CC Resolution 10331
RESOLUTION NO.
10331
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL GRANTING AN APPEAL AND MODIFYING THE
PLANNING COMMISSION APPROVAL OF A SITE AND
ARCHITECTURAL REVIEW PERMIT (PLN2004-07) TO ALLOW
THE CONSTRUCTION OF TWO NEW TWO-STORY
COMMERCIAL RETAIL BUILDINGS ON PROPERTY OWNED BY
LYNN A. BUZOLICH ET AL LOCATED AT 525 E. HAMILTON
AVENUE IN A C-2-S (GENERAL COMMERCIAL) ZONING
DISTRICT. APPLICATION OF MR. STEPHAN SCHMIDT, ON
BEHALF OF THE BERGMAN COMPANIES. FILE NO. PLN2004-
07.
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 PLN2004-07:
1. The proposed commercial retail use will result in a use that is consistent with the General
Commercial General Plan land use designation.
2. The proposed commercial retail project is consistent with the C-2-S (General Commercial)
Zoning District.
3. The site plan proposes the construction of two new two-story commercial retail buildings,
641 parking spaces and associated landscaping.
4. The project site consists of a 367,127 square foot lot, developed with 171,640 square feet of
total building area, 52,843 square feet oflandscaping, and 235,214 square feet of paving.
5. The project provides one parking space per each 247 square feet of floor area for a total of
641 off-street parking spaces.
6. The project has a Floor Area Ratio (FAR) of 0.43.
7. Land uses surrounding the project site includes single-family residences to the north, mixed
commercial to the south, restaurant and multi-family residences to the west, and Highway 17
to the east.
8. The design of the buildings utilize varied, high quality building materials as architectural
treatments.
9. The proposed project, as conditioned, presents a significant landscape treatment along the
Hamilton Avenue, Almarida Drive and Highway 17.
City Council Resolution
Granting an Appeal and Modifying the Planning Commission Approval
PLN2004-07 - 525 E. Hamilton Avenue - Site and Architectural Review Permit
Page 2
10. A Mitigated Negative Declaration has been prepared for this project concluding that there are
no significant unmitigated impacts associated with this project, pursuant to the California
Environmental Quality Act (CEQA).
11. The project site will generate approximately 1,938 daily trips.
12. Of the trips generated by the project, there would be approximately 157 new weekday,
midday peak hour trips, 163 weekday PM peak hour trips and 314 Saturday midday peak
hour trips.
13. When the trips generated by the project are considered with the cumulative conditions
projected for the area, the level of service for the Hamilton! Highway 17 southbound off-
ramp - Salmar Avenue intersection would go to Level of Service F in the absence of
mitigation measures.
14. The deterioration of the Level of Service at the Hamilton! Highway 17 southbound off-ramp
- Salmar Avenue intersection could be mitigated to less than a significant impact by replacing
the existing through left turn lane with one exclusive through lane and a third exclusive left-
turn lane; installation to gantry sign; and relocation of controller cabinets and service
pedestals.
15. The purpose of the fee of $275,000 identified in the conditions of approval is to finance
mitigations to the traffic impacts associated with the project, as identified in the preceding
finding.
16. The amount of the proposed mitigation fee is proportionate to the amount of traffic generated
by the project compared to the traffic generated by other uses.
17. There is a reasonable relationship between the amount of the fee and the portion of the public
facility attributable to the development on which the fee is imposed.
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.
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 development will be compatible with the Zoning Code of the City.
4. The proposed development will not be detrimental to the health, safety or welfare of the
neighborhood or the City as a whole.
City Council Resolution
Granting an Appeal and Modifying the Planning Commission Approval
PLN2004-07 - 525 E. Hamilton Avenue - Site and Architectural Review Permit
Page 3
5. There is a reasonable relationship and a rough proportionality between the conditions of
approval and the impacts ofthe 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.
8. There is a reasonable relationship between the proposed fee's use and the type of
development project on which the fee is imposed.
9. There is a reasonable relationship between the need for the public facility and the type of
development project on which the proposed fee is imposed.
10. There is a reasonable relationship between the amount of the proposed fee and the cost of the
public facility or portion of the public facility attributable to the development on which the
fee is imposed.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission grants a Site and
Architectural Review Permit (PLN2004-07) to allow the construction of two new two-story
commercial retail buildings on property owned by Lynn A. Buzolich et al located at 525 E.
