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PC Res 4442RESOLUTION NO. 4442 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT WITH SITE AND ARCHITECTURAL REVIEW (PLN2017-123) TO ALLOW THE CONVERSION OF AN EXISTING MOTOR VEHICLE REPAIR AND MAINTENANCE FACILITY TO A CONVENIENCE MARKET WITH LATE NIGHT ACTIVITIES AND BEER AND WINE SALES FOR OFF-SITE CONSUMPTION; AND THE ADDITION OF A HYDROGEN FUELING FACILITY WITHIN AN EXISTING GASOLINE STATION ON PROPERTY LOCATED AT 337 E. HAMILTON AVENUE. FILE NO.: PLN2017-123 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 number PLN2017-123: The project site is developed with an existing a gasoline station originally approved in 1967 pursuant to 'UP 67-11' and 'S' 68-49. 2. The project is located at the northwest corner of E. Hamilton Avenue and N. Central Avenue. 3. The project site is within the C-2 (General Commercial) Zoning District and within the General Commercial General Plan Land Use District as depicted on the City of Campbell Zoning and General Plan Maps, respectively. 4. The proposed project is an application for a Conditional Use Permit with Site and Architectural Review (PLN2017-123) to allow the conversion of an existing motor vehicle repair and maintenance facility to a convenience market with late night activities and beer and wine sales for off-site consumption; and the addition of a hydrogen fueling facility within an existing gasoline station. 5. The proposed project includes four land uses that are conditionally permitted in the C-2 Zoning District, including a gasoline station (includes alternative fuels), late-night activities (24-hour operation), a convenience market, and off-site alcoholic beverage sales. The proposed project, therefore, is allowable in the C-2 Zoning District upon approval of a Conditional Use Permit. 6. The proposed project is exempt from the limitations and requirements for "liquor stores" pursuant to CMC Section 21.36.110 due to the ancillary nature of the proposed alcohol sales in association with the convenience market. 7. The proposed project, as conditioned, would be consistent with the following General Plan policies and strategies: Planning Commission Resolution No. 4442 Page 2 of 4 337 E. Hamilton Avenue Conditional Use Permit with Site and Architectural Review (PLN2017-123) 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. Policy LUT-11.2: Services Within Walking Distance: Encourage neighborhood services within walking distance of residential uses Policy LUT-1.2c: Regional Vehicle Emissions, Noise and Fuel Consumption Reduction: Support Federal, State, and local legislation to reduce motor vehicle emissions, noise, and fuel consumption in the region. 8. The proposed project is subject to a parking standard of 1 space for each 250 sq. ft. of convenience market area (in addition to fueling spaces). For the 1,655 square-foot structure, this standard yields a requirement of 7 stalls, which would be satisfied. 9. 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". 10. The State of California is supporting the development of a hydrogen network through administration of a grant program (Energy Commission's Alternative and Renewable Fuel and Vehicle Technology Program). The intent is facilitate the creation of a hydrogen fueling facilities statewide that will be available as hydrogen powered vehicles are released by the major automobile manufactures in the coming years. California's zero-emission vehicle goal is to get 1.5 million hydrogen, battery electric, and plug-in electric vehicles on the roadway by 2025. 11. The proposed project site has been reviewed and approved by the Santa Clara County Fire District Hazardous Materials Division. 12. Due to the current state of hydrogen fueling technology, and nominal scale of the proposed facility, no traffic, parking, or circulation issues are anticipated. 13. The project will not have an impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. 14.In review of the proposed project, the Planning Commission considered the proposed project's traffic safety, traffic congestion, site circulation, landscaping, structure design, and site layout. 15. In review the proposed project, the Planning Commission also weighed the public need for, and the benefit to be derived from, the project, against any impacts it may cause. 16. 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. Planning Commission Resolution No. 4442 Page 3 of 4 337 E. Hamilton Avenue Conditional Use Permit with Site and Architectural Review (PLN2017-123) Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: Conditional Use F'~rmit Finding ~CM~ Sic 21.45.040}: 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; 2. The proposed use is consistent with the General Plan; 3. 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; 4. 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; 5. 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; and 6. 