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PC Res 3881 RESOLUTION NO. 3881 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL GRANTING A SITE AND ARCHITECTURAL REVIEW PERMIT (PLN2008-06) TO ALLOW THE CONSTRUCTION OF AN 8,000 SQUARE FOOT COMMERCIAL BUILDILNG ON PROERTY OWNED BY HAMILTON PLAZA INVESTORS, LLC, LOCATED AT 1790 S. BASCOM AVENUE IN A C-2-S (GENERAL COMMERCIAL) ZONING DISTRICT. APPLICATION OF HAMILTON AVENUE INVESTORS, LLC. FILE NO.: PLN2008-06. 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 PLN2008-06. 1. The development of a new commercial building is consistent with the General Commercial General Plan Land Use Designation. 2. The zoning designation for the project site is C-2-S (General Commercial). The construction of the proposed commercial retail building is allowed with the approval of a Site and Architectural Review Permit and would support future commercial uses that are allowed in the C-2 Zoning District. 3. The site is currently developed with an automotive service use. Land uses surrounding the project site include commercial uses (i.e. retail and service uses) to the north, south, east and west. 4. The site plan proposes the construction of a single commercial retail building. The proposed building would be located on the west half of the subject property. A lot line adjustment would include the proposed location of trash enclosure. 5. The project would have a building coverage of 34.5 percent, landscape coverage of 15.8 percent, and paving coverage of 49.7 percent. 6. The project has a Floor Area Ratio (FAR) of 0.345. 7. The design of the proposed buildings is a contemporary structure typical of commercial developments. 8. The site plan depicts the provision 30 total parking spaces for the proposed project with 28 unistall spaces and 2 accessible spaces, which exceeds the minimum required number of parking spaces by two spaces. 9. The proposed project will install street improvements along Bascom Avenue which presents a significant streetscape enhancement. Planning Commission Resolution No. 3881 PLN2008-06 - 1790 S. Bascom Avenue - Site and Architectural Review Permit Page 2 10. The plans indicate that 15.7 percent of the project site would be landscaping with continuous landscaping between the proposed buildings and the street as well as substantial landscaping in the parking lots and around the perimeter of the site. 11. The site plan indicates the location of an existing five feet tall masonry wall along the eastern half of the southern property line, and an existing cyclone fence with vinyl slats along the western portion of the southern property line. The applicant is proposing for the masonry wall to remain and for the cyclone fence to be removed. 12. The site plan proposes to install wall-mounted lights around the perimeter of the building, and two light poles in the parking area. The proposed light poles are 20 feet tall and are located within the site interior to direct the light on the project site and shield it from the neighboring properties, consistent with the requirements of Section 21.18.090 (Lighting Design Standards) of the Campbell Municipal Code. 13. This project has been found categorically exempt under Section 15302, Class 2 of the California Environmental Quality Act (CEQA), pertaining to replacement of an existing structure. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The development will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 2. The development will be compatible with the Zoning Code of the City. 3. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. 4. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. THEREFORE, BE IT RESOLVED that the Planning Commission grants a Site and Architectural Review Permit (PLN2008-06) to allow the construction of an 8,000 square foot commercial building on property owned by Hamilton Plaza Investors, LLC, located at 1790 S. Bascom Avenue in a C-2- S (General Commercial) Zoning District. 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. Planning Commission Resolution No. 3881 PLN2008-06 - 1790 S. Bascom Avenue - Site and Architectural Review Permit Page 3 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division: 1. Approved Proiect: Approval is granted for a Site and Architectural Review Permit (PLN2008-06) to allow the demolition and construction of a new commercial retail building and associated on-site improvements located at 1790 South Bascom Avenue. The building designs and site design shall substantially conform to the project exhibits listed below, except as may be modified by the conditions of approval herein: a. Project plans prepared by The Hagman Group and stamped as received by the Planning Division on April 14, 2008. b. Color/material board submitted by The Hagman Group. 2. Landscape & Irrioation Plan: The applicant shall submit a final 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. Relocation of the Mexican Fantail Palm trees to the perimeter landscape area along the driveway and parking lot. 3. Tree Protection Plan: The applicant shall submit a tree protection plan for all protected trees to be retained on site and shall contain specific information about the preservation of the trees during any grading or building on site. The tree protection plan shall be submitted to the Planning Division for review and approval by the Community Development Director prior to the issuance of building or grading permits. Such tree protection measures shall be installed prior to any demolition, grading, or building on the project site. No construction or trenching shall take place within the drip line of trees and a fence constructed of temporary cyclone fencing or wire mesh securely attached to poles driven into the ground shall be installed around the dripline of the tree. All trimming or branch removal from protected trees shall be completed by a certified arborist. 