PC Res 4526RESOLUTION NO. 4526
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A
MAJOR MODIFICATION (PLN2019-104) TO A PREVIOUSLY
APPROVED PLANNED DEVELOPMENT PERMIT (PD 82-05) TO
ALLOW CONSTRUCTION OF A 539 SQUARE -FOOT ADDITION TO
AN EXISTING ONE-STORY MEDICAL OFFICE BUILDING AND
AUTHORIZATION FOR REMOVAL OF A DEAD TREE ON
PROPERTY LOCATED AT 429 LLEWELLYN AVENUE. FILE NO.:
PLN2019-104
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 PLN2019-104:
Evidentiary Findings
1. The project site is located on the west side of Llewellyn Avenue, at the northwest
corner of Llewellyn Avenue and Plum Blossom Lane.
2. The project site is within the P-D (Planned Development) Zoning District and is
designated with a General Commercial land use designation by the General Plan.
3. The project site was developed under a Planned Development Permit (PD 82-05)
granted by the City Council in 1982.
4. The existing building was approved as a medical office by Administrative Planned
Development Permit PLN2007-48.
5. The proposed project is an application to modify the previously approved Planned
Development Permit (PD 82-05) to allow construction of a 539 square -foot addition to
the existing one-story medical office building.
6. A medical office building is subject to a parking requirement of 1 space for each 200
square feet of gross floor area. The proposed 7,107 square -foot building (including the
addition) requires 36 parking spaces and the site provides 39 parking spaces.
7. The proposed project constitutes a "Major Modification" to the previously approved
Planned Development Permit because it "proposes to add additional square footage or
substantially alter the design or specifications approved by the site plan shall be
reviewed by the planning commission and approved by the City Council" (CMC Sec.
21.12.030.H.3.b).
8. The proposed project includes removal of a dead Mayten tree which requires a
replacement tree.
9. The proposed project, as conditioned, would be consistent with the following General
Plan policies and strategies:
Policy 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
Planning Commission Resolution No. 4526 Page 2 of 3
Recommending Approval of Planned Development Modification
PLN2019-104 - 429 Llewellvn Ave
community land use needs, such as housing and open space, and while
providing high quality services to the community.
10.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.
11. 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.
12. 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.
13. 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;
Planning Commission Resolution No. 4526 Page 3 of 3
Recommending Approval of Planned Development Modification
PLN2019-104 - 429 Llewellvn Ave
5. The establishment will not significantly disturb the peace and enjoyment of the nearby
residential neighborhood; and
6. This project is Categorically Exempt under Section 15301 (Class 1) of the California
Environmental Quality Act (CEQA) Guidelines pertaining to minor alterations to an
existing private structure, involving negligible or no expansion of use.
THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval of
a Major Modification (PLN2019-104) to a previously approved Planned Development
Permit (PD 82-05) to allow construction of a 539 square -foot addition to an existing one-
story medical office building and an Authorization to Remove a Dead Tree on property
located at 429 Llewellyn Avenue, subject to the attached Conditions of Approval
(attached Exhibit "A").
PASSED AND ADOPTED this 10th day of September, 2019, by the following roll call vote:
AYES:
Commissioners:
NOES:
Commissioners:
ABSENT:
Commissioners:
ABSTAIN:
Commissioners:
Buchbinder, Ching, Hines, Krey, Ostrowski, and Rivlin
APPROVED:
ATTEST:
Paul Vrmoyan, Secretary
EXHIBIT A
RECOMMENDED CONDITIONS OF APPROVAL
Major Modification and Authorization to Remove a Dead Tree (PLN2019-104)
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 Major Modification (PLN2019-104) to a
previously approved Planned Development Permit (PD 82-05) to allow construction of a
539 square -foot addition to an existing one-story medical office building and for an
Authorization to Remove a Dead Tree on property located at 429 Llewellyn Avenue.
The project shall substantially conform to the Revised Project Plans, stamped as
received by the Planning Division on June 27, 2019, except as modified by Conditions
of Approval contained herein.
2. Permit Expiration: The Major Modification approved herein ("Approval") shall be valid
for one (1) year from the date of City Council approval (expiring October 1, 2020).
Within this one-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. Once established, this Approval shall be valid in
perpetuity on the property, subjected to continued operation of the use. Abandonment,
discontinuation, or ceasing of operations for a continuous period of twelve months shall
void the Approval.
