CC Resolution 12713 RESOLUTION NO. 12713
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL APPROVING A MAJOR MODIFICATION
(PLN-2021-21) TO A PREVIOUSLY APPROVED PLANNED
DEVELOPMENT PERMIT (PD 82-05) TO ALLOW
CONSTRUCTION OF A 1,796 SQUARE-FOOT ADDITION AND
FACADE IMPROVEMENTS TO AN EXISTING ONE-STORY
MEDICAL OFFICE BUILDING, APPROVAL OF A TREE
REMOVAL PERMIT FOR REMOVAL OF TWO TREES, AND
APPROVAL OF AN AUTHORIZATION TO REMOVE A
DEAD/DYING TREE FOR FIVE TREES ON PROPERTY
LOCATED AT 429 LLEWELLYN AVENUE. FILE NO.:
PLN-2021-21
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 City Council finds as follows with regard to file number PLN-2021-21:
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. A previous Modification (PLN2019-104) was approved in 2019 for a 539 square-foot
addition however a building permit was not obtained and the approval has since
expired, rendering the previous Modification void.
6. The proposed project is an application to modify the previously approved Planned
Development Permit (PD 82-05) to allow construction of a 1,796 square-foot addition
and façade improvements to the existing one-story medical office building.
7. A medical office building is subject to a parking requirement of 1 space for each 200
square feet of gross floor area. The proposed 8,364 square-foot building (including the
addition) requires 42 parking spaces and as conditioned, the site will provide the
required number of parking spaces.
8. 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).
City Council Resolution 12713 Page 2 of 4
PLN-2021-21 — Planned Development Modification, Tree Removal Permit, and
Authorization to Remove Dead/Dying Trees
429 Llewellyn Ave.
9. The proposed project includes removal of four dead/dying Mayten trees and one dying
Sweetgum tree which will require five replacement trees pursuant to CMC Sec.
21.32.100.
10.The proposed project requests removal of one Sweetgum tree and one Mayten tree to
enable site landscape improvements which would require two replacement trees
pursuant to CMC Sec. 21.32.100.
11.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
community land use needs, such as housing and open space, and while
providing high quality services to the community.
12.In review of the proposed project, the City Council 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.
13.The City Council 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.
14.The City Council 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.
15.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 City Council further finds and concludes
that:
Tree Removal Permit Findings (CMC Sec. 21.32.080.A):
City Council Resolution 12713 Page 3 of 4
PLN-2021-21 — Planned Development Modification, Tree Removal Permit, and
Authorization to Remove Dead/Dying Trees
429 Llewellyn Ave.
1. Retention of the Sweetgum and Mayten trees would restrict the economic enjoyment of
the property by preventing site landscape improvements and there are no reasonable
alternatives to preserve the trees pursuant to Finding No. 5 (Economic Enjoyment and
Hardship).
Planned Development Permit Findings (CMC Sec. 21.12.030.H.6):
2. 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;
3. The proposed development would be compatible with the general plan and will aid in
the harmonious development of the immediate area;
4. The proposed development would not be detrimental to the health, safety or welfare of
the neighborhood or of the city as a whole.
5. The establishment will not create a nuisance due to litter, noise, traffic, vandalism or
other factors;
6. There is a reasonable relationship and a rough proportionality between the Conditions
of Approval and the impacts of the project;
7. There is a reasonable relationship between the use of the fees imposed upon the
project and the type of development project;
Environmental Findings (CMC Sec. 21.38.050):
8. 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.
9. There are no unusual circumstances that would prevent the project from qualifying as
Categorically Exempt per Section 15300.2 of the CEQA Guidelines.
THEREFORE, BE IT RESOLVED that the City Council approves a Major Modification
(PLN-2021-21) to a previously approved Planned Development Permit (PD 82-05) to allow
construction of a 1,796 square-foot addition and facade improvements to an existing one-
story medical office building, approval of a Tree Removal Permit to remove two trees, and
approval of an Authorization to Remove a Dead/Dying Tree for five trees, on property
located at 429 Llewellyn Avenue, subject to the attached Conditions of Approval
(attached Exhibit "A").