4. Buildina Elevations. Details. and Colors: The applicant shall submit detailed building elevations and exhibits depicting architectural details. The detailed elevations and exhibits shall substantially comply with the approved plans and shall be reviewed and approved by the Community Development Director prior to the issuance of building permits. 5. Uses: The allowable uses for this building shall be 100 percent commercial/retail. Planning Commission Resolution No. 3881 PLN2008-06 - 1790 S. Bascom Avenue - Site and Architectural Review Permit Page 4 6. Parkinq and Drivewavs: a. All parking and driveway areas shall be developed in compliance with the approved plans and Chapter 21.28 (Parking and Loading) of the Campbell Municipal Code. b. All parking and driveway areas shall be maintained in good condition and free of any trash or debris and shall be regularly swept and cleaned. 7. On-Site Liqhtinq: Prior to the issuance of building permits the applicant shall submit a lighting plan, light fixture details, and illustrated brochures indicating the location and design of light fixtures and parking lot lighting to the Planning Division, for review and approval by the Community Development Director. All lighting shall be arranged and shielded so that light is reflected away from adjacent residential uses and so that there is no glare, which will cause unreasonable annoyance to occupants of residential properties or otherwise interfere with the public health, safety or welfare. 8. Mechanical Equipment: All roof mounted and ground mounted equipment shall be screened from public view. The method of screening shall be architecturally compatible with the development in terms of colors, materials, architectural style. and shall include appropriately installed and maintained landscaping, as applicable, to the satisfaction of the Community Development Director. Prior to the issuance of building permits, the applicant shall indicate on the building permit plans the screening methods for the mechanical equipment for the project. 9. Propertv Maintenance and Graffiti Removal: The property is to be maintained free of any combustible trash, debris and weeds until the time that actual construction commences. All 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). The property owner shall be responsible for the removal of any graffiti from walls, fences or structures on the project site within one week of notification by the Community Development Director or their designate 10. Noise: a. Parking lot sweepers, leaf blowers and other mechanical devices that have the potential to cause a disturbance to the adjacent residential properties shall only be operated between 7:00 a.m. and 5:00 p.m. daily. 11. Construction Mitiqation Measures: The following practices should be followed during all phases of site preparation and construction activities: a. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00 p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take place on Sundays or national holidays unless an exception is granted by the Building Official. b. All construction equipment with internal combustion engines used on the project site shall be properly muffled and maintained in good working condition. Planning Commission Resolution No. 3881 PLN2008-06 - 1790 S. Bascom Avenue - Site and Architectural Review Permit Page 5 c. Unnecessary idling of internal combustion engines shall be strictly prohibited. d. All stationary noise-generating construction equipment, such as air compressors and portable power generators. shall be located as far as possible from noise- sensitive receptors such as existing residences and businesses. e. 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 so that the contractor can be made aware of noise complaints. 12. Recordinq Covenant: Prior to the submittal of building permits, the applicant shall provide proof of recordation of easements, covenants, or equivalent instrument that provides for permanent pedestrian and vehicular access across all parking spaces, walkways, driveways and drive aisles on all parcels within the project boundaries. 13. Lot Line Adiustment: A Lot Line Adjustment to incorporate the trash enclosure and parking into this parcel shall be completed prior to submittal of building permits. 14. Trash Enclosures: The building permit submittal shall contain details regarding the design and location of the trash and recycling enclosures for review and approval by the Community Development Director prior to the issuance of building permits for the project. 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. The design of the enclosures shall be compatible with the buildings. 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. 15. Master Sian Plan: No signage is approved as a part of the development application approved herein. The applicant shall submit a master sign plan application for all signage for the development. The proposed master sign plan shall comply with the all provisions, including design criteria, of Chapter 21.30 (Signs) of the Campbell Municipal Code. No sign shall be installed until such application is approved by the decision making body. 16. Utilitv Boxes and Back-Flow Preventers: Prior to the issuance of building permits, the applicant shall indicate on the building permit plans the location and screening method of the PG&E transformers and San Jose Water Company back-flow preventers, where applicable, for approval by the Community Development Director. 