3. Previous Conditions of Approval: The conditions of approval contained herein shall be
considered additional to those provided by PD 82-05 and PLN2007-48.
4. Rough Framing and Planning Final Inspections Required: Planning Division clearance
is required prior to Rough Framing inspection and 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. Location of Mechanical Equipment: No roof -mounted mechanical equipment (i.e. air
conditioning units, ventilation ducts or vents), shall be added to the existing buildings
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.
6. Tree Protection: The City's "Standards for Tree Protection During Construction" below
shall be implemented during construction to protect existing trees to remain. The
Exhibit A - Recommended Conditions of Approval
429 Llewellyn Ave
PLN2019-104 - Major Modification
Page 2 of 7
building permit plans shall be revised as necessary to demonstrate compliance with the
tree protection standards.
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Cisy of Campbell, '11 N. Fir-.t Street. Campbell, CA 95008, (408) 866-2140
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} STANDARDS FOR TREE PROTECTION DURING
CONSTRUCTION
Construction of private proper- inhere protected trees are designated for preservation shall be
protected during development of a property b�- compliance with the following:
1. Protective fencing shall be installed no closer to the trunk than the dnptme. and far
enough from the trunk to protect the integrity- of the tree. Protective fencing shall be
installed as followed:
A. The fence shall be a mininntm of six feet in heiutirt and shall be set securely in place-
B. The fence shall be chain link without slats to allow Izsibility to the trunk• for
inspections and safety.
C. There shall be no storage of any kind prior to or at such tinge after the protective
fencing is installed.
D. The fence may be adjusted as necessary to accommodate work, approved within the
dripline provided anN• excavation is done in accordance with instructions directed by
a qualified arborist.
�. The emsting grade level around a tree shall nermall); be maintained out to the driphne of
the tree. Alternate grade levels may be approved by the C'ommumity Development
Director when it is reasonably demonstrated than the alternate grade will not damage the
health of the tree.
i. Drain wells ;hall be installed whenever impervious surfaces will be placed over the root
system of a protected tree (the root system generall-• extends to the outermost edges of
the branches).
4. Trees that have been damaged by construction shall be repaired in accordance with
accepted arboriculture methods
j. Trees cannot be primed to accommodate grading or construction without the express
written approval of the City-. Upon receipt of written approyaL pruning of trees must be
undertaken in accordance with "Pnlll Standards" of the International Society of
Arboriculture and must be carried out by a licensed arbonst.
6. Soil compaction of the area under the dnphne of the tree shall be avoided during all
phases of site clearing and construction.
No soil sterilants or weed killer that inhibit or restrict the trees growth may be
applied in the root area.
S. No signs, wires or any other object shall be attached to the tree.
9. Any other measures deemed necessary. by a qualified arbonst and specified in any report
prepared for development projects ,%ith City re�zew and approval.
10. The applicant shall provide the project planner with photos of the installed protective
fencing prior to issuance of a building permit.
Exhibit A - Recommended Conditions of Approval Page 3 of 7
429 Llewellyn Ave
PLN2019-104 - Maior Modification
7. On -Site Lighting: Exterior lighting shall be shielded away from adjacent residential units
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).
8. 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.
9. 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.
10. Construction Activity: The following standards shall apply to construction of the project:
• Construction Hours (CMC 18.04.052): Construction activity shall be limited to the
hours of eight a.m. and five p.m. daily, Monday through Friday. Saturday hours of
construction shall be nine a.m. and four p.m. There shall be no construction activity
on Sundays or National Holidays.
• Construction Noise (CMC 18.04.052): No loud environmentally disruptive noise over
fifty dbs., such as air compressors without mufflers, continuously running motors or
generators, loud playing musical instruments or radios will be allowed during the
authorized hours of construction, Monday through Saturday, where such noise may
be a nuisance to adjacent residential neighbors. Such nuisances shall be
discontinued.
• Contractor Contact Information Posting: 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 issuance of building permits.
11. Construction Hours/Fines/Stop Work Notice: Failure to comply with permitted working
hours that result in verified complaints may result in the issuance of a Stop Work Notice
issued to the project with cessation of work for a minimum of seven (7) days from the
date of issuance and an Administrative fine of up to $1,000.00.
12. Timely Completion: Once under construction it shall be the obligation of the property
owner and contractor to demonstrate continued progress on the project. In the event
the building permit expires, the City may impose fines or exercise administrative
remedies to compel timely completion of work.