Hamilton Avenue in an C-2-S (General Commercial) Zoning District, 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
Planning Division:
1. Approved Proiect: Approval is granted to construct two new two-story commercial retail
buildings at 525 E. Hamilton Avenue. 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. Revised project plans prepared by The Bergman Companies and dated as received by the
Planning Division on April 8, 2004, demolition plan, construction plan, site plan, phasing
plan, and building elevations.
City Council Resolution
Granting an Appeal and Modifying the Planning Commission Approval
PLN2004-07 - 525 E. Hamilton Avenue - Site and Architectural Review Permit
Page 4
b. Color/material board submitted by The Bergman Companies.
c. Photometric calculations prepared by LIames Engineering, Inc. and dated as received by
the Planning Division on April 8, 2004. .
d. Proposed Landscape Plan prepared by Studio Five and dated as received by the Planning
Division on April 8, 2004.
2. Permit Expiration: The Site and Architectural Review Permit is valid for a period of one
year from the date of final approval. A building permit must be obtained within this one-year
period or the Site and Architectural Review Permit shall be void.
3. Building Elevations. Details and Colors: The applicant shall submit detailed building
elevations and exhibits depicting architectural details. Detailed elevations and exhibits shall
be reviewed by the Site and Architectural Review Committee and approved by the
Community Development Director prior to the issuance of building permits. Project details
include, but are not limited to, the following:
a. Details regarding the color and materials of the building and architectural details.
b. Window schedules for high quality windows and window treatments.
c. High quality, long lasting materials throughout the project.
d. Roof equipment screening to obscure visibility and to preserve the architectural integrity
of the buildings.
e. The loading dock screening wall for Building A (Kohl's) shall be a minimum height of
12'-0".
f. Provide additional architectural enhancements and articulation on the west elevation of
Building A (Kohl's).
4. Building B (Breuners): The 13,500 square foot basement in Building B (Breuners) shall be
used for storage purposes only. No retail or showroom display shall be allowed within the
basement area.
5. Landscape Plan: The applicant shall submit four sets of a final 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). Landscaping shall be designed to minimize
irrigation and runoff, promote surface infiltration where appropriate, and minimize the use of
fertilizers and pesticides that can contribute to stormwater pollution.
Landscaping plans shall include the following:
a. The applicant shall modify the site plan to eliminate the 20'-0" wide driveway along the
southeast property line between Building B and Highway 17 off-ramp. This area shall be
a continuous landscape area.
City Council Resolution
Granting an Appeal and Modifying the Planning Commission Approval
PLN2004-07 - 525 E. Hamilton Avenue - Site and Architectural Review Permit
Page 5
b. Fifty percent of trees planted on site shall be a minimum 24-inch boxed size and twenty-
five percent shall be 36-inch boxed tree sizes. All shrubs shall be a minimum of 5-gallon
SIze.
c. All landscaping installed as required per the approved landscape plan shall be maintained
in good health.
d. Applicant shall obtain encroachment permits from the City of Campbell for all work
performed within the right-of-way.
e. The landscape plan shall illustrate appropriate quantities and sizes of plant materials to
ensure buffering of buildings and parking areas.
f. All landscape areas shall be protected by 6-inch high poured in place concrete curbs.
g. All landscaping shall be installed prior to building occupancy.
6. Tree Protection Plan: The applicant shall submit a tree protection plan for all protected trees
to be retained on site and shall contain specific information about the preservation of the
trees during any grading or building on site. Such tree protection measures shall be installed
prior to any demolition, grading, or building on the project site. No construction or trenching
shall take place within the drip line of trees and a fence constructed of temporary cyclone
fencing or wire mesh securely attached to poles driven into the ground shall be installed
around the drip line of the tree. All trimming or branch removal from protected trees shall be
completed by a certified arborist. The tree protection plan shall be submitted to the Planning
Division for review and approval by the Community Development Director prior to the
issuance of building permits.
7. Landscape Maintenance: The owner/operator of the property shall provide on-goIng
maintenance of the required landscaping for the project.