17. Utilities: All new on-site and project frontage utilities and poles shall be installed underground per section 21.18.140 (Undergrounding of Utilities) of the Campbell Municipal Code. Planning Commission Resolution No. 3881 PLN2008-06 - 1790 S. Bascom Avenue - Site and Architectural Review Permit Page 6 18. Operational Hours: Operational hours shall be limited to 6 a.m. to 11 p.m. daily for all uses within the structures, unless a Conditional Use Permit is obtained from the Planning Commission for late night operations. 19. Fences/Walls: a. The existing five feet tall masonry wall along the eastern half of the southern property line that will remain shall be kept in sound condition and shall be repaired or replaced as necessary through the life of the project. Building Division: 20. 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. 21. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 22. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36in. 23. 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. 24. 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. 25. 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 engineer specializing in soils mechanics. 26. 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 recommendation 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 Planning Commission Resolution No. 3881 PLN2008-06 - 1790 S. Bascom Avenue - Site and Architectural Review Permit Page 7 b. finish floor elevation c. foundation corner locations 27. Title 24 Enerav 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. 28. Special Inspections: When a special inspection is required by C.B.C. Chapter 17, 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 C.B.C. Appendix Chapter 1, Section 106. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 29. Non-Point Source Pollution Control: 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. 30. 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. 31. 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. 32. P.G. & E.: The applicant is advised to contact P.G. & E. 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. The applicant should also consult with P.G. &E. concerning utility easements, distribution pole locations and required conductor clearances. 33. Proiect Approvals: 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) e. Santa Clara County Department of Environment Health Planning Commission Resolution No. 3881 PLN2008-06 - 1790 S. Bascom Avenue - Site and Architectural Review Permit Page 8 PUBLIC WORKS DEPARTMENT 34. Preliminary Title Report: Prior to issuance of any grading or building permits for the site, the applicant shall provide a current (within the past 6 months) Preliminary Title Report. 35. Riaht-of-Wav 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 for public street purposes along the S. Bascom Avenue frontage to accommodate a 17 feet of right of way from curb face to back of walk. The applicant shall submit the necessary documents for approval by the City Engineer, process the submittal with City staffs 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. 36. Public Service Easements: Prior to issuance of any grading or building permits for the site, the applicant shall grant a 10 foot public service easement on private property contiguous with the public right-of-way along the S. Bascom Ave. frontage. 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. 37. Gradina and Drainaae Plan: Prior to issuance of any grading or building permits for the site, the applicant shall conduct hydrology studies based on a ten-year storm frequency, prepare an engineered grading and drainage plan, and pay fees required to obtain necessary grading permits. Prior to occupancy, the design engineer shall provide written certification that development has been built per the engineered grading and drainage plans 38. 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, currently set at $2,650 per net acre, which is $1,409. 39. 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, unless otherwise approved by the City Engineer: 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 sidewalk and curb ramps. Planning Commission Resolution No. 3881 PLN2008-06 - 1790 S. Bascom Avenue - Site and Architectural Review Permit Page 9 d. Installation of City standard boulevard treatment which consists of ten (10) foot park strip (with sod. irrigation and City specified street trees) and a seven (7) foot sidewalk. e. Installation of two (2) new ADA compliant curb ramps. 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. i. Submit final plans in a digital format acceptable to the City. 40. Maintenance of Landscapinq: Owner(s), current and future, are required to maintain the landscaped park strip and tree wells in the public right of way. This includes, but is not limited to: trees, lawn, plantings, irrigation, etc. Trees shall not be pruned in a manner that would not allow the tree to grow to a mature height. 41.Utilities: All utilities shall be installed underground per Section 21.18.140 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. 42. 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. 43. 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. The plan shall clearly show the location and size of all existing utilities and the associated main lines; indicate which utilities and services are to remain; which utilities and services are to be abandoned, and where new utilities and services will be installed. Joint trenches for new utilities shall be used whenever possible. 