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PC Res 2950RESOLUTION NO. 2950 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A SITE AND ARCHITECTURAL PERMIT FOR SITE MODIFICATIONS AND A USE PERMIT FOR A HOTEL EXPANSION AND RESTAURANT USES SERVING ALCOHOL, UTILIZING SHARED ON-SITE PARKING AND PROVIDING OUTDOOR SEATING FOR PROPERTY LOCATED AT 1875 S. BASCOM AVENUE (THE PRUNEYARD). After notification and public hearing as specified by law on the application of Mr. David Word, on behalf of Pruneyard Associates, for approval of a Site and Architectural permit to reconfigure existing retail space, construct new retail space, modify on-site pedestrian and vehicular drculation, and parking and landscaping; and a Use Permit to allow hotel expansion, the sale of alcoholic beverages at restaurants, outdoor seating and the continuation of shared parking fadlities, 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 applications S 94-08/UP 94-19: The proposal is consistent with the General Plan and Zoning designations which indicate a Commercial land use for this property. The proposed site improvements of 13 percent on site landscaping and streetscape improvements adequately address the aesthetic concerns related to the project/site. The proposed parking and circulation with the recommended conditions of approval creates a project which integrates the proposed uses on site. e No substantial evidence has been presented which shows that the project, subject to conditions of approval, will have a significant negative impact on the environment. e There is no evidence before the City determining that the proposed project will have a significant negative impact on wildlife resources. e The City of Campbell has prepared an Initial Study for the project in order to determine if the project would have a significant environmental impact. Planning Commission Resolution No. 2950 S 94-08/UP 94-19 o- The Pruneyard Adopted on January 24, 1995 Page 2 Adequate on site parking and circulation has been provided for the proposed project and the commercial, office and retail uses on site. All proposed uses are compatible within the site and with adjacent land uses. Traffic improvements are required based on potential traffic conflicts as a result of the proposed project. 10. Storm drainage easement is required to address additional runoff as a result of this project. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: The proposed project, with conditions of approval, is consistent with the policies of the General Plan and the Zoning Ordinance in effect at the time of the application submittal and is consistent with uses in the immediate area. o The proposed project will aid in the enhancement and the harmonious development of the immediate area. The establishment, maintenance, or operation of the use 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 use will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City and its residents. o The proposed project with the conditions imposed, will not have a significant adverse impact on the environment and a Negative Declaration has been prepared for the project. o The proposed site is adequate in size and shape to accommodate the proposed use and site improvements. These conditions are required as related and proportional to the impacts of the project. Planning Commission Resolution No. 2950 S 94-08/UP 94-19 -- The Pruneyard Adopted on January 24, 1995 Page 3 e The proposed use (restaurants serving alcohol) will not result in an over-concentration of such uses in the area, create a nuisance, disturb the pease of nearby residents or cause a significant increase in the demand on City services because the proposed use will operate within hours allowed under the Ordinance. Further, the applicants are notified as part of this application that they are required to comply with all applicable Codes and Ordinances of the City of Campbell and the State of California which pertain to this application and are not herein specified. And, that this approval is granted subject to the following Conditions of Approval: 1. Project Approval: A. D. E. Fe Approval of this project allows the following: Site modifications, including reconfiguration and construction of retail space in accordance with plans date stamped December 29, 1994 (Exhibit A). On-site pedestrian and vehicular circulation; Reconfigured parking and landscaping; Use Permit to allow hotel expansion; and Use Permit for restaurants with outdoor seating, on site sale of alcohol and shared parking facilities. Open area food kiosk to be located in plaza adjacent to UA Cinema. Future Site Construction (Hotel Expansion and Satellites): Final plans for the hotel expansion and "satellite" retail pads are subject to review by the Site and Architectural Review Committee and approval prior to issuance of