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CC Ordinance 1766I ORDINANCE NO. 1766 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 RETAIL CENTER ON PROPERTY KNOWN AS 790 EAST CAMPBELL AVENUE IN A PD (PLANNED DEVELOPMENT/ COMMERCIAL ZONING DISTRICT. APPLICATION OF MR. ALEXANDER MCPHERSON PD 89-09. 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 790 East Campbell Avenue 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 Mr. Alexander McPherson for plans, elevations, and development schedule to allow the construction of a retail building 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 news paper of general circulation in the City of Campbell, County of Santa Clara. PASSED AND ADOPTED this 3rd call vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ATTEST: Barbara day of October, 198,9 by the following roll KOTOWSKI, NONE NONE ASHWORTH, BURR, CONANT, WATSON APPROVED: Je ette Watson, Mayor A EXHIBIT B STANDARD DEVELOPMENT SCHEDULE FILE NO: PD 89-09 APPLICANT: A. MCPHERSON SITE ADDRESS: 790 E. CAMPBELL AVE. 1. Construction to begin within 18 mos. 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. J ratio 11 PD 89-09 CAMPBELL AVE 0 I ,i104 o e 1a � a 1 Una, A. (pi 0 i A �• coy 2- y lIc rearing before the . nning Commission on 2-89 - 'resolution 'No. 2613 roving PD 89-09. - -0) E CONDITIONS OF APPROVAL - FILE # PD 89-09 SITE ADDRESS: 790 E. CAMPBELL AVE. APPLICANT: MCPHERSON, A. PC MTG DATE: 8-22-89 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 - 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. Fencings/Landscaping: Property to be fenced and landscaped as indicated and/or added in red on the plans. Landscaping and fencing shall be maintained in accordance with the approved plans. 3. Landscaping/Irrigation: Landscaping plan indicating type and size of plant material, and location of irrigation system to be submitted to the Planning Department and approved by the Site and Architectural Review Committee and/or Planning Commission prior to issuance of a building permit. 4. Performance Bond - Landscaping, Fencing, Striping: Applicant to either (1) post a faithful performance bond in the amount of $ 5,000.00 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. 5. 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. 6. Mechanical Equipment/Utility Meter Screening: All mechanical equipment on roofs and all utility meters to be screened as approved by the Planning Director. 7. Building Occupancy: Building occupancy will not be allowed until public improvements are installed. 8. 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. 9. Utilities: Underground utilities to be provided as required by Section 20.36.150 of the Campbell Municipal Code. ,CONVITIONS OF APPROVAL - FILE # PD 89-09 SITE ADDRESS: 790 E. CAMPBELL AVE. APPLICANT: MCPHERSON, A. PG. 2. 10. 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. 11. 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). 12. 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. 13. 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 E enclosure area to service these containers. 14. Handicapped Requirements: Applicant shall comply with all appropriate State and City requirements for the handicapped. 15. 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. BUILDING DEPARTMENT 16. Retaining Walls: Retaining walls at property lines are limited to a height of 15 inches if constructed of wood. PLANNING DEPARTMENT 17. Revised plans to include details of trash enclosure appearance and building materials. CON ITIONS OF APPROVAL - FILE # PD 89-09 SITE ADDRESS: 790 E. CAMPBELL AVE. APPLICANT: MCPHERSON, A. PG. 3. 18. Permitted Uses: Permitted uses (uses permitted without a use permit approval) shall include all uses aallowed in the C-1 (Neighborhood Commercial) Zoning District without the securing of a use permit with the following exceptions: 1. Grocery store, including a convenience grocery market. Grocery store shall not be interpreted to include a delicatessen, fruit or vegetable store, meat market or bakery. 2. Food service facilities such as cafes, restaurants. 3. Liquor establishments. The above excluded uses may be permitted subject to the securing of a use permit to be approved by the Planning Commission and City Council. 19. Hours of Operation: The hours of operation are limited between the hours of 7:00 a.m. and 11:00 p.m. unless alternate hours are approved via an amendment of this use permit by the Planning Commission and City Council. FIRE DEPARTMENT BUILDING DEPARTMENT No comments at this time. E EXHIBIT B STANDARD DEVELOPMENT SCHEDULE FILE NO: PD 89-09 APPLICANT: A. MCPHERSON SITE ADDRESS: 790 E. CAMPBELL AVE. 1. Construction to begin within 18 months 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.