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PC Res 4697RESOLUTION NO. 4697 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL GRANTING APPROVAL OF A CONDITIONAL USE PERMIT WITH SITE AND ARCHITECTURAL REVIEW TO ALLOW CONSTRUCTION OF AN APPROXIMATELY 3,100 SQUARE-FOOT TWO- LEVEL COMMERCIAL BUILDING WITH A ROOFTOP DECK INCLUDING A PREFAB KITCHEN MODULE, A GROUND-LEVEL PATIO BOUNDED BY A 6-FOOT FENCE, AND THE ASSOCIATED REALIGNMENT OF THE CIVIC CENTER DRIVE CURB-LINE TO ACCOMMODATE REFUSE PICKUP AND DELIVERIES; AND TO ALLOW USE OF THE PROPERTY AS A LIQUOR ESTABLISHMENT ("TAPROOM") INCLUSIVE OF ON-SITE BEER AND WINE BEVERAGE SERVICE WITH INCIDENTAL OFF-SITE SALES, ANCILLARY LIVE ENTERTAINMENT, AND LATE NIGHT ACTIVITIES (STAFF CLOSING/CLEAN-UP AFTER 11:00 PM AND BEFORE 6:00 AM); AND A TREE REMOVAL PERMIT TO ALLOW REMOVAL OF A 12-INCH TREE, ON PROPERTY LOCATED AT 48 CIVIC CENTER DRIVE. FILE NO.: PLN-2023-59. 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 did find as follows with regard to application PLN-2023-59: 1. The Project Site is an approximately 4,500 square-foot parcel located in Downtown Campbell along Civic Center Drive, between Central and Harison Avenues. 2. The Project Site is within the Central Business Mixed-Use (CB-MU) Zoning District as shown on the Campbell Zoning Map. 3. The Project Site is designated Central Business Mixed-Use as shown on the Campbell General Plan Map 4. The Project Site is also within the boundary of and subject to the Campbell Downtown Development Plan. 5. The Proposed Project is an application for a Conditional Use Permit with Site and Architectural Review to allow construction of an approximately 3,100 square-foot two- level commercial building with a rooftop deck including a prefab kitchen module, a ground-level patio bounded by a 6-foot fence, and the associated realignment of the Civic Center Drive curb-line to accommodate refuse pickup and deliveries; and establishment of a "taproom" inclusive of on-site beer and wine beverage service with incidental off-site sales, ancillary food service, and live entertainment, with a 11:00 PM daily public closing time. 6. The specific conditional uses of the Proposed Project include a (1) Liquor Establishment ("taproom"), (2) Late Night Activities (staff closing/clean-up after 11:00 PM and before 6:00 AM), and (3) a Dancing and/or Live Entertainment Establishment (ancillary live entertainment), which all may be allowed by approval of Conditional Use Permit in the CB-MU Zoning District. Planning Commission Resolution No. 4697 Page 2 of 9 48 Civic Center Drive – PLN-2023-59 Conditional Use Permit w/ Site and Arch. Review + Tree Removal Permit 7. In accordance with the definition below, the proposed "taproom," being a land use that would principally include the provision of beer and wine beverages for on-site consumption with ancillary food service, constitutes a Liquor Establishment. "Liquor establishments" means a retail activity that is primarily devoted to the selling of alcoholic beverages as a stand-alone bar or tavern, or in conjunction with a restaurant or nightclub facility, for consumption on the premises. 8. The proposed "taproom" includes public business hours of 6:00 AM to 11:00 PM with staff-clean-up activity one hour before (5:00 AM) and after (12:00 AM), which renders the proposal a Late-Night Activity, as per the definition, below: "Late night activities" means land use activities operating between the hours of 11:00 p.m. and 6:00 a.m., including, but not limited to, the provision of goods and services to the public and all ancillary activities such as property maintenance, janitorial services, street and parking lot sweeping, deliveries, and similar activities. "Late night activities" do not include the lawful, reasonable and customary use of residential uses or professional offices in a manner that does not interfere with the reasonable use and enjoyment of other properties. 9. The proposed "taproom" would "host local musicians to provide casual background music," constituting a Dancing and/or Live Entertainment Establishment, as per the definition, below: "Dancing and/or live entertainment establishment" means a commercial facility that offers a venue intended to allow patrons to dance and/or listen to live entertainment, as defined by Section 5.24.010(b). Does not include non-commercial expressive activity protected by the United States or California constitutions or the listening of recorded music without a dancing venue. 10. The incidental sale of alcoholic beverage for off-site consumption does not constitute a Liquor Store, in that the proposed "taproom" would not be "primarily devoted to the selling of alcoholic beverages, including beer and wine, for consumption off the premises," as per the definition, below, such that the special use provisions provided in CMC Section 21.36.110 do not apply. This determination is consistent with the prior Planning Commission approval of Conditional Use Permit PLN2013-133, approved by Resolution No. 4108 for 193. E. Campbell Avenue. "Liquor stores" means a retail activity that is primarily devoted to the selling of alcoholic beverages, including beer and wine, for consumption off the premises. Liquor stores shall comply with the provisions of Section 21.36.110. 11. The City's new General Plan and revised Zoning Code went into effect on June 2, 2023. New Campbell Municipal Code (CMC) Section 21.030.050 provides a limited "safe harbor" provision for applications submitted prior to this date, indicating that they "may be carried out, or extended, in accordance with the development standards and permitting procedures in effect at the time of project submittal…" This application was received by the City on May 22, 2023, and therefore is evaluated under the provisions of the Zoning Code prior to the recent update. 12. The City Council adopted the Downtown Alcohol Beverage Policy, consistent with the goals and strategies of the Campbell General Plan and Downtown Development Plan. Conformance to the provisions of the Downtown Alcohol Beverage Policy is the basis by Planning Commission Resolution No. 4697 Page 3 of 9 48 Civic Center Drive – PLN-2023-59 Conditional Use Permit w/ Site and Arch. Review + Tree Removal Permit which the City reviews new and modified applications for alcohol beverage service. The Policy sets forth limitations to the hours of operation, amount of bar area seating, and alcohol beverage service that are necessary to protect the public health, safety and welfare. 