8. Trash and Recycling Enclosure: The applicant shall submit details regarding the design and
location of a trash and recycling enclosure(s) to the Planning Division for review and
approval by the Community Development Director prior to the issuance of building permits
for the proj ect.
a. Trash Containers of a size and quantity necessary to serve the new buildings shall be in
areas approved by the Fire Department and Community Development Director.
b. Unless otherwise noted, enclosures shall consist of a concrete floor surrounded by a six-
foot high solid wall and have decorative doors and designed to be architectural
compatible to the buildings. The enclosure shall be constructed at grade level and have a
level area adjacent to the trash enclosure area to service the containers. Driveways or
aisles shall provide unobstructed access for collection vehicles and personnel and provide
at least the minimum clearance required by the collection methods and vehicles utilized
by the designated collector. The wall, gate and surface inside the enclosure must be kept
in sound repair and condition. The refuse and recycling containers shall be kept in the
enclosure at all times except when being emptied by collection personnel.
City Council Resolution
Granting an Appeal and Modifying the Planning Commission Approval
PLN2004-07 - 525 E. Hamilton Avenue - Site and Architectural Review Permit
Page 6
c. Areas around trash enclosures, recycling areas, and/or trash compactor enclosures shall
not discharge to the storm drain system. Any drains installed in or beneath dumpster and
compactor facilities shall be connected to the sanitary seWer. The applicant shall contact
the West Valley Sanitation District for specific connection and discharge requirements.
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.
a. Property owner and/or operator shall maintain a minimum of 257 compact parking
spaces, 18 handicap parking spaces, and 366 standard parking spaces on site.
b. The applicant shall modify the site plan to eliminate the 20' -0" wide driveway along the
southeast property line between Building B and Highway 17 off-ramp to be a continuous
landscape area.
c. Provide a minimum of 40 bicycle spaces in four locations on site with one enclosed
bicycle locker at each of the four locations.
10. Parking Stall Markings: The applicant shall indicate on the building plans that all compact
parking stalls are painted to identify them as compact spaces prior to the issuance of a
building permit.
11. Parking Management Plan:
A. Applicant shall provide a parking management plan, to the satisfaction of the Community
Development Department, to ensure adequate on-site parking is provided. Parking
Management Plan shall designate locations for employee parking and shall prevent
parking of off-site patrons.
B. The staff parking for late hours shall be located away from the residential uses.
12. Fences/walls: The applicant shall provide a detailed fencing plan for review and approval by
the Community Development Department, prior to the issuance of a building permit.
a. The existing chain-link fence along the northern property line shall be removed and
replaced with a ten foot masonry or pre-cast concrete wall, unless determined to be
unnecessary by the Community Development Department. The proposed masonry wall
shall be finished with plaster on both sides and textured and painted with a subtle color to
complement the building and site. Vines shall be trained to grow up the masonry wall.
b. Fencing plan shall include a perimeter fence along portions of Hamilton Avenue and
Almarida Drive frontages to limit pedestrian access to and from the parking lot from off-
site.
13. Roof Screen: Prior to issuance of building permits for the tenant improvements for the
building, submit a detailed plan for the roof screen for review and approval by the
City Council Resolution
Granting an Appeal and Modifying the Planning Commission Approval
PLN2004-07 - 525 E. Hamilton Avenue - Site and Architectural Review Permit
Page 7
Community Development Director. The roof screen shall be compatible with the overall
design of the building in terms of color and material and must completely screen the
equipment from view. The roof screen plan shall be subject to review and approval by the
Community Development Director.
14. Location of Mechanical Equipment: No roof-mounted mechanical equipment, i.e. air
conditioning units, shall be located on the roof of building without providing screening of the
mechanical equipment from public view and surrounding properties. Screening material and
method shall require review and approval by the Community Development Director prior to
installation of such mechanical equipment screening.
15. Outdoor Storage: No outdoor storage is permitted on the property. No construction
equipment, construction vehicles, and/or construction debris shall be parked and/or stored on
the property.
16. Cart Storage: No carts or cart storage are permitted outside of Building A or Building B. All
cart storage shall be contained inside the buildings. Applicant shall provide a plan or
procedure to ensure carts do not leave the premises.
17. On-site lighting: Any proposed 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 exterior lighting shall be reviewed and approved by the Community Development
Director, prior to issuance of a building permit. Lighting fixtures shall be of a decorative
design to be compatible with the development and shall incorporate energy saving features.
It is required that dual controls for the parking lot lighting as well as height and placement of
the lights shall be subject to review and approval by the Community Development Director.
18. Signs: No signage is permitted as part of the development application approved herein. New
signage shall not be installed prior to approval of a sign permit as required by Chapter 21.53
ofthe Campbell Municipal Code.
19. Operational Hours: Operational hours shall be limited to 6 a.m. to 11 p.m. daily for both
commercial retail uses, unless a conditional Use Permit is obtained from the Planning
Commission for late night operations.
