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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.