limit. The Community Development Director has the authority to refer action on the extension to the Planning Commission for a decision. I may be reached at (408) 866-2142 or by e-mail at stevep@cityofcampbell.com in order to address questions or concerns regarding this permit expiration notification. Sincerely, Steve L. Prosser Assistant Planner encl: Reinstatement and Extension of Approval Application Page 2 of 2 cc: Lexor Investments Inc., 15585 Los Gatos Boulevard, Los Gatos, CA 95032 Jackie C. Young, Principal Planner Bill Bruckart, Building Official City Clerk's Office November 21, 2006 Mr. Kenneth Rodrigues Kenneth Rodrigues & Partners, Inc. 445 N. Whisman Road, Ste. 200 Mountain View, CA 94043 Dear Mr. Rodrigues: At the regular meeting of November 21, 2006, the Campbell City Council held a public hearing to consider your application, on behalf of Lexor Builders, for a Planned Development Permit (PLN 2006-81) to allow the construction of a new, 5,488 square foot, one story commercial building, a Tree Removal Permit (PLN 2006-82) for the removal of six protected trees, on property owned by Lexor Builders located at 2135 and 2145 S. Winchester Boulevard in a P-D (Planned Development) Zoning District. At your request, your application for an Underground Utility Waiver (PLN 2006-146) was withdrawn prior to the start of the City Council Meeting. After hearing public testimony, and following City Council discussion and deliberation, the City Council took action as follows: 1. Adopted Resolution No. 10709, approving a Planned Development Permit (PLN 2006- 81) to allow the construction of a new 5,488 square foot commercial building on property owned by Lexor Builders located at 2135 and 2145 S. Winchester Boulevard in a P-D (Planned Development) Zoning District incorporating findings, and subject to the attached Conditions of Approval. 2. Adopted Resolution No. 10710, approving a Tree Removal Permit (PLN 2006-82) to allow the removal of six protected trees on property owned by Lexor Builders located at 2135 and 2145 S. Winchester Boulevard in a P-D (Planned Development) Zoning District, incorporating findings, and subject to the attached Conditions of Approval. A certified copy of these Resolutions is attached for your records. Continued ... Page 2 - 2135 and 2145 S. Winchester Boulevard Please note that 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 of law) sets forth a more specific time period. Should you have any questions in regard to the City Council's action, please do not hesitate to contact this office (866-2117) or Jackie Young Lind, Senior Planner, Community Development Department. Sincerely, ;` f !~ rf . ~ ~ r0 Anne Bybee City Clerk Attachment: cc. Lexor Builders, 15585 Los Gatos Boulevard, Los Gatos, CA 95032 Jackie Young Lind, Senior Planner, Community Development Dept. RESOLUTION NO. io~o9 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A PLANNED DEVELOPMENT PERMIT (PLN2006-81) TO ALLOW THE CONSTRUCTION OF A NEW 5,488 SQUARE FOOT COMMERCIAL BUILDING ON PROPERTY OWNED BY LEXOR BUILDERS LOCATED AT 2135 & 2145 S. WINCHESTER BOULEVARD IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. KENNETH RODRIGUES. FILE NO: PLN2006-81. 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 City Council did find as follows with respect to application PLN2006-81: 1. The proposed project is consistent with the Planned Development Zoning Ordinance. 2. The site plan proposes the construction ~ a new, 5,488 square foot, one-story commercial building. 3. The project provides a total of 26 parking spaces, where 27 spaces are required. CMC Section 21.28.050 allows for consideration of an Adjustment to Parking Requirements. 4. The majority of the parking spaces are located away from the western property line which abuts residential. 5. The completed project would consist of a new, 5,488 square foot, one-story commercial building with a building coverage of 32%, landscaping coverage of 24% and paving coverage of 44%. 6. The proposed project will have a floor area ratio of 0.32 7. Six protected trees would need to be removed as part of this project. 8. The current Project Plans reflect the architectural changes discussed with staff to provide a project which reflects the quality of new Downtown redevelopment. 9. The project is Categorically Exempt under Section 15303, Class 3 (New Construction or Conversion of Small Structures) of the California Environmental Quality Act (CEQA). City Council Resolution PLN2006-81 - 2135 & 2145 S. Winchester Boulevard -Planned Development Permit Page 2 of 13 Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1. The development will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 2. The proposed development will not result in allowing more residential units than would be allowed by other residential zoning districts, which are consistent with the General Plan designation of the property. 3. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 4. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. 5. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 6. 