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PC Res 3206RESOLUTION NO. 3206 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL GRANTING A SITE AND ARCHITECTURAL APPROVAL TO ALLOW THE CONSTRUCTION OF A TWO STORY BUILDING IN THE DOWNTOWN AREA ON PROPERTY LOCATED AT 368 E. CAMPBELL AVENUE IN THE C-3-S (CENTRAL BUSINESS DISTRICT) ZONING DISTRICT. APPLICATION OF BWI DOWNTOWN PARTNERS. FILE NO. S 98-17. 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 S 98-17: The proposed project will entail construction of a two-story, 5,523 square foot commercial building. The proposed project is located on property with a commercial land use designation under the General Plan. The proposed commercial building is consistent with the commercial land use designation of the General Plan, the C-3-S (Central Business District) zoning designation for the site, the Central Campbell Redevelopment Plan and the Campbell Downtown Development Plan, and achieves the following objectives: a) Enhances the downtown as the civic, economic and cultural center of activity for the City of Campbell. b) Enhances the identity of the downtown as a central business district that serves as a meeting place for local residents as well as a destination. c) Facilitates the development of downtown as an economically viable commercial district. d) Encourages a mix of economically viable commercial uses in the downtown creating a balance of daytime and evening activities. e) Enhances the pedestrian-oriented environment of the downtown. f) Ensures that the new building in the downtown will be of high architectural design quality and provides architectural diversity in the downtown. The proposed commercial building subject to the attached conditions of approval meets the setback, height limitation and floor area ratio development standards of the C-3-S zoning ordinance. The proposed project is well designed and is architecturally compatible with the surrounding neighborhood and uses by integrating the use of traditional downtown architectural features. Planning Commission Resolution No. 3206 S 98-17 - 368 E. Campbell Avenue - BWI Downtown Partners Page 2 The parking adjustment to reduce the required parking stall widths for standard parking spaces is adequate to serve the proposed project and is warranted due to the limited width of the property and the applicant's efforts to maximize the number of parking spaces on the site given the location of the proposed commercial building. An initial study was prepared for this project and no significant environmental impacts were found. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The development is consistent with the General Plan and City's Zoning Ordinance. 2. The proposed project will aid in the harmonious development of the immediate area. o The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. No substantial evidence has been presented which shows that the project, as currently presented, and subject to the required conditions of approval, will have a significant adverse impact on the environment. o No evidence has been presented which shows that the project will have a substantial impact on plant or animal life. 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. 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 Review Permit (S 98-17) to construct a two-story, 5,523 square foot retail and office commercial building on property located at 368 E. Campbell Avenue and shall substantially conform to the project exhibits listed below, except as may be modified by the Conditions of Approval contained herein: A. Site plan dated July 8, 1998, prepared by Chris Spaulding, Architect. B. First and Second Floor plans dated July 8, 1998, prepared by Chris Spaulding, Architect. C. Elevations dated July 8, 1998, prepared by Chris Spaulding, Architect. D. Color/material board submitted by Bruce Bowen, applicant. E. Perspective drawing stamped dated as received on November 18, 1998, prepared by Chris Spaulding, Architect. Planning Commission Resolution No. 3206 S 98-17 - 368 E. Campbell Avenue - BWI Downtown Partners Page 3 o o o o Building Details and Colors: A. The applicant shall modify the proposed color scheme of the building by adding additional colors to enhance the architectural details on the building, which may include additional colors to accent the cornice treatment, window trims, and other portions of the building. The additional colors to be used on the building shall match the predominant color scheme of the building and shall require review and approval by the Site and Architectural Review Committee prior to the issuance of building permits. Bo The windows on the building shall be recessed a minimum 3-inches from the outer wall of the building to provide a sense of depth from the building and shall provide adequate trim to architecturally enhance the design of the building, as determined by the Site and Architectural Review Committee. Landscaping: Prior to the issuance of building permits for the project, the applicant shall submit landscaping and irrigation plans for review and approval by the Site and Architectural Review Committee that incorporates the following: A. Minimum 24-inch box trees, minimum 5-gallon shrubs, and groundcover shall be planted within the landscape planter area along the southern property line. B. Minimum 5 gallon shrubs and groundcover shall be planted within the landscape planters along the building walls facing E. Campbell Avenue and Central Avenue. Reciprocal Ingress/Egress Agreement: Prior to the issuance of building permits, the applicant and/or property owner shall record a covenant obligating future and existing property owners to enter into an agreement with the adjacent property owners to the east to participate in the provision of reciprocal ingress/egress easements over the vehicular parking lot at such time in the future the adjacent property owners to the east can accommodate improvement of the alleyway to include paving of the alleyway to eliminate potholes and parking as can reasonably be accommodated within the available area behind the buildings and as mutually agreeable to these property owners. Parking and Driveway: Prior to the issuance of building permits for the project, the applicant shall comply with Chapter 21.50 of the Campbell Municipal Code, unless modified by the Conditions of Approval herein. Driveway Width: Prior to the issuance of building permits, the applicant shall revise the site plan to incorporate a minimum 25-foot back-up space for all parking spaces throughout the parking lot to ensure adequate maneuvering space. Planning Commission Resolution No. 3206 S 98-17 - 368 E. Campbell Avenue - BWI Downtown Partners Page 4 o Disabled Parking: Prior to the issuance of building permits, the applicant shall review the location of the disabled person parking space to ensure that the support column of the building does not interfere with the use of the striped access area and shall demonstrate that the parking space meets State and City building code requirements regarding disabled accessible parking requirements. Parking Adjustment: The applicant is permitted a parking adjustment to provide a reduction in the standard parking stall sizes for the proposed project. The minimum standard parking stall width shall be 8.5 feet and the minimum standard parking stall length shall be 20 feet. 9. On-site Lighting: Details of project lighting shall be approved by the Site and Architectural Review Committee prior to the issuance of building permits. 