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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. Planning Commission Resolution No. 4080 PLN2012-90 - 1370 Dell Avenue -Conditional Use Permit - SCC Library District Offices Page 2 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 Planning Commission Resolution No. 4080 PLN2012-90 - 1370 Dell Avenue -Conditional Use Permit - SCC Library District Offices Paae 3 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 Planning Commission Resolution No. 4080 PLN2012-90 - 1370 Dell Avenue -Conditional Use Permit - SCC Library District Offices Page 4 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. Planning Commission Resolution No. 4080 PLN2012-90 - 1370 Dell Avenue -Conditional Use Permit - SCC Library District Offices Page 5 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. Planning Commission Resolution No. 4080 PLN2012-90 - 1370 Dell Avenue -Conditional Use Permit - SCC Library District Offices Paae 6 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. Planning Commission Resolution No. 4080 PLN2012-90 - 1370 Dell Avenue -Conditional Use Permit - SCC Library District Offices Page 7 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 Planning Commission Resolution No. 4080 PLN2012-90 - 1370 Dell Avenue -Conditional Use Permit - SCC Library District Offices Paae 8 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. Planning Commission Resolution No. 4080 PLN2012-90 - 1370 Dell Avenue -Conditional Use Permit - SCC Library District Offices Page 9 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 Planning Commission Resolution No. 4080 PLN2012-90 - 1370 Dell Avenue -Conditional Use Permit - SCC Library District Offices Page 10 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