13. The Downtown Alcohol Beverage Policy "strong discourages" new stand-alone bars, including "nightclubs, ultra-lounges or similar establishments typically offering live entertainment and late night alcohol service." However, the Policy makes allowance to permit "wine bars" and "wine tasting establishments" that close at 11:00 PM. 14. The proposed "taproom" is materially similar to a "wine bar" in that a "taproom" also offers a variety of beverage options from multiple producers in range of serving sizes. Additionally, in keeping with the generally understood concept of a "wine bar", where food is offered to accentuate the beverage experience, the proposed "taproom" would include food preparation facilities, allowing it to be licensed under a "Type 41" license (On-Sale Beer & Wine – Eating Place) or "Type 40" license (On-Sale Beer Only), both of which require provision of food. 15. Based on the aforementioned similarities, a "taproom" may be considered similar to a "wine bar" room pursuant to CMC 21.020.010.F.1, and therefore allowable under the Downtown Alcohol Beverage Policy. This determination is consistent with the prior Planning Commission approval of Conditional Use Permit PLN2019-67, approved by Resolution No. 4514 for 469 E. Campbell Avenue, which found that a "brewery-tasting room" was materially similar to a "wine tasting establishment" under the Downtown Alcohol Beverage Policy. 16. Although the Downtown Alcohol Beverage Policy does not provide specific guidance regarding live entertainment or outdoor seating relative to "wine bars," the prior Planning Commission approval of Conditional Use Permit PLN2012-205, approved by Resolution No. 4091 for 234 E. Campbell Avenue, determined that these elements were permissible for a "wine bar". This determination would also extend to the proposed "taproom" as a comparable use to a "wine bar" under the Downtown Alcohol Beverage Policy. 17. A public closing time of 11:00 PM for the proposed "taproom" is consistent with the Downtown Alcohol Beverage Policy provisions for "wine bars" and "wine tasting establishments". 18. A prohibition on an age restriction, requiring that minors be permitted within the establishment at all times that the business is open to the public, is consistent with the purpose and intent of the Downtown Alcohol Beverage Policy, and would be conducive to a "family friend" environment. 19. The overconcentration of late-night alcohol serving establishments within a compact downtown district can create a cumulative impact that overwhelms the area creating an undesirable result such as drunk in public, vandalism, and disorderly conduct. 20. For purposes of its overconcentration analysis, the Planning Commission recognizes the "special planning areas" as mapped by General Plan Figure LU-2, including the Downtown Development Plan. Planning Commission Resolution No. 4697 Page 4 of 9 48 Civic Center Drive – PLN-2023-59 Conditional Use Permit w/ Site and Arch. Review + Tree Removal Permit 21. Approval of the Proposed Project would result in 29 alcohol-serving establishments in the Downtown Development Plan area or approximately 1.31 establishments per acre, comparable to the Pruneyard Shopping Center, which is permitted 25 alcohol-serving establishments or approximately one per acre, pursuant to its Master Use Permit. 22. Prior overconcentration analyses in Downtown Campbell excluded the Civic Center, as well as other areas of the Downtown Development Plan boundary that overlap with other area/master plan boundaries. However, with adoption of the new General Plan, all of the plan boundaries have now been "officially" established such that this and future analysis will refer to the boundaries as mapped by Figure LU-2 (Special Planning Areas). 23. The Downtown Alcohol Beverage Policy provides that all Conditional Use Permits issued to establishments for alcoholic beverage service on-site are 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 a Conditional Use Permit if it is determined that the sale of alcohol has become a nuisance to the City's public health, safety or welfare. 24. As conditioned, live entertainment would cease at 10:00 PM on Friday and Saturday and 9:00 PM the remainder of the week and would remain an ancillary element of the "taproom" through operational controls, such as a prohibition of a cover charge. Although the Downtown Alcohol Beverage Policy allows live entertainment until 11:00 PM, the standard likely contemplated businesses largely located along Campbell Avenue further away from residential properties. Given the project site's proximity to residences along Harrison Avenue, an earlier ending time is warranted. 25. With incorporation of a noise-limiting feature in the speaker system, as conditioned and recommended by an acoustic study, the live entertainment will not result in sound that would exceed the standard set forth in CMC Sec. 21.16.070. 26. Due to the compact nature of the Project Site, removal of one 12-inch (DBH) tree is necessary to allow reasonable use of property as its retention would entirely compromise the footprint of the proposed building, rendering the property undevelopable. 27. The Proposed Project is not subject to a parking requirement pursuant to AB-2097 due to its proximity to the Downtown Campbell Light-Rail Station. 28. As part of the longer streetscape view, the proposed 6-ft tall fence is intended maintain the "taproom" use on the property. 29. The proposed reconfiguration of the public right-of-way would include feathering of the curb-line to create a loading zone and space for vehicular deacceleration to allow the property to be serviced by collection vehicles and delivery trucks. This layout has been evaluated by a professional traffic engineering consultant and found to satisfy the minimum site distance requirements established by the California Department of Transportation (Caltrans). 30. Based on trip generation values provided by the Institute of Transportation Engineers (ITE) Trip Generation Manual, the Proposed Project would result in less than 100 new AM or PM trips, therefore not requiring preparation of a traffic impact analysis pursuant Planning Commission Resolution No. 4697 Page 5 of 9 48 Civic Center Drive – PLN-2023-59 Conditional Use Permit w/ Site and Arch. Review + Tree Removal Permit to the Congestion Management Program, as specified by the VTA Transportation Impact Analysis (TIA) Guidelines. Additionally, since the project site is ½ mile from the Downtown Campbell light-rail station, a Vehicles-Miles-Traveled (VMT) analysis is not required per the City's VMT policy. 31. The Proposed Project would be consistent with the design standards for the CB-MU Zoning District provided in CMC Sec. 21.11.060.G, including "building mass", "building form and composition," "storefronts," "materials, colors, and finishes," and "other elements," as established in the administrative record. 