PC Res 4066RESOLUTION NO. 4066
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE
PERMIT WITH SITE AND ARCHITECTURAL REVIEW (PLN2010-
05); TREE REMOVAL PERMIT (PLN2012-64) AND PARKING
MODFICIATION PERMIT (PLN2012-65) TO ALLOW FOR THE
CONSTRUCTION OF A NEW SANCTUARY ON PROPERTY
LOCATED AT 230 VIRGINIA AVENUE IN A P-F (PUBLIC
FACILITIES) ZONING DISTRICT.
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the Planning Commission did find as
follows with respect to application PLN2010-05/PLN2012-64/65:
1. The project site consists of a 30,116 square-foot parcel.
2. The project site is located along Virginia Avenue, one block south of Campbell
Avenue.
3. The project site is zoned P-F (Public Facilities) as shown on the Campbell Zoning
Map.
4. The project site is designated Institutional as shown on the Campbell General Plan
Map.
5. The P-F (Public Facilities) Zoning District allows establishment of a `Public
assembly use' with approval of a Conditional Use Permit.
6. The project site is bordered by single family residences to north, a channelized
creek the east, and an assisted living facility to the south.
7. The project site is currently developed with a single 4,135 square-foot public
assembly building, built in approximately 1964.
8. new 5,078 square foot assembly building to replace the existing building.
9. The proposed project would satisfy applicable developments of the most restrictive
abutting zoning district.
10. The proposed public assembly building would include 176 fixed seats and 59
auxiliary seats that would accommodate special events, such as weddings and
memorials.
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11. The proposed project would include 45 parking spaces, which sufficiently
accommodates the proposed number of fixed seats. However, with the auxiliary
seating, the parking requirement increases to 59 spaces, resulting in a parking
deficiency of 14 spaces.
12. Special events, with use of auxiliary seating, would be held no more than twelve
times a year, subject to a Parking Management Plan.
13. The Planning Commission may allow a reduction in the required parking through
approval of a Parking Modification Permit if it finds that the anticipated number of
parking spaces necessary to serve the use or structure is less than that required by
the applicable off-street parking standard, and would be satisfied by the existing or
proposed number of parking spaces.
14. Operational hours will be limited to 7 AM to 10 PM, daily.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The project will aid in the harmonious development of the immediate area.
2. The project is consistent with applicable adopted design guidelines.
3. The proposed use is allowed within the applicable zoning district with Conditional
Use Permit approval, and complies with all other applicable provisions of this
Zoning Code and the Campbell Municipal Code.
4. The proposed use is consistent with the General Plan.
5. 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.
6. 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.
7. 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.
8. 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
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use, or be detrimental or injurious to property and improvements in the
neighborhood or to the general welfare of the city.
9. Due to the unique nature and circumstances of the project, or special development
features, the anticipated number of parking spaces necessary to serve the use or
structure is less than that required by the applicable off-street parking standard, and
would be satisfied by the existing or proposed number of parking spaces, as
supported by review of the applicant's documentation and/or a parking demand
study prepared by a qualified transportation engineer accepted by the decision-
making body.
10. Conditions of approval have been incorporated into the project to ensure the long-
term adequacy of the provided off-street parking.
11. Approval of the parking modification permit will further the purpose of this chapter.
12. The retention of trees proposed to be removed restricts the economic enjoyment of
the property or creates an unusual hardship for the property owner by severely
limiting the use of the property in a manner not typically experienced by owners of
similarly zoned and situated properties, and the applicant has demonstrated to the
satisfaction of the approval authority that there are no reasonable alternatives to
preserve the tree(s).
13. The proposed project is exempt from environmental under the California
Environmental Quality Act (CEQA) pursuant to Section 15302 of the California
Environmental Quality Act (CEQA) which exempts from environmental review
replacement of an existing structure where the new structure will be located on the
same site as the structure replaced and will have substantially the same purpose
and capacity as the structure replaced.
THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional
Use Permit with Site and Architectural Review (PLN2010-05), Tree Removal Permit
(PLN2012-64) and Parking Modification Permit (PLN2012-65) to allow for the
construction of a new sanctuary on property located at 230 Virginia Avenue.
The applicant is hereby notified, as part of this application, that he/she is required to
meet the following conditions in accordance with the ordinances of the City of Campbell
and the State of California. Where approval by the Community Development Director,
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:
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COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division:
1. Approved Project: Approval is granted for a Conditional Use Permit with Site and
Architectural Review (PLN2010-05), a Tree Removal Permit (PLN2012-64), and a
Parking Modification Permit (PLN2012-64) to construct a 5,078 square-foot public
assembly building. The project shall substantially conform to the revised Project
Plans, revised Color/Material Board, revised Project Description, and Parking
Justification Letter, dated as received by the Planning Division on March 22, 2012,
April 9, 2012, May 23, 2011, and April 25, 2012, respectively, except as may be
modified by the conditions of approval herein.
