CC Resolution 9785
RESOLUTION NO. 9785
BEING A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CAMPBELL OVERTURNING THE
PLANNING COMMISSION'S REQUIREMENT FOR
EXTENSION OF A COVERED W ALKW A Y AND
RELOCATION OF THE SERVICE DOOR TO THE
SOUTH ELEVATION AS PART OF A MODIFICATION
(PLN2000-158) TO A PREVIOUSLY-APPROVED SITE
AND ARCHITECTURAL APPROVAL TO ALLOW THE
CONSTRUCTION OF A NEW FREEST ANDING
DRUGSTORE (W ALGREENS) ON PROPERTY
LOCATED AT 1550-1600 W. CAMPBELL AVENUE IN
A C-I-S (NEIGHBORHOOD COMMERCIAL) ZONING
DISTRICT. APPLICATION OF MR. JOHN KIRKORIAN,
ON BEHALF OF KIRKORIAN ENTERPRISES. FILE
NO. PLN2000-158.
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 City Council did find as follows with
respect to application PLN2000-158:
1. The proposed retail use is consistent with the commercial land use designation of the General
Plan and the C-I-S (Neighborhood Commercial) zoning designation for the site
2. The commercial shopping center expansion is compatible with the surrounding development
and uses with the recommended enhancements. The design of the building, with the use of a
man-door in lieu of the roll up door and the reduction of the covered walkway, still provides
an attractive building.
3. The proposed expansion of the shopping center is compatible with the adjacent land uses and
the surrounding neighborhood.
4. The shared parking facilities of the shopping center will adequately address the parking
needs of the subject site and proposed mixed uses.
Based on the foregoing findings of fact, the City Council further finds and concludes that:
1. The proposed project will aid in the enhancement and the harmonious development of the
immediate area. The establishment, maintenance, or operation of the use will not 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, or be detrimental or injurious
to property and improvements in the neighborhood or to the general welfare of the City.
2. The subject site is adequate in size and shape to accommodate the proposed uses and the
surrounding uses in the area.
City Council Commission Resolution 9785
PLN2000-l58 - 1550-1600 W. Campbell Avenue - Overturning Planning Commission
Page 2
3. The subject site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic such uses would generate.
4. The proposed project is compatible with the adjacent land uses and the surrounding
neighborhood.
The applicant is hereby notified, as a part of this application, that he/she is required to meeting the
attached conditions in accordance with the ordinance of the City of Campbell.
PASSED AND ADOPTED this 2nd day of January ,2001, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Furtado, Kennedy, Burr, Watson, Dean
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
APPROVED:
1 . ~
ATTEST: ~ d~,,-
Anne Bybee, City Clerk
Conditions of Approval- Modified by City Council
PLN2000-l58 - 1550-1600 W. Campbell Avenue - New Commercial Building
Page 1
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. Approved Project: Approval is granted for a Site and Architectural Application (PLN2000-
158) to allow the construction of a 14,490 square foot retail building. Project shall
substantially conform to the plans prepared by Hagman Associates Architects dated 10/19/00,
except as may be modified by the Conditions of Approval contained herein.
2. Landscape and Irrigation Plans: The applicant shall submit 4 sets of landscape/ and irrigation
plan to the Planning Department, prior to the issuance of building permits, for review and
approval ofthe Community Development Director.
Landscape and irrigation plans to be prepared consistent with the WELS standards and the
Tree Preservation Ordinance. The plan shall include the following:
A) All replacement trees to be twenty-four inch box tree sizes;
B) Provision of planting and irrigation details for all planting areas;
C) Landscape concept to include container planting near building entrances;
D) New landscape islands; and
E) Introduction of planting areas along the eastern elevation to soften large wall areas and
service areas. Efforts shall be made to include the use of trees and large shrubs where
practical.
3. Revised Plans: The applicant shall submit revised plans for the Community Development
Director's consideration prior to the issuance of building permits. The revised plans to
illustrate the following:
A) Introducing landscaping along the easterly elevation;
B) Reducing the height of the drive-up window canopy;
C) Introducing architectural enhancements along the easterly elevation to continue
architectural elements of the front elevation;
D) Final location of drive-thru to the satisfaction of the Community Development Director.
4. Sign Permits: No signage is approved as a part of the development application approved
herein. The applicant shall submit a sign program application indicating all new signs for the
site. No sign shall be installed until such application is approved and a sign permit approved
Conditions of Approval- Modified by City Council
PLN2000-158 - 1550-1600 W. Campbell Avenue - New Commercial Building
Page 2
and a permit issued by the Community Development Director as specified in Chapter 21.53
(Sign Ordinance) of the Campbell Municipal Code.
