CC Resolution 12024RESOLUTION NO. 12024
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING AN ADMINISTRATIVE PLANNED
DEVELOPMENT PERMIT (PLN2015-338) WITH AN EXCEPTION
TO A PARKING SETBACK CONTAINED WITHIN THE
WINCHESTER BOULEVARD MASTER PLAN, ON PROPERTY
LOCATED AT 2220 S. WINCHESTER BOULEVARD.
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
The City Council finds as follows with regard to file number PLN2015-338:
1. The project site is located on the northeast corner of Winchester Boulevard and
Sunnyside Avenue and is approximately 9,924 square feet in size.
2. After a 400 square foot dedication, the lot shall be approximately 9,524 square feet in
size.
3. The project site is zoned P-D (Planned Development) on the City of Campbell Zoning
Map.
4. The project site is designated Central Commercial on the City of Campbell General
Plan Land Use Map.
5. No use (e.g. retail, office) is proposed with the subject application. The property owner
will be required to apply for a separate discretionary review process (i.e. Administrative
Planned Development Permit) once ause/tenant has been identified for the structure.
6. The project site is located within the Winchester Boulevard Master Plan.
7. The project site is bordered by residential uses to the east, and commercial uses to the
north and across the street to the south (across Sunnyside) and west (across
Winchester Blvd.).
8. The proposal conforms to all requirements of the Winchester Boulevard Master Plan
with the exception of a requirement to provide an eight-foot rear setback to allow
parking spaces to encroach in the required setbacks.
9. The request for an exception to the Winchester Boulevard Master Plan requires City
Council approval.
10.The project site, as a developed site, is distinct from a new development which could
more readily conform to the setbacks and development standards of the Winchester
Boulevard Master Plan.
11. Both the Site and Architectural Review Committee and Planning Commission reviewed .
the exception request, concluding that the exception would be warranted in this
instance as the applicant's proposal furthers the WBMP's objective to deemphasize
City Council Resolution
Approving an Administrative Planned Development Permit with Exception to WBMP
2220 S. Winchester Boulevard - PLN2015-338
Page 2
parking by placing parking at the rear of the building, while providing safer ingress and
egress to the site, a greater number of parking stalls than presently exists, and
adequate buffering from abutting residential uses to the east (where the parking stalls
would encroach) through the incorporation of enhanced landscaping and fencing in that
area.
12. The removal and replacement of the existing driveway with City standard curb, gutter,
and sidewalk on Sunnyside Avenue, which would have precluded access to existing
parking spaces, could have been considered to take a substantial property right (to
provide adequate onsite parking) unless a comparable number of parking spaces could
have otherwise been accommodated on the property.
13. The requested exception to the Winchester Boulevard Master Plan is necessary to
accommodate a comparable number of parking spaces on the property.
14.The proposed project will be compatible with the underlying Central Commercial
General Plan land use designation and the Winchester Boulevard Master Plan, as
conditioned.
15. 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.
16.There is a reasonable relationship and a rough proportionality between the Conditions
of Approval and the impacts of the project.
17. There is a reasonable relationship between the use of the fees imposed upon the
project and the type of development project.
Based upon the foregoing findings of fact, the City Council further finds and concludes
that:
18.The proposed development or uses clearly would result in a more desirable
environment and use of land than would be possible under any other zoning district
classification;
19. The proposed development would be compatible with the general plan and will aid in
the harmonious development of the immediate area;
20. The proposed development will not result in allowing more residential units that would
be allowed by other residential zoning districts which are consistent with the general
plan designation of the property;
a
21. The proposed development would not be detrimental to the health, safety or welfare of
the neighborhood or of the city as a whole;
City Council Resolution
Approving an Administrative Planned Development Permit with Exception to WBMP
2220 S. Winchester Boulevard - PLN2015-338
Page 3
22.There are special circumstances and conditions affecting the subject property;
23. The exception is necessary for the preservation and enjoyment of a substantial
property right of the developer;
24.The granted of the exception will not be detrimental to the public welfare, or injurious to
other property in the area in which said property is situated; and
25.The project is Categorically Exempt 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.
