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PC Res 4431RESOLUTION NO. 4431 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING AN ADMINISTRATIVE PLANNED DEVELOPMENT PERMIT (PLN2017-323) TO ALLOW FACADE IMPROVEMENTS TO AN EXISTING FAST-FOOD RESTAURANT ON PROPERTY LOCATED 1805 S. WINCHESTER BOULEVARD. 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 number PLN2017-323: 1. The project site is located on the northwest corner of the intersection of S. Winchester Boulevard and Latimer Avenue. 2. The project site is zoned P-D (Planned Development) on the City of Campbell Zoning Map. 3. The project site is designated Central Commercial on the City of Campbell General Plan Land Use diagram. 4. The project site is an approximately 14,570 square foot lot. 5. 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 and pursuant to Campbell Municipal Code Sec. 21.12.030.H.6, 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 will not result in allowing more residential units than would be allowed by other residential zoning districts which are consistent with the general plan designation of the property; and 4. The proposed development would not be detrimental to the health, safety or welfare of the neighborhood or of the city as a whole. Planning Commission Resolution No. 4431 Page 2 of 2 PLN2017-323 ~ 1805 S. Winchester Blvd. -Admin. P-D Permit 5. The project is Categorically Exempt 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 THEREFORE, BE IT RESOLVED that the Planning Commission approves a Administrative Planned Development Permit (PLN2018-323) to allow fagade improvements to an existing fast-food restaurant on property located at 1805 S. Winchester Boulevard, subject to the attached Conditions of Approval (attached Exhibit "A"). PASSED AND ADOPTED this 13th day of March, 2018, by the following roll call vote: AYES: Commissioners: Rich, Dodd, Hernandez, Krey, Ostrowski, Rivlin NOES: Commissioners: ABSENT: Commissioners ABSTAIN: Commissioners: APPROVED~G~' C2:~cl~'2~j~~-~ Michael Rich, Chair ~d ATTEST: Paul Kermoyan, Secretary EXHIBIT A CONDITIONS OF APPROVAL Sign Permit (PLN2017-323) 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 Project: Approval is granted for facade improvements (Administrative Planned Development Permit PLN2017-323) to an existing KFC/Long John Silver's restaurant located at 1805 S. Winchester Blvd. The project shall substantially conform to the Project Plans, received by the Community Development Department on November 28, 2017, except as may be modified by the Planning Commission, the Community Development Director, and/or as conditioned herein. 2. Permit Expiration: The Administrative Planned Development approval shall be valid for two years from the date of final approval (expiring March 23, 2020). Within this one-year period, an application for a building permit must be submitted. Failure to meet this deadline will result in the Administrative Planned Development Permit being rendered void. Minor Modifications: Minor Modifications to the approved project plans are subject to review and approval by the Community Development Director. Minor modifications include alterations in floor area of no more than 50 square feet on the first floor (except for PD permits where additional floor area is considered a major modification), alterations to second story windows that are not oriented toward neighboring yards and result in an increase in window area of no more than one square foot and relocation of no more than one foot from the approved window location, and minor alterations to fapade material. All other modifications are subject to review at a public hearing. 4. Plan Revisions: Upon prior approval by the Community Development Director, all Minor Modifications to the approved project plans shall be included in the construction drawings submitted for Building Permit. Any modifications to the Building plan set during construction shall require submittal of a Building Permit Revision and approval by the Building Official prior to Final Inspection. Exhibit A -Conditions of Approval Page 2 of 5 PLN2017-323 ~ 1805 S. Winchester Blvd. -Admin. P-D Permit 5. Building Permits Required: The applicant shall obtain all necessary building and/or electrical permits from the Building Division prior to the installation of any new signs. 6. 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. 7. 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 prior to installation of the lighting for compliance with all applicable Conditions of Approval, ordinances, laws and regulations. Lighting fixtures shall be of a decorative design to be compatible with the residential development and shall incorporate energy saving features. 8. Construction Activities: The applicant shall abide by the following requirements during construction: a. 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. b. Truck routes to and from the construction site should be established and submitted to the City for review and approval prior to issuance of a building permit. These truck routes shall avoid access to the project site via residential streets where possible. 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. Prior to the issuance of building permits, the project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street so that the contractor can be made aware of noise complaints. g. Construction equipment, vehicles, and workers associated with the development of the project shall not be permitted to park on any residential streets. Exhibit A -Conditions of Approval Page 3 of 5 PLN2017-323 ~ 1805 S. Winchester Blvd. -Admin. P-D Permit Building Division: 9. Permits Required: A building permit application shall be required for the proposed new commercial structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 10. Conditions of Approval: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 1 i. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 12. 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. 13. 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. 14. 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. 1~. 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. 16. 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. 17. 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. 18. Title 24 Accessibility -New Commercial: This project shall comply fully with Chapter 11 B of the California Building Code 2016 ed. Exhibit A -Conditions of Approval Page 4 of 5 PLN2017-323 ~ 1805 S. Winchester Blvd. -Admin. P-D Permit 19. 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. Santa Clara County Department of Environmental.Health d. San Jose Water Company (279-7900) 20. 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. PUBLIC WORKS DEPARTMENT 21. Traffic Signal Easement: Prior to issuance of any building permits for the site, the applicant shall grant a traffic signal easement on private property at the corner of Winchester and Latimer to accommodate the City's traffic signal controller relocation project, unless otherwise approved by the City Engineer. The proposed easement will extend approximately four feet behind the property line and extend ten feet west starting approximately at the existing irrigation boxes behind the sidewalk on Latimer Avenue. 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. 22. 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. 23. The following conditions only apply if the applicant has a need to install /upgrade utility services (water, sewer, gas, etc.) in the street: a. 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. Exhibit A -Conditions of Approval Page 5 of 5 PLN2017-323 ~ 1805 S. Winchester Blvd. -Admin. P-D Permit b. 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 has 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. c. 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.