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PC Res 4084RESOLUTION N0.4084 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT WITH SITE AND ARCHITECTURAL REVIEW PERMIT (PLN2012-172) TO ALLOW AN ADDITION AND CONVERSION OF AN EXISTING VEHICLE SERVICE STATION INTO A 7- ELEVEN CONVENIENCE MARKET WITH LATE NIGHT ACTIVITY AND BEER AND WINE SALES ON PROPERTY LOCATED AT 337 E. HAMILTON 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 PLN2011-272: Environmental Finding 1. The project qualifies as a Categorically Exempt project under Section 15301 Class 1(e) of the California Environmental Quality Act (CEQA) pertaining to additions less than 10,000 square feet to an existing structure in an area where all public services and facilities are available. Evidentiary Findings 1. The project site is located on the northwest corner of E. Hamilton Avenue and N. Central Avenue. 2. The project site is zoned C-2 (General Commercial) as shown on the Campbell Zoning Map and designated General Commercial as shown on the Campbell General Plan Map. 3. The project site is bordered by commercial uses to the north, east and west and professional office use the south. 4. The project site was originally developed as a gasoline and service station circa 1967. 5. The proposed project includes a 1,326 square foot addition to an existing 1,635 square-foot service station and an interior remodel to convert existing service bays to a convenience market. 6. The existing Floor Area Ratio (FAR) for the project site is .16 where the maximum allowable is .40. 7. The hours of operation shall be restricted to: • Business and Operational Hours: 24 hours, daily • Alcohol Sales: 6:00 AM to 11:00 PM, Daily Planning Commission Resolution No. 4084 PLN2011-272 - 337 E. Hamilton Avenue Conditional Use Permit with Site and Architectural Review Permit Page 2 8. The proposed site plan depicts that approximately 15 percent of the site is landscaped where a minimum 10 percent is required. 9. The proposed project would include 12 parking spaces, where 12 parking spaces are required by the City's Parking and Loading Ordinance. 10. The requested Conditional Use Permit would allow beer and wine sales for off-site consumption and late-night operational hours in conjunction with a proposed convenience market. 11. Approval of a Conditional Use Permit incorporates applicable operational standards as found in the Campbell Municipal Code. 12. The Police Department has reviewed the application and is supportive of the project as conditioned. 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 proposed project is consistent with the General Plan. 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 Municipal Code. 4. The project is consistent with applicable adopted design guidelines. 5. The proposed use will not create a nuisance due to litter, noise, traffic, vandalism, or other factors. 6. 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. 7. 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. 8. 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. 9. 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 use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city. Planning Commission Resolution No. 4084 PLN2011-272 - 337 E. Hamilton Avenue Conditional Use Permit with Site and Architectural Review Permit Paae 3 10. The establishment will not result in an over-concentration of these uses in the surrounding area. 11. The establishment will not create a nuisance due to litter, noise, traffic, vandalism, or other factors. 12. The establishment will not significantly disturb the peace and enjoyment of the nearby residential neighborhood. 13. The proposed use will not significantly increase the demand on City services. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit with Site and Architectural Review Permit (PLN2011-272) to allow an addition and conversion of an existing vehicle service station into a 7-Eleven convenience market with late night activity and beer and wine sales on property located at 337 E. Hamilton 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: Approved Project: Approval is granted for a Conditional Use Permit with Site and Architectural Review (PLN2011-272) to allow a 1,326 square foot addition and conversion of a 1,635 square foot existing vehicle service station into a convenience market and existing gasoline pump island with late night activity and beer and wine sales. The project shall substantially conform to the revised Project Plans, Applicant Written Statement and Photometric Studies, dated as received by the Planning Division on October 1, 2012, July 27, 2012, and October 1, 2012, respectively, except as may be modified by the conditions of approval herein. a. Modification to Site Plan: The proposed turf block indicated on the site plan shall be changed to permeable decorative pavers. Planning Commission Resolution No. 4084 PLN2011-272 - 337 E. Hamilton Avenue Conditional Use Permit with Site and Architectural Review Permit Page 4 b. Security Fencing_ Applicant shall install adequate fencing to the rear of the building to prevent access. 