THEREFORE, BE IT RESOLVED that the City Council adopts a Resolution approving an
Administrative Planned Development Permit (PLN2015-338) with an exception to a
parking setback contained within the Winchester Boulevard Master Plan, on property
located at 2220 S. Winchester Boulevard, subject to the attached Conditions of Approval
(attached Exhibit "A").
PASSED AND ADOPTED this 19t" day of July , 2016, by the following roll call vote:
AYES: COUNCILMEMBERS: Kotowski, Resnikoff, Cristina, Gibbons, Baker
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
APPROVED: ~~~~ ~"` ~ /~~ ~'ll
Jason T. Baker, Mayor
~t
ATTEST: ~~ ~ o
Wendy ood, City Clerk
CONDITIONS OF APPROVAL
Administrative Planned Development Permit (PLN2015-338) with an Exception to a
Parking Setback Contained within Winchester Boulevard Master Plan
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.
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
Approved Project: Approval is granted for an Administrative Planned Development
Permit to allow the redevelopment of an existing building and site, with an exception to
a parking setback contained within the Winchester Boulevard Master Plan, on property
located at 2220 S. Winchester Boulevard. The project shall substantially conform to
the revised project plans and color/materials board stamped as received by the
Planning Division on May 31, 2016 except as may be modified by the conditions of
approval herein.
2. Plan Revisions: The building permit submittal construction plans shall incorporate the
following revisions:
a. Fencing: Where fencing is replaced along the rear (east) property line, it shall be
replaced with fencing matching the appearance of the existing ±7-foot wood fence
with lattice. Conformance to this requirement shall be to the satisfaction of the
Community Development Director.
b. Signs: The proposed stop sign pole shall be relocated closer to the sidewalk
interface with a white line painted across the drive aisle to demarcate the
appropriate point for a vehicle to stop. In addition, or as an alternative to installation
the stop sign pole, the applicant may stencil letters on the ground reading "STOP".
3. Permit Expiration: The Administrative Planned Development Permit (PLN2015-338)
shall be valid for two years from the date of final approval. The City Council will be .the
final approving authority. Within this two-year period an application for a building permit
must be submitted. Failure to meet this deadline will result in the Administrative
Planned Development Permit being rendered void.
4. Delegation of Authority: Modifications to the site or project shall default back to the
decision making body specified in the Campbell Municipal Code and not otherwise
require City Council approval except where expressly required.
5. 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.
Conditions of Approval ~ 2220 S. Winchester Boulevard
Administrative Planned Development Permit with Exception to WBMP - PLN2015-338
Paae 2
6. Final Landscaping Plan: The applicant shall submit a final landscape and irrigation plan
with the building permit construction plans in compliance with the City's Water Efficient
Landscape Guidelines.
7. Grading Plan: The building permit construction plans shall include a grading and
drainage plan prepared by a qualified engineer indicating actual (not assumed) existing
and proposed grades relative to existing grade and showing management of on-site
drainage, for review and approval by the Community Development Director. The
existing grade shall be modified to the minimum extent necessary to ensure proper
drainage as determined by the Community Development Director.
8. Height Measurements: The height measurements on the elevation sheets shall be
revised on the building permit construction plans to be consistent with the grading and
drainage plan. Height measurements should occur at three elevations; existing grade,
finished floor, and top of structure.
9. Parking: All parking and driveway areas shall be maintained in compliance with the
standards in Chapter 21.28 (Parking & Loading) of the Campbell Municipal Code and
the Winchester Boulevard Master Plan except where explicitly granted an exception by
the City Council.
10. Fines: Prior to Building Permit submittal, if not required earlier, the applicant shall pay
$1,831.27 which reflects the value of the removed tree and a citation for work without
permits.
11. Compliance with Other Regulations: The applicant shall comply with all state, county,
and city regulations and laws that pertain to the proposed project.
12.On-Site Lighting: On-site lighting shall be shielded away from adjacent properties and
directed on site. The design and type of lighting fixtures and lighting intensity of any
proposed exterior building lighting shall be reviewed by the Community Development
Director prior to installation of the lighting for compliance with all applicable Conditions
of Approval, ordinances, laws and regulations. The Director will have the authority to
reject, approve or request modifications to the lighting design to achieve these goals.
