PC Res 4080RESOLUTION N0.4080
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE
PERMIT (PLN2012-90) TO ALLOW THE ESTABLISHMENT OF
THE ADMINISTRATIVE OFFICES OF THE SANTA CLARA
COUNTY LIBRARY DISTRICT (GOVERNMENT OFFICES AND
FACILITIES) WITHIN AN EXISTING INDUSTRIAL BUILDING ON
PROPERTY LOCATED AT 1370 DELL AVENUE.
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 PLN2012-90:
Environmental Finding
1. The project qualifies as a Categorically Exempt project under Section 15301 Class
1 of the California Environmental Quality Act (CEQA) pertaining to minor alterations
to an existing private structure, involving negligible or no expansion of use beyond
that existing at the time of the lead agency's determination.
Evidentiary Findings
1. The project site is located east side of Dell Avenue between Hacienda Avenue and
Vandell Way.
2. The project site is zoned C-M (Controlled Manufacturing) as shown on the
Campbell Zoning Map.
3. The project site is designated Research and Development as shown on the
Campbell General Plan Map.
4. The project site is bordered by industrial to the north, west, and south and the Los
Gatos Creek Park to the east.
5. The project site was originally developed as an industrial building circa 1975.
6. The project site is currently developed with one 29,454 square foot industrial
building.
7. The existing Floor Area Ratio (FAR) for the project site is .45 where the maximum
allowable is .45.
8. The project currently provides setbacks that exceed the minimum required by the
zoning district.
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9. The hours of operation shall be restricted to:
• Business Hours: 8:00 AM to 5:00 PM, Daily
• Operational Hours: 7:00 AM to 6:00 PM, Daily
10. Minor exterior modifications to the building are proposed.
11. The proposed project site provides 57 parking spaces, where a minimum of 100
parking spaces are required. In order to alleviate the parking deficiency and provide
a surplus, 50 parking spaces associated with 1344 Dell Avenue will be available for
the proposed use for the life of the use pursuant to the City of Campbell Parking
and Loading Ordinance.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The proposed project is consistent with the General Plan.
2. The proposed 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 Municipal Code.
3. The proposed use will not create a nuisance due to litter, noise, traffic, vandalism,
or other factors.
4. The proposed use will not significantly disturb the peace and enjoyment of the
nearby residential neighborhood.
5. The proposed use will not significantly increase the demand on City services.
6. The 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.
7. The site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic the use would be expected to generate.
8. A condition of approval has been incorporated into the project to ensure the long-
term adequacy of the provided off-street parking.
9. 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.
10. 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.
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.
THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional
Use Permit (PLN2012-90) to allow the establishment of the administrative offices of the
Santa Clara County Library District (Government offices and facilities) within an existing
industrial building on property located at 1370 Dell 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:
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
1. Approved Project: Approval is granted for a Conditional Use Permit (PLN2012-90)
to allow the establishment of a governmental office use with required parking on
adjacent parcels with the office use located at 1370 Dell Avenue and portions of the
required parking on 1344 Dell Avenue. The project shall substantially conform to
the project narrative and project plans received by the Planning Division on May 22,
20102 and August 3, 2012, respectively, except as may be modified by the
Conditions of Approval contained herein.
2. Permit Expiration: The Conditional Use Permit (PLN2012-90) approval shall be
valid for one (1) year from the date of final approval. Within this one-year period a
building permit must be obtained and the use established. 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
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plans shall not be approved without prior authorization of the necessary approving
body.
4. O erational Standards: The operation of the governmental office use shall be
subject o 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. Operational Hours: The hours of operation are limited to 7:00 AM to 6:00 PM
daily.
b. 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.
c. 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.
d. 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 shall be done between 7:00 AM and 6:00 PM daily. Refuse and
recycling containers shall be kept in the enclosure at all times except when
being emptied by collection personnel.
e. 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.
f. 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.
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5. Security Fencing: Upgrade the existing security fencing in its current location
adjacent to the front elevation in order to secure the site after normal business
operating hours.
6. Parking Management Plan: The applicant shall submit a parking management plan
to the satisfaction of the Community Development Director. This Parking
Management Plan shall ensure that the 107 parking spaces include assigned
parking for employees, designated visitor parking within the front parking area
between Dell Avenue and the main entrance, assigned parking for administrative
vehicles and any other requirements deemed necessary by the Director. .
7. Parking and Loading: The applicant shall record a covenant running with the lands
identified at 1344 and 1370 Dell Avenue guaranteeing that at least 50 parking
spaces located at 1344 Dell Avenue will be available for use at all times by 1370
Dell Avenue for the life of the approved use. The covenant shall be required prior
to the issuance of any building permit.
