Loading...
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.