13. Signage: No building signs have been considered as part of this Planned Development
Permit. Future signage shall be considered pursuant to applicable City development
standards and processes.
14. Construction Activities: The applicant shall abide by the following requirements during
construction:
c.~ The project site shall be posted with the name and contact number of the lead
contractor in a location visible from the public street prior during all periods of
construction.
d. 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
Conditions of Approval ~ 2220 S. Winchester Boulevard
Administrative Planned Development Permit with Exception to WBMP - PLN2015-338
Page _3
place on Sundays or holidays unless an exception is granted by the Building
Official.
e. All construction equipment with internal combustion engines used on the project site
shall be properly muffled and maintained in good working condition.
f. Unnecessary idling of internal combustion engines shall be strictly prohibited.
g. 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.
h. Use standard dust and erosion control measures that comply with the adopted Best
Management Practices for the City of Campbell.
Building Division
15. Permits Required: A building permit application shall be required for the proposed
renovations to the (e) commercial building. 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.
16. Construction Plans: The conditions of Approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
17. Size of Plans: The minimum size of construction plans submitted for building permits
shall be 24 in. X 36 in.
18. 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.
19. 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.
20. Title 24 Energy Compliance: California Title 24 Energy Standards 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.
21. Special Inspections: When a special inspection is required by C.B.C. Chapter 17, the
architect or engineer of record shall prepare an inspection program that shall be
submitted to the Building Official for approval prior to issuance of the building permits,
in accordance with C..B.C Chapter 1, Section 106. Please obtain City of Campbell,
Special Inspection forms from the Building Inspection Division Counter.
22. Non-Point Source Pollution: The City of Campbell, standard Santa Clara Valley Non-
point Source Pollution Control Program specification sheet shall be part of plan
Conditions of Approval ~ 2220 S. Winchester Boulevard
Administrative Planned Development Permit with Exception to WBMP - PLN2015-338
Paae 4
submittal. The specification sheet (size 24" X 36") is available at the Building Division
service counter.
23. 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.
24. Title 24 Accessibility -Commercial: this project shall comply fully with the provisions of
Chapter 11 B of the California Building Code 2013 ed.
25.A~provals Required: The project requires the following agency approval prior to
issuance of the building permit:
a. West Valley Sanitation District
b. 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)
c. Santa Clara County Fire Department
d. Santa Clara County Department of Environmental Health
26. P.G.&E.: Applicant is advised to contact Pacific Gas and Electric Company as early as
possible in the approval process. Service installations, changes and/or relocations
may require substantial scheduling time and can cause significant delays in the
approval process. Applicant should also consult with P.G. and E. concerning utility
easements, distribution pole locations and required conductor clearances.
27. LEED for New Construction: Applicant shall complete and return LEED Project
Checklist prior to issuance of permit.
28. 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.
Public Works Department
29. Response Letter: Upon submittal of the Parcel Map, 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.
30. Preliminary Title Report: Prior to issuance of any grading or building permits for the
site, the applicant shall provide a current (within the past 6 months) Preliminary Title
Report. '
31. Right-of-Way for Public Street Purposes: Prior to issuance of any grading or building
permits for the site, the applicant shall fully complete the process to cause additional
Conditions of Approval ~ 2220 S. Winchester Boulevard
Administrative Planned Development Permit with .Exception to WBMP - PLN2015-338
Page 5
right-of-way to be granted in fee for public street purposes along the Sunnyside Avenue
frontage to accommodate a 30-ft half street, 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 shall cause all documents to be prepared by a
registered civil engineer/land surveyor, as necessary, for the City's review and
recordation.
32. 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.
33. 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.
34. 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, which is $610.00.
35. Storm Water Information: On the grading plans show the amount, in square footage,
of: -
a. Existing impervious area..
b. Proposed impervious area.
c. Proposed pervious area.
