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CC Resolution 12875 - Approving Permit with site and architecturalRESOLUTION NO. 12875 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT WITH SITE AND ARCHITECTURAL REVIEW TO ALLOW FOR THE CONVERSION OF A SINGLE-FAMILY RESIDENCE INTO A COMMERCIAL USE (PROFESSIONAL OFFICE) AND A PARKING MODIFICATION PERMIT TO ALLOW FOR A REDUCTION IN THE NUMBER OF REQUIRED PARKING SPACES FOR PROPERTY LOCATED AT 1308 PARSONS AVENUE. FILE NO. PLN-2020-64 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 the approval of a Conditional Use Permit. with Site and Architectural Review and a Parking Modification Permit: Environmental Finding The project may be found Categorically Exempt under Section 15332 of the California Environmental Quality Act (CEQA), pertaining to In -Fill Development Projects which are found consistent with all applicable general plan policies and zoning regulations, are under five acres in size, and substantially surrounded by urban uses, under Section 15301 pertaining to the operation and leasing, and minor alteration of an existing private structure, and Section 15303 pertaining to the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structures and pertaining to the construction of new small facilities and structures. Evidentiary Findings 2. The proposed project includes a General Plan and Zoning Map Amendment to allow a portion of 1336 Parsons Avenue to change in land use designation from Low -Density Residential (Less than Six Units per Gross Acre) to Professional Office, and zoning designation from R-1-6 (Single -Family Residential) to P-O (Professional Office) in order to facilitate the transfer of a portion of a commercial parking lot built on a residential property to an adjoining commercial property located at 1308 Parsons Avenue. The project also includes a Conditional Use Permit with Site and Architectural Review to allow the conversion of a single-family residence to a commercial use and Parking Modification Permit to allow a reduction in the number of required parking spaces for property located at. 1308 Parsons Avenue. 3. The project site comprises two properties (1308 & 1336 Parsons Avenue) which are located on the east side of Parsons Avenue, south of Camden Avenue and north of Sharp Avenue. The properties abut single family residences to the south. 4. The project site has no value as habitat for endangered, rare, or threatened species (i.e., wetland), the project will not result in any significant effects related to traffic, noise, City Council Resolution No. 12875 Page 2 of 5 Conditional Use Permit with Site and Architectural Review & Parking Modification 1308 Parsons Avenue I File No. PLN-2020-64 or air/water quality, and can be adequately served by all. required utilities and public services. 5. This action is for a Conditional Use Permit with Site and Architectural Review to allow the conversion of a single-family residence to a commercial use and Parking Modification Permit to allow a reduction in the number of required parking spaces for property located at 1308 Parsons Avenue. 6. The General Plan land usedesignationfor the property is Professional Office. 7. The project site is zoned P-O (Professional Office). 8.. The property is approximately 11,058 square feet and will be approximately 12,973 square feet after an 1,844 sq. ft. transfer, in lot area from 1336 Parsons Avenue. 9. The Conditional use Permit with Site and Architectural Review and Parking Modification Permit is subject to the recordation of the lot line adjustment facilitating the transfer of approximately 1,844 square feet of area from 1336 Parsons Avenue and shall apply to the property as established following the lot line adjustment. 10. The Planning Comm ission's.review of the, proposed project encompassed zoning and General Plan land use conformance, noise, circulation, traffic, and parking. 11. The proposed use of the property is for a 'professional office' (converted residence to a commercial use). 12. No use of the property, except as allowed by the P-O (Professional Office) zoning designation, shall be permitted. Further, no use of the property permitted with a conditional use permit shall be allowed without first obtaining a conditional use permit. 13. Pursuant to Section 21.28.040 (Table 3) of the Campbell Municipal Code (CMC), professional offices are required to provide 1 space per 225 square feet of floor area. For the 3,743 square -foot building a minimum of 17 parking spaces are required where 15 parking spaces have been provided. 14. The Zoning Code implements the General Plan, which encourages the redevelopment of non -conforming properties as conforming uses (Policy LUT-5.8). 15. The General Plan includes goals, policies and strategies that were reviewed to ensure the proposed project would be consistent with the General Plan and serve to further, and not frustrate, its objectives including, but not limited to, the. following policies and strategy: Policy LUT-5.1: Neighborhood Integrity: Recognize that the City is composed of residential, industrial and commercial neighborhoods, each with its own individual character; and allow change consistent with reinforcing positive neighborhood values, while protecting the integrity of the city's neighborhoods. City. Council Resolution No. 12875 Page 3 of 5 Conditional Use Permit with Site and Architectural Review & Parking Modification 1308 Parsons Avenue I File No. PLN-2020-64 Strategy LUT-5.6c: Physical Buffers: Provide landscaped buffers, sidewalks and equipment screening to provide a visual and noise -abating buffer between uses. Policy LUT-5.8: Non -Conforming Uses: Encourage non -conforming properties to redevelop as conforming uses. Based upon the foregoing findings of fact, the City Council further finds and concludes that: Conditional Use Permit Findings (CIVIC Sec. 21.46.040): 16. 