2. One-Year Review of Use: After one year of operations, the Community Development Director shall conduct a review of the business activities to determine if the use has negatively impacted the surrounding area, with regards to noise, lighting, beer and wine sales and loitering. If said impact(s) is/are confirmed, this Conditional Use Permit approval shall be brought back to the Planning Commission for review and possible modification of the conditions of approval in order to mitigate the impact(s). 3. Permit Expiration: The Conditional Use Permit with Site and Architectural Review (PLN2010-272) approval shall be valid for one (1) year from the date of final approval (expiring on October 19, 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. 4. 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. 5. Retention of Existing Walls: This project is considered an addition and remodel. In order for the project to retain that status, existing exterior walls and roof structure indicated to remain on the final approved project plans must be retained. Any substantive change to the planned wall retention and roof structure, as determined by the Building Official, may result in a change in determination to "construction of a new commercial structure." In such case, project approval would be immediately suspended, all work would be required to stop, and the project would be required to be brought back in front of the Planning Commission to determine if changes in the location of building footprint may be more appropriate in order to achieve a more desirable site circulation, location of parking, and development pattern. 6. Sale of Alcohol: The sale of alcoholic products (beer and wine) shall be subject to the following restrictions: a. The applicant shall obtain a Type 20 (Off-Sale Beer & Wine) license from the State Department of Alcoholic Beverage Control prior to the sale of alcoholic beverages. b. The applicant shall, at all times, maintain in good standing the Type 20 License from the State Department of Alcoholic Beverage Control for the sale of beer and wine products. c. The sale of alcoholic products shall be limited to the hours of 6:00 AM to 11:00 PM exclusively. Planning Commission Resolution No. 4084 PLN2011-272 - 337 E. Hamilton Avenue Conditional Use Permit with Site and Architectural Review Permit Page 5 d. The applicant shall install automatically locking and time sensitive coolers, display cabinets to the satisfaction of the Community Development Director, Chief of Police and the California Alcohol Beverage Control that completely restricts access to alcoholic beverages between the hours of 11:00 PM and 6:00 AM. No business license shall be issued until such time as the automatic coolers have been inspected by the Planning Division and found in compliance with the locking and access requirements. e. The sale of alcoholic products shall be limited to 10% of the gross floor area of the proposed convenience market space. f. The sale of single serving alcohol containers shall be prohibited. Multi- packaged alcohol cannot be broken up, separated or sold separately from the original packaging. This shall include single bottles or cans of beer, regardless of volume, single serving containers of wine coolers or other similar alcohol products. This prohibition shall not include standard wine bottles with a volume equal or greater to 750 ml. 7. Operational Standards: The operation of the convenience market and gasoline station 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. Operational Hours: The approved convenience market and gasoline station may operate 24 hours a day, seven days a week. Alcohol sales shall be limited to 6:00 AM to 11:00 PM daily. b. Noise: Unreasonable levels of noises, sounds and/or voices, including but not limited to amplified sounds from radio and loud speakers, the use of tools outdoors, or any unavoidable noise unrelated to the business activities on site shall not be audible to a person of normal hearing acuity from any residential property. In the event verified complaints are received by the City regarding such noise, the Community Development Director may immediately modify the business hours/hours of operation, subject to the project being brought back to the Planning Commission for review. c. Parking: The applicant shall provide 12 parking spaces on site at all times. d. 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. Planning Commission Resolution No. 4084 PLN2011-272 - 337 E. Hamilton Avenue Conditional Use Permit with Site and Architectural Review Permit Page 6 e. Graffiti Removal: The applicant shall be responsible for the removal of any graffiti from walls, fences or structures on the project site within one week of notification by the Community Development Director or their designate. f. Outdoor Storage: No equipment, materials or business vehicles shall be parked and/or stored outside or within the parking lot. No outdoor merchandise displays or vending machines are allowed except for the potential for a propane swap storage cage that may be located at the northwest corner of the project site, to the rear of the trash enclosure to replace the propane storage tank. 