PC Res 4411RESOLUTION NO. 4411
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A SITE AND
ARCHITECTURAL REVIEW PERMIT AND MODIFICATION
(PLN2017-51) TO APREVIOUSLY-APPROVED USE PERMIT
(UP76-13) TO ALLOW FACADE MODIFICATIONS AND
REMOVAL OF OUTDOOR SEATING FROM AN EXISTING
COMMERCIAL BUILDING ON PROPERTY LOCATED AT 49 W.
HAMILTON AVENUE IN THE C-2 (GENERAL COMMERCIAL)
ZONING DISTRICT.
After notification and public hearing, as specified by law and, after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the Planning Commission did find as
follows with respect to file numbers PLN2017-51:
1. The project site is zoned C-2 (General Commercial) as shown on the Campbell
Zoning Map.
2. The project site is designated General Commercial as shown on the Campbell
General Plan Map.
3. The project site is located on the northwest corner of W. Hamilton Avenue and S.
Winchester Boulevard. '
4. The project site consists of a 43,028 sq. ft. parcel, currently developed with asingle-
tenant commercial building.
5. The proposed project is an application for a Site and Architectural Review Permit and
Modification (PLN2017-51) to apreviously-approved Use Permit (UP76-13) to allow
facade modifications and removal of outdoor seating from an existing commercial
building.
6. In review of the proposed project, the Planning Commission considered traffic safety,
traffic congestion, site circulation, landscaping, structure design, and site layout.
7. The proposed project would be consistent with the following General Plan policies:
Policy LUT-5.3: Variety of Commercial and Office Uses: Maintain a variety of
attractive and convenient commercial and office uses that
provide needed goods, services and entertainment.
Strategy LUT-5.3d: 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.
Planning Commission Resolution No. 4411 Page 2 of 3
PLN2017-51 ~ 49 W. Hamilton Ave. -Site & Arch Permit and Use Permit Modification
8. 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 use is consistent with the General Plan.
2. The project will aid in the harmonious development of the immediate area.
3. The project is consistent with applicable adopted design guidelines.
4. The proposed use is allowed within the applicable zoning district with Conditional Use
Permit approval, and complies with all other applicable provisions of this Zoning Code
and the Campbell Municipal Code.
5. The proposed site is adequate in terms of size and shape to accommodate the
fences and walls, landscaping, parking and loading facilities, yards, and other
development features required in order to integrate the use with uses in the
surrounding area.
6. The proposed site is adequately served by streets of sufficient capacity to carry the
kind and quantity of traffic the use would be expected to generate.
7. The design, location, size, and operating characteristics of the proposed use are
compatible with the existing 'and future land uses on-site and in the vicinity of the
subject property.
8. The establishment, maintenance, or operation of the proposed use at the location
proposed will not be detrimental to the comfort, health, morals, peace, safety, or
general welfare of persons residing or working in the neighborhood of the proposed
use, or be detrimental or injurious to property and improvements in the neighborhood
or to the general welfare of the city.
9. The project qualifies as a Categorically Exempt project under Section 15301 Class 1
of the California Environmental Quality Act (CEQA) pertaining to minor alterations to
an existing private structure, involving negligible or no expansion of use beyond that
existing at the time of the lead agency's determination.
10. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Site and
Architectural Review Permit and Modification (PLN2017-51) to apreviously-approved
Use Permit (UP76-13) to allow fagade modifications and removal of outdoor seating
from an existing commercial building (Burger King), on property located at 49 alV.
Hamilton Avenue, subject to the attached Conditions of Approval (attached Exhibit
A).
Planning Commission Resolution No. 4411 Page 3 of 3
PLN2017-51 ~ 49 W. Hamilton Ave. -Site & Arch Permit and Use Permit 11~odification
PASSED AND ADOPTED this 26th day of September, 2017, by the following roll call vote:
AYES: Commissioners: Rivlin, Hernandez, Dodd, Krey, Ostrowski, Young
NOES: Commissioners:
ABSENT: Commissioners: Rich
ABSTAIN: Commissioners:
APPROVED:
Donald Young g Chair
ATTEST:
Paul Kermoyan, Secretary
EXHIBIT A
CONDITIONS OF APPROVAL
Conditional Use Permit (PLN2017-51)
49 W. Hamilton Avenue
Where approval by the Director of Community Development, City Engineer, Public Works
Director, City Attorney or Fire Department is required, that review shall be for compliance
with all applicable conditions of approval, adopted policies and guidelines, ordinances,
laws and regulations and accepted engineering practices for the item under review.
Additionally, the applicant is hereby notified that he/she is required to comply with all
applicable Codes or Ordinances of the City of Campbell and the State of California that
pertain to this development and are not herein specified.
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division:
1. Approved Proiect: Site and Architectural Review Permit and Modification (PLN2017-
51`) to apreviously-approved Use Permit (UP76-13) to allow facade modifications and
removal of outdoor seating from an existing commercial building (Burger King), on
property located at 49 W. Hamilton Avenue. The project shall substantially conform to
the Revised Project Plans stamped as received by the Planning Division on August 4,
2017, except as may be modified by the Conditions of Approval specified herein.
2. Permit Expiration: The Site and Architectural Review Permit and Use Permit
Modification approval shall be valid for one (1) year from the effective date of Planning
Commission action (expiring October 6, 2018). Within this one-year period, an
application for a building permit must be submitted. Failure to meet this deadline or
expiration of an issued building permit will result in the Site and Architectural Review
Permit being rendered void.
3.. Deed Restriction: A deed restriction monitoring the percentage of the structure that has
been altered shall be recorded in the Santa Clara County Office of the Recorder prior
to the issuance of any building permits for work on the Project.
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. Previous Conditions:.All conditions of approval of the previously approved Conditional
Use Permits .(UP76-13 and M93-06) as approved by Planning Commission shall
remain in effect except as modified herein.
6. Hours of Operation: The hours of operation will continue consistently wifih the existing
hours of operation: Monday through Saturday: 7:OOam -12:00 midnight
Sunday: 8:OOam -12:00 midnight
7. Business License: A valid City business license shall be maintained at all times that the
business is in operation.
Exhibit A -Conditions of Approval Page 2 of 6
PLN2017-51 ~ 49 W. Hamilton Ave. -Site & Arch Permit and Use Permit Modification
8. Parking and Driveways: All parking and driveway areas shall be maintained in
compliance with the standards in Chapter 21.28 (Parking & Loading) of the Campbell
Municipal Code.
9. Landscaping: The construction drawings submitted for a building permit shall include a_
landscaping plan, including irrigation details and associated calculations, prepared in
compliance with Campbell Municipal Code Chapter 21.26 (Landscaping Requirements)
and with Chapter 2.7, Division 2, of Title 23 of the California Code of Regulations
(Model Water Efficient Landscape Ordinance).
l0. 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 historic appropriateness and compliance with the
Campbell Lighting Design Standards (CMC Sec. 21.18.090).
11: Si na e: No signage has been approved as part of this development application. New
signage shall not be installed prior to approval of a sign permit as required by CMC
Sec. 21.10.060. K.
12. 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.
Building Division:
13. Permits Required: A building permit application shall be required for the proposed
alterations to the (e) commercial structure. The building permit shall include
Electrical/Plumbing/Mechanical fees when such work is part of the permit.
Exhibit A -Conditions of Approval Page 3 of 6
PLN2017-51 ~ 49 W. Hamilton Ave. -Site & Arch Permit and Use Permit Modification
14. Construction Plans: The conditions of Approval shall.be stated in full on the cover sheet
of construction plans submitted for building permit.
15. Size of Plans: The minimum size of construction plans submitted for building permits
shall be 24 in. X 36 in.
16. 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.
17. 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.
18. 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.
19. 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.
20. 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.
21. Title 24 Accessibilitv -Commercial: On site general path of travel shall comply with the
latest California Title 24 Accessibility Standards. Work shall include but not be limited
to accessibility to building entrances from parking facilities and sidewalks.
22. Title 24 Accessibilitv: This project shall comply with Chapter 11 B of the California
Building Code 2016 ed. .
23. Approvals Required: The project requires the following agency approval prior to
issuance of the building permit:
^ Santa Clara County Fire Department
^ Santa Clara County Department of Environmental Health
24. 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.
Exhibit A -Conditions of Approval Page 4 of 6.
PLN2017-51 ~ 49 W. Hamilton Ave. -Site & Arch Permit and Use Permit Modification
PUBLIC WORKS DEPARTMENT
25. The scope of this project triggers the requirement for Frontage Improvements as
required by Campbell Municipal Code 11.24.040. The applicant will need to upgrade
the existing curb ramp and driveways to be accessible (ADA) compliant.
*Based on the existing condition, staff believes that an existing Type-18 traffic signal
pole is in the location where a new ADA ramp will be installed. The applicant will need
to relocate the Type-18 pole, pull boxes, conduits and related appurtenances to install
the ADA ramp.
26. Projects which alter over 50% of the length of the facade or projects which remodel
25% of the existing square footage are subject to the City's Streetscape Standards for
Hamilton Avenue. This project alters 44% of facade and does not trigger the City's
Streetscape Standards however it does require ADA upgrades to the public frontage
which would include the driveways and the corner ramp.
27. Construction Drawings: The applicant shall submit the required Street Improvement
Plans, 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 required plans, 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://ww'w.cityofcampbell.com/206/Documents). See .instructions on:
i. Checklist for Street Improvement Plans
28. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or
building permits, the applicant shall comply with the National Pollution Discharge
Elimination System (NPDES) permit requirements, Santa Clara Valley Water District
requirements, and the Campbell Municipal Code regarding stormwater pollution
prevention. The primary objectives are to improve the quality and reduce the quantity
of stormwater runoff to the bay.
Resources to achieve these objectives include Stormwater Best Management
Practices Handbook for New Development and Redevelopment ("CA BMP Handbook")
by the California Stormwater Quality Association (CASQA), 2003; Start at the Source:
A Design Guidance Manual for Stormwater Quality Protection ("Start at the Source") by
the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and
Using Site Design Techniques to Meet Development Standards for Stormwater Quality:
A Companion Document to Start at the Source ("Using Site Design Techniques") by
BASMAA, 2003.
29. Trash Capture -Prior to allowing occupancy and/or final building permit signoff for all
buildings, the applicant shall install trash capture inserts (KriStar FloGard or approved
Exhibit A -Conditions of Approval Page 5 of 6
PLN2017-51 ~ 49 W. Hamilton Ave. -Site & Arch Permit and Use Permit Modification
equal) in all on-site storm drain catch basins.
30. Plan Lines: Prior to issuance of any building permits for the site, the applicant shall
correct the distance from the street centerline to the property line on Hamilton and
Winchester Blvd.
31. Utilities: All on-site utilities shall be installed underground per Section 21.18.140 of the
Campbell Municipal Code for any new or remodeled buildings or additions. Applicant
shall comply with all plan submittals, permitting, and fee requirements of the serving
utility companies.
Utility locations shall not cause damage to any existing street trees. Where there are
utility conflicts due to established tree roots or where a new tree will be installed,
alternate locations for utilities shall be explored. Include utility trench details where
necessary.
32. Water Meter(s) and Sewer Cleanout(s): 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. Winchester Boulevard and Hamilton Avenue 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. Winchester Boulevard Resurfacing: The City of Campbell plans to resurface all of
Winchester Boulevard in the summer of 2019. Any pavement cuts taking place after
the City has completed this work will require enhanced pavement restoration above
and beyond the normal trench/pavement restoration requirements. The applicant is
encouraged to accelerate any necessary work in Winchester Boulevard to complete
their work prior to the City starting construction.
36. Street Improvement Agreements /Plans /Encroachment Permit /Fees /Deposits:
Prior to issuance of any building permits for the site, the applicant shall execute a street
improvement agreement, cause plans for public street improvements to be prepared by
a registered civil engineer, pay various fees and deposits, post security and provide
Exhibit A -Conditions of Approval Page 6 of 6
PLN2017-51 ~ 49 W. Hamilton Ave. -Site & Arch Permit and Use Permit Modification
insurance necessary to obtain an encroachment permit for construction of the standard
public street improvements, as required by the City Engineer. The plans shall include
the following, unless otherwise approved by the City Engineer:
a. Show location of all existing utilities within the new and existing public right of way.
b. Relocation of all existing utilities including utility boxes, covers, poles, etc. outside of
sidewalk area. No utility boxes, covers, etc. will be allowed in the sidewalk area.
c. Removal of existing driveway approaches on Hamilton Avenue and Winchester
Boulevard and necessary sidewalk, curb and gutter.
d. Installation of City standard curb, gutter, and sidewalk and ADA compliant driveway
approaches on Hamilton Avenue and Winchester Blvd. .
e. Installation of asphalt concrete overlay per street pavement restoration plan for
utility installation and/or abandonment, as required by the City Engineer.
f. Installation of a new ADA compliant ramp at the northwest corner of Hamilton
Avenue and Winchester Boulevard.
g. * Relocate any traffic signal poles, pull boxes conduits, conductors and any
other appurtenances and related facilities to accommodate a new A®e4
compliant ramp.
h. Installation of traffic control, stripes and signs.
i. Construction of conforms to existing public and private improvements, as
necessary.
j. Submit final plans in a digital format acceptable to the City.
37. Street Improvements Completed for Occupancy and Building Permit Final: Prior to
allowing occupancy and/or final building permit signoff for any and/or all buildings, the
applicant shall have the required street improvements installed and accepted by the
City, and the design engineer shall submit as-built drawings to the City.
38. 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.
39. 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.
40. 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.