44. 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 or abandonment. Streets that have been reconstructed or overlaid within the previous five years will require boring and jacking for all new utility installations. S. Bascom Avenue has not been reconstructed or overlaid in the last 5 years. 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. Planning Commission Resolution No. 3881 PLN2008-06 - 1790 S. Bascom Avenue - Site and Architectural Review Permit Page 10 45. Utilitv Encroachment Permit: Separate permits for the installation of utilities to serve the development will be required (including water, sewer, gas, electric, etc.). Applicant shall apply for and pay all necessary fees for utility permits for sanitary sewer, gas, water, electric and all other utility work. 46.Additional Street Improvements: Should it be discovered after the approval process that new utility main lines, extra utility work or other work is required to service the development, and should those facilities or other work affect any public improvements, the City may add conditions to the development/project/permit, at the discretion of the City Engineer, to restore pavement or other public improvements to the satisfaction of the City. 47.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. Specifically the project must include source control, site design and treatment measures to achieve compliance with Provision C.3. of the NPDES Permit. Measures may include, but are not limited to, minimization of impervious surface area, vegetated swales, infiltration areas, and treatment devices. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay. Resources to achieve these objectives include Storm water 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 (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. Upon submission of the preliminary site/grading plans, the applicant shall calculate and submit to the City the amount of impervious surface created by the development including the types of stormwater controls to be used. The applicant shall submit preliminary sizing and design showing stormwater controls meet the City's requirements. Prior to issuance of any grading or building permits: a. The applicant's designer or engineer shall submit the required certification indicating that sizing, selection, and design of treatment BMP's for the project site has been completed to meet the requirements of the City of Campbell's NPDES permit, No. 01-119, Provision C.3. b. The applicant shall sign the "Covenants for the Operation and Maintenance of Stormwater Facilities" and submit a Stormwater Management Plan. Planning Commission Resolution No. 3881 PLN2008-06 - 1790 S. Bascom Avenue - Site and Architectural Review Permit Page 11 Prior to occupancy: a. A qualified BMP certifier is required to inspect the stormwater management facilities, submit a complete set of as-built drawings to Public Works Engineering, and certify on these drawings that: 1. The stormwater management facilities were constructed in compliance with the approved plans. 2. The as-built drawings show all pertinent constructed dimensions, elevations, shapes and materials. 3. All variations in construction from the approved design plan have been identified, including omissions to and additions from the approved plan. 4. Any changes are in conformance with local, state, or federal regulations b. The applicant shall provide security for the operation and maintenance of stormwater pollution prevention measures installed or provided as part of this project. The applicant shall also comply with any other or new conditions as required by the City of Campbell's most current NPDES permit. 48. OccuDancv and Buildina Permit Final: Prior to allowing occupancy and/or final building permit signoff 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. FIRE DEPARTMENT 49. Formal Plan Review: Review of this development proposal is limited to accessibility 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 Division all applicable construction permits. 50. Required Fire Flow: The fire flow for this project is 2,500 gpm at 20 psi residual pressure. As an automatic fire sprinkler system will be installed, the fire flow has been reduced by 50% establishing a required adiusted fire flow of 1,500gpm at 20 psi residual pressure. The adjusted required fire flow is available from area water mains and fire hydrant(s) which are spaced at the required spacing. 51.Automatic Fire Sprinkler System Required: Buildings with a gross floor area in excess of 3,600 square feet shall be equipped throughout with an automatic fire sprinkler system, hydraulically designed per National Fire Protection Association (NFPA) Standard #13. Planning Commission Resolution No. 3881 PLN2008-06 - 1790 S. Bascom Avenue - Site and Architectural Review Permit Page 12 52. New Commercial Buildinas: All new commercial buildings shall comply with standard specifications SI-7 for construction site fire safety. 53. Fire land Markinq Reauired: Provide marking 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. 54. Notes on Plans: To prevent review and inspection delays, the Fire Department conditions of approval shall be re-stated as "notes" on all pending and future plan submittals and any referenced diagrams to be reproduced onto the future plan submittal. PASSED AND ADOPTED this 22nd day of April, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Ebner, Gairaud, Gibbons and Roseberry None Alderete, Doorley and Rocha None APPROVED: Bob Roseberry, Chair: