PC Res 4236RESOLUTION NO. 4236
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL RECOMMENDING THAT THE CITY
COUNCIL APPROVE MODIFICATIONS TO A PLANNED
DEVELOPMENT PERMIT AND SITE AND ARCHITECTURAL
REVIEW PERMIT (PLN2015-107) ON PROPERTIES LOCATED AT
3175 S. WINCHESTER BOULEVARD AND 471/485 CHAPMAN
DRIVE. FILE NO: PLN2015-107
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 Planning Commission finds as follows with regard to file number PLN2015-107:
Environmental Finding
1. The project is Categorically Exempt under Section 15301 (Class 1) and Section 15311
(Class 11) of the California Environmental Quality Act (CEQA). The modification of the
parking lot on the Winchester property is exempt under Class 1 which pertains to the
minor alteration of existing facilities involving negligible expansion of use beyond that
currently existing. The new parking lot on the two Chapman properties is exempt under
Class 11 which pertains to construction of minor structures (e.g., small parking lots)
accessory to existing commercial facilities.
Evidentiary Findings
1. The project site encompasses three properties; 3175 S. Winchester, 471 Chapman
Drive, and 485 Chapman Drive, located on the north side of Winchester Boulevard
between Hacienda Avenue to the east and Chapman Drive to the west.
2. The proposal requires approval of a Lot Line Adjustment to merge the three properties.
The applicant will be required to complete this Lot Line Adjustment process prior to
issuance of any Grading or Building Permits for the site.
3. The project site comprises 3.64 acres (three properties combined).
4. The 3175 S. Winchester property is zoned P-D (Planned Development).
5. The 471 Chapman Drive and 485 Chapman Drive properties are zoned C2 (General
Commercial).
6. All three properties on the project site have a General Plan designation of General
Commercial.
7. The project site is located within the San Tomas Area Neighborhood Plan.
8. The project site is bordered by single-family residential properties to the west, a
townhouse complex to the northwest, a commercial daycare business to the south of
Planning Commission Resolution No. 4236
PLN2015-107 - 3175 S. Winchester Boulevard and 471/485 Chapman Drive
Recommending Approval of a Modification to a Planned Development Permit and Site and
Architectural Review Permit -Barracuda Networks
Page 2 of 3
the two Chapman Drive properties, the Santa Clara Valley Water District property
(recharge pond) to the north, and Kaiser Permanente to the east.
9. The office use requires a minimum of 273 parking spaces (one per 225 square feet of
the 61,400 square foot building). The proposal includes a total of 295 parking spaces.
10. The 295 space parking lot requires a minimum of 37 trees. The proposal includes a
total of 115 new and existing trees on the property.
11. The 295 space parking lot requires a minimum of 5,960 square feet of landscape area.
The proposal includes 29,725 square feet of landscaping on the property.
12. The proposal will require the removal and replacement of 19 protected trees. The
proposal will provide 41 new trees.
13. The proposed project will be compatible with the underlying Central Commercial
General Plan land use designation, as conditioned.
14. The Conditions of Approval are attached.
Based upon the foregoing findings of fact and pursuant to Campbell Municipal Code
Section 21.12.030(H6), the Planning Commission further finds and concludes that:
1. The proposed development will clearly result in a more desirable environment and use
of the land than would be possible under any other zoning district classification.
2. The proposed development will be compatible with the General Plan of the City and will
aid in the harmonious development of the immediate area.
3. The proposed development will not result in allowing more residential units than would
be allowed by other residential zoning districts, which are consistent with the General
Plan designation of the property.
4. The proposed development will not be detrimental to the health, safety or welfare of the
neighborhood or the City as a whole.
5. There is a reasonable relationship and a rough proportionality between the Conditions
of Approval and the impacts of the project.
6. There is a reasonable relationship between the use of the fees imposed upon the
project and the type of development project.
7. No substantial evidence has been presented from which a reasonable argument could
be made that shows that the project, as currently presented and subject to the required
conditions of approval, will have a significant adverse impact on the environment.
