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PC Res 4650RESOLUTION NO. 4650 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT MODIFICATION WITH SITE AND ARCHITECTURAL REVIEW TO ALLOW CONSTRUCTION OF AN APPROXIMATELY 8,000 SQUARE-FOOT LIBRARY ADMINISTRATIVE ANNEX BUILDING ("GOVERNMENT OFFICE AND FACILITY") AND ASSOCIATED SITE AND LANDSCAPING IMPROVEMENTS ON PROPERTY LOCATED AT 1344 DELL AVENUE, WITH CONTINUATION OF A SHARED PARKING ARRANGEMENT WITH AN ABUTTING PROPERTY LOCATED AT 1370 DELL AVENUE; A TREE REMOVAL PERMIT TO ALLOW REMOVAL OF ON-SITE PROTECTED TREES; AND A VARIANCE TO ALLOW RETENTION OF EXISTING OVERHEAD FRONTAGE UTILITIES. FILE NO.: PLN-2020-90 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 numbers PLN-2020-90: Environmental Finding 1. Pursuant to CEQA Guidelines Section 15051(a), the Santa Clara County Library District is the Lead Agency on the Proposed Project. This section specifies that if a project will be carried out by a public agency, that agency shall be the Lead Agency even if the project is located within the jurisdiction of another public agency. As Lead Agency, the District has determined the Proposed Project to categorically exempt under CEQA and filed a Notice of Exemption (NOE) with the County Clerk Recorder. The NOE finds the Proposed Project to be exempt per Section 15303 of the CEQA Guidelines pertaining to construction of commercial buildings with a floor area not exceeding 10,000 square feet located within an urbanized area on sites zoned for such use, and that the categorical exemption is not precluded by an exception or would result in a cumulative impact, as specified by Section 15300.2 of the Guidelines, subject to various "best practices" measures. Evidentiary Findings 1. The Project Site is an approximately 50,000 square-foot "flag-lot" parcel located along Dell Avenue, south of Hacienda Avenue, abutting the Water District percolation ponds to the east and industrial properties to the north, south, and west. 2. The Project Site is within the C-M (Controlled Manufacturing) Zoning District as shown on the Campbell Zoning Map and is designated as Research and Development by the General Plan Land Use Diagram. 3. The Project Site is the former location of the American Legion Post 99, a veteran's service organization meeting hall that was demolished in 2018. Planning Commission Resolution No. 4650 Page 2 of 7 Conditional Use Permit Modification with Site and Arch. Review PLN-2020-90 ~ 1344/1370 Dell Avenue 4. The Project Site abuts a secondary property occupied by the Santa Clara County Library District, as authorized by Conditional Use Permit PLN2012-90, approved by the Planning Commission on August 14, 2012, which also allowed shared use of the Project Site's parking lot. 5. The Proposed Project is an application for Conditional Use Permit Modification with Site and Architectural Review to allow construction of an approximately 8,000 square-foot library administrative annex building ("government office and facility") and associated site and landscaping improvements, with continuation of a shared parking arrangement with an abutting property; a Tree Removal Permit to allow removal of on-site trees; and a Variance to allow retention of existing overhead utilities. 6. Pursuant to the Zoning Code definition for a "government office and facility," the Conditional Use Permit approval may only be exercised by a public agency. 7. The applicant of record is the Santa Clara County Library District, a Joint Powers Authority formed pursuant to the Joint Exercise of Powers Act by the cities of Campbell, Cupertino, Gilroy, Los Altos, Los Altos Hills, Milpitas, Monte Sereno, Morgan Hill, Saratoga and the County of Santa Clara. The District, therefore, is a public agency, which may lawfully exercise the Conditional Use Permit for construction and operation of government office and facility. 8. The Proposed Project complies with all the applicable development standards of the C-M (Controlled Manufacturing) Zoning District, with the exception of the rear building setback, which may be reduced pursuant to Campbell Municipal Code (CMC) Section 21.10.070.E, Table 2-12 (General Development Standards - C-M Zoning District). 9. The Proposed Project also includes an associated adjustment to the landscape requirement as permitted by CMC Section 21.26.050, to allow a reduction to the otherwise required 5-foot perimeter landscaping standard. 10. The Proposed Project includes a unique contemporary design characterized by use of atypical cladding materials, including metal meshing, aluminum metal paneling, and Corten plating, as well as expansive glazing on the easterly elevation facing the percolation ponds. The result is an enhanced architectural presence on a currently vacant property that will visually contribute to the immediate area, especially as viewed from the Los Gatos Creek Trail. 11. An Avian Collision Risk Assessment and Collision Reduction Plan was prepared, which determined the Proposed Project would incur only a minimal risk of avian injury or mortality with implementation of certain design measures. 