10. Building Division Requirements: Prior to the issuance of building permits, the applicant shall comply with all Building Code requirements and obtain necessary permits as determined by the City's Building Division. Based upon an occupancy most closely resembling a B (retail) occupancy and an S-3 (parking) occupancy, the applicant shall demonstrate provision of the following on plans prior to issuance of building permits: A. A one (1) hour occupancy separation is required between the B and the S-3 occupancies per UBC T3-B. B. Openings are prohibited along the west wall (less than 5 feet from the property line). One (1) hour construction is required for this wall per UBC T 5-A. C. The roof parapet along the west wall complies with UBC Section 709 for construction. D. The disabled-accessible parking access aisle and ramp comply with CAC Section D-6. 11. Fences/walls: Any newly proposed fencing and/or wall shall comply with Section 21.59.090 of the Campbell Municipal Code and shall be submitted for review and approval by the Site and Architectural Review Committee prior to construction. 12. Property Maintenance: 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). All structures shall also be required to be maintained free of graffiti. Should graffiti appear on the building, enclosure walls and/or trash enclosure, the applicant shall take measures to immediately remove the graffiti. Planning Commission Resolution No. 3206 S 98-17 - 368 E. Campbell Avenue - BWI Downtown Partners Page 5 13. Location of Mechanical Equipment: No roof-mounted and/or ground level mechanical equipment, i.e. air conditioning units, shall be located on or adjacent to the building without providing screening of the mechanical equipment from public view. Screening material and method shall require review and approval by the Site and Architectural Review Committee prior to the installation of such mechanical equipment. 14. Utility Boxes and Back-Flow Preventers: Applicant to submit a plan prior to installation of PG&E utility (transformer) boxes and San Jose Water Company back-flow preventers, indicating the location of the boxes and screening (if the boxes are above ground) for approval by the Planning Division. 15. Trash Disposal/Recycling: The applicant shall provide the following: A. Details regarding the design and location of trash disposal/recycling facilities to be reviewed and approved by the City prior to the issuance of building permits for the project. The design of the trash enclosure shall match the building in terms of color and finish. Revised site plan indicating the relocation of the trash enclosure a minimum of 8.5 feet away from the sidewalk along Central Avenue. The trash enclosure shall be screened from the sidewalk by a planter area between the enclosure and the sidewalk which shall be planted with minimum 15-gallon shrubs and groundcover. 16. Signs: Any signs proposed to be erected on site shall require approval of a Sign Permit. A Sign Permit may be granted upon complete submission of a Sign application and approval by the Community Development Department, in accordance with the City's Sign Ordinance. No sign shall be permitted until the application is approved and a permit issued. 17. Hazardous Waste Removal: Prior to the issuance of building permits, the applicant shall demonstrate that all hazardous waste materials and contamination on-site in conjunction with the previous auto repair use be removed. 18. Construction Mitigation Measures: The applicant shall implement the following construction mitigation measures: 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 internal 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 and businesses. E. All active construction areas shall be watered at least twice daily. Planning Commission Resolution No. 3206 S 98-17 - 368 E. Campbell Avenue - BWI Downtown Partners Page 6 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. CENTRAL FIRE DISTRICT: 19. Final Required Fire Flow: Required fire flow for this project is 2,000 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. PUBLIC WORKS DEPARTMENT: 20. Preliminary Title Report: Prior to issuance of any grading or building permits for the site, the applicant shall provide a current Preliminary Title Report. 21. 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 for Public Street Purposes along the Central Avenue frontage to accommodate 10 feet of right-of-way from the curb face plus a property line return to Campbell Avenue with a 20 foot radius. Applicant shall cause to be prepared all documents necessary to record dedication and submit to the City for review. 22. Street Improvements: Prior to issuance of any grading or building permits for the site, the applicant 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: Central Avenue · Removal of the existing driveway approach. · Construction of a new 25 foot wide commercial driveway accordance with ADA requirements approach and sidewalk in Campbell Avenue · Removal of the existing driveway approach and replacement with an 8-foot wide sidewalk Central and Campbell Avenues · Protection and relocation of existing utilities as necessary. 23. 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. Planning Commission Resolution No. 3206 S 98-17 - 368 E. Campbell Avenue - BWI Downtown Partners Page 7 24. 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. 25. 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 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. 26. 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. 27. 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. 28. 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. The current fee is $ $2,500.00 per acre or $495.00. 29. 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. 30. Legal Lot: The applicant shall provide documentation to verify that the Lot was Legally created. 31. Covenant: The applicant shall record a covenant recognizing that occasionally access to the site may be limited due to downtown special events. Planning Commission Resolution No. 3206 S 98-17 - 368 E. Campbell Avenue - BWI Downtown Partners Page 8 PASSED AND ADOPTED this 24~' day of November, 1998, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Francois, Gibbons, Jones, Keams, Lindstrom, Lowe None None Meyer-Kennedy APPROVED.~, ~~~'~ ~D~nnik L76~e, Chair Steve l~[asecki, Secretary