PC Res 2767RESOLUTION NO. 2767
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL, CALIFORNIA, RECOMMENDING
APPROVAL OF A PLANNED DEVELOPMENT PERMIT, PLANS,
ELEVATIONS, DEVELOPMENT SCHEDULE, AND CONDITIONS
OF APPROVAL TO ALLOW A 15,000 SQUARE FOOT RETAIL
CENTER AND A 4,000 SQUARE FOOT FAST-FOOD
RESTAURANT, ON PROPERTY LOCATED AT 3101 SOUTH
WINCHESTER BOULEVARD, IN A PD (PLANNED
DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR.
BRUCE BOWEN, ON BEHALF OF AINSLEY DEVELOPMENT
COMPANY, INC., FILE NO. PD 90-08.
After notification and Public Hearing as specified by law on the application of
Mr. Bruce Bowen, on behalf of Ainsley Development Company, Inc., for
approval of a Planned Development, plans, elevations, and development
schedule to allow a 15,000 square foot retail center and a 4,000 fast food
restaurant, on property located at 3101 South Winchester Boulevard, in a PD
(Planned Development) Zoning District; and, after presentation by the
Planning Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the Planning Commission
did find as follows with regard to File No. PD 90-08:
The Planned Development Permit results in a greater control of the
development, thereby enhancing the overall site layout and architectural
design;
2. The project provides adequate parking spaces to meet the anticipated
demand;
3. The project provides twenty-six percent (26%) landscaping;
4. The project will consist of 15,000 square feet of retail space and 4,000 square
feet of office space;
5. The project is located at the southwest corner of Winchester Boulevard, a
major arterial, and Hacienda Avenue;
e
The project is surrounded by offices to the south, residential
condominiums on the west, a restaurant and gasoline station across
Hacienda Avenue, and industrial buildings across Winchester Boulevard;
7. The project will reduce existing ambient or background noise levels near
the adjacent residential parcels;
8. An eight foot soundwall will be installed along the western and southern
property line;
o
Trash collection could exceed L10 noise levels, but this potential will be
mitigated by relocation of one trash enclosure to the center of the site; and
limiting collection to daytime hours;
10. Winchester Boulevard and Hacienda Avenue are sufficient size to carry
the traffic generated by the project, and left turn pockets will be installed
on Hacienda for traffic exiting the site and preceding westbound. A
channelization line will also be installed on Winchester Boulevard,
allowing left turns into the site, with barriers preventing left turns out of
the site;
11. The current percolation pond is not functioning near normal capacity; and
as a condition of approval, a new pond will be provided on Sunnyoaks
Avenue;
12. Infill of the project site will not adversely affect adjacent properties; and
13. The percolation pond site provides minimal wildlife habitat.
Based upon the foregoing findings of fact, the Planning Commission further
finds and concludes that:
The proposed development and uses clearly would result in a more
desirable environment and use of land than would be possible under any
other zoning classification.
The development and uses would be compatible with the General Plan of
the City and will aid in the harmonious development of the immediate
area; and,
3. The proposed development would not be detrimental to the health, safety,
or welfare of the neighborhood or of the City as a whole.
Based upon the above findings, the Planning Commission recommends
approval of the plans, elevations, development schedule, and conditions of
approval as presented; and, further recommends that the City Council
approve a Planned Development Permit and enact the attached Ordinance
adopting said plans, elevations, development schedule, and conditions of
approval for that portion of the above-referenced Planned Development
District.
PASSED AND ADOPTED this 3rd day of September 1991, by the following roll
call vote:
AYES:
NOES:
ABSENT:
Commissioners: Alne, Higgins, Fox, Perrine, Wilkinson,
Dougherty, Meyer-Kennedy
Commissioners: None
Commissioners: None
ATTEST:
APPROVED:
Steve Piasecki
Secretary
[ane Meyer-Kennedy
EXHIBIT B
Development Schedule
HLE NO. PD 90-08
APPLICANT: BRUCE BOWEN
SITE ADDRESS: 3101 SOUTH WINCHESTER BOULEVARD
P.C. MEETING DATE: JULY 23, 1991
1. Construction to begin within one year of final approval.
2. Construction to be complete within one year of starting date.
NOTE: Above Development Schedule is a standard used by the Planning
Department when applicant has not submitted a schedule for his project.
CONDITIONS OF AP~ ~ VAL FOR
FILE NO. GP 90-04/ZC 90-13/PD 90-08
SITE ADDRESS: 3101 S. WINCHESTER BOULEVARD
APPLICANT: BRUCE BOWEN
PC MTG: JULY 23, 1991
EXHIBIT C
The applicant is hereby notified, as part of this application, that he/she is required
to meet the following conditions in accordance with the Ordinances of the City of
Campbell and the State of California. The lead department with which at the
applicant will work is identified on each condition. 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.
SITE AND BUILDING DESIGN
1. Approved Project: Approval is granted to construct a 15,000 square foot retail
center, and a 4,000 square foot fast-food restaurant (no drive-through service)
on a 1.9 acre site, identified as Assessors Parcel Number 406-21-014.
Development shall be substantially as shown on the project material listed
below, except for additional landscaping replacing the drive-through area.
Project drawings for Winchester Boulevard/Hacienda Avenue retail
center proposed by Hagman Associates consisting of 4 sheets, dated by the
Planning Department on January 4, 1991, subject to additional
landscaping replacing the drive-through area.
b. Perspective drawing, dated January 15, 1990.
Co
Use shall be limited to those uses permitted in a C-1 (Neighborhood
Commercial) Zoning District. Auto repair uses are prohibited. A
separate Use Permit review by the Planning Commission of the
operational characteristics of the restaurant use, is required.
Bus Duckout: Revised site plans indicating a bus duckout along Winchester
Boulevard frontage, in accordance with Santa Clara County Transit Authority
standards. (Planning)
o
Trellis Element: Revised landscaping plan indicating a trellis element at the
rear of the building, and shall meet all building code requirements.
(Planning)
o
Revised Site Plan: Applicant to submit a revised site plan indicating the
elimination of the drive-through area, and replacement with landscaping.
(Planning)
o
Fencing Plan: Fencing plan indicating location and design details for an 8 foot
high soundwall along the western/southern property line and removing
existing fencing in the 25 foot setback area on Winchester Boulevard. Plans to
be submitted to the Planning department and approved by the Architectural
Review Committee prior to issuance of a building permit.
CONDITIONS OF A, .4OVAL FOR
FILE NO. GP 90-04/ZC 90-13/PD 90-08
SITE ADDRESS: 3101 S. WINCHESTER BOULEVARD
APPLICANT: BRUCE BOWEN
PC MTG: JULY 23, 1991
page 2
PG&E Transformer Boxes: Applicant to submit a plan to the Planning
Department, prior to installation of PG&E utility (transformer) boxes,
indicating the location of the boxes and screening (if boxes are above ground)
for approval by the Planning Director.
o
Mechanical Equipment: All mechanical equipment on roofs and all utility
meters to be screened and approved by the Planning Director. Valving
necessary to connect Water District properties shall not be visible to the
center.
Architecture, Color Palette/Materials Board: Architectural elements, color
palette and materials board shall be submitted to the Planning Department
and approved by the Site and Architectural Review Committee, prior to
issuance of building permits.
Building Materials: Building materials shall consist of wood siding, with
brick trim, and a metal mansard roof as indicated on the elevations.
10.
Driveway Relocation: Relocate driveway on Hacienda to 60 feet from westerly
property line. Restripe Hacienda Avenue between Winchester Boulevard
and Walnut Drive, as directed by the City Engineer. (Public Works)
LANDSCAPING
11. Landscaping Plan: Landscaping plan indicating the type and size of plant
material and details of the irrigation system shall be submitted to the
Planning Department for review and approval, prior to issuance of building
permits.
a. All trees shall be a minimum of 24 inch box container size.
b. All shrubs shall be a minimum of 5 gallon container size.
Drive-through area, previously shown on site plan, shall be replaced
with a combination of ground cover, shrubs, and trees.
12.
Landscaping in Public-Right-Way: Provide plans for landscaping and
irrigation within the pubic right-of-way to Public Works for approval. All
landscaping and irrigation within the public right-of-way shall be installed
and maintained by the development. (Public Works)
CONDITIONS OF A~. ROVAL FOR
FILE NO. GP 90-04/ZC 90-13/PD 90-08
SITE ADDRESS: 3101 S. WINCHESTER BOULEVARD
APPLICANT: BRUCE BOWEN
PC MTG: JULY 23, 1991
page 3
13.
Water Efficient Landscape Standards: The final landscape and irrigation plan
shall comply with the City's Water Efficient Landscape Standards (WELS). A
WELS checklist shall be submitted with the final landscape plan. (Planning)
14.