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. THEREFORE, BE IT RESOLVED that the City Council approves a Planned Development Permit (PLN2006-81) to allow the construction of a new 5,488 square foot commercial building on property owned by Lexor Builders located at 2135 & 2145 S. Winchester Boulevard in a P-D (Planned Development) 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 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: Approved Project: Approval is granted for a Planned Development Permit to allow the construction a new, 5,488 square foot, one-story commercial building located at 2135-2145 S. Winchester Boulevard. The building designs and site design shall substantially conform to the project exhibits listed below, except as may be modified by the conditions of approval herein: City Council Resolution PLN2006-81 - 2135 & 2145 S. Winchester Boulevard -Planned Development Permit Page 3 of 13 a. Project plans prepared by Kenneth Rodrigues & Partners, Inc and stamped as received by the Planning Division on August 14, 2006. b. Elevation and material board stamped as received by the Planning Division on August 14, 2006. 2. Permit Expiration: The Planned Development Permit is valid for a period of two years from the date of final City Council approval. A building permit must be obtained within this two-year period or the Planned Development Permit shall be void. 3. Landscape and Irrigation Plan: The applicant shall submit a final landscape and irrigation plan to the Planning Division, prior to the issuance of building permits, 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). 4. Tree Protection Plan: The applicant shall submit a tree protection plan for all protected trees to be retained on site or on adjacent lots that are impacted by the project, and shall contain specific information about the preservation of the trees during any grading or building on site. Such tree protection measures shall be installed prior to any demolition, grading, or building (e.g. building foundations, retaining walls, tree wells, etc.) on the project site. No construction or trenching shall take place within the drip line of trees and a fence constructed of temporary cyclone fencing or wire mesh securely attached to poles driven into the ground shall be installed around the dripline of the tree. All trimming or branch removal from protected trees shall be completed by a certified arborist. The tree protection plan shall be submitted to the Planning Division for review and approval by the Community Development Director prior to the issuance of building permits. 5. Property Maintenance: The property is to be maintained free of any combustible trash, debris, and weeds until the time that actual construction commences. Any vacant existing structures shall be secured, by having windows boarded up and doors sealed shut, or be demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). 6. Fences: Any newly proposed fencing and/or walls shall comply with Section 21.18.050 of the Campbell Municipal Code and shall be reviewed and approved by the Community Development Director prior to issuance of any building permits for the project. Existing perimeter project fencing shall be reviewed and the condition accepted by the Community Development Director or new fencing shall be installed. 7. Utility Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to installation of PG&E utility (transformer) boxes and San Jose Water Company back- City Council Resolution PLN2006-81 - 2135 & 2145 S. Winchester Boulevard -Planned Development Permit Page 4 of 13 flow preventers, indicating the location of the boxes and screening (if the boxes are above ground) for approval by the Community Development Director. 8. 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. 9. Contractor Contact Information Posting: The project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street prior to the issuance of building permits. 10. Archaeological & Paleontological Resources: If archaeological or paleontological resources are encountered during excavation or construction, construction personnel shall be instructed to immediately suspend all activity in the immediate vicinity of the suspected resources and the City and a licensed archeologist or paleontologist shalt be contacted to evaluate the situation. A licensed archeologist or paleontologist shall be retained to inspect the discovery and make any necessary recommendations to evaluate the find under current CEQA guidelines prior to the submittal of a resource mitigation plan and monitoring program to the City for review and approval prior to the continuation of any on-site construction activity. 11. Human Burial or Skeletal Element Discovery: In the event a human burial or skeletal element is identified during excavation or construction, work in that location shall stop immediately until the find can be properly treated. The City and the Santa Clara County Coroner's office shall be notified. If deemed prehistoric, the Coroner's office would notify the Native American Heritage Commission who would identify a "Most Likely Descendant (MLD)." The archeological consultant and MLD, in conjunction with the project sponsor, shall formulate an appropriate treatment plan for the find, which might include, but not be limited to, respectful scientific recording and removal, being left in place, removal and reburial on site, or elsewhere. Associated grave goods are to be treated in the same manner. 12. Construction Mitigation Measures: The following practices should be followed during all phases of site preparation and construction activities: 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 City Council Resolution PLN2006-81 - 2135 & 2145 S. Winchester Boulevard -Planned Development Permit Page 5 of 13 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. 13. Outdoor Storage: No outdoor storage shall be permitted on the subject property. No equipment, materials, or business vehicles shall be parked and/or stored outside the building beyond normal business hours. 