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CC Resolution 12068RESOLUTION NO. 12068 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING OF A MASTER USE PERMIT (PLN2015-358) TO ALLOW THE CONSTRUCTION OF A 5- STORY 100,000 SQUARE-FOOT OFFICE BUILDING, FOUR RETAIL BUILDINGS CONSTITUTING 18,600 SQUARE-FEET, A 30,000 SQUARE-FOOT FITNESS FACILITY OR A 12,000 SQUARE-FOOT RETAIL/OFFICE BUILDING, EXPANSION OF THE EXISTING PARKING STRUCTURE (3 OR 5 STORIES), VARIOUS SITE IMPROVEMENTS, ALTERATIONS TO EXISTING BUILDINGS, ESTABLISHMENT OF A NEW LAND USE PROGRAM INCLUDING SPECIFYING PERMITTED AND CONDITIONAL USES, CONTINUED ALLOWANCE OF A SHARED PARKING PROGRAM, AND IMPLEMENTATION OF A TRANSPORTATION DEMAND MANAGEMENT PROGRAM (TDM) FOR THE PRUNEYARD SHOPPING CENTER AND OFFICES LOCATED AT 1875, 1887, 1901, 1919, 1995, & 1999 S. BASCOM AVENUE. After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. The City Council finds as follows with regard to File No. PLN2015-358: Environmental Finding An Initial Study has been prepared for the Pruneyard Shopping Center and Offices Expansion Project ("Proposed Project") which provides documentation for the factual basis for concluding that a Mitigated 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 The Pruneyard Shopping Center and Offices, a 27 acre multi-use property encompassing three professional office buildings, ahotel, amulti-building retail shopping center,, and amulti-level parking garage. The property is bounded by Bascom and Campbell Avenues to the east and south, Highway 17 to the west, and the Pruneridge Plaza Apartments and the Campisi Way terminus to the north. 2. The Project Site is within the C-2 (General Commercial) Zoning District and the C-2-O (General Commercial/Overlay) Combining Zoning District as depicted on the Campbell Zoning Map adopted pursuant to Campbell Municipal Code Section 21.040.030. 3. The Project Site is designated by the General Plan Land Use Diagram as General Commercial, which corresponds with the above referenced Zoning District designations. City Council Resolution Page 2 Approval of a Master Use Permit The Pruneyard Shopping Center and Offices Expansion Project 4. The Pruneyard Shopping Center and Offices Expansion Project ("Proposed Project") consists of the following components: Zoning Map Amendment (PLN2015-357): To amend the Campbell Zoning Map to rezone a portion of The Pruneyard from the C-2 (General Commercial) Zoning District to the C-2-O (General Commercial /Overlay) Combining Zoning District for a consistent zoning designation over the entire property. Master Use Permit (PLN2015-358): To allow the construction of a 100,000 square- foot (5-story) office building, four retail buildings constituting 18,600 square-feet, a 30,000 square-foot fitness facility or a 12,000 square-foot retail/office building, expansion of the existing parking structure (3 or 5 stories), various site improvements, alterations to existing buildings, establishment of a new land use program including specifying permitted and conditional uses, continued allowance of a shared parking program, and implementation of a transportation demand management program (TDM). • Tentative Vesting Parcel Map (PLN2015-77): To allow division of the property into three parcels. • Tree Removal Permit (PLN2015-335): To allow removal of on-site "protected" trees. • Master Sign Plan with a Freeway Oriented Sign (PLN2015-78): To allow a new comprehensive signage scheme including afreeway-oriented sign, an increase in sign area, height, and number. • Zoning Text Amendment (PLN2015-76): To revise various sections of the Campbell Zoning Code (Title 21 of the Campbell Municipal Code) to reference the land use program created by the Master Use Permit and to allow the signage proposed by the Master Sign Plan. 5. As noted above, the Master Use Permit is part of the overall Proposed Project and has been reviewed in conjunction with all other aspects of the Proposed Project. 6. The Master Use Permit is adopted pursuant to the provisions of the Overlay Combining Zoning District, which requires adoption of a Conditional Use Permit to create, establish, erect, construct, enlarge, place, or install any building, structure, or use. 7. Approval of a Zoning Code Amendment adopted by separate ordinance will amend the provisions of the Overlay Combining Zoning District to specify that the Conditional Use Permit for a regional commercial center shall be known as a "Master Use Permit". The proposed Master Use Permit will be consistent with the provisions of the Overlay Combining Zoning District with adoption of the aforementioned ordinance. 8. The Pruneyard Shopping Center and Offices meets the definition of a regional commercial center. 9. The entirety of Project Site will be within the Overlay Combining Zoning District with approval of a Zoning Map Amendment adopted by separate ordinance. Hpprovai or a iwasrer use rerma City Council Resolution Page 3 Approval of a Master Use Permit The Pruneyard Shopping Center and Offices Expansion Project 10.The Overlay Combining District is intended to provide modifications, additions and limitations to zoning districts to meet special conditions and situations concerning properties within such zoning districts that cannot otherwise be treated satisfactorily. 11.The multi-use nature of The Pruneyard Shopping Center and Offices, including a retail shopping center, a hotel, and three office buildings, its shared parking arrangement between the different uses, the incremental development over several decades, as well as the overall scale of the Project Site, constitute a special condition and situation. 12. By provision of a numeric maximum for liquor licenses with the Master Use Permit, it is affirmatively determined that there is not an overconcentration of alcohol service establishments or an undue proximity of off-site alcoholic sales establishments within The Pruneyard. 13. The City Council has considered traffic safety, traffic congestion, and site circulation, including the effect of the site development plan on traffic conditions on abutting streets, the layout of the site with respect to locations and dimensions of vehicular and pedestrian entrances, exit driveways and walkways, the arrangement and adequacy of off-street parking facilities to prevent traffic congestion, the location, arrangement and dimensions of truck loading and unloading facilities, the circulation patterns within the boundaries of the development; and the surfacing and lighting of off-street parking facilities. 14. The City Council has also considered landscaping improvements, including the the location, height and material of walls, fences, hedges, and screen plantings to insure harmony with adjacent development or to conceal storage areas, utility installations or other unsightly development, the planting of ground cover or other surfacing to prevent dust and erosion; and the unnecessary destruction of existing healthy trees. 15.The City Council has also considered the building and site layout, including thee general silhouette and mass of buildings, including location on the site, elevations and relation to natural plant coverage, all in relationship to the neighborhood, the exterior design of buildings in relation to adjoining structures in height, bulk, and area openings, breaks in the facade facing on the street, line and pitch of roof, and arrangement of structures on the parcel, and special conditions and situations concerning the property and the adjoining properties. 16. Consideration of the above referenced matters includes the preparation and conclusions of professional reports prepared for the Proposed Project, including a Traffic Impact Analysis (TIA), a Site Plan Evaluation (within the TIA), a Parking Demand and Supply Analysis (peer-reviewed by the TIA consultant), and a report by the City's Architectural Advisor. 17.Consideration of the above referenced matters also reflects an understanding that the parking within the Project Site operates under a shared parking scheme that accounts for daily variability among differing land uses. As demonstrated by the Parking Demand and Supply Analysis and as confirmed by the Traffic Impact Analysis, the Project Site will be adequately parked. City Council Resolution Page 4 Approval of a Master Use Permit The Pruneyard Shopping Center and Offices Expansion Project 18. Properties within the Overlay Combining Zoning District are not subject to the City's standard parking requirements due to the special conditions and situations; therefore, a Parking Modification Permit is not necessary 19.The approval duration of the Master Use Permit is consistent with the Campbell Municipal Code that allows the City to establish expiration dates within a permit or project approval. 20.The Master Use Permit, specifically including its land use program, is consistent with purpose and intent the General Commercial Land Use Designation. 21.The Master Use Permit is consistent with General Plan goal, policies, and strategies for the Pruneyard/Creekside, listed below, by substantially improving the aesthetic character and pedestrian-orientation of The Pruneyard, strengthening the center's linkage to Downtown Campbell, enhancing the connection to the Los Gatos Creek Trail, activating the southwest corner adjacent to the new "portals" opening with the new office and retail buildings, taking advantage of development capacities within an appropriately designated part of the City, sharing parking facilities amongst different uses, and maintaining consistency with the adopted land use maximums. Goal LUT-14: The Pruneyard) Creekside Area as an active, connected "urban village" with a mixture of commercial, office, residential, entertainment and recreational uses functioning as a community and regional focal point. Policy LUT-14.1: Area Plan: Develop an Area Plan for the Pruneyard /Creekside Commercial District. Policy LUT-14.2: Development Intensities: Allow higher development intensities within the Pruneyard /Creekside area. Strategy LUT-14.2a: Maximum Heipht: Allow new buildings and redeveloped buildings to develop at the maximum height in the Pruneyard/Creekside Area, subject to traffic and environmental constraints. Strategy LUT-14.2b: Floor Area Ratio (FAR): Allow a maximum FAR of 2.0 for new development or redevelopment within the Pruneyard/Creekside Area. Policy LUT-14.3: Physically Connected: Encourage new development in the Pruneyard/Creekside Area that is physically connected to existing development and oriented towards the creek trail with appropriate setbacks, and that provides logical connections and access to the creek trail. Strategy LUT-14.3d: Links to Los Gatos Creek: Ensure that new development provides visual and pedestrian linkages with Los Gatos Creek. Strategy LUT-14.4a: Floor Area Ratio: Allow sites of greater than 3 acres to maximize densities of up to 2.0 FAR for non-residential uses and up to a maximum residential density of 27 units per grass acre. Project densities on parcels of smaller size will be reduced on a sliding scale as indicated below: Minimum Acres Maximum Allowable Density FAR Range Up to .99 .30 Up to 8 du/acre 1.0 to 1.99 .50 8 to 16 2.0 to 2.99 1.0 8 to 21 City Council Resolution Page 5 Approval of a Master Use Permit The Pruneyard Shopping Center and Offices Expansion Project 3.0 and above 2.0 8 to 27 Strategy LUT-14.4d: Parking Facilities: Joint use of parking facilities may be utilized with mixed-use development formats on larger parcels. Policy LUT-14.5: Building Orientation: Orient buildings toward public streets. New buildings on corner lots should frame the intersection through the use of reduced setbacks where necessary for access, facades that incorporate prominent entries, windows, design details and landscaping. Strategy LUT-14.5b: Non-residential Entries: Orient entries of non-residential developments toward the public street and provide street-level windows and glass front display bays for all street-level office and retail. Strategy LUT-14.5c: Parking Lots: Encourage parking lots at the side of or rear of, or below buildings. Parking lots are strongly discouraged between buildings and the sidewalk. Strategy LUT-14.6b: Ground Floor Retail Uses: Ensure ground floor retail uses on Bascom and Hamilton Avenues, with vibrant street level elevations. Strategy LUT-14.6c: Decorative Features: Development projects should incorporate decorative features including plazas that incorporate amenities such as public art, special paving, tile, and fountains. 22.The Master Use Permit is also consistent with the following General Plan strategies and policies with regards to the appropriate type, intensity, and location of development, provision of transportation features and programs, suitable pedestrian and bicycle access and amenities, safe and efficient site layout, creative and high quality architectural design, pedestrian-oriented urban form, maintaining a balanced mix of uses, implementation of public improvements, and provision of a variety of uses within the community. Strategy LUT-1.5a: Transit-Oriented Development: Encourage transit-oriented development including employment centers such as office and research and development facilities and the city's highest density residential projects by coordinating the location, intensity, and mix of land uses with transportation resources, such as Light Rail. Strategy LUT-1.5d: Higher Floor Area Ratios (FARsI: Develop provisions for allowing higher FARs in new projects that provide a mix of uses, maintain ajobs/housing balance or are located within proximity to Light Rail. Strategy LUT-1.5f: Transportation Impact Mitigation: development that impacts the transportation system. Evaluate the establishment of a Complete Streets Impact fee policy to be imposed on new development and applied toward improving the City's multimodal transportation system. Strategy LUT-2.1c: Bicycle Facilities: Require adequate and secure bicycle facilities at employment centers, activity centers, and residential projects. Strategy LUT-2.1k: Private Development: Developers will be required to make public improvements related to their project to improve and enhance bicycle, pedestrian and transit opportunities consistent with City policy. Strategy LUT-2.1q: Transportation Demand Management (TDM1: For new employment centers require TDM site design measures including carpool and van pool parking, bicycle storage, and discounted public transit programs. Strategy LUT-2.3a: Intersection Level of Service: To the extent possible, maintain level of service (LOS) on designated intersections consistent with the Santa Clara County Congestion Management Plan. Approval of a Master Use Permit City Council Resolution Approval of a Master Use Permit The Pruneyard Shopping Center and Offices Expansion Project Policy LUT-2.4: Jobs and Housing Balance: Maintain Campbell's balance of jobs and housing units to encourage residents to work in Campbell, and to limit the impact on the regional transportation system. Strategy LUT-2.4a: Full Range of Land Uses: Provide for a full range of land uses within the City, and for mixed-uses within specific development projects 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-5.3b: Minimal Setbacks: Design commercial and office buildings city-wide to have minimal setbacks from the sidewalk except to allow for pedestrian oriented features such as plazas, recessed entryways, and wider sidewalks for outdoor cafes. Discourage parking areas between the public right-of way and the front fagade of the building. Strategy LUT-5.3c: Revitalization of Shooping Centers: Encourage the maintenance and revitalization of commercial shopping centers. Strategy LUT-5.3d: Commercial Centers: Review the design, use and upgrading of commercial centers via the discretionary permit process, and ensure that conditions of approval are adopted that require businesses to be well kept and operated in a way that limit impacts to adjacent uses. Strategy LUT-7.2n: Consistency with Plans: Ensure that new development and substantial remodeling projects are consistent with Specific Plans, Area Plans, City Standard Details and adopted Streetscape Standards to create cohesive design. Strategy LUT-g.1c: Land Use Objectives and Redevelopment Plans: Permit only those uses that are compatible with land use objectives and redevelopment plans. Policy LUT-g.3: Design and Planning Compatibility: Promote high quality, creative design and site planning that is compatible with surrounding development, public spaces and natural resources. Strategy LUT-g.3d: Building Design: Design buildings to revitalize streets and public spaces by orienting the building to the street, including human scale details and massing that engages the pedestrian. Strategy LUT-g.3e: Building Materials: Encourage the use of long-lasting, high quality building materials on all buildings to ensure the long-term quality of the built environment. Strategy LUT-g.3f: Development Orientation: Orient new development toward public and private amenities or open space, in particular: Orient high activity areas such as outdoor dining areas and plazas, and major pedestrian routes toward the amenity or open space. Strategy LUT-9.3g: Pedestrian Amenities: Incorporate pedestrian amenities such as plazas, landscaped areas with seating, pedestrian walkways into new developments. Strategy LUT-9.3i: Master Plan of Phased Sites: Ensure developers of phased multi-building complexes provide a master plan demonstrating how the entire site will be developed. Strategy LUT-10.2a: Streetscape Standards: Implement Streetscape Standards with landscaped boulevard treatment on arterial streets, and implement the installation of street trees per the Standard Street Improvements. Strategy LUT-11.1 d: Bicycle and Pedestrian Connections in Development: Encourage new or redeveloping projects to provide logical bicycle and pedestrian connections on site, between parking areas, buildings, and street sidewalks and to existing or planned public right-of-way facilities and encourage pedestrian passages Page 6 City Council Resolution Page 7 Approval of a Master Use Permit The Pruneyard Shopping Center and Offices Expansion Project between street-front sidewalks and rear-lot parking areas. Ensure that the bicycle and pedestrian connections interface safely. Policy LUT-11.2: Services Within Walking Distance: Encourage neighborhood services within walking distance of residential uses. Strategy LUT-12.1c: Parking Lot Design: Design parking lots to minimize impacts on the street system by providing adequate sized driveways, sufficient queuing and efficient circulation. Strategy LUT-13.1: Variety of Uses: Attract and maintain a variety of uses that create an economic balance within the City while maintaining a balance with other community land use needs, such as housing and open space, and while providing high quality services to the community. Strategy LUT-13.1 c: Fiscal Effects of Land Use: Evaluate the fiscal effects of different land uses on City revenues and services. 23. The design of the proposed 5-story, 75-foot tall office building was reviewed in terms of its consistency with General Plan Strategy LUT-14.6, which specifically notes that building heights should be reduced towards the adjacent streets, with taller buildings located within the interior of the Pruneyard/Creekside area. As recommended by the Planning Commission, the City Council determined that the Option 1 office building, when incorporating the ground and top floor step-backs of the Option 2 building, would achieve consistency with the Strategy. The required redesign of the building would need to follow this design direction to minimize its massing and building height as perceived from Campbell Avenue. Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1. The uses (permitted and conditional) allowed by the Master Use Permit are allowed within the C-2 General Commercial Zoning District, and comply with all other applicable provisions of this Zoning Code and the Campbell Municipal Code; 2. The Master Use Permit is consistent with the General Plan; 3. The Project 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; 4. The Project Site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic the use would be expected to generate; 5. The design, location, size, and operating characteristics of the development approved by the Master Use Permit are compatible with the existing and future land uses on-site and in the vicinity of the subject property; 6. The establishment, maintenance, or operation of the Master Use Permit on the Project Site 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; City Council Resolution Page 8 Approval of a Master Use Permit The Pruneyard Shopping Center and Offices Expansion Project 7. The Master Use Permit will aid in the harmonious development of the immediate area; 8. The Master Use Permit is consistent with applicable adopted design guidelines; 9. The Master Use Permit will not result in an over concentration of liquor establishments uses in the surrounding area; 10.The Master Use Permit will not create a nuisance due to litter, noise, traffic, vandalism, or other factors; 11.The Master Use Permit will not significantly disturb the peace and enjoyment of the nearby residential neighborhood; and 12.The Master Use Permit will not significantly increase the demand on city services. THEREFORE, BE IT RESOLVED that the City Council approves a Master Use Permit (PLN2015-358), included in attached Exhibit B, allow the construction of a five-story 100,000 square-foot office building, four retail buildings constituting 18,600 square-feet, a 30,000 square-foot fitness facility or a 12,000 square-foot retail/office building, expansion of the existing parking structure (3 or 5 stories), various site improvements, alterations to existing buildings, establishment of a new land use program including specifying permitted and conditional uses, continued allowance of a shared parking program, and implementation of a transportation demand management program (TDM), for The Pruneyard Shopping Center and Offices, located at 1875, 1887, 1901, 1919, 1995, & 1999 S. Bascom Avenue, subject to the attached Conditions of Approval (attached Exhibit A). PASSED AND ADOPTED this 18th day of October, 2016, by the following roll call vote: AYES: COUNCILMEMBERS: Kotowski, Resnikoff, Gibbons, Baker NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cristina ABSTAIN: COUNCILMEMBERS: None APPROVED: `T ~ °-+~ ~_ G~- Jas n T. Baker, Mayor ATTEST: Wendy ood, City Clerk EXHIBIT A CONDITIONS OF APPROVAL Master Use Permit (PLN2015-358) 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 1. Approval of Master Use Permit: Approval is granted for a Master Use Permit (PLN2015-358) to allow the construction of a five-story 100,000 square-foot office building, four retail buildings constituting 18,600 square-feet, a 30,000 square-foot fitness facility or a 12,000 square-foot retail/office building, expansion of the existing parking structure (3 or 5 stories), various site improvements, alterations to existing buildings, establishment of a new land use program including specifying permitted and conditional uses, continued allowance of a shared parking program', and implementation of a transportation demand management program (TDM) for The Pruneyard Shopping Center and Offices located at 1875, 1887, 1901, 1919, 1995, 8~ 1999 S. Bascom Avenue. 2. Approved Development Plans. The Master Use Permit incorporates by reference and inclusion as Appendix A, those Development Plans dated as received by the City of Campbell Planning Department on April 29, 2016, consisting of architectural and landscape drawings prepared by Lowney Architecture and civil drawings prepared by HMH. The project shall substantially conform to the Approved Development Plans, which illustrate the construction of new structures, architectural alterations to existing structures, reconfiguration of the site layout, and hardscape and landscaping improvements, as authorized by the Master Use Permit, except as required by Condition of Approval No. 7. 3. Conformance with Master Use Permit: The Master Use Permit shall be the principal land use instrument which governs the use of all land within The Pruneyard Shopping Center and Offices and by which all approved structures shall be constructed, all existing structures shall be improved, and how the properties shall be maintained subject to the applicable standards and provisions of the Master Use Permit. 4. Approval Effectiveness: Approval of the Master Use Permit shall not be effective until Ordinance No. 2212 and 2213 are effective (30 days following passage and adoption). 5. Establishment of the Master Use Permit: The Master Use Permit shall be "established" upon issuance of a building permit for Phase 1 (A/B) in compliance with Campbell Municipal Code Section 21.56.030.6.1 (Issuance of Building Permit), at which time the Master Use Permit shall be controlling. Conditions of Approval The Prunevard Master Use Permit Page 2 6. Approval Duration/Phasing: Development approved by the Master Use Permit may commence according to the pre-approved phasing and duration periods as specified by the Master Use Permit. Extensions to the approvallphasing periods shall be processed as an Amendment to the Master Use Permit. 7. Redesign of Office Building: Prior to issuance of a building permit for the approved five-story 100,000 square-foot office building '01' and no later than December 1, 2025, the applicant shall submit architectural and site improvement drawings depicting a revised building design based on Option 1, with a more articulated facade and stepped massing. The drawings shall be reviewed as an 'Architectural Modification,' which the Community Development Director shall forward to the Site and Architectural Review Committee and Planning Commission for consideration and decision. 8. Master Sign Plan: As approved by separate action, the "final" Master Sign Plan is hereby incorporated by reference into the Pruneyard Master Use Permit by inclusion as Appendix B. Review and approval of signs shall be in compliance with the provisions of the Master Use Permit. 9. Administrative Procedures: Decisions on Architectural Modifications and Conditional Use Authorizations shall be made in compliance with the procedures prescribed by Campbell Municipal Code Chapter 21.71 (Administrative Decision Process). 10. Emergencv Communications Antennas: Within 90 days following recordation of the Parcel Map, the property owner shall prepare and record an easement or comparable instrument, to the reasonable satisfaction of the City Attorney, providing to the City of Campbell and Santa Clara County rights and privileges to a portion of the rooftop and/or top floor of Pruneyard Tower I, in a location at the discretion of the property owner, for purposes of maintaining emergency communications antennas (of similar size to the existing equipment), provided that such easement shall terminate if the emergency communication equipment is not in operation for 90 consecutive days or more (except for to a casualty event or event of force majeure) or if such use is otherwise terminated. The easement would be subject the pre- existing rights of others in the easement area and the use of the easement area would be subject to a lease based on market-rate terms. 11. Caltrans Right-of-Way Improvements: For a period equal to the Approval Duration of the project, the property owner shall make a continuous good faith effort to secure an agreement with the California Department of Transportation (Caltrans) to construct, at a reasonable cost to be paid solely by property owner, a public pathway designed consistent with the California Highway Design Manual, within the Caltrans right-of-way parallel with Highway 17, connecting the Los Gatos Creek trail spur,at the southwest corner of The Pruneyard parking structure, to the northeast Campbell Avenue "portals" opening. Additionally, prior to submittal for an 'Architectural Modification' for redesign of the office building (Phase 4), the property owner shall also make a good faith effort to secure an agreement to construct a public plaza, consistent with the Approved Development Plans, within the Caltrans right-of-way located adjacent to the southwest corner of The Pruneyard property, construction of Conditions of Approval The Prunevard Master Use Permit Page 3 which shall only be required as part of Phase 4 of the project. In the event that good faith efforts are made by the property owner, to the reasonable satisfaction of the City of Campbell Community Development Director, and Caltrans remains unwilling to grant either or both these agreements, this Condition of Approval shall be deemed satisfied. The property owner shall provide quarterly status reports on its efforts to secure an agreement with Caltrans. 12. Public Art: The project shall incorporate public art installations within the Main Plaza and within the office building plaza as referenced by Condition of Approval No. 11, above. The design of the public art installation within the office building plaza shall only be required as part of Phase 4, and shall be reviewed by the Campbell Civic Improvement Commission. 13. Public Improvement Requirements: Approval of the Master Use Permit incorporates by reference all Conditions of Approval of the associated Vesting Tentative Parcel Map. 14. Planning Mitigation Monitoring Fee: Prior to issuance of a building permit for Phase 1 A/B, the applicant shall pay a $5,000 Mitigation Monitoring Fee to ensure compliance with the mitigation monitoring. 15. Mitigation Measures: The approved project shall incorporate all Mitigation Measures identified in the Mitigated Negative Declaration, as restated below for reference: • Mitigation Measure AES-1: Prior to submittal of a building permit for the parking garage expansion, the applicant shall submit a photometric analysis prepared by a qualified professional that analyzes stationary and mobile (vehicular) light sources from within the expanded garage onto the adjacent residential property. The analysis shall provide design recommendations as necessary to ensure that new light emissions comply with the City's Lighting Design Standards (CMC Sec. 21.18.090). The construction drawings for the parking garage shall incorporate the design recommendations of the photometric analysis. • Mitigation Measure AQ-1: BAAQMD Basic Dust Control Measures. The construction contractor shall reduce construction-related air pollutant emissions by implementing BAAQMD's basic fugitive dust control measures, including: • All exposed surtaces (e.g., unpaved parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. • All haul trucks transporting soil, sand, or other loose material off site shall be covered. • All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. • All vehicle speeds on unpaved roads shall be limited to 15 miles per hour. I ne F'runeyard Master Use rermlt Conditions of Approval Page 4 The Pruneyard Master Use Permit • All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. • A publically visible sign shall be posted with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action with 48 hours. The Air District's phone number shall also be visible to ensure compliance with applicable regulations. • Mitigation Measure AQ-2: BAAQMD Basic Exhaust Emissions Reduction Measures. The construction contractor shall implement the following measures during construction to reduce construction-related exhaust emissions: • Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations). Clear signage shall be provided for construction workers at all access points. • All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All. equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. • Mitigation Measure AQ-3: Implement BAAQMD Enhanced Exhaust Emissions Reduction Measures. The construction contractor shall implement the following measures during construction to further reduce construction-related exhaust emissions: • All off-road equipment greater than 25 horsepower (hp) and operating for more than 20 total hours over the entire duration of construction activities shall meet the following requirements: o Where access to alternative sources of power are available, portable diesel engines shall be prohibited; and o All off-road equipment shall have: • Engines that meet or exceed either USEPA or CARB Tier 2 off-road emission standards, and • Engines that are retrofitted with a CARB Level 3 Verified Diesel Emissions Control Strategy (VDECS). Acceptable options for reducing emissions include the use of late model engines, low- , emission diesel products, alternative fuels, engine retrofit technology, after-treatment products, add-on devices such as particulate filters, and/or other options as such are available. • Mitigation Measure 810-1: If tree removal or ground disturbance activities are scheduled to commence during the breeding season (February 1st through August 31st), apre-construction nesting bird survey shall be conducted by a qualified biologist to identify possible nesting activity of protected or special- Conditions of Approval The Prunevard Master Use Permit Page 5 status birds within 15 days prior to such activities. If nesting activity is identified during the survey, aconstruction-free buffer of suitable dimensions must be established around any active raptor and migratory bird nest (up to 250 feet, depending on the location and species) for the duration of the project, or until it has been determined that the chicks have fledged and are foraging independently from their parents. • Mitigation Measure BIO-2: All trees to be removed shall be replaced as noted by the following table. The required replacement trees, of species to be approved by the Community Development Director, shall be specifically indicated on the final landscaping plan submitted in association with site improvement drawings: Trunk Size of Removed Tree measured at 4 feet above rade Replacement Ratio Required (er tree removed) Diameter (in inches) Number of re lacement trees Minimum Size Less than 12 1 5-gallon 12 to 24 1 24 inch box greater than 24 1 36 inch box • Mitigation Measure CUL-1: If archaeological or paleontological resources are encountered during excavation or construction, construction personnel shall be instructed to immediately suspend all activity in the immediate vicinity of the suspected resources and the City and a licensed archeologist or paleontologist shall be contacted to evaluate the situation. A licensed archeologist or paleontologist shall be retained to inspect the discovery and make any necessary recommendations to evaluate the find under current CEQA guidelines prior to the submittal of a resource mitigation plan and monitoring program to the City for review and approval prior to the continuation of any on-site construction activity. • Mitigation Measure CUL-2: In the event a human burial or skeletal element is identified during excavation or construction, work in that location shall stop immediately until the find can be properly treated. The City and the Santa Clara County Coroner's office shall be notified. If deemed prehistoric, the Coroner's office would notify the Native American Heritage Commission who would identify a "Most Likely Descendant (MLD)." The archeological consultant and MLD, in conjunction with the project sponsor, shall formulate an appropriate treatment plan for the find, which might include, but not be limited to, respectful scientific recording and removal, being left in place, removal and reburial on site, or elsewhere. Associated grave goods are to be treated in the same manner. • Mitigation Measure GEO-1: Applications for a building permit shall include a geotechnical report prepared by a licensed engineer specializing in soils mechanics containing foundation and retaining wall design recommendations, to the satisfaction of the Building Official. Conditions of Approval The Prunevard Master Use Permit Page 6 • Mitigation Measure HWQ-1: The construction contractor shall implement the best management practices of the Santa Clara Valley Nonpoint Source Pollution Control Program, "Blueprint for a Clean Bay". • Mitigation Measure NOISE-1: Prior to submittal of a building permit for the garage expansion, the applicant shall have an environmental noise assessment study prepared to analyze how potential sound generation from the expanded garage may affect the adjoining residential property. If the study indicates that the new sound generated by the garage expansion will increase noise exposure to the apartment building beyond both existing levels and the Campbell Residential (Stationary) Noise Standard (CMC Sec. 21.16.070.E.1), the study shall also provide recommended design and/or operational measures as necessary to reduce the noise exposure to current levels or the Campbell Residential (Stationary) Noise Standard, whichever is greater. These measures shall then be incorporated into the final design and operation of the garage expansion. Mitigation Measure NOISE-2: All construction activity shall adhere to the following standards: • Construction activity shall occur during the prescribed hours and subject to the standards set forth by Campbell Municipal Code Sec. 18.04.052 (Hours of Construction -Time and Noise Limitations). • All construction equipment with internal combustion engines used on the project site shall be properly muffled and maintained in good working condition. • Unnecessary idling of internal combustion engines shall be strictly prohibited • 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. • 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 so that the contractor can be made aware of noise complaints. • Mitigation Measure NOISE-3: Construction equipment, vehicles, and workers associated with the development of the project shall not be permitted to park on any residential street. Prior to issuance of a building permit, the applicant shall prepare a construction staging plan indicating the placement of materials and vehicles on the project site. EXHIBIT B PLACEHOL®ER FASTER IJSE PER IT { T E PRA EYAR MASTER USE PERMIT ~ THE PRU[VEYARD Adopted on October 18, 2016 City Council Resolution No. 12068 OF CAM A !: .' -• F. u ~ ;.. r_ c - .... ~ o x ;e -_. _- °wceano_•, Corer PGao, Ciro afC'mrrpGell, 20N TABLE ®F C®iVTENTS I. I'ntroduction .............................................................................. ...................................................................1 A. History ....................................................................................... ......................................................................1 B. Existing Conditions .................................................................... ......................................................................1 C. Land Use Policy ......................................................................... .......................................................................2 D. Purpose .................................................................................... .......................................................................2 E. Vision and Goals ....................................................................... .......................................................................3 F. Master Use Permit Contents .................................................... .......................................................................3 II. Administration ........................................................................... ...................................................................4 A. Approval of Master Use Permit ................................................ .......................................................................4 B. Establishment of Master Use Permit ........................................ .......................................................................4 C. Acceptance of Master Use Permit ............................................ .......................................................................4 D. Approved Phasing ..................................................................... .......................................................................4 E. Property Subdivision ................................................................ .......................................................................6 F. Previous Land Use Permits ....................................................... .......................................................................6 G. Amendments ............................................................................ .......................................................................6 H. Administrative Authority .......................................................... ...........:...........................................................7 I. Zoning Clearances .................................................................... .......................................................................7 J. Minor Changes ......................................................................... .......................................................................7 K. Appeals ..................................................................................... .......................................................................7 L. Interpretations of Provisions .................................................... .......................................................................7 M. Relationship to the Zoning Code .............................................. .......................................................................7 N. Additional Permits .................................................................... .......................................................................7 0. Owner's Responsibility ............................................................. .......................................................................8 P. Enforcement ............................................................................. .......................................................................8 Q. Custodianship ........................................................................... .......................................................................9 R. Indemnity ................................................................................. .......................................................................9 5. Severability ............................................................................... .......................................................................9 III. Development Controls ............................................................... ................................................................. 10 A. Conformance to Development Plans ....................................... .....................................................................10 B. Approved Building Areas .......................................................... .....................................................................10 C. Architectural Modifications ...................................................... .....................................................................11 IV. Land Use Controls ...................................................................... ................................................................. 12 A. Establishment of Land Use Program ........................................ .....................................................................12 B. Land Use Maximums ................................................................ .....................................................................12 C. Alcohol License Maximums ...................................................... .....................................................................13 Master Use Permit i The Pruneyard TABLE OF CONTENTS D. Land Uses Allowed ................................................................................. .......................................................14 E. Permitted Use Approval ........................................:................................ ...........:...........................................16 F. Conditional Use Authorization ............................................................... .......................................................17 G. . Authorized Conditional Uses .................................................................. .......................................................17. H. Conditional Use Standards ..................................................................... .......................................................19 I. General Performance Standards ............................................................ .......................................................24 1. Uses Not Specified .................................................................................. .......................................................25 K. Non-Conforming Land Uses .................................................................... .......................................................25 V. Design Guidelines ................................................................................... ....................................................26 A. Architectural Character .......................................................................... .......................................................26 B. Outdoor Dining Guidelines ..................................................................... .......................................................27 C. Storefront Displays ................................................................................. .......................................................29 D. Outdoor Merchandise Display ................................................................ .......................................................29 E. General Site Materials and Elements ..................................................... .......................................................30 F. Utility Equipment ................................................................................... .......................................................32 G. Signage ................................................................................................... .......................................................32 H. Approved Typical Storefronts ................................................................. .......................................................33 I. Landscaping ............................................................................................ .......................................................35 VI. Operational Standards ............................................................................ .................................................... 36 A. Parking Management .............................................................................. ......................................................36 B. Transportation Demand Management (TDM) Plan ................................. ......................................................38 C. Trip Monitoring ....................................................................................... ......................................................41 D. Security .................................................................................................... ......................................................42 E. Special Events .......................................................................................... ......................................................42 F. Property Maintenance ............................................................................ ......................................................43 G. Refuse Enclosures .................................................................................... ......................................................43 VII. Definitians .......................................................................................... ...........................................:....... 44 A. Purpose and Applicability ........................................................................ ......................................................44 B. Definitions of Terms ................................................................................ ......................................................44 Appe ndices ....................................................................................................... ................................................... 45 A. Approved Development Plans ................................................................. .......................................................... B. Approved Master sign Plan ..................................................................... .......................................................... C. Center Declaration .................................................................................. .......................................................... D. List of Previous Entitlements ................................................................... .......................................................... E. Tenant Map ............................................................................................. .......................................................... F. Special Event Closure Plans ..................................................................... .......................................................... Master Use Permit ii The Pruneyard ACKN®UVLE®GIO/IENi'S CITY OF CAMPBELL City Council Jason Baker, Mayor Elizabeth Gibbons, Vice Mayor Michael Kotowski Jeffrey Cristina Paul Resnikoff Planning Commission Cynthia Dodd, Chair Yvonne Kendall, Vice Chair Donald Young Phillip Reynolds Ronald Bonhagen Michael Rich JoElle Hernandez City Staff Mark Linder, City Manager Paul Kermoyan, Community Development Director Todd Capurso, Public Works Director Amy Olay, City Engineer Matthew Jue, Traffic Engineer Daniel Fama, Senior Planner Roger Storz, Senior Engineer Doris Quai Hoi, Assistant Engineer DEVELOPMENT TEAM Jim Ellis, Ellis Partners Dean Rubinson, Ellis Partners Leigh Prince, Jorgenson, Siegel, McClure & Flegel Sam Macgeehan, Lowney Architecture. Sarah Peters, Fehr & Peers Zeferino Jimenez, HMH CONSULTANTS Dan Takacs, Hatch Mott MacDonald Marvin Bamburg, MBA Architects Susan O'Brien, O'Brien Code Consulting "` ,~~' Source:lmogei oJAmerica-Campbell, Karen Brey Master Use Permit iii The Pruneyard ®®CUMENT HIST®RY As authorized by the City Council and pursuant to the procedures prescribed herein by the Master Use Permit, the Community Development Director has the administrative authority to approve new or expanded conditional uses ("Conditional Use Authorization") and limited exterior building alterations, and additions ("Architectural Modifications"). The City Council has the authority to approve significant changes ("Amendments") to allow additional development and/or new land uses not otherwise allowed by the Master Use Permit and to extend the approved project duration and phasing. To maintain a true and correct record of the Master Use Permit, these actions shall be recorded in the 'Amendments and Administrative Authorizations' table, below. The Community Development Director shall also update the appropriate table(s) within Master Use Permit following a Conditional Use Authorization. These include Table IV-4 (Alcohol License Allotment) and Table IV-6 (Authorized Conditional Uses). Documents, plans, and other records that may be associated with a Conditional Use Authorization, Architectural Modification, or Amendment, shall be maintained as separate files associated with the file number recorded in the table. Additionally, the Community Development Director, acting as custodian of the Master Use Permit pursuant to the authority granted herein, shall keep the Master Use Permit current by updating allotted restaurant square-footage and alcohol licenses, as well as referenced business names and suite numbers upon change of tenancy. These revisions shall be recorded in the 'Custodial Revisions' table, below. These changes are limited to Tables IV-2 (Restaurant Area Allotment), Table IV-4 (Alcohol License Allotment), and Table IV-6 (Authorized Conditional Uses). Typographical corrections, formatting changes (paragraph spacing, pagination, etc.), and code citation revisions, need not be recorded. AMENDMENTS AND ADMINISTRATIVE AUTHORIZATIONS DATE ( ACTION TYPE DESCRIPTION AUTHORITY FILE NUMBER RESOLUTION NO. 1. 10/18/2016 MUP Approval Adoption City Council PLN2015-358 12068 2. ~ 3. 4. - 5. 6. 7. 8. 9. CUSTODIAL REVISIONS DATE I TYPE OF REVISION I DESCRIPTION OF REVISION I TABLE REVISED 1. 2. 3. 4. 5. 6. 7. 8. 9. Master Use Permit iv The Pruneyard i. i~vTR®®uc~a®~ A. HISTORY Originally an orchard of pears and prunes known as Brynteson Ranch, The Pruneyard Shopping Center and Offices (herein "The Pruneyard") was constructed in the late 1960's as an open-air shopping center in the Mission Revival style, characterized by arched openings, plaster wall construction, the roofs and shade arcades. The Pruneyard was considered the first "up-scale" shopping center in the West Valley, and was viewed as a showplace with its unique blend of architecture, vibrant landscaping and quality stores that brought shoppers from around the region. It also had the distinction of having the tallest office building between San Francisco and Los Angeles for a time and was the setting for the landmark United States Supreme Court case Pruneyard Shopping Center v. Robins that extended the right to free speech to private shopping centers under the California Constitution. A number of renovations have taken place since its inception almost SO years ago. In the late 1990's, a major change involved the removal of the internal pagoda courtyard that was surrounded by shops and fronted Bascom Avenue. The landscape grounds of the pagoda courtyard was replaced with additional parking, shops that fronted pedestrian sidewalks next to vehicle parking, and the introduction of an east- west driveway through the shops to improve internal vehicle circulation. The Owner, who purchased The Pruneyard in 2014, has proposed changes to improve and sustain The Pruneyard's economic vitality, including returning the courtyard to focus once again on the pedestrian experience, construction of new buildings that complement the existing built environment, addition of new pedestrian connections throughout the center to safely move people, and the placement of additional conveniently-placed parking. In this way, the Owner's proposed changes will reestablish The Pruneyard's preeminence in the West Valley. B. EXISTING CONDITIONS The Pruneyard is located on one legal parcel, despite being separated into several tax parcels. Within this one parcel, The Pruneyard is developed with three office buildings, a hotel, a retail shopping center, as well as shared parking facilities including surface stalls and amulti-level parking structure. As one parcel, The Pruneyard is currently under single ownership. Previous attempts to subdivide The Pruneyard have been met with skepticism by the City due to the potential for fragmented development. However, through adoption of a "Master Use Permit," and associated private operating covenants, the City now believes that division of I The Pruneyard into three legal parcels can be accomplished in a • manner that maintains and , enhances The Pruneyard. L• ;~:- ~_~ - .,. ,w ~_.J ~ I_ I 3' . ti -r r._ . ,U ( \I \ 1 ~: ~1~ ~~ r Y ~,I~ -~~ I ~1 ,: r _I Ioi r~ ~ L ~i~' u .. '~ i . Master Use Permit 1 The Pruneyard INTRODUCTION C. LAND USE POLICY The 2001 Campbell General Plan recognizes The Pruneyard as part of the broader "Pruneyard/Creekside Commercial District"-the area bound by Highway 17, Hamilton, Bascom, and Campbell Avenues (see map, right)-which is envisioned as an '.'active, connected 'urban village' with a mixture of commercial, office, residential, entertainment and recreational uses functioning as a community and regional focal point." The Pruneyard is the southern node of this area, providing shopping, dining, and entertainment opportunities, and a linkage to Downtown Campbell. The General Plan identifies the site as General Commercial, and provides applicable policies and strategies, below, which are intended to carry out the vision for this area over time. .• Large Retailers. Encourage large retailers to locate along Hamilton Avenue and Bascom Avenue by maintaining large parcels, encouraging lot consolidation, and discouraging parcel adjustments that reduce lot sizes. (LUT-13.2d) Shopping Center Preservation. Encourage the maintenance and revitalization of commercial shopping centers. (LUT-5.3c) ,- 1+, t~ ~~~ ~, ~ eBay~tne ®n 'r~,..~~.,, \~ r .... ~ ~;~ I ~ s a i~ ~ '~ 3/ i ~.w,,~.u:v fr~ g oawmwm / ~ - y Gverhe9 1~ ~ n... .att. G ,f c - Source: Berkshire Communities Variety of Commercial and Office Uses. Maintain a variety of attractive and convenient commercial and office uses that provide needed goods, services and entertainment. (LUT-5.3) - o Physically Connected Development. Encourage new development in The Pruneyard/Creekside Area that is physically connected to existing development and oriented towards the creek trail with appropriate setbacks, and that provides logical connections and access to the~creek trail. (LUT-14.3) .^ Development Intensities. Allow higher development intensities within The Pruneyard/Creekside area. (LUT-14.2) Parcel Consolidation. Encourage the consolidation of properties to obtain more logical building sites and coordinated development opportunities in the Pruneyard/Creekside Area.(LUT-14.4) D. PURPOSE In 2015, the Owner submitted a comprehensive development application for The Pruneyard, including proposed construction of several new retail buildings, afive-story office building, expansion of the existing parking garage, and reconfiguration of the site layout. As part of the overall project, the City encouraged preparation of a Master Use Permit that would consolidate all existing approvals into a single document, and establish the parameters for allowable retail, restaurant, service, and entertainment uses moving forward. As such, the purpose of the Master Use Permit is to serve as both the primary regulatory tool for The Pruneyard, and the "blueprint" for its anticipated build-out. Moreover, the Master Use Permit will be a "living document" in that the Community Development Director has the authority to issue administrative approvals that allow changes in conditional and permitted uses within the parameters identified herein, architectural refinements, and minor additions, all of which will be incorporated herein through the specific modifications as identified in the Document History (Pg. iv). This document represents a complete and comprehensive vision for The Pruneyard. Any significant changes, such as construction of new buildings not currently anticipated by the Master Use Permit, will therefore, require further consideration by the City Council. Master Use Permit 2 The Pruneyard INTRODUCTION E. VISION AND GOALS The Pruneyard is an established presence in Campbell, second only to the Downtown in significance and history to the community. Along with the City's approval of The Pruneyard expansion and improvement plans, the Master Use Permit is intended to maintain and reinforce The Pruneyard's role as a premier retail and employment destination. By creating a tailored land use plan, the Master Use Permit will encourage new land uses that will contribute to the "sense of place" envisioned by the City and the Owner. As a walkable and enticing destination, The Pruneyard will complement Downtown Campbell and serve as a "bookend" to the East Campbell Avenue corridor. The following are the goals for the Master Use Permit: Retain a shopping center that maintains consistency with the goals and policies of the General Plan; Promote a cohesive use of The Pruneyard including the retail shops, the hotel, the offices and all of the common spaces; o Provide clear land use allowances and development intensities that are in keeping with property limitations; .• Establish a sustainable and balanced mix of uses. Expedite land use entitlements through administrative decision-making processes for proposals thatare consistent with the Master Use Permit; Establish expectations of how the various uses (i.e., retail, office, hotel) are to be maintained regardless of the property ownership; .• Consolidate and/or replace all former Conditional Use Permits into one Master Use Permit to govern how The Pruneyard will be maintained; Establish a mutual understanding that any violation(s) of the Master Use Permit may result. in limitations of the Owner's use of The Pruneyard until such time that the violation(s) are resolved or in the initiation of modifcation/revocation proceedings. F. MASTER USE PERMIT CONTENTS The Master Use Permit is organized into the following Parts that follow this Introduction (Part I): Part II: Administration discusses the implementation framework for the Master Use Permit and the authority of the City. .• Part III: Development Controls provides the physical development standards for the approved expansion and improvement of The Pruneyard, and associated development maximums. Part IV: Land Use Controls includes the land use provisions for The Pruneyard which have been specifically tailored to further the Vision and Goals of the Master Use Permit. Part V: Design Guidelines contains the agreed upon design guidance that will embody the architectural character of The Pruneyard. .