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PC Res 3964RESOLUTION NO. 3964 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL GRANTING A SITE AND ARCHITECTURAL REVIEW PERMIT AND CONDITIONAL USE PERMIT (PLN2009-82) TO ALLOW THE CONSTRUCTION OF A 9,038 SQUARE FOOT BUILDING WITH AUTOMOTIVE REPAIR USES ON PROPERTY OWNED BY MR. JOHN KIRKORIAN LOCATED AT 175 CRISTICH LANE IN THE M-1-S (LIGHT INDUSTRIAL) ZONING DISTRICT. APPLICATION OF MR. FREDDY SEEN, ON BEHALF OF BANDUCCI ASSOCIATES ARCHITECTS, INC. FILE NO. PLN2009-82. 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 PLN2009-82. 1. The proposed automotive repair commercial building and use is consistent with the Light Industrial General Plan land use designation. 2. The proposed automotive repair commercial building and use will be compatible with the M-1 (Light Industrial) zoning designation with approval of a Conditional Use Permit. 3. The project site consists of one currently vacant .57 net acres parcel. 4. The project provides 26 parking spaces with the approval of a parking reduction based the Planning Commission's preliminary acceptance to modify the parking demand of automotive uses per the parking study session feedback held on September 9, 2009. 5. The project site is situated on a .57 net acre site (after land dedication). The project site is on a currently vacant parcel located on the west side of Cristich Lane, north of E. McGlincy Lane and south of Campbell Technology Parkway within the M-1 (Light Industrial) Zoning District. The parcel fronts a private drive (Cristich Lane) where there is currently no curb, gutter or sidewalks. Highway 17 borders the property on the west, with industrial and service commercial uses bordering the property on the north, south and east 6. The proposed project is well designed and is architecturally compatible with the surrounding neighborhood. 7. The project proposal will greatly enhance the appearance of the site. 8. The proposed project is consistent with other developments and uses in the surrounding area. Planning Commission Resolution No. 3964 PLN2009-82 - 175 Cristich Lane -Site and Architectural Review Permit/Use Permit Page 2 9. The hours of operation shall be from 8 a.m. to 6:00 p.m. daily. 10. The project qualifies as a Categorically Exempt project per Section 15332, Class 32 of the California Environmental Quality Act (CEQA), pertaining to projects characterized as in-fill development. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed project is consistent with the General Plan. 2. The proposed use is allowed within the applicable zoning district with Conditional Use Permit approval, and complies with all other applicable provisions of this Zoning Code and the Municipal Code. 3. The proposed project, as conditioned, will aid in the harmonious development of the immediate area. 4. The proposed project is well designed and is architecturally compatible with the surrounding neighborhood. 5. The proposed site is adequate in terms of size and shape to accommodate the fences and walls, landscaping, parking and loading facilities, yards, and other development features required in order to integrate the use with uses in the surrounding area. 6. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic the use would be expected to generate. 7. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses on-site and in the vicinity of the subject property. 8. The establishment, maintenance, or operation of the proposed use at the location proposed will not be detrimental to the comfort, health, morals, peace, safety, or general welfare of persons residing or working in the neighborhood of the proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. 9. 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. 10. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. Planning Commission Resolution No. 3964 PLN2009-82 - 175 Cristich Lane -Site and Architectural Review Permit/Use Permit Page 3 11. 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 and Conditional Use Permit (PLN2009-82) to allow the construction of a 9,038 square foot building with automotive repair uses on property owned by Mr. John Kirkorian located at 175 Cristich Lane in the M-1-S (Light Industrial) Zoning District. The applicant is hereby notified, as part of this application, that (s)he is required to meet the following conditions in accordance with the ordinances 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. 