20. Delivery Hours/Noise: Delivery hours shall be restricted to 8 a.m. to 8 p.m. Signing shall be
installed at service doors notifying the restriction of delivery hours.
21. Noise:
a. Noise Standard: Any noises, sounds and/or voices, including but not limited to amplified
sounds, loud speakers, sounds from microphones, audio sound systems, music and/or
public address system, generated by uses from the project not be audible to a person of
normal hearing acuity from any residential property.
City Council Resolution
Granting an Appeal and Modifying the Planning Commission Approval
PLN2004-07 - 525 E. Hamilton Avenue - Site and Architectural Review Permit
Page 8
b. Noise Management: In the event complaints are received by the City regarding noise, the
Community Development Director may immediately modify the hours of operation
and/or limit the extended hours of operation, subject to the project being brought back to
the Planning Commission for review.
22. Property Maintenance and Graffiti Removal: 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 (Section 11.201 and 11.414, 1985 Ed. Uniform
Fire Code).
The property owner shall be responsible for the removal of any graffiti from walls, fences or
structures on the project site within one week of notification by the Community Development
Director or their designate.
23. Sidewalk Maintenance: The owner/operator of the property shall provide on-going
maintenance of the sidewalks and shall pressure wash the sidewalks as necessary or as
required by the Community Development Director or Director of Public Works to remove all
spills, gum and food.
Sidewalks and parking lots shall be swept regularly to prevent the accumulation of litter and
debris. Debris resulting from pressure washing shall be trapped and collected to prevent
entry into the storm drain system. Washwater containing any cleaning agent or degreaser
shall be collected and discharged to the sanitary sewer and shall not be discharged to a storm
drain. The applicant shall contact the West Valley Sanitation District for specific connection
and discharge requirements.
24. Loading Docks:
a. Loading docks shall be covered and/or graded to minimize run-on to and runoff from the
loading area. Roof downspouts shall be positioned to direct stormwater away from the
loading area. Water from loading dock areas shall be drained to the sanitary sewer, or
diverted and collected for ultimate discharge to the sanitary sewer. The applicant shall
contact the West Valley Sanitation District for specific connection and discharge
requirements.
b. Loading dock areas draining directly to the sanitary sewer shall be equipped with a spill
control valve or equivalent device, which shall be kept closed during periods of
operation.
c. Door skirts between the trailers and the building shall be installed to prevent exposure of
loading activities to rain.
25. 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,
City Council Resolution
Granting an Appeal and Modifying the Planning Commission Approval
PLN2004-07 - 525 E. Hamilton Avenue - Site and Architectural Review Permit
Page 9
indicating the location of the facilities and screening (if the facilities are above ground) for
approval by the Community Development Director.
26. Construction Mitigation Measures: The following practices should be followed during all
phases of site preparation and construction activities:
a. Construction activities shall be limited to weekdays between 7:00 a.m. and 4:00 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. In the event
substantiated complaints are received by the City regarding noise during construction, the
Community Development Director may immediately modify the construction hours as
deemed necessary.
b. Truck routes to and from the construction site should be established and submitted to the
City for review and approval prior to issuance of a building permit. These truck routes
shall avoid access to the project site via residential streets.
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. Prior to the issuance of building permits, the project site shall be posted with the name
and contact number of the lead contractor in a location visible from the public street so
that the contractor can be made aware of noise complaints.
g. Construction equipment, vehicles, and workers associated with the development of the
project shall not be permitted to park on any residential streets.
27. Construction Staging Plan: Prior to the issuance of grading or building permits for the
project, the applicant shall submit a site plan and narrative description indicating the location,
length of time and details of construction staging. The construction staging plan shall be
subject to review and approval by the Community Development Director and the Public
Works Director.
a. Applicant shall maintain a minimum of 153 parking spaces for customers and employees
of the existing Breuners retail store to be maintained at all times during construction. The
temporary parking area shall be identified on the Construction Staging Plan.
28. 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.
29. Occupancy: The two proposed commercial retail buildings shall not be occupied at one time
unless all of the required 641 parking spaces are available.
City Council Resolution
Granting an Appeal and Modifying the Planning Commission Approval
PLN2004-07 - 525 E. Hamilton Avenue - Site and Architectural Review Permit
Page 10
30. Eco Pass: Employees of Building A (Kohl's) and Building B (Breuners) shall be provided
with Eco Passes by their employers through the Santa Clara Valley Transportation
Authority's Eco Pass Program.