2. Permit Expiration: The Conditional Use Permit with Site and Architectural Review
(PLN2010-05), Tree Removal Permit (PLN2012-64), and Parking Modification Permit
(PLN2012-65) approval shall be valid for one (1) year from the date of final approval
(expiring on May 18, 2013). Within this one-year period a building permit must be
obtained. Failure to meet this deadline will result in the approval being rendered void.
3. Planning Final Required: Planning Division clearance is required prior to Building
Permit final. Construction not in substantial compliance with the approved project
plans shall not be approved without prior authorization of the necessary approving
body.
4. Revision to Plans: The building permit submittal construction plans shall incorporate
the following revisions:
a. The conditions of approval shall be printed within the construction plans.
b. The project data table shall be revised to modify the FAR to reflect the enclosed
building square-footage only. Currently the FAR reflects the building coverage,
which includes the covered entries that are not included in the FAR calculation.
c. The site plan shall be revised to show the relocation of the bicycle building to
behind the building.
d. All affected sheets shall be revised to incorporate a 25ft width driveway
approach as required by the Public Works Department.
e. The landscaping plan shall be revised to:
^ To provide a more durable planting in the parking overhang areas.
• Incorporate portions of turf (fescue groundcover) in the front landscaping
area.
• Be "wet-stamped" by a licensed landscape architect and include irrigation
details and associated calculations in compliance with Chapter 2.7,
Division 2, of Title 23 of the California Code of Regulations -Water
Efficient Landscape Requirements.
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5. Parking Management Plan: The applicant shall prepare a parking management plan,
to the satisfaction of the Community Development Director, to manage parking during
"special events" (as defined and permitted herein), that shall include requirements for
(1) verbal and written encouragement for carpooling, (2) written instructions to park
vehicles only along the east (non-residential) side Virginia Avenue, and (3) provision
for a parking monitor(s) during arrival and departure times.
6. Operational Standards: The operation of the public assembly building shall be subject
to the following operational standards. Non-compliance with these standards, or any
other conditions of approval specified herein or any standards, codes, or ordinances
of the City of Campbell or State of California shall be grounds for consideration of
revocation of the Conditional Use Permit by the Planning Commission.
a. Seating Capacity: The maximum number of fixed seats shall be limited to 176.
Up to 59 additional non-fixed seats may be utilized during special events as
permitted herein.
b. Special Events: Special events, including but not limited to, wedding services,
memorials/funerals, and oral discourses, are limited to twelve (12) times per
calendar year. Such events shall occur during the approved operational hours and
for a period not to exceed three (3) hours. Management of parking during special
events shall be in accordance with the approved Parking Management Plan.
c. Operational Hours: Assemblages shall be limited to the hours of 7 AM to 10 PM,
daily
d. Noise: Unreasonable levels of noises, sounds and/or voices, including but not
limited to amplified sounds, loud speakers, sounds from microphones, audio
sound systems, music and/or public address system, shall not be audible to a
person of normal hearing acuity from any residential property.
In the event the city receives verifiable and repeated number of complaints
pertaining to noise, the Planning Commission may review the Use Permit. Upon
review, if the Planning Commission finds that there is substantial evidence that
the use is creating unreasonable disturbance to the adjacent residents, the
Planning Commission may take reasonable measures to mitigate such noise.
e. Property Maintenance: The property owner shall maintain all exterior areas of
the business free from graffiti, trash, rubbish, posters and stickers placed on the
property.
f. Outdoor Storage: No equipment, materials or business vehicles shall be parked
and/or stored outside or within the parking lot.
g. 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 and trash collection
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shall be done between 7:00 AM and 7:00 PM daily. Refuse and recycling
containers shall be kept in the enclosure at all times except when being emptied
by collection personnel.
h. Operation of Mechanical Equipment: In compliance with the Campbell
Municipal Code, operation of power equipment (i.e. "power-washer"), shall be
limited to the hours of 8:00 AM and 7:00 PM Monday through Friday, and
between the hours of 9:00 AM and 6:00 PM Saturday, Sunday and nationally
recognized holidays.
Landscape Maintenance: The owner/operator of the property shall provide on-
going maintenance of the existing and proposed on-site landscaping. In
accordance with the Tree Protection Ordinance (Chapter 21.32), all trees planted
pursuant to this approval shall be considered "protected" and subject to the
established removal requirements and restrictions.