Irrigation System: Landscaping plan indicating type and size of plant
material, and the location of irrigation system to be submitted to the Planning
Department including a 10 foot wide landscaping strip along a portion of the
western property line abutting the townhomes as redlined and approved by
the Site and Architectural Review Committee, prior to issuance of a building
permit.
15.
Bond or Agreement: Applicant to either (1) post a faithful performance bond
in the amount of $5000 to ensure landscaping, fencing, and striping of parking
areas within 3 months of completion of construction; or (2) file written
agreement to complete landscaping, fencing, and striping of parking areas.
Bond or agreement to be filed with the Planning Department prior to
application for a building permit.
STREET AND SITE IMPROVEMENTS
16. Parking and Driveways: All parking and driveway areas to be developed in
compliance with Chapter 21.50 of the Campbell Municipal Code. All parking
spaces to be provided with appropriate concrete curbs or bumper guards.
17.
Signs: Sign application to be submitted in accordance with provisions of the
Sign Ordinance for all signs. No sign to be installed until application is
approved and permit issued by Planning and Building Departments (Section
21.53 of the Campbell Municipal Code).
18.
Soils and Geologic Report: A soils and geologic report shall be submitted to
the Planning and Public Works Departments for review and approval, prior
to issuance of building or grading permits. The soil will be checked
periodically for subsidence of water impacting the residents along Camden
Avenue and Winchester Boulevard and caused directly by the removal of the
percolation pond. The potential for off-site subsidence on the adjacent parcels
due to elimination of the percolation pond shall be evaluated in the project
specific soils and geologic report.
19. Soil Clearance: Soil clearance from Fire Department and County Health
Department. (Building)
20. Grading and Drainage Plans: Provide five copies of grading and drainage
plans for review by the City Engineer.
CONDITIONS OF AI-. ,<OVAL FOR FILE NO. GP 90-04/Z,_ 90-13/PD 90-08
SITE ADDRESS: 3101 S. WINCHESTER BOULEVARD
APPLICANT: BRUCE BOWEN
PC MTG: JULY 23, 1991
page 4
21.
3°
27.
30.
31.
32.
Bus Duckout and Shelter: Dedicate additional right of way, to construct a bus
duckout and shelter, as directed by the City Engineer, in accordance with
Transit District standards.
Lighting Plan: The applicant shall submit details of the location and type of
all on-site lighting for review and approval by the Planning Director, prior to
issuance of building permits.
Street Dedication: Dedicate additional land to widen Hacienda Avenue to 52
feet from center, Winchester Boulevard to 47 feet from center.
Street Improvements: Install standard street improvements on Winchester
and Hacienda.
Future Improvements: Construct standard street improvements along the
frontage of 481 Hacienda Avenue, in conjunction with street improvements
for the development. Developer may request a cost sharing agreement with
the City for the cost of the 481 frontage improvements. (Public Works)
Encroachment Permit: Obtain an excavation permit, pay fees and post surety
for all improvements within the public right-of-way.
Median Island/Access: The applicant shall construct a median island as
illustrated on the plans providing left turn access into the site from
Winchester Boulevard. The Hacienda driveway shall be designed to provide
adequate ingress and egress to the site. Left turns into the site from
westbound traffic on the Hacienda Avenue will be allowed. A Safety Pocket
shall be constructed on Hacienda Avenue. All improvements shall be
conducted as directed by the City Engineer. (Public Works)
Sanitation District: Obtain clearance from Sanitation District to determine if
lines will accept discharge. (Building)
Storm Drain System: Show details for on site storm system. (Building)
Storm Drain Fee: Pay storm drain area fee of $2,250 per acre.
Concurrence of Santa Clara Valley Water District: Provide evidence of plan
approval by Santa Clara Valley Water District.
Construction Mitigation Measures:
a. Hours of construction shall be limited to 8 a.m. to 5 p.m. Monday -
Friday.
CONDITIONS OF APPROVAL FOR
FILE NO. GP 90-04/ZC 90-13/PD 90-08
SITE ADDRESS: 3101 S. WINCHESTER BOULEVARD
APPLICANT: BRUCE BOWEN
PC MTG: JULY 23, 1991
page 5
bo
The construction site shall be sprinkled with water as necessary, but not
less than twice per day, to control dust.
c. Haul Trucks and material stockpiles shall be covered.
de
The construction area and surrounding streets shall be swept as
necessary, but not less than once daily. (Planning)
UTILITIES
33. Utilities: Transformers shall be located as indicated. Alternative location
shall include landscaping to adequately screen apparatus from public streets.
