PC Res 3722
RESOLUTION NO. 3722
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING AN ADMINISTRATIVE
PLANNED DEVELOPMENT PERMIT (PLN2006-26) FOR AN
EXISTING MULTI-TENANT COMMERCIAL/RETAIL BUILDING ON
PROPERTY OWNED KEON AND MICHELE VOSSOUGHI
TRUSTEES LOCATED AT 1769-1783 S. WINCHESTER
BOULEVARD IN A P-D (PLANNED DEVELOPMENT) ZONING
DISTRICT. APPLICATION OF MR. BILL HAGMAN, ON BEHALF OF
THE HAGMAN GROUP. FILE NO.: PLN2006-26.
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 Planning Commission did find as
follows with respect to application PLN2006-26:
1. The proposed project of commercial and retail is consistent with the General Plan
land use designation of Central Commercial shown on the Land use Element of the
General Plan.
2. The proposed project is consistent with the Planned Development Zoning
Ordinance.
3. The site plan proposes the fac;ade enhancement and remodel of an existing 13,102
square foot multi-tenant commercial/retail building with related parking and
landscape facilities.
4. The project provides 130 off-street parking spaces, where 65 spaces are required.
5. The project consists of a building coverage of 16.1 %, landscaping coverage of 4.3%,
and paving coverage of 79.6%.
6. The proposed project will have a floor area ratio of 0.16.
7. The subject property is surrounded by a church to the north, an office/church to the
south, varied commercial uses to the east, and multi-family residential to the west.
8. The proposed massing and design of the buildings are consistent with other
developments in the surrounding area and recent commercial developments in the
Central commercial area.
9. The project qualifies as Categorically Exempt under Section 15301, Class 1 (e) of the
California Environmental Quality Act (CEQA).
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
Planning Commission Resolution No. 3722
PLN2006-26 -- 1769-1783 S. Winchester Boulevard
Administrative Planned Development Permit
Page 2
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 proposed development will be compatible with the General Plan of the City and
will aid in the harmonious development of the immediate area.
3. The proposed development will not be detrimental to the health, safety or welfare of
the neighborhood or the City as a whole.
4. There is a reasonable relationship and a rough proportionality between the
conditions of approval and the impacts of the project.
5. There is a reasonable relationship between the use of the fees imposed upon the
project and the type of development project.
6. 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.
THEREFORE, BE IT RESOLVED that the Planning Commission approves an
Administrative Planned Development Permit (PLN2006-26) for an existing multi-tenant
commercial/retail building on property owned by Keon and Michele Vossoughi Trustees
located at 1769-1783 S. Winchester Boulevard in a P-D (Planned Development)
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 Project: Approval is granted for an Administrative Planned Development
Permit to allow the fac;ade enhancement, remodel, and site improvements to an
existing multi-tenant commercial retail building at 1769-1783 S. Winchester
Boulevard. 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:
Planning Commission Resolution No. 3722
PLN2006-26 -- 1769-1783 S. Winchester Boulevard
Administrative Planned Development Permit
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a. Project plans prepared by The Hagman Group, and stamped as received by the
Planning Division on May 2, 2006, including a site plan, floor plans, elevations,
and conceptual landscape and irrigation plan.
b. Colored Elevation prepared by the Hagman Group, and stamped as received by
the Planning Division on April 24, 2006.
c. Color and material board submitted by the Hagman Group on April 24, 2006.
2. Permit Expiration: The Administrative Planned Development Permit approval shall
be valid for one year from the date of final approval. Within this one-year period a
building permit must be obtained and construction completed one year thereafter or
the use must be established on the property (if no building permit is required).
Failure to meet these deadlines will result in the Administrative Planned
Development Permit being void.
3. Revocation of Permit: Operation of the use in violation of the Administrative Planned
Development Permit or any standards, codes, or ordinances of the City of Campbell
shall be grounds for consideration of revocation of the Administrative Planned
Development Permit by the Community Development Director.
4. Operational Hours: The operational hours shall be limited to 6 a.m. to 11 p.m. seven
days a week.
5. Landscape Plan: The applicant shall submit four sets of a landscape and irrigation
plan to the Planning Division, prior to the issuance of building permits, for review and
approval by the Community Development Director. The landscape and irrigation plan
shall substantially conform with the approved conceptual landscape plan and the
City's Water Efficient Landscaping Standards (WELS) and shall include the
following:
a. All shrubs shall be a minimum five gallon size plant material and all trees shall be
a minimum 15-inch boxed container.
b. Planter areas adjacent to driveways or parking areas shall be protected by six-
inch concrete curbs or other acceptable barriers.
c. Landscaped areas shall be provided with a permanent automatic underground
irrigation system.
d. Required landscaping shall consist of turf, ground cover, shrubs, trees, and
boulders in combination to provide attractive screening of parking lots and other
paved area. Required landscaping shall consist of a variety of species and sizes.
