PC Res 3283RESOLUTION NO. 3283
BEING A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF CAMPBELL
GRANTING A MODIFICATION (PLN2000-44) TO A
PREVIOUSLY-APPROVED CONDITIONAL USE
PERMIT TO ALLOW A RETAIL BUILDING AND A
TREE REMOVAL PERMIT (PLN2000-73) TO ALLOW
THE REMOVAL OF A WALNUT TREE ON PROPERTY
LOCATED AT 3245 S. WINCHESTER BOULEVARD
IN A C-2-S (GENERAL COMMERCIAL) ZONING
DISTRICT. APPLICATION OF MR. JAMES SMITH.
FILE NO. PLN2000-44/PLN2000-73.
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 PLN2000-44 & PLN2000-73:
The proposed building design and site layout are consistent with the commercial land use
of the General Plan and the (C-2-S) General Commercial designation for the site. The
proposed use achieves the following objectives:
A. Provides an attractive architectural elevation of the building towards the street frontage.
B. Accommodates driveways and parking circulation to serves the proposed use consistent
with the parking standards of the City.
C. Creates an architecturally pleasing project reflective of the other approved commercial
buildings along this portion of Winchester Blvd.
2. The proposed circulation accommodates the parking and access needs of the proposed use.
The proposed project design addresses the site planning issues of the building placement
near the street frontage and provides a buffer to the residential use to the rear.
4. The project site plan indicates that 16 percent of the project will be landscaped.
5. The project will not create a nuisance due to noise, litter, vandalism, traffic or other factors.
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The project will not significantly disturb the peace and enjoyment of the nearby residential
neighborhood.
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PLN2000-44/PLN2000-73 - 3245 S. Winchester Boulevard - James Smith
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Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
The proposed project will aid in the enhancement and the harmonious development of the
immediate area. The establishment, maintenance, or operation of the uses will be
detrimental to the public health, safety, peace, morals, comfort or general welfare of
persons residing or working in the neighborhood of such proposed use.
The proposed site layout provides a desirable site layout for a commercial use along this
portion of Winchester Blvd.
The project is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic such uses would generate.
The applicant is hereby notified, as part of this application, that he/she is required to meet the
following conditions in accordance with the ordinance of the City of Campbell and the State of
California. The lead department with which the applicant will work is identified on each
condition where necessary. 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
1. Prqject Approval - Approval is granted for a Modification to a previous use permit (PLN
2000-44) allowing development of a retail use on property located at 3245 S. Winchester
Blvd. consisting of the following:
· A 2200 square feet retail building and related parking and landscape areas. Project
approval shall substantially comply with project plans prepared by Bruce Johnson,
Architect, dated 5/15/00 and 3/6/00, except as modified by the Conditions of Approval
contained herein.
Detailed Building Elevations
A. Revised Elevation - The applicant shall continue to work with staff on resolving the
exterior treatment providing further detail of architectural details enhancements such as
trim an/or cornice details. Details to be approved by the Community Development
Director upon recommendation of the Architectural Advisor.
Materials and Colors: The applicant shall work with staff upon the recommendation of
the Architectural Advisor to select specific building colors and materials for the new
buildings. The conceptual palette is considered acceptable. The colors shall be referred
to the Community Development Director for review and approval prior to issuance of
building permits.
Outdoor Storage Prohibited: The exterior parking areas are intended to provide parking for
business and customer vehicles. Exterior storage of equipment and supplies shall be
Planning Commission Resolution No. 3283
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prohibited.
Parking and Driveways - All parking and driveway areas shall be developed in compliance
with the approved plans and Chapter 21.50 (Parking and Loading) of the Campbell
Municipal Code, subject to review by the Community Development Director.
On-site Lighting: The applicant shall submit plans and illustrated brochures indicating the
location and design of architectural features such as light fixtures and parking lot lighting
for approval by the Community Development Director. All lighting shall be shield away
from adjacent residential uses and a lighting plan shall be approved prior to the issuance of
any building permits. Lighting shall be directed to prevent glare on adjacent properties or
on the public right-of-way.
Landscape Plan/Buffer Wall Plan: The applicant shall submit four (4) sets of the
landscape/irrigation and buffer wall plan indicating the decorative screen wall design
between the parking area and the adjacent residential use to the west to the Community
Development Director for review and approval prior to the issuance of building permits.
Final plan landscape and irrigation plan to be prepared consistent with the WELS standards
and the Tree Preservation Ordinance. The plan shall include the following:
A. Installation of a 6 to 8 foot screen wall along the westerly property line.
B. Provision of irrigation and planting details for all planting areas.
C. Introduce minimum 24-inch box trees and 5-gallon shrubs as a part of the landscaping
concept and provide a row of redwood trees for screening along the easterly property
line at a minimum of 12 feet on center.
D. Increase the width of the rear planter area by 2 feet.
Signage Program - No signage is approved as part of the development applications
approved herein. The applicant shall submit a sign program indicating all signs for the site.
No sign shall be installed until such application is approved and a permit issued by the
Community Development Director as specified in Chapter 21.53. of the Zoning Ordinance
(Sign Ordinance).
Construction Mitigation Measures: The applicant shall implement measures as specified in
the Initial Study including the following:
A. Construction activities will be limited to daytime hours of 8:00 am 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.
B. No pile driving is allowed for construction of the project.
C. All intemal combustion engines for construction equipment used on the site will be
properly muffled and maintained.
D. All stationary noise generating construction equipment, such as air compressors and
portable power generator, will be located as far as practical from the existing residences
Planning Commission Resolution No. 3283
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and businesses.
E. All active construction areas shall be watered at least twice daily.
F. Cover all trucks hauling soil and other loose materials stationed or prior to leaving the
site.
G. Pave, apply water, or apply non-toxic soil stabilizers on all unpaved surfaces, and
staging areas at the construction site.
H. Sweep daily all paved access roads, parking areas, staging areas, and adjacent public
streets as directed by the City Engineer.
I. Enclose, cover, water or apply soil binders to exposed stockpiles.
J. Install sandbags or other erosion control measures to prevent runoff to all roadways,
waterways or pubic walkways accessed by the public.
Operational Hours: Operational hours of the business are limited to the hours of 7 a.m. to
11 p.m.
PUBLIC WORKS DEPARTMENT
10. Preliminary Title Report: Prior to issuance of any grading, drainage or building permits for
the site, the applicant shall provide a current Preliminary Title Report.
11.
12.
13.
14.
Right-of-Way for Public Street Purposes: Prior to issuance of any grading or building
permits for the site, the applicant shall grant additional Right-of-Way (3 feet) for Public
Street Purposes along the Winchester Boulevard frontage to accommodate 45 feet from the
existing center line. The applicant shall cause all documents to be prepared as necessary to
submit to the City for review and record the dedication.
Street Improvements: Prior to issuance of any grading or building permits for the site, the
applicant shall execute a street improvement agreement and shall cause plans for public
Street Improvements to be prepared by a registered civil engineer, pay fees, post security
and provide insurance necessary to obtain an encroachment permit for construction of the
public improvements, as required by the City Engineer. The plans shall include the
following:
· Removal of existing curb, gutter, sidewalk and two driveway approaches.
· Construction of new curb, gutter, 10-foot sidewalk, one ADA compliant driveway
approach, street trees, tree wells and irrigation system at 40 feet on center.
Water Meter(s) and Sewer Cleanout(s): Existing and proposed Water Meter(s) and Sewer
Cleanout(s) shall be installed on private property behind the public right-of-way line.
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
company.
15. Utility Installation Plan: Prior to issuance of building permits for the site, the applicant
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shall submit a Utility Installation Coordination Plan and Schedule for approval by the City
Engineer for installation of street improvements and/or abandonment of all utilities. Streets
that have been resurfaced within the previous 5 years will require boring and jacking for all
new utility installations. The applicant shall also prepare pavement restoration plans for
approval by the City Engineer prior to any utility installation or abandonment.
16.
Maintenance Security: Prior to issuance of occupancy approval for the site, all public street
improvements required by the street improvement agreement and the encroachment permit
must be completed and accepted by the City and the applicant must provide a one-year
Maintenance Security in an amount of 25% of the Faithful Performance Bond.
17.
Grading and Drainage Plan: Prior to issuance of any grading or building permits for the
site, the applicant shall conduct hydrology studies based on a 10 year storm frequency,
prepare an engineered Grading and Drainage Plan, and pay fees required to obtain
necessary grading permits. The plans shall comply with the 1994 edition of the UBC
including Chapters 18, 33, and Appendix Chapter 33. Should the development require
hauling of soil or other demolition materials on or off site, the applicant shall request and
obtain approval of a haul route from the City Engineer.
18. Storm Drain Area Fee: Prior to issuance of any grading or building permits for the site, the
applicant shall pay the required Storm Drain Area fee, which is $2,500 per acre.
19.
Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building
permits, the applicant shall comply with the National Pollution Discharge Elimination
System (NPDES) permitting requirements and the California Storm Water Best
Management Practices handbook prepared by the Storm Water Quality Task Force, Santa
Clara Valley Water District and the City of Campbell Municipal Code regarding Storm
Water Pollution Prevention.
20.
Site Plan: Upon submittal of an application for an encroachment permit, the applicant shall
provide a complete and accurate site plan in accordance with Attachment A and the
enclosed plot plan.
COMMUNITY DEVELOPMENT REQUIREMENTS
21. Garbage Collection - Trash containers of a size and quantity necessary to serve new or
modified building areas shall be located in 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 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 and to be architecturally compatible with the
building walls.
22. Mechanical Equipment - All roof-mounted and ground level mechanical equipment on new
or remodeled structures on site, which are visible from the public right of way, shall be
Planning Commission Resolution No. 3283
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screened with similar building materials subject to the approval of the Community
Development Director.
23.
Disabled Accessibility - All new and remodeled buildings shall provide disabled access in
accordance with the Uniform Building Code (UBC), and the Uniform Federal Accessibility
Standards (UFAS) and the Federal Americans with Disabilities Act (ADA).
FIRE DEPARTMENT REQUIREMENTS
24. Developmental Review: Review of this proposal is limited to site access and water supply
as they pertain to fire department operations and shall not be construed as a substitute for
formal plan review to determine compliance with adopted model codes or building
standards. Prior to performing any work, the applicant shall apply to the Building
Department for appropriate construction permits.
25.
Required Fire Flow: Required fire flow for this project is 1,000 GPM at 20 psi residual
pressure. The required fire flow is available from area water mains and fire hydrant(s),
which are spaced at the required spacing.
BUILDING DIVISION REQUIREMENTS
26. Building Submittal: All building permit submittals shall require that the conditions of
approval shall be printed on the first page of all sets of plans.
27.
Permits Required: A building permit application shall be required for the proposed
conversion of the structure from residential to commercial use. The building permit shall
include Electrical/Plumbing/Mechanical fees when such work is part of the permit.
28.
Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet
of construction plans submitted for building permits. Plans shall be prepared under the
direction of a licensed architect or engineer. Minimum of two (2) sets of plans shall be wet
stamped and signed by architect or engineer of record.
29. Size of Plans: The maximum size of construction plans submitted for building permits
shall be 24" x 36". The minimum size is 18" x 24".
30.
Conversion: Conversion of the structure from residential use to commercial use requires
an evaluation of the structural design of the floor systems to accommodate commercial
design values. Evaluation of wall and roof construction for occupancy requirements and
exterior wall protection shall be made.
31.
Wheel Chair Access: Wheel chair access shall be provided for all rooms within the
structure without requiring individual in wheelchair having to leave the interior of the
space.
32. Title 24 Energy Compliance: California Title 24 Energy compliance forms shall be blue-
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lined on the construction plans. Compliance with standards shall be demonstrated for the
conditioning of the building envelope and lighting of the building.
33.
Special Inspections: When a special inspection is required by UBC Section 1701, the
architect or engineer of record shall prepare an inspection program that shall be submitted
to the Building Official for approval prior to issuance of the building permits, in
accordance with UBC Section 106.3.5. Please obtain City of Campbell Special Inspection
Forms from the Building Inspection Division counter.
34.
The City of Campbell Standard Santa Clara Valley Non-Point Source Pollution Control
Program: This specification sheet shall be part of plan submittal. The specification sheet
(size 24" x 36") is available at the Building Division service counter.
35.
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.
36.
Title 24 Accessibility-Commercial: Projects seeking to use the Title 24 Hardship
exemption clause shall blue-line completed, City of Campbell "20°/o'' exemption form on
submitted construction plans. Form is available at Building Division service counter.
37.
Approvals Required: The project requires the following agency approval prior to issuance
of the building permit.
A. West Valley Sanitation District
B. Santa Clara County Fire Department
PASSED AND ADOPTED this 13th day of June, 2000, by the following roll call vote:
AYES: Commissioners:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Francois, Gibbons, Hemandez, Keams, Lindstrom,
Lowe
None
Jones
None ~ EI~za~6'th Gi~'bo ~s, Chair ~ ~c:'J/~)
ATTEST:
Sharon Fierro, Secretary