building permits. Retail pad on Campbell can be located anywhere along Campbell Avenue subject to Site and Architectural Review Committee approval. Signs A. Signage Pro,am: Applicant shall prepare a master signage program for all signs on site which are intended for the advertisement of uses within the site. Said program shall conform with the sign ordinance and shall include all wall mounted, projecting and free standing signs. All new signs shall conform to sign program in effect at the time of filing. Planning Commission Resolution No. 2950 S 94-08/UP 94-19 - The Pruneyard Adopted on January 24, 1995 Page 4 4e Be Freeway Siens: All freeway oriented signs require final approval from the City Council. Parcel Map/Parcel Consolidation: Parcel map shall be recorded which eliminates any conflicts with existing or proposed buildings and is not in conflict with any health, safety or other codes as applicable. Owner/Applicant shall also develop a formula for calculating participation in Campisi extension in conjunction with filing of parcel map. (Subject to further discussion) Public/Street Improvements: Applicant shall construct improvements found necessary by the City Engineer according to generally accepted engineering practice. Applicant shall submit existing and proposed street centerline, monuments, right-of-way lines, public street improvements and public utility facilities on all required street improvement plans as follows: Ao Campbell Avenue Sidewalk Plans: Submit street improvement plans for Campbell Avenue that include: Demolition of existing curb and gutter, portion of the roadway and street lighting system. e Construction of new concrete curb and gutter with new curb face located 10 feet southerly of existing curb face, 9.5 foot wide sidewalk and street lighting system. The design should transition to the existing curb face at the Bascom Avenue curb return to minimize changes to street improvements at the Bascom Avenue/Campbell Avenue intersection. o Pavement Striping, Markers and $ignage Plans: Submit pavement striping, markers and signage plans along Campbell Avenue to reflect proposed vehicle lanes, bicycle lanes and on-street parking associated with the relocated curb and gutter. o Relocation of Public Storm Drainage Facilities - Applicant shall undertake a study in accordance with generally accepted engineering practice to determine requirements for relocation of public storm drainage Planning Commission Resolution No. 2950 S 94-08/UP 94-19 -- The Pruneyard Adopted on January 24, 1995 Page 5 facilities, if required, to meet the conditions of approval. If required, submit storm drainage relocation plans and/or public utility relocation plans. On street improvement plans for Campbell Avenue shall include the location of existing public utilities behind existing back of curb and identify remaining utilities to be relocated, if any, relative to the proposed new face of curb. Traffic Signal Interconnect: Design and construct a traffic signal interconnect conduit below the sidewalk along Campbell Avenue with conductors connecting the existing Bascom Avenue/Campbell Avenue signal with the proposed modified signal at Campbell Avenue/Union Avenue. Extend the conduit with pull rope westerly to a new pullbox at the westerly limits of the Pruneyard parcel adjacent to the Highway 17 right-of-way. Luminaires: Install new city-provided luminaires, if necessary as determined by the City Engineer, on Campbell and Bascom Avenues (to be furnished at no cost to the developer) in conjunction with the Bascom and Campbell Avenue sidewalk improvements. Relocation of Traffic Signals and Loop Detectors: Submit plans for relocation of traffic signals and loop detectors at the Bascom Avenue/Campbell Avenue intersection if relocation of traffic signal facilities are necessitated due to proposed street improvements and conditions of approval. APPLICANT PROPOSES TO ELIMINATE THIS CONDITION. Driveway Approaches: Relocate the two existing westerly Campbell Avenue driveway approaches (northbound into Pruneyard and southbound from Pruneyard) to a combined driveway with a fully signalized intersection at Union Avenue. Replace existing driveways with curb, gutter and sidewalk to conform to proposed Campbell Avenue street improvements. APPLICANT PROPOSES TO ELIMINATE THIS CONDrrION. Boulevard Treatment/Bascom Avenue: Submit plans for review and approval of the Planning and Public Works Departments for construction of Bascom Avenue boulevard treatments that include construction/modification of concrete sidewalks, street trees, landscaping and irrigation in Planning Commission Resolution No. 2950 $ 94-08/UP 94-19 -- The Pruneyard Adopted on January 24, 1995 Page 6 Go Ko conformance with the City's Streetscape Policy. Bascom Avenue (Northern) Driveway Modifications: Submit engineered design plans for