Planning Commission Resolution No. 3722
PLN2006-26 -- 1769-1783 S. Winchester Boulevard
Administrative Planned Development Permit
Page 4
e. Applicant shall provide a minimum of one tree per eight parking spaces within the
front parking lot area. The trees spacing shall be provided at a minimum to
provide a tree canopy over the parking lot.
6. Fences/Walls: Any new fencing shall comply with Section 21.18.060 and 21.18.120
of the Campbell Municipal Code and the approved project plans, and shall be
reviewed and approved by the Community Development Director prior to issuance of
any building permits for the project. The existing chain-link fence along the rear
property line shall be removed and replaced with a six-foot masonry wall. The wall
shall be architecturally compatible with the building in terms of colors, materials, and
architectural style and include appropriately installed and maintained landscaping.
7. Property Maintenance: The property is to be maintained free of any combustible
trash, debris, and weeds until the time that actual construction commences. Any
vacant existing structures shall be secured, by having windows boarded up and
doors sealed shut, or be demolished or removed from the property (Section 11.201
and 11.414, 1985 Ed. Uniform Fire Code).
8. Outdoor Storaqe: No outdoor storage is permitted on the subject property. No
equipment, materials or business vehicles shall be parked and/or stored outside the
building or within the parking lot.
9. Carqo Storaqe Container: The existing cargo storage container with in the rear
parking lot area shall be removed within 30 days of final Planning Commission
approval.
10. On-Site Liqhtinq: On-site lighting shall be shielded away from adjacent properties
and directed on site. The design and type of lighting fixtures and lighting intensity of
any proposed exterior lighting for the project shall be reviewed and approved by the
Community Development Director prior to installation of the lighting for compliance
with all applicable Conditions of Approval, ordinances, laws and regulations.
Lighting fixtures shall be of a decorative design to be compatible with the residential
development and shall incorporate energy saving features.
11. Parkinq and Drivewavs: All parking and driveway areas shall be developed and
maintained in compliance with the approved plans and Chapter 21.28 (Parking and
Loading) of the Campbell Municipal Code.
12. Trash and Recvclino Enclosure: The applicant shall submit building permit plans
with details regarding the design and location of a new trash and recycling
enclosure. All refuse and recycling containers shall be located in an enclosure
constructed and consisting of a concrete floor at least six inches in depth,
surrounded by a minimum six-foot high masonry wall and having a solid metal gate.
Planning Commission Resolution No. 3722
PLN2006-26 -- 1769-1783 S. Winchester Boulevard
Administrative Planned Development Permit
Page 5
The design of the enclosure shall be compatible with the building. 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 refuse and recycling containers
shall be kept in the enclosure at all times except when being emptied by collection
personnel.
13. Construction Hours: Construction activities shall be limited to the hours of 8:00 a.m.
to 5:00 p.m. weekdays and 9:00 a.m. to 4:00 p.m. Saturdays. Construction is
prohibited on Sundays and Holidays unless an exception is granted by the Building
Official.
14. Construction Manaqement Plan: A construction management plan shall be
developed that includes traffic management and site staging to the satisfaction of the
Community Development Director.
15. Contractor Contact Information Postinq: 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.
Building Division
16. Permits Required: A building permit application shall be required for the proposed
new commercial structure. The building permit shall include
Electrical/Plumbing/Mechanical fees when such work is part of the permit.
17. Construction Plans: The conditions of Approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
18. Size of Plans: The minimum size of construction plans submitted for building
permits shall be 24 in. X 36 in.
19. 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.
20. Site Plan: Application for building permit shall include a competent site plan that
identifies property and proposed structures with dimensions and elevations as
appropriate. Site plan shall also include site drainage details. Site address and
parcel numbers shall also be clearly called out. Site parking and path of travel to
public sidewalks shall be detailed.
21. 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
Planning Commission Resolution No. 3722
PLN2006-26 -- 1769-1783 S. Winchester Boulevard
Administrative Planned Development Permit
Page 6
submitted to 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.
22. Non-Point Source Proqram: The City of Campbell, standard Santa Clara Valley
Non-point Source Pollution Control Program specification sheet shall be part of plan
submittal. The specification sheet (size 24" X 36") is available at the Building
Division service counter.
23. 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
24. Title 24 Accessibilitv- 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.
25. Approvals Required: The project requires the following agency approval prior to
issuance of the building permit:
a. Santa Clara County Fire Department
26. P.G. & E.: Applicant is advised to contact Pacific Gas and Electric Company as
early as possible in the approval process. Service installations, changes and/or
relocations may require substantial scheduling time and can cause significant delays
in the approval process. Applicant should also consult with P.G. and E. concerning
utility easements, distribution pole locations and required conductor clearances.
PUBLIC WORKS DEPARTMENT
27. Proof of Ownership: Prior to issuance of any grading, drainage, or building permits
for the site, the applicant shall provide a current Preliminary Title Report, grant deed,
or other satisfactory proof of ownership.
28. Riqht of Way for Public Street Purposes: Prior to issuance of any grading or
building permits for the site, the applicant shall fully complete the process to cause
additional right of way to be granted in fee for public street purposes along the
Winchester Boulevard frontage to accommodate 45 foot half street width,. The
applicant shall submit the necessary documents for approval by the City Engineer,
process the submittal with City staff's comments, and fully complete the right of way
process. 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.
Planning Commission Resolution No. 3722
PLN2006-26 -- 1769-1783 S. Winchester Boulevard
Administrative Planned Development Permit
Page 7
29. Street Improvements: Prior to issuance of any grading or building permits for the
site, the applicant shall execute a street improvement agreement, cause plans for
public street improvements to be prepared by a registered civil engineer, pay various
fees and deposits, post security and provide insurance necessary to obtain an
encroachment permit for construction of the standard public street improvements, as
required by the City Engineer. The plans shall include the following:
a. Show location of all existing utilities within the new and existing public right of
way.
b. Relocation of all existing utilities including utility boxes, covers, poles, etc. outside
of sidewalk area. No utility boxes, covers, etc. will be allowed in the sidewalk
area.
c. Removal of existing driveway approach, sidewalk and asphalt concrete located
behind sidewalk in public right of way.
d. Installation of City standard 10' attached sidewalk and ADA compliant driveway
approach.
e. Installation of City approved street trees, tree wells and irrigation at 30 feet on
center.
f. I nstallation of asphalt concrete overlay per street pavement restoration plan for
utility installation and/or abandonment, as required by the City Engineer.
g. Installation of traffic control, stripes and signs.
h. Construction of conforms to existing public and private improvements, as
necessary.
30. Additional Street Improvements: Should any new utility main lines or other work
required to service the development that affects any street improvements, the City
may add conditions to the development/project, at the discretion of the City
Engineer, to restore pavement or other street improvements to the satisfaction of the
City.
31. 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, and
the design engineer shall submit as-built drawings to the City.
32. Maintenance of Landscapinq: Owner9s), current and future, are required to
maintain the landscaped park strip and tree wells in the public right of way. This
Planning Commission Resolution No. 3722
PLN2006-26 -- 1769-1783 S. Winchester Boulevard
Administrative Planned Development Permit
Page 8
includes, but is not limited to: trees, lawn, plantings, irrigation, etc. Threes shall not
be pruned in a manner that would not allow the tree to grow to a mature height.
33. 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.
34. Utilities: All new on-site utilities shall be installed underground per Section
20.36.150 of the Campbell Municipal Code for any new or remodeled buildings or
additions. Applicant shall comply with all plan submittals, permitting, and fee
requirements of the serving utility companies.
35. Utilitv Coordination Plan: Prior to issuance of building permits for the site, the
applicant shall submit a utility coordination plan and schedule for approval by the
City Engineer for installation and/or abandonment of all utilities. Streets which have
been resurfaced within the previous five years will require boring and jacking for all
new utility installations.
36. Pavement Restoration: Based on the utility coordination plan, the applicant shall
prepare a pavement restoration plan for approval by the City Engineer prior to any
utility installation of abandonment. Streets that have been reconstructed or overlaid
within the previous five years will require boring and jacking for all new utility
installations. Winchester Boulevard was overlaid in 2002. The pavement restoration
plan shall indicate how the street pavement shall be restored following the
installation or abandonment of all utilities necessary for the project.
37. DrainaQe System: Prior to occupancy clearance, the applicant shall refurbish,
remodel, and reconstruct the on-site drainage system, as necessary, to demonstrate
that the facilities are functioning normally in accordance with the requirements of the
City.
38. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or
building permits, the applicant shall comply with the National Pollution Discharge
Elimination System (NPDES) permit requirements, Santa Clara Valley Water District
requirements, and the Campbell Municipal Code regarding stormwater pollution
prevention. The primary objectives are to improve the quality and reduce the
quantity of stormwater runoff to the bay.
Resources to achieve these objectives include Stormwater Best Management
Practices Handbook for New Development and Redevelopment ("CA BMP
Handbook") by the California Stormwater Quality Association (CASQA), 2003; Start
at the Source: A Design Guidance Manual for Stormwater Quality Protection ("Start
at the Source") by the Bay Area Stormwater Management Agencies Association
Planning Commission Resolution No. 3722
PLN2006-26 -- 1769-1783 S. Winchester Boulevard
Administrative Planned Development Permit
Page 9
(BASMAA), 1999; and Using Site Design Techniques to Meet Development
Standards for Storm water Quality: A Companion Document to Start at the Source
("Using Site Design Techniques") by BASMAA, 2003.
39. LeQal Lot: The applicant shall provide documentation to ascertain that the lot has
been legally created.
PASSED AND ADOPTED this 23rd day of May, 2006, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Alderete, Ebner, Francois, Rocha and Roseberry
None
Doorley and Gibbons
None
APPROVED:
~!i~
ATTES~~ /~
Sharon Fierro, Secretary