Planning Commission Resolution No. 4236
PLN2015-107 - 3175 S. Winchester Boulevard and 471/485 Chapman Drive
Recommending Approval of a Modification to a Planned Development Permit and Site and
Architectural Review Permit -Barracuda Networks
Page 3 of 3
THEREFORE, BE IT RESOLVED that the Planning Commission recommends that the
City Council approve Modifications (PLN2015-107) to a Planned Development Permit and
Site and Architectural Review Permit (PLN2015-107) on properties located at 3175 S.
Winchester Boulevard and 471/485 Chapman Drive subject to the attached
Recommended Conditions of Approval (attached Exhibit "A").
PASSED AND ADOPTED this 25th day of August, 2015, by the following roll call vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners
ABSTAIN: Commissioners:
ATTEST:
Bonhagen, Dodd, Kendall and Young
Finch, Reynolds & Rich
None
None
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APPROVED: `~~-~
Pamela Fin , Ckair
Paul KerYnoyan, Secretary
EXHIBIT A
RECOMMENDED CONDITIONS OF APPROVAL
Planned Development Permit Modification and
Site and Architectural Review Permit (PLN2015-107)
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.
PLANNING DEPARTMENT CONDITIONS OF APPROVAL
Approved Project: The Planning Commission recommends approval of Application
PLN2015-107 to allow modification of an existing Planned Development Permit and
Site and Architectural Review Permit at 3175 S. Winchester, 471 Chapman Drive, 485
Chapman Drive. The project shall substantially conform to the approved plans; except
as may be modified by the Conditions of Approval contained herein.
2. Entry Gate: The pedestrian entry gate located on the subject property adjacent to
Walnut Drive may only be accessible between the hours of 11:OOam and 2:OOpm
weekdays, while maintaining the ability to freely exit the gate at all times so as not to
preclude emergency egress.
3. Parkin L~Signage: A sign shall be installed at the Chapman parking lot exit driveway
prior to issuance of a final building permit, alerting drivers to watch for children and
pedestrians. The sign shall be maintained in good condition and replaced as
necessary to comply with this condition.
4. Lot Line Adjustment: The proposal requires approval by the City Engineer for a Lot
Line Adjustment to merge the three properties. The applicant will be required to
complete this Lot Line Adjustment process prior to issuance of any Grading or Building
Permits for the site.
5. Approval Expiration: The Planned Development Permit and Site and Architectural
Review Permit approval shall be valid for one year from the date of final approval. If
within this one-year period, the applicant fails to obtain a building permit and complete
construction, the approval will be void.
6. Landscaping: All landscaping shall be maintained in good health. Additionally,
a. All landscaping shall be installed per the approved landscape plan.
b. All new street trees shall be a minimum 24-inch box size and all shrubs shall be a
minimum of 5-gallon size. All new on-site trees shall be provided as approved by
the City Council.
c. All landscape areas shall be protected by 6-inch high poured in place concrete
curbs.
d. All landscaping shall be installed prior to final building permit issuance.
Exhibit A -Proposed Conditions of Approval Page 2
3175 S. Winchester Boulevard and 471/485 Chapman Drive
Modifications to Planned Development Permit & Site and Architectural Review Permit
PLN2015-107
e. All trees shall be installed prior to final building permit issuance, unless accepted
arboricultural practices dictate a preferential planting period for the species chosen
as the replacement tree. The community development director may require a cash
deposit to secure the planting of a replacement tree(s).
7. Landscape Maintenance: The owner/operator of the property shall provide on-going
maintenance of the required landscaping for the project.
Parking, Driveways, and Maintenance: All parking and driveway areas shall be
developed in compliance with the approved plans and Chapter 21.30 (Parking and
Loading) of the Campbell Municipal Code, subject to review by the Community
Development Director.
9. Parking Stall Markings: The applicant shall indicate on the building plans that all
compact parking stalls are painted to identify them as compact spaces prior to the
issuance of a building permit.
10. Fences/Watls: Any newly proposed fencing and/or wall shall comply with Section
21.18.060 of the Campbell Municipal Code and shall be submitted for review and
approval by the Community Development Department.
11. Contractor Contact Information Posting: 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.
12. On-Site Lightincl Any proposed 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 exterior lighting shall be per the approved plans or reviewed and
approved by the Community Development Director, prior to issuance of a building
permit. Lighting fixtures shall be of a decorative design to be compatible with the
development and shall incorporate energy saving features.