12. The Proposed Project would provide 86 parking stalls (inclusive of 4 motorcycle stalls that equal one vehicle stall). CMC Section 21.28.040, Table 3-1 (Parking Requirements by Land Use) specifies that 'Professional Offices' require parking in an amount equal to 1 stall per 200 square-feet of gross floor area. For the proposed 8,045 square-foot government office, 36 parking stalls are required, resulting in a surplus of 50 parking stalls. Planning Commission Resolution No. 4650 Page 3 of 7 Conditional Use Permit Modification with Site and Arch. Review PLN-2020-90 ~ 1344/1370 Dell Avenue 13. The surplus of 50 parking stalls allows continuation of the shared parking arrangement with the abutting property, which itself is deficient of on-site parking by 43 stalls. CMC Section 21.28.080 specifies that the Planning Commission may approve parking for nonresidential uses on a parcel directly abutting the parcel subject to the recordation of a covenant running with the land recorded by the owner of the parking area guaranteeing that the required parking will be maintained for the life of the use or activity served. 14. Operation of the government office and facility will be subject to the general performance standards specified by the Campbell Zoning Code, with respect to noise, odors, vibrations, and water pollution. 15. The Proposed Project, as conditioned, will comply with applicable development standards of the Campbell Zoning Code, including, but not limited to, landscaping, lighting, parking, fencing, and material screening. 16. The Proposed Project has been reviewed by the Santa Clara Valley Water District, whose comments have been incorporated into the plans. 17. The Proposed Project would be consistent with the following General Plan policies and strategies: Policy LUT-5.7: Industrial Areas: Industrial development should have functional and safe vehicular, bicycle and pedestrian circulation, good site and architectural design, be sensitive to surrounding uses, connect to public transit, and be energy efficient. New projects should contribute to the positive character of industrial areas and the overall image of the City. Policy LUT-9.3: Design and Planning Compatibility: Promote high quality, creative design and site planning that is compatible with surrounding development, public spaces and natural resources. Strategy LUT-9.3d: Building Design: Design buildings to revitalize streets and public spaces by orienting the building to the street, including human scale details and massing that engages the pedestrian. Strategy LUT-11.1d: Bicycle and Pedestrian Connections in Development: Encourage new or redeveloping projects to provide logical bicycle and pedestrian connections on site, between parking areas, buildings, and street sidewalks and to existing or planned public right-of-way facilities and encourage pedestrian passages between street-front sidewalks and rear-lot parking areas. Ensure that the bicycle and pedestrian connections interface safely. Strategy LUT-12.1c: Parking Lot Design: Design parking lots to minimize impacts on the street system by providing adequate sized driveways, sufficient queuing and efficient circulation. Strategy 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. Planning Commission Resolution No. 4650 Page 4 of 7 Conditional Use Permit Modification with Site and Arch. Review PLN-2020-90 ~ 1344/1370 Dell Avenue Policy LUT-9.3: Design and Planning Compatibility: Promote high quality, creative design and site planning that is compatible with surrounding development, public spaces, and natural resources. Strategy LUT-9.3d: Building Design: Design buildings to revitalize streets and public spaces by orienting the building to the street, including human scale details and massing that engages the pedestrian. Strategy LUT-9.3e: Building Materials: Encourage the use of long-lasting, high quality building materials on all buildings to ensure the long-term quality of the built environment. 18. Retention of the trees would undermine the ability of the property to be developed in an economical manner by severely reducing the size of the proposed building and compromising the ability of the site to accommodate necessary for vehicular and emergency-vehicle access. However, a 16-inch (DBH) Queen Palm tree to be relocated on the Project Site. 19. Campbell Municipal Code (CMC) Section 21.18.140.B.2 requires that construction of a non-residential main structure located along an arterial or collector street—as identified by the Campbell Roadway Classifications Diagram—include removal of existing utility poles and associated overhead utility lines located along the abutting frontage the development site to be replaced with underground utilities. However, CMC Section 21.18.140.B.2 further provides that a Variance to the linear feet of overhead utility lines to be replaced underground may be granted in compliance with Chapter 21.48, (Variances). 20. Dell Avenue is "Commercial/Industrial Collector" street as identified by the Campbell Roadway Classifications Diagram. The proposed project is, therefore, subject to the frontage utility undergrounding requirements specified by CMC Sec. Section 21.18.140.B.2. 21. The proposed Variance would allow retention of existing overhead utility lines pursuant to CMC Section 21.18.140.B.2. 22. Due to the "flag-lot" configuration of the Project Site, there only exists 25-feet of linear street frontage. As such, removal of the existing overhead utility lines located along the public street frontage of the project site would be a disproportional burden on the Proposed Project. 