PC Res 2728RESOLUTION NO. 2728
PLANNING COMMISSION
BEING A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CAMPBELL 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 400 SQUARE FOOT FAST-FOOD DRIVE-THROUGH RESTAURANT,
ON PROPERTY LOCATED AT THE SOUTHWEST CORNER OF HACIENDA
AVENUE AND WINCHESTER BOULEVARD (3101 SOUTH WINCHESTER
BOULEVARD) ZONING DISTRICT IN A PD (PLANNED DEVELOPMENT)
ZONING DISTRICT. APPLICATION OF MR. BRUCE BOWEN, FILE NO.
PD 90-08
After notification and Public Hearing as specified by law on the
application of Mr. Bruce Bowen, for approval of a Planned Development
Permit, plans, elevations, and development schedule to allow the
construction of a 15,000 square foot retail center and a 400 square foot
fast-food, drive-through restaurant, on property located at the southwest
corner of Hacienda Avenue and 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:
The Planned Development Permit results in a greater control of the
development, thereby enhancing the overall site layout and
architectural design.
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 the land than would be possible
under any other zoning classification; and
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.
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 Resolution
adopting said plans, elevations, development schedule, and conditions of
approval for that portion of the above-referenced Planned Development
Zoning District.
Resolution No. 2728 adopted by
the Planning Commission on February 12, 1991
page two
PASSED AND ADOPTED this 12th day of February 1991, by the following roll
call vote:
AYES:
NOES:
ABSENT:
Commissioners:
Commissioners:
Commissioners:
Alne, Perrine, Wilkinson, Dougherty
Meyer-Kennedy
None
Fox and Higgins
APPROVED:
Jane P. Meyer-Kennedy
Chairperson
ATTEST:
Steve Piasecki
Secretary
ORDINANCE NO.
BEING AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CAMPBELL APPROVING A PLANNED
DEVELOPMENT PERMIT, PLANS, ELEVATIONS, DEVELOPMENT
SCHEDULE, AND CONDITIONS OF APPROVAL TO ALLOW THE
CONSTRUCTION OF A 15,000 SQUARE FOOT RETAIL CENTER AND A
4000 SQUARE FOOT FAST-FOOD, DRIVE-THROUGH RESTAURANT, ON
PROPERTY LOCATED AT THE SOUTHWEST CORNER OF HACIENDA
AVENUE AND WINCHESTER BOULEVARD (3101 SOUTH WINCHESTER
BOULEVARD), IN A PD (PLANNED DEVELOPMENT) ZONING
DISTRICT· APPLICATION OF MR. BRUCE BOWEN, FILE NO. PD
90-08.
After notification and Public Hearing as specified by law on the
application of Mr. Bruce Bowen, for approval of a Planned Development
Permit, plans, elevations, and development schedule to allow the
construction of a 15,000 square foot retail center and a 4000 square foot
fast-food, drive-through restaurant, on property located the southwest
corner of Hacienda Avenue and Winchester Boulevard (3101 South Winchester
Boulevard), in a PD (Planned Development) Zoning District; and, after
presentation by the City Staff, proponents and opponents, the hearing was
closed.
After due consideration of all evidence presented, the City Council did
find as follows:
The Planned Development Permit results in a greater control of the
development, thereby enhancing the overall site layout and
architectural design.
Based upon the foregoing findings the City Council 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; and,
The development and uses would be compatible with the General Plan
of the City and Will aid in the harmonious development of the
immediate areas.
Based upon the above findings, the City Council approves the Permit by
adopting the attached Exhibit A, entitled Plans and Elevations; Exhibit
B, entitled Development Schedule; Exhibit C, entitled Map of Said
Property; and Exhibit D, entitled Conditions of Approval, as per the
application of Mr. Bruce Bowen, for plans, elevations, and development
schedule to allow construction of a 15,000 square foot retail center and
a 4000 square foot fast-food restaurant, in a Planned Development Zoning
District. Copies of Said Exhibits are on file in the Planning
Department.
Ordinance No.
page two
PASSED AND ADOPTED this 5th day of February 1991, by the following roll
call vote:
AYES:
NOES:
ABSENT:
Councilmembers:
Councilmembers:
Councilmembers:
ATTEST:
APPROVED:
Barbara Olsasky, City Clerk
Michael F. Kotowski, Mayor
i
STANDARD DEVELOPMENT SCHEDULE
FILE NO:
APPLICANT:
SITE ADDRESS:
GP 90-04/ZC 90-13/PD 90-08
Mr. Bruce Bowen, on behalf of Ainsley Development, Inc.
Southwest corner of Hacienda Avenue and Winchester
Boulevard (3101 South Winchester Boulevard
Construction to begin within one year of final approval.
Construction to be Completed within one year of starting date.
NOTE: Above Development Schedule is a standard used by the Planning
Department when applicant has not submitted a schedule for his project.
WoJdo
U
I I
EXHIBIT C - Map of Said Property
~:IEKDA
AVe.
AVE.
S. Winchester
Ainsley Developmen
GP 90-04; ZC 90-13'
PD 90-08
HACIENDA
Ave.
INDUS'Y
SCHOOl.
~rr
Ave.
