CC Resolution 11426RESOLUTION NO. 1i4z6
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL APPROVING A PLANNED DEVELOPMENT
PERMIT (PLN2011-318) TO ALLOW THE CONSTRUCTION OF A
NEW 5,393 SQUARE FOOT ONE-STORY COMMERCIAL
BUILDING ON PROPERTY LOCATED AT 2135 S. WINCHESTER
BOULEVARD. APPLICATION OF MR. KENNETH RODRIGUES.
FILE NO: PLN2011-318
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 City Council finds as follows with regard to File No. PLN2011-318:
Environmental Finding
1. The project qualifies as a Categorically Exempt project per 15303 (c) of the California
Environmental Quality Act (CEQA) pertaining to the construction of new commercial
buildings not exceeding 10,000 square feet in urbanized areas.
Evidentiary Findings
2. The project site is located on the southwest corner of Winchester Boulevard and
Rincon Avenue and is approximately 17,194 square feet in size.
3. The project site is zoned P-D (Planned Development) on the City of Campbell Zoning
Map.
4. The project site is designated Central Commercial on the City of Campbell General
Plan Land Use Map.
5. The project site is located within the Winchester Boulevard Master Plan.
6. The project site is bordered by residential uses to the south and west, and
commercial uses to the north and east.
7. The proposal will require the City Council to modify the parking standards from 27 on-
site stalls to 26 stalls.
8. The proposal will require the City Council to reduce the required five foot front and
exterior side yard setback to three feet in order to allow architectural elements to
encroach in the required setbacks.
9. The proposal will require the removal of four trees.
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10. The proposed project will be compatible with the underlying Central Commercial
General Plan land use designation and the Winchester Boulevard Master Plan, as
conditioned.
11. 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.
12. There is a reasonable relationship and a rough proportionality between the
Conditions of Approval and the impacts of the project.
13. There is a reasonable relationship between the use of the fees imposed upon the
project and the type of development project.
14. The Planning Commission's recommended Conditions of Approval are attached.
Based upon the foregoing findings of fact and pursuant to Campbell Municipal Code Sec.
21.12.030(H6), the City Council further finds and concludes that:
15. The proposed development or uses clearly would result in a more desirable
environment and use of land than would be possible under any other zoning district
classification;
16. The proposed development would be compatible with the general plan and will aid in
the harmonious development of the immediate area;
17. The proposed development will not result in allowing more residential units that would
be allowed by other residential zoning districts which are consistent with the general
plan designation of the property; and
18. The proposed development would not be detrimental to the health, safety or welfare
of the neighborhood or of the city as a whole.
THEREFORE, BE IT RESOLVED that the City Council approves a Planned Development
Permit (PLN2011-318) to allow the construction of a new 5,393 square foot one-story
commercial building on property located at 2135 S. Winchester Boulevard.
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.
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PLN2011-318 - 2135 S. Winchester Boulevard -Planned Development Permit
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COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
1. Approved Project: Approval is granted for a Planned Development Permit to allow the
construction of a new 5,393 square foot one-story commercial building (PLN2011-
318) on property located at 2135 Winchester Boulevard. The project shall
substantially conform to the revised project plans and color/materials board stamped
as received by the Planning Division on April 30, 2012 except as may be modified by
the conditions of approval herein.
2. Permit Expiration: The Planned Development Permit shall be valid for two years from
the date of final approval. The City Council will be the final approving authority who
will hear the item on June 19, 2012 with second reading on July 3, 2012. Therefore,
the two year period will end on July 3, 2014. Within this two-year period an
application for a building permit must be submitted and actively pursued. Failure to
meet this deadline will result in the Planned Development Permit being rendered void.
3. Plannino 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. Final Landscaping Plan: The applicant shall submit a final landscape and irrigation
plan with the building permit construction plans in compliance with the City's Water
Efficient Landscape Guidelines. Both the site plan and landscape plan shall be made
consistent with the landscape plan illustrated within the proposed plan set dated April
30, 2012.
5. Grading Plan: The building permit construction plans shall include a grading and
drainage plan prepared by a qualified engineer indicating actual (not assumed)
existing and proposed grades relative to existing grade and showing management of
on-site drainage, for review and approval by the Community Development Director.
The existing grade shall be modified by the minimum necessary to ensure proper
drainage as determined by the Community Development Director.
6. Heioht Measurements: The height measurements on the elevation sheets shall be
revised on the building permit construction plans to be consistent with the grading
and drainage plan. Height measurements should occur at three elevations; existing
grade, finished floor, and top of structure.