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 shall be done between 6:00 AM and 10:00 PM daily. Refuse and recycling containers shall be kept in the enclosure at all times except when being emptied by collection personnel. h. Landscape Maintenance: The owner/operator of the property shall provide on- going maintenance of the existing and proposed on and off-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. i. Gasoline Delivery Hours: Deliveries shall be limited to 6:00 AM to 11:00 PM daily. j. Propane Service Hours: Due to noise concerns, hours for dispensing propane from the tank system at the rear of the site shall be limited to 8 a.m. through 10 p.m. daily. This restriction will be void if the applicant switches to a swap out propane canister system in place of a tank filling system. 8. Security Plan: Prior to the opening of the proposed convenience market use, the applicant shall meet with representative of the Campbell Police Department and prepare a security plan to the satisfaction of the Police Chief addressing any concerns regarding safety, visibility, location of security equipment, location of age restricted sale items in relation to exits, and location of cashiers in relation to exists. 9. Storefront Clearance: At no time shall an obscure wall or barrier be installed along, behind or attached to storefront windows or doorways that blocks visual access or blocks natural light. 10. Landscape Plan: The applicant shall submit four (4) full size and four (4) reduced sets of a final landscape and irrigation plans to the Planning Division, prior to the issuance of building permits, for review and approval by the Community Development Director. The landscape and irrigation plan shall substantially conform with the approved conceptual landscape plan and the City's Water Efficient Planning Commission Resolution No. 4084 PLN2011-272 - 337 E. Hamilton Avenue Conditional Use Permit with Site and Architectural Review Permit Paae 7 Landscaping Standards (WELS). Landscaping shall be designed to minimize irrigation and runoff, promote surface infiltration where appropriate, and minimize the use of fertilizers and pesticides that can contribute to stormwater pollution. Landscaping plans shall include the following: a. Details for pavers at driveways, including material, colors, and design. b. All trees shall be a minimum 24-inch boxed size and all shrubs shall be a minimum of 15-gallon size. c. Landscape and paving maintenance shall be an on-going responsibility of the property owner(s) and shall include routine pruning of trees and shrubs, maintenance of the automatic irrigation system and the replacement of damaged or diseased plant materials, as needed. Any landscaping that exists on site or is installed as per the landscape plan that fails or dies shall be replaced as soon as possible with an equivalent planting. d. The landscape plan shall illustrate appropriate quantities and sizes of plant materials to ensure buffering of buildings and parking areas. e. All landscape areas shall be protected by 6-inch high poured in place concrete curbs. f. All landscaping shall be installed prior to final Certificate of Occupancy. 11. Trash and Recyclina Enclosure: The applicant shall submit the following details regarding the design and location of a trash and recycling enclosure(s) to the Planning Division for review and approval by the Community Development Director prior to the issuance of building permits for the project: a. Trash Containers of a size and quantity necessary to serve the new use shall be in areas approved by the Fire Department and Community Development Director. b. Unless otherwise noted, enclosures shall consist of a concrete floor surrounded by a six-foot high solid wall and have decorative doors and designed to be architectural compatible to the buildings. The enclosure shall be constructed at grade level and have a level area adjacent to the trash enclosure area to service the containers. Driveways or aisles shall provide unobstructed access for collection vehicles and personnel and provide at least the minimum clearance required by the collection methods and vehicles utilized by the designated collector. The wall, gate and surface inside the enclosure must be kept in sound repair and condition. The refuse and recycling containers shall be kept in the enclosure at all times except when being emptied by collection personnel. c. The proposed trash enclosure shall also consist of a roof structure, fire sprinklers, and a drain connected to the sanitary sewer system. The applicant shall contact the West Valley Sanitation District for specific connection and discharge requirements. Planning Commission Resolution No. 4084 PLN2011-272 - 337 E. Hamilton Avenue Conditional Use Permit with Site and Architectural Review Permit Pape 8 d. The trash enclosure design shall be architectural compatible with the proposed convenience market, including both colors and exterior materials. 12. Parking and Driveways: All parking and driveway areas shall be developed in compliance with Chapter 21.28 of the Campbell Municipal Code and the approved project plans. 