14. Parking & Driveway: All parking and driveway areas shall be maintained in compliance with the standards in Chapter 21.28 (Parking & Loading) of the Campbell Municipal Code, with the following exception: A Parking Exception is approved for this project. the approved parking scheme provides (24) uni-stall (8-1/2' x 18') and (2) accessible parking spaces for a total of (26) parking spaces, which is one space less that the required number of parking spaces (based on one space/200 s.f. of retail). 15. Location of Mechanical Equipment: conditioning units, ventilation ducts providing screening of the mechan properties. The screening materia' with the building and requires Development Director. No roof-mounted mechanical equipment (i.e. air or vents) shall be added to the building without ;al equipment from public view and surrounding and method shall be architecturally compatible he review and approval of the Community 16. Trash Enclosure: In order to minimize disruption to the adjacent residential properties, the trash enclosure shall not be accessed after 10 p.m. 17. Noise: In the event complaints are received by the City regarding noise, the Community Development Director, upon confirmation that that noises are being generated on the subject property, may immediately modify the hours of operation, subject to the project being brought back to the Planning Commission for review. City Council Resolution PLN2006-81 - 2135 & 2145 S. Winchester Boulevard -Planned Development Permit Page 6 of 13 -- 18. Property Maintenance: Maintain all exterior areas of the business free from graffiti, trash and rubbish. 19. Signs and Advertising: All signs shall be installed and maintained consistent with Campbell Municipal Code (CMC) Chapter 21.30, Sign Ordinance. The property owner shall give this information to all building tenants. Of particular note is CMC Section 21.30.070, which regulates temporary signs and/or promotional devices. 20. Signs: Signs are not approved for this project under this application. 21. Underground Utility Waiver: An Underground Utility Waiver is not approved for this project under this application. 22. Outdoor Uses: Outdoor uses (e.g. outdoor seating, etc.) are not approved for this project under this application. 23. Light or Glare: Light or glare from the project shall be shielded or modified to prevent emission of light or glare beyond the subject property. The placement of outdoor lights shall eliminate spillover illumination or glare onto adjoining properties and shall not interfere with the normal operation or enjoyment of adjoining properties. 24. Wall/fence along the West Property Line: The developer shall meet with the neighboring property owners and the Community Development Director to discuss the wall or fence proposed along the west property line. The final specification for the wall or fence shall be subject to the review and approval of the Community Development Director. 25. Street Trees: Street trees shall be provided as required by the Streetscape Standards for Winchester Blvd. as described in the Campbell General Plan, Appendix A2. Building Division: 26. Permits Required: A building permit application shall be required for each new townhouse living unit. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 27. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 28. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 inches by 36 inches. City Council Resolution PLN2006-81 - 2135 & 2145 S. Winchester Boulevard -Planned Development Permit Pape 7 of 13 29. 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. 30. 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 drainage details. 31. 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. 32. 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 33. Title 24 Energy Compliance: California Title 24 Energy Compliance forms CF-1 R and MF-1 R shall be blue-lined on the construction plans. 8'/2 X 11 calculations shall be submitted to the Building Division. 34. 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. 35. Non-Point Source Pollution Control: 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. 36. 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. 37. Title 24 Accessibility -Commercial: Projects seeking to use the Title 24 Hardship exemption clause shall blue-line completed, City of Campbell "20%" exemption form City Council Resolution PLN2006-81 - 2135 & 2145 S. Winchester Boulevard -Planned Development Permit Page 8 of 13 on submitted construction plans. Form is available at Building Division service counter. 38. 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) e. Santa Clara County Department of Environmental Health 39. P.G.&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. FIRE DEPARTMENT 40. Formal Plan Review: Review of this development proposal is limited to accessibility of site access and water supply as they pertain to fire department operations, and shall mot be construed as a substitute for formal plan review to determine compliance with adopted model codes. Prior to performing any work the applicant shall make application to, and receive from, the Building Division all applicable construction permits. 41. Required Fire Flow: The required fire flow for this project is 2,250 gpm at 20 psi residual pressure. The required fire flow is available from area water mains and fire hydrant(s), which are not spaced at the required spacing. 42. 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%. Installations shall conform to Fire Department Standard Details and Specifications Sheet A-1. 