PC Res 3136RESOLUTION NO. 3136
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL RECOMMENDING APPROVAL OF A SITE AND
ARCHITECTURAL APPLICATION (S 97-23) AND A CONDITIONAL
USE PERMIT (UP 97-18) TO ALLOW THE REMODEL OF AN EXISTING
COMMERCIAL BUILDING (6,900 SQUARE FEET) AND THE
CONSTRUCTION OF A MIXED-USE PROJECT (20 APARTMENTS,
7,000 SQUARE FOOT RETAIL SPACE AND 3,050 OFFICE SPACE) ON
PROPERTY LOCATED AT 125 E. CAMPBELL AVENUE IN A C-3-S
(CENTRAL BUSINESS DISTRICT) ZONING DISTRICT. APPLICATION
OF MR. ABBAS HAGHSHENAS. FILE NO. S 97-23/UP 97-18.
After notification and public hearing, as specified by law, and after presentation by the
Community Development Director, proponents and opponents, the heating was closed.
After due consideration of all evidence presented, the Planning Commission did find as follows
with respect to application S 97-23/UP 97-18:
An initial study was prepared for this project which concludes there are no significant
environmental impacts and a Negative Declaration has been prepared for this project.
The proposed mixed use project is consistent with the commercial land use of the General
Plan and the (C-3-S) Central Business District Zoning designation for the site. The
proposed project achieves the following objectives:
a) Restores the downtown as the civic and cultural center by creating an attractive mixed
use project in this portion of the downtown.
b) Facilitates economic viability through the introduction of new retail and office spaces.
c) Encourages a pedestrian oriented environment though the construction of pedestrian
passageways and sidewalks.
d) Provides attractive public gathering spaces through the creation of a plaza area.
e) Creates an architecturally pleasing project reflective of the traditional building styles
that exist in the downtown area.
The proposed buildings and uses, parking facilities of 51 on-site parking spaces and 12 on-
street parking spaces, sidewalk improvements and on site landscaping will result in a
project which integrates the proposed uses on with the surrounding neighborhood.
Adequate circulation has been provided on site and the site is so located on public streets to
accommodate the estimated traffic associated with the project.
The proposed project is well designed and is architecturally compatible with the
surrounding neighborhood and uses.
Planning Commission Resolution No. 3136
S 97-23/UP 97-18 - 125 E. Campbell Avenue - Abbas Haghshenas
Page 2
The proposed project meets the development standards for the C-3-S (General
Commercial) Zoning District including setback requirements, height limitations,
landscaping requirements and parking requirements.
7. The project will not create a nuisance due to noise, litter, vandalism, traffic or other factors.
The project will not significantly disturb the peace and enjoyment of nearby residential
neighborhood.
9. The project will not significantly increase the demand on city services.
10. The recommended conditions of approval and the related improvements are proportional to
the scale and size of the project.
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
The proposed project will aid in the enhancement and the harmonious development of the
immediate area. 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.
The proposed site is adequate in size and shape to accommodate the proposed uses and the
surrounding uses in the area.
The proposed project is adequately served by streets of sufficient capacity to carry the kind
and quantity of traffic such uses would generate.
The applicant is hereby notified, as part of this application, that he/she is required to meet the
following conditions is 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.
Project Approval - Approval is granted for a Conditional Use Permit( UP 97-18) and Site
and Architectural Review Permit (S 97-27) allowing development on property located at
125 East Campbell Avenue consisting of the following:
· The remodel of an existing commercial building of 6,900 square feet.
· A new two and three story mixed use building of 4500 square foot retail space and 20
apartment units and;
· A new two story office building with 2500 square feet of retail space and 3050 square
Planning Commission Resolution No. 3136
S 97-23/UP 97-18- 125 E. Campbell Avenue- Abbas Haghshenas
Page 3
feet of office space.
Project approval shall substantially comply with project plans prepared by A + Plus Design
and Engineering, dated 8/21/97, except as modified by the Conditions of Approval
contained herein.
Detailed Building Elevations
A. Revised Elevation - Applicant shall continue to work with staff on resolving the
exterior treatment on the north elevation of the Campbell Avenue Building facade. The
elevation shall incorporate material and roof designs of the Campbell Ave. frontage.
The revised elevations shall be referred to the Architectural Advisor for review and
approval by the Community Development Director, prior to issuance of building
permits.
Materials and Colors: Applicant shall work with staff upon the recommendation of the
Architectural Advisor to select specific building colors and materials for the new
buildings. The conceptual palette is considered acceptable. The roof materials and
colors shall be referred to the Community Development Director for review and
approval prior to issuance of building permits.
