PC Res 4391RESOLUTION NO. 4391
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL RECOMMENDING THAT THE CITY
COUNCIL APPROVE A MAJOR MODIFICATION (PLN2016-315) TO
A PREVIOUSLY APPROVED PLANNED DEVELOPMENT PERMIT
(PD 78-23) TO ALLOW THE CONVERSION OF AN EXISTING
DRIVE-THROUGH FAST-FOOD RESTAURANT TO A DRIVE-
THROUGH CAFE/RESTAURANT WITH LATE-NIGHT ACTIVITIES,
INCLUDING FACADE IMPROVEMENTS, EXPANSION OF THE
EXISTING OUTDOOR PATIO, CONSTRUCTION OF A NEW
REFUSE ENCLOSURE, AND A MINOR ALTERATION TO THE
HAMILTON AVENUE STREETSCAPE STANDARDS, FOR
PROPERTY LOCATED AT 771 W. HAMILTON AVENUE.
FILE NO.: PLN2016-315
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
The Planning Commission finds as follows with regard to file numbers PLN2016-315:
1. The project site is a vacant drive-through fast-food restaurant (former Del Taco) located
at the northeast corner of West Hamilton Avenue and Darryl Drive.
2. The project site is within the P-D (Planned Development) Zoning District and is
designated with aCommercial/Professional Office/Residential land use designation by
the General Plan.
3. The project site was developed pursuant to a Planned Development Permit (PD 78-23),
approved by City Council Ordinance No. 1223 on February 25, 1979, which allowed
construction of a 1,855 square-foot drive-through fast-food restaurant.
4. The proposed project is a Modification (PLN2016-315) to the previously approved
Planned Development Permit (PD 78-23) to allow conversion of the existing drive-
through fast-food restaurant (former Del Taco) to adrive-through cafe/restaurant
(Starbucks) with late-night activities (early morning hours), including fagade
improvements, expansion of the existing outdoor patio, construction of a new refuse
enclosure, and a Minor Alteration to the Hamilton Avenue Streetscape Standards.
5. The proposed project constitutes a Major Modification to the previously approved
Planned Development Permit because it would substantially alter the design and
specifications approved by the original site plan (PD 78-23) and would constitute a
change of use from a "fast food" restaurant to a "cafe or restaurant".
6. The proposed project would result in adrive-through cafe/restaurant with outdoor
seating and ancillary late-night activities, which is consistent with the property's
Commercial/Professional Office/Residential General Plan Land Use designation,
subject to approval of a Major Modification to the property's Planned Development
Permit.
7. The proposed project includes a reduction in seating capacity (60 seats to 44 seats),
and therefore, would not incur a greater parking demand.
Planning Commission Resolution No. 4391 Page 2 of 5
Recommending Approval of a P-D Permit Modification
PLN2016-315 ~ 771 W. Hamilton Ave.
8. The proposed project's architectural design is site-specific and reflects
recommendations made by the Site and Architectural Review Committee. As
conditioned, it is not garish or repetitive and satisfies the General Plan's (LUT-32)
discouragement against "corporate architecture".
9. The proposed project was reviewed by a traffic impact analysis (TIA) conducted by a
third-party traffic engineering consultant pursuant to the regional congestion
management program (CMP).
10.The TIA determined that the proposed project would not result in a significant impact to
intersection operations (level-of-service/LOS), neighborhood street traffic (TIRE
analysis), drive-through queuing, or on-site circulation/parking. However, the proposed
project would result in an increase to left-turn queuing from eastbound Hamilton
Avenue onto Darryl Drive and queuing along Darryl Drive north and south of Hamilton
Avenue. As a result, the City will require that the eastbound Hamilton Avenue left-turn
lane (onto Darryl Drive) be extended to accommodate additional vehicle stacking.
Additionally, Darryl Drive will be restriped to provide separated through/left-turn and
right-turn lanes and "keep clear" markings at the project driveways.
11. The proposed project included a noise assessment that determined that the project
would not result in sound levels exceeding thresholds for new residential development.
However, to minimize the potential disturbance to the adjacent residents, the project
will include an advanced drive-through speaker system that will automatically reduce
sound levels based on the ambient noise environment.
12. The proposed project includes late-night activities, specifically early morning hours of
operation. However, operation of the drive-through would be limited to a 6:00 AM start
time diminishing the potential for neighborhood disturbance.
13. The proposed project would substantially comply with the Hamilton Avenue
Streetscape Standards (i.e., 10-foot park strip, a 7-foot sidewalk, and a 10-foot private
landscaping buffer). To maintain the property's parking configuration-including
necessary stall depths and aisle way width-the project also includes a request for a
"minor alteration" to the Streetscape Standards to allow the 10-foot private landscaping
buffer to be reduced to 8-feet (which would include atwo-foot vehicle overhang). The
Streetscape Standards provide for a "minor alteration" where necessary to
"accommodate unusual site or project-related conditions". Without a reduction to the
landscape buffer, the City's requirement for additional right-of-way could not be
accommodated without compromising the property's parking configuration.
14.The proposed project will be required to install various other public improvements, in
addition to those required for traffic mitigation identified by the TIA, including
construction of a new VTA concrete bus pad, installation of trash capture devices at the
storm-drain inlets, repaving to half-street of Darryl Drive, and construction of City
accessible complaint driveways. These improvements are necessary for compliance
with applicable stormwater management and disabled accessibility laws, as well for
conformance with the General Plan, including, but not limited to, the policies and
strategies identified below.
Planning Commission Resolution No. 4391 Page 3 of 5
Recommending Approval of a P-D Permit Modification
PLN2016-315 ~ 771 W. Hamilton Ave.
15.The proposed project, as conditioned, would be consistent with the following General
Plan policies and strategies:
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.
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.
Policy LUT-9.3: 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-9.3d: 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-11.1d: 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
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.
16.In review of the proposed project, the Planning Commission considered the site
circulation, traffic congestion, and traffic safety effects of the project, 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 the off-street parking
facilities.
17.The Planning Commission further considered the landscaping design of the proposed
project, including the location, height, and material offences, walls, hedges, and screen
plantings to ensure harmony with adjacent development or to conceal storage areas,
utility installations, and other unsightly aspects of the development; the planting of
groundcover or other surfacing to prevent dust and erosion, and the preservation of
existing healthy trees.
Planning Commission Resolution No. 4391 Page 4 of 5
Recommending Approval of a P-D Permit Modification
PLN2016-315 ~ 771 W. Hamilton Ave.
18. The Planning Commission further considered the proposed project's architectural and
site layout, including the general silhouette and mass, including location on the site,
elevations, and relation to natural plant coverage, all in relationship to the surrounding
neighborhood; the exterior design in relation to adjoining structures in terms of area,
bulk, height, openings, and breaks in the facade facing the street; and appropriateness
and compatibility of the proposed uses in relation to the adjacent uses and the area as
a whole.
19. No substantial evidence has been presented which shows that the project, as currently
presented and subject to the required conditions of approval, will have a significant
adverse impact on the environment.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The proposed development or uses clearly would result in a more desirable
environment and use of land than would be possible under any other zoning district
classification;
2. The proposed development would be compatible with the general plan and will aid in
the harmonious development of the immediate area;
3. The proposed development would not be detrimental to the health, safety or welfare of
the neighborhood or of the city as a whole.
4. The establishment will not create a nuisance due to litter, noise, traffic, vandalism or
other factors;
5. The establishment will not significantly disturb the peace and enjoyment of the nearby
residential neighborhood; and
6. Conditions of Approval, are sufficient to mitigate any detrimental impacts specified that
may be caused by the late-night establishment.
7. There is a reasonable relationship and a rough proportionality between the Conditions
of Approval and the impacts of the project.
8. There is a reasonable relationship between the use of the fees imposed upon the
project and the type of development project.
9. This project is Categorically Exempt under Section 15301, Class 1 of the California
Environmental Quality Act (CEQA) pertaining to the operation, permitting, and minor
alterations of an existing private structure involving negligible or no expansion of use
beyond that existing at the time of the lead agency's determination.
Planning Commission Resolution No. 4391 Page 5 of 5
Recommending Approval of a P-D Permit Modification
PLN2016-315 ~ 771 W. Hamilton Ave.
THEREFORE, BE IT RESOLVED that the Planning Commission recommends that the
City Council approve a Major Modification (PLN2016-315) to a previously approved
Planned Development Permit (PD 78-23) to allow the conversion of an existing drive-
through fast-food restaurant (former Del Taco) to a drive-through cafe/restaurant
(Starbucks) with late-night activities (early morning hours), including facade improvements,
expansion of the existing outdoor patio, construction of a new refuse enclosure, and a
Minor Alteration to the Hamilton Avenue Streetscape Standards, for property located at
771 W. Hamilton Avenue, subject to the attached Recommended Conditions of Approval
(attached Exhibit "A").
PASSED AND ADOPTED this 11th day of July, 2017, by the following roll call vote:
AYES: Commissioners: Reynolds, Kendall, Hernandez, and Rich
NOES: Commissioners:
ABSENT: Commissioners: Rivlin and Dodd
ABSTAIN: Commissioners: Young
APPROVED: ~'~~ ~r `~// ~~'~~~
'Yvonne Kendall, Chair
ATTEST;
Paul Kermoyan, Secretary
EXHIBIT A
RECOMMENDED CONDITIONS OF APPROVAL
Modification (PLN2016-315) to a Planned Development Permit (PD 78-23)
Where approval by the Director of Community Development, City Engineer, Public Works
Director, City Attorney or Fire Department is required, that review shall be for compliance
with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws
and regulations and accepted engineering practices for the item under review. Additionally,
the applicant is hereby notified that he/she is required to comply with all applicable Codes or
Ordinances of the City of Campbell and the State of California that pertain to this
development and are not herein specified.
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
Approved Protect: Approval is granted for a Major Modification (PLN2016-315) to the
previously approved Planned Development Permit (PD 78-23) to allow the conversion of
an existing drive-through fast-food restaurant (former Del Taco) to adrive-through
cafe/restaurant (Starbucks) with late-night activities (early morning hours), including
fapade improvements, expansion of the existing outdoor patio, construction of a new
refuse enclosure, and a Minor Alteration to the Hamilton Avenue Streetscape Standards,
for property located at 771 W. Hamilton Avenue.
The Approval shall substantially conform to the Revised Project Plans, consisting of
architectural drawings prepared by KDW Salas O'Brien and civil and landscape
drawings prepared by PLS Partners, Inc., and the Color/Material Sheet stamped as
received by the Planning Division on February 23, 2017 and September 30, 2016,
respectively, except as modified by the required revisions specified by Condition of
Approval No. 6 (Plan Revisions).
2. Permit Expiration: The Modified Planned Development Permit Approval ("Approval")
shall be valid for two (2) years from the date of City Council action (expiring August 7,
2019). Within this two-year period, an application for building permit(s) must be
submitted. Failure to meet this deadline or expiration of an issued building permit will
result in the Approval being rendered void. If this Approval expires or is voided,
operation of the drive-through restaurant shall revert back to the Planned Development
Permit (PD 78-23) as approved by City Council Ordinance No. 1223.
3. Previous Conditions of Approval: Upon the effective date of this Approval, the previously
approved Conditions of Approval provided in City Council Ordinance No. 1223 shall be
void and shall permanently be superseded in their entirety by the Conditions of Approval
specified herein, except as noted by Condition No. 2 (Permit Expiration).
4. Planning Final Required: Planning Division clearance is required prior to Building Permit
final. Construction not in substantial compliance with the approved project plans shall not
be approved without prior authorization of the necessary approving body.
5. signage: No signage is approved as part of this approval. New signage shall not be
installed prior to approval of a sign permit. All signage shall be installed and maintained
consistent with the provisions of the Campbell Municipal Code.
Exhibit A -Recommended Conditions of Approval Page 2
771 W. Hamilton Ave. - Starbucks
PLN2016-315 ~ Planned Development Permit Modification
6. Plan Revisions: The construction and on-site improvements plans submitted for building
and grading permits shall incorporate the following revision(s):
a. The construction drawings shall incorporate a revised architectural design reflecting
the modifications depicted in the alternate rendering, stamped as received by the
Planning Division on June 27, 2017, including a corrugated metal rooftop screen and
matching fascia and a darker toned reclaimed wood. The patio design shall also be
modified to incorporate a revised guardrail design around the patio that includes a
wood top cap, metal stanchions and wire rails, as depicted on the alternate
rendering.
b. The on-site improvement and grading plans shall be revised to match the alternate
site plan, stamped as received by the Planning Division on June 29, 2017, to
incorporate a marked pedestrian walkway from Hamilton Avenue, a sidewalk
connection in-lieu of landscaping from the adjacent Alvin's Corner at Penny Lane
development, and a modified curve-radius at the drive-through.
c. The construction drawings shall clearly indicate that roof-mounted mechanical
equipment (i.e. air conditioning units, ventilation ducts or vents) will be completely
concealed behind the new rooftop screen. The Community Development Director
may require submittal of a sectional drawing and/or line-of-sight exhibit to
demonstrate compliance.
d. The construction drawing shall include appropriate notes and details to demonstrate
compliance with the relevant requirements of the Condition of Approval No. 9
(Operational Standards), including, but not limited to, "no smoking sign(s)", a
maximum occupancy sign, outdoor furniture details, and the drive-through speaker
system.
e. The landscaping drawings shall incorporate all necessary revisions that may be
required by Condition of Approval No. 7 (Water Efficient Landscape Ordinance).
f. A photometric plan, as required by Condition of Approval No. 8 (on-site lighting) shall
be included within the construction drawings.
g. The adopted City Council Resolution, including these Conditions of Approval, shall
be included in full behind the coversheet of the construction drawings.
Compliance with these requirement(s) and plan revision(s) shall be subject to the
satisfaction of the Director of Community Development.
7. Water Efficient Landscape Ordinance: As a new construction project with a total project
landscape area equal to or greater than 500 square feet, this project is subject to the
2015 California Model Water Efficient Landscape Ordinance (MWELO). This document
is available at: h~://www.cityofcampbell.com/DocumentCenter/View/176 or on the
Planning Division's Zoning and Land Use webpage through www.cityofcampbell.com.
Exhibit A -Recommended Conditions of Approval Page 3
771 W. Hamilton Ave. - Starbucks
PLN2016-315 -Planned Development Permit Modification
The building permit application submittal shall include Planting and Irrigation Plans that
demonstrate compliance with the applicable requirements and include the following:
a. A Landscape Documentation Package prepared by a licensed landscape
architect demonstrating compliance with the full MWELO requirements. Note that
a Certificate of Completion will be required prior to permit final.
b. A completed Water Efficient Landscape Worksheet (Appendix B of MWELO)
within the plan set and provide a separate 8.5 x 11 hard copy or a pdf via email to
the project planner.
c. A completed Landscape Information Form.
d. A note on the Cover Sheet in minimum 1/2" high lettering stating "Planning Final
Required. The new landscaping indicated on the plans must be installed prior to
final inspection."
8. On-Site Lighting: On-site lighting shall be shielded away from adjacent properties and
directed on site. The design and type of lighting fixtures and lighting intensity of any
proposed exterior lighting for the project shall be reviewed and approved by the
Community Development Director for compliance with the Campbell Lighting Design
Standards (CMC Sec. 21.18.090) as demonstrated by a photometric plan to be included
within the construction plans submitted for a building permit.
9. Operational Standards: Operation of the approved drive-through cafe/restaurant
pursuant to the Modified Planned Development Permit approved herein shall conform to
the following operational standards. Significant deviations from these standards (as
determined by the Community Development Director) shall require approval of the City
Council upon recommendation of the Planning Commission.
a. Approved Use: The approved use is a "restaurant or cafe" with a "drive-
through" and "outdoor seating", and ancillary "late night activities," as defined
by the Campbell Municipal Code and limited by the operational standards
listed herein. At no time shall the restaurant be operated as a "fast food"
restaurant.
b. Restaurant Seating/Patron Occupancy: Total indoor patron occupancy shall
be limited to twenty (20) seated persons, subject to the maximum occupancy
capacities of certain rooms as determined by the California Building Code
(CBC), excluding those waiting for service. It is the responsibility of the
business owner to provide adequate entrance controls to ensure that patron
occupancy is not exceeded.
c. Maximum Occupancy Sign: The business owner shall install a maximum
occupancy sign of a size to be determined by the Community Development
Director, conspicuously posted within the premises, which shall include the
maximum occupancy noted herein and include a visual depiction of the floor
plan contained in the Revised Project Plans.
d. Queuing Management Plan: A queuing management plan, demonstrating
how an excess drive-through queue will be managed on-site shall be prepared
Exhibit A -Recommended Conditions of Approval Page 4
771 W. Hamilton Ave. - Starbucks
PLN2016-315 -Planned Development Permit Modification
to the satisfaction of the Community Development Director prior to issuance of
building permits. Once approved, the owner/operator shall adhere to the
queuing management plan.
e. Hours of Operation: Hours of operation shall be as follows. By the end of the
latest 'Business Hours' all patrons shall have exited the restaurant. By the end
of the 'Operational Hours' all employees shall be off the premises.
Business Hours (Interior): 5:00 AM to 9:00 PM, Sunday -Thursday
5:00 AM to 10:00 PM, Friday -Saturday
Business Hours (outdoors): 6:00 AM to 9:00 PM, Sunday -Thursday
(Patio/Drive-through) 6:00 AM to 10:00 PM, Friday -Saturday
Operational Hours (staff): 4:00 AM to 10:00 PM, Sunday -Thursday
4:00 AM to 11:00 PM, Friday -Saturday
f. Outdoor Seating: Outdoor seating shall be subject to the following standards:
i. Outdoor seating shall be limited to the expanded patio area along the
Darryl Drive side of the property as depicted on the Approved Project
Plans.
ii. Total outdoor patron occupancy shall not exceed twenty-four (24) seats.
iii. The design, make, and location of all furniture (chairs, tables, and
umbrellas, barriers, etc.) shall substantially conform to the outdoor
furniture details submitted to the Planning Division on February 24,
2017, except that umbrellas shall not have wording, logos, or other
signage. All changes shall be subject to review and approval by the
Community Development Director.
iv. During non-business hours, chairs and tables shall be stacked, stored
inside, or otherwise secured to prevent unauthorized use
v. All outdoor furniture shall be kept clean and in good repair and replaced
and/or fixed as necessary.
vi. Exterior heaters shall be electric or natural gas; propane heaters are
prohibited.
g. Smoking: "No Smoking" signs shall be posted on the premises in compliance
with CMC Sec. 6.11.060.
h. Drive-Through Speaker System: The drive-through speaker system shall
incorporate the Automatic Volume Control (AVC) feature referenced in the
noise assessment prepared by Charles M Salter, dated January 11, 2017 for
this project.
i. Noise: Unreasonable levels of noise, sounds and/or voices, including but not
limited to the drive-through speaker, indoor amplified sounds, indoor loud
speakers, sounds from indoor audio sound systems, and/or indoor public
address system, generated by the establishment shall not be audible to a
person of normal hearing capacity from outside the enclosed restaurant. In the
Exhibit A -Recommended Conditions of Approval Page 5
771 W. Hamilton Ave. - Starbucks
PLN2016-315 ~ Planned Development Permit Modification
event verified complaints are received by the City regarding such noise, the
Community Development Director may immediately curtail the Hours of
Operation, including specifically the hours for use of the drive-through,
pursuant to Condition of Approval No. 10 (Revocation of Permit).
j. Trash Disposal and Clean-Up: All trash, normal clean up, carpet cleaning,
etc. shall occur during the approved `Operational Hours'. Refuse and recycling
receptacles shall be kept within the enclosure except during collection in
compliance with Chapter 6.04 of the Campbell Municipal Code.
k. Deliveries: All deliveries shall occur during the approved 'Business Hours'.
I. Live Entertainment: No live entertainment is permitted as part of the Modified
Planned Development approval, including live music, disc jockey, karaoke,
and dancing.
m. Alcohol Beverage Service: No alcohol beverage service is permitted as part
of the Modified Planned Development approval.
n. Loitering: There shall be no loitering allowed outside the business and within
the outside dining area. The business owner is responsible for monitoring the
premises to prevent loitering.
o. Outdoor Cooking: No outdoor cooking is permitted in association with the
establishment.
p. Property Maintenance: The owner/operator of the subject property shall
maintain all exterior areas of the business free from graffiti, trash, rubbish,
posters and stickers placed on the property. Exterior areas of the business
shall include not only the parking lot and private landscape areas, but also
include the public right-of-way adjacent to the business.
q. Landscape Maintenance: All landscaped areas shall be continuously
maintained in accordance with City Landscaping Requirements (CMC Sec.
21.26). Landscaped areas shall be irrigated so as to maintain healthy plants.
Landscaped areas shall be kept free of weeds, trash, and litter. Dead or
unhealthy plants shall be replaced with healthy plants of the same or similar
type.
r. Outdoor Storage: No outdoor storage is permitted on the subject property.
No equipment, materials or business vehicles shall be parked and/or stored
outside the building or within the parking lot.
s. Parking and Driveways: All parking and driveway areas shall be maintained
in compliance with the standards provided in CMC Ch. 21.28 (Parking and
Loading). Parking spaces shall be free of debris or other obstructions.
10. Revocation of Permit: Operation of the drive-through cafe/restaurant with outdoor
seating and ancillary late-night activities pursuant to the Modified Planned Development
approved herein is subject to Sections 21.68.020, 21.68.030 and 21.68.040 of the
Campbell Municipal Code authorizing the appropriate decision making body to modify or
revoke a land use permit if it is determined that hours of operation, outdoor seating,
and/or drive-through operation has become a nuisance to the City's public health, safety
Exhibit A -Recommended Conditions of Approval Page 6
771 W. Hamilton Ave. - Starbucks
PLN2016-315 -Planned Development Permit Modification
or welfare or for violation of the Modified Planned Development Permit or any standards,
codes, or ordinances of the City of Campbell. The business owner shall be obligated to
cover the actual cost of all staff time associated with revocation proceedings. This
obligated may be enforced by the City as permitted by law.
At the discretion of the Community Development Director, if the establishment generates
three (3) verifiable complaints related to violations of conditions of approval, including
noise and hours operation within a six (6) month period, a public hearing before the City
Council upon recommendation of the Planning Commission may be scheduled to
consider modifying conditions of approval or revoking the Modified Planned
Development Permit. The Community Development Director may commence
proceedings for the revocation of the Modified Planned Development Permit upon the
occurrence of less than three (3) complaints if the Community Development Director
determines that the alleged violation warrants such an action. The Director may also at
such time immediately restrict the establishment's hours of operation including
specifically the hours for use of the drive-through. In exercising this authority, the
decision making body may consider the following factors, among others:
a. The number and types of Police Department calls for service at or near the
establishment that are reasonably determined to be a direct result of the
business;
b. The number of complaints received from residents, business owners and other
citizens concerning the operation of an establishment; and
c. Observed violations of conditions of approval.
Building Division
11. Construction Activities: The applicant shall abide by the following requirements during
construction:
a. The project site shall be posted with the name and contact number of the lead
contractor in a location visible from the public street prior to the issuance of building
permits.
b. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00 p.m.
and Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take place on
Sundays or holidays unless an exception is granted by the Building Official.
c. All construction equipment with internal combustion engines used on the project site
shall be properly muffled and maintained in good working condition.
d. Unnecessary idling of internal combustion engines shall be strictly prohibited.
e. 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.
f. Use standard dust and erosion control measures that comply with the adopted Best
Management Practices for the City of Campbell.
Exhibit A -Recommended Conditions of Approval Page 7
771 W. Hamilton Ave. - Starbucks
PLN2016-315 ~ Planned Development Permit Modification
12. Permits Required: A building permit application shall be required for the proposed
Tenant Improvements to the (e) vacant commercial space. The building permit shall
include Electrical/Plumbing/Mechanical fees when such work is part of the permit.
13. Size of Plans: The minimum size of construction plans submitted for building permits
shall be 24 in. X 36 in.
14. Plan Preparation: This project requires plans prepared under the direction and oversight
of a California licensed Engineer or Architect. Plans submitted for building permits shall
be "wet stamped" and signed by the qualifying professional person.
15. Site Plan: Application for building permit shall include a competent site plan that
identifies property and proposed structures with dimensions and elevations as
appropriate. Site plan shall also include site drainage details. Site address and parcel
numbers shall also be clearly called out. Site parking and path of travel to public
sidewalks shall be detailed.
16. Title 24 Energy Compliance: California Title 24 Energy Standards Compliance forms
shall be blue-lined on the construction plans. Compliance with the Standards shall be
demonstrated for conditioning of the building envelope and lighting of the building.
17. Special Inspections: When a special inspection is required by C.B.C. Chapter 17, the
architect or engineer of record shall prepare an inspection program that shall be
submitted to the Building Official for approval prior to issuance of the building permits, in
accordance with C.B.C Chapter 1, Section 106. Please obtain City of Campbell, Special
Inspection forms from the Building Inspection Division Counter.
18. Non-Point Source: The City of Campbell, standard Santa Clara Valley Non-point Source
Pollution Control Program specification sheet shall be part of plan submittal. The
specification sheet (size 24" X 36") is available at the Building Division service counter.
19. Title 24 Accessibility -Commercial: On site general path of travel shall comply with the
latest California Title 24 Accessibility Standards. Work shall include but not be limited to
accessibility to building entrances from parking facilities and sidewalks.
20. Title 24 Accessibility -New Commercial: On site general path of travel shall comply with
the latest California Title 24 Accessibility Standards. Work shall include but not be limited
to accessibility to building entrances from parking facilities and public sidewalks.
21.Approvals Required: The project requires the following agency approval prior to
issuance of the building permit:
a. West Valley Sanitation District
b. Santa Clara County Fire Department
c. City of San Jose Department of Environmental Services
d. Santa Clara County Department of Environmental Health
Exhibit A -Recommended Conditions of Approval Page 8
771 W. Hamilton Ave. - Starbucks
PLN2016-315 -Planned Development Permit Modification
22. P.G.& E.: Applicant is advised to contact Pacific Gas and Electric Company as early as
possible in the approval process. Service installations, changes and/or relocations may
require substantial scheduling time and can cause significant delays in the approval
process. Applicant should also consult with P.G. and E. concerning utility easements,
distribution pole locations and required conductor clearances.
23. Storm Water Requirements: Storm water run-off from impervious surface created by this
permitted project shall be directed to vegetated areas on the project parcel. Storm water
shall not drain onto neighboring parcels.
PUBLIC WORKS DEPARTMENT
The scope of this project triggers the requirement for Frontage Improvements as required by
Campbell Municipal Code 11.24.040. The applicant will be required to improve the West
Hamilton Avenue and Daryll Drive frontages as detailed below. The City of Campbell's
adopted Streetscape Standards identify this portion of Hamilton Avenue as an Image Street
with very specific frontage improvement requirements as shown on page 9 of the document.
The Streetscape Standards can be viewed here:
(http://www.cityofcampbell.com/DocumentCenter/View/168).
These Conditions of Approval are a supplement to the plans prepared by KDW
SALASO'BRIEN dated February 23, 2017. The plans are not approved for construction.
Further plan checking by Public Works will be required post entitlement.
24. Construction Drawings: The applicant shall submit the required Street Improvement
Plans and the Street Dedication directly to the Public Works Department prior to, or
concurrent with the Building permit application. Said application shall include the
following:
a. Response Letter: Upon submittal of the Street Improvement Plans and the Street
Dedication, the applicant shall provide an itemized response letter verifying that
all the Public Works Conditions of Approval have been met or addressed.
b. Submittal Requirements: The checklist for the various plans required for
submittal can be found on the City's Website at City Services-Public
Works-Engineering-Land Development-Documents, (or use this link:
http://www.cityofcampbell.com/206/Documents). See instructions on:
i. Checklist for Street Dedication
ii. Checklist for Street Improvement Plans
25. Right-of-Way for Public Street Purposes: Prior to issuance of any building permits for
the site, the applicant shall fully complete the process to cause additional right-of-way to
be granted in fee for public street purposes along the West Hamilton Avenue frontage to
accommodate the required Image Street improvements, unless otherwise approved by
the City Engineer. The applicant shall submit the necessary documents for approval by
the City Engineer, process the submittal with City staff's comments and fully complete
the right-of-way process. The applicant shall cause all documents to be prepared by a
registered civil engineer/land surveyor, as necessary, for the City's review and
recordation.
Exhibit A -Recommended Conditions of Approval Page 9
771 W. Hamilton Ave. - Starbucks
PLN2016-315 _ Planned Development Permit Modification
26. Stormwater Pollution Prevention Measures: Prior to issuance of any building permits,
the applicant shall comply with the National Pollution Discharge Elimination System
(NPDES) permit requirements, Santa Clara Valley Water District requirements, and the
Campbell Municipal Code regarding stormwater pollution prevention. The primary
objectives are to improve the quality and reduce the quantity of stormwater runoff to the
bay.
Resources to achieve these objectives include Stormwater Best Management Practices
Handbook for New Development and Redevelopment ("CA BMP Handbook") by the
California Stormwater Quality Association (CASQA), 2003; Start at the Source: A
Design Guidance Manual for Stormwater Quality Protection ("Start at the Source") by the
Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using
Site Design Techniques to Meet Development Standards for Stormwater Quality: A
Companion Document to Start at the Source ("Using Site Design Techniques") by
BASMAA, 2003.
27. Tree Removal(s): To accommodate the required streetscape plan two Magnolia trees
and one Pistache tree will be removed as part of this project. Two Shumard Oak
(Quercus shumardii) trees and three Australian Willow (Geijera parviflora) trees will be
installed to replace the trees removed.
28. Street Improvement Agreements /Plans /Encroachment Permit /Fees /Deposits: Prior
to issuance of any building permits, the applicant shall execute a street improvement
agreement, cause plans for public street improvements to be prepared by a registered
civil engineer, pay various fees and deposits, post security and provide insurance
necessary to obtain an encroachment permit for construction of the standard public
street improvements, as required by the City Engineer. The plans shall include the
following, unless otherwise approved by the City Engineer:
W. Hamilton Ave.
a. Show location of all existing utilities within the new and existing public right of
way.
b. Relocation of all existing utilities including utility boxes, covers, poles, etc. outside
of sidewalk area. No utility boxes, covers, etc. will be allowed in the sidewalk
area.
c. This project is subject to the City's streetscape Standards for Hamilton Avenue,
which requires a 10 foot landscaped park strip and a 7 foot sidewalk.
d. Installation of Accessible complaint curb ramp at the northeast corner of W.
Hamilton Avenue and Darryl Drive.
e. Installation of landscaping and irrigation in new landscaped park strip consistent
with the existing Penny Lane streetscape landscaping.
f. Plant three (3) new 36" box Australian Willow (Geijera parviflora) trees, two in the
approximate location of the existing Pistache tree that is to be removed, and the
other in the approximate location of the previously removed Geijera tree nearest
the shared driveway with Penny Lane. New trees shall be shown planted in the
center of the ten foot planting strip to avoid future damage from buses and other
Exhibit A -Recommended Conditions of Approval Page 10
771 W. Hamilton Ave. - Starbucks
PLN2016-315 -Planned Development Permit Modification
vehicles using the outside travel lane. All park strip landscaping, including trees,
to be tied into on-site irrigation system.
g. Installation of a VTA standard 12'x55' bus pad (PCC pavement) adjacent to the
existing bus stop.
h. Extend eastbound left turn pocket on Hamilton Avenue at Darryl Drive by 70 feet
as identified in project's TIA.
i. Installation of full trash capture device in existing storm drain inlet.
j. Installation of traffic control, stripes and signs
k. Construction of conforms to existing public and private improvements, as
necessary.
Darryl Drive
I. Show location of all existing utilities within the existing public right of way.
m. Relocation of all existing utilities including utility boxes, covers, poles, etc. outside
of sidewalk area. No utility boxes, covers, etc. will be allowed in the sidewalk
area.
n. Removal and reconstruction of existing driveway approach on Darryl Drive to be
Accessible compliant.
o. Removal of existing street section to centerline.
p. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway
approach. Installation of engineered structural pavement section to centerline, as
required by the City Engineer.
q. Plant two (2) new 36" box Shumard Oak (Quercus shumardii) trees, in the
approximate locations of the existing Magnolia trees that are to be removed. New
trees shall be shown planted in the center of the five foot planting strip along
Darryl Drive. All park strip landscaping, including trees, to be tied into on-site
irrigation system.
r. Installation of asphalt concrete overlay per street pavement restoration plan for
utility installation and/or abandonment, as required by the City Engineer.
s. Installation of traffic control, stripes and signs, including the following as identified
in the project's TIA:
"Keep Clear" markings in southbound direction at the project driveways.
ii. Red curb on northbound and southbound approaches of Darryl Drive
within 150 feet of Hamilton Avenue to accommodate restriping as
detailed below.
iii. Restripe both northbound and southbound approaches of Darryl Drive to
Hamilton Avenue to include one right-turn lane and one left-through lane.
t. Construction of conforms to existing public and private improvements, as
necessary.
u. Submit final plans in a digital format acceptable to the City.
Exhibit A -Recommended Conditions of Approval Page 11
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PLN2016-315 ~ Planned Development Permit Modification
29. Street Improvements Completed for Occupancy and Building Permit Final: Prior to
allowing occupancy and/or final building permit signoff for any and/or all buildings, the
applicant shall have the required street improvements and pavement restoration
installed and accepted by the City, and the design engineer shall submit as-built
drawings to the City.
30. Maintenance of Landscaping: Owner(s), current and future, are required to maintain the
landscaped park strip and tree wells in the public right of way. This includes, but is not
limited to: trees, lawn, plantings, irrigation, etc. Trees shall not be pruned in a manner
that would not allow the tree to grow to a mature height.
31. Utility Encroachment Permit: Separate encroachment permits for the installation of
utilities to serve the development will be required (including water, sewer, gas, electric,
etc.). Applicant shall apply for and pay all necessary fees for utility permits for sanitary
sewer, gas, water, electric and all other utility work.
32. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and
sewer cleanout(s) shall be relocated or installed on private property behind the public
right-of-way line.
33. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant
shall submit a utility coordination plan and schedule for approval by the City Engineer for
installation and/or abandonment of all utilities. The plan shall clearly show the location
and size of all existing utilities and the associated main lines; indicate which utilities and
services are to remain; which utilities and services are to be abandoned, and where new
utilities and services will be installed. Joint trenches for new utilities shall be used
whenever possible.
34. Pavement Restoration: Based on the utility coordination plan, the applicant shall
prepare a pavement restoration plan for approval by the City Engineer prior to any utility
installation or abandonment. Streets that have been reconstructed or overlaid within the
previous five years will require boring and jacking for all new utility installations. The
project's frontage along West Hamilton Avenue and Darryl Drive have not been
reconstructed or overlaid in the last 5 years. The pavement restoration plan shall
indicate how the street pavement shall be restored following the installation or
abandonment of all utilities necessary for the project.
35.Additional Street Improvements: Should it be discovered after the approval process that
new utility main lines, extra utility work or other work is required to service the
development, and should those facilities or other work affect any public improvements,
the City may add conditions to the development/project/permit, at the discretion of the
City Engineer, to restore pavement or other public improvements to the satisfaction of
the City.
36. Trash Enclosure Requirements:
a. NPDES Permit No. CAS612008 (CRWQCB): C.3.a.i. (7): For all new development
and redevelopment projects that are subject to the Permittee's planning, building,
Exhibit A -Recommended Conditions of Approval Page 12
771 W. Hamilton Ave. - Starbucks
PLN2016-315 ~ Planned Development Permit Modification
development, or other comparable review, but not regulated by Provision C.3,
encourage the inclusion of adequate source control measures to limit pollutant
generation, discharge, and runoff. These source control measures should include:
• Covered trash, food waste, and compactor enclosures.
b. Campbell Municipal Code 14.02.030 "Stormwater Pollution Control /Requirements".
The code states that no pollutants or water containing pollutants can be discharged
into the City's storm drain system. Trash enclosures contain pollutants. During a rain
event (or during general cleaning) water washes over and into roofless enclosures,
collecting pollutants and discharging to the City's storm drain system. Applicants are
required to show how new trash enclosures will not discharge pollutants into the
storm drain system. One possible method is to provide a sanitary drain in the trash
enclosure.
c. West Valley Sanitation District (WVSD) the local sanitary sewer agency's authority
and standards: If a sanitary connection will be installed, WVSD requires a roof on the
enclosure.