32. The Proposed Project, as conditioned, would be consistent with the following General Plan policies and Actions: Action CD-3.5: Design commercial and office buildings city-wide to have minimal setbacks from the sidewalk except to allow for pedestrian oriented features such as plazas, recessed entryways, and wider sidewalks for outdoor cafes. Discourage parking areas between the public right-of-way and the front façade of the building. Action ED-6.a: Encourage development projects and activities in the Downtown that are distinctive, are designed to reflect Campbell’s history, and include components that promote a sense of place, either through providing public spaces, venues for community activities, or community art and culture. Action ED-6.c: Promote diverse community uses, including but not limited to, distinctive outdoor dining areas, public art, and social gathering areas in mixed-use and commercial areas of Downtown. Action ED-6.d: Implement lighting, streetscape, and public art improvements to make Downtown a safer, more pedestrian-friendly place. Goal ED-6: Encourage and support Downtown as the heart of Campbell’s cultural and civic life, and a place where residents, workers, and visitors can share in the heritage, vibrancy, and vitality, of Campbell. Policy CD-1.3: Through implementation of the city’s design review process, encourage creative, high-quality, innovative, and distinctive architectural and site designs that help create unique, vibrant places. Policy CD-1.5: Orient building entrances toward the street and provide parking to the side of, in the rear of, or below buildings, wherever possible. Policy ED-2.4: Encourage the revitalization of existing shopping centers, business parks, industrial areas, and key corridors as needed in order to meet the economic development goals of the city. Policy ED-6.2: Position Downtown as the local focal point for fine dining, arts, culture, history, entertainment, and boutique retail activity Policy ED-6.4: Promote and prioritize new and expanded development in Downtown, consistent with the standards established by the zoning code, the Downtown Development Plan, and the East Campbell Avenue Master Plan. Policy LU-5.1: Ensure that new development within the Downtown Area complies with the requirements of the Campbell Downtown Development Plan. Planning Commission Resolution No. 4697 Page 6 of 9 48 Civic Center Drive – PLN-2023-59 Conditional Use Permit w/ Site and Arch. Review + Tree Removal Permit Policy LU-5.4: Encourage restaurant and specialty retail uses in the Downtown commercial area that will foster a balance of day and evening activity. Policy LU-5.6: Continue to implement the Downtown Alcohol Beverage Policy. Action SA-4.a: As part of the development review process, continue to consult with the Police Department in order to ensure that the project does not impair the provision of police services through inappropriate site design. The use of physical site planning as an effective means of preventing crime, including lighting, visibility, and video surveillance requirements shall be determined by the Police Department, where applicable 33. The Proposed Project, as conditioned, would be consistent with the following Downtown Development Plan policies and Goal: Policy D-1.1: Building Orientation and Layout: New development and major rehabilitation projects shall orient buildings on the street to create a continuous development pattern geared to the pedestrian. Policy D-1.2: Building Articulation: Given the unique character of the Downtown district, new development and major rehabilitation projects shall incorporate the traditional architectural style, articulation and details that reflect the City’s history and promote its future. Policy LU-4.1: Downtown Character: Require new development to be sensitive to the unique character that defines Downtown Campbell. Policy LU-6.1: Expansion of Downtown: Facilitate and encourage the evolution of the Downtown beyond the loop streets, eastward to the Hwy 17 overpass and westward to the Community Center, through public improvements, urban design and land use patterns that connect, both visually and physically this stretch of Campbell Avenue. Policy LU-7.1: Urban/Small Town Densities: Downtown development should achieve densities and development patterns consistent with urban centers and central businesses districts, while maintaining a small town scale. 34. The Proposed Project is required by a Condition of Approval to including the installation of additional lighting and security cameras, and preparation of a security plan for review and approval by the Police Department, in furtherance of General Plan Action SA-4.a. 35. The requirement for a bicycle rack would support alternative transportation solutions. 36. In-lieu of construction of an ADA compliant curb ramp along the project frontage as part of the future reconfiguration Harrison Avenue and Civic Center Drive intersection, included in the Downtown PDA Enhancement Project (22-NN), as permitted by CMC Section 11.24.040 (Requirements—General), the applicant shall be obligated to pay $10,000 for its proportional share of the construction of the aforementioned improvement. This fee is imposed pursuant to the Mitigation Fee Act (Government Code § 66000 et seq.) such that the $10,000 fee will be used to improve accessibility compliance within the City's right-of-way in furtherance of the Americans with Disability Act and would be benefit to customers of the proposed "taproom" some of whom may be disabled. Planning Commission Resolution No. 4697 Page 7 of 9 48 Civic Center Drive – PLN-2023-59 Conditional Use Permit w/ Site and Arch. Review + Tree Removal Permit 37. 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). 38. The Planning Commission's review of the proposed project further encompassed zoning and General Plan land use conformance, noise impacts, parking, property maintenance, odors, security and enforcement, and neighborhood impacts. 39. The Planning Commission also weighed the public need for, and the benefit to be derived from, the project, against any impacts it may cause. 40. No substantial evidence has been presented which shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. 41. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. 42. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment; Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: Site and Architectural Review Permit Finding (CMC Sec. 21.42.060.B): 1. The project will be consistent with the General Plan; 2. The project will be consistent with the Zoning Code; 3. The project will aid in the harmonious development of the immediate area; 4. The project is consistent with applicable adopted design guidelines, development agreement, overlay district, area plan, neighborhood plan, and specific plan(s); Conditional Use Permit Findings (CMC Sec. 21.46.040.A): 5. 