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. Site and Architectural Review Permit Finding (CMC Sec. 21.42.060.B): 7. The project will be consistent with the general plan; 8. The project will aid in the harmonious development of the immediate area; and 9. The project is consistent with applicable adopted design guidelines, development agreement, overlay district, area plan, neighborhood plan, and specific plan(s). Environmental Findings (CMC Sec. 21.38.050): 10. 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 beyond that existing at the time of the lead agency's determination. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit with Site and Architectural Review (PLN2017-123), subject to the attached Conditions of Approval (attached Exhibit A). Planning Commission Resolution No. 4442 Page 4 of 4 337 E. Hamilton Avenue Conditional Use Permit with Site and Architectural Review (PLN2017-123) PASSED AND ADOPTED this 12th day of June, 2018, by the following roll call vote: AYES: Commissioners: Krey, Rivlin, Hernandez, Rich, Ostrowski, and Ching NOES: Commissioners: ABSENT: Commissioners: Dodd ABSTAIN: Commissioners: 17~~~-~~~~~~ APPROVED: ~~ Michael Rich, Chair ~ , " ~ 'l -, ~ ATTEST: ~ ~ , ~. ,,. Paul f~ermoyan, Secretary EXHIBIT A CONDITIONS OF APPROVAL Conditional Use Permit with Site and Architectural Review 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 Project: Approval is granted for a Conditional Use Permit with Site and Architectural Review (PLN2017-123) to allow to allow the conversion of an existing motor vehicle repair and maintenance facility to a convenience market with late night activities and beer and wine sales for off-site consumption; and the addition of a hydrogen fueling facility within an existing gasoline station located at 337 E. Hamilton Avenue. The Approval shall substantially conform to the Revised Project Plans, prepared by David J. Elliott & Associates, stamped as received by the Planning Division on May 11, 2018, except as modified by the required revisions specified by Condition of Approval No. 8 (Plan Revisions). 2. Permit Expiration: The Conditional Use Permit with Site and Architectural Review ("Approval") shall be valid for one (1) year from the effective date of Planning Commission action (expiring June 22, 2019). 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 Approval being rendered void. Once established, this Approval shall be valid in perpetuity on the property subject to continued operation of the gasoline station and convenience market and maintenance of a valid ABC liquor license. Abandonment, discontinuation, or ceasing of operations for a continuous period of twelve months shall void the approval. If this Approval expires or is voided, operation of the gasoline station shall revert back to Conditional Use Permit 'UP' 67-11 and Site Approval 'S' 68-49. 3. Previous Conditions of Approval: Upon the effective date of this Approval, the previously approved Conditions of Approval provided in Conditional Use Permit 'UP' 67-11 and Site Approval 'S' 68-49 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 Exhibit A -Conditions of Approval ~ 337 E. Hamilton Avenue PLN2017-123 -Conditional Use Permit w/ Site and Arch. Review Page 2 5. Si ncLage: 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. 6. Upgrading of Facility. If technological improvements or developments occur which allow the use of smaller, less visually obtrusive, or underground hydrogen storage, the service provider will be required to upgrade the hydrogen storage facility upon an application to modify or expand the facility to minimize adverse effects related to land use compatibility, visual resources, public safety or other environmental factors. 7. Traffic/Circulation: If the number of vehicular trips to the hydrogen fuel dispensing facility results in queuing onto the public street or disruption to the vehicular circulation of the site, the service provider shall submit an application to modify the facility to accommodate and/or manage the additional demand. 8. Plan Revisions: The construction and on-site improvements plans submitted for building and grading permits shall incorporate the following revision(s): a. Security fencing to the rear of the building to prevent unauthorized access shall be depicted. b. Anti-graffiti treatment shall be indicated for all sides of the hydrogen and trash enclosures and along the sides of the convince market. c. The fueling canopies may be painted in a blue color scheme consistent with the revised rendering, stamped as received by the Planning Division on June 11, 2018. d. The landscaping drawings shall incorporate all necessary revisions that may be required by Condition of Approval No. 10 (Water Efficient Landscape Ordinance). e. A photometric plan, as required by Condition of Approval No. 9 (On-site Lighting) shall be included within the construction drawings. Appropriate notes and details to demonstrate compliance with the relevant requirements of the Condition of Approval No. 11 (Operational Standards), including, but not limited to, "no smoking sign(s)" and alcohol display restrictions. g. The adopted Planning Commission 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. 9. 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 Exhibit A -Conditions of Approval ~ 337 E. Hamilton Avenue Page 3 PLN2017-123 -Conditional Use Permit w/ Site and Arch. Review 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. 