7. Signs: No signage is permitted as part of the development application approved
herein. New signage shall not be installed prior to approval of a sign permit as
required by Chapter 21.30 of the Campbell Municipal Code.
8. Construction Activities: The applicant shall abide by the following requirements
during construction:
a. The project site shall be posted with the name and contact number of the lead
contractor in a location visible from the public street prior to the issuance of
building permits.
b. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00
p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take
place on Sundays or holidays unless an exception is granted by the Building
Official.
c. All construction equipment with internal combustion engines used on the project
site shall be properly muffled and maintained in good working condition.
d. Unnecessary idling of internal combustion engines shall be strictly prohibited.
e. All stationary noise-generating construction equipment, such as air compressors
and portable power generators, shall be located as far as possible from noise-
sensitive receptors such as existing residences and businesses.
f. Construction equipment, vehicles, and workers associated with the development
of the project shall not be permitted to park on any residential streets.
g. Use dust-proof chutes for loading construction debris onto trucks.
h. Water or cover stockpiles of debris, soil, and other materials that can be blown by
the wind.
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i. Cover all trucks hauling soil, sand, and other loose materials or require all trucks
to maintain at least two feet of freeboard.
j. Sweep daily (with water sweepers) all paved access roads, parking areas, and
staging areas at the construction site.
k. Sweep streets daily (with water sweepers) if visible soil material is carried onto
adjacent public streets, as directed by the City Engineer.
I. Enclose, cover, water twice daily or, or apply (non-toxic) soil stabilizers to
exposed stockpiles (dirt, sand, etc.).
9. Location of Mechanical Equipment: All roof-mounted mechanical equipment (i.e. air
conditioning units, ventilation ducts or vents), shall fully screened.
10. Utility Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to
installation of any PG&E transformers and San Jose Water Company back-flow
preventers, if required, indicating the location of the facilities and screening (if the
facilities are above ground) for review and approval by the Community Development
Director.
Building Division:
11. Permits Required: A building permit application shall be required for the proposed
new assembly structure. The building permit shall include
Electrical/Plumbing/Mechanical fees when such work is part of the permit.
12. Construction Plans: The Conditions of Approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
13. Size of Plans: The minimum size of construction plans submitted for building permits
shall be 24 in. X 36 in. Applicant shall also submit (1) reduced size 11"x 17"
copy of plans and submit any necessary revision sheets for this copy as
required.
14. 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.
15. 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. Site address and
parcel numbers shall also be clearly called out. Site parking and path of travel to
public sidewalks shall be detailed.
16. Soils Report: Two copies of a current soils report, prepared to the satisfaction of the
Building Official, containing foundation and retaining wall design recommendations
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shall be submitted with the building permit application. This report shall be prepared
by a licensed engineer specializing in soils mechanics.
17. 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
18. Title 24 Energy Compliance: California Title 24 Energy Compliance forms shall be
blue-lined on the construction plans. 8'/z X 11 calculations shall be submitted as well.
Compliance with the Standards shall be demonstrated for conditioning of the building
envelope and lighting of the building.
19. Special Inspections: When a special inspection is required by C.B.C. Chapter 17, 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 C.B.C Appendix Chapter 1, Section 106. Please obtain City of
Campbell, Special Inspection forms from the Building Inspection Division Counter.
20. Non-point 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.
21. 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.
22.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.
23. Approvals Required: The project requires the following agency approval prior to
issuance of the building permit:
a. West Valley Sanitation District (378-2407)
b. Santa Clara County Fire Department (378-4010)
c. San Jose Water Company (279-7900)
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d. Santa Clara Valley Water District (979-9781)
e. 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)
f. Bay Area Air Quality Management District (Demolitions Only)
24. 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.
25. LEED for New Construction: Applicant shall complete and return Leed Project
Checklist prior to issuance of permit.
26. CAL Green for Commercial Buildings: This project is subject to the mandatory
requirements for new commercial buildings under the City of Campbell Municipal
Code and the California Green Building Code, 2010 edition.
PUBLIC WORKS DEPARTMENT
27. Proof of Ownership: Prior to issuance of a 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.
28. Soils Report: Prior to issuance of any grading or building permits for the site,
applicant shall provide a soils report prepared by a registered geotechnical or civil
engineer.
29. Grading and Drainage Plan: Prior to issuance of any grading or building permits for
the site, the applicant shall conduct hydrology studies based on a ten-year storm
frequency, prepare an engineered grading and drainage plan, and pay fees required
to obtain necessary grading permits. Prior to occupancy, the design engineer shall
provide written certification that the development has been built per the engineered
grading and drainage plans.
30. 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.
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31. 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.
32. 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.
33. 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. Virginia Avenue has not been reconstructed or overlaid in the last 5
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.
34. 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, unless otherwise
approved by the City Engineer:
a. Show location of all existing utilities within the new and existing public right of
way.
b. Relocation of all existing utilities including utility boxes, covers, poles, etc. outside
of sidewalk area. No utility boxes, covers, etc. will be allowed in the sidewalk
area.
c. Removal of existing driveway approaches, sidewalk, curb and gutter and install
sidewalk, curb and gutter.
d. Removal of existing hardscape and landscaping in the park strip.
e. Removal of existing street light.
f. Install sod in the park strip
g. Installation of City approved street trees as required.
h. Installation of City standard curb, gutter, sidewalk and ADA compliant two way
driveway approach. Two way driveway approach shall have a minimum 25ft
width.
i. Installation of streetlights, conduits, conductors and related facilities in
accordance with the City of Campbell's Street Lighting Policies.
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j. Installation of traffic control, stripes and signs.
k. Construction of conforms to existing public and private improvements, as
necessary.
Submit final plans in a digital format acceptable to the City.
35. Maintenance of Landscaping: Owner(s), current and future, are required to maintain
the landscaping and trees 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.
36. Utility Encroachment Permit: Separate permits for the installation of utilities to serve
the development will be required (including water, sewer, gas, electric, etc.).
Applicant shall apply for and pay all necessary fees for utility permits for sanitary
sewer, gas, water, electric and all other utility work.
37. Additional Street Improvements: Should it be discovered after the approval process
that new utility main lines, extra utility work or other work is required to service the
development, and should those facilities or other work affect any public
improvements, the City may add conditions to the development project/permit, at the
discretion of the City Engineer, to restore pavement or other public improvements to
the satisfaction of the City.
38. 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.
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 stormwater runoff to the bay.
Resources to achieve these objectives include Stormwater Best Management
Practices Handbook for New Development and Redevelopment ("CA BMP
Handbook") by the California Stormwater Quality Association (CASQA), 2003; Start
at the Source: A Design Guidance Manual for Stormwater Quality Protection ("Start
at the Source") by the Bay Area Stormwater Management Agencies Association
(BASMAA), 1999; and Using Site Design Techniques to Meet Development
Standards for Stormwater Quality: A Companion Document to Start at the Source
("Using Site Design Techniques") by BASMAA, 2003.
Upon submission of the preliminary site/grading plans, the applicant shall calculate
and submit to the City the amount of impervious surface created by the development
including the types of stormwater controls to be used. The applicant shall submit
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preliminary sizing and design showing stormwater controls meet the City's
requirements.
39.Occupancy and Building Permit Final: Prior to allowing occupancy and/or final
building permit signoff for any and/or all buildings, the applicant shalt have the
required street improvements installed and accepted by the City, and the design
engineer shall submit as-built drawings to the City.
COUNTY FIRE DEPARTMENT
40. Fire Sprinklers Required: An automatic sprinkler system shall be provided throughout
all new buildings and structures exceeding 3,600 square feet.
41. Potable Water Supplies: Potable water supplies shall be protected from
contamination caused by fire protection water supplies. It is the responsibility of the
applicant and any contractors and subcontractors to contact the water purveyor
supplying the site of such project, and to comply with the requirements of that
purveyor. Such requirements shall be incorporated into the design of any water-
based fire protection systems, and/or fire suppression water supply systems or
storage containers that may be physically connected in any manner to an appliance
capable of causing contamination of the potable water supply of the purveyor of
record. Final approval of the system(s) under consideration will not be granted by this
office until compliance with the requirements of the water purveyor of record are
documented by that purveyor as having been met by the applicant(s).
42. Private On-Site Fire Hydrant(s) Required: Provide one private on-site fire hydrant(s)
installed per NFPA Std. #24, at location(s) to be determined by the Fire Department.
Maximum hydrant spacing shall be 250 feet, with a minimum acceptable flow of
1,500 GPM at 20 psi residual pressure. Prior to design, the project civil engineer
shall meet with the fire department water supply officer to jointly spot the required fire
hydrant locations.
43. Fire Apparatus Driveway Required: Provide an access driveway with a paved all
weather surface, a minimum unobstructed width of 20 feet, vertical clearance of 13
feet, 6 inches, minimum circulation turning radius of 36 feet outside and 23 feet
inside, and a maximum slope of 15%.
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PASSED AND ADOPTED this
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
Stn day of May, 2012, by the following roll call vote:
Alster, Brennan, Gibbons, Resnikoff, Reynolds and
Roseberry
None
Ebner
None
APPROVED: °~
Theresa Alster, Chair
ATTEST: _~.
Kirk inric s, Secretary