two northbound left turn lanes from the site. Design to include: loop detectors, sidewalks and street striping and landscaped pedestrian median. Construction of improvements shall be provided by the City at the City's expense. Speed Bumps: Submit plans showing the location and replacement of all on-site speed bumps with City-approved speed undulations (speed bumps). Relocate Bascom Avenue Driveway: Relocate the existing southerly Bascom Avenue driveway approximately 160 feet northerly. Replace existing driveway approach with curb, gutter and sidewalk to conform to Bascom Avenue boulevard treatment design. Underground Utilities: Install new on-site utilities underground per Section 20.36.150 of the Campbell Municipal Code for any new or remodeled buildings. Provide evidence from all utility companies that the proposed development modifications can be served. Comply with the plan submittal, permit and fee requirements of the utilities associated with new or modified service connections. Grading and Drainage Plans: All grading plans shall meet City standards as deemed appropriate for the proposed development. A grading permit shall be issued in conjunction with building permits. Plans: Submit grading and drainage plans with hydrology and hydraulic calculations for existing on-site drainage improvements and for proposed on-site grading improvements showing proposed pad elevations of new structures, existing and proposed on-site and off-site grading and storm drainage systems and controlled site drainage onto public right-of-way. Planning Commission Resolution No. 2950 $ 94-08/UP 94-19 -- The Pruneyard Adopted on January 24, 1995 Page 7 o No Grading/Erosion Control Plans: Submit final grading, grading and erosion control plans to the Planning and Public Works Departments for approval prior to issuance of building or grading permits. Storm Drainage Easement: Record a 20-foot wide storm drainage easement parallel and immediately adjacent to the westerly boundary of the Pruneyard. Encroachment Permits: Submit application for an encroachment permit(s), pay fees and post surety for all construction within the City's right-of-way. National Pollutant Discharge Elimination Permit (NPDES): Be advised that the Regional Water Quality Control Board will require that all construction on sites larger than five acres will require the project to be covered by a National Pollutant Discharge Elimination (NPDES) permit. Permit conditions may require construction and post-construction storm water management plans. The applicant is responsible for obtaining this permit, providing plans and paying associated fees. Utilities: All utilities and utility pedestals for new or modified building areas shall be diagramed on a site utility plan indicating the location of the pedestals and how the equipment will be screened prior to the installation of any utility pedestals (transformers) on site, subject to the review and approval by the Community Development Director. Site Plan A. Final Site Plan: All final site plans including satellite pad locations, and location of pedestrian walkway and landscaping, shall be submitted to the City for review and subject to approval by the Community Development Director for substantial compliance with approved plans prior to issuance of building permits. Development Schedule: Applicant shall begin construction within one (1) year of final approval. Planning Commission Resolution No. 2950 $ 94-08/UP 94-19 -o The Pruneyard Adopted on January 24, 1995 Page 8 o o Co Do Parking and Striping: Consistent site parking striping (either 60, 75 or 90 degree angled parking) within specified areas. Parking and Driveways;. All parking and driveway areas shall be developed in compliance with Chapter 21.50 of the Campbell Municipal Code, including parking modifications as approved by Pedestrian Connections: Applicant shall install pedestrian walkway connections from the public right of way as indicated on the site plan. Site plan shall reflect site improvements including pedestrian connections throughout the site. Fo Future Development: Applicant shall obtain a Special Development Permit from the City Council for all future development occurring in the Office (O) Overlay zone. Dedication to City: Applicant shall dedicate additional right of way on Bascom Avenue to back of sidewalk and record proper right of way to City as specified by the Public Works Department. Area to be dedicated shall include the 10-foot wide landscaped parkway and the 7-foot wide public sidewalk. 