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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 Page 3 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