10. Water Efficient Landscape Ordinance: This project is subject to the 2015 California Model Water Efficient Landscape Ordinance (MWELO). This document is available at: http://www.cityofcampbell.com/DocumentCenter/View/176 or on the Planning Division's Zoning and Land Use webpage through www.cityofcampbell.com. 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." 11. Operational Standards: Exercise of this Approval shall conform to the following operational standards. Significant deviations from these standards (as determined by the Community Development Director) shall require approval of the Planning Commission. a. Approved Use: The approved use is a "gasoline station" and "convenience market" with "late-night activities" and ancillary beer and wine sales for off-site consumption as defined by the Campbell Municipal Code and limited by the operational standards listed herein. Activity inconsistent with these land use definitions is prohibited. b. Operational Hours: The approved convenience market and gasoline station may operate 24 hours a day, seven days a week. Alcohol sales shall be limited to 6:00 AM to 11:00 PM daily. c. Fuel Delivery Hours: Gasoline and hydroguen fuel deliveries shall be limited to 6:00 AM to 11:00 PM daily. d. Alcohol Sales Restrictions: The sale of alcoholic products (beer and wine) shall be subject to the following restrictions: Exhibit A -Conditions of Approval ~ 337 E. Hamilton Avenue Page 4 PLN2017-123 -Conditional Use Permit w/Site and Arch. Review The applicant shall obtain a Type 20 (Off-Sale Beer and Wine) license from the State Department of Alcoholic Beverage Control prior to the sale of alcoholic beverages. The applicant shall, at all times, maintain in good standing the Type 20 License from the State Department of Alcoholic Beverage Control for the sale of beer and wine products. iii. The sale of alcoholic products shall be limited to the hours of 6:00 AM to 11:00 PM exclusively. iv. The applicant shall install automatically locking and time sensitive coolers, display cabinets to the satisfaction of the Community Development Director, Chief of Police and the California Alcohol Beverage Control that completely restricts access to alcoholic beverages between the hours of 11:00 PM and 6:00 AM. No business license shall be issued until such time as the automatic coolers have been inspected by the Planning Division and found in compliance with the locking and access requirements. v. The sale of alcoholic products shall be limited to 10% of the gross floor area of the proposed convenience market space. vi. The sale of single serving alcohol containers shall be prohibited. Multi- packaged alcohol cannot be broken up, separated or sold separately from the original packaging. This shall include single bottles or cans of beer, regardless of volume, single serving containers of wine coolers or other similar alcohol products. This prohibition shall not include standard wine bottles with a volume equal or greater to 750 ml. e. Smoking: "No Smoking" signs shall be posted on the premises in compliance with CMC Sec. 6.11.060. Noise: Unreasonable levels of noises, sounds and/or voices, including but not limited to amplified sounds from radio and loud speakers, the use of tools outdoors, or any unavoidable noise unrelated to the business activities on site shall not be audible to a person of normal hearing acuity from any residential property. In the event verified complaints are received by the City regarding such noise, the Community Development Director may immediately curtail the Hours of Operation pursuant to Condition of Approval No. 14 (Revocation of Permit). g. Parking: All parking stalls shall exclusively be used for the temporary parking and maneuvering of vehicles and shall not be used for the sale, lease, display, repair, or storage of vehicles, trailers, boats, campers, mobile homes, merchandise, or equipment. h. Property Maintenance: The property owner shall maintain all exterior areas of the business free from graffiti, trash, rubbish, posters and stickers placed on the property. Exhibit A -Conditions of Approval ~ 337 E. Hamilton Avenue Page 5 PLN2017-123 -Conditional Use Permit w/ Site and Arch. Review Graffiti Removal: The applicant shall be responsible for the removal of any graffiti from walls, fences or structures on the project site within one week of notification by the Community Development Director or their designate. Outdoor Storage: No equipment, materials or business vehicles shall be parked and/or stored outside or within the parking lot. No outdoor merchandise displays except for vending machines are allowed. k. Trash & Clean Up: All trash, normal clean up, carpet cleaning, etc. shall not be done in the late evening or early morning hours. All clean up and trash collection shall be done between 6:00 AM and 10:00 PM daily. Refuse and recycling containers shall be kept in the enclosure at all times except when being emptied by collection personnel. Landscape Maintenance: The owner/operator of the property shall provide on- going maintenance