Loading...
CC Resolution 12035RESOLUTION NO. 12035 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A MODIFICATION (PLN2016-73) TO PREVIOUSLY-APPROVED PLANNED DEVELOPMENT PERMITS TO ALLOW THE EXTERIOR REMODEL OF AN EXISTING BUILDING LOCATED ON THE CITY'S HISTORIC RESOURCE INVENTORY (GEORGE HYDE CO. SUNSWEET GROWERS) AS WELL AS ASSOCIATED ON AND OFF-SITE IMPROVEMENTS AND A TREE REMOVAL PERMIT (PLN2016-154) ON PROPERTY LOCATED AT 300 & 307 ORCHARD CITY DRIVE. FILE NO.: PLN2016-73/154) 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 PLN2016-73 & 154: Environmental Finding ' 1. An Initial Study has been prepared for the project which provides documentation for the factual basis for concluding that a Negative Declaration may be adopted since no substantial evidence exists, in light of the whole record, that the project may have a ' significant effect on the environment. Evidentiary Findings 1. The project site is designated Central Commercial by the General Plan Land Use Element. 2. The project site is the Water Tower Plaza and includes portions of City parking lots and right-of-way located at and along south side of Orchard City 'drive, west of Railway Avenue, and east of S. First Street. 3. The proposed Modification (PLN2016-73) would allow exterior fagade and site upgrades to the Water Tower Plaza. 4. The proposal is intended to renovate the site with 'particular sensitivity to the early eras of the Campbell Fruit Growers Union and the George E. Hyde Company' (1892- 1937). 5. The proposal would remove non-historic elements of the building and site, reconfigure entrances, and improve accessibility. 6. The proposal includes a request (PLN2016-154) to remove two olive trees (which are in poor condition), and one podocarpus tree (which is in conflict with proposed improvements). 7. The proposed Modification serves to supersede previous Planned Development Permits which allowed for minor incremental renovations and changes to the site overtime (i.e. PD84-02, PD84-05 & M92-11). The subject permit is intended to supersede these previous entitlements with the intent of establishing a single permit City Council Resolution Approving a Modification & Tree Removal Permit 300 & 307 Orchard City Drive - PLN2016-73/154 which will serve to regulate the site and architectural design of the site, and streamline the permit review and processing of future entitlements. Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1. The action is allowed within the applicable zoning district with a Modification of the previously approved Planned Development Permit(s), and complies with all other applicable provisions of this Zoning Code and the Campbell Municipal Code; 2. The action is consistent with the General Plan; 3. The project would be consistent with the following General Plan and Downtown Development Plan goals, policies and strategies. Together, these documents speak to a desire to promote and enhance a downtown environment that provides a desirable and distinct balance of land uses: General Plan Policy LUT-5.1: Neighborhood Integrity: Recognize that the City is composed of residential, industrial and commercial neighborhoods, each with its own individual character; and allow change consistent with reinforcing positive neighborhood values, while protecting the integrity of the city's neighborhoods. Policy LUT-5.3: Variety of Commercial and Office Uses: Maintain a variety of attractive and convenient commercial and office uses that provide needed goods, services and entertainment. Strategy LUT-5.3g: Day and Evening Activities: Encourage restaurant and specialty retail uses in the Downtown commercial area that will foster a balance of day and evening activity. Strategy LUT-9.1c: Land Use Objectives and Redevelopment Plans: Permit only those uses that are compatible with land use objectives and redevelopment plans. Policy LUT-11.2:Services Within Walking Distance: Encourage neighborhood services within walking distance of residential uses. Policy LUT-19.1: Campbell Downtown Development Plan: Ensure that new development within the Downtown Area complies with the requirements of the Campbell Downtown Development Plan. Strategy LUT-19.1a: Mix of Uses: Encourage a compatible mix of uses (i.e. professional offices, services and retail uses) with ground floor retail uses. City Council Resolution Approving a Modification & Tree Removal Permit 300 & 307 Orchard City Drive - PLN2016-73/154 Paoe 3 of 5 Downtown Development Plan Goal LU-1: To continue the development and revitalization of the Downtown areas in a manner that positions it as a viable, self-sustaining commercial district in the competitive marketplace of Silicon Valley. Goal LU-2: Work to develop and promote a variety of retail businesses and diversification of eating establishments that will help create a unique destination and identity for Downtown. Policy LU-2.1: Ground Level Commercial: Develop and maihtain the ground floor space along East Campbell Avenue between Third Street and the light rail tracks as a distinctive retail and restaurant experience with ground floor uses that are diverse and interesting and contribute strongly to a distinctive and unique shopping experience. Strategy LU-6.1 a: Expand the Downtown boundaries while maintaining a scale that is in keeping with the "small town" image identifiable in the community and create a comfortable experience for the pedestrian. 