43. Fire Lane Marking Required: Provide marking for all roadways within the project. Markings shall be per Fire Department specifications. Installations shall also conform to Local Government Standards and Fire Department Standard Details and Specifications Sheet A-6. City Council Resolution PLN2006-81 - 2135 & 2145 S. Winchester Boulevard -Planned Development Permit Page 9 of 13 44. Parking Along Roadways: The required width of fire access roadways shall not be obstructed in any manner and parking shall not be allowed along roadways less than 28 feet in width. Parking may be permitted along one side of roadways 28-35 feet in width. For roadways equal to or greater than 36 feet, parking will be allowed on both sides of the roadway. Roadway widths shall be measured curb face to curb face, with parking space based on an 8 ft width. 45. New Commercial Buildings: All new commercial buildings shall comply with standard specifications SI-7 for construction site fire safety. 46. Public Fire Hydrant(s) Required: Provide 1 public fire hydrant(s) at location(s) to be determined by the Fire Department and San Jose Water Company. Hydrant(s) shall have a minimum single flow of 2,250 GPM at 20 psi residual, with spacing not to exceed 250 feet. Prior to applying for building permit, provide civil drawings reflecting all fire hydrants serving the site. To prevent building permit delays the developer shall pay all required fees to the water as soon as possible. 47. Timing of Required Water Supply Installations: Installations of required fire services(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. 48. Fire Hydrant: Prior to project final inspection, the general contractor shall ensure that an approved ("Blue Dot") fire hydrant location identifier has been placed in the roadway, as directed by the Fire Department. 49. 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 key shall be provided to the Fire Department. 50. 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. PUBLIC WORKS DEPARTMENT 51. Preliminary Title Report: Prior to issuance of any grading or building permits for the site, the applicant shall provide a current (within the past 6 months) Preliminary Title Report. 52. 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 S. Winchester Blvd. and W. Rincon Ave. frontages to accommodate a 45' half street City Council Resolution PLN2006-81 - 2135 & 2145 S. Winchester Boulevard -Planned Development Permit Page 10 of 13 width and 30' half street 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. 53. 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: Rincon Avenue: a. Show location of all existing utilities within the new and existing public right of way. b. Relocation of all existing utilities including utility boxes, covers, poles, etc. outside of sidewalk area. No utility boxes, covers, etc. will be allowed in the sidewalk area. c. Removal of existing driveway approach, sidewalk, curb and gutter. d. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway approach. e. Installation of City approved street trees, tree wells and irrigation at 30 feet on center. f. Installation of asphalt concrete overlay per street pavement restoration plan for utility installation and/or abandonment, as required by the City Engineer. g. Installation of streetlights, conduits, conductors and related facilities in accordance with the City of Campbell's Street Lighting Policies. h. Installation of traffic control, stripes and signs. i. Construction of conforms to existing public and private improvements, as necessary. S. Winchester Blvd.: a. Show location of all existing utilities within the new and existing public right of way. City Council Resolution PLN2006-81 - 2135 & 2145 S. Winchester Boulevard -Planned Development Permit Page 11 of 13 b. Relocation of all existing utilities including utility boxes, covers, poles, etc. outside of sidewalk area. No utility boxes, covers, etc. will be allowed in the sidewalk area. c. Removal of existing driveway approaches, sidewalk, curb and gutter. d. Removal of existing curb ramp at southwest corner of Winchester Blvd. and W. Rincon Avenue. e. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway approach. f. Installation of ADA compliant curb ramp at southwest corner of Winchester Blvd. and W. Rincon Avenue. g. Installation of City approved street trees, tree wells and irrigation at 30 feet on center. h. Installation of asphalt concrete overlay per street pavement restoration plan for utility installation and/or abandonment, as required by the City Engineer. i. Installation of streetlights, 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. 54. Additional Street Improvements: Should any new utility main lines or other work required to service the development that affects any public improvements, the City may add conditions to the development/project, at the discretion of the City Engineer, to restore pavement or other public improvements to the satisfaction of the City. 55. 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. 56. Maintenance of Landscaping: Owner(s), current and future, are required to maintain the landscaped park strip and tree wells in the public right of way. This includes, but is not limited to: trees, lawn, plantings, irrigation, etc. Trees shall not be pruned in a manner that would not allow the tree to grow to a mature height. 