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; 17. The proposed use is consistent with the General Plan; 18. 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; 19. 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; 20. 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 21. 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 Findings (CMC Sec. 21.42.060) 22. The project will be consistent with the general plan; 23. The project will aid in the harmonious development of the immediate area; and 24. The project is consistent with applicable adopted design guidelines, development agreement, overlay district, area plan, neighborhood plan, and specific plan(s). Parking Modification Permit Findings (CIVIC Sec. 21.12.030.H.7) 25. Due to the unique nature and circumstances of the project, or special development features, the anticipated number of parking spaces necessary to serve the use or structure is less than that required by the applicable off-street parking standard, and would be satisfied by the existing or proposed number of parking spaces, as supported City Council Resolution No. 12875 Page 4 of 5 Conditional Use Permit with Site and Architectural Review & Parking Modification 1308 Parsons Avenue I File No. PLN-2020-64 by review of the applicant's documentation and/or a parking demand study prepared by a qualified transportation engineer accepted by the decision -making body; 26. Conditions of approval have been incorporated into the project to ensure the long-term adequacy of the provided off-street parking; 27. Approval of the parking modification permit will further the purpose of the Parking and Loading Chapter; Environmental Finding(s) (CMC Sec. 21.38.050): 28. The project is Categorically. Exempt under Section 15332 of the California Environmental Quality Act (CEQA), pertaining to In -Fill Development Projects which are found consistent with all applicable general plan policies and zoning regulations, are under five acres in size, and substantially surrounded by urban uses, under Section 15301 pertaining to the operation and leasing, and minor alteration of an existing private structure, and Section 15303 pertaining to the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structures: and pertaining to the construction of new small facilities and structures; and 29. 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 Conditional Use Permit (PLN-2020-64) with Site and Architectural Review to allow for the conversion of a single- family residence into a "commercial use (Professional Office) and a Parking Modification Permit to allow for a reduction in the number of required parking spaces for property located at 1308 Parsons Avenue, subject to the attached Conditions of Approval (attached Exhibit A). PASSED AND ADOPTED this 16th day of August, 2022, by the following roll call vote: AYES: COUNCILMEMBERS: Gibbons, Lopez, Landry, Bybee, Resnikoff NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None APPROVED: Paul Resnikoff, Mayor ATTEST: Andrea ders, City Clerk EXHIBIT A CONDITIONS OF APPROVAL Conditional Use Permit with Site and Architectural. Review & Parking Modification Permit (P.LN-2020-64) 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 to allow for the conversion of a single-family residence into a commercial use (Professional Office) and .a Parking Modification Permit to allow for a reduction in the number of required parking spaces for property located at 1308 Parsons Avenue on property located .at 1308 Parsons Avenue: The project shall substantially conform to the Project Plans, included as Attachment E in the August 16., 2022, City Council Staff Report, except as modified by the Conditions of Approval. 2. Plan Revisions: Prior to submittal of a building permit, the following revisions to the project plans shall be made: a. Landscaping: Additional landscaping shall be added between parking spaces along the project frontage (i.e., spaces 1 to 7, and 8 & 9) and interior of the site (i.e., spaces 11 to 13). b. Bicycle Rack: A minimum of one bicycle rack shall be added to the property. c. Manuvering: The angle of space 9 and associated loading/unloading space shall be adjusted to minimize maneuvering . conflicts with the existing onsite bollard located in the vehicle backup area to the west. Compliance with these requirements shall be to the satisfaction of the Director of Community Development. 3.. Operational Standards: a. Allowed Use: No use of the property, except as allowed by the P-O (Professional Office) zoning designation, shall be permitted. Further, no use of the property permitted with a conditional use permit shall be allowed without first obtaining a conditional use permit. b. Parking Management: In the event that three verifiable complaints are received by the City regarding parking, the Community Development Director may require Conditions of Approval Conditional Use Permit with Site and Architectural Review and Parking Modification File No.: PLN-2020-64 Page 2of8 establishment of limited duration parking, reduce the permitted occupancy, limit the hours of operation, require additional parking management strategies and/or return the project to the Planning Commission for -review. c. Smoking: "No Smoking" signs shall be posted on the. premises in compliance with CIVIC 6.11.060. d. Loitering: There shall be no loitering allowed outside the business. The business owner is responsible for monitoring the premises to prevent loitering. e. Live Entertainment: No live entertainment is permitted as part of the Conditional Use Permit, including live music, disc jockey, karaoke, and dancing. f. Noise: Music shall be played indoors and.at a low level at all times. No music shall be audible from outside the tenant space. Unreasonable levels -of noise, sounds and/or voices, including but not limited to amplified sounds, loud speakers, sounds from audio sound systems, music, and/or public address system, generated by the establishment shall not be audible to a person of normal hearing capacity from any residential property. 4. Permit Expiration: The Conditional Use Permit with Site .and Architectural Review and a Parking Modification Permit approved herein shall be valid,for one year from the date of final approval. Within this one-year period, building permits must be submitted to the City of Campbell. 5. Indemnity: By exercise of this permit approval, the applicant shall indemnify and defend the City of Campbell, its officers, officials, employees, and agents from any and all actions, liabilities, losses, and torts,' including attorney's fees arising out of or .connected unto any challenge to the decision of the City Council on this application. 6. 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. 7. 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. 8. Plan Revisions: Upon prior approval by the Community Development Director, all Minor Modifications to the approved project plans shall be included in the construction drawings submitted for Building Permit. Any modifications to the Building plan set during construction .shall require submittal of a Building Permit Revision and approval by the Building Official prior to Final Inspection. Conditions of Approval Conditional Use Permit with Site and Architectural Review and Parking Modification File No.: PLN72020764 Paae 3 of 8 9. Water Efficient Landscape Standards: This .project is subject to the California Model Water Efficient Landscape Ordinance (MWELO). The building permit application submittal shall demonstrate compliance with applicable MWELO and landscaping requirements. . 10. Signage: .No signage is approved as part of the development application approved herein. All signage shall be installed and maintained consistent with the provision of the Sign -Ordinance, Chapter. 21.30 of the Campbell Municipal Code. 11. 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.. 12.Outdoor Storage: No outdoor storage As permitted on the subject property (not including marked business vehicles which may be parked overnight). 13. Business License: A valid City of Campbell business license shall be maintained for any business operating on the property at all times. 14. Property_ Maintenance: All exterior areas shall be maintained free from graffiti, trash, rubbish, posters and stickers placed on the property. 15. Parking & Driveway Areas: All parking and driveway areas shall be striped and maintained in compliance with the approved plans and Chapter 21.28 (Parking and Loading) of the Campbell Municipal Code. All parking and driveway areas shall be regularly swept and cleaned to remove litter and debris. 16. Noise: Doors shall remain closed at all times the facility is in use. Regardless of decibel level, noise shall not obstruct the free use of neighboring uses so as to unreasonably interfere with the comfortable enjoyment of adjoining properties or tenant spaces. 17. Landscaping: All exterior landscaping, including trees, shall be maintained in good condition. 18.On-Site Lighting: On -site lighting shall be shielded away from adjacent properties and directed on site. The design and type of lighting fixtures and lighting intensity of any proposed exterior lighting for the project shall be reviewed and approved by the Community Development Director prior to installation of the lighting for compliance with all applicable Conditions of Approval, ordinances, laws and regulations. Lighting fixtures shall be of a decorative design to be compatible with the residential development and shall incorporate energy saving features. Conditions of Approval Conditional Use Permit with Site and Architectural Review and Parking Modification File No.: PLN-2020-64 Page 4 of 8 19. Perimeter Fencing/Walls: Fencing and walls surrounding the perimeter of the site shall be maintained in good condition. 20. Revocation of Permit: Non-compliance with these'standards, or any other conditions of approval specified herein or any standards, codes, or ordinances of the City of Campbell or State of California shall be grounds for consideration of revocation by the Planning Commission. In order to cover staff costs for a revocation hearing, the applicant shall be required to cover the time and materials for such action, not to exceed the cost of a Conditional Use Permit based on the fee schedule in effect at the time of the public hearing. In the event the Planning Commission finds that no wrongdoing has occurred, no payment shall be required. 