CC Resolution 10328
RESOLUTION NO. 10328
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING A PLANNED DEVELOPMENT PERMIT
(PLN2004-16) TO ALLOW THE CONSTRUCTION OF A NEW
RETAIL/OFFICE BUILDING OF 2,400 SQUARE FEET ON PROPERTY
OWNED BY MICK DUDAS AND MELANY MOORE-DUDAS
LOCATED AT 1865 S. WINCHESTER BOULEVARD IN A P-D
(PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION
OF MICK DUDAS AND MELANY MOORE-DUDAS. FILE NO.
PLN2004-16.
After notification and public hearing, as specified by law, and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the City Council did find as follows with
respect to application PLN2004-16.
1. The proposed project mixed use of retail and office is consistent with the General Plan land
use designation of Central Commercial shown on the Land use Element of the General Plan.
2. The proposed project is consistent with the Planned Development Zoning Ordinance.
3. The site plan proposes the construction of a 2,400 square foot commercial building with
relate parking and landscape facilities.
4. The project provides 10 off-street parking spaces, where 11 spaces are required.
5. The completed project would consist of four new townhomes with a building coverage of
16%, landscaping coverage of 18% and paving coverage of 65%.
6. The proposed project will have a floor area ratio of 0.34.
7. The subject property is surrounded by a church/office to the north, a community center to
the west, retail and church use to the east and an office to the south.
8. The proposed massing and design of the buildings are consistent with other developments in
the surrounding area and recent commercial developments in the Central commercial area.
9. The project qualifies as Categorically Exempt under Section 15303, Class 3 of the California
Environmental Quality Act (CEQA).
Based upon the foregoing findings of fact, the City Council further finds and concludes that:
1. The proposed development will result in a more desirable environment and use of the land
than would be possible under any other zoning classification.
City Council Resolution
PLN2004-16 - 1865 S. Winchester Boulevard- Planned Development Permit
Page 2
2. The development will be compatible with the General Plan of the City and will aid in the
harmonious development of the immediate area.
3. The proposed development will not result in allowing more residential units than would be
allowed by other residential zoning districts, which are consistent with the General Plan
designation of the property.
4. The proposed development will not be detrimental to the health, safety or welfare of the
neighborhood or the City as a whole.
5. There is a reasonable relationship and a rough proportionality between the conditions of
approval and the impacts of the project.
6. There is a reasonable relationship between the use of the fees imposed upon the project and
the type of development project.
7. 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.
NOW, THEREFORE, BE IT RESOLVED that the City Council approves a Planned
Development Permit (PLN2004-16) to allow the construction of a new retail/office building of
2,400 square feet on property owned by Mick Dudas and Melany Moore-Dudas located at 1865
S. Winchester Boulevard, subject to the following conditions:
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
Plannine Division
1. Approved Project: Approval is granted for a Planned Development Permit to allow the
construction of a two-story retail/office building at 1865 South Winchester Blvd. The
building design and site design shall substantially conform to the project exhibits listed
below, except as may be modified by the conditions of approval herein:
a. Project plans prepared by Bruno Marcelic, Architect, and stamped as received by the
Planning Division on November 07, 2003, and including a site plan, floor plans,
elevations, and conceptual landscape and irrigation plan.
City Council Resolution
PLN2004-16 - 1865 S. Winchester Boulevard- Planned Development Permit
Page 3
b. Color and material board submitted by Bruno Marcelic, February 4,2004.
c. Uses of the building shall be restricted to the uses permitted in the C-3-S (Central
Business District) Zoning District, section 21.26.020 (Uses permitted without use
permit).
2. Permit Expiration: The Planned Development Permit is valid for a period of two years from
the date of final City Council approval. A building permit must be obtained within this two-
year period or the Planned Development Permit shall be void.
3. Landscape Plan: The applicant shall submit four sets of a landscape and irrigation plan to the
Planning Division, prior to the issuance of building permits, for review and approval by the
Community Development Director. The landscape and irrigation plan shall substantially
conform with the approved conceptual landscape plan and the City's Water Efficient
Landscaping Standards (WELS) and shall include the following:
a. Provide a combination of screening shrubs, trees and vines along the driveway and the
parking area.
b. All shrubs shall be a minimum five-gallon size plant material and all trees shall be a
minimum 24-inch boxed container.
4. Fences: Any new or existing fencing shall comply with Section 21.59.090 of the Campbell
Municipal Code and shall be reviewed and approved by the Community Development
Director prior to issuance of any building permits for the project. Any existing fencing to
remain shall be determined to be in good condition by the Community Development
Director.
5. 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).
6. Utility Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to
installation of PG&E transformers and San Jose Water Company back-flow preventers,
indicating the location of the facilities and screening (if the facilities are above ground) for
approval by the Community Development Director.
7. On-Site Lighting: On-site lighting shall be shielded away from adjacent properties and
directed on site. The design and type of lighting fixtures and lighting intensity of any
proposed exterior lighting for the project shall be reviewed and approved by the Community
Development Director prior to installation of the lighting for compliance with all applicable
Conditions of Approval, ordinances, laws and regulations. Lighting fixtures shall be of a
decorative design to be compatible with the residential development and shall incorporate
energy saving features.
City Council Resolution
PLN2004-16 - 1865 S. Winchester Boulevard- Planned Development Permit
Page 4
8. Construction Mitigation Measures: The applicant shall implement the following construction
mitigation measures:
a. Construction activities will be limited to daytime hours of 8:00 am to 5 :00 p.m. weekdays
and 9:00 a.m. to 4:00 p.m. Saturdays. Construction is prohibited on Sundays and
Holidays unless an exception is granted by the Building Official.
b. No pile driving is allowed for construction of the project.
c. All internal combustion engines for construction equipment used on the site will be
properly muffled and maintained.
d. All stationary noise generating construction equipment, such as air compressors and
portable power generator, will be located as far as practical from the existing residences
and businesses.
e. All active construction areas shall be watered at least twice daily.
f. Cover all trucks hauling soil and other loose materials stationed or prior to leaving the
site.
g. Pave, apply water, or apply non-toxic soil stabilizers on all unpaved surfaces, and staging
areas at the construction site.
9. Parking and Driveways: All parking and driveway areas shall be developed in compliance
with Chapter 21.50 of the Campbell Municipal Code and the approved project plans. The
applicant shall provide a decorative pavement material within the common access driveway,
uncovered parking spaces and walkways. The design and material to be used for the
decorative pavement shall be reviewed and approved by the Community Development
Director prior to issuance of building permits for the project. The driveway area shall
incorporate an additional 20 feet of decorative paving at the project entrance to the main
building entrance.
10. Future Driveway/Fencing Improvements: The applicant/property owner shall prepare and
record an agreement, prior to the issuance of a building permit, in form and manner
acceptable to the City Attorney, agreeing to improve a shared driveway and fence with the
property owner to the north in the future when that property owner to the north chooses to
improve their driveway and lor fence.
11. Contractor Contact Information Posting: 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.
Buildine Division
12. Permits Required: A building permit application shall be required for the proposed new
commercial structure. The building permit shall include Electrical/PlumbinglMechanical
fees when such work is part of the permit.
City Council Resolution
PLN2004-16 - 1865 S. Winchester Boulevard- Planned Development Permit
Page 5
13. Construction Plans: The conditions of Approval shall be stated in full on the cover sheet of
construction plans submitted for building permit.
14. Size of Plans: The minimum size of construction plans submitted for building permits shall
be 24 in. X 36 in.
15. Plan Preparation: This project requires plans prepared under the direction and oversight of a
California licensed Engineer or Architect. Plans submitted for building permits shall be "wet
stamped" and signed by the qualifying professional person.
16. Site Plan: Application for building permit shall include a competent site plan that identifies
property and proposed structures with dimensions and elevations as appropriate. Site plan
shall also include site drainage details. Site address and parcel numbers shall also be clearly
called out. Site parking and path of travel to public sidewalks shall be detailed.
17. Soils Report: Two copies of a current soils report, prepared to the satisfaction of the
Building Official, containing foundation and retaining wall design recommendations shall be
submitted with the building permit application. This report shall be prepared by a licensed
engineer specializing in soils mechanics.
18. Foundation Inspections: A pad certificate prepared by a licensed civil engineer or land
surveyor shall be submitted to the project building inspector upon foundation inspection.
This certificate shall certify compliance with the recommendations as specified in the soils
report and the building pad elevation and on-site retaining wall locations and elevations are
prepared according to approved plans. Horizontal and vertical controls shall be set and
certified by a licensed surveyor or registered civil engineer for the following items:
a.
b.
pad elevation
finish floor elevation (first floor)
foundation corner locations
c.
19. Title 24 Compliance: California Title 24 Energy Standards Compliance forms shall be blue-lined on
the construction plans. Compliance with the Standards shall be demonstrated for conditioning of the
building envelope and lighting of the building.
20. Special Inspections: When a special inspection is required by UB.C. Section 1701, the architect or
engineer of record shall prepare an inspection program that shall be submitted to the Building
Official for approval prior to issuance of the building permits, in accordance with UB.C Section
106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection
Division Counter.
21. Non-Point Source Program: The City of Campbell, standard Santa Clara Valley Non-point Source
Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet
(size 24" X 36") is available at the Building Division service counter.
City Council Resolution
PLN2004-16 - 1865 S. Winchester Boulevard- Planned Development Permit
Page 6
22. Title 24 Accessibility-Commercial: On site general path of travel shall comply with the latest
California Title 24 Accessibility Standards. Work shall include but not be limited to accessibility to
building entrances from parking facilities and sidewalks
23. Title 24 Accessibility- Commercial: Projects seeking to use the Title 24 Hardship exemption clause
shall blue-line completed, City of Campbell "20%" exemption form on submitted construction plans.
Form is available at Building Division service counter.
24. Approvals Required: The project requires the following agency approval prior to issuance of the
building permit:
a. West Valley Sanitation District
b. Santa Clara County Fire Department
c. School District:
i) Campbell Union School District (378-3405)
ii) Campbell Union High School District (371-0960)
iii) Moreland School District (874-2900)
iv) Cambrian School District (377-2103)
Bay Area Air Quality Management District (Demolitions Only)
d.
25. P.G.& E.: Applicant is advised to contact Pacific Gas and Electric Company as early as
possible in the approval process. Service installations, changes and/or relocations may
require substantial scheduling time and can cause significant delays in the approval process.
Applicant should also consult with P.G. and E. concerning utility easements, distribution pole
locations and required conductor clearances.
26. Construction Fencing: This project 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.
PUBLIC WORKS DEPARTMENT
27. Preliminary Title Report: Prior to issuance of any grading or building permits for the site,
the applicant shall provide a current Preliminary Title Report.
28. Street Improvements: 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:
a. Removal of existing driveway approach, curb, gutter and entire sidewalk.
b. Removal of existing driveway approach, curb and gutter at 1855 Winchester Blvd.
c. Removal/relocation of PG&E guy wire in sidewalk.
City Council Resolution
PLN2004-16 - 1865 S. Winchester Boulevard- Planned Development Permit
Page 7
d. Installation of two (2) ADA compliant driveway approaches, curb, gutter and sidewalk.
e. Installation of City specified street tree.
f. Construction of conforms to existing public and private improvements, as necessary.
29. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer
cleanout(s) shall be installed on private property behind the public right-of-way line.
30. Utilities: All new on-site utilities shall be installed underground per Section 20.36.150 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. 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. Streets, which have been resurfaced within
the previous five years, will require boring and jacking for all new utility installations.
Applicant shall also prepare pavement restoration plans for approval by the City Engineer
prior to any utility installation or abandonment.
32. 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. The plans shall comply with the 1998 edition of the California Building Code
including Chapters 10, 11, 18,33, and Appendix Chapter 33.
33. 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 of $2,500.00 per net acre, which is
$437.50.
34. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building
permits, the applicant shall comply with the National Pollution Discharge Elimination
System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and
the Campbell Municipal Code regarding stormwater pollution prevention. The primary
objectives are to improve the quality and reduce the quantity of storm water 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.
City Council Resolution
PLN2004-16 - 1865 S. Winchester Boulevard- Planned Development Permit
Page 8
PASSED AND ADOPTED this 4th
call vote:
day of
May
, 2004, by the following roll
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Furtado, Watson, Dean, Kennedy, Burr
None
None
None
APPROVEP~~
Donald R. Burr, Mayor
~
ATTEST: ~~uncil