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CC Ordinance 1761ORDINANCE NO. 1761 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A PLANNED DEVELOPMENT PERMIT, PLANS, ELEVATIONS, DEVELOPMENT SCHEDULE, AND CONDITIONS OF APPROVAL TO ALLOW CONSTRUCTION OF A RESTAURANT ON PROPERTY KNOWN AS 690 & 700 E. CAMPBELL AVE. IN A PD (PLANNED DEVELOPMENT/COMMERCIAL ZONING DISTRICT. APPLICATION OF AINSLEY DEVELOPMENT, PD 89-06. The City Council of the City of Campbell does ordain as follows: SECTION ONE: That the Zoning Map of the City of Campbell is hereby changed and amended on property known as 690 & 700 E. Campbell Ave. by adopting the attached Exhibit A entitled Plans and Elevations; Exhibit B entitled Development Schedule; Exhibit C entitled Map of Said Property; and Exhibit D entitled Conditions of Approval, as per the application of Ainsley Development, Inc. for plans, elevations, and development schedule to allow the construction of a restaurant in a Planned Development Zoning District. Copies of said Exhibits are on file in the Planning Department. SECTION TWO: This Ordinance shall become effective 30 days following its passage and adoption and shall be published once within 15 days upon passage and adoption in the San Jose Mercury News, a newspaper of general circulation in the City of Campbell, County of Santa Clara. PASSED AND ADOPTED this 5th day of Sept.,1989 by the following roll call vote: AYES: Councilmembers: KOTOWSKI, ASHWORTH, BURR, CONANT, WATSON NOES: Councilmembers: NONE ABSENT: Councilmembers: NONE ATTEST: APPROVED: Barbara Olsasky, J nette Watson, Mayor EXHIBIT B STANDARD DEVELOPMENT SCHEDULE FILE NO: PD 89-06 APPLICANT: Ainsley Development, Inc. SITE ADDRESS: 690 & 700 E. Campbell Ave. 1. Construction to begin within one year of final approval. 2. Construction to be completed within one year of starting date. NOTE; Above Development Schedule is a standard used by the Planning Department when applicant has not submitted a schedule for his project. CONDITIONS OF APPROVAL - FILE # PD 89-06 SITE ADDRESS: 690 & 700 E. Campbell Ave. APPLICANT: Ainsley Development, Inc. PC MTG DATE: 7-11-89 The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the Ordinances of the City of Campbell and the Laws of the State of California. 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 which pertain to this development and are not herein specified. 1. Elevations/Site Plan: Revised elevations and/or site plan indicating retention of trees, revised deck design, modification to Andy's Restaurant (as indicated in Staff Report) to be submitted to the Planning Department and approved by the Planning Director upon recommendation of the Architectural Advisor prior to application for a building permit. 2. Fencing: Fencing plan indicating location and design details of fencing to be submitted to the Planning Department and approved by the Planning Director prior to issuance of a building permit. 3. Performance Bond - Landscaping, Fencing, Striping: Applicant to either (1) post a faithful performance bond in the amount of $25,000.00 to insure landscaping, fencing, and striping of parking areas within 3 months of completion of construction; or (2) file written agreement to complete landscaping, fencing, and striping of parking areas. Bond or agreement to be filed with the Planning Department prior to application for a building permit. 4.. Utility Boxes: Applicant to submit a plan to the Planning Department, prior to installation of PG&E utility (transformer) boxes, indicating the location of the boxes and screening (if boxes are above ground) for approval of the Planning Director. 5. Parking/Driveways: All parking and driveway areas to be developed in compliance with Chapter 21.50 of the Campbell Municipal Code. All parking spaces to be provided with appropriate concrete curbs or bumper guards. 6. Utilities: Underground utilities to be provided as required by Section 20.36.150 of the Campbell Municipal Code. 7. Utilities: Plans submitted to the Building Department for plan check shall indicate clearly the location of all connections for underground utilities including water, sewer, electric, telephone and television cables. 8. Signing: Sign application to be submitted in accordance with provisions of the Sign Ordinance for all signs. No sign to be installed until application is approved and permit issued by Planning and Building Departments (Section 21.53 of the Campbell Municipal Code). 9. Garbage Collection: Ordinance No. 782 of the Campbell Municipal Code stipulates that any contract for the collection and disposal of refuse, garbage, wet garbage and rubbish produced within the limits of the City of Campbell shall be made with Green Valley Disposal Company. This requirement applies to all single-family dwellings, multiple apartment units, to all commercial, business, industrial, manufacturing, and construction establishments. CONDITIONS OF APPROVAL - FILE # PD 89-06 SITE ADDRESS: 690 & 700 E. Campbell Ave. APPLICANT: Ainsley Development, Inc. PG. 2 10. Trash Containers/Enclosures: Trash container(s) of a size and quantity necessary to serve the development shall be located in area(s) approved by the Fire Department. Unless otherwise noted, enclosure(s) shall consist of a concrete floor surrounded by a solid wall or fence and have self -closing doors of a size specified by the Fire Department. All enclosures to be constructed at grade level and have a level area adjacent to the trash enclosure area to service these containers. 