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 items under review. Additionally, the applicant is hereby notified that (s)he 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 Planning Division: 1. Declaration of Acceptance of All Conditions: Within thirty (30) days of Planning Commission approval, the applicant and property owner shall sign the final, approved set of Conditions of Approval. Until said Conditions are signed, the proposed Use Permit shall not be valid for any permits sought from the City. Ackno dged & cepted: l 0/21/og Freddy Seen Date i0~-Zl-cy John Kirkori n Date 2. Approved Project: Approval is granted for a Site and Architectural Review Permit/Conditional Use Permit (PLN2009-82) allow the construction of a new 9,038 sq. ft. commercial building and the establishment of automotive repair uses located at 175 Cristich Lane. The project shall substantially conform to the Project Plans and Operational statement stamped as received by the Community Development Planning Commission Resolution No. 3964 PLN2009-82 - 175 Cristich Lane -Site and Architectural Review Permit/Use Permit Page 4 Department on August 10, 2009 and June 9, 2009, respectively, except as may be modified by additional conditions specified herein. 3. Planning Final Required: Planning sign off is required to prior to Building Permit final. Construction not in substantial compliance with the approved project plans shall not be approved without prior authorization of the necessary approving body. 4. Site and Architectural Review Permit and Conditional Use Permit Approval Expiration: The Site and Architectural Review Permit and Conditional Use Permit approvals shall be valid for one year from the date of final approval. Within this one-year period, the use must be established on the property and the Conditions of Approval satisfied. Failure to meet this deadline will result in both the Site and Architectural Permit and Conditional Use Permit being void. Conditions of Approval: All of the Conditions of Approval for PLN2009-83 and PLN2009-110, and PLN2009-111 are adopted by reference. 6. Motor Vehicle Repair Facilities: Automotive repair uses are subject to the following regulations: a. Circulation: Motor vehicle repair facility shall provide adequate vehicular circulation to ensure free ingress and egress, and safe and unimpeded on-site circulation. b. Repair Activities: All work shall be performed within a fully enclosed structure. c. Soundproofing: The proposed structures shall be sufficiently soundproofed to prevent a disturbance or become a nuisance to the surrounding properties. d. Li htin :Artificial light shall be designed to reflect away from adjoining properties. e. Screening and buffering: 1. A six-foot high solid masonry wall shall be maintained along the exterior boundaries of the motor vehicle repair facility, excluding the front yard setback area, those locations approved for ingress and egress, and areas adjoining a street, other than an alley. 2. All damaged or wrecked motor vehicles awaiting repair shall be effectively screened from view from any public street or highway, or adjoining properties, by a six-foot high decorative masonry wall or other opaque material approved by the Community Development Director. Vehicle Parking: Motor vehicles associated with the subject use shall not be parked or stored on a public street or alley. g. Sale of Vehicles: Motor vehicles shall not be stored at the site for purposes of sale. h. Service Bay Doors: Service bay doors shall not directly face or be viewable from adjoining public rights-of-way or a residential development or zoning district. Planning Commission Resolution No. 3964 PLN2009-82 - 175 Cristich Lane -Site and Architectural Review Permit/Use Permit Page 5 i. Residential Uses: Residential uses are not allowed on a site containing a motor vehicle repair facility. 7. Noise Management: In the event complaints are received by the City regarding noise, the Community Development Director may immediately modify the hours of operation, subject to the project being brought back to the Planning Commission for review. 8. Business License Required: The use approved herein shall not be established until issuance of a Business License has been granted. 9. Transferability: Prior to issuance of a business license pursuant to this Conditional Use Permit to a new owner(s) of the subject business, said new owner(s) shall be required to a sign the approved Resolution, incorporating the final approved set of Conditions of Approval. 10. Revocation of Permit: Operation of the use in violation of the Site and Architectural Review Permit/Conditional Use Permit or any standards, codes, or ordinances of the City of Campbell shall be grounds for consideration of revocation of the Conditional Use Permit by the Planning Commission. 11. Business/Operational Hours: Operational/Business hours permitted by the Site and Architectural Review Permit/Conditional Use Permit approved herein are as follows: • Operational Hours: 7:00 AM to 7:00 PM • Business Hours 8:00 AM to 6:00 PM 12. Property Maintenance: The owner/operator of the subject property shall maintain all exterior areas of the business free from graffiti, trash, rubbish, posters and stickers placed on the property. 13. Outdoor Storage: No equipment, materials or business vehicles shall be parked and/or stored outside the building or within the parking lot. 14. Overnight storage of vehicles under repair: Outdoor storage of vehicles currently under repair is permitted only in the tandem parking area. The outdoor overnight vehicle storage area shall not be visible from public view during non-business hours. 