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; 6. The proposed use is consistent with the General Plan; 7. 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; 8. 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; Planning Commission Resolution No. 4697 Page 8 of 9 48 Civic Center Drive – PLN-2023-59 Conditional Use Permit w/ Site and Arch. Review + Tree Removal Permit 9. 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; 10. 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; Special Findings for Liquor Establishments (CMC 21.46.070): 11. The establishment will not result in an over concentration of these uses in the surrounding area; 12. The establishment will not create a nuisance due to litter, noise, traffic, vandalism, or other factors; 13. The establishment will not significantly disturb the peace and enjoyment of the nearby residential neighborhood; 14. The establishment will not significantly increase the demand on city services; 15. The establishment would be consistent with the Downtown Alcohol Beverage Policy; Undue Concentration Finding (BPC Sec. 23958): 16. The public convenience or necessity would be served by the issuance of an on-sale general liquor license; Fence Exception Findings (CMC Sec. 21.42.060.B) 17. The [increased height] would not impair pedestrian or vehicular safety; 18. The [increased height] would result in a more desirable site layout; 19. The [increased height] would not be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of the change; 20. The [increased height] would not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city; Environmental Finding(s) (CMC Sec. 21.38.050): 21. 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; and 22. There are no unusual circumstances that would prevent the project from qualifying as Categorically Exempt per Section 15300.2c of the CEQA Guidelines. Planning Commission Resolution No. 4697 Page 9 of 9 48 Civic Center Drive – PLN-2023-59 Conditional Use Permit w/ Site and Arch. Review + Tree Removal Permit THEREFORE, BE IT RESOLVED that the Planning Commission grants approval of a Conditional Use Permit with Site and Architectural Review to allow construction of an approximately 3,100 square-foot two-level commercial building with a rooftop deck including a prefab kitchen module, a ground-level patio bounded by a 6-foot fence, and the associated realignment of the civic center drive curb-line to accommodate refuse pickup and deliveries; and to allow use of the property as a liquor establishment ("taproom") inclusive of beer and wine beverage service with incidental off-site sales, ancillary live entertainment, and late night activities (staff closing/clean-up after 11:00 pm and before 6:00 am); and a Tree Removal Permit to allow removal of a 12-inch tree, on property located at 48 Civic Center Drive, subject to the attached Conditions of Approval (Exhibit A). PASSED AND ADOPTED this 13th day of February, 2024, by the following roll call vote: AYES: Commissioners: Zisser, Kamkar, Krey, Ostrowski, Buchbinder, Fields NOES: Commissioners: ABSENT: Commissioners: Majewski ABSTAIN: Commissioners: APPROVED: Alan Zisser, Chair ATTEST: Rob Eastwood, Secretary Alan Zisser (Feb 21, 2024 16:00 PST) EXHIBIT A CONDITIONS OF APPROVAL PLN-2023-59 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. PLANNING DIVISION 1. Approved Project: Approval is granted for a Conditional Use Permit with Site and Architectural Review to allow construction of an approximately 3,100 square-foot two- level commercial building with a rooftop deck including a prefab kitchen module, a ground-level patio bounded by a 6-foot fence, and the associated realignment of the civic center drive curb-line to accommodate refuse pickup and deliveries; and to allow use of the property as a liquor establishment ("taproom") inclusive of beer and wine beverage service with incidental off-site sales, ancillary live entertainment, and late night activities (staff closing/clean-up after 11:00 pm and before 6:00 am); and a Tree Removal Permit to allow removal of a 12-inch tree, on property located at 48 Civic Center Drive, on property located at 48 Civic Center Drive. The project shall substantially conform to the Approved Project Plans and Written Description included as Attachments B and C in the February 13, 2024, Planning Commission Staff Report, except as may be modified by conditions of approval contained herein. 2. Permit Expiration: Approval of the Conditional Use Permit with Site and Architectural Review and Tree Removal Permit ("Approval") shall be valid for one (1) year from the effective date of the Planning Commission action. Within this one-year period a Building Permit must be issued pursuant to CMC Sec. 21.56.030.B.1. Failure to meet this deadline or expiration of an issued Building Permit shall result in the Approval being rendered void. Once established, this Approval shall be valid in perpetuity on the Project Site, subject to continued maintenance of an ABC liquor license as provided for in Condition of Approval No. 11 (Operational Standards). Discontinuation of alcohol service for a continuous period of twelve months, as evidenced by surrender or revocation of the ABC license, shall void the Approval upon an affirmative determination by the Planning Commission in a public hearing that the use has been discontinued. 3. Plan Revisions: The construction plans submitted for a Building Permit shall incorporate appropriate notes and details to demonstrate compliance the relevant requirements of Condition of Approval No. 11 (Operational Standards), and include the following revisions/information to the satisfaction of the Community Development Director: (1) installation of lighting on the westerly side of the building (wall-mounted pack lights or overhead lights) to illuminate the adjacent walkway; (2) installation of lighting integrated into the patio fence; (3) installation of a security camera system as per the required Security Plan; (3) replacement of the landscaping adjacent to the entrance with concrete sidewalk; (4) installation of a bicycle rack; (5) construction details for the rooftop glass panels consistent with the Noise Study recommendations; and (6) specifications for the obscuring storefront film in front of the loading/trash room. Exhibit A – Conditions of Approval ~ 48 Civic Center Dr. Page 2 of 14 PLN-2023-59 – Conditional Use Permit w/Site and Arch. Review 4. Signage: No signage has been approved as part of this Approval. New signage shall not be installed prior to approval of a Sign Permit consistent with the signage standards for the CB-MU Zoning District. 5. 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. 6. Material Samples: Prior to issuance of a building permit, a sample of the brick and wood materials shall be submitted for review and approval by the Community Development Director. 7. Timing of Tree Removal: The 12-inch tree authorized for removal shall only be removed upon issuance of a Building Permit. 8. Water Efficient Landscape Standards: This project is subject to the California Model Water Efficient Landscape Ordinance (MWELO) and may comply with the Prescriptive Compliance Option in Appendix D. The Building Permit application submittal shall demonstrate compliance with the applicable MWELO and landscaping requirements and shall include Planting and Irrigation Plans that meet all requirements of the Prescriptive Compliance Option in Appendix D and a completed landscape Documentation Package. 9. Lighting Design: The final design and type of lighting fixtures and lighting intensity of any proposed exterior lighting for the project shall be reviewed and approved by the Community Development Director for compliance with the City of Campbell Lighting Design Standards (CMC Sec. 21.18.090). 10. 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. 11. Operational Standards: Consistent with the Downtown Alcohol Beverage Policy and other City standards, the following operational standards shall apply: a. Approved Use: The approved use is a Liquor Establishment commonly known as a "taproom," limited to beer and wine service with incidental off-site sale of beer and wine products, with Late-Night Activities (staff clean-up activity after 11:00 PM and before 6:00 AM) and ancillary Live Entertainment, as defined by the Campbell Municipal Code and limited by the operational standards listed herein. b. Liquor License: The applicant shall obtain and maintain in good standing a license from the State Department of Alcoholic Beverage Control for the sale of beer and/or wine beverages for on-site consumption and incidental off-site sale, limited to either a "Type 41" license (On-Sale Beer & Wine – Eating Place) or "Type 40" license (On- Sale Beer Only). c. Age Restriction: At no time shall the establishment institute an age restriction in order for individuals to patronize the business (i.e., minors shall be permitted within the establishment at all times that the business is open to the public). Exhibit A – Conditions of Approval ~ 48 Civic Center Dr. Page 3 of 14 PLN-2023-59 – Conditional Use Permit w/Site and Arch. Review d. Hours of Operation: Hours of operation shall be as follows. By the end of "Business Hours" all patrons shall have exited the establishment. By the end of the Operational Hours" all employees shall be off the premises (except for emergencies). • Business Hours 6:00 AM – 11:00 PM, daily • Operational Hours: 5:00 AM – 12:00 AM, daily e. Food Service: Food service shall be available at all times during "Business Hours" throughout the entire establishment (indoors and outdoors). f. Beverage Service. Beer and wine beverages shall be offered in both full-size servings as well as smaller "taster"/"flight" portions. g. Seating/Patron Occupancy: Indoor and outdoor patron occupancy shall be limited to the maximum occupancy capacities of certain rooms as determined by the California Building Code (CBC). h. Floor Plan Layout: Tables and chairs shall be provided in a configuration consistent with the Approved Project Plans, and shall not be stacked, removed, or otherwise relocated to create large open spaces for patrons to congregate. i. Off-Site Sale: The retail sale of beer and/or wine products for off-site consumption shall be limited to the "merchandise"/ "grab and go" areas depicted on the Approved Project Plans. During Downtown Special Events authorized by the City Council that include the sale of alcoholic beverages (e.g., "Oktoberfest" and "Boogie on the Bayou"), the establishment shall be prohibited from selling alcoholic products for off- site consumption. j. Noise: Regardless of decibel level or source, no noise generated by the establishment shall obstruct the free use of neighboring properties so as to unreasonably interfere with the comfortable enjoyment of the residents. In the event verified complaints are received by the City regarding such noise, the Community Development Director may immediately curtail the "business hours", "hours of operation", and/or "live entertainment hours", pursuant to Condition of Approval No. 12 (Revocation of Permit). k. Maximum Occupancy Sign: The establishment shall include and maintain three (3) maximum occupancy signs of a size to be determined by the Community Development Director, conspicuously posted within the (1) interior seating area, (2) ground-level patio, and (3) upper-level deck, which shall include the maximum occupancies and include a visual depiction of the floor plan included in the approved construction drawings submitted for a Building Permit. It is the responsibility of the establishment to provide adequate entrance controls to ensure that patron occupancy is not exceeded. l. Doors and Windows: All doors and windows shall remain closed after 10:00 PM. m. Queuing: The establishment owner shall ensure that patrons do not form a queue outside of the building entrance blocking the public sidewalk. Exhibit A – Conditions of Approval ~ 48 Civic Center Dr. Page 4 of 14 PLN-2023-59 – Conditional Use Permit w/Site and Arch. Review n. Special Events: The Community Development Director may allow special events through consideration of a Temporary Use Permit application in compliance with Chapter 21.45 of the Campbell Municipal Code, even if such events would otherwise conflict with the Conditions of Approval provided herein. o. Live Entertainment: Ancillary live entertainment is permitted, subject to the following standards: i. Allowance: Live entertainment is limited to live musicians (i.e., singers, bands, and instrumentalists) intended to serve as an ancillary element beverage and food service. ii. Location: Live entertainment may be performed on either the ground-level patio or upper-level deck, but not both areas simultaneously. A Live Entertainment Permit may more precisely restrict the exact location that live entertainment may be conducted. iii. Amplification: Amplified music shall be channeled through a built-in speaker system. The speaker system shall include an electronic limiting feature to ensure speaker sound levels do not exceed 95 dBA as measured at a distance of 3-feet. Stand-alone amplification systems are prohibited. iv. Live Entertainment Hours: Live entertainment shall be permitted daily, ending at 10:00 PM Friday and Saturday, and 9:00 PM the remainder of the week. v. Noise: The sound generated by the live entertainment is subject to the general noise standard provided by Condition of Approval No. 11.j (Noise). If the City receives verified noise complaints related to live entertainment, the establishment owner shall cooperate with the Community Development