• Part VI: Operational Standards specifies the responsibilities of operating The Pruneyard in a manner consistent with the Master Use Permit Part VII: Definitions specifies the meaning of certain terms as used in the Master Use Permit. Master Use Permit 3 The Pruneyard II. A®IVIIIVISTR~-TI®N A. APPROVAL OF MASTER USE PERMIT This Master Use Permit is approved by City Council Resolution No. 12068 pursuant to the provisions of the 0 (Overlay) Overlay Zoning District, as amended by Ordinance No. 2213, and by Ordinance No. 2212, which extends the O (Overlay) Overlay Zoning District over the entirety of The Pruneyard. The Master Use Permit shall be the principal land use instrument which governs the use of all land within The Pruneyard and by which all approved structures shall be constructed, all existing structures shall be improved, and how the properties shall be maintained. The Master Use Permit incorporates by reference, and inclusion as APPENDIX A, [hose Development Plans dated as received by the City of Campbell Planning Department on April 29, 2016, consisting of architectural and landscape drawings prepared by Lowney Architecture and civil drawings prepared by HMH ("Approved Development Plans"), as revised by the Conditions of Approval. The Approved Development Plans allow for construction of neev structures, architectural alterations to existing structures, reconfiguration of the site layout, and hardscape and landscaping improvements, subject to the applicable standards and provisions ofthe Master Use Permit. The Master Use Permit also incorporates by reference, and inclusion as APPENDIX B, the "final" Master Sign Plan approved by City Council Resolution No. 12070, as revised by the Conditions of Approval, dated as received by the City of Campbell Planning Department on November 2, 2015, consisting of signage drawings and standards prepared by Lowney Architecture that allow for tenant, site, navigational, and freeway- oriented signage, subject to the applicable standards and provisions of the Master Use Permit. B. ESTABLISHMENT OF MASTER USE PERMIT The Master Use Permit shall be considered "established" upon issuance of a building permit for Phase 1 (A/B), as described in Section D (Approved Phasing), in compliance with Campbell Municipal Code Section 21.56.030.6.1 (Issuance of Building Permit), at which time the Master Use Permit shall be controlling on The Pruneyard. C. ACCEPTANCE OF MASTER USE PERMIT Prior to issuance of a building permit for work related to Phase 1 (A/B), the Owner shall provide written acceptance of the Master Use Permit, on a form to be provided by the Community Development Director, agreeing to be bound by, to comply with, and to do all things required of Owner, pursuant to all of the terms, provisions, and requirements of the Master Use Permit and the Campbell Municipal Code. The written acceptance of the Master Use Permit shall be recorded against the property which comprises The Pruneyard, in the Official Records of the County of Santa Clara. D. APPROVED PHASING The Master Use Permit outlines the long-term physical development of The Pruneyard. The approved buildings and site improvements may be constructed in phases as depicted on the Phasing Plan on the following page, and as allowed by Campbell Municipal Code Section 21.56.030.A.3.b (Pre-Approved Phases). Failure to construct all phases after the project has been established shall no[ void the Master Use Permit, which shall otherwise remain controlling on the property. However, if elements of the Master Use Permit are intended to apply only after completion of certain phases, and thatphase is not constructed, then those elements shall no longer apply. A request for an extension to the approved phasing deadlines shall be considered an Amendment to the Master Use Permit in compliance with Section G (Amendments). Master Use Permit 4 The Pruneyard ADMINISTRATION _ '~~- -rfi r I ~ A < '~ _. _ PNPSE 3 I r ~ r.. ~ i I r t r { I. I ~ I ~'' ~ + B ~_ ' LK ItA r . PRASE I PHASE to ,; ; r * r ;- ~ i r ~PHAEE 3,"•~~~ ~ .v I t t I ~ I~R ~ j tAt ~ t _~ 1 i ,i s t ' ~ ~ I; L ' ~ '~ ~ l - ,r fl , ,,y r" C i , I ... y$p ° i sl t H0.5E2 I t l wF.w:« _.~. _ J J...*._..«:a ._t4._I.. _.±j,_cs'ss.''.,"i The phasing of the project shall adhere to the following deadlines. By each deadline, a building permit(s) for the construction within the particular phase shall be obtained. 'PRASE 1!a' PHACE 1A ~-~_:~, P' nR u N p t 'fag 0Ng tlpa Y0 I 1 ae t - a pa mem hell t 6M1 Iota R hM peand paR ph ae PaoR C W. N lands p g swaIXS and 3^aga al pnmary Basmm entry, ~~ of wm^ PHASE2~ PHASE2 L__J C r d' !RS ^patl hWdngrvnd Pp 9-AMfi ~ all tivn v!vn ADA pl'ansae vanay rtlu entry oFO1 C mpbel. r~-', PHAEE3 PHASES I I•'---:y Con5WC4vn MR1 R2. R3. and3bvel pa~Xing atrvchva G1. Cma4w ofwesl glare x.N nuw sXe cimulallon. R3w:0 eillwr Caa 12.W3s1, lwv story aR¢Um3ll huil0ing ~]P~ w a 20,OWsl, 1w^abryflness mnlcr (SRj; Enhadmtl peaezvan mnnecnpn vom a*zang atom. .• Phase 1(A/B): One (1) Year from the Effective Date of Approval, by December 1, 2017 rW15'E, l PHASEa L--.~ c^^awabdnmotamootaar.saldndrc~m heia~ny won two avers ht beats par'na ana < Phase 2 and 3: Six (6) Years from the Effective Date of Approval, by December 1, 2022* ma addlbpn mtwp levaa pn ae cr pa~king mc[ure. AGAromplunsdtlvaway and appmacM1 at Campbell antl Union entry. .• Phase 4: Ten (10) Years from the Effective Date of Approval, by December 1, 2026 *Commencement and completion of Phase 2 (Building RS) is not a prerequisite to the commencement of Phase 3 or Phase 4. E. PROPERTY SUBDIVISION Subdivision of The Pruneyard into three parcels shall be completed pursuant to the approved Tentative Vesting Parcel Map (Sheet TM-1) approved by City Council Resolution No. 12069, consistent with all conditions of approval contained therein. In compliance with Campbell Municipal Code Section 21.56.030.A.3.b(2) the Parcel Map shall not be recorded until a building permit for work related to Phase 1 (A/B) has been issued and separation of the hotel, as required by the California Building Code, has been completed. Subdivision of The Pruneyard is also contingent upon establishment of a Declaration of Covenants, Restrictions and Parking Easements ("Pruneyard Declaration") providing for a Center Association (as defined in Part VII) which shall manage all property identified as 'Common Areas' on Sheet A1.16 (Common Area Diagram) of the Approved Development Plans (APPENDIX A) consisting of parking, landscaping, irrigation, lighting, pedestrian paths, etc., in a functional, clean, and well maintained manner. Prior to recordation of the Parcel Map, the Pruneyard Declaration shall be reviewed by the City Attorney and Community Development Director for consistency with the provisions and requirements of the Master Use Permit. The Pruneyard Declaration shall be considered a component of the Master Use Permit, herein included as APPENDIX C. All material revisions, amendments, or addendums to the Pruneyard Declaration shall require approval of the City Attorney and Community Development Director to verify consistency with the Master Use Permit. Master Use Permit 5 The Pruneyard ADMINISTRATION F. PREVIOUS LAND USE PERMITS To provide a clear regulatory framework for operationof The Pruneyard, upon permit establishment, pursuant to Section B (Establishment of Permit), the Master Use Permit shall supplant the previous land use approvals as described below: .• Site and Architectural Approvals. Entitlement approval for The Pruneyard's existing retail, hotel, and office structures is provided in various Site and Architectural Review Permit, "S" Site Permit, "M" Modification Permit, and "SDP" Special Development Permit approvals. These entitlements, as specifically listed in APPENDIX D, are herein incorporated by reference, and shall remain operative in their conveyance of a right [o reconstruct buildings of a certain size, height, and . placement, upon involuntary destruction by cause of natural calamity, or act of God or the public enemy. However, the use and operation, and the architectural appearance of the buildings-including, but not limited to Color, surfacing, and material detailing-shall be governed by the Master Use Permi[ and the Approved Development Plans (APPENDIX A). .• Conditional Use Permit Approvals. The Pruneyard center-wide Conditional Use Permit ("UP" 94-19) approved by City Council Resolution No. 8776, as well as all other exercised and active Conditional Use Permits issued for individual tenants previously approved by the Planning Commission, as also specifically listed in APPENDIX D, are herein superseded by the Master Use Permit, with all vested rights therein transferred and assigned to the Master Use Permit. All land uses shall comply with the provisions, standards, and requirements of the Master Use Permit, notwithstanding allowance for continuation of non-conforming land uses provided in Part IV, Section K (Non-Conforming Land Uses). G. AMENDMENTS Any request to allow a new building not included within the Approved Development Plans (APPENDIX A), a building addition and/or alteration beyond the scope permitted by Part III, Section C (Architectural Modifications), gland use not specifically permitted by Part IV, Section D (Land Uses Allowed), or any other proposal that the Community Development Director determines to constitute a "major change" as defined by Campbell Municipal Code Section 21.56.060. D. i, shall require an Amendment to the Master Use Permit pursuant to this section. .• Eligibility. An Amendment may be initiated by written request of the Center Association, or by an Owner or business operator with the written consent of the Center Association. > Content of Request and Filing fees. A written request for an Amendment shall state the specific change(s) requested and the purpose for the request. The filing fee for an Amendment shall be the same as that for a General Plan Amendment, as specified in the Schedule of Fees and Charges. .• Consideration Procedure. The City Council, upon recommendation of the Planning Commission, shall approve, conditionally approve, or deny a request for an Amendment, with respect to the considerations provided in Campbell Municipal Code Section 21.14.030.D (Consideration in Review of Applications) and the findings fora Conditional Use Permit provided in Campbell Municipal Code Section 21.46.040 (Findings and Decision) in compliance with the procedures prescribed by Campbell_Municipal Code Chapter 21.64 (Public Hearings). Master Use Permit 6 The Pruneyard ADMINISTRATION H. ADMINISTRATIVE AUTHORITY To expedite consideration of routine requests to~accommodate conditional-land uses and minor building alterations and expansions, while still maintaining the City's ability to apply appropriate restrictions or requirements, the Community Development Director shall be the decision-making authority for Site and Architectural Review Permit approval (herein referred to as an "Architectural Modification") pursuant to Part III, Section C (Architectural Modification) and Conditional Use Permit approval (herein referred to as "Conditional Use Authorization") pursuant to Part IV, Section F (Conditional Use Authorization), in compliance with the provisions of the Overlay/Combining Zoning District (Campbell Municipal Code Section 21.14.030). ZONING CLEARANCES The Community Development Director shall retain decision-making authority on ministerial actions through issuance of a Zoning Clearance incompliance with Campbell Municipal Code Chapter 21.40 (Zoning Clearances). J. MINOR CHANGES The Community Development Director may ministerially approve a "minor change," as defined by Campbell Municipal Code Section 21.56.060.A, for any existing or approved building, land use, or site improvement as part of a Zoning Clearance review of construction drawing or tenant improvement drawings for a building permit. Minor changes are de minimis in nature, and include variations to paint colors, building materials, equipment and fixtures, and other similar architectural or design details that are not generally perceivable or noticeable. As such, minor changes need not be recorded in the Document History (Page iv). K. APPEALS Decisions made by the Community Development Director may be appealed to the Planning Commission pursuant to Campbell Municipal Code Chapter 21.62 (Appeals). The Planning Commission's decision to sustain or reject an appeal may be further appealed to the City Council, whose decision shall be final. L. INTERPRETATIONS OF PROVISIONS The Community Development Director shall have the authority to interpret the meaning and applicability of all provisions and requirements of the Master Use Permit. Where a disagreement with the Community Development Director's application or understanding of a provision or requirement of the Master Use Permit occurs, the procedures for an Interpretation provided in Campbell Municipal Code Section 21.020.030 (Procedures for Interpretations) shall be followed, including the provisions for an appeal. M. RELATIONSHIP TO THE ZONING CODE The Master Use Permit includes references to applicable sections of Title 21 (Zoning Code) of the Campbell Municipal Code for purposes of clarification and succinctness (e.g., as not to duplicate administrative procedures). However, the Master Use Permit provides greater specificity in terms of allowable land uses, developmentstandards, and decision-making authority as permitted by the Zoning Code. However, where a conflict may exist between the Zoning Code and the Master Use Permit, the provisions of the Zoning Code shall prevail; provided, however, that any deviations from the requirements of the base zoning district that are enacted under the authority of Campbell Municipal Code Section 21.14.030.A shall prevail over any conflicting requirements of the base zoning district . Master Use Permit 7 The Pruneyard ADMINISTRATION N. ADDITIONAL PERMITS Land uses allowed by the Master Use Permit may still require the issuance of a building permit or other agency approval(s) before being established. Nothing in the Master Use Permit shall eliminate the need to obtain any permits or approvals required by the Campbell Municipal Code or any applicable County, State, or Federal agency regulations. All necessary permits and approvals shall be obtained before starting work or establishing new uses. O. OWNER'S RESPONSIBILITY This Master Use Permit is adopted as a mutually beneficial instrument between the City and Owner. The timely cooperation and assistance of the Owner, including the Center Association, property managers, and agents, is expected in its implementation. This includes the Center Association keeping the City apprised of changes in tenancy/business names in an annual update, revising referenced exhibits or producing new exhibits as requested by the City, and granting the City the ability the inspect the premises with reasonable notice as necessary to ensure compliance with the Master Use Permit. ENFORCEMENT One of the objectives of the Master Use Permit is to ensure that The Pruneyard and all of its constituent components (retail, office, and hotel operations) are conducted harmoniously and that all uses are operated as they were approved and intended. This includes both individual businesses and commonly managed areas of The Pruneyard. If either individual businesses or commonly managed areas are not operated or maintained as required by the Master Use Permit, the City has the authority to apply the Campbell Municipal Code and to enforce its provisions to remedy violations of the Master Use Permit and/or the Campbell Municipal Code as described by this section. The City Council shall be the decision-making body on any revocation/modification proceeding brought forward under this section, upon recommendation of the Planning Commission. Notwithstanding the following, if any violation of the Master Use Permit and/or the Campbell Municipal Code creates a condition that is harmful and/or deleterious to the public health, safety and welfare of the citizens of Campbell, the violation may be addressed as a public nuisance pursuant to the procedures identified in Campbell Municipal Code Chapter 6.10 (Nuisance Abatement and Administrative Remedies). Depending on the nature and origin of the violation, either the applicable business owner and/or the Center Association shall be responsible for resolving and correcting the violation(s) to the satisfaction of the City. Private Business Operations. Individual land uses at The Pruneyard shall be maintained and operated in accordance with the Zoning Clearance or Conditional Use Authorization issued for that particular use, and with all applicable standards specified in the Master Use Permit. Failure of any individual business operator to comply with the issued Zoning Clearance or Conditional Use Authorization, or other applicable standard, may result in the City initiating revocation/modification proceedings consistent with Chapter 21.68 (Revocation or Modification) of the Campbell Municipal Code to consider revocation or involuntary modification of the Zoning Clearance or Conditional Use Authorization. Such proceedings will be isolated to the land use approval for the individual business operation. .• Commonly Managed Area Operations. Violations within the commonly managed areas of The Pruneyard shall be the responsibility of the Center Association and each Owner, who shall be jointly responsible. The City may initiate revocation/modification proceedings consistent with Chapter 21.68 (Revocation or Master Use Permit 8 The Pruneyard ADMINISTRATION Modification) of the Campbell Municipal Code to address such violations. Once this process is initiated, all properties will be impacted as follows: • No Building Permits will be issued; • No Land Use Entitlements approved; and • - No Business licenses/Zoning Clearances will be granted. The City's action to modify the Master Use Permit shall be considered an Amendment that may include revision, deletion, and/or creation of provision(s) in the Master Use Permit as necessary to resolve identified violations. Should a modification not resolve identified violations the City may take further action to revoke the Master Use Permit, which shall maintain the stay on all City approvals, as noted above, until such time the Master Use Permit is reestablished by the City. In order to restore the Master Use Permit, the Center Association shall correct the violation(s) to the satisfaction of the City Council. Q. CUSTODIANSHIP The Community Development Director shall be the City's custodian of the Master Use Permit and all associated records and files. The Community Development Director may correct typographical errors, make formatting changes (paragraph spacing, pagination, etc.), update referenced business names and suite numbers upon change of tenancy,. and revise citations to the Campbell Municipal Code as needed, as more specifically described in the Document History (Page iv). The most current version of the Master Use Permit shall be maintained electronically on the City's website, with each prior version archived to the City's electronic document repository. R. INDEMNITY The Owner shall indemnify and hold harmless to the fullest extent allowed by law (without limit as to amount) the City and its elected officials, officers, employees and agents in their official capacity, and any of them, from and against any claims, actions, causes of action, losses, damages, liabilities and costs of every nature (including reasonable attorney's fees and costs of suit) of any and every kind and by whomever and whenever made or obtained, caused by, arising out of, or resulting from, or alleged to have been caused by, arise out of, or result from, in whole or in part, the approval or exercise of the Master Use Permit, except for any claims, actions, causes of action, losses, damages, costs or liabilities proximately caused by the sole negligence or willful misconduct of City. SEVERABILITY In the event that any limitation, condition, restriction, or provision contained in this Master Use Permit is to be held invalid, void or unenforceable by any court of competent jurisdiction, the remaining portions of the Master Use Permit shall nevertheless, be and remain in full force and effect. Master Use Permit 9 The Pruneyard III. DEVELOPMENT CONTROLS A. CONFORMANCE TO DEVELOPMENT PLANS All development shall substantially conform to the Approved Development Plans (APPENDIX A), meaning that the construction drawings submitted for building permits shall indicate buildings of approximately the same size, height, placement, architectural design, and site improvements of approximately the same appearance and configuration, as approved by the Master Use Permit, except where an Architectural Modification has been authorized in compliance with Section C (Architectural Modifications). B. APPROVED BUILDING AREAS The following buildings listed in Table III-1 are approved for construction, as also indicated on the site plan, below. The developer may construct the 'R3' building as either 30,000 square-feet ("Option 1") or 12,000 square-feet ("Option 2") so long as the corresponding parking garage expansion option is also constructed. Additionally, the other 'R' buildings may be constructed smaller than the maximum allowed by authorization of an Architectural Modification as specified by Section C (Architectural Modifications). TABLE III-I-APPROVED BUILDING AREAS APPROVED NEW BUILDING SIZE STORIES 'R1' (Commercial/Retail Building) 6,000 1 ' 'R2' (Commercial/Retail Building) 5,800 1 'R4' (Commercial/Retail Building) 1,800 1 'RS' (Commercial/Retail Building) 5,000 1 'Ol' (Office Building) 100,000 5 'G2'(Underground Garage) 68,000 - 'G1'(Garage Expansion) 190,000 S (Option 1 /Option 2J 114,000 3 'R3' (Commercial/Retail Building) 30,000 2 (Option 1 /Option 2J 12,000 Total Proposed Building Area 148,600 (excluding garage) .. E ' (IL ,-- o'er - ~ ~ ~' ,°~i f „ ~j $ I I ~ i I ~ ..I ~ I -; - ~ ~, ~ ~. , i I ,r- s Iff 5 ft t p ~y jjj • } ~~.'' ~_ ~ ~ LL ~ ~"ST ~ ' Yl~l~ ~~ y~ I~~ s3+~ ~ nit.. "~ ""asA'3~~°pe ~, ,~-~ -'rlli {i( * ~ ~ a sus rraew e~l~g"y~,,,,,.,r -ec~ .. R,n ,, _ oti , ~ v t"- ~ I t i p o , _ 2, :.. II h 'V xrxi ~i t ~ ~ + III f.r ~ ! A.. ~ ,~., 1 r t 4 ~' r y ~°O' l~ia5" .. Pc` ~ t ~ ~ s IIG f'/ E, idll Master Use Permit 10 The Pruneyard DEVELOPMENT CONTROLS Existing buildings, as listed in Table III-2, and as also indicated on the above site plan, include the three existing office buildings, a hotel, and a retail shopping center composed of several attached and detached buildings: TABLE III-2-EXISTING BUILDING AREAS EXISTING BUILDINGS TOTAL AREA (SF) Hotel w/banquet and restaurant. 