15. On-Site Lighting: Any proposed on-site lighting shall be shielded away from adjacent properties and directed on site. The design and type of lighting fixtures and lighting intensity of any exterior lighting shall be reviewed and approved by the Community Development Director, prior to issuance of a building permit. Lighting fixtures shall be of a decorative design to be compatible with the development and shall incorporate energy saving features. Planning Commission Resolution No. 3964 PLN2009-82 - 175 Cristich Lane -Site and Architectural Review Permit/Use Permit Page 6 16. Location of Mechanical Equipment: No roof-mounted mechanical equipment (i.e. air conditioning units, ventilation ducts or vents), shall be added to the existing building without providing screening of the mechanical equipment from public view and surrounding properties. The screening material and method shall be architecturally compatible with the building and requires review and approval by the Community Development Director and Building Division prior to installation of such screening. 17. Paint Color: Final paint color approval shall be subject to field review and approval by the Community Development Director. 18. Trash & Clean Up: All trash, normal clean up, carpet cleaning, etc. shall not be done in the late evening or early morning hours. All clean up and trash collection shall be done between 7:00 a.m. and 7:00 p.m. daily. 19. Utility Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to installation of PG&E transformers and San Jose Water Company back-flow preventers, indicating the location of the facilities and screening (if the facilities are above ground) for review and approval by the Community Development Director. 20. signage: No signage is approved as part of the development application approved herein. All signage shall be installed and maintained consistent with the provision of the Sign Ordinance, Chapter 21.30 of the Campbell Municipal Code. 21. Loitering: There shall be no loitering allowed outside the business in the rear parking lot or the side parking lot areas. The business owner is responsible for monitoring the premises to prevent loitering. 22. Landscape Plan: The applicant shall submit two copies of a landscape plan, prior to the issuance of building permits, for review and approval by the Community Development Director. The plan shall show the type of trees, size of trees and tree planting detail and irrigation details. The landscape plan shall substantially conform to the approved site plan and the City's Water Efficient Landscaping Standards (WELS). The required landscaping shall be installed prior to the final inspection completed by the Planning Department 23. Landscape Maintenance: The owner/operator of the property shall provide on-going maintenance of the existing and proposed on-site landscaping. 24. Replacement of Removed Trees: Two 24-inch box size trees shall be required as a replacement for the two Ash trees to be removed. The location and species of this tree shall be shown on the Site Plan and Landscaping Plan that shall submitted to the Planning Division prior to the issuance of building permits, for review and approval by the Community Development Director. The replacement trees shall be installed prior to the issuance of a Certificate of Building Occupancy. Planning Commission Resolution No. 3964 PLN2009-82 - 175 Cristich Lane -Site and Architectural Review Permit/Use Permit Page 7 25. Trash Enclosure: The applicant shall obtain a building permit and construct a trash enclosure for the storage of all refuse containers. The trash enclosure shall comply with the requirements set forth in Section 21.18.110 of the Campbell Zoning Code. 26. Noise: a. Business Noise: Noise from bells, loudspeakers, public address systems, or tools shall not be audible from residentially zoned or occupied parcels between the hours of 7 p.m. and 7 a.m. on weekdays and Saturdays, and before 10 a.m. and after 7 a.m. on Sundays and nationally recognized holidays. b. Noise Management: In the event complaints are received by the City regarding noise, the Community Development Director may immediately modify the hours of operation and/or limit the extended hours of operation, subject to the project being brought back to the Planning Commission for review. c. Operation of Mechanical Equipment: Pursuant to the Campbell Municipal Code, operation of power equipment (i.e. "power-washer"), shall be limited to the hours of 8:00 AM and 7:00 PM Monday through Friday, and between the hours of 9:00 AM and 6:00 PM Saturday, Sunday and nationally recognized holidays. 27. Parking and Driveways: All parking and driveway areas shall be maintained in compliance with the standards in Chapter 21.28 (Parking & Loading) of the Campbell Municipal Code. A total of 18 parking spaces will be provided. 28. Fences/Walls: All existing and proposed fencing shall comply with the City of Campbell fence ordinance. The maximum height for any existing or proposed fence shall not exceed six feet from finished grade. Fence height shall include any retaining wall or lattice under or attached to the fence. 