34. Underground Utilities: Underground utilities to be provided as required by
Section No. 20.36.150 of the Campbell Municipal Code.
35.
Underground Utility Locations: Plans submitted to the Building Department
for a plan check shall indicate dearly the location of all connections for
underground utilities including water, sewer, electric, telephone and
television cables, etc.
36. Building Occupancy: Building occupancy will not be allowed until public
improvements are installed.
PROPERTY MANAGEMENT
37. Garbage: Ordinance No. 782 of the Campbell Municipal Code stipulates that
any contract for the collection and disposal of refuse, garbage, wet garbage and
rubbish produced within the limits of the City of Campbell shall be made with
Green Valley Disposal Company. This requirement applies to all single-
family dwellings, multiple apartment units, to all commercial, business,
industrial, manufacturing, and construction establishments.
38. Trash Collection: Hours for the collection of garage shall be reviewed by the
Planning Director. Trash collection hours shall be limited to daytime hours
(after 7:00 a.m.) to comply with noise level standards specified in the General
Plan.
39. Hours of Operation: Operation of any business within the subject center shall
be limited between the hours of 6:00 a.m., and 11:00 p.m., daily.
40.
Trash Containers: Trash containers of a size and quantity necessary to serve
the development shall be located in the areas approved by the Fire
Department. Unless otherwise noted, enclosures shall consist of a concrete
floor surrounded by a solid wall or fence and have self-closing doors of a size
specified by the ~ .,'e Department. All enclosures to bt constructed grade level
CONDITIONS OF APPROVAL FOR FILE NO. GP 90-04/ZC 90-13/PD 90-08
SITE ADDRESS: 3101 $. WINCHESTER BOULEVARD
APPLICANT: BRUCE BOWEN
PC MTG: JULY 23, 1991
page 6
and have a level area adjacent to the trash enclosure area to service these
containers.
41.
Property Maintenance: The property is to be maintained free of any
combustible trash, debris and weeds, unit the time that actual construction
commences. (Section 11.201 & 11.414, 1985 Ed. Uniform Fire Code). (Fire)
42. Retaining Walls: Retaining walls at property lines are limited to a height of
15 inches if constructed of wood. (Building~
PUBLIC SAFETY/WELFARE
43. Noise Report: The applicant shall provide a noise evaluation of all
mechanical equipment and demonstrate that noise levels can be reduced
below the ambient noise level measured on the residential side of the
westerly property line. The noise report shall be reviewed by the Planning
Director.
4°
Handicapped Requirements: Applicant shall comply with all appropriate
State and City requirements for the handicapped. Handicapped parking so
located that a handicapped person is not compelled to wheel behind parked
cars other than their own. Primary entrance(s) handicapped accessible.
45. Fire Sprinklers: The 14,000 square foot retail center shall be fully automatic
fire sprinklered, meeting NFPA #13 requirements. (Fire)
Occupancy Requirements: The 4,000 square foot fast-food restaurant shall
comply with all requirements for A-3 occupancy use at time of plans review.
(Fire)
47.
Alley Access: Public access to the separation between the retail building and
the soundwall located along the property line shall be prohibited through
installation of a gate. Emergency access locks shall be installed to permit
access by public safety personnel. (Planning/Fire)
48. Dumpster Enclosure: Provide fire sprinkler protection to dumpster enclosure
within five (5) feet of any building or combustible roof overhang. (Fire)
49. Code Requirements: Comply with current adopted Codes and State Title 24
law. (Building)
50. County Health Department Clearance: Obtain clearance from County Health
Department. (Building)
CONDITIONS OF APPROVAL FOR
FILE NO. GP 90-04/ZC 90-13/PD 90-08
SITE ADDRESS: 3010 S. WINCHESTER BOULEVARD
APPLICANT: BRUCE BOWEN
PC MTG: JULY 23, 1991
page 7
51.
Fire Walls: West and southwest property line walls must be a minimum of 1
hour fire resistive constriction, with no openings. Parapets required these
locations. UBC Table 5A. (Building)
52.
Storage Areas: Storage areas in excess of 3,000 square feet require one hour
occupancy separation (V-sprinklered) from retail areas. UBC 702 (b).
(Building)
PERCOLATION POND
53. Percolation Pond: Applicant to supply an agreement satisfactory to the City
Attorney, ensuring relocation of the percolation pond.