7. Detail Drawings: The building permit construction plans shall include detail drawings
("cut-sheets") of the architectural elements, as required by the Planning Division.
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8. Parking: All parking and driveway areas shall be maintained in compliance with the
standards in Chapter 21.28 (Parking & Loading) of the Campbell Municipal Code and
the Winchester Boulevard Master Plan.
9. Compliance with Other Regulations: The applicant shall comply with all state, county,
and city regulations and laws that pertain to the proposed project.
10. 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 building lighting shall be reviewed by the Community Development
Director prior to installation of the lighting for compliance with all applicable
Conditions of Approval, ordinances, laws and regulations. The Director will have the
authority to reject, approve or request modifications to the lighting design to achieve
these goals. Parking lot lighting shall be the four light standards as illustrated on the
project plans dated April 30, 2012.
11. Signa e: No building signs have been considered as part of this Planned
Development Permit. Future signage shall be considered pursuant to applicable City
development standards and processes. In this case, a Master Sign Plan shall be
submitted prior to building permit issuance and shall receive a decision prior to final
inspection of the building in an effort to ensure that proper sign guidance is provided
for future tenants.
12. 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 during all periods of
construction.
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. Use standard dust and erosion control measures that comply with the adopted
Best Management Practices for the City of Campbell.
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Building Division
13. Permits Required: A building permit application shall be required for the proposed
new commercial structure. The building permit shall include
Electrical/Plumbing/Mechanical fees when such work is part of the permit.
14. Construction Plans: The Conditions of Approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
15. 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 and an
electronic version copied to CD.
16. 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.
17. 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.
18. 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.
19. 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
20. 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.
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21. 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.
22. 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.
23. 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.
24. 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.
25. AAprovals 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. School District:
i) Campbell Union School District (378-3405)
ii) Campbell Union High School District (371-0960)
iii) Moreland School District (379-1370)
iv) Cambrian School District (377-2103)
Note: To determine your school district, contact the offices identified above or
visit: http://www.sccoe.k12.ca.us/resourcesfamilies/districtlocator. Obtain the
School District payment form from the City Building Division, after the Division
has approved the building permit application.
d. Bay Area Air Quality Management District (Demolitions Only)
26. 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.
27. Construction Fencina: This project shall be properly enclosed with construction
fencing to prevent unauthorized access to the site during construction and disruption
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to the pedestrian sidewalks. The construction site shall be secured to prevent
vandalism and/or theft during hours when no work is being done.
28. LEED for New Construction: Applicant shall complete and return LEED® Project
Checklist prior to issuance of permit.
29. CAL Green for Commercial Buildings: This project is subject to the mandatory requirements
for non-residential projects, California Green Building Code 2010 edition.
http://www documents.das.ca.gov/bsc/CALGreen/2010 CA Green Bldg.odf
Public Works Department
30. Proof of Ownership: 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 Service Easement: Prior to issuance of any grading or building permits for the
site, the applicant shall grant a 5 foot public service on private property contiguous
with the public right-of-way along the Winchester Boulevard frontage, unless
otherwise approved by the City Engineer. Additionally, the applicant shall grant a 5
foot public service easement on private property along the W. Rincon Avenue
frontage to accommodate the relocated traffic controller and service pedestal with
adequate clearance, unless otherwise approved by the City Engineer. 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. 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.
33. 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.
34. 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.
35. 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.
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36. 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.
37. 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. E. Campbell Avenue nor S. First Street have 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.
38. 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:
Winchester Blvd.: Street improvements shall be installed consistent with the
Winchester Boulevard Master Plan:
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, traffic controller, service
pedestal, poles, etc. outside of sidewalk area. No utility boxes, covers, etc. will
be allowed in the sidewalk area.
c. Removal of existing traffic controller and service pedestal and related utility
boxes.
d. Removal of existing driveway approaches, sidewalk, curb and gutter.
e. Removal of existing curb ramp at southwest corner of Winchester Blvd. and W.
Rincon Avenue.
f. Installation of a bulb out feature (widened sidewalk along Winchester Blvd.) at
the southwest corner of Winchester Blvd. and W. Rincon Avenue, as required by
City Engineer.
g. Installation of decorative treatment to concrete at bulb out feature.
h. Installation of City specified street trees, tree grates and irrigation as required by
the City Engineer.
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i. Installation of City standard curb, gutter and ADA compliant driveway approach.
Installation of 10 foot commercial sidewalk with structural soil component as
required by the City Engineer.
j. Installation of two (2) ADA compliant curb ramps at the southwest corner of
Winchester Blvd. and W. Rincon Avenue.
k. Relocation/reconfiguration of existing traffic signal facilities to accommodate the
bulb out feature (widened sidewalk along Winchester Blvd.).
I. Installation of traffic signal facilities in relation to the relocated/reconfiguration of
traffic signal facilities and curb ramps.
m. Pavement grinding and installation of asphalt concrete overlay, or engineered
structural pavement section, to street centerline, as required by the City
Engineer, and related grading revisions needed to accommodate the bulb out
feature (widened sidewalk along Winchester Blvd.). Additional paving beyond
bulb outs may also be required for acceptable conforms.
n. Installation of asphalt concrete overlay per street pavement restoration plan for
utility installation and/or abandonment, as required by the City Engineer.
o. Installation of storm drain facilities to accommodate bulb out feature, as required
by City Engineer.
p. Installation of traffic control, stripes and signs.
q. Construction of conforms to existing public and private improvements, as
necessary.
r. Submit final plans in a digital format acceptable to the City.
W. 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, facilities,
etc. outside of sidewalk area. No utility boxes, covers, facilities, etc. will be
allowed in the sidewalk area.
c. Removal of existing driveway approach, sidewalk, curb and gutter.
d. Installation of new traffic controller, service pedestal and related facilities.
e. Installation of City specified street trees, tree grates and irrigation as required by
the City Engineer.
f. Installation of City standard curb, gutter and ADA compliant driveway approach.
Installation of 10 foot commercial sidewalk with structural soil component as
required by the City Engineer.
g. Pavement grinding and installation of asphalt concrete overlay, or engineered
structural pavement section, to street centerline, as required by the City
Engineer, and related grading revisions needed to accommodate the bulb out
feature (widened sidewalk along Winchester Blvd.). Additional paving beyond
bulb outs may also be required for acceptable conforms.
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.
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j. Installation of traffic control, stripes and signs.
k. Construction of conforms to existing public and private improvements, as
necessary.
I. Submit final plans in a digital format acceptable to the City.
39. Maintenance of Landscaaing: 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.
40. 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.
41. 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 developmenUprojecUpermit, at the
discretion of the City Engineer, to restore pavement or other public improvements to
the satisfaction of the City.
42. 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.
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.
43. Occuoancv and Building Permit Final: Prior to allowing occupancy and/or final
building permit signoff 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.
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Santa Clara County Fire Department
44. Comment #1: Review of this development proposal is limited to acceptability of site
access and water supply as they pertain to fire department operations, and shall not
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 Department all applicable construction
permits.
45. Comment #2: Fire sprinklers required. Approved automatic sprinkler systems in
new and existing buildings and structures shall be provided in the locations described
in this Section or in Sections 903.2.1 through 903.2.18 whichever is the more
restrictive. For the purposes of this section, firewalls used to separate building areas
shall be constructed in accordance with the California Building Code and shall be
without openings or penetrations. An automatic sprinkler system shall be provided
throughout all new buildings and structures. Exception: Group A, B, E, F, I, L, M, S
and U occupancy buildings and structures that do not exceed 1,000 square feet of
building area. A State of California licensed (C-16) Fire Protection Contractor shall
submit plans, calculations, a completed permit application and appropriate fees to this
department for review and approval prior to beginning their work. CFC Sec. 903.2.1
through 903.2.18 as adopted and amended by CBLMC.
46. Comment #3: 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). 2007 CFC Sec. 903.3.5 and Health
and Safety Code 13114.7.
47. Comment #4: Construction Site Fire Safety: All construction sites must comply with
applicable provisions of the CFC Chapter 14 and our Standard Detail and
Specifications SI-7.
48. Comment #5: Premise 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. CFC Sec. 505
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PLN2011-318 - 2135 S. Winchester Boulevard -Planned Development Permit
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49. To prevent plan review and inspection delays, the above noted Development Review
Conditions shall be restated as "notes" on all pending and future plan submittals and
any referenced diagrams to be reproduced onto the future plan submittal.
PASSED AND ADOPTED this 19th day of _
call vote:
AYES: COUNCILMEMBERS: cristina,
NOES: COUNCILMEMBERS: Waterman ,
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
ATTEST:
June , 2012, by the following roll
Baker, Kotowski
Low
~.~~~
APPROVER: y ""'~ j~.~~L l
Michael F. Kotowski, Mayor
i
Anne Bybee, City Clerk