94,477 (171 rooms) Shopping Center (Main Buildings) 231,143 Pad Buildings (2) 12342 Office Buildings (3) 360,115 Total Existing Building Area 698,076 The use of approved and existing buildings is limited by numeric (square-feet) limitations of certain land uses as specified by Part IV, Section B (Land Use Maximums), and by general land use allowability restrictions as specified by Part IV, Section D (Land Uses Allowed). C. ARCHITECTURAL MODIFICATIONS The Community Development Director may authorize an Architectural Modification, which for purposes of the Master Use Permit shall specifically include limited exterior alterations and additions to existing buildings of no greater than 500 (gross) square-feet, in compliance with this section. Any proposal determined not to fall within the scope of this section shall constitute a "major change" and require an Amendment to the Master Use Permit in compliance with Part II, Section G (Amendments). 1. Administrative Authorization The Community Development Director may authorize a request for an Architectural Modification provided the Community Development Director makes the findings specified in subsection '2', below. The Community Development Director's decision shall be made in compliance with the procedures prescribed by Campbell Municipal Code Chapter 21.71 (Administrative Decision Process), subject to the same fee as for an Administrative Site and Architectural Review Permit, as specified in the Schedule. of Fees and Charges. An Architectural Modification shall be authorized prior to issuance of a building permit for the work approved. Upon approval, the authorized Architectural Modification shall be recorded in the Document History (Page iv). 2. Findings to Authorize an ArchitecturaLModification The Community Development Director shall authorize an Architectural Modification only when the following findings are made: 1. The Architectural Modification is consistent with the architectural character of The Pruneyard in terms of color(s), material(s), form and mass; 2. The Architectural Modification is consistent with the Vision and Goals of the Master Use Permit; 3. Any new building area can be accommodated by the existing or proposed parking supply; and 4. The Architectural Modification is consistent with the applicable General Plan Land Use Policies. Master Use Permit 11 The Pruneyard 9V. LAIV® l1SE C®NTR®LS A. ESTABLISHMENT OF LAND USE PROGRAM These Land Use Controls establish [he tailored land use program for The Pruneyard, pursuant to Campbell Municipal Code Section 21.14.030 (O (Overlay) Overlay/Combining Zoning District), which specifies those permitted and conditional uses that apply to The Pruneyard. Those permitted uses identified in this Master Use Permit, which are a subset of the uses otherwise permitted in the Campbell Municipal Code, are approved ministerially by issuance of a Zoning Clearance, as specified by Section E (Permitted Use Approval). The conditional uses identified herein, which are also a subset of the conditional uses identified in the Campbell Municipal Code, are subject to a discretionary administrative review, as specified below in Section F (Conditional Use Authorization). Additionally, certain allowable land uses are also restricted as to aggregate square-footage and number as specified in Sections B (Land Use Maximums) and C (Alcohol License Maximums), respectively. B. LAND USE MAXIMUMS In order to maintain an appropriate balance of land uses within The Pruneyard, and as required by the project's environmental review, the following land use maximums (Table IV-1) are hereby established. Any change to these land use maximums shall require an Amendment to the Master Use Permit in compliance with Part II, Section G (Amendments). Land uses not listed below, but allowed pursuant to Section D (Land Uses Allowed), are permitted within the existing and proposed buildings without specific maximums. TABLE IV-1-LAND USE MAXIMUMS LAND USE MAXIMUM (SF) Fitness Facility 30,000 Movie and/or Performing Arts Theater I 20,400 Restaurants* 94,500 *Includes restaurants (as defined by Part VII), and stand-alone bars/taverns, and nightclubs. _ By establishment of these maximums, the mix of land uses within The Pruneyard will be consistent with the proposed parking supply, as determined by the project's parking analysis, and subject to the parking management measures required by Part VI, Section A (Parking Management). The parking analysis for the project calculated the required parking based upon enclosed restaurant square footage. In this manner, parking for all land uses authorized by the Master Use Permit, including restaurants has been found to be sufficient. Therefore, changes to land use within The Pruneyard, consistent with Section D (Land Uses Allowed) are not subject to any additional parking review, except where a minor addition is proposed as allowed by Part III, Section C (Architectural Modifications). Table IV-2 identifies the current allotment of restaurants-as defined by Part VII (Definitions)-by suite number (see APPENDIX E). This table shall be updated by the Community Development Department anytime a restaurant is established or expanded to ensure the Master Use Permit remains current. Master Use Permit 12 The Pruneyard LAND USE CONTROLS TABLE IV-2 -RESTAURANT AREA ALLOTMENT BUSINESS NAME SUITE #~ADDRE55 I SQUARE FEET Buca Di Beppo 155 8,099 Cafe Artemis 300/350 3,599 Coffee Society 112 1,722 EI Burro 570 13,036 Kyoto Palace: 2500 5,704 Le Boulanger 440 3,719 Lisa's Tea Treasures 165 1,544 Little Wine Counter 560 974 Orchard City Kitchen 190 5,781 Outback 1887 S. Bascom 6,807 Pacific Catch, Inc.. 550 5,150 Patxi's Pizza 405 3,175 Rock Bottom Brewery 700 9,769 Tandoori (former) 250 2,136 Boswell (former) 105 2,069 Togo's 113 1,191 PY Kitchen and Bar 1995 S. Bascom 1,300 Current Total 75,775 Remaining Available 18,725 C. ALCOHOL LICENSE MAXIMUMS The Community Development Director may authorize additional alcohol service ("liquor establishment") and retail alcohol sales ("liquor store"), in compliance with Section F (Conditional Use Authorization). However, the maximum number of "off-sale" and "on- sale" licenses, as defined by the California Business and Professions Code, shall be restricted as specified by the Table IV-3, below, except that incidental license types such as instructional tasting or portable bar licenses granted in association with a primary license, as well as temporary licenses (e.g., special events), shall not count against the maximum. TABLE IV-3-ALCOHOL LICENSE MAXIMUMS LICENSE TYPE MAXIMUM "On-Sale" (Consumptidnon-site) 25 "Off-Sale" (Consumption off-site) 5 By provision of these maximums, the City Council affirmatively finds that there is not an overconcentration of alcohol service establishments or an undue proximity of off-site alcoholic sales establishments within The Pruneyard. As such, an increase to the maximum number of allowable licenses shall require an Amendment to the Master Use Permit in compliance with Part II, Section G (Amendments). These maximums anticipate completion of the entire approved project. Master Use Permit 13 The Pruneyard LAND USE CONTROLS Table IV-4, below, identifies the current alcohol license allotment. This table shall be updated by the Community Development Director when a Conditional Use Authorization is granted to allow additional alcohol service or sales. TABLE IV-4-ALCOHOL LICENSE ALLOTMENT BUSINESS NAME I SUITE N~ADDRESS I LICENSE TYPE Buca Di Beppo 155 Type 47 (On-Sale General) Cafe Artemis 300/350 Type 47 (On-Sale General) EI Burro 570 Type 47 (On-Sale General) Kyoto Palace 2500 Type 47 (On-Sale General) Little Wfne Counter 560 Type 42 (On-Sale Beer & Wihej Orchard City Kitchen 190 Type 47 (On-Sale General) Outback 1887 5. Bascom Type 47 (On-Sale General) Pacific Catch, Inc. 550 Type 47 (On-Sale General) Patxi's Pizza 405 Type.47 (On-Sale General) Rock Bottom Brewery 700 Type 47 (On-Sale General) Camera Cinemas/ Pizza My Heart 100 Type 41 (On-Sale Beer & Wine) Double Tree by Hilton/ PY Kitchen and Bar 1995 5. Bascom Type 47 (On-Sale General) Trader Joe's 420 Type 21 (Off-Sale General) Current Total /Remaining ("On-Sale") 12 13 Current Total /Remaining ("Of-Sale") 1 4 D. LAND USES ALLOWED Allowable permitted and conditional land uses within The Pruneyard are specified by this section, subject to the limitations specified above by Section B (Land Use Maximums) and Section C (Alcohol License Maximums). Table IV-5 specifies which land uses are allowable by parcel (as denoted by the map to the right), and whether on the ground floor, on an upper floor, or on all floors, as applicable. Land uses that are listed as "permitted" (P) are approved by issuance of a Zoning Clearance as noted in Section E (Permitted Use Approval). Land uses listed as "conditional" (C) may be administratively authorized in compliance Section F (Conditional Use Authorization). The meaning of land uses shall ; be in compliance with Part VII (Definitions). I .z 4-- ~. -.9~, I - ~.P~~, _ . -t.,,.~ , . .. vi -- _, ~ I -----' _ . _ = ~ ~ :L1• a~ ..tee:~ i, i -',f' - aMO~~ '- ~, - .r ;. I. ~ t ~ _ 'r L _ ., ... l--- Master Use Permit 14 The Pruneyard LAND USE CONTROLS TABLE IV-5 -LAND USES ALLOWED LAND USES I RETAIL PARCEL OFFICE PARCEL I HOTEL PARCEL General Retail Activities Bookstores Consignment Boutique Department Stores Food Retail Furniture Stores Grocery Stores Hardware Stores (under 5,000 sq. ft.) P P Medical Retail (All Floors) (Ground Floor) Music (recordings) Stores Outdoor Retail Sales and Activities Outdoor Retail Sales, ancillary Pharmacies/Drug Stores Photography Studio/Supply Shops Retail Stores Video Rental Stores Retail Alcohol Sales, Primary Use C Liquor Store, beer and wine (Ground Floor) Liquor Store, distilled spirits Retail Alcohol Sales, Ancillary Use C Grocery Stores, beer and wine (Ground Floor} Grocery Stores, distilled spirits General Services Banks and Financial Services Personal Services P P Photocopying Shop (All Floors) (Ground Floor) Travel Agency Dry Cleaning (Drop-off/Pick-up) Special Services C Massage Establishments (Ground Floor) Spa Services/Health Spas C C C Tanning Studios ~ (All Floors) (All Floors) (All Floors) Professional Office and Employment Government offices and facilities (local, state or federal) P P Professional Office -------------------"------------------------------'----------------- ~ (Upper Floors) ~-------- ------ (All Floors) Professional Office (less than 2,000 sq. ft.) P (Ground Floor) Hospitality C Hotel with Banquet Facilities (All Floors) Restaurant and Food Service Catering businesses (ancillary to a restaurant) P P P Outdoor seating (associated with a restaurant) (All Floors) (Ground and (Ground Floor) Top Floor*) Restaurants Alcohol Service (Liquor Establishment), Primary Use C C C Distilled spirits, within astand-alone Bar/Tavern or Nightclub (Ground Floor) (Ground and (Ground Floor) Master Use Permit 15 The Pruneyard LAND USE CONTROLS TABLE IV-S -LAND USES ALLOWED LAND USES ~ I RETAIL PARCEL I OFFICE PARCEL I HOTEL PARCEL Beer and wine,within a stand-alone Bar/Tavern or Nightclub Top Floor*} . Alcohol Service (Liquor Establishment), Ancillary Use ~ ~ C Beer and wine, within a restaurant, hotel, theater, etc. (Ground and C Distilled spirits, within a restaurant, hotel, theater, etc. qll F oors ( } Top Floor*) (Ground Floor) , P , Health and Fitness Center 81d. R3 On/y , i. (All Floors) Movie and/or Performing Arts Theater P (All Floors) Instructional Services ' Commercia.I.Schools (less than 10,000 sq. ft.) C C. ' Studios (small and large} (All Floors) (All floors) ' i ~ '7utoring Center (small and large) Medical Service, Clinics P (Upper Floor) Entertainment ' Arcades , j Live Entertainment, ancillary (primary see Nightclub) C Dancing; ancillary (primary seeNightclub) (Ground Floor) Nightclubs (live entertainment and dancingas primary use) Indoor Amusement/ Entertainment/Recreation Centers Equipment Uses Automated Teller Machines (ATM) Vending Machine P P P Alternative Fuel /Recharging Stations (All Floors) (All Floors) (All Floors) Television/Communication Satellites (less than 3-ft diameter Pet Services ~ PeY Stores p Cat and'Dog Grooming (All Floors) Pet Supply (including on-site. preparation of food goods) Late Night Hours (Activities), in association with any use C C C (All Floors) (All Floors) (All Floors) May be allowed in compliance with Campbell Wireless Communication.Facilities Municipal Code Chapter 21.34 (Wireless Communications Facilities) *'TOp Floor' includes the upper floor of each building, and the upper two (Z) floors of Tower I. E. PERMITTED USE APPROVAL The Community Development Director shall approve permitted land uses specified above by Section D (Land Uses Allowed) and consistent with the land use maximums specified by Section B (Land Use Maximums), by issuance of a Zoning Clearance. Existing and new Permitted Uses are subject to the applicable standards in Section I (General Performance Standards). ' Master Use Permit 16 The Pruneyard LAND USE CONTROLS F. CONDITIONAL USE AUTHORIZATION TheCommunity Development Director may authorize conditional land uses specified ~by Section D (Land Uses Allowed), in compliance with this section, and with the land use maximums specified by Section B (Land Use Maximums). Authorized Conditional Uses are subject to the applicable .standards provided in Section H (Conditional Use Standards) and Section I (General Performance Standards). 1. Administrative Authorization The Community Development Director may authorize a request for a new or expanded conditional use, except as specified by Section H (Conditional Use Standards), provided the Community Development Director can make the findings specified in subsection '2', below. The Community Development Director's decision shall be made in compliance with the procedures prescribed by Campbell Municipal Code Chapter 21.71 (Administrative Decision Process), subject to the same fee as for an Administrative Planned Development Permit (Change of Use), as specified in the Schedule of Fees and Charges. A conditional use shall be authorized prior to issuance of a building permit or a business license. The Community Development Director's authorization of a conditional use shall be termed a "Conditional Use Authorization." All authorized conditional uses shall be listed below within Section G (Authorized Conditional Uses). Upon approval, the Conditional Use Authorization shall be recorded on the in the Document History (Page iv). 2. Findings to Authorize a Conditional Use The Community Development Director shall issue a Conditional Use Authorization only when the following findings are satisfied: 1. The authorized conditional use will maintain an appropriate mix of uses within The Pruneyard; 2. The authorized conditional use is consistent with the Vision and Goals of the Master Use Permit; 3. The authorized conditional use will incorporate applicable use standards consistent with the standards in this Master Use Permit as necessary to not determinately impact other uses; and 4. The authorized conditional use is consistent with the applicable General Plan Land Use Policies. G. AUTHORIZED CONDITIONAL USES The following conditional uses are authorized by the Master Use Permit, for a specific tenant space as depicted in APPENDIX E (Tenant Map), and as subject to the specified standards provided in Section H (Conditional Use Standards). No conditional use shall expand beyond its existing tenant space or introduce additional conditional use activity without further authorization in compliance with Section F (Conditional Use Authorization). Table IV-6 shall be updated by the Community Development Director when a new conditional use is authorized to ensure the Master Use Permit remains current. Master Use Permit 17 The Pruneyard LANG USECONTROLS TABLE IV-6-AUTHORIZED CONDITIONAL USES BUSINESS SUITE $~~ AUTHORIZED CONDITIONAL OPERATIONAL HOURS LAND USE ADDRESS CONDITIONAL USE(S) USE (LATE NIGHT OR STANDARD) STANDARDS Restaurants ~ ' Buca di • Ancillary Alcohol Service, Be o pp 155 distilled spirits 1, 2 6:00 AM to 12:00 AM, daily Late Night Hours Cafe 300 350 ~ Ancillary Alcohol Service, 2 Standard Hours Only Artemis distilled spirits EI Burro 570 Ancillary Alcohol Service, 2 Standard Hours Only distilled spirits Kyoto 2500 • Ancillary Alcohol Service, 2 Palace distilled spirits Standard Hours Only Orchard • Ancillary Alcohol Service, City 190 distilled spirits 1, 2 6:00 AM to 12:00 AM, daily Kitchen ' • Late Night Hours Outback 1887 S. Ancillary Alcohol Service, Steakhouse Bascom distilled spirits 2 Standard Hours Only Pacific Ancillary Alcohol Service, Catch 550 distilled spirits 1, 2 6:00 AM to 2:00 AM, daily • Late Night-Hours Patxi's • Ancillary Alcohol Service, Pizza 405 distilled spirits 1, 2 6:00 AM to 12:00 AM, daily • Late Night Hours • Ancillary Alcohol Service, . Rock distilled spirits Bottom 700 Ancillary Live Entertainment 1, 2, 6 6:00 AM to 2:00 AM, daily • Late Night Hours • Ancillary Alcohol Service, PY Kitchen 1995 S. distilled spirits and Bar Bascom • Ancillary Live Entertainment 1, 2, 6 6:00 AM to 12:00 AM, daily • Late Night Hours Pizza My Heart 100A • Ancillary Alcohol Service, beer and wine 1 2 6:00 AM to 2:00 AM, daily i ~tana-alone uar/tavern • Stand-alone Bar/Tavern, Little Wine beerandwine Counter 560 • Live Entertainment, 1, 3, and 6 6:00 AM to 1:00 AM, daily ancillary • Late Night Hours Massage Establishment i i Massage 650 • Massage Establishment 7 7:00 AM to 10:00 PM, daily Envy (Restricted Hoursl ~ Hotel • Hotel banquet facility Double 1995 S. • Late Night Hours Tree Hotel Bascom Live Entertainment and 1, 5, 6 6:00 AM to 12:00 AM, daily dancing; ancillary Master Use Permit 18 The Pruneyard LAND USE CONTROLS TABLE IV-6-AUTHORIZED CONDITIONAL USES BUSINESS SUITE ~$ ~ AUTHORIZED CONDITIONAL OPERATIONAL HOURS LAND USE ADDRESS CONDITIONAL USE(S) USE (LATE NIGHT OR STANDARD) STANDARDS Movie and/or Performing Arts Theater • Live Entertainment, ancillary Camera 7 100 • Ancillary Alcohol Service,, 1, 6, 9 6:00 AM to 2:00 AM, daily distilled spirits • Late-night Activities Grocery Store Trader 420 • Ancillary retail alcohol sales, 4 Standard Hours Only Joe's distilled spirits Health and Fitness Center TBD (Bld. R3) • Late Night Hours 1, 9 24 hours/daily e Spa Services H. CONDITIONAL USE STANDARDS The following standards apply to each authorized conditional use, as applicable. When considering a request to authorize a new conditional use pursuant to Section F (Conditional Use Authorization) for which standards have yet to be established, the Community Development Director shall refer the authorization request to the Planning Commission as permitted by Campbell Municipal Code Section 21.38.020, for decision and creation of new Conditional Use Standards (to then be incorporated into this section) in compliance with the procedures prescribed by Campbell Municipal Code Chapter 21.64 (Public Hearings). 1. Late Night Hours Land uses with Conditional Use Authorization for Late Night Hours shall comply with the following standard: a) Approved Late Night Hours The approved Late Night Hours as identified above by Section G (Authorized Conditional Uses) are inclusive of all activity associated with the use including, but not limited to, the provision of goods and services to the public and all ancillary activities such as property maintenance, janitorial services, street and parking lot sweeping, deliveries, and similar activities. 2. Alcohol Service Ancillary to a Restaurant Restaurants with Conditional Use Approval for alcohol service shall comply with the following standards: a) Alcohol License Types The business owner shall at all times maintain in good standing an appropriate license from the State Department of Alcoholic Beverage Control for the sale of alcoholic beverages in association with the restaurant. Only a license for a bona fide public eating place, as defined by Section 23038 of the California Business and Professions Code, shall be permitted, as specified below: • Type 41 (On-Sale Beer and Wine for Bona Fide Public Eating Place) • Type 47 (On-Sale General for Bona Fide Public Eating Place) OR o Type 75 (On-Sale General Brew-Pub) Master Use Permit 19 The Pruneyard LAND USE CONTROLS b) Patron Service Patrons shall only be served when seated, either at the bar, patio, or within the dining room. c) Food Service Required The kitchen shall not close during the restaurant's public operating hours and shall be able to provide normal meal service at all times, including at the bar. d) Floor Plan Configuration All tables and chairs shall be placed in such a manner to allow sufficient area for dining and shall not be stacked or removed from the restaurant during the operating hours. At no time shall the seating be reconfigured to create large open spaces for patrons to congregate, as to ensure that the use is operated as envisioned. e) Designated Driver /Taxicab Service Posting Contact information for local taxicab services and designated driver services shall be posted in a conspicuous place. f) City Meetings At the discretion of the Chief of Police, periodic meetings will be conducted with representatives from the Police Department/Alcohol Beverage Control for on-going employee training on alcoholic beverage service to the general public. g) Live Entertainment and Dancing Unless specifically allowed by Section H (Authorized Conditional Uses), live entertainment and dancing shall not be allowed. 3. Stand Alone Bar/Tavern, beer and wine Stand-alone bars/taverns with Conditional Use Approval for the sale of beer and wine shall comply with the following standards: a) Alcohol License Types The business owner shall at all times maintain in good standing an appropriate license from the State Department of Alcoholic Beverage Control for the sale of alcoholic beverages (beer and wine) in association with the bar/tavern. A license for a bona fide public eating place or public premise, as defined by Sections 23038, and 23039 of the California Business and Professions Code, respectively, may be permitted, as specified below: • Type 41 (On-Sale Beer and Wine for Bona Fide Public Eating Place) • Type 42 (On-Sale Beer and Wine for Public Premise) • Type 61 (On-Sale Beer for Public Premises) b) Age Restriction No person under the age of 21 years shall be allowed to enter the premise, unless allowed as part of the live entertainment (musician) exemption pursuant to California Business and Professions Code Section 25663.5. A sign indicating this age restriction shall be posted at the entry door. c) Designated Driver /Taxicab Service Posting Contact information for local taxicab services and designated driver services shall be posted in a conspicuous place. d) Live Entertainment Unless specifically allowed above by Section G (Authorized Conditional Uses), live entertainment and dancing shall not be allowed. Master Use Permit 20 The Pruneyard LAND USE CONTROLS e) City Meetings At the discretion of the Chief of Police, periodic meetings will be conducted with representatives from the Police Department/Alcohol Beverage Control for on-going employee training on alcoholic beverage service to the general public. 4. Retail Alcohol Sales (Distilled Spirits), Ancillary to a Grocery Store Grocery stores with ancillary alcohol .sales (distilled spirits), shall comply with the following standards: a) Ancillary Activity The retail sale of alcoholic products shall remain ancillary to the primary purpose of the grocery store which is the sale of food items and household supplies, as defined by the Campbell Municipal Code. b) Alcohol License Types The business owner shall at all times maintain in good standing an appropriate "off-sale" license from the State Department of Alcoholic Beverage Control for the sale of alcoholic beverages, as specified below: • Type 20 (Off-Sale Beer and Wine) • Type 21 (Off-Sale General) c) Incidental Tasting of Alcoholic Beverages On-site consumption of tasting (sample) servings of alcoholic beverages provided by outside vendors, at no cost to the consumer, shall be permitted subject to a Type 86 (Instructional Tasting) license from State Department of Alcoholic Beverage Control. Any other "on-sale" license shall not be permitted. d) Securing of Alcoholic Products Upon recommendation of the Chief of the Police, the Community Development Director may require specific signage or locked cabinet shelving, or similar measures, to prevent the unauthorized sale or theft of alcoholic products. 5. Hotel with Banquet Facilities, including ancillary alcohol sales The hotel with banquet facilities shall comply with the following standards: a) Lodging Duration Hotel rooms shall not be rented for a continuous stay of more than thirty (30) days. b) Banquet Hours Banquet facilities (indoor and outdoor) may be used/rented from 6:00 AM to 11:00 PM, daily. c) Alcohol Service Alcohol service provided in hotel rooms (i.e., "mini-bars" and room service delivery) and banquet facilities (indoor and outdoor) when serving guests at hotel-related or organized functions, such as social hours, meetings, receptions and cocktail parties, shall require the business owner to at all times maintain in good standing an appropriate license from the State Department of Alcoholic Beverage Control for the sale of alcoholic beverages, as specified below: • Type 47 (On-Sale General for Bona Fide Public Eating Place) • Type 70 (On-Sale General Restrictive Service) • Type 68 (Portable Bar) Master Use Permit 21 The Pruneyard U\ND USE CONTROLS d) Restaurant and Bar A restaurant and bar, with general alcohol service, late-night activity, and ancillary live entertainment, open ~to the general public, is permitted in association with the hotel use, as specified above in Section G (Authorized Conditional Uses). 6. Ancillary Live Entertainment Any use with Conditional UseApproval for live entertainment shall comply with the following standards: a) Live Entertainment Permit Each business owner shall secure approval of a Live Entertainment Permit in compliance with Campbell Municipal Code Chapter 5.24 (Live Entertainment). Existing Live Entertainment Permits in effect at time of adoption of the Master Use Permit shall remain valid; however, such permits are non-transferable, and any change in business ownership shall require an application for a new Live Entertainment Permit. b) Live Entertainment Performances Live entertainment is limited to live musicians complimentary to the primary purpose of the use, as specified by a Live Entertainment Permit. c) Dancing Area Prohibited At no time shall the business owner reconfigure the seating area to create a dancing area, unless dancing is specifically allowed by Section G (Authorized Conditional Uses). d) Cover Charge . At no time shall a cover charge be required or a donation necessary in order to patronize the establishment. e) Doors and Windows Doors and windows shall remain closed during live entertainment performances, unless otherwise approved by the Live Entertainment Permit. f) Noise Regardless of decibel level, live entertainment performances shall not create unreasonable noise which obstructs the free use of neighboring businesses or residences. g) Security At the sole discretion, and to the satisfaction of the Chief of Police, the business owner may be required to provide private security during live entertainment performance. 7. Massage Establishments Massage establishments shall comply with the following standards, in compliance with Campbell Municipal Code Section 21.36.270 (Massage Establishments): a) Proximity A massage establishment use shall not be located within three hundred feet of another existing massage establishment use, as measured from the edge of the property line of each property. b) Establishment Permit It shall be unlawful for any operator to own, manage, or operate a massage establishment in or upon any premises within the city without having a current massage establishment permit issued by the Chief of Master Use Permit 22 The Pruneyard LAND USE CONTROfS Police pursuant to the provisions of Campbell Municipal Code Chapter 5.48 (Massage Establishments and Therapist). c) Special Operating Hours No massage establishment shall be kept open for business and no massage therapist shall administer massages before the hour of 7:00 a. m. or after the hour of 10:00 p.m. d) Window Coverage No massage business located in a building or structure with exterior windows fronting a public street, highway, walkway, or parking area shall, during business hours, block visibility into the interior reception or waiting area through the use of curtains, closed blinds, tints, or any other material that obstructs, blurs, or unreasonably darkens the view into the premises. For the purpose of this standard, there is an irrebuttable presumption that the visibility is impermissibly blocked if more than 10 percent of The interior reception or waiting area is not visible from the exterior window. 8. Spa Services /Health Spa Spa Services/ Day Spa uses shall comply with the following standards:, a) Massage Therapist Massage services shall only be provided by a Certified Massage Therapist as certified by the California Massage Therapy Council. b) Other Personal Services In addition to massage services, at least two other personal services shall be provided, including but not limited to, hair, nail, and/or skin care, waxing, facials, sauna, whirlpools, and swimming pools. 9. Alcohol Service Ancillary to a Movie and/or Performing Arts Theater Movie and/or Performing Arts Theater with Conditional Use Approval for alcohol service shall comply with the following standards: a) Alcohol License Types The business owner shall at all times maintain in good standing an appropriate license from the State Department of Alcoholic Beverage Control for the sale of alcoholic beverages in association with the restaurant. Only a license for a bona fide public eating place, as defined by Section 23038 of the California Business and Professions Code, shall be permitted, as specified below: • Type 41 (On-Sale Beer and Wine for Bona Fide Public Eating Place) • Type 47 (On-Sale General for Bona Fide Public Eating Place) 6) Food Service At all times when the premises is exercising the privileges of their license, the sale of food, in compliance with Section 23038 of the Business and Professions Code, shall be offered and available for purchase. c) Alcohol5ervice All sales and service of alcoholic beverages for consumption in the general spectator seating areas shall be made only from concession stands, portable stands or bars, or fixed bars, and shall not be sold, served, or delivered to customers by individual ambulatory vendors, commonly known as "hawkers". Master Use Permit 23 The Pruneyard LANn USE CONTROLS d) Alcohol Sales in Auditoriums Notwithstanding the above, point(s) of sale of alcoholic beverages shall not be maintained within the theater auditoriums, except that alcoholic beverages may be sold or served by waiters or waitresses in the general spectator seating areas under the following conditions: Only persons occupying seats in the designated theaters shall be permitted to order and be served alcoholic beverages. Orders from patrons seated in these theaters must be made to the waiter or waitress serving that area, and the alcoholic beverages must be personally delivered to the patron by the waiter or waitress who took the order. The waiter or waitress serving in the theaters shall not carry a supply of unordered alcoholic beverages. e) Limit on Alcohol Service No more than two (2) alcoholic beverages shall be sold or served to any one (1) person during any transaction. f) Size and Appearance of Alcohol Containers Alcoholic beverages shall be served in containers which significantly differ in appearance from those containers utilized for non-alcoholic beverages. Containers for beer shall not exceed 16 ounces. This condition does not preclude the service of alcoholic beverages in their original containers. g) Monitoring At all times when the premises is exercising the privileges of their license, an employee of the premises shall enter and monitor the activity within the theaters on a regular basis, but no less than once every 30 minutes. GENERAL PERFORMANCE STANDARDS The following performance standards apply to all new and existing land uses: 1. Standard Operating Hours Notwithstanding any provision to the contrary, and except where Conditional Use Authorization has been granted for Late Night Hours, the Standard Operating Hours for all land uses is defined as 6:00 AM to 11:00 PM. No activity shall occur prior to or after this time period, inclusive of all activity associated with the use including, but not limited to, the provision of goods and services to the public and all ancillary activities such as property maintenance, janitorial services, street and parking lot sweeping, deliveries, and similar activities. Smoking "No Smoking" signs shall be posted outside of the entrance of each business where smoking is prohibited in compliance with Campbell Municipal Code Section 6.11.060 (Smoking Pollution Control). It shall be the responsibility of each business owner to monitor and enforce the no-smoking provisions. 3. Maximum Occupancy The occupant load of all tenant spaces shall be in compliance with the California Building Code. Maximum occupancy signs shall be posted in a conspicuous place. Master Use Permit 24 The Pruneyard LAND USE CONTROLS 4. Noise - No land use, regardless of decibel level, shall create unreasonable noise which obstructs the free use of neighboring businesses or residences. 5. Trash and Cleanup All trash removal, normal clean up, janitorial activity, etc. shall be done during Standard Operating Hours or approved Late Night Hours. 6. Seating Standards Only approved restaurants and food retail uses shall be allowed to maintain dedicated patron seating areas (indoor or outdoor), subject to the following standards: a) Restaurants The maximum interior seating capacities of restaurants shall be as specified by the California Building Code. Outdoor seating areas shall constitute no more than 30% of the restaurant's total seating area (indoor and outdoor seating combined). b) Food Retail Food retail uses shall be permitted a maximum of twenty (20) seats (indoor and/or outdoor). , !. USES NOT SPECIFIED If a land use is not specifically listed in Section D (Land Uses Allowed), it shall not be allowed, except by an Amendment to the Master Use Permit in compliance with Part II, Section G (Amendments). However, the Community Development Director may determine that a new land use, which is not defined or otherwise specified by the Campbell Municipal Code, is consistent with the Master Use Permit as either a permitted or conditional land use, in compliance with the provisions provided in Campbell Municipal Code Section 21.02.020 (Allowable Uses of Land). K. NON-CONFORMING LAND USES Land uses in existence at the time of adoption of the Master Use Permit that are not listed as allowable by Section D (Land Uses Allowed) shall be considered legal non- conforming land uses subject to the limitations provided in Campbell Municipal Code Chapter 21.58 (Nonconforming Uses and Structures). Master Use Permit 25 The Pruneyard V. DESIGN GUIDELINES A. ARCHITECTURAL CHARACTER The design of the proposed retail buildings is a product of a careful study of the existing architecture overlaid with design principles consistent with contemporary retail. The result is a mix of buildings that are materially consistent with the original center, using a similar palette of plaster walls and the roofs, while also offering tenants with large glass storefronts and modest roof overhangs in order to provide greater visibility and ultimately a stronger retail presence. Buildings have been sited to frame and support the newly created Pruneyard and West Plazas; this positioning allows tenants with ample opportunities to "spill out" on to trellised diningpatios. Future renovations to the retail center should respect the original vision to create an environment that entices people to want to spend their day strolling The Pruneyard, shopping and dining. Those renovations should use high quality materials, such as smooth cement plaster, board formed concrete, terra cotta the and wood, steel and stone accents to promote the distinctive architectural style. Lush landscaping and amenity areas made of warm materials should be used to help frame and enhance the shopping and dining experience. Any future additions or alterations to existing buildings within The Pruneyard shall be consistent with the established architectural character. _ ~ _- 4 _. _'_.~. p ~. _ 1.._. I ~~ ~ ~ ._.. •._ - r_f. s- _1 ~ 1_ L ~_. _ J_.` t_. __ . S _ ='_ J ._ _~ _.__ T ~J -- ._ _.. _ L .. _...._. _ _~- 1 Master Use Permit 26 R ~ RFS ~4P ~ ruQ ~ 1~ ' 't' ;.. aynMe4. 0. RG REFAIL BUIIOPJG INP¢UACYRiU PLAZA a ~ ~~ , P 1 i ~ P ~Yt. . C~.~ ,_.u. _.~ E PROkFNF6`. &iM'QN RI & RR RflAll eU:UTNGS The Pruneyard DESIGN GUIDELINES 6. OUTDOOR DINING GUIDELINES Restaurants with outdoor dining shall provide furniture, barriers, umbrellas, and heaters consistent with the following guidelines and illustrative depictions. Details for the outdoor dining elements shall.be included with the "tenant improvement" construction drawings for each new restaurant or whenever an existing restaurant proprietor wishes to modify the outdoor dining materials. The Community Development Director shall determine conformance of the outdoor dining materials by approval of a Zoning Clearance. 1. Outdoor Dining Furniture Outdoor dining-furniture shall be of durable and weather-resistant material, specifically metal and/or wood. A composite material, such as polypropylene, may be used if the majority of the furniture piece consists of metal or wood. All furniture shall be standard height tables and chairs, not "high-top" bar or sectional "lounge" furniture, unless otherwise approved by a Conditional Use Authorization. Examples are shown below: 2. Outdoor Dining Umbrellas -.- " ~-- ' ~~ f ~ ' Umbrellas may use a solid or striped design, and be of any color, but shall not incorporate graphics, text, or any sort of brand identification. All umbrellas for a restaurant shall be the same design and size. Examples are shown below: Master Use Permit 27 The Pruneyard DESIGN GUIDELINES Outdoor Dining Heaters Outdoor heaters may be wall mounted, overhead, free-standing, or open pits. However, all heaters shall be either electrical or natural-gas with a fixed point of connection. Propane fueled models are prohibited due to the requirement for fuel tank storage. Examples are shown below: '~i-~`~ .rte ,t i . i y Outdoor Dining Barriers l ..'~-`kf.. 4 Where required, barriers around outdoor dining areas shall be designed as to maintain as transparent a border as possible. This may include use of transparent material such as meshing, wood slats, open railing, or adequately spaced planters. Solid barriers of any kind, as well as stanchions, are prohibited. Examples are shown below: Master Use Permit 28 The Pru neyard DESIGN GUIDELINES C. STOREFRONT DISPLAYS Display windows- for all ground-level business shall be maintained in a transparent manner to the greatest extent possible. Obscure glazing, such as tinting and mirroring, as well as interior walls against storefronts, are to be avoided whenever possible. However, decorative glass etching, merchandise display windows, and restauranT window seating are encouraged. Examples are shown below. D. OUTDOOR MERCHANDISE DISPLAY Outdoor merchandise displays shall be placed against the building face abutting the tenant space. Merchandise shall be attractively displayed on appropriate racks or other similar stands, or placed freestanding. Except for grocery stores, displays using card tables, cardboard cartons, plastic milk cases, or plywood boxes are not permitted. Merchandise shall be the same type of merchandise sold in the existing business at the site. Displays, including the merchandise placed on them, shall not obscure the storefront, or conflict with required paths-of-travel. Examples are shown below. ~z ~~ U ~\~ , I` 14r G I~'^--- ~. _, n~l,l Master Use Permit 29 The Pruneyard DESIGN GUIDELINES E. GENERAL SITE MATERIALS AND ELEMENTS This section provides design guidance in terms of visual depictions of appropriate general site materials and elements. If there is a conflict between this section and the Approved Development Plans, this section supersedes any illustrations provided in the Approved Development Plans. Furnishings should be consistent with the overall quality and material palette of The Pruneyard. Given the proximity to the new retail buildings it is important that the furnishings do not detract from the overall look, feel and ambiance of The Pruneyard. Specifically, furnishings should be of a high quality construction and made of natural materials such as wood, metal and stone or concrete, and compliment the features they abut. Furnishings made of ahigh-quality recycled plastic are also acceptable given their durability and sustainable construction. The consistency of any site material or element with these Guidelines shall be determined by the Community Development Director by approval of a Zoning Clearance. 1. 2. General Site Furniture General site furniture shall be of high quality construction and made of natural materials. Metal and wood benches, concrete planters, recycled plastic Adirondack chairs, and contemporary bicycle racks are examples of appropriate furniture. Examples are shown below: `:-~"~ i .-' " i >%, r :!~~'~~ ' ~ _-` ~ , _ ~ ".&IKE$AIXrRIGE i5:a _~~LANDF[APE FORMS "-- 1EGP9fNCN-' LANDSCAPE FORAfS Barriers and Bollards Master Use Permit 30 The Pruneyard Barriers and bollards shall be of decorative design, of metal or wood, intended to minimize their visual presence. Use of utilitarian styles, particularly those in bright colors, are strongly discouraged. Examples are shown below: DESIGN GUIDELINES 3. Ground Treatment All new ground treatment materials shall be an upgraded quality, including pavers, stamped concrete or asphalt, and wood decking. Where allowed by code, detectable the shall be in natural color complementary to the . surrounding pavement surface, and shall be integrally.installed. Examples are shown below: ,~ .w_ . ~ ...~.--~ .s ,., ~, v I TELL8Yf 8ETCA8LE _, u.. ,,.. tYARNING TILE , COLORED CONCRETE 4. Play/Sculptural Elements Artistic, decorative, sculptural and play elements should provide opportunities for aesthetic appreciatiori, fun, and add an element of whimsy. Examples are shown below: z ~~Yn r,' ~'' cy. 7~~Jry Master Use Permit 31 The Pruneyard DESIGN GUIDELINES 5. Light Fixtures New light fixtures shall be allowed as illustrated by the examples depicted below. Models selected shall be comparable in design, color, and installation. I I I I l1 ' I i I) I ' ~ ~ E ~ I YLBL40NNM[MI '' ~BFCA YIALLWMINARYI BF44 WAlL WINX4BYlI BE44 W-1l WFllNAl1Y' WEBNBfA4lIWiA1X4~ _ eBfGAPIALI WFVN4RYI _ __._ __, _ ,. _ >: _ ..._ __ Existing lighting fixtures, as depicted below, may be retained since the style reflects the desired Town and Country architecture. Replacement of these fixtures with fixtures comparable to the models identified above may be approved asa Minor Change. F Utility equipment, such as transformers, shall be installed underground to the extent practical. Where existing and/or new above-ground equipment is installed, it shall be adequately screened from public view by landscaping, fencing, or other method(s) approved by the Community Development Director. G. SIGNAGE All new signage within The Pruneyard shall comply with the "final" Master Sign Plan, (APPENDIX B), and any applicable limitation imposed by the Campbell Municipal Code. This Master Sign Plan is intended to create a system ~of cohesive signage throughout The Pruneyard while simplifying and streamlining the approval process as new and/or modified tenant signage is required. Compliance for retail signage standards shall be upon change of tenancy or voluntary "rebranding" necessitating installation of a new sign(s). 1. Sign Types The Master Sign Plan includes the following sign types: o Freeway Identification .• Site Branding and Major Tenant Identification .• Site Identification Markers and Entry Wall Signage Multi-Tenant Site Identification .• Vehicular Wayfinding and Directional Signage .• Pedestrian Wayfinding and Directory Signage .• Other Directional Signage and Markers e Office Building Address and Tenant Identity Signage .• Parking Garage Signage .• RetailBUildingTenantldentitySignage Regulatory and Traffic Control Signage Master Use Permit 32 The Pruneyard UTILITY EQUIPMENT DESIGN GUIDELINES 2. Review Process The Center Association or individual tenants with approval of the Center Association shall submit. signage design packages to the Campbell Building Division which will be routed to the Planning Division staff for determination of general conformance with the Master Sign Plan. As part of .the review, the Community Development Director shall confer with the Traffic Engineer to confirm the appropriate placement of new monument signage. The Community Development Director may require changes to the placement as necessary to ensure sufficient visibility. Once general conformance is determined; the Community Development Director shall issue a Zoning Clearance. Tenant Signage Design Guidelines As a part of the Master Sign Plan, a set of guidelines has been created to allow tenant signage to be managed by the Center Association and the City of Campbell in a simplified and streamlined manner. These design guidelines provide information on approved locations, types, sizes and design criteria for tenant signage. H. APPROVED TYPICAL STOREFRONTS Well-designed storefronts with attractive display windows and building entries at frequent intervals are inviting to shoppers. They help support retail vitality by encouraging people to stay in the area and move from store to store. These features are particularly important at corners because they draw shoppers across streets to continue shopping. They also provide opportunities to convey the image and character of the center to motorists. Future renovations to either the original construction or to the newly added retail will maintain storefronts with generous windows along streets and pedestrian paths. Multiple storefronts within the same building should be visually compatible in terms of scale, alignment, color, and materials. Except for recessed entries, a majority of the storefront should be at the building face to encourage continuity over the entire elevation. 1. Original Construction Master Use Permit 33 The Pruneyard Renovations will maintain storefronts with generous windows. Multiple storefronts within the same building should be visually compatible in terms of scale, alignment, color, materials and architectural style. Three examples, below, are considered to be compatible with the existing buildings. DESIGN GUIDELINES New Construction New Storefronts should be made of high quality materials such as natural or painted wood, steel, and aluminum and can be conceived with a variety of door and window configurations. Storefronts in the newly added retail buildings should take advantage of the added height (as compared to the original construction) by utilizing clerestory windows above the storefronts. G0116tE Cgl0. <FNIE0.RIIIL1pH. BIACK STORFfF 6]IRBE GM0. ~U BigiERROM Master Use Permit 34 The Pruneyard awcEE oooq euoL smRESpoxr GOY9IEp00q BLACR9iOPEFpOM M119LE p V]R. CEMER MYLYON. EUCN SiOPEFliOM W NBE YC00. 0.'~Op BttIRFLROM DESIGN GUIDELINES LANDSCAPING All landscaping shall be installed consistent with the Approved Development Plans (APPENDIX A), and maintained in compliance with Campbell Municipal Code Section 21.26.040 (Landscaping Maintenance Requirements), Section 21.16.100.0.2 (Landscape Maintenance), and the California Model Water Efficient Landscape Ordinance (Title 23 ofthe California Code of Regulations, Chapter 2.7, Division 2). Any significant change to landscape plantings shall be substantially similar to the approved selections as determined by the Community Development Director, except where an Architectural Modification is authorized in compliance with Part III, Section C (Architectural Modification). Master Use Permit 35 The Pruneyard ~/I. ®PERATI®NAL ST/aN®AR®S A. PARI(ING MANAGEMENT The Pruneyard operates under a shared parking concept, with parking stalls shared among the different uses of the center. Effective utilization of these stalls to provide employee parking and conveniently located customer parking is critical to its success. To limit parking and circulation issues associated with the proposed changes, the following parking management strategies shall be implemented by the Center Association. 1. Parking Management Report The Center Association shall prepare an annual parking status report to the City of Campbell to describe how valet, short-term, and employee parking is being managed and monitored. This report shall be provided to the Community Development Director no later than January 31st of each year. Z. Wayfinding and Garage Spaces Available signage The Center Association shall install additional wayfinding signs throughout the site to encourage patrons to park in [he garage. This shall include the installation of an active parking management system within the existing and expanded parking garage, including overhead stall occupancy lights and dynamic signs indicating parking stall availability per floor, upon completion of Phase 3. A proposed plan shall be provided to the Community Development Director for review and approval. 3.' Time Limited Parking The Center Association shall designate certain parking areas as "short-term" parking to optimize the use of parking spaces closest to heavily-visited tenants, such as Trader Joe's, whose customers typically park for short periods. The exact locations and time limits will be determined by agreements reached with specific tenants, and Center Association staff will refine the configuration of these spaces over time. The Center Association staff will also ensure that users of the time-limited parking spaces comply with posted time limits. An initial plan for designation of short-term parking areas shall be submitted to the Community Development Director for review and approval. If significant changes are proposed they will be reviewed with the Community Development Director prior to implementation. 4. Employee Parking To maximize the amount of parking available for retail and restaurant customers, all employees will be required to park in areas with the lowest demand for customer parking, including the upper levels of the parking garage. Employees will be provided with these requirements and reminded by posted signs. The Center Association staff will enforce these requirements. The specific design and placement of signage, types of communication, and enforcement techniques shall be provided in a plan provided to the Community Development Director for review and approval. If significant changes are proposed they will be reviewed with the Community Development Director prior to implementation. Master Use Permit 36 The Pruneyard OPERATIONAL STANDARDS 5. Accessible Parking Conveniently placed accessible parking stalls shall be provided over and above the minimum required by the California Building Code. Specifically, an additional two (2) stalls shall be provided at the end of Phase 1 A/B (in the parking areas adjacent to the main plaza) and an additional four (4) stalls at the end of Phase 3 (in the parking areas adjacent to the new retail pads). 6. Electric Vehicle Charging The Center Association shall install a minimum of twenty (20) electric vehicle charging stations throughout The Pruneyard, in location(s) proposed by the Center Association and approved by the Community Development Director. Five (5) of the stations shall be installed with the Phase 1 A/B. An additional five (5) shall be installed with Phase 3 and the final ten (10) with Phase 4. Bicycle Sharing Program Participation Should the City of Campbell establish a public bicycle sharing program, or participate in a regional public. bicycle sharing program, the Center Association shall cooperate with the City to place a bicycle sharing station within The Pruneyard for use by the general public. The location(s) will be selected by the Center Association and approved by The Community Development Director. Valet Parking Services The Center Association shall implement a valet parking program during peak demand times at the completion of Phase 2 and during phases for which the parking demarid supply analysis, prepared by Fehr & Peers, dated October 30, 2015, reflect a need for valet parking. During these phases, valet parking shall be provided at the main plaza as a complimentary service between Thanksgiving and New Year's Day. Though not required under the parking demand supply analysis, valet parking may be provided during other peak periods such as midday weekday and other similar peak parking periods. Parking attendants will shuttle vehicles to the anticipated "stacking location" area identified in the parking garage from specified valet locations, as identified below. The Center Association and Community Development Director shall meet six (6) months after the valet service begins, to refine the system operation, stacking location, and hours of operation. ' b ' m ~,y .__ '- ,_ , «.. - ~, ~! tea, :r7.r - ~ 1 w 1 ~ .~ . 1--f - i ~ f ^ ~ X { 4 t ,~ ~~ ~ ' , s r _ ~µ ` ~^',~ki- ~ ' ao Tg ~ 4 I ,° xia,~ _ ~ .. a~ cr" i.~S :" i u }}ff yy3~$ 3 ( ; i ~' ~ tom, 1 : i~ ~~~~ 7 # , _ .. ` u. .., _ ~. 7 ji ~ e a ~ ( _ 1 ~: {~ II 0 t k ' ~ 1N F~ I r A }~y ` ~ `7 I I ^..I iii Master Use Permit 37 The Pruneyard OPERATIONAL STANDARDS B. TRANSPORTATION DEMAND MANAGEMENT (TDM) PLAN TheCenterAssociation shall implement a Transit Demand Management (TDM) program upon issuance of building permits for'Phase 1 A/B' of the project, except where noted. There are numerous strategies that can be used to encourage employees to use modes of transportation other than driving alone and thereby reduce the number of vehicle - trips generated by an office development. Some strategies can be incorporated into a project's design to support multiple modes of travel such as locating building entrances near transit stops, providing ample bicycle parking, and providing amenities on-site. Others are policies and programs that are provided by individual employers and building managers, such as subsidized transit passes to encourage transit use and carpool matching services to support carpools. 1. Summary of Measures The TDM measures and strategies for existing (Tower 1, Tower 2, and Pruneyard Place) and approved (Building'Ol') office buildings are summarized in Table VI-1, below. The measures that are incorporated into the building and site design are presented first, followed by the measures that would be implemented by the Center Association. A third set of.measures that would be implemented by future tenants and supported by the Center Association are added at the end. Many of these measures are described in more detail after the table. TABLE VI-I-TRANSIT DEMAND MANAGEMENT (TDM) MEASURES TDM MEASURE DESCRIPTION Building and Site Design Measures }Hower racllltles antl clothes lockers are rovided for em to ees who Showers/clothes lockers* vvalk and bike to work p p y Bicycle parking facilities support bicycling as a mode choice. Secure Bicycle parking (short+long parking for bicycles will be provided in the parking structure. The term) and bicycle repair station* secure parking area will include a DIY bicycle repair station. Short- term bicycle parking racks are also provided. Designated carpool/vanpool Carpool and vanpool spaces will be designated near building parking spaces entrances in order to encourage ridesharing Property Management Provided Measures A transportation Coordinator will be identified by the Center Association among the Pruneyard property management team and is Transportation Coordinator responsible for marketing, implementing, evaluating, and revising the TDM program. They oversee TDM promotional activities and provide support for employers at office space within The Pruneyard. TDM Promotional Activities A variety of strategies, including • New employee information packets: Introduces new employees to the TDM • program to establish commute options early. • Flyers, posters, email}: Ways to keep the TDM message in front of employees on a regular basis. • Transportation .fairs: Transportation fairs provide alternative mode information in a fun event. • Bike-to-work day: A regional event to encourage bicycle commuting. • Transit riders guide: A guide with transit routes and schedules to the site. Master Use Permit 38 The Pruneyard OPERATIONAL STANDARDS TABLE VI-I-TRANSIT DEMAND MANAGEMENT (TDM) MEASURES TDM MEASURE - DESCRIPTION Bicycle programs: Encourage employees to bike to work and may include mapping routes, creating biking groups or buddies, and providing financial incentives. Commuter Information Website A website and an on-site kiosk for transit and commute alternatives and Information Board information. Employees who use transit, carpools, or vanpools will be reimbursed Guaranteed ride home for a taxi or carshare ride home in case of emergency or if they need program* to work late. Ridesharing (Carpool/vanpool) Rideshare matching programs help carpools and vanpools to form by Programs matching drivers and passengers. Employees who bike or walk or use transit, carpools, or vanpools can utilize a car share vehicle located on site for errands or meetings, Car share spaces on site* such as ZipCar or similar provider, if providers are interested in placing vehicles in The Pruneyard. Tenant Provided Measures The IRS permits employees to withdraw up to $255 per month in pre-tax wages to cover transit, vanpool, and train station parking Pre-tax Commuter Benefits costs. Lower amounts can be deducted for bicycle-related expenses. The Transportation Coordinator will provide advice and support for employers seeking to offer pre-tax commuter benefits. Flexibility in the hours and location of work is common among Silicon Telecommuting/Flextime/ Valley employers. The Transportation Coordinator will provide advice Compressed workweek and support for employers seeking to offer telecommuting, flextime and/or compressed work weeks to their employees. *Measures to be implemented with Phase 4 completion. 2. Description of Measures In addition to the Building and Site Design attributes that contribute to and support walking, bicycling, ridesharing, and transit use and reduce traffic to the site, the. Center Association will provide the measures that would be most effective in meeting the TDM goal. The TDM Plan would be overseen by a Transportation Coordinator. The role and responsibility of the TDM Coordinator and other components of the plan are described below. a) Transportation Coordinator A Transportation Coordinator will be identified by the Center Association among the property management team to oversee and promote the TDM Plan. The Transportation Coordinator would develop an on-site transportation information center and website to provide information regarding commute alternatives. The Transportation Coordinator may provide information via new employee orientation packets, flyers, posters, email, and/or educational programs. The Transportation Coordinator's role also includes actively marketing alternative mode use, administering a carpool and vanpool matching program, developing pedestrian and bicycle programs, and promoting special programs such as Bike-to-Work Day or Carpool Week. The Transportation Coordinator can notify employees of Spare the Air days (as declared for the Bay Area region) and associated transit promotions. Prizes may be offered for non- single-occupant vehicle (SOV) travel on these days to encourage participation. The Transportation Coordinator may offer prizes as incentives for ridesharing, using transit, bicycling, and walking. Master Use Permit 39 The Pruneyard OPERATIONAL STANDARDS b) TDM Promotional Activities There are many items that can be categorized as general promotional programs that are used to provide information regarding non-solo driving modes and to create excitement around using alternative modes. These programs would be administered by the Transportation Coordinator. • New employee information packets - Outline alternative transportation options and an orientation program, which explains the importance and benefits of using alternative transportation modes, and any incentives provided by employers, such as commuter checks, ECO Passes, etc. • Flyers, Posters, and Emoils -That advertise commute options and special activities such as Bike-to-Work Day and provide frequent information about the importance of TDM. • Transportation Fairs -Usually includes booths/tables sponsored by transit agencies and bicycle advocacy groups with information on commute options, and can include demonstrations on bicycle riding tips and bicycle repairs, and raffles for bus tickets, transit passes, water bottles, bike helmets, etc. • Bike-to-Work Day - A regional event to introduce bicycle commuting can get people to start bicycling more frequently. Transit Riders Guide - An informational guide on how transit pay systems operate, bus routes and stop locations, etc. to make riding transit more familiar. Bicycle Programs - A variety of measures to encourage employees to cycle to work. Bicycle programs include maps of bicycle facilities in the area, which can be annotated to describe the cycling conditions, bicycling buddies/groups (bike commuters with common bike routes), and promotional bicycle support items such as water bottles and Lire patch kits. c) Commuter Information Website and Information Board Information on shuttles, Caltrain, ACE, VTA bus and LRT service, carpool and vanpool organizations, bicycle routes, and other transportation options will be provided on The Pruneyard website. Information kiosks or boards will also be located in building lobbies. The Transportation Coordinator would be in charge of updating information. Individual tenants may also post commuter information in their employee break rooms or other common gathering areas. d) Guaranteed Ride Home Program A common reason that employees do not use alternative modes (i.e., carpool, vanpool, or transit) is the inability to leave work unexpectedly for a family emergency or the fear of being stranded if they need to work late. One TDM element that allays these fears is a Guaranteed Ride Home program. With this program, employees can use a taxi service, rental car, or other means to get home, and the employer pays for the service. Employees who wish to use the service would contact the Transportation Coordinator or other designated person to make the travel arrangements. e) Ridesharing (Carpool/Vanpool) Programs Carpools in the Bay Area consist of two or more people riding in one vehicle for commute purposes. Vanpools provide similar commuting benefits as carpools, though a vanpool consists of seven to 15 passengers, Master Use Permit 40 ~ The Pruneyard OPERATIONAL STANDARDS including the driver, and the vehicle is either owned by one of the vanpoolers or leased from a vanpool rental company. The Transportation Coordinator can provide an Internet link to the511.org Rideshare website to access ride matching services. The Transportation Coordinator can also administer an on-site carpool and vanpool matching service for employees, either using a private database or via peer-to-peer matching programs such as Scoop, Carma, or TwoGo. A list of available vanpools that provide service between The Pruneyard and various points in the Bay Area can also be provided. f) Car Share Spaces on Site Car sharing provides an on-demand access to shared vehicles on-site on an as-needed basis, providing alternative mode commuters a means for day trips. The property manager will work with car sharing companies that have a South Bay presence, such as Zipcar, to locate vehicles on site and to dedicate parking spaces for car share vehicles. g) Pre-tax Commuter Benefits The IRS permits employees to withdraw up to $255 per month in pre-tax wages to cover transit, vanpool, and train station parking costs (amount determined by the IRS (IRS Tax Code Section 132(f) - Qualified Transportation Fringe)). Lower amounts can be deducted for bicycle- related expenses. The Transportation Coordinator will provide advice and support for employers seeking to offer pre-tax commuter benefits. 511.org also has an outreach program to help employers get started. h) Telecommuting and Alternative Work Schedules Allowing employees to work off-site and providing them with the necessary infrastructure, i.e., Internet access and internal data access, reduces the number of vehicle trips entering and exiting the site and on the roadway system. Flextime options such as compressed workweeks and alternative work hours can allow employees to make better use of transit and/or reduce the number of days they travel to the office and/or move vehicle travel outside of the peak periods. The Transportation Coordinator will provide advice and support for employers seeking to offer telecommuting, flextime and/or compressed work weeks to their employees. C. TRIP MONITORING A trip generation study that determines the volume of trips generated by the project shall be conducted on at least a biennial basis. The trip generation study will be conducted by a traffic engineering firm employed by the City and funded-contract cost and an administrative fee as determined by the Schedule of Fees and Charges-by the Center Association. The data collected from the study will be shared with VTA as part of the CMP Monitoring and Conformance Program. The monitoring counts will consist of AM and PM peak period (i.e., 7:00 am to 9:00 am and 4:00 pm to 6:00 pm) turning movement counts at all of the driveway intersections serving The Pruneyard. The counts will include counts of all vehicles turning to and from The Pruneyard as well as through traffic traveling through the intersections. The counts will be conducted every two years beginning with the completion of Phase 1 A/B until five years after the issuance of certificate of occupancy for each project phase. The data will be tabulated to determine the peak one-hour of traffic volume and the volume of traffic entering and exiting the Pruneyard during this period will be tabulated. The monitoring report will include a comparison with traffic counts collected during previous monitoring periods. Master Use Permit 41 The Pruneyard OPERATIONAL STANDARDS The Center Association shall also be required to conduct employee surveys of workers in the office buildings to assess commute mode share, use oftelecommuting/flextime, and other relevant measures. The survey will be conducted both before and after the TDM program is implemented to assess the program's effectiveness. The survey shall be conducted annually beginning with the completion of Phase 1 A/B.until five years after the issuance of certificate of occupancy for the each project phase. D. SECURITY The Center Association shall develop and implement a security plan for The Pruneyard, which may include security patrols, video surveillance, and emergency assistance stations, as necessary to protect customers and employees. E. SPECIAL EVENTS Special Events within the Main Plaza and other areas within The Pruneyard may be allowed by this section. 1. Main Plaza Closures The Center Association may close off the Main Plaza to vehicular traffic to accommodate special events, including but not limited to farmer's markets, food/bridal/craft fairs, live music and dancing festivals, holiday activities, wine/beer walks, and outdoor sales. a) Special Event Closures At least four (4) weeks prior to a special event, the Center Association shall provide the Community Develdpment Director with a detailed plan indicating the purpose, extent, duration, frequency, security measures, and anticipated occupancy of the proposed event. Within two (2) weeks of submittal, the Community Development Director, upon review by the Building Official, Fire District Chief, and Police Chief, shall approve the event by issuance of a Zoning Clearance subject to reasonable restrictions to protect the public health and safety. The City approval for a specific special event closure (e.g., farmer's market) shall allow for the reoccurrence of the same event without additional approval unless changes to the event plan are proposed. A filing fee, as established by the Schedule of Fees and Charges, shall be due for all special event requests. Approved special event closure plans shall be included within APPENDIX F (Special Event Closure Plans). b) Weekend Closures The Center Association may close off the Main Plaza to vehicular traffic for no more than twelve (12) weekends (Saturday and Sunday) per year, exclusive of closures related to an approved special event. c) Circulation Adequate circulation patterns for proper traffic flow and emergency vehicle access shall be provided at all times for main plaza closures, as depicted by the exhibit below. The Community Development Director may require changes to the circulation plan when necessary to protect the public health and safety. Master Use Permit 42 The Pruneyard OPERATIONAL STANDARDS r. j~ { t _ - - ~ . ... ~ ~ '~ - ~ ~ it { ~ ,~ - ..«. I. 11 ~ ~. ((( ~~_ ' I ~c~.«- ~'v ~M i ~ ~ Nit i ~ r , f t s s r k [~~ ~..aR ; ~ h {, 1. ~'~ '1 j rl~ ,. ~~~~ ,, fy ,. v r .y _t {/ "t ...J~ ` 2. Temporary Events and Activities The Main Plaza is intended to accommodate the majority of special events within The Pruneyard. Other temporary events and activities not within the Main Plaza are intended to be minor and incidental, such as a "pop-up" tent restaurant,~blood drive, and other similar activities for a period not to exceed one (1) week over a three (3) month "seasonal" period. The Community Development Director may approve a temporary event or activity by issuance of a Zoning Clearance if the event or activity is consistent with the allowable land uses as provided for in Part V (Land Use Controls) and does not occupy parking areas, unless otherwise approved by the Community Director (upon a finding that adequate alternative parking arrangements, such as valet, have been made). A filing fee, as established by the Schedule of Fees and Charges, shall be due for each temporary use request. F. PROPERTY MAINTENANCE In compliance with Campbell Municipal Code Section 21.16.110 (Site Maintenance), The Pruneyard shall be maintained in good order by the Owner and the Center Association. This shall include ensuring that the parking lot is kepi in a neat and clean condition, free of trash, debris or rubbish, and free of potholes, sinkholes, deep puddles, cracks, and/or significant broken areas; that fences and walls are kept and maintained in good repair and free of graffiti; that landscaped areas are kept in a neat and clean condition, substantially free of debris and dead, diseased or dying vegetation; that buildings are routinely painted and repaired as necessary, and that furniture is maintained in good order. G. REFUSE ENCLOSURES There are four (4) locations of garbage enclosures which serve all uses within The Pruneyard. These Facilities will be the responsibility of the Center Association and they will collectively be maintained in a sanitary and clean manner. All businesses will have equal use to them and they shall be emptied so as not to impede the use by all parties. If significant changes to the refuse collection approach are proposed, the changes shall be reviewed with the Community Development Director prior to implementation. Master Use Permit 43 The Pruneyard Vlla ®EFI~IITIOIVS A. PURPOSE AND APPLICABILITY The meaning of terms used in the Master Use Permit shall be as defined by Campbell Municipal Code (CMC) Section 21.72.020 (Definitions of specialized terms and phrases), except for those terms defined by Section B (Definitions of Terms), below. These definitions are intended facilitate the land use program established for The Pruneyard by the Master Use Permit. B. DEFINITIONS OF TERMS As used in [he Master Use Permit, the following terms shall be defined as follows: o Consignment Boutique means a retail store primarily engaged in selling used non- donated, second-hand merchandise, which is placed for sale within the establishment by the owner of the merchandise and upon sale of the merchandise the purchase price is divided between the establishment owner and the owner of the merchandise. Center Association means the non-profit mutual benefit corporation established by The Pruneyard's Declaration of Covenants, Restrictions and Parking Easements ("Pruneyard Declaration") that collectively represents the Owner(s) of The Pruneyard; also known as an owner's association. Dry Cleaning (Drop-off/Pick-up) means a commercial establishment that accepts and returns personal clothing for cleaning/laundering service that is conducted off- site. Late Night Hours means the hours defined for "late night activities" as defined by CMC Sec. 21.72.020. .• Owner(s) means CFEP Pruneyard LLC and any successors and assigns to a fee title interest in one of the three (3) parcels (office, retail, and hotel) that constitute The Pruneyard. .• Restaurant means a commercial establishment whose primary business is the preparation and sale of food and beverages as meal service, for consumption by customers on-site within interior dining room(s) or associated patio area. Restaurants may provide varying degrees of service, including table-, counter-, or self-service; include disposable or reusable plates and cutlery; and have stationary or unfixed seating. .• Retail Food means a'commercial establishment, whose primary business is the sale of food and beverages to customers as novelties or snacks, for consumption off-site, which may also include incidental on-site seating. Customarily, these businesses include ice cream shops, bakeries, and juice bars, which are distinguished by food and beverages served in disposable containers. Retail Medical means a retail store specializing in the sale of medical equipment and devices that also includes related medical services in an ancillary capacity, such as an eyewear store with an on-site optometrist. .• Standard Operating Hours means the operational hours other than the hours defined for "late night activities" as defined in CMC Sec. 21.72.020. The Pruneyard means the regional commercial center, consisting of retail, restaurant, service, hotel, and offices uses, generally bound by South Bascom Avenue to the east, East Campbell Avenue to the south, California State Highway 17 to the west, and the point of terminus of Campisi Way to the north. When used in the Master Use Permit, this term shall be inclusive of all parcels that constitute the commercial center. Master Use Permit 44 The Pruneyard APPEIV®ICES LIST OF APPENDICES A. Approved Development Plans B. Approved Master Sign Plan C. Declaration of Covenants, Restrictions and Easements ("Center Declaration") D. List of Entitlements Previous Entitlements E. Tenant Map F. Special Event Closure Plans Master Use Permit 45 The Pruneyard A. APPROVED DEVELOPMENT PLANS B. APPROVED MASTER SIGN PLAN C. CENTER DECLARATION D. LIST OF PREVIOUS ENTITLEMENTS Previous Land Use Permits Incorporated by Reference into the Master Use Permit: 1875 and 1995 S. Bascom Avenue: "S" 68-65: Site and Architectural Approval fora Master Plan for the 30-acre Pruneyard Commercial Complex; approved by the, Planning Commission on November 4, 1968. "S" 69-43: Site and Architectural Approval for Phase 1 of the Pruneyard Complex; approved by the Planning Commission on June 2, 1969. "S" 70-29: Site and Architectural Approval for Phase 2 of the Pruneyard Complex; approved by the Planning Commission on May 18, 1970. [PermiT # unknown]: Site and Architectural Approval for Phases 3 and 4 of the Pruneyard Complex; approved by the Planning Commission on July 20, 1970. "S" 70-47: Site and Architectural Approval for Phases 5 and 6 of the Pruneyard Complex; approved by the Planning Commission on September 8, 1970. "S" 86-03: Site and Architectural Approval fora 79-room inn; approved by the Planning Commission on March 25, 1986. "M" 86-11: Modification of Site and Architectural Approval "S" 86-03 fora 94-unit motel, restaurant, and retail space; approved by the Planning Commission on June 10, 1986. ' "S" 94-08: Site and Architectural Approval for hotel expansion and restaurant uses; approved by the City Council on February 7, 1995. "U P" 97-11: Conditional Use Permit for expansion of the Pruneyard Inn; approved by the Planning Commission on November il, 1997. 1901 5. Bascom Avenue: "SDP" 1: Special Development Permit for an 18-story office building (Tower I), approved by the City Council on January 13, 1969; "SDP" 97-O1 and "S" 97-20: Special Development Permit and Site and Architectural Approval for a new six-story office tower and four-level parking garage; approved by the City Council on January 20, 1998. 1999 5. Bascom Avenue: "SDP" 7: Special Development Permit fora 10-story office building (Tower II); approved by the City Council on January 10, 1972. . "SDP" 98-01: Special Development Permit for expansion and modification of a • previously approved parking garage; approved by the City Council June 16, 1999. Previous Land Use Permits Superseded by the Master Use Permit: 1995 5. Bascom Avenue: "UP" 89-01: Conditional Use Permit to allow an on-sale liquor license in association with The Pruneyard Inn; approved by the Planning Commission on January 24, 1989 1875 5. Bascom Avenue: "UP" 94-19: Conditional Use Permit for 18 restaurant uses; approved by the City Council on February 7, 1995; "UP" 93-02: Conditional Use Permit for allow a specialty market with a general off- saleliquor license; approved by the Planning Commission on April 13, 1993. "UP" 93-09: Conditional Use Permit to allow establishment of a restaurant with a general on-sale liquor license, outdoor seating, and late-night operational hours; approved by the Planning Commission on August 24, 1993. "UP" 96-14: Conditional Use Permit to allow establishment of a restaurant with a general on-sale liquor license, outdoor seating, and late-night operational hours; approved by the Planning Commission on December 10, 1996. "UP" 97-01: Conditional Use Permit to allow establishment of a restaurant with a general on-sale liquor license, outdoor seating, live entertainment, and late-night operational hours; approved by the Planning Commission on February 25, 1997. "UP" 99-02: Conditional Use Permit to allow establishment of a restaurant with a general on-sale liquor license and late-night operational hours; approved by the Planning Commission on June 8, 1999. .• PLN2002-26: Conditional Use Permit to reestablishment of a movie theater with on- sale beer and wine license, late-night operational hours, and outdoor seating; approved by the Planning Commission on April 23, 2002. .• PLN2007-04: Conditional Use Permit to allow a massage establishment; approved by the Planning Commission on March 13, 2007. .• PLN2011-80: Conditional Use Permit to allow establishment of a restaurant with a general on-sale liquor license and late-night operational hours; approved by the Planning Commission on May 24, 2011. PLN2012-73: Conditional Use Permit to allow establishment of a general on-sale liquor license for an existing restaurant; approved by the Planning Commission on April 24, 2012. .° PLN2013-296: Conditional Use Permit [o allow establishment of a wine bar with late-night operational hours and live entertainment; approved by the Planning Commission on November 26, 2013. 5 ~ K ~ ' nTTr:n~r r. ~ ~ I ~.-- A ~ ,~ t m- ., x ,sao ? 5°a =slf 1 ` 00 ~ ~ ~' J 11 t,..}II I n..r pYPT' fill 111 nj~ LIT TII iT ':_~ c __ I ru ~ ~ - I~ -~1 lll i I t1.i:~ik t.U.As. 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