Building Division
13. PERMITS REQUIRED: A building permit application shall be required for the proposed
addition to the (e) commercial structure. The building permit shall include
Electrical/Plumbing/Mechanical fees when such work is part of the permit.
Exhibit A - Recommended Conditions of Approval Page 4 of 7
429 Llewellyn Ave
PLN2019-104 - Maior 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.0 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 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.
22.TITLE 24 ACCESSIBILITY - COMMERCIAL: Projects seeking to use the Title 24
Hardship exemption clause shall blue -line completed, City of Campbell "20%"
exemption form on submitted construction plans. Form is available at Building Division
service counter.
23.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. School District:
i. Campbell Union School District (378-3405)
Exhibit A - Recommended Conditions of Approval Page 5 of 7
429 Llewellyn Ave
PLN2019-104 - Major Modification
ii. Campbell Union High School District (371-0960)
iii. Moreland School District (874-2900)
iv. Cambrian School District (377-2103)
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.
25.CALIFORNIA GREEN BUILDING CODE: This project (Addition) is required to comply
with the California Green Building Code, Non -Residential Mandatory requirements
(Chapter 5) 2016 edition. Please indicate how compliance with Chapter 5 will be made.
City of Campbell Verifies compliance per Section 5.504.4.5.3 Documentation (1).
Please submit 2 sets of product specification sheets for all material cited in Chapter 5.
26.TRASH ENCLOSURE: Trash enclosure shall have drain to Sanitary Sewer and Fire
Sprinklers approved by Santa Clara County Fire Dept.
PUBLIC WORKS DEPARTMENT
27. 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
upgrade the existing driveway to be accessible (ADA) compliant.
28. Grading and Drainage Plan: Prior to issuance of any grading or building permits for the
site, the applicant shall conduct hydrology studies based on a ten-year storm
frequency, prepare an engineered grading and drainage plan, and pay fees required to
obtain necessary grading permits. Prior to occupancy, the design engineer shall
provide written certification that the development has been built per the engineered
grading and drainage plans.
In addition, a plan review letter will be required of the Geotechnical engineer for the
entire grading and drainage system which should include but is not limited to a review
of the subsurface of the non -compacted biotreatment material that may have potential
for subsurface failure and surface failure due to vehicle loads.
29. 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.
30. Storm Drain Area Fee: Prior to issuance of any grading or building permits for the site,
the applicant shall pay the required Storm Drain Area fee, currently set at $2,650.00
per net acre, which is $2,650.00.
31. 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
Exhibit A - Recommended Conditions of Approval Page 6 of 7
429 Llewellyn Ave
PLN2019-104 - Major Modification
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.
32. 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.
33. Water Meter(s) and Sewer Ceeanout(s): Proposed water meter(s) and sewer
cleanout(s) shall be relocated or installed on private property behind the public right-of-
way line.
34. 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.
35. Pavement Restoration: The applicant shall restore the pavement in compliance with
City standard requirements. In the event that the roadway has recently received a
pavement treatment or reconstruction, the project will be subject to the City's Street Cut
Moratorium. The applicant will be required to perform enhanced pavement restoration
consistent with the restoration requirements associated with the Street Cut Moratorium.
The City's Pavement Maintenance Program website
(https-Hwww.ci.campbell.ca.us/219) has detailed information on the streets currently
under moratorium and the enhanced restoration requirements.
36. Encroachment Permit/Fees/Deposits: The applicant shall obtain an encroachment
permit (including fees, surety and insurance) for construction of the following standard
public street improvements (Revise plan to show this work):
Exhibit A — Recommended Conditions of Approval Page 7 of 7
429 Llewellyn Ave
PLN2019-104 — Major Modification
a. Construction of a new (Detail D-19) ADA commercial compliant driveway
approach.
b. Retrofit the ADA accessible ramp at Llewellyn Avenue and Plum Blossom Lane
w/ City of Campbell truncated domes. Detectable warning surface shall be
precast 1' x 1' x 2" ADA compliant detectable warning concrete pavers —
Wausau Terra pavers, ADA 2 -60, as manufactured by Wausau Tile or approved
equal. Contractor shall provide a sample paver a minimum of 14 days prior to
installation. City reserves the right to change paver specifications.
c. Construction of conforms to existing public and private improvements, as
necessary.
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 and pavement restoration
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.
Fire Department
41. Review of this development proposal is limited to acceptability of site access, water
supply and may include specific additional requirements 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 Division all
applicable construction permits.
42. 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, 105.3.61