57. Utility Encroachment Permit: Separate permits for the installation of utilities to serve the development will be required (including water, sewer, gas, electric, etc.). City Council Resolution PLN2006-81 - 2135 & 2145 S. Winchester Boulevard -Planned Development Permit Page 12 of 13 Applicant shall apply for and pay all necessary fees for utility permits for sanitary sewer, gas, water, electric and all other utility work. 58. 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. 59. 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. 60. 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. 61. 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. S. Winchester Blvd. was overlaid in 2002. 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. 62. 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. 63. 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, currently set at $2,650 per net acre. 64. stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding stormwater pollution prevention. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay. City Council Resolution PLN2006-81 - 2135 & 2145 S. Winchester Boulevard -Planned Development Permit Page 13 of 13 a. Resources to achieve these objectives include: Stormwater Best Management Practices Handbook for New Development and Redevelopment ("CA BMP Handbook") by the California Stormwater Quality Association (CASQA), 2003 ii. Start at the Source: A Design Guidance Manual for Stormwater Quality Protection ("Start at the Source") by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999 iii. Using Site Design Techniques to Meet Development Standards for Stormwater Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003 65. Lot Merger: Prior to issuance of any grading or building permits for the site, the applicant shall fully complete the merger of the two lots into one lot. This action can be accomplished with a map or a lot line adjustment. The applicant shall submit the necessary documents, pay the current processing fees and fully process the merger with City stafFs comments. Should a record of survey be required per Section 8762 of the Business and Professions Code, a recorded copy of the record of survey shall be submitted prior to issuance of any grading or building permits. 66. Legal Lot: The applicant shall provide documentation to ascertain that the lot has been legally created PASSED AND ADOPTED this 21St day of following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: AI November 2006, by the Kennedy, Hernandez, Burr, Furtado, Watson None None None PROVED: ~~~~ Jeanette Watson, Mayor L~ ATTEST: -~ Anne Bybee, City Clerk TFit FOREC'03NC~~V~C}r' ~THE~ AND COFf~CY .. ON Fll.P IN THiS C.- iC:E. A aNN~ aver. cxrir CL6~K Crnr ~~ ~~ ~~~ RESOLUTION NO. io~io BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A TREE REMOVAL PERMIT (PLN2006- 82) TO ALLOW THE REMOVAL OF SIX PROTECTED TREES ON PROPERTY OWNED BY LEXOR BUILDERS LOCATED AT 2135 & 2145 S. WINCHESTER BOULEVARD IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. KENNETH RODRIGUES. FILE NO: PLN2006-82. 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 City Council did find as follows with respect to application PLN2006-82: The proposed Tree Removal Permit is consistent with the Central Commercial General Plan land use designation and P-D (Planned Development) Zoning District. 2. The project will include the removal of six protected trees because they would prohibit the construction of the proposed building. 3. The four replacement trees (three 24-inch box and one 36-inch box) are consistent with the tree replacement requirements of the Tree Protection Regulations, which require only the replacement of trees larger than 12-inches in diameter. 4. The proposed replacement trees are of four different species and thus will be a sufficient replacement for the trees to be removed and will continue the diversity of tree species found in the community. Based upon the foregoing findings of fact, the City Council 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 due to the number of site constraints of the infill site. 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. City Council Resolution PLN2006-82 - 2135 & 2145 S. Winchester Boulevard -Tree Removal Permit Page 2 of 3 3. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project NOW, THEREFORE, BE IT RESOLVED that the City Council approves a Tree Removal Permit (PLN2006-82) to allow the removal of six protected trees on property owned by Lexor Builders located at 2135 & 2145 S. Winchester Boulevard in a P-D (Planned Development) 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 he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. COMMUNITY DEVELOPMENT DEPARTMENT Planning Division: 1. Approved Permit: Approval is granted for a Tree Removal Permit to allow the removal of six protected trees on property located at 2135-2145 S. Winchester Boulevard. This permit shall be valid only in conjunction with the approved Planned Development Permit (PLN2006-81 ). 