13. Construction Mitigation Measures: The applicant shall implement the following
construction mitigation measures:
a. Construction activities will be limited to daytime hours of 8:00 am to 5:00 p.m.
weekdays and 9:00 a.m. to 4:00 p.m. Saturdays. Construction is prohibited on
Sundays and Holidays unless an exception is granted by the Building Official.
b. No pile driving is allowed for construction of the project.
c. All internal combustion engines for construction equipment used on the site will be
properly muffled and maintained.
d. All stationary noise generating construction equipment, such as air compressors
and portable power generator, will be located as far as practical from the existing
residences and businesses.
e. All active construction areas shall be watered at least twice daily.
Exhibit A -Proposed Conditions of Approval Page 3
3175 S. Winchester Boulevard and 471/485 Chapman Drive
Modifications to Planned Development Permit & Site and Architectural Review Permit
PLN2015-107
f. Cover all trucks hauling soil and other loose materials stationed or prior to leaving
the site.
g. Pave, apply water, or apply non-toxic soil stabilizers on all unpaved surfaces, and
staging areas at the construction site.
h. Sweep daily all paved access roads, parking areas, staging areas, and adjacent
public streets as directed by the City Engineer.
i. Enclose, cover, water or apply soil binders to exposed stockpiles.
j. Install sandbags or other erosion control measures to prevent runoff to all
roadways, waterways or pubic walkways accessed by the public.
14. The building permit and grading permit will not be issued until all Public Works
Conditions of Approval have been satisfied.
PUBLIC WORKS DEPARTMENT CONDITIONS OF APPROVAL
Response Letter: Upon submittal of the Lot Line Adjustment, the Street Improvement
Plans and the Grading and Drainage Plans, the applicant shall provide an itemized
response letter verifying that all the Public Works Conditions of Approval have been
met or addressed.
2. Lot Line Adjustment: Prior to issuance of any Grading or Building Permits for the site,
the applicant shall fully complete the lot line adjustment process for merging the two
single family home lots with the main campus parcel. 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.
3. Demolition: Prior to recording of the Lot Line Adjustment the applicant shall obtain
demolition permits to remove any nonconforming structures.
4. Grading and Drainaqe 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.
In addition, a plan review letter will be required of the Geotechnical engineer for the
entire grading and drainage system which should include but is not limited to a review
of the subsurface of the non-compacted biotreatment material that may have potential
for subsurface failure and surface failure due to vehicle loads.
5. Drainaqe System: Prior to occupancy clearance, the applicant shall refurbish,
remodel, and reconstruct the on-site drainage system, as necessary, to demonstrate
Exhibit A -Proposed Conditions of Approval Page 4
3175 S. Winchester Boulevard and 471/485 Chapman Drive
Modifications to Planned Development Permit & Site and Architectural Review Permit
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that the facilities are functioning normally in accordance with the requirements of the
City.
6. Storm Drain Area Fee: Prior to issuance of any grading or building permits for the site,
the applicant shall pay the required Storm Drain Area fee, currently set at $2,650.00
per net acre, for the lots at 471 & 485 Chapman Drive.
7. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or
building permits, the applicant shall comply with the National Pollution Discharge
Elimination System (NPDES) permit requirements, Santa Clara Valley Water District
requirements, and the Campbell Municipal Code regarding stormwater pollution
prevention. Specifically the project must include source control, site design and
treatment measures to achieve compliance with Provision C.3. of the NPDES Permit.
Measures may include, but are not limited to, minimization of impervious surface area,
vegetated swales, infiltration areas, and treatment devices. The primary objectives are
to improve the quality and reduce the quantity of stormwater runoff to the bay.
Resources to achieve these objectives include Stormwater Best Management
Practices Handbook for New Development and Redevelopment ("CA BMP Handbook")
by the California Stormwater Quality Association (CASQA), 2003; Start at the Source:
A Design Guidance Manual for Stormwater Quality Protection ("Start at the Source") by
the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and
Using Site Design Techniques to Meet Development Standards for Stormwater
Quality: A Companion Document to Start at the Source ("Using Site Design
Techniques") by BASMAA, 2003.
Upon submission of the preliminary site/grading plans, the applicant shall calculate and
submit to the City the amount of impervious surface created by the development
including the types of stormwater controls to be used. The applicant shall submit
preliminary sizing and design showing stormwater controls meet the City's
requirements.