4. 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; 5. 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; 6. 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; 7. 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; 8. The zoning designation for the project site is P-D (Planned Development). Exterior alterations to a historic property in this zoning district may occur with the approval of a Planned Development Permit; 9. The project consists of exterior fagade and site upgrades to the Water Tower Plaza; 10. The proposal is intended to renovate the site with particular sensitivity to the early eras of the Campbell Fruit Growers Union and the George E. Hyde Company (1892- 1937); City Council Resolution Approving a Modification & Tree Removal Permit 300 & 307 Orchard City Drive - PLN2016-73/154 Page 4 of 5 11. The proposal would remove non-historic elements of the building and site, reconfigure entrances, and improve accessibility; 12. The changes proposed by the project are consistent with the Historic Preservation Ordinance, and the Secretary of Interior Standards and do not detract from the existing architectural character of the building or site; 13. The proposed exterior changes are consistent with the purpose , of the Historic Preservation ordinance to enhance the visual character of the city by encouraging and regulating the compatibility of architectural styles within historic districts reflecting unique and established architectural traditions; 14. The three trees proposed for removal are not protected under the City's Tree Protection Ordinance on the basis of their size or species; 15. The retention of the podocarpus tree would restrict the economic enjoyment of the property as it would preclude the redevelopment of a significant building entry and is in direct conflict with the proposed improvements; 16. The applicant has demonstrated (by way of photographs) that the two olive trees proposed for removal should be removed as they are either diseased or in danger of falling in consideration of their state of decline and poor health; 17. The proposed replacement trees (a minimum of three 24-inch box trees) will be a sufficient replacement for the trees to be removed and will continue the diversity of tree species found in the community; and 18. 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. THEREFORE, BE IT RESOLVED that the City Council adopts a Resolution approving a Modification (PLN2016-73) to previously approved Planned Development Permits to allow the exterior remodel of an existing building listed on the City's Historic Resource Inventory (George Hyde Co. Sunsweet Growers) as well as associated on and off-site improvements and a Tree Removal Permit (PLN2016-154) on property located at 300 & 307 Orchard City Drive, subject to the attached Conditions of Approval (attached Exhibit "A") PASSED AND ADOPTED this 16th day of August, 2016, by the following roll call vote: AYES: COUNCILMEMBERS: Kotowski, Resnikoff, Cristina, Gibbons, Baker NOES: COUNCILMEMBERS: None' ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None City Council Resolution Approving a Modification & Tree Removal Permit 300 & 307 Orchard City Drive - PLN2016-731154 ~~~~ APPROVED: ~ Ja on T. Baker, Mayor ATTEST: ~ Wendy od, City Clerk Exhibit A CONDITIONS OF APPROVAL Modification and Tree Removal Permit 300 & 307 Orchard City Drive (PLN2016-73/154) 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 1. Approved Proiect: Approval is granted for Modification (PLN2016-73) to previously approved Planned Development Permits (PD84-02, PD84-05, and M92-11) to allow the exterior remodel of an existing building that is listed on the City's Historic Resource Inventory (George Hyde Co. Sunsweet Growers) as well as associated on- site and off-site improvements and a Tree Removal Permit (PLN2016-154) to allow the removal of protected tree(s). The project shall substantially conform to the Project Plans stamped as received by the Community Development Department on February 25, 2016, with the inclusion of the two page desk item provided at the July 26, 2016 Planning Commission meeting, except as may be modified by the Conditions of Approval specified herein. 