2. Replacement Trees: A minimum of two 24-inch box size trees and one 35-inch tree shall be required as replacement for the six protected trees to be removed. The location and species of these trees shall be shown on the detailed landscape and irrigation plans that shall be submitted to the Planning Division for review and approval by the Community Development Director, prior to the issuance of building permits. The proposed replacement trees shall continue the diversity of tree species found in the community and shall be a species listed in the City's Water Efficient Landscaping Standards (WELS). Tree Protection Plan: The applicant shall submit a tree protection plan for all protected trees to be retained on site or on adjacent lots that are impacted by the project, and shall contain specific information about the preservation of the trees during any grading or building on site. Such tree protection measures shall be installed prior to any demolition, grading, or building on the project site. No construction or trenching shall take place within the drip line of trees beyond that shown on the plans and a fence constructed of temporary cyclone fencing or wire mesh securely attached to poles driven into the ground shall be installed around the drip line of the tree. All trimming or branch removal from protected trees shall be completed by a certified arborist. The tree protection plan shall be submitted to the Planning Division for review and approval by the Community Development Director prior to the issuance of building permits. City Council Resolution PLN2006-82 - 2135 & 2145 S. Winchester Boulevard -Tree Removal Permit Page 3 of 3 a. A specific detail for installation of walls and foundations under the drip line of the tree(s) to be preserved shall be submitted to the Community Development Director for review and approval prior to the issuance of a building permit. This detail shall be included in the construction document plan set. PASSED AND ADOPTED this 21St roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: API ~~~L~~ ATTEST: `~ ~- -~ Anne Bybee, City Clerk day of November , 2006, by the following Kennedy, Hernandez, Burr, Furtado, Watson None None None DROVED: "` Jeanette Watson, Mayor aa~o ~tcr ~v ~~ m~ ~~~ oN ~ ~~Tas.~s u~r~- c, a~~~ , am G.r~c arr ~a ~ (~k ~ ~~~~~ COUNCIL ANNOUNCEMENTS On November 30t" at 7:00 PM in the Council Chamber, the City will host a Community Meeting on the East Campbell Avenue Master Plan. The goal of the meeting is to solicit input for a Master Plan, which will provide a vision for private development and public improvements along East Campbell Avenue between Railway Avenue and Union Avenue. The annual Carol of Lights Community Event is scheduled for Sunday, December 3~d, at 5:00-8:00 PM in Downtown Campbell. The Chamber of Commerce Holiday Toy Program will be held on Thursday, December 7th, 6:00-9:00 PM in Orchard City Banquet Hall at the Community Center. The last City Council meeting of 2006 will be held on Monda ,December 11tH This meeting will include the oaths of office, and the election of Mayor and Vice Mayor. City is accepting applications for the Parks and Recreation Commission. Contact City Clerk's Office or website @ cityofcampbell.com. PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES 5. Application of Mr. Kenneth Rodrigues, on behalf of Lexor Builders, for a Planned Development Permit (PLN2006-81) to allow the construction of a new 5,488 square foot commercial building, a Tree Removal Permit (PLN2006-82) to allow the removal of six trees and an Underground Utility Waiver (PLN2006-146) to waive the requirement for undergrounding of utilities along Winchester Boulevard in a PD (Planned Development) Zoning District on property located at 2135 S. Winchester Boulevard (Resolutions/Roll Call Vote) This is the time and place for a public hearing to consider the application of Mr. Kenneth Rodrigues, on behalf of Lexor Builders, for a Planned Development Permit (PLN2006-81) to allow the construction of a new 5,488 square foot commercial building, a Tree Removal Permit (PLN2006-82) to allow the removal of six trees and an Underground Utility Waiver (PLN2006-146) to waive the requirement for undergrounding of utilities along Winchester Boulevard in a PD (Planned Development) Zoning District on property located at 2135 S. Winchester Boulevard. Senior Planner Lind -Staff Report dated November 21, 2006. Senior Planner Lind also stated that the applicant requested that their application for the Underground Utility Waiver be withdrawn at this time. Minutes of 11/21/2006 City Council Meeting 4 Mayor Watson declared the public hearing open and asked if anyone in the audience wished to be heard. Zachary Goldberg, representing the applicant, appeared before the City Council and spoke in support of the project. There being no one else wishing to speak, Mayor Watson closed the public hearing. MIS: Burr/Kennedy -that the City Council adopt Resolution 10709 incorporating Findings and approving a Planned Development Permit to allow the construction of a new 5,488 square foot, one-story commercial building located at 2135 & 2145 S. Winchester Boulevard, subject to Conditions of Approval and adopt Resolution 10710 approving a Tree Removal Permit (PLN 2006-82) to allow the removal of six protected trees on property owned by Lexor Builders located at 2145 S. Winchester Boulevard in a PD (Planned Development) Zoning District. Motion adopted by the following roll call vote: AYES: Councilmembers: Kennedy, Hernandez, Burr, Furtado, Watson NOES: Councilmembers: None 5. Application of Mr. Nick D'Arpino, on behalf of Motion Ultra Lounge, for a Parking Adjustment for the establishment of a new nightclub in the Grower's Bank Building (formerly used as the Gaslighter Theater) on property owned by Mr. Nick D'Arpino located at 400 E. Campbell Avenue in the C-3-S (Central Business District) Zoning District (ResolutionslRoll Call Vote) This is the time and place for a public hearing to consider the Application of Mr. Nick D'Arpino, on behalf of Motion Ultra Lounge, for a Parking Adjustment for the establishment of a new nightclub in the Grower's Bank Building (formerly used as the Gaslighter Theater) on property owned by Mr. Nick D'Arpino located at 400 E. Campbell Avenue in the C-3-S (Central Business District) Zoning District. Community Development Director Fierro -Staff Report dated November 21, 2006. City Council discussion followed regarding the parking issue and expressed concern that the valet parking plan may not be adequate. Mayor Watson declared the public hearing open and asked if anyone in the audience wished to be heard. Minutes of 1112112006 City Council Meeting 5 j~ ~~t'` 0 0 a ~ y~ 1~ G •~RCHABO. City .