31114:111�IC1-11AAR L67T1 21. Permits Required: A building permit application shall be required. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 22. Construction Plans: The conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 23. 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. 24. Size Of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 25. 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. Elevation bench marks shall be called out at all locations that are identified as "natural grade" and intended for use to determine the height of the proposed structure. 26. 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. 27. 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. 28. Non -point Source Pollution: The City of Campbell, standard Santa Clara Valley Non - point Source Pollution Control Program specification sheet shall be part of plan Conditions of Approval Conditional Use Permit with Site and Architectural Review and Parking Modification File No.: PLN-2020-64 Page 5 of 8 submittal. The specification sheet (size 24" X 36") is available at the Building Division service counter. 29. 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 public sidewalks. 30. Title 24 Accessibility — Commercial: This change in use shall require the space to comply fully with California Access requirements Chapt. 11 B 2016 CBC. 31.Approvals Required: The project requires the following agency approval or consultation prior to issuance of the building permit: • West Valley Sanitation District (378-2407) • Santa Clara County Fire Department (378-4010) 32. 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. 33. 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. FIRE DEPARTMENT 34. Limited Review: Review of this Developmental 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 Department all applicable construction permits. 35. Combustible Waste: Please note that combustible waste material shall be comply with 2019 California Fire Code. Further review is required prior to any proposed tenant improvement. 36. Limited Review: 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] PUBLIC WORKS DEPARTMENT Conditions of Approval Conditional Use Permit with Site and Architectural Review and Parking Modification File No.: PLN-2020764 Paqe 6 of 8 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 construct frontage improvements as listed below. These Conditions of Approval area supplement to the Planning plans dated. April 29, 2021 by W. Charles Perry & Associates. The plans are not approved for construction. Further plan checking by Public Works will be required post entitlement. 37. Construction Drawings: The applicant shall submit the following permit applications, prior to,.or concurrent with the main Building permit application: a. Encroachment Permit for Street Improvement Plans: The frontage improvements for the project shall be shown on a separate street improvement plan as detailed - here: https://www.campbeIIca.gov/187/Street-Improvements b. Lot Line Adjustment: The Lot Line Adjustment documents required for this project shall be submitted for review by the City Surveyor as detailed here,: . https://www.campbelIca.gov/DocumentCenterNiew/432 38. Lot Line Adjustment:_ Prior to issuance of any grading or 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. 39. 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 Mee_ t Development Standards for Stormwater Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. 40.Trash Capture: Install trash capture inserts (KriStar FloGard or approved equal) in all on -site storm drain catchbasins. 41. Street Improvement Agreements / Plans / Encroachment Permit / Fees I Deposits: (Prior to recordation of the Lot Line Adjustment), the applicant shall execute a street Conditions of Approval Conditional, Use Permit with Site and Architectural Review and Parking Modification File No.: PLN-2020764 Page 7of8 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: a. Show location of all existing utilities within the new and existing public right of way: b. Installation of City standard curb, gutter, 5 foot attached sidewalk and. ADA compliantdriveway approaches. c. Installation of City standard ADA curb ramps at: 1) the southeast corner of Camden Avenue and Parsons Avenue; and 2) the northeast corner of Sharp Avenue and ParsonsAvenue. d. Installation of streetlights, conduits, conductors and . related facilities in accordance with the City of Campbell's Street Lighting Policies. 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. 42. Street Improvements Completed for Occupancy and Building Permit Final: Prior to allowing occupancy and/or final building permit signoff for any and/or all buildings, the applicant shall have the required street improvements installed and accepted by the City, and the design engineer shall. submit as -built drawings to the City. 43. 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, planting,S,r irrigation, etc. Trees shall not be pruned in a manner that would not allow the tree to grow to a mature height. 44.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: o Covered trash, food waste, and compactor enclosures. Conditions of Approval Conditional Use Permit with Site and Architectural Review and Parking Modification File No.: PLN72020-64 Page 8of8 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, will require a roof on the enclosure if the trash enclosure drain connects to their sanitary sewer system.