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PC Res 3309RESOLUTION NO. 3309 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A MODIFICATION (PLN2000-135) TO A SITE AND ARCHITECTURAL APPROVAL (PLN2000-86) TO ALOW THE PLACEMENT OF A TEMPORARY TRAILER FOR RETAIL SALES USE (AVERY'S) FOR APPROXIMATELY EIGHT MONTHS DURING THE CONSTRUCTION OF THE PERMANENT BUILDING ON PROPERTY LOCATED AT 1600 W. CAMPBELL AVENUE IN A C- 1-S (NEIGHBORHOOD COMMERCIAL) ZONING DISTRICT. APPLICATION OF MR. JOHN KIRKORIAN, ON BEHALF OF KIRKORIAN DEVELOPMENTS. FILE NO. PLN2000-135: 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 PLN2000-135: The temporary sales trailer will be painted to blend with the existing buildings and trees will be installed to soften its appearance. The temporary sales trailer is necessary to provide temporary space for Avery's Gift Store because they are being evicted from their current location before construction of their new store on this site can be completed. The temporary sales trailer will be used the minimum amount of time necessary to allow Avery's to move into their new store. This approval is limited to a maximum of eight (8) months or whenever the new store is completed, whichever is sooner. 4. Sufficient parking is available near the trailer to accommodate this use. Based on the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The development is consistent with the City's General Plan and Zoning Ordinance. 2. The proposed project provides a desirable site layout for a commercial use within the Kirkwood Shopping Center on this section of W. Campbell Avenue. 3. The proposed project will aid in the enhancement and the harmonious development of the immediate area. Planning Commission Resomtion No. 3309 PLN2000-135 - 1600 W. Campbell Avenue - Temporary Retail Trailer (Avery's) Page 2 The establishment, maintenance, or operation of the uses 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. 5. The project is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic this use 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 REQUIREMENTS 1. Prqject Approval - Approval of this Modification (PLN2000-135) of Site and Architectural Review Permit (PLN2000-86) to allow the placement of a one-story, 1,440 square foot temporary sales trailer for Avery's on the eastern side of Kirkwood Shopping Center on property located at 1600 W. Campbell Avenue. This approval is valid for a period of eight (8) months from the date of approval or until the permanent retail building is completed Building Colors/Elevations: The temporary sales trailer, decks and walkways shall be painted to match the existing structures on site. o Portable Toilet: The portable toilet shall be reviewed by the Community Development Director for compatibility with the surrounding uses and shall be maintained in a clean and healthful condition at all times. Should the use of the portable toilet become a nuisance, it shall be removed and restroom facilities be provided either in the building or in a nearby permanent facility. Landscape Plan: The applicant shall submit four copies of a landscape/irrigation plan for review and approval of the Community Development Director. Sufficient trees shall be temporarily placed on the site to provide adequate enhancement of the trailer and to screen unenhanced elevations. BUILDING DEPARTMENT REQUIREMENTS 5. Permits Required: A building permit application shall be required for the proposed structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. o Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. Planning Commission Resomtion No. 3309 PLN2000-135 - 1600 W. Campbell Avenue - Temporary Retail Trailer (Avery's) Page 3 Size of Plans: The maximum size of construction plans submitted for building permits shall be 24 inches by 36 inches. Site Plan: A competently prepared site plan shall be submitted showing all pertinent features and structures proposed for the site. Elevations of all "paths of travel" related to access for the disabled shall be called out. Site Plan shall be stamped and signed by responsible engineer. Title 24 Energy Compliance: Califomia 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. 10. 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 the plan submittal. The specification sheet (size 24 inches by 36 inches) is available at the Building Department. 11. 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. 12. Title 24 Accessibility - Commercial: Projects seeking to use the Title 24 Hardship exemption clause shall blue-line completed, City of Campbell "20O/o" exemption form on submitted construction plans. Form is available at the Building Department. 13. 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 FIRE DEPARTMENT REQUIREMENTS 14. Access/Driveways Depicted on Plans: Provide location of all driveways and access roads on the plan. 15. Fire Department Access: Placement of the temporary sales trailer shall not obstruct fire department access in any way. PUBLIC WORKS DEPARTMENT REQUIREMENTS 16. Street Improvement Agreement: Prior to clearance of building permits, the applicant must post security, pay fees, and sign an agreement for off site street improvements for the permanent structures. Planning Commission Resomtion No. 3309 PLN2000-135 - 1600 W. Campbell Avenue - Temporary Retail Trailer (Avery's) Page 4 PASSED AND ADOPTED this l0th day of October, 2000, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Commissioners: Doorley, Gibbons, Lindstrom, Lowe Commissioners: None Commissioners: Francois, Hemandez, Jones Commissioners: None APPROV~ '~Eli~~, C~h~i~~'~ Sharon Fierro, Secretary