PASSED AND ADOPTED this 18th day of May, 2021, by the following roll call vote:
AYES: COUNCILMEMBERS: Bybee, Lopez, Resnikoff, Gibbons
NOES: COUNCILMEMBERS: Landry
City Council Resolution Page 4 of 4
PLN-2021-21 — Planned Development Modification, Tree Removal Permit, and
Authorization to Remove Dead/Dying Trees
429 Llewellyn Ave.
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
f r-
APPROVED•
a th "Liz" Gibb ns, Mayor
ATTEST:
CD
Dusty Christopherson, City Clerk
EXHIBIT A
CONDITIONS OF APPROVAL
Major Modification, Tree Removal Permit, and Dead/Dying Tree Removal
(PLN-2021-21)
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 (PLN-2021-21) to a
previously approved Planned Development Permit (PD 82-05) to allow construction of a
1,796 square-foot addition and facade improvements to an existing one-story medical
office building, for a Tree Removal Permit to remove two trees, and for an Authorization
to Remove a Dead/Dying Tree for five trees 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 March 26, 2021, 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 May 18, 2022). Within
this one-year period, an application for building permit(s) must be submitted. Failure to
meet this deadline or expiration of the building permit plan check or 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. Plan Revisions: The construction plans submitted for a building permit shall incorporate
the following revision(s):
a. Additional Parking Space: The plans shall be revised to provide three new parking
spaces where two new parking spaces are proposed near the northeast corner of
the building in the March 26, 2021 Revised Project Plans, for a total of 42 parking
spaces. Alternatively, the building addition area shall be reduced by 66 square feet
to result in a parking demand of 41 parking spaces.
b. Tree Replacement Plan: The plans shall include a Tree Replacement Plan for the
trees approved for removal in compliance with CMC Sec. 21.32.100 and 21.32.110.
The species, size, and location shall be subject to review and approval by the
Community Development Director.
Exhibit A— Recommended Conditions of Approval Page 2 of 7
429 Llewellyn Ave
PLN-2021-21 — Major Modification, Tree Removal, and Dead/Dying Tree Removal
c. Bicycle Parking: The plans shall be revised to provide a bicycle rack for secure on-
site bicycle parking. The location, design, and capacity of the bicycle rack shall be
subject to review and approval by the Community Development Director.
5. 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.
6. 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.
7. Tree Protection: The City's "Standards for Tree Protection During Construction"
(enclosed) shall be implemented during construction to protect existing trees to remain.
The building permit plans shall be revised as necessary to demonstrate compliance
with the tree protection standards.
8. Water Efficient Landscape Standards: New and rehabilitated landscape areas are
subject to CMC Chapter 21.26 and the City's Water-Efficient Landscape Guidelines
available at: http://www.cityofcampbell.com/DocumentCenterNiew/176 or on the
Planning Division's Zoning and Land Use webpage through www.cityofcampbell.com.
The building permit application submittal shall demonstrate compliance with the
applicable requirements including but not limited to a mix of materials, permanent
irrigation, and low-water use plants to the satisfaction of the Community Development
Director.
9. 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).
10.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.
11.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.
12.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.
Exhibit A — Recommended Conditions of Approval Page 3 of 7
429 Llewellyn Ave
PLN-2021-21 — Major Modification, Tree Removal, and Dead/Dying Tree Removal
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City of Campbell. 70 N.Fir:t Street, Campbell, CA 9F00S, (40S) 86.45-2140
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J. STANDARDS FOR TREE PROTECTION DURING
CONSTRUCTION
Construction of private property where protected trees are designated for preservation shall be
protected during development of a property by compliance with the following:
I. Protective fencing shall be installed no closer to the trunk than the dripline, 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 minimum of six feet in height and shall be set securely in place.
B. The fence chall be chain link without slats to allow visibility to the trunk for
inspections and safety.
C. There shall be no storage of any kind prior to or at such time after the protective
fencing is installed.
D. The fence may be adjusted as necessary to accommodate work approved within the
dripline provided any excavation is done in accordance with instructions directed by
a qualified arbonst.
2. The existinu grade level around a tree shall normally be maintained out to the dripline of
the tree. Alternate grade levels may be approved by the Community Development
Director when it is reasonably demonstrated that the alternate grade will not damage the
health of the tree.
3. Drain wells shall be installed whenever impervious surfaces will be placed over the root
system of a protected tree the root system generally 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.
5. Trees cannot be pruned to accommodate grading or construction without the express
written approval of the City. Upon receipt of written approvaL pruning of trees must be
undertaken in accordance with "Pruning Standards'.of the International Society of
Arboriculture and must be carried out by a licensed arborist.
6. Soil compaction of the area under the dripline of the tree shall be avoided dining all
phases of site clearing and construction.