Director to address the complaints through operational changes, including, but not limited to, a reduction in amplification level, a change in the location of live entertainment performances, alternative speaker placement, and/or preparation of a new noise study (at the business owner's expense). If the complaints cannot be resolved through these measures, the Community Development Director may curtail the approved live entertainment hours, as provided for by Condition of Approval No. 12 (Revocation of Permit). vi. Live Entertainment Permit: The establishment owner shall secure approval of a Live Entertainment Permit in compliance with CMC Section 5.24 prior to the commencement of any live entertainment performances. vii. Dancing: No part of the outdoor seating areas shall be cleared to create a dance floor; however, this restriction shall not be construed as to preclude spontaneous dancing by patrons. viii. Security: Security shall be provided if required by a Live Entertainment Permit. ix. Cover Charge: At no time shall a cover charge be required or a donation necessary in order to patronize the establishment. Exhibit A – Conditions of Approval ~ 48 Civic Center Dr. Page 5 of 14 PLN-2023-59 – Conditional Use Permit w/Site and Arch. Review p. Security Plan: If deemed necessary by the Police Department, the establishment owner shall prepare a security plan to the satisfaction of the Police Chief, including, but not limited to, provision of private security, installation of a security camera system, installation of security lighting, and/or installation of security signage. q. Smoking: "No Smoking" signs shall be posted on the premises in compliance with CMC Section 6.11.060. Smoking shall be prohibited on the property and on the public sidewalk within twenty feet of the building. It is the responsibility of the establishment owner to ensure patron compliance with this restriction. r. Seating Furniture: Outdoor furniture shall be of durable and weather-resistant material, specifically metal and/or wood, or a composite material (e.g., polypropylene) if the majority of the furniture piece consists of metal or wood. The exact design of outdoor furniture, including tables, chairs, umbrellas, and heaters, shall be subject to approval by the Community Development Director for compliance with this requirement. All outdoor furniture shall be kept clean and in good repair and replaced and/or fixed as necessary. s. Storefront Transparency: Except for the storefront system in front of the loading/trash room, all storefront glazing shall be transparent and not be obscured through signage, "black-out" tinting, curtains, or similar obstructions. t. Taxicab Service: The establishment shall post in a conspicuous place the telephone numbers of local taxicab services. u. Loitering: There shall be no loitering allowed outside the establishment. The establishment owner is responsible for monitoring the premises to prevent loitering, including contacting the Police Department as necessary to enforce this requirement. v. Visual Clearance: The establishment shall maintain the adjacent sidewalk free of any objects that could block the vehicular line of sight along Civic Center Drive. w. Trash Disposal and Clean-Up: Refuse and recycling receptacles shall be kept within the trash room except during collection in compliance with CMC Chapter 6.04 (Garbage and Rubbish Disposal). The door to the trash room shall remain closed at all times except for when receptacles are being moved. x. Property Maintenance: All exterior areas of the business shall be kept free from graffiti, trash, rubbish, and litter placed on the property, in compliance with CMC Section 21.16.110 (Site Maintenance). The establishment owner shall regularly power-wash the driveway and adjacent public sidewalk leading from the trash room to the loading zone to ensure the concrete surface remains unsoiled from refuse receptacles. y. Landscape Maintenance: All landscaping shall be maintained in compliance with Campbell Municipal Code Section 21.26.040 (Landscaping Maintenance Requirements) and Section 21.16.110.C.2 (Landscape Maintenance). Dead or unhealthy plants shall be replaced with healthy plants of the same or similar type. Exhibit A – Conditions of Approval ~ 48 Civic Center Dr. Page 6 of 14 PLN-2023-59 – Conditional Use Permit w/Site and Arch. Review z. Employee Training: The establishment shall use an employee training manual that addresses alcoholic beverage service consistent with the standards of the California Restaurant Association and the Department of Alcoholic Beverage Control. aa. Designated Driver Program: The establishment shall maintain and actively promote a designated driver program (e.g., complimentary non-alcoholic beverages for designated drivers, provision of non-alcoholic beer or wine beverages, etc.). bb. Outdoor Storage: Outdoor storage, including but not limited to, linens, kegs, boxes, cartons, is prohibited. When not in use, propane canisters shall be stored in the designated storage area. cc. City Meetings: At the discretion of the Police Chief, periodic meetings will be conducted with representatives from the Police Department and Department of Alcohol Beverage Control for on-going employee training on alcoholic beverage service to the general public. 12. Revocation of Permit: Exercise of this Approval 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 a Conditional Use Permit if it is determined that the sale of alcohol, live entertainment and/or late-night activities has become a nuisance to the City’s public health, safety or welfare or for violation of this Approval or any standards, codes, or ordinances of the City of Campbell. At the discretion of the Community Development Director, if the establishment generates three (3) verified complaints related to violations of conditions of approval (e.g., noise, etc.) and/or related to the service of alcohol within a twelve (12) month period, a public hearing before the Planning Commission may be scheduled to consider modifying Conditions of Approval or revoking of the Approval. The Community Development Director may commence proceedings for the revocation or modification of the Approval upon the occurrence of less than three (3) verified complaints if the Community Development Director determines that the alleged violation warrants such an action. The Director may also at such time immediately restrict the approved "business hours", "hours of operation", and/or "live entertainment hours" to address complaints in a timely manner. 