Approved Materials/Treatment- Applicant shall submit final sample materials
indicating pedestrian level details, hardscape, and samples of actual finishes and colors
that will be utilized on all new buildings, walkways, and courtyard areas for review
and approval by the Community Development Director.
Architectural Details- Applicant shall submit a site plan and illustrated brochures
indicating the location and design of architectural features such as outdoor furniture,
bicycle parking facilities, and planters that will utilized in the new building areas for
approval by the Community Development Director.
Final Site Plan-Elimination of Parking Space - Applicant shall submit a final site plan
indicating parking modifications for review and approval by the Community Development
Director for substantial compliance with approved plans, prior to issuance of building
permits. The final plan shall illustrate the elimination of one parking space, the retention
the existing 20" redwood tree, and the provision of a bicycle parking facility at this
location.
Parking and Driveways - All parking and driveway areas shall be developed in compliance
with the approved plans and Chapter 21.50 (Parking and Loading) of the Campbell
Municipal Code, subject to review by the Community Development Director.
Planning Commission Resolution No. 3136
S 97-23/UP 97-18 - 125 E. Campbell Avenue- Abbas Haghshenas
Page 4
On-site Lighting: On-site lighting shall be shielded away from residential uses. Details of
project lighting shall be approved by the Planning Department prior to the issuance of
building permits.
Landscape Plan:: Applicant shall submit four (4) sets of the final landscaping plan
indicating the type and size of plant material including on-site trees, planting details and
irrigation system to the Community Development Director for review and approval prior to
the issuance of building permits. Final landscape plan to be prepared consistent with the
WELS standards. The plan shall include the following:
A) Protection of existing trees to be retained consistent with the WELS standards.
B) Installation of 36 inch box street trees along the Campbell Avenue frontage and 24 inch
box street trees along the Civic center frontage.
C) Provision of irrigation and planting details.
Tree Protection: A tree protection plan prepared by a licensed arborist shall be submitted to
the Planning Division providing tree protection measures during all phases of demolition,
resurfacing, or construction.
Participation in Parking Program: The applicant shall participate in a future parking
program to the extent of 10 parking spaces, if and when a parking program and plan is
adopted for the Downtown District. It is anticipated that this program will more fully
utilize and designate on street parking facilities throughout the Downtown District as
defined by Civic Center Drive and Orchard City Drive. If the City should impose permit
parking or other parking restrictions within five years in the nearby residential
neighborhood, applicant or his successor shall provide and install any necessary signage.
10.
Signage Program - No signage is approved as part of the development applications
approved herein. The applicant shall submit a sign program indicating all signs for the site.
No sign shall be installed until such application is approved and a permit issued by the
Community Development Director as specified in Chapter 21.53. of the Zoning Ordinance
(Sign Ordinance).
11. Construction Mitigation Measures: The applicant shall implement measures as specified in
the Initial Study including the following:
Planning Commission Resolution No. 3136
S 97-23/UP 97-18 - 125 E. Campbell Avenue- Abbas Haghshenas
Page 5
1. 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..
2. No pile driving is allowed for construction of the project.
3. All internal combustion engines for construction equipment used on the site will be
properly muffled and maintained.
4. 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.
5. All active construction areas shall be watered at least twice daily.
6. Cover all trucks hauling soil and other loose materials stationed or prior to leaving the
site.
7. Pave, apply water, or apply non-toxic soil stabilizers on all unpaved surfaces, and
staging areas at the construction site.
8. Sweep daily all paved access roads, parking areas, staging areas, and adjacent public
streets as directed by the City Engineer.
9. Enclose, cover, water or apply soil binders to exposed stockpiles.
10. Install sandbags or other erosion control measures to prevent runoff to all roadways,
waterways or pubic walkways accessed by the public.
12.
Archaeological Monitoring Program: Provide an archaeological monitoring program
prepared by a qualified archaeologist to monitor all subsurface excavation and construction
for review and approval by the Community Development Director prior to the issuance of
building permits.
13.
Right-of-Way: Prior to issuance of any building permits for the site, the applicant shall
submit an application for vacation of excess public street right-of-way contiguous to the
southwesterly comer of the subject property. Applicant shall prepare all documents
necessary to submit the documents to the City for review, acceptance, and recording. The
applicant shall pay the current street vacation fee of $550.00.
Prior to issuance of any building permits, the applicant shall dedicate an additional right of
way as necessary (7 feet ) for the construction of a 10 foot City standard commercial
sidewalk along the Civic Center Drive frontage, including the required property line radius
to Third Street. Applicant shall prepare all documents necessary to submit the documents
to the City for review, acceptance, and recording.