7. No soil sterilants or weed killer that will inhibit or restrict the tree's 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 arborist and specified in any report
prepared for development projects with City review 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 4 of 7
429 Llewellyn Ave
PLN-2021-21 - Major Modification, Tree Removal, and Dead/Dying Tree Removal
13.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.
14.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.
Building Division
15.Permit Required: A Building Permit application shall be required for the proposed
project. The Building Permit shall include Electrical/Plumbing/Mechanical fees when
such work is part of the permit.
16.Conditions of Approval: The Conditions of Approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
17.Construction Fencing: This project shall be properly enclosed with construction fencing
to prevent unauthorized access to the site during construction. The construction site
shall be secured to prevent vandalism and/or theft during hours when no work is being
done.
PUBLIC WORKS DEPARTMENT
18.The scope of this project trippers the requirement for Frontage Improvements as
required by Campbell Municipal Code 11.24.040. The applicant will be required to
apply for an Encroachment permit to replace existing driveway to the current City
standard driveway, replace uplifted/broken sidewalk along project frontage and install
truncated domes on the frontage sidewalk adjacent to Plum Blossom Lane.
19.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- Recommended Conditions of Approval Page 5 of 7
429 Llewellyn Ave
PLN-2021-21 - Major Modification, Tree Removal, and Dead/Dying Tree Removal
20.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 (set commercial land use).
21.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.
22.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://www.ci.campbell.ca.us/219) has detailed information on the streets currently
under moratorium and the enhanced restoration requirements.
Llewellyn Avenue has been slurry sealed in the last 5 years and currently under Street
Cut Moratorium from 03/08/2017 to 03/08/2022.
23.Plans / Encroachment Permit / Fees / Deposits: Prior to issuance of any grading or
building permits for the site, the applicant shall 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.
a. Removal of existing driveway and installation of City standard ADA compliant
driveway approach.
b. Replacement of broken/uplifted sidewalk along project frontage.
c. Installation of truncated on the sidewalk along project frontage adjacent to Plum
Blossom Lane.
24.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
Exhibit A — Recommended Conditions of Approval Page 6 of 7
429 Llewellyn Ave
PLN-2021-21 Major Modification, Tree Removal, and Dead/Dying Tree Removal
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.
25.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.
26.Trash Enclosure Requirements:
a. NPDES Permit No. CAS612008 (CRWQCB): C.3.a.i. (7): For all new
development and redevelopment projects that are subject to the Permittee's
planning, building, development, or other comparable review, but not regulated
by Provision C.3, encourage the inclusion of adequate source control measures
to limit pollutant generation, discharge, and runoff. These source control
measures should include:
i. 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. Trash enclosure shall
address the following:
i. Installation of area drain in the trash enclosure and connection of area drain to
the sanitary sewer.
ii. Installation of grade break (if not existing) to prevent run off from the trash
enclosure (covered area) to the parking lot (uncovered area) and vice versa.
c. West Valley Sanitation District (WVSD), the local sanitary sewer agency, will
require a roof on the enclosure if the trash enclosure drain connects to their
sanitary sewer system.
Fire Department
27.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.
28.Fire Sprinklers Required: An automatic fire sprinkler system shall be provided
throughout buildings with a Group I fire area. [CFC 903.2.6] Indicate in Project Data,
Sheet 0-0 that an automatic sprinkler system will be provided throughout the structure
as well as the new covered trash enclosure.
Exhibit A- Recommended Conditions of Approval Page 7 of 7
429 Llewellyn Ave
PLN-2021-21 - Major Modification, Tree Removal, and Dead/Dying Tree Removal
29.Fire Alarm Required: A manual and automatic fire alarm system shall be installed in
Group 1-2 and 1-2.1 occupancies. Indicate in Project Data, Sheet 0-0 that a fire alarm
system will be provided in accordance with CFC 907.2.6.2.
30.Access Shall Be Maintained: Fire department access to the site, the building, and to all
fire protection systems shall be maintained at all times, in accordance with CFC
Chapter 5. No obstruction such as vehicles, storage, and other materials or objects
shall be placed or kept near fire hydrants, fire department inlet connections, or fire
protection system control valves in a manner that would prevent such equipment or fire
hydrants from being immediately discernible, in accordance with CFC § 508.5.4.
31.Construction Site Fire Safety: All construction sites must comply with applicable
provisions of the CFC Chapter 33 and our Standard Detail and Specification S1-7.
Provide appropriate notations on subsequent plan submittals, as appropriate to the
project. CFC Chp. 33.
32.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]