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 patrons actions; b. The number of complaints received from residents, business owners and other citizens concerning the operation of an establishment, c. The number of arrests for alcohol, drug, disturbing the peace, fighting and public nuisance violations associated with an establishment; d. The number and kinds of complaints received from the State Alcoholic Beverage Control office and the County Health Department; and e. Violation of conditions of approval. Exhibit A – Conditions of Approval ~ 48 Civic Center Dr. Page 7 of 14 PLN-2023-59 – Conditional Use Permit w/Site and Arch. Review BUILDING DIVISION 13. 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. 14. Conditions of Approval: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 15. Deferred Submittals: Upon submittal for a Building Permit, include a Deferred Submittal Heading on the cover sheet for Fire Sprinklers, Alarm Systems, and Manufactured Truss Systems. 16. Life Safety/Egress Sheet: Upon submittal for a Building Permit, include a Life Safety/Egress sheet that shows any fire/egress elements such as: exit signs, emergency lighting, fire extinguishers, property line fire walls, panic hardware, FDC's, and the egress path with the discharge area and the occupied roof exits. 17. Accessibility Sheet: Upon submittal for a Building Permit, include an Accessibility Plan that shows an accessible path from the sidewalk and accessible parking into the building to designated and random accessible seating (4 tops, 2 tops, bar, and rooftop), path to the restroom, detail of the restroom, and accessible common areas that include employees and patrons. 18. Construction Activities: The applicant shall abide by the following requirements during construction and demolition activity: a. General City Requirements: Construction activity shall comply with these general City construction requirements: 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. The property shall be properly enclosed with construction fencing to prevent unauthorized access to the site during construction. The construction site shall Exhibit A – Conditions of Approval ~ 48 Civic Center Dr. Page 8 of 14 PLN-2023-59 – Conditional Use Permit w/Site and Arch. Review be secured to prevent vandalism and/or theft during hours when no work is being done. b. Noise Attenuation Measures: Due to the proximity of adjacent residences, the following noise attenuation measures shall be implemented: a. All construction equipment shall be properly maintained in good working order. b. Prior to construction activities, designate a “Construction Noise Coordinator” who would be responsible for responding to any local complaints about construction noise. The Construction Noise Coordinator shall determine the cause of the complaint and shall require that reasonable measures warranted to correct the problem be implemented (potentially including temporary noise barriers). The telephone number for the Construction Noise Coordinator shall be conspicuously posted at the construction site. c. The construction contractor shall provide, at least three weeks prior to the start of construction activities, written notification to all nearby residential units within 200 feet of the construction site informing them of the estimated start date and duration of construction activities. d. Locate temporary generators and air compressors (if utilized) as far away from sensitive noise receptors as necessary to reduce noise. c. BAAQMD Required Fugitive Dust Control Measures: The applicant shall require their construction contractors to reduce construction-related fugitive dust by implementing BAAQMD’s basic control measures at all construction and staging areas, including: a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. b. All haul trucks transporting soil, sand, or other loose material off site shall be covered. c. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. d. All vehicle speeds on unpaved roads shall be limited to 15 miles per hour. e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. f. A publicly visible sign shall be posted with the telephone number and person to contact the builder regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations. d. BAAQMD Required Basic Exhaust Emissions Reduction Measures. The applicant shall require their construction contractors to implement the following measures during construction to reduce exhaust emissions: a. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Exhibit A – Conditions of Approval ~ 48 Civic Center Dr. Page 9 of 14 PLN-2023-59 – Conditional Use Permit w/Site and Arch. Review Code of Regulations). Clear signage shall be provided for construction workers at all access points. b. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. e. Construction Hours/Fines/Stop Work Notice: Failure to comply with above requirements 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. f. 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. PUBLIC WORKS DEPARTMENT 19. 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 c. Street Dedication: The street dedication documents required for this project shall be submitted for review by the City Survey 20. Right-of-Way for Public Street Purposes: Prior to issuance of any grading or building permits for the site, the applicant shall fully complete the process to cause additional right-of-way to be granted in fee for public street purposes along the Civic Cetner Drive frontage to accommodate the existing constructed sidewalk, unless otherwise approved by the City Engineer. The applicant shall submit the necessary documents for approval by the City Engineer, process the submittal with City staff’s comments and fully complete the right-of- way process. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City’s review and recordation. 21. 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. Exhibit A – Conditions of Approval ~ 48 Civic Center Dr. Page 10 of 14 PLN-2023-59 – Conditional Use Permit w/Site and Arch. Review 22. 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. The construction, operation & maintenance of stormwater treatment facilities on-site and off-site will be the applicant's sole responsibility. 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. 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. 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, 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. Any changes are in conformance with local, state, or federal regulations. 3. The as-built drawings show all pertinent constructed dimensions, elevations, shapes, and materials. 4. All variations in construction from the approved design plan have been identified, including omissions to and additions from the approved plan. Exhibit A – Conditions of Approval ~ 48 Civic Center Dr. Page 11 of 14 PLN-2023-59 – Conditional Use Permit w/Site and Arch. Review 23. Maintenance of Stormwater / Landscaping Facilities: Owner(s), current and future, are required to maintain the landscaped bio-treatment areas and tree wells in the public right of way. This includes, but is not limited to: trees, plantings, irrigation, etc. Trees shall not be pruned in a manner that would not allow the tree to grow to a mature height. Execution of a Maintenance Agreement will be required prior to Building Permit Final. 