Building Division:
31. Permits Required: A building permit application shall be required for each proposed new
commercial structure. The building permit shall include Electrical/Plumbing/Mechanical fees
when such work is part of the permit.
32. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of
construction plans submitted for building permit.
33. Size of Plans: The size of construction plans submitted for building permits shall be 24
inches by 36 inches.
34. 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.
35. 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.
36. 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.
37. 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. pad elevation
b. finish floor elevation (first floor)
c. foundation corner locations
38. Title 24 Energy Compliance: California Title 24 Energy 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.
39. Special Inspections: When a special inspection is required by U.B.C. Section 1701, the
architect or engineer of record shall prepare an inspection program that shall be submitted to
City Council Resolution
Granting an Appeal and Modifying the Planning Commission Approval
PLN2004-07 - 525 E. Hamilton Avenue - Site and Architectural Review Permit
Page 11
the Building Official for approval prior to issuance of the building permits, in accordance
with U.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from
the Building Inspection Division Counter.
40. Non-Point Source Pollution Control: 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" by 36") is available at the Building Division
service counter.
41. 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.
42. 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.
43. P.G.&E.: The applicant is advised to contact P.G.&E. 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. The applicant should also
consult with P.G.&E. concerning utility easements, distribution pole locations and required
conductor clearances.
44. Approvals Required: The project requires the following agency approval prior to issuance of
the building permit:
a. West Valley Sanitation District (408-378-2407)
b. Santa Clara County Fire Department (408-378-4010)
c. Bay Area Air Quality Management District (Demolitions Only)
d. School District:
1. Campbell Union School District (408-378-3405)
11. Campbell Union High School District (408-371-0960)
111. Moreland School District (408-379-1370)
IV. Cambrian School District (408-377-2103)
Note: To Determine your district, contact the offices identified above. Obtain the School
District payment form from the City Building Division, after the Division has approved
the building permit application.
45. Construction Fencing: This project shall be properly enclosed with sight obscuring chain
link or solid painted plywood 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.
City Council Resolution
Granting an Appeal and Modifying the Planning Commission Approval
PLN2004-07 - 525 E. Hamilton Avenue - Site and Architectural Review Permit
Page 12
46. Archaeological & Paleontological Resources: If archaeological or paleontological resources
are encountered during excavation or construction, construction personnel shall be instructed
to immediately suspend all activity in the immediate vicinity of the suspected resources and
the City and a licensed archeologist or paleontologist shall be contacted to evaluate the
situation. A licensed archeologist or paleontologist shall be retained to inspect the discovery
and make any necessary recommendations to evaluate the find under current CEQA
guidelines prior to the submittal of a resource mitigation plan and monitoring program to the
City for review and approval prior to the continuation of anyon-site construction activity.
47. Human Burial or Skeletal Element Discovery: In the event a human burial or skeletal
element is identified during excavation or construction, work in that location shall stop
immediately until the find can be properly treated. The City and the Santa Clara County
Coroner's office shaiI be notified. If deemed prehistoric, the Coroner's office would notify
the Native American Heritage Commission who would identify a "Most Likely Descendant
(MLD)." The archeological consultant and MLD, in conjunction with the project sponsor,
shall formulate an appropriate treatment plan for the find, which might include, but not be
limited to, respectful scientific recording and removal, being left in place, removal and
reburial on site, or elsewhere. Associated grave goods are to be treated in the same manner.
48. Design-Specific Geotechnical Analysis: Prior to issuance of building permits for the project,
a registered geotechnical engineer shall prepare a design-specific geotechnical analysis, and
all recommendations of the analysis shall be incorporated into the project's final engineering
design to minimize the damage from seismic shaking. The project sponsor shall use standard
engineering techniques and conform to the requirements of the Uniform Building Code to
reduce the potential for seismic damage and risk to future occupants.
49. Short-term Air Quality Mitigation Measures: The following practices should be followed
during all phases of site preparation and construction activities:
a. Use dust-proof chutes for loading construction debris onto trucks.
b. Water or cover stockpiles of debris, soil, and other materials that can be blown by the
wind.
c. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to
maintain at least two feet of freeboard.
d. Sweep daily (with water sweepers) all paved access roads, parking areas, and staging
areas at the construction site.
e. Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent
public streets, as directed by the City Engineer.
f. Enclose, cover, water twice daily or, or apply (non-toxic) soil stabilizers to exposed
stockpiles (dirt, sand, etc.).
g. Install erosion control measures to prevent runoff from the project site.