5. 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 of 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.
6. Delivery HourslNoise: Delivery hours shall be restricted to 7 a.m. to 9 p.m. Signing shall be
installed at service doors notifying the restriction of delivery hours.
7. Parking, Driveways and Maintenance: 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. All
parking areas shall be regularly swept and cleaned to remove litter and debris from the
parking areas and driveways.
8. Mechanical Equipment: All roof mounted and ground mounted equipment shall be screened
with architecturally compatible materials, subject to approval of the Community
Development Director, prior to the issuance of building permits.
9. Garbage Collection: Trash Containers of a size and quantity necessary to serve the new
building shall be in areas approved by the Fire Department and Community Development
Director. 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 construct at grade level and have a level area adjacent to the trash
enclosure area to service the containers and to be architecturally compatible with the building
walls. The business owner shall work with the garbage company to provide garbage pick-up
hours that minimizes disruption to adjacent residential uses.
10. Operational Hours: Operational hours shall be limited to 8 a.m. to 10 p.m. daily for retail use
and drive-up window, unless a conditional use permit is obtained from the Planning
Commission for late night operations. The retail drugstore use shall substantial comply with
the use description provided by the applicant dated November 13, 2000.
11. Drive-Up Window Operation: There shall be no amplified speakers used in conjunction with
the drive-up window service. The service at the drive-up window shall function in such a
way that waits are minimal in order to minimize offsite impacts from vehicle fumes.
BUILDING DEPARTMENT
Conditions of Approval- Modified by City Council
PLN2000-l58 -1550-1600 W. Campbell Avenue - New Commercial Building
Page 3
12. Permits Required: A building permit application shall be required for the proposed structure.
The building permit shall include ElectricallPlumbinglMechanical fees when such work is
part of the permit.
13. Construction Plans: The conditions of Approval shall be stated in full on the cover sheet of
construction plans submitted for building permit.
14. Size of Plans: The maximum size of construction plans submitted for building permits shall
be 24 in. X 36 in.
15. Soils Report: Two copies of a current soils report, prepared to the satisfaction of the
Building Official, containing foundation and retaining wall design recommendations shall be
submitted with the building permit application. This report shall be prepared by a licensed
civil engineer specializing in soils mechanics.
16. Foundation Inspections: A pad certificate prepared by a licensed civil engineer or land
surveyor shall be submitted to the project building inspector upon foundation inspection.
This certificate shall certify compliance with the recommendations as specified in the soils
report and the building pad elevation and on-site retaining wall locations and elevations are
prepared according to approved plans. Horizontal and vertical controls shall be set and
certified by a licensed surveyor or registered civil engineer for the following items:
A. pad elevation
B. finish floor elevation (first floor)
C. foundation comer locations
17. Title 24 Energy Compliance: California Title 24 Energy Standards Compliance forms shall
be blue-lined on the construction plans. Compliance with the Standards shall be
demonstrated for conditioning of the building envelope and lighting of the building.
18. 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 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.
19. Santa Clara Valley Non-Point Source Pollution Control Program: 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.
Conditions of Approval- Modified by City Council
PLN2000-158 - 1550-1600 W. Campbell Avenue - New Commercial Building
Page 4
20. 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.
21. Title 24 Accessibility - 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.
22. 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
C. School District:
i) Campbell Union School District (378-3405)
ii) Campbell Union High School District (371-0960)
iii) Moreland School District (874-2900)
iv) Cambrian School District (377-2103)
D. Bay Area Air Quality Management District (Demolitions Only)
FIRE DEPARTMENT
23. Applicable Building Permits: Review of this developmental proposal is limited to
acceptability of 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. Prior to performing any work, the applicant shall make application to,
and receive from, the Building Department, all applicable construction permits.
24. Required Fire Flow: The required fire flow for this project is 4,500 gpm at 20 psi residual
pressure. As fire sprinklers will be installed, the fire flow has been reduced by 50%
establishing a required adjusted flow of 2250 gpm at 20 psi residual pressure. The adjusted
fire flow is available from area water mains and fire hydrant(s) which are spaced at the
required spacing.
25. Automatic Fire Sprinkler System Required: Buildings requiring a fire flow in excess of
2,000 GPM or in excess of two stories or 35 feet in height, shall be equipped throughout with
an automatic fire sprinkler system, hydraulically designed per National Fire Protection
Association (NFP A) Standard #13.