29. Construction Activities: The applicant shall abide by the following requirements during construction: 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 holidays unless an exception is granted by the Building Official. b. Truck routes to and from the construction site should be established and submitted to the City for review and approval prior to issuance of a building permit. These truck routes shall avoid access to the project site via residential streets where possible. c. All construction equipment with internal combustion engines used on the project site shall be properly muffled and maintained in good working condition. d. Unnecessary idling of internal combustion engines shall be strictly prohibited. Planning Commission Resolution No. 3964 PLN2009-82 - 175 Cristich Lane -Site and Architectural Review Permit/Use Permit Page 8 e. 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. f. 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. g. Construction equipment, vehicles, and workers associated with the development of the project shall not be permitted to park on any residential streets. h. Use dust-proof chutes for loading construction debris onto trucks. i. Water or cover stockpiles of debris, soil, and other materials that can be blown by the wind. j. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard. k. Sweep daily (with water sweepers) all paved access roads, parking areas, and staging areas at the construction site. I. Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets, as directed by the City Engineer. m. Enclose, cover, water twice daily or, or apply (non-toxic) soil stabilizers to exposed stockpiles (dirt, sand, etc.). Building Division: . 30. 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. 31. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 32. Size of Plans: The size of construction plans submitted for building permits shall be 24 inches by 36 inches. 33. 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. 34. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. The 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. Planning Commission Resolution No. 3964 PLN2009-82 - 175 Cristich Lane -Site and Architectural Review Permit/Use Permit Page 9 35. 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. 36. 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 corner locations 37. 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. 38. 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. 39. Non-Point Source: 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. 40. 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. 41. 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. 42. PG&E: Applicant is advised to contact Pacific Gas and Electric Company 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 Planning Commission Resolution No. 3964 PLN2009-82 - 175 Cristich Lane -Site and Architectural Review Permit/Use Permit Page 10 process. Applicant should also consult with P. G. & E. concerning utility easements, distribution pole locations and required conductor clearances. 43. LEED for New Construction: Applicant shall complete and return LEED Project Checklist prior to issuance of the building permit. 44. 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) Public Works Department: 45. Proof of Ownership: 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, grant deed, or other satisfactory proof of ownership. 46. Right-of-Way 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 in fee for public street purposes along the Cristich Lane frontage to accommodate 30 foot half street width, unless otherwise approved by the City Engineer. The applicant shall submit the necessary documents for approval by the City Engineer, process the submittal with City staff's 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. 47. Soils Report: Prior to issuance of any grading or building permits for the site, applicant shall provide a soils report prepared by a registered geotechnical or civil engineer. 48. Grading & Drainage Plan: Prior to issuance of any building or grading 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 the necessary grading permits. Prior to occupancy, the design engineer shall provide written certification that the development has been built per the engineered grading and drainage plans. Planning Commission Resolution No. 3964 PLN2009-82 - 175 Cristich Lane -Site and Architectural Review Permit/Use Permit Page 11 49. 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 of $2,650 per net acre, which is $1,775.00. 50. Deferred Street Improvement Agreement: Prior to issuance of any grading or building permits for the site, the applicant shall execute a deferred street improvement agreement for the construction of standard street improvement. Unless otherwise approved by the City Engineer these improvements shall include, but are not limited to, removal and replacement of street pavement structural section to centerline, relocation of utility poles and facilities as required, installation of curb, gutter, sidewalk, ADA compliant driveways, street trees, street lights, necessary drainage facilities and necessary conforms to existing improvements. 