Planning Commission Resolution No. 3136
S 97-23/UP 97-18- 125 E. Campbell Avenue- Abbas Haghshenas
Page 6
14.
Standard Street Improvements: Prior to issuance of any grading or building permits for
site, the applicant shall cause plans for public improvements to be prepared by a registered
civil engineer, pay fees, post securities and provide insurance necessary to obtain an
encroachment permit for construction of the improvements, as required by the City
Engineer. The public improvement plans shall be prepared in advance of or concurrent
with the design of the on-site (private) improvements to insure compatibility of the new
public improvement grades to the proposed on-site grades. The plans shall include the
following:
Ao
Civic Center Drive
· New standard 10 foot commercial sidewalk with street trees and irrigation at the
front of walk. Construction of planter boxes or seat walls within the new sidewalk
area as necessary to preserve the existing redwood trees.
Bo
Campbell Avenue
Removal of the existing curb, gutter, sidewalk, irrigation, paving, street lights,
drainage inlets, and related improvements as necessary to accommodate the
relocation of the face of curb on Campbell Avenue 8 feet to the north.
· Construction of new street pavement for street widening with maintenance of
existing street cross slope. Valley gutters will not be allowed.
· Construction of new curb, gutter, City standard 10 foot commercial sidewalk with
street trees and irrigation at the front of walk. Evaluate the potential of preserving
the existing magnolia trees - however new grades and protruding roots may require
the removal and replacement of these trees with other City approved street trees.
· Removal and replacement of street lights to back of new curb including new
foundations, pull boxes, conduits, and conductors.
· Signing and striping plan for Campbell Avenue including transitions to existing
striping to remain.
· New drainage design for gutter slopes to accommodate existing drainage patterns
along Campbell Avenue and construction of new storm drain inlets or facilities as
required.
Third Street
· Removal of entire existing driveway and construction of two new City standard
commercial driveways.
· Removal and replacement of broken sidewalk panels.
· Signing and striping plan for Third Street indicating proposed on-street parking and
transitions to existing and newly proposed striping on Campbell Avenue.
· Relocation and/or protection of traffic signal loops, conduits, and related facilities.
Planning Commission Resolution No. 3136
S 97-23/UP 97-18- 125 E. Campbell Avenue- Abbas Haghshenas
Page 7
15.
16.
17.
18.
19.
20.
Do
Civic Center Drive, Third Street, and Campbell Avenue
· Relocation and/or adjustment of existing utilities as required by the utility
companies and approved by the City Engineer.
· Relocation/installation of existing and proposed water meters and sewer
cleanouts on private property behind the public right-of-way line.
Grading and Drainage Plan: Prior to issuance of any grading, drainage or building permits
for the site, the applicant shall conduct hydrology studies, using a 10 year storm frequency,
prepare an engineer grading and drainage plan, and pay fees required to obtain necessary
grading permits, from the Building Division. Grades for proposed on-site improvements
must be set following the approval of the public street improvement plans. On-site
improvements shall be designed to be compatible with the new grades established for the
new public improvements surrounding the site. The plans shall comply with the 1994
edition of the UBC including Chapters 18, 33, and Appendix Chapter 33.
Completion of Public Street Improvements: Prior to issuance of occupancy approval for
the site, all public street improvements required by the encroachment permit must be
completed and accepted by the City.
Underground Utilities: All new on-site utilities shall be 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 company.
Applicant shall submit a Utility Coordination Plan and Schedule for approval by the City
Engineer for installation of all utilities. The Plan shall minimize the damage to all public
facilities.
Title Report: Provide a current Preliminary Title Report.
Storm Water Management: Comply with California Storm Water Best Management
Practices Handbook, prepared by the Storm Water Quality Task Force, Santa Clara Valley
Water District.
Garbage Collection - Trash containers of a size and quantity necessary to serve new or
modified building areas shall be located in areas approved by the Fire Department. Unless
otherwise noted, enclosures, shall consist of a concrete floor surrounded by a solid wall or
fence and have self-closing doors of a size specified by the Fire Department. All enclosures
to be constructed at grade level and have a level area adjacent to the trash enclosure area to
service these containers.
Planning Commission Resolution No. 3136
S 97-23/UP 97-18 - 125 E. Campbell Avenue - Abbas Haghshenas
Page 8
21.
Mechanical Equipment - All roof-mounted and ground level mechanical equipment on new
or remodeled structures on site which are visible from the public right of way shall be
screened with similar building materials subject to the approval of the Community
Development Director.
22.