2. Building Permit Submittal: The construction plans submitted for building permit review shall incorporate the following revisions/notes: a. Benches: The existing benches are to be noted with their wood to be replaced or repaired. Alternatively, the benches may be replaced with simple industrial benches complementary to the site renovations. Should the existing benches be removed, efforts should be demonstrated to donate the benches to other sites in the downtown. b. Trash Cans: Trash bins throughout the project site shall be replaced with trash duo (recycling/trash) or trash trio (recycling, compost, trash) bins. The design of the trash bins should be consistent with the design of the site renovations. c. Historic Plaques: The existing plaque (mounted to a rock in front of the Building I/J entry) shall be incorporated into the newly proposed entrance in that area. Other historic plaques and signs throughout the site shall be noted as. being moved to the lobby or front entries and surrounded with more modern framing. d. Trees: The landscape plans shall note the proposed location, species and installation of three (24-inch min.) box trees. The species of the trees shall not be Eucalyptus or a `Fruit Tree' as defined by the Campbell Municipal Code. Compliance with these requirements shall be subject to the review and approval of the Director of Community Development. 3. Environmental Recordation Fee: Within three calendar days of permit approval, a check in the amount of $2,260.25 made payable to the `Santa Clara County Clerk- Conditions of Approval - 300 & 307 Orchard City Drive Modification & Tree Removal Permit- PLN2016-73/154 Paoe 2 of 6 Recorder' shall be provided to City staff. This payment is required to record the environmental determination on the project. 4. Items Required Prior to Building Permit Issuance/Final: Prior to building permit issuance, a Master Sign Permit shall be submitted for review and consideration. Prior to building permit final, the Master Sign Permit application shall be deemed complete by the City. 5. Permit Expiration: The Modification (PLN2016-73) and Tree Removal Permit (PLN2016-154) approved herein shall be valid for two years from the date of final approval. The City Council will be the final approval authority for the purpose of this condition. Within this two year period an application for a building permit must be submitted. Failure to meet this deadline will result in the Modification and Tree Removal Permit being rendered void. 6. Previous Conditions of Approval: The previously approved Conditions of Approval provided in Planned Development Permits PD 84-02, PD8405 & M92-11 shall be void and shall permanently be superseded in their entirety by the Conditions of Approval specified herein. 7. Rehabilitation: All features dating to the complex's drying and canning eras should be rehabilitated wherever feasible. If any of these features are found to be deteriorated, careful repair is preferred treatment. If deterioration is severe enough so that the feature has failed, the replacement should match the original in design, color, texture, and materials. 8. Historic Plaque: The applicant shall submit plans for a historic plaque to be installed on either a monument or on a plaque in visible location on the property. The design, placement, and installation method of the plaque shall be to the satisfaction of the Community Development Director. 9. Brick: New brick, where added to the entry of Building J, shall be differentiated from the old/historic brick of the building (such as accentuating the reveal around the brick fagade entry) to the satisfaction of the Community Development Director. 10. Contractor -Unexpected Conditions: In the event that unexpected damage or historic features (e.g. signage, murals, historic openings or brickwork) are discovered during the construction process, the contractor shall stop work on the affected portion of the project and seek written authorization of the Community Development Director prior to proceeding. To obtain authorization, the contractor shall work with the project architect/applicant to evaluate options to restore the existing material to the extent feasible. Where the severity of deterioration requires replacement, the new feature will match the old in design, color, texture, and, where possible, materials. Replacement of missing features will be substantiated by documentary and physical evidence to the satisfaction of the Community Development Director. Conditions of Approval - 300 & 307 Orchard City Drive Modification & Tree Removal Permit - PLN2016-73/154 Page 3 of 6 11. Salvage: Where significant historic features cannot be restored in place, they shall be salvaged for use elsewhere on the site, donated to a historic agency, or used for interpretive display. Public Works Department 12. Response Letter: Upon submittal of the Street Improvement Plans, the applicant shall provide an itemized response letter verifying that all the Public Works Cgnditions of Approval have been met or addressed. 13. Proof of Ownership: Prior to issuance of any grading, drainage, or building permits for the site, the applicant shall provide a current Preliminary Title Report, grant deed, or other satisfactory proof of ownership. 