51. Utilities: All on-site 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. 52. Undergrounding Street Frontage Utilities: All overhead utility lines along the project's public street frontages shall be installed underground per Section 21.18.140 of the Campbell Municipal Code. Applicant shall comply with all utility applications, plan submittals, permitting, and fee requirements of the serving utility companies. In lieu of immediate undergrounding of the public street frontage, the applicant may elect to execute an agreement to participate in an underground utility program, should the City establish such a program within the next 7 years. The owner shall post required security with the City to insure participation in the underground utility program. 53. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer cleanout(s) shall be relocated or installed on private property behind the public right-of-way line. 54. Utility 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. 55. 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. Cristich Lane has not been reconstructed or overlaid in the last 5 years. The pavement Planning Commission Resolution No. 3964 PLN2009-82 - 175 Cristich Lane -Site and Architectural Review Permit/Use Permit Page 12 restoration plan shall indicate how the street pavement shall be restored following the installation or abandonment of all utilities necessary for the project. 56. Utility 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. 57. 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, at the discretion of the City Engineer, to restore pavement or other public improvements to the satisfaction of the City. 58. 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 Stormwater 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 Stormwater Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. Prior to issuance of 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. Prior to occupancy: Planning Commission Resolution No. 3964 PLN2009-82 - 175 Cristich Lane -Site and Architectural Review Permit/Use Permit Page 13 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. 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. 59. Occupancy and Building Permit Final: Prior to allowing occupancy for any and/or final building permit signoff and/or all buildings, the applicant shall have the required street improvements installed and accepted by the City, and the designer shall submit as-built drawings to the City. COUNTY FIRE DEPARTMENT 60. Fire Sprinklers: Approved automatic sprinklers are required in all new and existing modified buildings when gross floor area exceeds 3,600 square feet or that are 3 or more stories in height. Exception: One-time additions to existing buildings made after 1/1/08 that do not exceed 500 gross square feet. A State of California licensed (C-16) Fire protection Contractor shall submit plans, calculations, a completed permit application and appropriate fees to this department for review and approval prior to beginning their work. 61. Potable Water Supplies: Potable water supplies shall be protected from contamination caused by fire protection water supplies. It is the responsibility of the applicant and any contractors and subcontractors to contact the water purveyor supplying the site of such project, and to comply with the requirements of that purveyor. Such requirements shall be incorporated into the design of any water-based fire protection systems, and/or fire suppression water supply systems or storage containers that may be physically connected in any manner to an applicant capable of causing contamination of the potable water supply of the purveyor of record. Final approval if the system(s) under construction will not be granted by the Fire Department until compliance with the requirements of the water purveyor of record are documented by that purveyor as having been met by the applicant(s). Planning Commission Resolution No. 3964 PLN2009-82 - 175 Cristich Lane -Site and Architectural Review Permit/Use Permit Page 14 62. Hazmat Inspector: A Hazmat Inspector may need to review the project to ensure that Maximum Allowable Quantities of regulated materials are not exceeded, as well as to ensure proper installation and use of equipment such as spray booths. The applicant is strongly encouraged to contact the fire department early in the building permit process. 63. 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. PASSED AND ADOPTED this 13th day of October, 2009, by the following roll call vote: AYES: Commissioners: Alster, Cristina, Gibbons, Reynolds, Rocha and Roseberry NOES: Commissioners: None ABSENT: Commissioners: Ebner ABSTAIN: Commissioners: None APPROVE ~i~~ L ~ ~ ~~ iza h Gibbons, Acting Chair ATTEST: Ki Heinri hs, Secretary