23. In review of the Proposed Project, the Planning Commission considered traffic safety, traffic congestion, site circulation, adequacy of landscaping, and the appropriateness of proposed structures and site layout, pursuant to Campbell Municipal Code Sec. 21.42.040 (Considerations in review of applications). 24. 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. Planning Commission Resolution No. 4650 Page 5 of 7 Conditional Use Permit Modification with Site and Arch. Review PLN-2020-90 ~ 1344/1370 Dell Avenue 25. 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. 26. The Proposed 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. 27. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. 28. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 29. No substantial evidence has been presented from which a reasonable argument could be made that shows that the Proposed 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: Conditional Use Permit Findings (CMC Sec. 21.46.040): 1. As conditioned, 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. As conditioned, the proposed use is consistent with the General Plan; 3. As conditioned, 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. As conditioned, 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. As conditioned, 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; 6. As conditioned, 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): Planning Commission Resolution No. 4650 Page 6 of 7 Conditional Use Permit Modification with Site and Arch. Review PLN-2020-90 ~ 1344/1370 Dell Avenue 7. As conditioned, the project will be consistent with the general plan; 8. As conditioned, the project will aid in the harmonious development of the immediate area; 9. As conditioned, the project is consistent with applicable adopted design guidelines, development agreement, overlay district, area plan, neighborhood plan, and specific plan(s); Variance Findings (CMC Sec 21.48.040.B): 10. The strict or literal interpretations and enforcement of the specified regulation(s) would result in a practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Zoning Code; 11. The strict or literal interpretations and enforcement of the specified regulation(s) would deprive the applicant of privileges enjoyed by the owners of other properties classified in the same zoning district; 12. There are exceptional or extraordinary circumstances or conditions applicable to the subject property (i.e. size, shape, topography) which do not apply generally to other properties classified in the same zoning district; 13. The granting of the Variance will not constitute a grant of special privileges inconsistent with the limitations on other properties classified in the same zoning district; 14. The granting of the Variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the area; and Tree Removal Permit Finding(s) (CMC Sec. 21.32.080.A): 15. The retention of the tree(s) restricts the economic enjoyment of the property or creates an unusual hardship for the property owner by severely limiting the use of the property in a manner not typically experienced by owners of similarly zoned and situated properties, and the applicant has demonstrated to the satisfaction of the approval authority that there are no reasonable alternatives to preserve the tree(s). A minor reduction of the potential number of residential units or building size due to the tree location does not represent a severe limit of the economic enjoyment of the property; THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit Modification with Site and Architectural Review to allow construction of an approximately 8,000 square-foot library administrative annex building ("government office and facility") and associated site and landscaping improvements, on property located at 1344 Dell Avenue with continuation of a shared parking arrangement with an abutting property located at 1370 Dell Avenue; a Tree Removal Permit to allow removal of on-site trees; and a Variance to allow retention of existing overhead utilities, subject to the attached Conditions of Approval (attached Exhibit “A”). Planning Commission Resolution No. 4650 Page 7 of 7 Conditional Use Permit Modification with Site and Arch. Review PLN-2020-90 ~ 1344/1370 Dell Avenue PASSED AND ADOPTED this 28th day of June, 2022, by the following roll call vote: AYES: Commissioners: Rivlin, Ching, Buchbinder, Kamkar, Krey, Ostrowski, Zisser NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: APPROVED: Stuart Ching, Chair ATTEST: Rob Eastwood, Secretary Stuart Ching (Apr 17, 2023 20:45 PDT) EXHIBIT A CONDITIONS OF APPROVAL Conditional Use Permit Modification (PLN-2020-90) 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 Modification with Site and Architectural Review to allow construction of an approximately 8,000 square-foot library administrative annex building ("government office and facility") and associated site and landscaping improvements, on property located at 1344 Dell Avenue with continuation of a shared parking arrangement with an abutting property located at 1370 Dell Avenue; a Tree Removal Permit to allow removal of on-site trees; and a Variance to allow retention of existing overhead utilities. The project shall substantially conform to the Revised Project Plans included as Attachment 5 in the Planning Commission Staff Report dated June 28, 2022, except as may be modified by conditions of approval contained herein, and as revised by the updated Site Plan depicted in Exhibit B and the additional revised plan-sheets included as Exhibit C. 2. Permit Expiration: Approval of the Conditional Use Permit Modification with Site and Architectural Review ("Approval") shall be valid for one (1) year from the effective date of the Planning Commission action. 