13. Employee Parking: Parking stalls identified as numbers 8 and 9 on the approved site plan shall be restricted to employee parking only. All employees who are scheduled to work on-site must park in the identified employee parking stalls. The identified parking stalls shall be adequately signed and striped as employee parking only. 14. Bicycle Parking: The final site plan submitted for a building permit shall include four on-site bicycle parking spaces. 15. Roof Mounted Equipment and Screening: Prior to issuance of building permits for the applicant shall submit a detailed plan showing that the proposed parapet roof will adequately screen all roof mounted mechanical equipment. 16. Ground Mounted Eauipment (Utility Boxes, Transformers, Fire Connectors, Back- Flow Preventers, etc.): The applicant shall submit a plan for review and approval of the Community Development Direct of the location of PG&E transformers, San Jose Water backflow preventers, and all other associated or similar ground mounted equipment, indicating the location of the facilities and screening if the facilities are above ground. At no time shall any associated ground mounted equipment be installed prior to planning division authorization. 17. On-site Lighting: Any proposed on-site lighting shall be shielded away from adjacent properties and directed on site. Building mounted lighting along the southern and eastern elevations is prohibited and only bollard style pedestrian lighting shall be used along within these areas to address pedestrian safety. The design and type of lighting fixtures and lighting intensity of any exterior lighting shall be reviewed and approved by the Community Development Director, prior to issuance of a building permit. If during construction the existing or newly installed lighting is found by planning staff to impact the adjacent properties, revisions to the on-site lighting will be required prior to building permit final. 18. Exterior Building Colors: The applicant shall submit two (2) copies of an exterior paint color detail sheet that provides the actual paint sample with the name and number of the paint color for review and approval by the Community Development Director prior to application of the paint. Planning Commission Resolution No. 4084 PLN2011-272 - 337 E. Hamilton Avenue Conditional Use Permit with Site and Architectural Review Permit Page 9 19. 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. 20. Fences/walls: Any newly proposed fencing and/or walls shall comply with Sections 21.18.060 (Fences, Walls. Lattice, and Screens) and 21.18.120 (Screening and Buffering) of the Campbell Municipal Code. 21. 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. 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.). Building Division: Planning Commission Resolution No. 4084 PLN2011-272 - 337 E. Hamilton Avenue Conditional Use Permit with Site and Architectural Review Permit Paae 10 22. Permits Required: A building permit application shall be required for the proposed addition, remodeling, and change in use of the existing commercial structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 23. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 24. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 25. 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. 26. 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. 27. 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. 28. 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. 29. 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. 30. 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. 31. Title 24 Accessibility -Commercial: Projects seeking to use the Title 24 Hardship exemption clause shall blue-line completed, City of Campbell "20%" exemption form Planning Commission Resolution No. 4084 PLN2011-272 - 337 E. Hamilton Avenue Conditional Use Permit with Site and Architectural Review Permit Page 11 on submitted construction plans. Form is available at Building Division service counter. 32. 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. School District i. Campbell Union School District (378-3405) ii. Campbell Union High School District (371-0960) iii. Moreland School District (874-2900) iv. Cambrian School District (377-2103) d. Bay Area Air Quality Management District (Demolitions Only) 33. 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 34. 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 purposes along the Hamilton Avenue frontage to accommodate 17 feet of right of way from face of curb to back of walk, unless otherwise approved by the City Engineer, The applicant shall submit the necessary documents for approval by the City Engineer, process the submittal shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 35. 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. 36. Drainage System: Prior to occupancy clearance, the applicant shall refurbish, remodel, and reconstruct the on-site drainage system, as necessary, to demonstrate that the facilities are functioning normally in accordance with the requirements of the City. Planning Commission Resolution No. 4084 PLN2011-272 - 337 E. Hamilton Avenue Conditional Use Permit with Site and Architectural Review Permit Page 12 37. 