Prior to issuance of any grading or building permits:
a. The applicant's designer or engineer shall submit the required certification
indicating that sizing, selection, and design of treatment BMP's for the project site
has been completed to meet the requirements of the City of Campbell's NPDES
permit, No. 01-119, Provision C.3.
b. The applicant shall sign the "Covenants for the Operation and Maintenance of
Stormwater Facilities" and submit a Stormwater Management Plan.
Prior to occupancy:
a. A qualified BMP certifier is required to inspect the stormwater management
facilities, submit a complete set of as-built drawings to Public Works Engineering,
and certify on these drawings that:
Exhibit A -Proposed Conditions of Approval Page 5
3175 S. Winchester Boulevard and 471/485 Chapman Drive
Modifications to Planned Development Permit & Site and Architectural Review Permit
PLN2015-107
1. The stormwater management facilities were constructed in compliance with
the approved plans.
2. The as-built drawings show all pertinent constructed dimensions, elevations,
shapes, and materials.
3. All variations in construction from the approved design plan have been
identified, including omissions to and additions from the approved plan.
4. Any changes are in conformance with local, state, or federal regulations.
b. The applicant shall provide security for the operation and maintenance of
stormwater pollution prevention measures installed or provided as a part of this
project.
8. 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.
9. 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. 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.
10. Street Improvement Agreements /Plans /Encroachment Permit /Fees /Deposits
Prior to issuance of any grading or building permits, 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. Removal of existing driveway approaches and necessary sidewalk, curb and gutter.
c. Installation of ADA compliant driveway approaches on Winchester Boulevard and
necessary sidewalk, curb and gutter.
d. Construction of conforms to existing public and private improvements, as
necessary.
e. Submit final plans in a digital format acceptable to the City.
11. Street Improvements Completed for 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.
Exhibit A -Proposed Conditions of Approval Page 6
3175 S. Winchester Boulevard and 471/485 Chapman Drive
Modifications to Planned Development Permit & Site and Architectural Review Permit
PLN2015-107
12. 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.
13. Utility Encroachment Permit: Separate encroachment 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.
14. 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.
BUILDING DEPARTMENT CONDITIONS OF APPROVAL
All building code issues will be reviewed in the Building Permit process. Please be aware
that building codes are changing constantly; plans submitted for building permit shall comply
with the code in effect at that time. Submit permit application together with required
documents to the Building Inspection Division to obtain a building permit. No construction
can be commenced without an appropriate building permit. To the satisfaction of the
building division manager/building official:
PERMITS REQUIRED: A building permit application shall be required for the
proposed new commercial parking lot(s). The building permit shall include
Electrical/Plumbing/Mechanical fees when such work is part of the permit. The
building shall be made to comply with all the requirements necessary to the new
buildings proposed occupancy.
2. CONSTRUCTION PLANS: The conditions of Approval shall be stated in full on the
cover sheet of construction plans submitted for building permit.
3. SIZE OF PLANS: The minimum size of construction plans submitted for building
permits shall be 24 in. X 36 in.
4. 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.
5. SITE PLAN: Application for building permit shall include a competent site plan that
identifies property and proposed structures with dimensions and elevations as
Exhibit A -Proposed Conditions of Approval Page 7
3175 S. Winchester Boulevard and 471/485 Chapman Drive
Modifications to Planned Development Permit & Site and Architectural Review Permit
PLN2015-107
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.
6. 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 Chapter 1, Section 106. Please obtain City of
Campbell, Special Inspection forms from the Building Inspection Division Counter.
7. 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.
8. 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.
9. TITLE 24 ACCESSIBILITY -COMMERCIAL: this project shall comply fully with the
provisions of Chapter 11 B of the California Building Code 2013 ed.
10. APPROVALS REQUIRED: The project requires the following agency approval prior to
issuance of the building permit: Santa Clara County Fire Department
11. 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.
12. LEED FOR NEW CONSTRUCTION: Applicant shall complete and return Leed
Project Checklist prior to issuance of permit.
13. STORM WATER REQUIREMENTS: Storm water run-off from impervious surface
created by this permitted project shall be directed to vegetated areas on the project
parcel. Storm water shall not drain onto neighboring parcels