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 properties, subject to continued operation of the use in compliance with the Conditions of Approval provided herein. If this Approval expires or is voided, operation of the property shall revert back to Conditional Use Permit PLN2012-90, as approved by Planning Commission Resolution No. 4080. 3. Previous Conditions of Approval: Upon the effective date of this Approval, the previously approved Conditions of Approval provided by Planning Commission Resolution No. 4080 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. Minor Revisions: Architectural refinements and other minor revisions to the Approved Project Plans may be administratively reviewed and approved by the Community Development Director pursuant to CMC Sec. 21.56.060. 5. Additional Trees: The two parking stalls nearest the southeast corner of the property shall be replaced with landscaping, including at least two trees of a species determined by the Community Development Director. Exhibit A – Conditions of Approval (PLN-2020-90) Page 2 of 13 1344 and 1370 Dell Avenue 6. Public Agency Use: Consistent with the definition of a "government office and facility," specified by Campbell Municipal Code Sec. 21.72.020.G (Definitions, "G"), use of the property pursuant to this Approval shall be limited to a "public agency" as defined by the California Government Code. 7. 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. 8. 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. 9. Gate Access: Gate access to Santa Clara Valley Water District property (i.e., percolation ponds) shall only be permitted with written authorization by the District. 10. Recorded Agreement: Prior to issuance of Building or Grading Permits, the property owner shall record a parking and access agreement guaranteeing use of 47 parking stalls located on 1344 Dell Avenue by the occupant(s) of 1370 Dell Avenue, pursuant to CMC Section 21.28.080.A. The agreement shall also provide for shared vehicular and pedestrian access across both properties and joint use of the existing refuse enclosure. The agreement may be prepared by the property owner, but shall reviewed and approved by the City Attorney prior to recordation. The applicant shall remunerate the City for the full cost incurred by the City to review the agreement. 11. Utility Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to installation of the underground PG&E utility (transformer) boxes and San Jose Water Company back-flow preventers, indicating the location of the boxes for approval by the Community Development Director. The transformer shall be screen with landscaping or artistically painted. 12. Bicycle Parking: Pursuant to CMC Sec. 21.28.070, the project shall incorporate short- and long-term bicycle parking to the satisfaction of the Community Development Director, minimally including two additional bicycle racks and storage lockers. 13. Signage: All signage shall require separate approval of a Sign Permit in compliance with Campbell Municipal Code (CMC) 21.30.080.A. 14. General Operational Standards: Occupancy of the approved building is subject to the following general operational standards: a. Approved Use: The approved use is a "government office and facility" as defined by the Campbell Municipal Code and limited by the operational standards listed herein. Any activity inconsistent with this approved land use is prohibited. Exhibit A – Conditions of Approval (PLN-2020-90) Page 3 of 13 1344 and 1370 Dell Avenue b. Hours of Operation: Hours of operation shall be restricted to 6:00 AM to 11:00 PM, daily, exclusive of emergencies and the customary and reasonable use of the facility for administrative activity. c. Smoking: "No Smoking" signs shall be posted on the premises in compliance with CMC Sec. 6.11.060. d. Noise: Regardless of decibel level, no noise generated within the approved industrial building shall obstruct the free use of neighboring properties so as to unreasonably interfere with the comfortable enjoyment of the neighboring residents. 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. 16 (Revocation of Permit). e. Trash Disposal and Clean-Up: Refuse and recycling receptacles shall be kept within the trash enclosure except during collection in compliance with CMC Chapter 6.04 (Garbage and Rubbish Disposal). Emptying of trash receptacles and placement of refuse and recyclable materials into the trash enclosure receptacles shall occur only during the approved “Hours of Operation." f. Parking Management: If the establishment results in excessive parking demand, the Community Development Director may require preparation of a parking management plan. If the parking management plan fails to adequately address the site's parking demand, the Community Development Director may commence a revocation hearing pursuant Condition of Approval No. 17 (Revocation of Permit). g. Loitering: There shall be no loitering allowed on the premises. The business owner is responsible for monitoring the premises to prevent loitering. h. Property Maintenance: The property is to be maintained free of any combustible trash, debris, and weeds until the time that actual construction commences. Any vacant existing structures shall be secured, by having windows boarded up and doors sealed shut, or be demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). i. Landscape Maintenance: All landscaped areas shall be continuously maintained in accordance with CMC Chapter 21.26. Landscaped areas shall be kept free of weeds, trash, and litter. Dead or unhealthy plants shall be replaced with healthy plants of the same or similar type. 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. j. Fences/Walls: All existing and/or proposed fencing shall comply with CMC 21.18.060 (Fences, walls, lattice and screens) and Sec. 21.18.120.C (Outdoor storage and work yards). Exhibit A – Conditions of Approval (PLN-2020-90) Page 4 of 13 1344 and 1370 Dell Avenue k. Deliveries: All deliveries shall occur during the approved Hours of Operation. l. Outdoor Storage: No outdoor storage is permitted on the subject property, including the storage equipment, materials, and inoperable vehicles. m. Parking and Driveways: All parking and driveway areas shall be maintained in compliance with the standards provided in CMC Chapter 21.28 (Parking and Loading). 15. Library District Conditions of Approval: The following additional Conditions of Approval are required by the Library District to support the categorical exemption determination: a. Bird-Safe Building Design Guidelines Requirements: The following bird-safe building design guidelines shall be reflected in the construction drawings submitted for a building permit to minimize bird-collisions: • All glazing used on the building’s east façade shall have a reflectivity index of 15 percent or lower to reduce the potential for birds to collide with glazing when they perceive reflections of sky and/or water in glazing as an open flight path, rather than as solid glass. • Minimize exterior lighting to the extent feasible, except as needed for safety. All exterior lights shall be directed toward facilities on the project site (e.g., rather than directed upward or outward) and shielded to ensure that light is not directed outward toward the pond area. • If up-lights cannot be eliminated from the project design, all up-light fixtures shall be switched off no later than midnight during the primary spring migration (i.e., February 15 through May 31) and fall migration (i.e., August 15 through November 30) seasons. • Occupancy sensors on interior lights, with the exception of emergency lights or lights needed for safety purposes, shall be programmed to shut off during non-work hours, between 10:00 p.m. and sunrise. • Where bird safety treatment is applied to glazing, the product shall achieve an American Bird Conservancy Threat Factor rating of 20 or less, if feasible. b. Construction-related Air Quality: The following measures shall be implemented during all phases of construction to control dust and exhaust at the project site: • Water active construction areas at least twice daily or as often as needed to control dust emissions. • Cover trucks hauling soil, sand, and other loose materials and/or ensure that all trucks hauling such materials maintain at least two feet of freeboard. Exhibit A – Conditions of Approval (PLN-2020-90) Page 5 of 13 1344 and 1370 Dell Avenue • Remove visible mud or dirt track-out onto adjacent public roads using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. • Enclose, cover, water twice daily or apply non-toxic soil binders to exposed stockpiles (dirt, sand, etc.). • Pave new or improved roadways, driveways, and sidewalks as soon as possible. • Lay building pads as soon as possible after grading unless seeding or soil binders are used. • Replant vegetation in disturbed areas as quickly as possible. • Install sandbags or other erosion control measures to prevent silt runoff to public roadways. • Minimize idling times either by shutting off equipment when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations). Provide clear signage for construction workers at all access points. • Maintain and property tune construction equipment in accordance with manufacturer’s specifications. Check all equipment by a certified mechanic and record a determination of running in proper condition prior to operation. • Post a publicly visible sign with the telephone number and person to contact at the lead agency regarding dust complaints. c. Soil Hazards: . The following measures shall be implemented during construction to address potential soil contamination: • Prior to issuance of grading permits, the Library District shall retain a qualified hazardous materials contractor to perform a soil investigation to determine the levels of contamination from pesticides and lead. If the residual contaminants are not detected and/or are found to be below the environmental screening levels for public health and the environment in accordance with Santa Clara County Department of Environmental Health (SCCDEH), Regional Water Quality Control Board (RWQCB), or the California Department of Toxic Substances Control (DTSC) requirements, no further mitigation is required. The results of the soil investigation shall be submitted to the Building Official. • If residual contaminants are found and are above regulatory environmental screening levels for public health and the environment, the project proponent shall enter the Site Cleanup Program with the SCCDEH. The SCCDEH may require the project proponent to implement appropriate management procedures, such as removal of the contaminated soil and implementation of a Exhibit A – Conditions of Approval (PLN-2020-90) Page 6 of 13 1344 and 1370 Dell Avenue Site Management Plan (SMP), Removal Action Workplan (RAP), or equivalent document. Copies of all environmental investigations and evidence of SCCDEH oversight shall be submitted to the Building Official. d. Archaeological Resources: The following measures shall be implemented to avoid impacts to unknown subsurface resources: • Prior to construction of the project, the Library District shall complete a preliminary archaeological investigation testing (with a minimum of three test pits). • Archaeological monitoring for ground disturbing activities associated with parking lot demolition and excavation shall be conducted. • If suspected prehistoric or historic resources are encountered during excavation and/or grading of the site, construction personnel shall be instructed to immediately suspend all activity within a 50-foot radius and the District staff and the City’s Planning Division shall be notified of the discovery. A licensed archaeologist shall be retained by the Library District in order to 1) evaluate the find(s) to determine if they meet the definition of a historical or archaeological resource; and 2) submit a resource mitigation and monitoring reporting program with appropriate recommendations regarding the disposition of such finds prior to resumption of construction activities. A report of findings documenting any data recovery shall be submitted to the Library District, the City’s Planning Division and the Northwest Information Center (if applicable). Project personnel shall not collect or move any cultural materials. The District shall implement the recommendations of the qualified archaeologist. • In the event that human remains are discovered during excavation and/or grading of the site, all activity within a 50-foot radius of the find shall be stopped. The City Planning Division and the Santa Clara County Coroner’s office shall be notified. If the remains are determined to be Native American, the Coroner will notify the Native American Heritage Commission (NAHC) immediately. Once the NAHC identifies the most likely descendants, the descendants will make recommendations regarding proper burial, which will be implemented in accordance with Section 15064.5(e) of the CEQA Guidelines. 16. Water Efficient Landscape Ordinance: As a new construction project with a total project landscape area equal to or greater than 500 square feet, 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. Exhibit A – Conditions of Approval (PLN-2020-90) Page 7 of 13 1344 and 1370 Dell Avenue 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.” Selection of landscaping shall comply with the provisions of CMC Ch. 21.26 (Landscaping Requirements) as well as with applicable requirements specified in the Santa Clara Valley Water Resources Protection Collaborative Guidelines and Standards for Land Use Near Streams. Additionally, plantings within the stormwater treatment areas shall be consistent with Appendix D of the C.3 Stormwater Handbook published by the Santa Clara Valley Urban Pollution Prevention Program. 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. Revocation of Permit: Occupancy of the approved building 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 the Conditional Use Permit if it is determined that operation a use has become a nuisance to the City’s public health, safety or welfare or for violation of the Conditions of Approval or any standards, codes, or ordinances of the City of Campbell. At the discretion of the Community Development Director, if the property generates three (3) verifiable complaints related to violations of conditions of approval (e.g., noise, parking, etc.) within a twelve (12) month period, a public hearing before the City Council may be scheduled, upon recommendation of the Planning Commission, to consider modifying conditions of approval or revoking the Conditional Use Permit. The Exhibit A – Conditions of Approval (PLN-2020-90) Page 8 of 13 1344 and 1370 Dell Avenue Community Development Director may commence proceedings for the revocation or modification 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. 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 customer and/or employee actions; b. The number of complaints received from residents, business owners and other citizens concerning the operation of an establishment regarding parking, noise, and/or other operational impacts. c. Violation of conditions of approval. Building Division 19. 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. 20. Conditions of Approval: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for Building Permit. 21. Construction Fencing: The property 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. All protected trees shall be fenced to prevent damage to root systems in compliance with the Standards for Tree Protection During Construction. PUBLIC WORKS DEPARTMENT 22. General Note: The scope of this project triggers the requirement for Frontage Improvements as required by Campbell Municipal Code 11.24.040. The applicant will need to upgrade the existing driveway to be accessible (ADA) compliant. 23. 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.campbellca.gov/187/Street-Improvements b. Building Permit for On-Site / Grading & Drainage Plans: The on-site grading, drainage, stormwater, landscaping, ADA and site improvements for the project shall be shown on a separate Building Permit plan as detailed here: https://www.campbellca.gov/DocumentCenter/View/16594 24. Proof of Ownership: Prior to issuance of any grading, drainage, or Building Permits for Exhibit A – Conditions of Approval (PLN-2020-90) Page 9 of 13 1344 and 1370 Dell Avenue the site, the applicant shall provide a current Preliminary Title Report, grant deed, or other satisfactory proof of ownership for use in preparing the “Covenants for the Operation and Maintenance of Stormwater Facilities” as listed below. 25. 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. 26. 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 $3,097.85. 27. Santa Clara Valley Water District (SCVWD): Prior to issuance of any permits for grading, landscaping, or building, the applicant shall obtain a clearance from the SCVWD. 28. State General Construction Activity Permit: Prior to issuance of any grading or Building Permits, the applicant shall comply with the State General Construction Activity Permit requirements including paying fees, filing a Notice of Intent and providing a Storm Water Pollution Prevention Plan (SWPPP). The applicant shall provide the City with a copy of the filed Notice of Intent and SWPPP. 29. 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. Specifically the project must include source control, site design and treatment measures to achieve compliance with Provision C.3. of the NPDES Permit. Measures may include, but are not limited to, minimization of impervious surface area, vegetated swales, infiltration areas, and treatment devices. 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. Upon submission of the on-site improvement / grading plans, the applicant shall calculate and submit to the City the amount of impervious surface created by the development including the types of stormwater controls to be used. The applicant shall submit preliminary sizing and design showing stormwater controls meet the City’s requirements. Exhibit A – Conditions of Approval (PLN-2020-90) Page 10 of 13 1344 and 1370 Dell Avenue Prior to issuance of any grading or Building Permits: a. The applicant’s designer or engineer shall submit the required certification indicating that sizing, selection, and design of treatment BMP’s for the project site has been completed to meet the requirements of the City of Campbell’s NPDES permit, No. 01-119, Provision C.3. b. The applicant shall sign the “Covenants for the Operation and Maintenance of Stormwater Facilities” and submit a Stormwater Management Plan. Prior to occupancy: a. A qualified BMP certifier is required to inspect the stormwater management facilities, submit a complete set of as-built drawings to Public Works Engineering, and certify on these drawings that: 1. The stormwater management facilities were constructed in compliance with the approved plans. 2. The as-built drawings show all pertinent constructed dimensions, elevations, shapes, and materials. 3. All variations in construction from the approved design plan have been identified, including omissions to and additions from the approved plan. 4. Any changes are in conformance with local, state, or federal regulations. 30. 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. 31. Water Meter(s) and Sewer Cleanout(s): 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. 32. 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. 33. 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. Exhibit A – Conditions of Approval (PLN-2020-90) Page 11 of 13 1344 and 1370 Dell Avenue 34. 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. 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. Reconstruction of existing driveway approach to a new City standard ADA compliant driveway approach. c. Installation of traffic control, stripes and signs. d. Construction of conforms to existing public and private improvements, as necessary. e. Submit final plans in a digital format acceptable to the City. 35. 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 repair (if necessary) completed and accepted by the City, and the design engineer shall submit as-built drawings to the City. 36. 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. 37. 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 38. Fire Sprinklers Required: (As noted on Sheet 1.1) Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the locations described in this Section or in Sections 903.2.1 through 903.2.18 whichever is the more restrictive. NOTE: The owner(s), occupant(s) and any contractor(s) or subcontractor(s) are responsible for consulting with the water purveyor of record in order to determine if any modification or upgrade of the existing water service is required. A State of California licensed (C-16) Fire Protection Contractor shall submit plans, calculations, a completed permit application and appropriate fees to this department for review and approval prior to beginning their work. CFC Sec. 903.2 as adopted and amended by CBLMC. Exhibit A – Conditions of Approval (PLN-2020-90) Page 12 of 13 1344 and 1370 Dell Avenue 39. Public Fire Hydrant Required: (As noted on Sheet 4.0) Provide a public fire hydrant at a final location to be determined jointly by the Fire Department and San Jose Water Company. Maximum distance of 375 feet from the building frontage and a maximum of 100 feet from the FDC, with a minimum hydrant flow of 1500 GPM @ 20 psi residual. Fire hydrants shall be provided along required fire apparatus access roads and adjacent public streets. CFC Sec. 507, and Appendix B and associated Tables, and Appendix C. Note that a separate hydrant plan will be required as a deferred submittal. 40. 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. 41. Timing of installation: When fire apparatus access roads or a water supply for fire protection is required to be installed, such protection shall be installed and made serviceable prior to and during the time of construction except when approved alternative methods of protection are provided. Temporary street signs shall be installed at each street intersection when construction of new roadways allows passage by vehicles in accordance with Section 505.2. Construction documents. Construction documents for proposed fire apparatus access, location of fire lanes, security gates across fire apparatus access and construction documents and hydraulic calculations for fire hydrant systems shall be submitted to the fire department for review and approval prior to construction. CFC Sec. 501.3, 501.4. 42. Fire Lanes Required: (As noted on Sheet 25.0) The minimum clear width of fire department access roads shall be 20 feet. The minimum outside turning radius is 42 feet for required circulating access roadways. Fire apparatus access roads shall be designated and marked as a fire lane as set forth in Section 22500.1 of the California Vehicle Code. A fire lane with turnaround and striping is proposed on Sheet 25.0. 43. Fire Apparatus (Engine)Access Roadway Required: (As noted on Sheet 4.0) Provide an access roadway with a paved all-weather surface, a minimum unobstructed width of 20 feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 36 feet outside and 23 feet inside, and a maximum slope of 15%. Surface shall be capable of supporting 75K pounds. Installations shall conform to Fire Department Standard Details and Specifications sheet A-1. CFC Sec. 503. 44. Buildings and Facilities Access: (As noted on Sheet 25.0): Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or with the jurisdiction. The fire apparatus access Exhibit A – Conditions of Approval (PLN-2020-90) Page 13 of 13 1344 and 1370 Dell Avenue road shall comply with the requirements of this section and shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. [CFC, Section 503.1.1]. 45. Fire Alarm Requirements: (As noted on Sheet 1.1) Refer to CFC Sec. 907 and the currently adopted edition of NFPA 72. Submit shop drawings (3 sets) and a permit application to the SCCFD for approval before installing or altering any system. Call (408) 378-4010 for more information. 46. Address identification: (As noted on Sheet 21) 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 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. 47. 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. 48. Emergency Gate/Access Gate Requirements: (As noted on Sheet 4.0) Gate installations shall conform with Fire Department Standard Details and Specification G-1 and, when open shall not obstruct any portion of the required 20' width for emergency access roadways. Locks, if provided, shall be fire department approved prior to installation. Gates across the emergency access roadways shall be equipped with an approved access device. If the gates are operated electrically, an approved Knox key switch shall be installed; if they are operated manually, then an approved Knox padlock shall be installed. CFC Sec. 503.6 and 506. EXHIBIT B EXHIBIT C Resol 4650 ~ 1344,1370 Dell Ave. (CUP Mod) Final Audit Report 2023-04-18 Created:2023-03-30 By:Selina Perez Aquino (selinap@campbellca.gov) Status:Signed Transaction ID:CBJCHBCAABAAWzLZcJVcw8TIX45OO-CAvjtuXEOlpSxz "Resol 4650 ~ 1344,1370 Dell Ave. (CUP Mod)" History Document created by Selina Perez Aquino (selinap@campbellca.gov) 2023-03-30 - 10:40:22 PM GMT Document emailed to Rob Eastwood (robe@campbellca.gov) for signature 2023-03-30 - 10:41:17 PM GMT Document e-signed by Rob Eastwood (robe@campbellca.gov) Signature Date: 2023-04-13 - 7:43:56 PM GMT - Time Source: server Document emailed to sching19@gmail.com for signature 2023-04-13 - 7:43:57 PM GMT Email viewed by sching19@gmail.com 2023-04-18 - 3:44:57 AM GMT Signer sching19@gmail.com entered name at signing as Stuart Ching 2023-04-18 - 3:45:53 AM GMT Document e-signed by Stuart Ching (sching19@gmail.com) Signature Date: 2023-04-18 - 3:45:55 AM GMT - Time Source: server Agreement completed. 2023-04-18 - 3:45:55 AM GMT Names and email addresses are entered into the Acrobat Sign service by Acrobat Sign users and are unverified unless otherwise noted.