8. Vehicle Maintenance: On-site maintenance of any vehicles is prohibited.
9. Perimeter Fencing: The applicant shall either repair or demolish the existing
masonry wall located along the north east property line between the project site and
1344 Dell Avenue. The existing wall is in obvious disrepair and constitutes a
potential safety issue.
10. signage: No signage is approved as part of the development application approved
herein. All signage shall be installed and maintained consistent with the provision
of the Sign Ordinance, Chapter 21.30 of the Campbell Municipal Code.
11. Refuse and Recycling Enclosure: The applicant shall construct a refuse and
recycling enclosure of a sufficient size to serve the proposed use and consistent
with the approved project plans.
12. Location of Mechanical Equipment: No roof-mounted mechanical equipment (i.e. air
conditioning units, ventilation ducts or vents), shall be added to the existing building
without providing screening of the mechanical equipment from public view and
surrounding properties. The screening material and method shall be architecturally
compatible with the building and requires review and approval by the Community
Development Director and Building Division prior to installation of such screening.
13. Construction Activities: The applicant shall abide by the following requirements
during construction:
a. Construction activities shall be limited to weekdays between 8:00 a.m. and
5:00 p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction
shalt take place on Sundays or holidays unless an exception is granted by the
Building Official.
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b. Truck routes to and from the construction site should be established and
submitted to the City for review and approval prior to issuance of a building
permit. These truck routes shall avoid access to the project site via residential
streets where possible.
c. All construction equipment with internal combustion engines used on the
project site shall be properly muffled and maintained in good working
condition.
d. Unnecessary idling of internal combustion engines shall be strictly prohibited.
e. All stationary noise-generating construction equipment, such as air
compressors and portable power generators, shall be located as far as
possible from noise-sensitive receptors such as existing residences and
businesses.
f. Prior to the issuance of building permits, the project site shall be posted with
the name and contact number of the lead contractor in a location visible from
the public street so that the contractor can be made aware of noise
complaints.
g. Construction equipment, vehicles, and workers associated with the
development of the project shall not be permitted to park on any residential
streets.
Building Division:
14. Permits Required: A building permit application shall be required for the proposed
new tenant use of the existing industrial structure. The building permit shall include
Electrical/Plumbing/Mechanical fees when such work is part of the permit.
15. Construction Plans: The Conditions of Approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
16. Size of Plans: The minimum size of construction plans submitted for building
permits shall be 24 in. X 36 in.
17. 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.
18. 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.
19. Title 24 Energy Compliance: California Title 24 Energy Compliance forms shall be
blue-lined on the construction plans. Compliance with the Standards shall be
demonstrated for conditioning of the building envelope and lighting of the building.
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20. 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.
21. 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.
22. 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.
23. 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.
24. 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)
25. 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.
PUBLIC WORKS DEPARTMENT
26. 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.
27. Right-of-Way for Public Street Purposes: Prior to the 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 purposed along the Dell
Avenue frontage to accommodate a 10 foot sidewalk from existing face of curb,
unless otherwise approved by the City Engineer. 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
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shall cause all documents to be prepared by a registered civil engineer/land
surveyor, as necessary, for the City's review and recordation.
28. 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.
29. Utility Coordination Plan: Should new utilities be required to the site, 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 such 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.
30. 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. Dell 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.
31. 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 and necessary curb and gutter.
d. Removal of existing materials in public right of way to accommodate the
construction of a City standard 10 foot commercial sidewalk.
e. Installation of City approved street trees, tree wells, and irrigation.
f. Installation of a City standard 10 foot commercial sidewalk, ADA compliant
driveway approaches, and necessary curb and gutter.
g. Installation of asphalt concrete overlay per street pavement restoration plan for
utility installation and/or abandonment, as required by the City Engineer.
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h. Installation of traffic control, stripes and signs.
i. Construction of conforms to existing public and private improvements, as
necessary.
j. Submit final plans in a digital format acceptable to the City.
32. 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.
33. 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.
34. 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.
35. 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.
36. Occupancy 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.
COUNTY FIRE DEPARTMENT
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37. Development Review: 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.
38. Tenant Improvement: All construction conditions associated with the previously
submitted tenant improvement (Fire Review #12-0968) are hereby incorporated into
the conditions of approval herein, including modifications required to the existing
fire sprinkler system.
PASSED AND ADOPTED this
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
14t"day of August, 2012, by the following roll call vote:
Alster, Brennan, Ebner, Gibbons, Resnikoff and
Reynolds
None
Roseberry
None
APPROVED:
ATTEST:
Paul Kermoyan, Secretary
- au~
Theresa Alster, Chair