£/63
Hearing before the Planning
Commission on February 12, 1991,
adopted Resolution No. 2728, recommendinE
approval of PD 90-08, 5-0-2, absent
Fox and Higgins
CONDITIONS OF APPROVAL - FILE NO. GP 90-04/ZC 90-13/PD 90-08
SITE ADDRESS: 3101 SOUTH WINCHESTER BOULEVARD
APPLICANT: BRUCE BOWEN
PC MTG: 2/12/91
EXHIBIT D
1. ~evised Site Plan - Revised site plan indicating: (1) Shifting
retail building toward Hacienda Avenue; (2) Create a 25' setback of the
building on Winchester Boulevard; (3) Adjustment of parking spaces to
accommodate changes, and other revisions as redlined; and, (4) Shifting
of the restaurant building southerly to accommodate parkway concept
landscaping and provide adequate radius for turning movements from the
Hacienda driveway - to be submitted to the Planning Department and
approved by the Site and Architectural Review Committee prior to
application for a building permit.
Landscaping Plan - Landscaping plan indicating type and size of
plant material, and location of irrigation system to be submitted to
the Planning Department including a 10' 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
and/or Planning Commission prior to issuance of a building permit.
Fencing Plan - Fencing plan indicating location and design details
for an 8' foot high split block face concrete wall along the western
property line and removal of the existing fencing in the 25' setback
area on Winchester Blvd. be submitted to the Planning Department and
approved by the Planning Director prior to issuance of a building
permit.
Bond or Agreement - Applicant to either (1) post a faithful
performance bond in the amount of $5,000 to insure landscaping,
fencing, and striping of parking areas within 3 months of completion
of construction; or (2) file written agreement to complete
landscaping, fencing, and striping of parking areas. Bond or
agreement to be filed with the Planning Department prior to
application for a building permit.
0
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 of the Planning Director.
CONDITIONS OF A~PROVAL - FILE ~ GP 90-04/ZC 90-13/PD 90-08
SITE ADDRESS: 3101 S. Winchester Blvd.
APPLICANT: Bruce Bowen
PC M TG DATE: 2/12/91
PAGE 2
0
10.
11.
12.
13.
14.
Transformer Loca%~O~ - Transformer shall be located as indicated
and screened for an alternative location shall include
landscaping to adequately screen any apparatus from public
streets.
Mechanical Equipment - All mechanical equipment on roofs and all
utility meters to be screened as approved by the Planning
Director. Valving necessary to connect Water District
properties shall not be visible to the center.
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 on the westerly side of
the westerly property line. The drive through window speaker
shall not be audible on the residential side of the westerly
property line. The noise report shall be reviewed by the
Planning Commission.
Building OccuDancv - Building occupancy will not be allowed
until public improvements are installed.
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.
Underground Utilities - Underground utilities to be provided as
required by Section 20.36.150 of the Campbell Municipal Code.
Underground Utility Locations - Plans submitted to the Building
Department for plan check shall indicate clearly the location of
all connections for underground utilities including water,
sewer, electric, telephone and television cables, etc.
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).
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.
CONDITIONS OF APPROVAL - FILE ~ GP 90-04/ZC 90-13/PD 90-08
SITE ADDRESS: 3101 S. Winchester Blvd.
APPLICANT: Bruce Bowen
PC MTG DATE: 2/12/91
PAGE 3
15.
16.
17.
18.
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.
Trash Containers - Trash container(s) of a size and quantity
necessary to serve the development shall be located in area(s)
approved by the Fire Department. Unless otherwise noted,
enclosure(s) shall consist of a concrete floor surrounded by a
solid wall or fence and have self-closing doors of a size
specified by the Fire Department. All enclosures to be
constructed at grade level and have a level area adjacent to the
trash enclosure area to service these containers.
Handicapped Reauirements - Applicant shall comply with all
appropriate State and City requirements for the handicapped.
Bus Duckout and ShelteF - Dedicate additional right of way, to
construct a bus duckout and shelter, as redlined and in
accordance with Transit District standards.
Fire Department
19.
Fire Sprinklers - The 14,000 square foot retail center shall be
fully automatic fire sprinklered, meeting NFPA #13 requirements.
20.
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.
21.
Dumpster Enclosure - Provide fire sprinkler protection to
dumpster enclosure within five (5) feet of any building or
combustible roof overhang.
~uilding Department
22.
Code Requirements - Comply with current adopted Codes and State
Title 24 law.
23.
County Health Department Clearanc~ - Obtain clearance from
County Health Department.
24.
Sanitary District - Obtain clearance from Sanitary District to
determine if lines will accept discharge.
25. Storm Drain System - Show details for on site storm system.
CONDITIONS OF APPROVAL - FILE ~ GP 90-04/ZC 90-13/PD 90-08
SITE ADDRESS: 3101 S. Winchester Blvd.
APPLICANT: Bruce Bowen
PC MTG DATE: 2/12/91
PAGE 4
26.
Soil Clearance - Soil clearance from Fire Department and County
Health Department.
Public Works Department
27.
Ri~ht-of-Wa¥ Dedication - Dedicate &dditional land to widen
Hacienda Avenue to 45 feet from center, Winchester Boulevard to
42 feet from center.
28.
Street Improvemen%s - Install standard street improvements in
Winchester and Hacienda.
29.
Encroachment Permit - Obtain an excavation permit, pay fees and
post surety for all improvements within the public right-of-way.
30.
Gradinq and DrainaGe Plans - Provide five copies of grading and
drainage plans for review by the City Engineer.
31. Storm Drain Fee - Pay storm drain area fee of $2,250 per acre.
32.
Concurrence of Santa Clara Valley water District - Provide
evidence of plan approval by Santa Clara Valley Water District.
33.
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 are not permitted.
34.
Dimensioned Site Plan - Provide a dimensioned site plan which
reconciles the site area discrepancy with the assessor's map.