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. 38. 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. 39. 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. 40. 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. Hamilton 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. 41. 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: E. Hamilton Avenue a. Show location of all existing utilities within 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. d. Installation of City Standard ADA compliant driveway approaches, sidewalk, curb, and gutter. e. Installation of Streetscape treatment consisting of 10' landscape park strip, 7' City Standard sidewalk, curb, gutter, street, turf and irrigation. f. Installation of stand alone pedestrian push button near curb ramp. Planning Commission Resolution No. 4084 PLN2011-272 - 337 E. Hamilton Avenue Conditional Use Permit with Site and Architectural Review Permit Page 13 g. Installation of asphalt concrete overlay per street pavement restoration plan for utility installation and/or abandonment, as required by the City Engineer. h. Removal and replacement of existing streetlight with new streetlight, conduits, conductors and related facilities in accordance with the City of Campbell's Street Lighting Policies. i. Installation of traffic control, stripes and signs. j. Construction of conforms to existing public and private improvements, as necessary. k. Submit final plans in a digital format acceptable to the City. N. Central Avenue a. Show location of all existing and proposed 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. d. Installation of City approved street trees and tree wells. e. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway approach. Two way driveway approaches shall have a minimum 25ft width. f. Installation of asphalt concrete overlay per street pavement restoration plan for utility installation and/or abandonment, as required by the City Engineer. g. Installation of traffic control, stripes and signs. h. Construction of conforms to existing public and private improvements, as necessary. Submit final plans in a digital format acceptable to the City. 42. Maintenance of Landscaping: Owner(s), current and future, are required to maintain the landscaped park strip and tree wells in the public right of way. This includes, but is not limited to: trees, lawn, plantings, irrigation, etc. Trees shall not be pruned in a manner that would not allow the tree to grow to a mature height. 43. 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. 44. Additional Street Im rovements: 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. Planning Commission Resolution No. 4084 PLN2011-272 - 337 E. Hamilton Avenue Conditional Use Permit with Site and Architectural Review Permit Paae 14 45. 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. 46. 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. 47. Lot Line Adjustment: Prior to the issuance of any grading of building permits, the applicant shall verify and rectify any property discrepancy issues, as required by the City Engineer. The legal description for the property identifies two (2) lots, where it appears an assumed property line may be in conflict with the proposed building addition. Parcel Map 243 M 37 identifies this property as Parcel 2. If two (2) lots exist, then the property would need to be merged via a lot line adjustment. Prior to issuance of any grading or building permits for the site, the applicant fully complete a lot line adjustment process. The applicant shall submit an application for approval by the City Engineer, pay the current application processing fees, process the application with City staff's comments and fully complete the lot line adjustment. 48. Vacation of Public Easements: The title report identifies multiple easements that conflict with the proposed building addition. No structures of any kind can be built within an easement, unless so explicitly granted. Prior to issuance of any grading or building or building permits for the site, the applicant shall submit a vacation of easement applicant for approval by the City Engineer, pay the current application processing fee, process the application with City staff's comments and record the vacation documents. COUNTY FIRE DEPARTMENT Planning Commission Resolution No. 4084 PLN2011-272 - 337 E. Hamilton Avenue Conditional Use Permit with Site and Architectural Review Permit Page 15 49. Project Review: Review of the development proposal has been 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. 50. HAZMAT: Contact the HAZMAT division to determine requirements regarding the removal of the automotive repair use and facilities. Please call 408-378-4010. 51. Facility Closure: Provide a completed closure plan outlining the disposition of all hazardous materials used at this facility. PASSED AND ADOPTED this 9th day of October, 2012, by the following roll call vote: AYES: Commissioners: Brennan, Resnikoff, Razumich, Reynolds and Roseberry NOES: Commissioners: Gibbons ABSENT: Commissioners: None ABSTAIN: Commissioners: Razumich APPROVED: ~ ~ ~~' "~ Philip C. Reynolds, Cha' ATTEST: -- Paul Ke oyan, Secretary