of the existing and proposed on and off-site landscaping. In accordance with the Tree Protection Ordinance (Chapter 21.32), all trees planted pursuant to this approval shall be considered "protected" and subject to the established removal requirements and restrictions. m. Propane Service Hours: Due to noise concerns, hours for dispensing propane from the tank system at the rear of the site shall be limited to 8:00 AM through 10:00 PM, daily. This restriction will be void if the applicant switches to a swap out propane canister system in place of a tank filling system. n. Security Plan. If determined necessary by the Police Chief, the applicant shall meet with representative of the Police Department and prepare a security plan to the satisfaction of the Police Chief addressing any concerns regarding safety, visibility, location of security equipment, location of age restricted sale items in relation to exits, and location of cashiers in relation to exists. o. Storefront Clearance: At no time shall an obscure wall or barrier be installed along, behind or attached to storefront windows or doorways that blocks visual access or blocks natural light. 12. Location of Mechanical Equipment: No roof-mounted mechanical equipment (i.e. air conditioning units, ventilation ducts or vents), shall be added to the existing building without providing screening of the mechanical equipment from public view and surrounding properties. The screening material and method shall be architecturally compatible with the building and requires review and approval by the Community Development Director and Building Division prior to installation of such screening. 13. Trash Enclosure Requirements. In addition to those standards provided in CMC Sec. 21.18.110 (Refuse and recycling storage areas), the following requirements apply to the construction and operation of the new trash enclosure: 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, development, or other comparable review, but not regulated by Provision C.3, Exhibit A -Conditions of Approval ~ 337 E. Hamilton Avenue Page 6 PLN2017-123 -Conditional Use Permit w/ Site and Arch. Review 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. 14. Revocation of Permit: Operation of the gasoline station and convenience market pursuant to this Approval 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 the sale of alcohol and/or hours of operation, has become a nuisance to the City's public health, safety or welfare or for violations of the land use 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 obligation 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, noise, and/or the sale of alcohol within a one (1) year period, a public hearing before the Planning Commission may be scheduled to consider modifying conditions of approval or revoking the Approval. The Community Development Director may commence proceedings for the revocation of the Approval 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, restrict the establishment's hours of operation. 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 patrons actions; b. The number of complaints received from residents, business owners and other citizens concerning the operation of an establishment, c. The number of arrests for alcohol, drug, disturbing the peace, fighting and public nuisance violations associated with an establishment; Exhibit A -Conditions of Approval ~ 337 E. Hamilton Avenue Page 7 PLN2017-123 -Conditional Use Permit w/ Site and Arch. Review d. The number and kinds of complaints received from the State Alcoholic Beverage Control office and the County Health Department; and e. Violation of conditions of approval. Building Division 15. Permits Required: A building permit application shall be required for the proposed Addition to & Tenant Improvements of the (e) commercial space. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 16. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 17. 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. 18. 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. 19. 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. Exhibit A -Conditions of Approval ~ 337 E. Hamilton Avenue Page 8 PLN2017-123 -Conditional Use Permit w/ Site and Arch. Review 20. 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. 21. 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. 22. 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. 23. 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. 24. 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 d. Santa Clara County Department of Environmental Health 25. 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. 26. 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 27. Lot Line Adjustment (Merger): Prior to issuance of building permits for the site, the applicant shall fully complete a lot line adjustment process. The applicant shall submit an application for approval by the City Engineer, pay the current application processing fees, process the application with City staff's comments and fully complete the lot line adjustment. 