City Council Resolution
Granting an Appeal and Modifying the Planning Commission Approval
PLN2004-07 - 525 E. Hamilton Avenue - Site and Architectural Review Permit
Page 13
PUBLIC WORKS DEPARTMENT
50. Preliminary Title Report: Prior to issuance of any grading or building permits for the site,
the applicant shall provide a current Preliminary Title Report.
51. Right-of-Way for Public Street Purposes: Prior to issuance of any grading or building
permits for the site, the applicant shall cause additional right-of-way to be granted for public
street purposes along:
a. The Hamilton Avenue frontage to accommodate a 10- foot park strip and a 7- foot
sidewalk.
b. The Almarida Drive frontage to accommodate a 10-foot sidewalk.
c. The northeast corner of the Hamilton Avenue and Almarida Drive intersection to
accommodate the necessary turn radius for westbound traffic turning onto
Almarida Drive.
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.
52. Irrevocable Offer of Dedication for Public street Purposes: Prior to issuance of any grading
or building permits for the site, the applicant shall make an irrevocable offer of dedication in
fee simple, or other instrument acceptable to the City Attorney and Caltrans, at no cost to the
City, additional right-of-way for public street purposes along the Highway 17 off-ramp
frontage to accommodate a future additional traffic lane on the off ramp. 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.
53. 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 property is adjacent to California department of Transportation (Caltrans) property and
facilities. Coordination and/or permits from Caltrans may be required for the applicant. The
plans shall include the following:
Hamilton Avenue
a. Removal of existing sidewalk, curb and gutter as necessary.
b. Installation of new modified Streetscape Standards including a 7 foot sidewalk, 10 foot
landscaped park strip, curb, gutter, including City approved street trees at approximately
30 feet on center, and irrigation.
c. Removal of existing curb ramp at northeast comer of E. Hamilton Avenue and Almarida
Drive.
d. Protection of two existing redwood trees.
City Council Resolution
Granting an Appeal and Modifying the Planning Commission Approval
PLN2004-07 - 525 E. Hamilton Avenue - Site and Architectural Review Permit
Page 14
e. Removal and disposal of existing substandard streetlight and installation of a new
streetlight, including conductors, conduits, and related facilities in accordance with the
City of Campbell's Street Lighting Policies.
f. Replacement of existing underground utilities, signal interconnect conduits and
conductors, street lighting conduits and conductors, and protection of PG&E, SBC, and
Comcast facilities.
g. Installation of ADA compliant curb ramp at the northeast corner of E. Hamilton Avenue
and Almarida Drive.
h. Removal and/or installation of California Department of Transportation's required street
improvements.
1. Construction of conforms to existing public and private improvements, as necessary.
Almarida Drive
a. Removal of existing driveway approaches, sidewalk, curb and gutter.
b. Installation of City standard curb, gutter, 10-foot commercial sidewalk and ADA
compliant driveway approaches.
c. Installation of City approved street trees, tree wells and irrigation at 30 feet on center.
d. Modification of the Almarida Avenue and Hamilton Avenue intersection to add an
additional southbound left turn lane on Almarida Avenue; and an additional westbound
right turn pocket or lane on Hamilton Avenue including signing, striping, signal pole
relocation, signal modification and right-of-way dedication necessary to accommodate
the improvements, as determined by the City Engineer.
e. Installation of slurry seal for entire street width of Almarida Drive, from Hamilton
Avenue to David Avenue, as determined by the City Engineer.
f. Installation of traffic control, stripes, signs and on street parking, as determined by the
City Engineer. Applicant to provide a detailed striping/re-striping plan
g. Construction of conforms to existing public and private improvements, as necessary.
Neighborhood Traffic Management Measures
a. Install right turn restriction signs facing outbound project traffic on project site at all
driveways.
b. Install through truck restriction sign facing NB Almarida Drive at David Avenue.
c. Install left turn restriction signs facing outbound traffic from 499 E. Hamilton Avenue at
both driveways on Almarida Drive.
d. Replace two existing speed tables on Almarida Drive with three new speed humps, with
associated signage, that will align better with the project site's driveways.
54. Occupancy: Prior to allowing occupancy for any and/or all buildings, the applicant shall have
the required street improvements installed and accepted by the City.
55. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer
c1eanout(s) shall be relocated or installed on private property behind the public right-of-way
line.
City Council Resolution
Granting an Appeal and Modifying the Planning Commission Approval
PLN2004-07 - 525 E. Hamilton Avenue - Site and Architectural Review Permit
Page 15
56. Traffic Mitigation: Prior to issuance of any grading or building permits for the site, the
applicant shall contribute $275,000 toward improvements to Hamilton Avenue/Salmar
Avenue/Highway 17 Southbound Off-ramp. Improvements include off-ramp modifications to
replace existing shared through-left lane with one exclusive through lane and a third
exclusive left-turn lane; installation of gantry sign; relocation of controller cabinets and
service pedestal.
57. Utilities: All 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.
58. 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 that 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.
59. 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.
60. 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
$21,000.00.
61. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building
permits, the applicant shall comply with the National Pollution Discharge Elimination
System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and
the Campbell Municipal Code regarding stormwater pollution prevention. Specifically the
project must include source control, site design and treatment measures to achieve
compliance with Provision C.3. of the NPDES Permit. Measures may include, but are not
limited to, minimization of impervious surface area, vegetated swales, infiltration areas, and
treatment devices. The primary objectives are to improve the quality and reduce the quantity
of stormwater runoff to the bay.
Resources to achieve these objectives include Stormwater Best Management Practices
Handbook for New (CASQA), 2003; Start at the Source: A Design Guidance Manual for
Storm water 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
Granting an Appeal and Modifying the Planning Commission Approval
PLN2004-07 - 525 E. Hamilton Avenue - Site and Architectural Review Permit
Page 16
62. Operation and Maintenance of Stormwater Pollution Prevention Measures: Prior to
recordation of the final map, the applicant shall execute an agreement and provide security
for the operation and maintenance of stormwater pollution prevention measures installed or
provided as a part ofthis project.
63. State Construction General Permit: Prior to issuance of any grading or building permits, the
applicant shall comply with the State Construction General Permit requirements including
paying fees, filing a Notice of Intent and providing a Storm Water Pollution Prevention Plan
(SWPPP). The applicant shall provide the City with a copy of the filed Notice of Intent and
SWPPP.
FIRE DEPARTMENT
64. Formal Plan Review: Review of this development proposal is limited to accessibility of site
access and water supply as they pertain to fire department operations, and shall not be
construed as a substitute for formal plan review to determine compliance with adopted model
codes. Prior to performing any work the applicant shall make application to, and receive
from, the Building Division all applicable construction permits.
65. Required Fire Flow: The fire flow for this project is 5,750 gpm at 20 psi residual pressure.
As an automatic fire sprinkler system will be installed, the fire flow has been reduced by
50% establishing a required adiusted fire flow of 2,875 gpm at 20 psi residual pressure. The
adjusted fire flow is not yet verified* to be available from area water mains and fire
hydrant(s) which are spaced at the required spacing. (*) See item #76 below
66. Automatic Fire Sprinkler System Required: Buildings requiring a fire flow in excess of2,000
GPM or, in excess of two stories or 35 feet in height, shall be protected throughout by an
automatic fire sprinkler system, hydraulically designed per National Fire Protection
Association (NFP A) Standard #13. The system installation shall commence at the start of
framing, and progress by level accordingly.
67. Fire Hydrant(s) Required: Provide public fire hydrant(s) at a location(s) to be determined by
the Fire Department and San Jose Water Company. Hydrant(s) shall have a minimum single
flow of 1,500 GPM at 20 psi residual, with spacing not to exceed 250 feet. Prior to applying
for building permit, provide civil drawings reflecting all fire hydrants serving the site. To
prevent building permit delays, the developer shall pay all required fees to the water
company as soon as possible.
68. On-Site Private Fire Hydrant(s) Required: Installation of private fire service mains and/or
fire hydrant(s) shall conform to National Fire Protection Association (NFP A) Standard #24,
and Fire Department Standard Details and Specification W -2. If the supply piping is
"combined" (sprinkler system & hydrants), a U.L. approved 4-way FDC shall be provided. A
Separate installation permit from the fire department is required.
City Council Resolution
Granting an Appeal and Modifying the Planning Commission Approval
PLN2004-07 - 525 E. Hamilton Avenue - Site and Architectural Review Permit
Page 17
69. Timing of Required Water Supply Installations: Installation of required fire service(s) and
fire hydrant(s) shall be tested and accepted by the Fire Department prior to the start of
framing or delivery of bulk combustible materials. Building permit issuance may be
withheld until installations required installations are completed, tested and accepted.