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. New Ao Retail Building Elevations Building Design: Applicant shall continue to work with staff on resolving articulation of building facade to provide consistency of building elements and details within the retail center. Exterior facade details shall be resolved prior to issuance of building permits. Building Treatment: Applicant shall submit plans indicating pedestrian level building treatment, colors and materials. Plans shall include architectural features such as street furniture, bicycle parking facilities, landscape planters, windows, and the like. These plans shall be consistent with the center and City of Planning Commission Resolution No. 2950 S 94-08/UP 94-19 - The Pruneyard Adopted on January 24, 1995 Page 9 10. 11. 12. 13. Campbell design and development standards, and are subject to review and approval by the Community Development Department. Demolition Permit: Applicant is required to obtain a building permit, subject to review and approval by the Building Official prior to issuance of a demolition permit unless otherwise approved by the Building Official. Handicapped Accessibility: All new and remodeled buildings shall provide handicap access in accordance with the Uniform Building Code (UBC), and the Uniform Federal Accessibility Standards (UFAS) and the Federal Americans with Disabilities Act (ADA). 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. Fire Protection A. Warehouse/Retail: All new or remodeled buildings shall comply with requirements of the Central Fire District. Applicant shall provide Fire sprinklers and Type V- one hour construction for the new warehouse retail, as permitted for allowable area increases. UBC 506 A. Be Hotel Expansion: All new construction shall provide one (1) hour fire resistive construction for all walls and floors of the new hotel expansion. UBC 1202 B. Area Separation/Hotel Expansion: All new construction shall provide an area separation for the new hotel expansion as required subject to allowable area increases for the existing hotel. UBC 506 A. Do Exiting Requirements: All new and renovated tenant spaces (units) with retail occupancies that allow 50 or more persons based on 30 sq. ft. per occupant must show two means of egress separated by one half of the overall diagonal dimensions of served area. UBC chapter 3303 - Table 33A Planning Commission Resolution No. S 94-08/UP 94-19 -- The Pruneyard Adopted on January 24, 1995 Page 10 2950 14. Landscaping A. Site Landscape Plan: Applicant shall provide the required 10% landscaping on site per the zoning ordinance. All landscaping shall satisfy the City's Water Efficient Landscape (WELS) standards. All landscape plans shall be submitted to the City for review and subject to approval by the Community Development Director. Bo Tree Wells: Applicant shall install 15-gallon shade trees in designated locations on site in all perimeter parking areas of a size and type acceptable to the City in conformance with the approved site plan. Co Tree Protection Plan: Applicant shall provide tree protection plan indicating trees to be protected and maintained on site. Streetscape Trees and Landscaping: All street trees shall be installed and maintained in accordance with the Streetscape Guidelines for Bascom and Campbell Avenues including the size and type as specified by the City and approved on the final site plan. Eo Northwest Corner: Applicant shall install landscaping from Creek Trail Access to hotel expansion along northern property line. Improvements shall include pedestrian connection from Creek Trail into site. 15. Site Construction A. Construction and Equipment: Applicant shall utilize construction equipment which adequately muffles noise in accordance with Section 18.02.030 of the City of Campbell Municipal Code. Construction activities and construction equipment shall comply with all air quality emission policies as determined by the Bay Area Air Quality Management District and the Building Official for the City of Campbell. Planning Commission Resolution No. 2950 S 94-08/UP 94-19 - The Pruneyard Adopted on January 24, 1995 Page 11 Bo Construction Activities: 1. Hours of construction shall be limited to 8 a.m. to 5 p.m., Monday - Friday. (APPLICANT SEEKS A CONSTRUCT- ION START TIME OF 7 a.m. AND APPROVAL OF SAT- URDAY CONSTRUCTION HOURS FROM 7 a.m. to 5 p.m.) o The construction site shall be sprinklered with water, as necessary, but not less than twice per day, in areas of new construction or grading where dirt is exposed, to control dust. Haul trucks and material stockpiles shall be covered. The construction area and surrounding streets shall be swept as necessary, but not less than once daily. All areas shall be adequately fenced for safety per the Building Offidal. 16. Liquor Licenses: Approval is granted to allow the serving of alcoholic beverages (including beer and wine) with meals, at existing or future sit-down restaurants as designated on the approved site plan. PASSED AND ADOPTED this 24th day of January, 1995, by the following roll call vote: AYES: Commissioner: NOES: Commissioner: ABSTAINED: Commissioner: ABSENT: Commissioner: