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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 11 771 W. Hamilton Ave. - Starbucks 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.