A copy of the fire department "approved" underground fire service drawings shall be
provided to the appropriate water company for record purposes, prior to installation. To
prevent engineering delays, the underground contractor shall submit to the fire department
three sets of shop drawings designed per NFP A Std. 24, a completed permit application and
application fees for review and approval as soon as possible.
Conditions of Approval- Modified by City Council
PLN2000-l58 - 1550-1600 W. Campbell Avenue - New Commercial Building
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26. Public Fire Hydrant(s) Required: Provide one private on-site fire hydrant(s) at location(s) to
be determined by the Fire Department and San Jose Water Company. Hydrant spacing shall
not exceed 250 feet, with a minimum single flow of 1,500 GPM at 20 psi, residual. Prior to
applying for building permit, provide civil drawings reflecting all fire hydrants proximal to
the site. To prevent building permit delays, the developer shall pay all required fees to the
water company ASAP.
27. Private On-Site Fire Service Mains and/or Hydrants: Installation of private fire service mains
and/or fire hydrants shall conform to National Fire Protection Association (NFP A) Standard
#24, and Fire Department Standard Details and Specification W-2. A separate installation
permit from the Fire Department is required.
28. Fire Hydrant Location Identifier: Prior to the project final inspection, the general contractor
shall ensure that a "Blue" dot has been placed in the roadway, as directed by the fire
department.
29. Fire Apparatus (Engine) Access Roads Required: Provide access roadways with a paved all
weather surface, a minimum unobstructed width of 20 feet, vertical clearance of 13 feet, 6
inches, minimum circulating turning radius of 36 feet outside and 23 feet inside, and a
maximum slope of 15%. Installations shall conform with Fire Department Standard Details
and Specifications Sheet A-I
30. Fire Lane Markings Required: Provide markings for all roadways within the project.
Markings shall be per Fire Department specifications. Installations shall also conform to
Local Government Standards and Fire Department Standard Details and Specifications A-6.
31. Premises Identification: Approved numbers or addresses shall be placed on all new and
existing buildings in such a position as to be plainly visible and legible from the street or
road fronting the property. Numbers shall contrast with their background.
32. Fire Department Key Box Required: The building shall be equipped with a permanently
installed emergency access key lock box (Knox), conforming to Fire Department Standard
Detail and Specification Sheet K-l. At time of final inspection, access keys shall be provided
to the Fire Department.
33. Future Retail Building: Note that the proposed retail/office building (within this submittal) is
considered separate from the proposed "future" retail building. A separate fire service for that
building will be required at the time of planning submittal for that future project. It is also
noted that it appears that fire service for this new proposed building is located partially below
the building pad. This condition shall not be permitted.
Conditions of Approval- Modified by City Council
PLN2000-158 - 1550-1600 W. Campbell Avenue - New Commercial Building
Page 6
PUBLIC WORKS DEPARTMENT
34. Preliminary Title Report: Prior to issuance of any building permits for the site, the applicant
shall provide a current Preliminary Title Report for each parcel.
35. Easements: Prior to issuance of any building permits for the site, the applicant shall provide
private Easements for reciprocal ingress and egress, reciprocal parking, and drainage.
36. 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
standard public street improvements, as required by the City Engineer. The fee for a non-
utility encroachment permit is $245.00. The plans shall include the following:
A. Reconstruct the three existing non-ADA compliant pedestrian ramps on Campbell
Avenue and San Tomas Aquino Road;
B. Remove two existing substandard street lights, one on Campbell Avenue and one on San
Tomas Aquino Road, and replace with standard street lights;
C. Install additional standard streetlights in accordance with the City's Street Lighting
Policy, as necessary;
D. Install additional street trees, as necessary, to provide street trees at approximately 40 feet
on center;
E. Construction of conforms to existing public and private improvements as necessary.
37. 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.
38. 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
compames.
39. Utility Installation Plan: Prior to issuance of building permits for the site, the applicant 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,
which have been resurfaced within the previous 5 years, will require boring and jacking for
all new utility installations. Applicant shall also prepare pavement restoration plans for
approval by the City Engineer prior to any utility installation or abandonment.
40. Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building
permits, the applicant shall comply with the National Pollution Discharge Elimination
Conditions of Approval- Modified by City Council
PLN2000-158 - 1550-1600 W. Campbell Avenue - New Commercial Building
Page 7
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.
41. Covenants, Conditions, and Restrictions: Provide copies of CC&Rs for review by the City.
42. Site Plan: Show the following information on the Site Plan.
. Designate Parcels 1, 2, and 3 of Parcel Map 672, Page 42, including distances and
bearings.
. Easements