~ Council RepoYt Item: 5 Category: Public Hearing Date: November 21, 2006 TITLE Public Hearing to consider the application of Mr. Kenneth Rodrigues, for a Planned Development Perrtiit (PLN2v06 ai) to aiiow the construction of a new, 5,488 square foot, one-story commercial building on property owned by Lexor Builders located at 2135 & 2145 Winchester Boulevard in the P-D (Planned Development) Zoning District; a Tree Removal Permit (PLN2006-82) for the removal of six protected trees; and, an Underground Utility Waiver (PLN2006-146). RECOMMENDATION The Planning Commission recommends that the City Council take the following actions: 1. Adopt a Resolution, incorporating the attached findings, approving a Planned Development Permit to allow the construction of a new, 5,488 square foot, one-story commercial building, subject to the attached conditions of approval. 2. Adopt a Resolution, incorporating the attached findings, recommending that the City Council approve a Tree Removal Permit to allow for the removal of six protected trees, subject to the attached conditions of approval. 3. Adopt a Resolution, incorporating the attached findings, recommending that that City Council approve an Underground Utility Waiver, subject to the attached conditions of approva{. ENVIRONMENTAL DETERMINATION The Planning Commission recommends that the City Council find that this project Categorically Exempt under Section 15303, Class 3 (New Construction or Conversion of Small Structures) of the California Environmental Quality Act (CEQA). BACKGROUND The Planning Commission, at its meeting of October 10, 2006, voted 7-0 to recommend that the City Council approve the proposed project, with added conditions of approval (reference attachment 2, Planning Commission Minutes). The Planning Commission did not consider the request for an Underground Utility Waiver at this meeting. City Council Report PLN2005-147, PLN2006-81/82/146 - 304, 308 and 310 Redding Road November 21, 2006 Page 2 of 5 The Planning Commission was given an update on the Request for a Utility Waiver by the City Attorney at its meeting of October 24, 2006 (reference attachment 3, Planning Commission Minutes). At this meeting, the Commission discussed the opportunity to establish an Underground Utility District. UIjl.Ujj1OIV Applicant's Proposal: The applicant is seeking approval of a Planned Development Permit to construct a new, 5,488 square foot, one-story commercial building, a Underground Utility Waiver to postpone undergrounding of utilities, and a Tree Removal Permit to remove six protected trees. The application for an Underground Utility waiver was not considered by Planning Commission. Property Description: The subject property is an L-shaped parcel developed with a 1,260 square foot, one-story commercial building that was most well known as its past use as an A&W restaurant. The building is not on the City's Historic Resources inventory. The applicant has, however, submitted photo documentation of the building exterior for the museum's archives. This building is slated for demolition. General Plan Designation: The General Plan land use designation for the project site is Central Commercial. The current Project Plans reflect the architectural changes discussed with staff to provide a project which reflects the quality of new Downtown redevelopment. The building edges the street with parking located behind and is designed to create the appearance of multiple individual buildings. Additionally, the building will house pedestrian-oriented retail shops in accordance with the Central Commercia{ designation. Therefore, the proposed project is consistent with the General Plan. Zoning Designation: The current zoning designation for the project site is P-D (Planned Development). Under the PD zoning designation, any use or development that is determined to be consistent with the General Plan may be approved. Site Layout and Architecture: The massing of the building, both in height and wall elevation, is separated into distinct sections to create the appearance of individual buildings. The massing at the corner of Winchester and Rincon is the tallest feature of the building. The roof is flat. The building exterior is stucco, with quality trim and finish details. Exterior detailing includes: stucco cornices with various molding designs, one City Council Report PLN2005-147, PLN2006-81/82/146 - 304, 308 and 310 Redding Road November 21, 2006 Page 3 of 5 with brackets beneath; stone wainscot; stucco scores; quality light fixtures; canvas awnings of various shapes, colors (black and tan) and designs; and a wrought iron balcony (faux, second-story balcony). Store front windows vary in height and mullion design, but are all the same materials (clear, anodized aluminum frames with clear glazing). The building design also provides sufficient and well-placed areas for future exterior wall signs. A materials and color board has been submitted. Exterior paint colors include: black, taupes, cream and muted ocres. The stone wainscot is mottled grays, taupes and ocre. The quality of the details and finishes helps to create a successful "village cluster", without appearing contrived. The proposed pedestrian walkway at the rear of the building is salt-finished, colored concrete with a diagonal scoring pattern. The plan does not currently call for any outdoor uses (e.g. outdoor dining). Landscapinp/Trees: The applicant has submitted a Preliminary Landscape Plan. Landscaping is proposed along the South Winchester Boulevard building frontage (shrubs and groundcover) in two to four foot wide planting areas. Condition No. 25 (PLN2006-81) requires that the Landscape Plan be revised to illustrate compliance with the Streetscape Standards for Winchester Boulevard. More extensive and varied landscaping is proposed in the rear parking area (trees, shrubs, vines and groundcover). Most notably, this Plan includes a significant number of screening trees as well as a six foot high masonry wall along the west property line which abuts residential. The Landscape Plans notes two, existing redwood trees at the rear of the site to remain. Project Circulation: Vehicular site ingress is from Rincon Avenue to the north, and site egress is from Mission Way to the south. Pedestrian access will most likely be from both the west side of the building (from the rear parking area) and east side (from the sidewalk). As shown on the Site Plan, the existing curb cut on S. Winchester Blvd. would be removed. Parking: The Site Plan provides 24 uni-stall (8-'/2' x 18') and 2 accessible parking spaces, for a total of 26 parking spaces, which is one space less than the required number of parking spaces (based on 1 space/ 200 sf of retail). CMC Section 21.28.050 allows for consideration of an Adjustment to Parking Requirements. An additional consideration will be the possible future desire to have a restaurant tenant. The parking requirement for a restaurant is 1 space/ 3 seats. City Council Report PLN2005-147, PLN2006-81/82/146 - 304, 308 and 310 Redding Road November 21, 2006 Page 4 of 5 With respect to parking layout, the majority of the parking spaces are located away from the western property line which abuts residential. This is beneficial in that it reduces the noise impacts on the adjacent residents. The new drive and parking areas are specified as asphalt. Li htin Lighting in the parking lot is shown on the Site Plan and is specified as pole mounted luminaries. The final specification of these fixtures shall be reviewed by the Community Development Director prior to issuance of a building permit to ensure that that this commercial lighting is directed onto the subject property, thus minimizing potential impacts on the adjacent residential properties. Trash Enclosure: The proposal includes a masonry trash enclosure with a stucco finish (to match the main building) and a metal gable roof located at the rear of the property. Equipment Screening: The proposed HVAC unit will be located on the roof and will be completely screened by the roof parapet. Additionally, the proposed Electrical and Fire Riser Room is located at the rear of the building. Signs: The Building Elevations indicate possible locations for exterior signs, and the Site Plan indicates the location of a future monument sign (at South Winchester Boulevard and Mission Way). CMC Section 21.30.030.G requires review and approval of a Planned Sign Program for commercial projects with four or more tenants. The applicant has submitted a Master Sign Program for the review and approval by the Planning Commission. Underground Utility Waiver: The applicant has applied for an Underground Utility Waiver as the cost of undergrounding utilities along the project frontages ($351,000.00) would be disproportional to the cost of the development, which could render the project economically infeasible (reference attachment 6, Underground Utility Waiver justification letter). As an alternative to undergrounding, the applicant shall be required, as a condition of approval, to pay an in-lieu fee ($110,500.00). Also, because future utility undergrounding would create the need to reconstruct the sidewalk along the South Winchester Boulevard frontage, the applicant shall also enter into a Deferred Street Improvement Agreement for the South Winchester Boulevard frontage improvements. The applicant shall still be required, however, to construct the required frontage City Council Report PLN2005-147, PLN2006-81/82/146 - 304, 308 and 310 Redding Road November 21, 2006 Page 5 of 5 improvements along Rincon Avenue, the ADA ramp at the intersection of South Winchester Boulevard and Rincon Avenue, and the sidewalk repair at the existing driveway cut to be eliminated on South Winchester Boulevard. FISCAL IMPACTS In addition to entitlement and building permit fees, the developer shall pay an Underground Utility In-lieu fee of $110,500 (170 LF of utility undergrounding along the South Winchester Boulevard frontage at $650.00/LF). ALTERNATIVES 1. Approve the proposed project subject to additional andlor modified conditions of approval. 2. Deny the proposed project. 3. Continue for further review. Prepared by: Daniel Vanwie, Planning Intern Reviewed by: ~+' vv ie C. ung Lin en' tanner Approved by: S ron Fierro, Co unity Development Director r l Approved by: aniel Rich, City Manager Attachments: 1. City Council Resolutions 2. Planning Commission Meeting Minutes (10/10) 3. Planning Commission Meeting Minutes (10/24) 4. Planning Commission Resolutions 5. Planning Commission Staff Report 6. Underground Utility Waiver justification letter 7. Project Plans