11. Handicapped Requirements: Applicant shall comply with all appropriate State and City requirements for the handicapped. 12. Noise Levels: Noise levels for the interior of residential units shall comply with minimum State (Title 25) and local standards as indicated in the Noise Element of the Campbell General Plan. 13. Park Dedication Fee: Applicant is hereby notified that he will be required to pay Park Dedication In -Lieu Fee which will be assessed at the time the subdivision map is submitted. 14. Property Security: The applicant is hereby notified that the property is to be maintained free of any combustible trash, debris and weeds, until the time that actual construction commences. All existing structures shall be secured by having windows boarded up and doors sealed shut, or be demolished or removed from the property. Sect. 11.201 & 11.414, 1979 Ed. Uniform Fire Code. PUBLIC WORKS DEPARTMENT 15. Storm drainage fee. Pay storm drainage area fee. 16. Street improvements. Install standard street improvements in E. Campbell Ave. as directed by City Engineer. 17. Encroachment Permit. Obtain an encroachment permit for all work in the right-of-way. 18. Public improvements. Construct or fund public improvements found necessary by the City Engineer due to project impacts determined through required studies as provided by Chapter 20.84 of the Campbell Municipal Code. 19. Access, Provide evidence of mutual access and parking easements. 20. Water District. Satisfy conditions of the Santa Clara Valley Water District. 21. Grading and drainage. Provide grading and drainage plan for review of the City Engineer. CONDITIONS OF APPROVAL - FILE # PD 89-06 SITE ADDRESS: 690 & 700 E. Campbell Ave. APPLICANT: Ainsley Development, Inc. PG. 3 22. Dedication for Street Right-of-way and Reservation for Future Street Right -of -Way. No new buildings or building additions shall be located within a 120 foot "reserved" right-of-way along E. Campbell Ave. The applicant shall dedicate to accommodate a 90 foot right-of-way and reserve for dedication the remaining area to a 120 foot right-of-way. The precise alignment of the 90 foot right-of-way and 120 right-of-way shall be determined by the City Engineer. Existing buildings and uses which have been legally constructed and established may remain. 23. Street Improvements. The applicant/property owner shall enter into an agreement to pay a pro -rated share of area -wide infrastructure improvements and traffic mitigations to be described by the City Engineer and approved by the City Council. FIRE DEPARTMENT 24. Driveway. One driveway shall not be less than 16 feet in clear width to a height of not less than 13 feet, 6 inches on each side of the median. 25. Sprinklers. Building to be sprinklered throughout with a NFPA 13 system including dumpster location. 26. Exits. Two exits required from second floor. UBC 3303(c). 27. Roofing materials. Shake shingles do not comply with UBC; CAC 24, 3202(b) for "A" occupancies. 28. Exiting - decks. Deck requires two approved exits. 29. Hydrants. Requires the installation of public and private hydrants. 30. Fire resistance/openings. Exterior walls shall have a fire resistance and openings protected as required in UBC, Section 504(A). BUILDING DIVISION 31. Exiting, Occupancy. The issue of exiting (2) from the second floor has not been addressed. Analysis of this area is as follows: Employee Lounge, see item #4 Table 33A states 15 sq.ft. per occupant. Room size 240 divided by 15 = 16 occupants, office area 100 sq.ft. per occupant, room size 240 divided by 100 = 2, total occupant load not including corridor - 18. Table 33-A. SITE AND ARCHITECTURAL REVIEW COMMITTEE 32. Parking Agreement: Prior to issuance of a building permit, the applicant shall submit an agreement, satisfactory to the City Attorney, addressing resolution of potential parking problems at this location. Said agreement to provide for a one year review, from date of restaurant occupancy, by the Planning Commission, or an earlier review if complaints are filed with the Planning Department, wherein the applicant will provide satisfactory solutions to the parking problems, including but not limited to valet parking, an adjustment to restaurant seating, or other solutions acceptable to the Planning Commission. • CONDITIONS OF APPROVAL - FILE # PD 89-06 SITE ADDRESS: 690 & 700 E. Campbell Ave. APPLICANT: Ainsley Development, Inc. PG. 4 33. Parking - Review: Two years from the date of the restaurant occupancy, the Planning Commission shall review the adequacy of parking at this location and may determine that the use of the Andy's Restaurant may be modified to address parking issues. Modification may include removal of the Andy's building and use if no other acceptable alternative is identified. 34. Deck/Landscaping: Revised deck design and landscaping concept to be reviewed by the Parks and Recreation Commission and approved by the Site and Architectural Review Committee prior to issuance of building permits. The deck and landscaping shall be designed to minimize visual/functional impacts on Los Gatos Creek Park Trail users.