28. Drainage System: Prior to occupancy clearance, the applicant shall refurbish, remodel, and reconstruct the on-site drainage system, as necessary, to demonstrate that the facilities are functioning normally in accordance with the requirements of the city. Exhibit A -Conditions of Approval ~ 337 E. Hamilton Avenue Page 9 PLN2017-123 -Conditional Use Permit w/ Site and Arch. Review 29. 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. 30. Water Meter(s) and Sewer Cleanout~~ 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, unless otherwise approved by the City Engineer. 31. 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. 32. 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. Hamilton Avenue 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. 33. Street Improvements: Prior to issuance of any grading or 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 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: E. Hamilton Avenue: 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, sidewalk, curb and gutter. d) Installation of City Standard Commercial ADA compliant driveway approaches (Detail D-18), sidewalk, curb and gutter. e) Installation of traffic control, stripes and signs. f) Construction of conforms to existing public and private improvements, as necessary. g) Submit final plans in a digital format acceptable to the City Exhibit A -Conditions of Approval ~ 337 E. Hamilton Avenue Page 10 PLN2017-123 -Conditional Use Permit w/ Site and Arch. Review Central Avenue: 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. c) No utility boxes, covers, etc. will be allowed in the sidewalk area. d) Removal of two existing driveway approaches, sidewalk, curb and gutter. e) Installation of City approved street trees and tree wells. f) Installation of one City Standard Commercial ADA compliant driveway approach (Detail D-18), sidewalk, standard curb and gutter. g) Installation of standard curb and gutter and sidewalk where existing driveway is being proposed to be removed. 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 34. 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. 35. Utility Encroachment Permit: Separate 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. 36. 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. 37. 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 Exhibit A -Conditions of Approval ~ 337 E. Hamilton Avenue Page 11 PLN2017-123 -Conditional Use Permit w/ Site and Arch. Review Standards for Stormwater Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. 38. 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. COUNTY FIRE DISTRICT Review of this Developmental proposal is limited to acceptability of site access and water supply as they pertain to fire department operations, and shall not be construed as a substitute for formal plan review to determine compliance with adopted model codes. Prior to performing any work the applicant shall make application to, and receive from, the Building Department all applicable construction permits. 39. Fire Alarm System: Plans indicate building will be protected by fire alarm system under deferred submittal. 40. Trash Enclosure: The proposed trash enclosure shall comply with CFC 2016 edition § 304.3.3. 41. Construction Site Fire Safety: All construction sites must comply with applicable provisions of the CFC Chapter 33 and our Standard Detail and Specification SI-7. Provide appropriate notations on subsequent plan submittals, as appropriate to the project. CFC Chp. 33. 42. Water Supply Requirements: Potable water supplies shall be protected from contamination caused by fire protection water supplies. It is the responsibility of the applicant and any contractors and subcontractors to contact the water purveyor supplying the site of such project, and to comply with the requirements of that purveyor. Such requirements shall be incorporated into the design of any water- based fire protection systems, and/or fire suppression water supply systems or storage containers that may be physically connected in any manner to an appliance capable of causing contamination of the potable water supply of the purveyor of record. Final approval of the system(s) under consideration will not be granted by this office until compliance with the requirements of the water purveyor of record are documented by that purveyor as having been met by the applicant(s). 2016 CFC Sec. 903.3.5 and Health and Safety Code 13114.7. 43. Address identification: New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a private road and Exhibit A -Conditions of Approval ~ 337 E. Hamilton Avenue Page 12 PLN2017-123 -Conditional Use Permit w/ Site and Arch. Review the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address numbers shall be maintained. CFC Sec. 505.1 Note: This review shall not be construed to be an approval of a violation of the provisions of the California Fire Code or of other laws or regulations of the jurisdiction. A permit presuming to give authority to violate or cancel the provisions of the Fire Code or other such laws or regulations shall not be valid. Any addition to or alteration of approved construction documents shall be approved in advance. [CFC Ch.1, 105.3.6]