Disabled Accessibility - All new and remodeled buildings shall provide disabled access in
accordance with the Uniform Building Code (UBC), and the Uniform Federal Accessibility
Standards (UFAS) and the Federal Americans with Disabilities Act (ADA).
23.
Parking Management Plan: Applicant shall prepare a parking management plan for review
and approval of the Community Development Director, prior to the issuance of building
permits. Management plan to provide for the reservation of 20 parking spaces for the
proposed apartments and the provision of a management and security system to ensure the
availability of such spaces between the hours of 6 p.m. to 8 a.m. Management plan to also
specifically address retail and office deliveries. A copy of the management plan to be
recorded with the property and provided with any lease or rent contract.
FIRE
24.
DEPARTMENT REQUIREMENTS
Developmental Review: Review of this proposal is limited to 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 or building
standards. Prior to performing any work, the applicant shall apply to the Building
Department for appropriate construction permits.
25.
Fire Flow: For the purposes of determining fire flow requirements, the existing building
and proposed addition are considered one 36,336 square foot building. The minimum
required fire flow based on Type V-One Hour construction is 3,500 gpm at 20 psi residual
pressure for three hours. The minimum required fire flow is available from the existing
four (4) public fire hydrants.
26.
Area Calculations: At the time of building permit submittal, the plans shall reflect
allowable area calculations, to include a sum of area ratios, for the proposed mixed use
buildings. Reflect any assumed property lines used for the purposes of calculation.
27.
Sprinkler System: As the required fire flow exceeds 2,000 gpm, an approved automatic fire
sprinkler system designed per NFPA Std. #13 (1994) shall be provided throughout all
portions of the existing building, to include the proposed addition.
28.
Fire Alarm: The residential/retail building shall be provided with an approved manual and
automatic fire alarm system designed per NFPA Std. #72 (1993), as amended in Chapter 35
of the 1995 California Building Code.
Planning Commission Resolution No. 3136
S 97-23/UP 97-18- 125 E. Campbell Avenue- Abbas Haghshenas
Page 9
29.
Fire Extinguishers: The buildings shall be provided with minimum rated 2A:10BC fire
extinguishers at a rate of one per each 3,000 square feet of floor area and within 75 feet of
travel.
30.
Fire Rating: Per meeting of 10/28/97 with applicant, applicant believes East wall of the
existing bank building is rated at "4-hour" fire resistive construction. For any credit to be
given, supply detail sheet reflecting the construction and current UL resistance rating which
most nearly describes this wall.
BUILDING DEPARTMENT REQUIREMENTS
31. Occupancies: Occupancies most closely resemble R-3 (Residential), B (Retail) and U-1
(Private Parking).
32. Occupancy Separation: Each occupancy (R-3, B and U-I) requires a one-hour horizontal
and vertical occupancy separation from one another. UBC T 3B.
33. Mezzanine: Mezzanine complies with UBC Sec. 507.
34.
Floor Area: Maximum allowable building height for Retail (B) and Residential (R-I)
occupancies is two stories with an additional story for sprinklers (Type V-N). R-1
occupancies more than two stories in height or having more than 3,000 square feet above
the first story are one hour construction. (UBC T 5-B)
35.
Floor Area: Maximum allowable floor area for B occupancies is 16,000 square feet
maximum allowable floor area for R-1 occupancies is 12,000 square feet (Type V-N, multi-
story). UBC T 5-A.
36.
Accessibility: All floor and units of the multistory residential building shall be accessible
and adaptable. The building must provide at least one accessible entrance. Title
24,1107A. 14.
37. Sound Attenuation: The residential portions of the building must comply with the sound
attenuation requirements ofUBC app 1208, subject to a report by an acoustic engineer.
38. Park In Lieu Fee: Prior to building occupancy or final, applicant to pay a park impact fee
of $112,700.00 (5,635.00 x 20 dwelling units). (Community Development)
39.
Below Market Rate Units: The applicant is hereby advised that 15 percent of the proposed
residential units (three dwelling units) shall be below market rate as defined in the
Downtown Redevelopment Plan and pursuant to the Redevelopment Agency's Housing
Policy(Redevelopment)
Planning Commission Resolution No. 3136
S 97-23/UP 97-18 - 125 E. Campbell Avenue - Abbas Haghshenas
Page 9
40.
Adjustment in Parking Standards: Approval of an adjustment in the parking standards for
this project shall not be effective until approved by the City Council.(Community
Development)
PASSED AND ADOPTED this 25~h day of November, 1997, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Francois, Gibbons, Jones, Keams, Lindstrom,
Meyer-Kennedy
None
Lowe
None
APPROVED: ~-~~
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