24. 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. Utility locations shall not cause damage to any existing street trees. Where there are utility conflicts due to established tree roots or where a new tree will be installed, alternate locations for utilities shall be explored. Include utility trench details where necessary. 25. 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. 26. 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. 27. 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. 28. Street Improvement Agreements / Plans / Encroachment Permit / Fees / Deposits: Prior to issuance of any grading or building permits for the site, the applicant shall execute a street 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. Relocation of all existing utilities including utility boxes, covers, poles, etc. outside of sidewalk area. No utility boxes, covers, etc. will be allowed in the sidewalk area. Exhibit A – Conditions of Approval ~ 48 Civic Center Dr. Page 12 of 14 PLN-2023-59 – Conditional Use Permit w/Site and Arch. Review c. Installation of City approved street trees, tree wells and irrigation at 30 feet on center. d. Installation of City standard curb, gutter, sidewalk and ADA compliant curb cut for dumpster roll-out. e. Installation of stormwater treatment facilities needed to comply with MRP 3.0. The plants and fencing shall not exceed a height of three (3) feet. f. Storm drain pipe installed in the right-of-way shall be either RCP or Ductile Iron Pipe. g. Installation of asphalt concrete overlay per street pavement restoration plan for utility installation and/or abandonment, as required by the City Engineer. h. Installation of streetlights, conduits, conductors and related facilities in accordance with the City of Campbell’s Street Lighting Policies. i. Installation of traffic control, stripes and signs. The striping shall be consistent with the recommendations in the project’s Traffic Safety Analysis report. j. Construction of conforms to existing public and private improvements, as necessary. k. Submit final plans in a digital format acceptable to the City. 29. In-lieu Contribution: Prior to issuance of the building permit, the applicant shall contribute $10,000 towards the construction of a future ADA curb ramp along the project’s frontage as part of the Campbell Downtown PDA Enhancement Project (22- NN). 30. 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. 31. 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. 32. 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. 33. Coordination with Capital Improvement/Other Projects: The City of Campbell is in the process of redesigning the intersection of Civic Center Drive and Harrison Avenue as part of the Campbell Downtown PDA Enhancement Project (22-NN). 34. Trash Enclosure Requirements: The following standards pertain to the trash room: Exhibit A – Conditions of Approval ~ 48 Civic Center Dr. Page 13 of 14 PLN-2023-59 – Conditional Use Permit w/Site and Arch. Review (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. (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. COUNTY FIRE DISTRICT 35. Buildings and Facilities Access: 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 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]. Fire department access cannot be met to all portions of the proposed building due to zero lot line. Rated walls and no wall openings in accordance with CA Building Code Ch. 705 on zero lot line need proposed on Sheet PA0.2 in order to avoid need for fire department access. Will be evaluated at building permit review. 36. Fire Alarm Requirements: Refer to CFC Sec. 907 and the currently adopted edition of NFPA 72 for fire alarm requirements. 37. Required Fire Flow: The minimum required fire flow for this project is 2,250 Gallons Per Minute (GPM) at 20 psi residual pressure. 38. Trash enclosure: Trash enclosure will need to comply with 2022 CFC section 304. 39. Fire Sprinklers Required: 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. 40. Fire Department Connection: The fire department connection (FDC) for the structure in support of the sprinkler system shall be installed at the street on the street address side Exhibit A – Conditions of Approval ~ 48 Civic Center Dr. Page 14 of 14 PLN-2023-59 – Conditional Use Permit w/Site and Arch. Review of the building. It shall be located within 100 feet of a public fire hydrant and within ten (10) feet of the main PIV (unless otherwise approved by the Chief due to practical difficulties). FDC's shall be equipped with a minimum of two (2), two-and-one-half (2- 1/2”) inch national standard threaded inlet couplings. Orientation of the FDC shall be such that hose lines may be readily and conveniently attached to the inlets without interference. FDC's shall be painted safety yellow [SCCFD, SP-2 Standard]. 41. Two-way Communication System Required: Two-way communication systems shall be designed and installed in accordance with NFPA 72 (2016 edition), the California Electrical Code (2013 edition), the California Fire Code (2016 edition), the California Building Code (2016 edition), and the city ordinances where two way system is being installed, policies, and standards. Other standards also contain design/installation criteria for specific life safety related equipment. These other standards are referred to in NFPA 72. 42. 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. 43. Address identification: 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. Resol 4697 - 48 Civic Center Dr. Final Audit Report 2024-02-22 Created:2024-02-20 By:Ken Ramirez (kenr@campbellca.gov) Status:Signed Transaction ID:CBJCHBCAABAA9oFXbeJycSi-ysIen1k7U75ES-TyBjVm "Resol 4697 - 48 Civic Center Dr." History Document created by Ken Ramirez (kenr@campbellca.gov) 2024-02-20 - 7:48:44 PM GMT Document emailed to Rob Eastwood (robe@campbellca.gov) for signature 2024-02-20 - 7:48:49 PM GMT Document emailed to Alan Zisser (alanzisser@gmail.com) for signature 2024-02-20 - 7:48:49 PM GMT Email viewed by Rob Eastwood (robe@campbellca.gov) 2024-02-20 - 8:21:16 PM GMT Document e-signed by Rob Eastwood (robe@campbellca.gov) Signature Date: 2024-02-20 - 8:21:27 PM GMT - Time Source: server Email viewed by Alan Zisser (alanzisser@gmail.com) 2024-02-22 - 0:00:02 AM GMT Document e-signed by Alan Zisser (alanzisser@gmail.com) Signature Date: 2024-02-22 - 0:00:23 AM GMT - Time Source: server Agreement completed. 2024-02-22 - 0:00:23 AM GMT