70. Hose Valves Required: Buildings, where emergency access has been deemed minimal, shall
be equipped with standpipes equipped with 2 Y2 inch hose valves, located within the stair
enc1osure(s). Note specifically, for the basement area of the New Breuners store. This
requirement may be applied depending upon future plan submittals and consideration.
71. Fire Hydrant Location Identifier: Prior to project final inspection, the general contractor
shall ensure that an approved "Blue Dot" fire hydrant location identifier has been placed in
the roadway, as directed by the Fire Department.
72. Fire Apparatus (Engine) Access Roads Required: Provide access roadways with a paved all
weather surface, a minimum unobstructed width of 20 feet, vertical clearance of 13 feet 6
inches, minimum circulation turning radius of 36 feet outside and 23 feet inside, and a
maximum slope of 15%. Installations shall conform with Fire Department Standard Details
and Specifications sheet A-I.
73. Fire Department (Engine) Roadway Turn-around Required: If appropriate*, provide an
approved fire department engine roadway turnaround with a minimum radius of 36 feet
outside and 23 feet inside. Installations shall conform with Fire department Standard Details
and Specification sheet A-I. (*) See item #75below.
74. Fire Lane Marking Required: Provide marking for all roadways within the project.
Markings shall be per fire department specifications. Installations shall also conform to
Local Government Standards and Fire Department Standard Details and Specifications A-6.
75. Fire Department Key Box Required: Each building shall be equipped with a permanently
installed emergency access key lock box (Knox), conforming to Fire Department Standard
Detail and Specification Sheet K-l. At time of final inspection, access keys shall be
provided to the Fire Department.
76. Timing of Required Roadway Installations: Required access roads, up through first lift of
asphalt, shall be installed and accepted by the Fire Department prior to the start of
construction. Bulk combustible materials shall not be delivered to the site until installation is
complete. During construction, emergency access roads shall be maintained clear and
unimpeded. Note that building permit issuance may be withheld until installations are
completed.
77. Premises Identification: Approved numbers or addresses shall be placed on all new and
existing buildings in such a position as to be plainly visible and legible from the street or
road fronting the property. Numbers shall contrast with their backgrounds.
City Council Resolution
Granting an Appeal and Modifying the Planning Commission Approval
PLN2004-07 - 525 E. Hamilton Avenue - Site and Architectural Review Permit
Page 18
78. Prior to Building Department approval, the Architect shall reflect compliance with exiting,
occupancy or area separations and fire alarm provisions as identified in the 2001 California
Building and Fire Codes as may be appropriate for the project.
79. The proposed phased method of the project shall in no way impair the existing fire
suppression coverage to the site either during or upon completion of construction. On-site
fire hydrant(s) and fire sprinkler system(s) shall either be maintained or extended to maintain
the desired coverage during course of construction.
80. The proposed phased method of the project shall in no way impair the existing fire
department access throughout the entire property. Access to all portions of the buildings
shall be maintained both during and upon completion of construction either by full, site
circulation or by 150' of reach from fire apparatus roadways.
81. The size of the proposed buildings may merit the consideration of specialized fire protection
systems and delivery methods. The developer's fire protection consultant is encourage to
contact this office at their earliest convenience to discuss fire hydrant and fire service
placement and installation procedures. The developer is likewise encouraged to contact Mr.
Jim Bariteau of the San Jose water Company to discuss water service to the project.
82. As noted in comment #60 above, the fire flow has been established at 5,750 gpm at 20 psi
residual pressure based upon Type V-I hour rated construction. The developer should please
note that should there be any intention to request a reduced construction type based upon fire
sprinkler installation, the required fire flow for non-rated construction is not available at the
site per our records.
83. As the project progresses to building permit stage, the developer is requested to make contact
with the fire department to address a fire safety plan during the course of construction to
include, emergency access, water supply, staging of the construction materials, project time
lines and the maintenance or installation of temporary fire protection elements.
PASSED AND ADOPTED this
vote:
4th day of
May
, 2004, by the following roll call
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
APPRO~~
. onald R. Burr, Mayor"
A TIES T: a-. ¿$,tu ^--
AÌÍI1e Bybee, City Clerk
Watson, Kennedy, Burr
Furtado
None
Dean