36. Stormwater Pollution Prevention Measures (<10,000 SF Impervious Area): 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 Qualify 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.
37.PIan Lines: Prior to issuance of any grading or building permits for the site, the
applicant shall provide a plan layout showing the correct distance from the street
Conditions of Approval ~ 2220 S. Winchester Boulevard
Administrative Planned Development Permit with Exception to WBMP - PLN2015-338
Paae 6
centerline to the property line, dimensions of sidewalk and other relevant information in
the public right of way.
38. 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.
Utility locations shall not cause damage to any existing street trees. Where there are
utility conflicts due to established tree roots or where a new tree will be installed,
alternate locations for utilities shall be explored. Include utility trench details where
necessary.
39. 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.
40. 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.
41. 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. Winchester Boulevard was reconstructed in 2012 and Sunnyside 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.
42. Street Improvement Agreements /Plans /Encroachment Permit /Fees /Deposits:
Prior to issuance of any grading or building permits for the site, the applicant shall
execute a street improvement agreement, cause plans for public street improvements
to be prepared by a registered civil engineer, pay various fees and deposits, post
security and provide insurance necessary to obtain an encroachment permit for
construction of the standard public street improvements, as required by the City
Engineer. The plans shall include the following, unless otherwise approved by the City
Engineer:
Winchester Boulevard
a. Show location of all existing utilities within the new and existing public right of
way.
Conditions of Approval ~ 2220 S. Winchester Boulevard
Administrative Planned Development Permit with Exception to WBMP - PLN2015-338
Page 7
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 two driveway approaches and necessary sidewalk, curb and
gutter and installation of City standard curb, gutter, sidewalk.
d. Installation of City standard curb, gutter, 10 foot sidewalk and ADA compliant
driveway approach along Winchester Boulevard (north limit). See City Standard
Commercial Driveway Detail 18.
e. Installation of standard curb, gutter and 10' sidewalk to replace existing curb cut
at the southern end.
f. Installation of an ADA ramp at the northeast corner of Winchester Boulevard and
Sunnyside Avenue per Detail A88A of the Caltrans Specifications.
g. Installation of City approved street trees, 6'x6' tree well(s) and grate with
structural .soil and irrigation at 30 feet.
h. Installation of traffic control, stripes and signs. Restriping the entire frontage
maybe required depending on the utility plan and the pavement restoration plan.
i. Construction of conforms to existing public and private improvements, as
necessary..
j. Submit final plans in a digital format acceptable to the City.
Sunnyside Avenue:
a. Show location of all existing utilities within the new and existing public right of-
way.
b. Relocation of all existing utilities including utility boxes, covers, poles, etc.
outside of sidewalk area. No utility boxes, covers, etc: will be allowed in the
sidewalk area.
c. Removal of existing non-ADA driveway approach and necessary sidewalk, curb
and gutter and installation of City standard curb, gutter, sidewalk.
d. Installation of City standard curb, gutter, 10 foot sidewalk and ADA compliant
driveway approach along Sunnyside Avenue. Current driveway exceeds City's
standards. Install City Standard Commercial Driveway Detail 18.
e. Installation of City approved street trees, tree well(s) and irrigation at 30 feet on
center.
f. Installation of traffic control, stripes and signs. Restriping the entire frontage
maybe required depending on the utility plan and the pavement restoration plan.
g. Construction of conforms to existing public and private improvements, as
necessary.
h. Submit final plans in a digital format acceptable to the City.
43. 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.
44. 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
Conditions of Approval ~ 2220 S. Winchester Boulevard
Administrative Planned Development Permit with Exception to WBMP - PLN2015-338
Paae 8
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.
45. 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.
46.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.
Santa Clara County Fire Department
47. Comment #1: Review of this development proposal is limited to acceptability of site
access and water supply as they pertain to fire department operations, and shall not be
construed as a substitute for formal plan review to determine compliance with adopted
model codes. Prior to performing any work, the applicant shall make application to,
and receive from, the Building Department all applicable construction permits.
48. Comment #2: All construction sites must comply with applicable provisions of the CFC
Chapter 14 and our Standard Detail and Specifications SI-7.