14: Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding Stormwater pollution prevention. The primary objectives are to improve the quality and reduce the quantity of Stormwater runoff to the bay. Resources to achieve these objectives include Stormwater Best Management Practices Handbook for New Development and Redevelopment ("CA BMP Handbook") by the California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design.Guidance Manual for Stormwater Quality Protection ("Start at the Source") by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for Stormwater Quality: A Companion Document to Start at the Source ("Using Site Design Techniques') by BASMAA, 2003. 15. 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. 16. 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 installations. First Street and Orchard City overlaid in the last 5 years. The pavement street pavement shall be restored following utilities necessary for the project. boring and jacking for all new utility Drive have not been reconstructed or restoration plan shall indicate how the the installation or abandonment of all Conditions of Approval - 300 & 307 Orchard City Drive Modification & Tree Removal Permit - PLN2016-73/154 Paoe 4 of 6 17. Street Improvement Agreement /Plans /Encroachment Permit /Fees /Deposits: Prior to issuance of any grading or building permits far the site, the applicant shall execute a street improvement agreement, cause plans for public street improvements to be prepared by a registered civil engineer, pay various fees and deposits, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City Engineer. The plans shall include the following, unless otherwise approved by the City Engineer: a. Show location of all existing utilities within the existing public right of way. b. No new utility boxes, covers, etc. will be allowed in the sidewalk area. c. Removal of existing driveway approach on First Street and necessary sidewalk, curb and gutter. d. Removal of existing non-accessible compliant curb ramps along Orchard City Drive frontage. e. Installation of City standard accessible compliant driveway approach on First Street. f. Installation of two accessible complaint curb ramps at the easterly driveway along Orchard City Drive. g. Installation of an accessible compliant curb ramp at the intersection of Orchard City Drive and Central Avenue. The face of curb shall be pushed out to make the new ramp perpendicular to Orchard City Drive -the existing roadway transition should be moved east. h. Installation of traffic control, stripes and signs. i. Construction of conforms to existing public and private improvements, as necessary. j. Submit final plans in a digital format acceptable to the City. 18. 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 and pavement restoration installed and accepted by the City, and the design engineer shall submit as-built drawings to the City. 19. 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. 20. 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. Conditions of Approval _ 300 & 307 Orchard City Drive Modification & Tree Removal Permit - PLN2016-73/154 Paae 5 of 6 21. City Parking Garage: Any repainting of the railings for the adjacent First Street Parking Garage shall be coordinated through the Public Works Maintenance Section: Building Department 22. Permits Required: A building permit application shall be required for the proposed Renovations to the (e) 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 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. 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 Chapter 1, Section 106. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 29. 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 submittal. The specification sheet (size 24" X 36") is available at the Building Division service counter. 30. Title 24 Accessibilitv -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 Accessibilitv -Commercial: Based upon estimated valuation of this project, the building shall comply fully with Chapter 116 of the California Building Code 2013 ed. Conditions of Approval - 300 & 307 Orchard City Drive Modification & Tree Removal Permit - PLN2016-73/154 Paoe 6 of 6 32. Approvals Reouired: The project requires the following agency approval prior to issuance of the building permit: a. West Valley Sanitation District b. Santa Clara County Fire Department c. Santa Clara County Department of Environmental Health (Restaurant) d. San Jose Water Company (279-7900) 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. Santa Clara County Fire Department 34. 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 pertorming any work, the applicant shall make application to, and receive from, the Building Department all applicable construction permits. 35. Comment #2: Review of alternate exiting plan' and of proposed Knox Box locations will be required. 36. Comment #3: Approved subject to conditions noted herein.