PC Res 2958RESOLUTION NO. 2958
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A SITE AND
ARCHITECTURAL APPLICATION FOR A 6,000 SQUARE FOOT
RETAIL/OFFICE BUILDING LOCATED ON PROPERTY AT 480
HARRISON AVENUE IN A C-1-S (NEIGHBORHOOD
COMMERCIAL) ZONING DISTRICT. APPLICATION OF MR. SAM
MALINIAK, ON BEHALF OF ESCOBAR JEWELERS. FILE NO. S
95-01.
After notification and Public Hearing as specified by law on the above-
referenced application as per the application filed in the Planning Department
on February 13, 1995, and, after presentation by the Community Development
Director, proponents and opponents, the hearing was dosed.
After due consideration of all evidence presented, the Planning Commission
did find as follows with respect to File No. S 95-01:
The proposal is consistent with the General Plan and Zoning for the site.
The proposed parking adequately addresses the parking needs of the
proposed uses.
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.
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.
There is a reasonable relationship between the fee imposed for the
widening of the Salmar Avenue and Hamilton Avenue intersection and
the type of development proposed in that additional traffic generated by
this project will contribute toward degrading the level of service of the
intersection of Salmar Avenue and Hamilton Avenue below acceptable
City standards.
There is a reasonable relationship between the amount of the traffic fee
and the cost of the public improvement, in that the fee roughly
represents the proportion of the total cost of the intersection widening
that the trips generated by the proposed use bears to the total trips
generated by uses in the area.
Planning Commission Resolution No. 2958
S 95-01 - 480 Harrison Avenue
Page 2
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Project related traffic will not have a significant negative impact on
Harrison Avenue.
The project is of an appropriate scale and design and is compatible with
the exiting commercial and residential development in the area.
The proposed uses are compatible with the adjacent land uses.
Based upon the foregoing findings of fact, the Planning Commission
concludes that:
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The establishment, maintenance, or operation of the use applied for 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 project, with the conditions of approval, is consistent with
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.
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The proposed project is consistent with the General Plan and Zoning of
the site and will aide in the harmonious development of the immediate
area.
The proposed project with the conditions and mitigation measures
imposed, will not have a significant adverse impact on the environment
and a Mitigated Negative Declaration has been prepared for the project.
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The project site is adequate in size and shape to accommodate the
proposed use and site improvements.
The conditions of approval are required as related and proportional to
the impacts of the project.
Approval is effective ten days after decision of approval of the Planning
Commission, unless an appeal is filed, subject to the following Conditions of
Approval:
Planning Commission Resolution No. 2958
$ 95-01 -- 480 Harrison Avenue
Page 3
Approved Project
This approval is for a 6,100 square foot retail/office building located on a
19,000 square foot site identified as Assessors Parcel Numbers 279-33-
29,30,33. Development shall be substantially as shown on the project
materials listed below, except as may be modified by the conditions
contained herein:
Project drawings for Joe Escobar Diamonds consisting of six sheets:
1. Sheet Al.1 A2.1, A2.2 and A2.3 -- Site plan, floor plans and
mechanical equipment screen dated February 27, 1995
2. Sheet LI.1 -- Landscape plans date January 26, 1995
3. Elevations dated March 9, 1995
b. Materials board dated February 10, 1995
Landscaping
The applicant shall submit a revised landscape plan indicating the
following modifications to the Community Development Department
for review and approval prior to the issuance of building permits:
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One additional tree shall be provided in both the parkway and the
landscape buffer along Hamilton Avenue, as redlined on the
landscape plans to comply with the streetscape standards. All street
trees shall be installed and maintained in accordance with the
Streetscape Guidelines for Hamilton Avenue including the size and
type specified by the City and approved in the final site plan.
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The existing 12" diameter trees located at the edge of curb shall be
retained if possible. Removal of said trees shall require approval of
the Community Development Department. If removed, trees shall
be replaced with 24" box trees per the Water Efficient Landscape
Standards (WELS).
Replacement trees listed on sheet LI.1 of the Landscape plans shall
be 24" box trees as required by WELS.
All retained trees shall be protected in accordance with the
requirements of WELS. A tree protection plan shall be submitted to
the Community Development Department prior to the issuance of
building permits.
Planning Commission Resolution No. 2958
S 95-01 - 480 Harrison Avenue
Page 4
The final landscape plan shall include an automatic irrigation
system for the site. Irrigation to the streetscape improvements,
including the parkway along Hamilton Avenue and the tree wells
on Harrison Avenue, shall tie into the on-site landscaping
irrigation system to ensure establishment of landscape materials
and improvements.
Eliminate the parking stall east of the building to be consistent with
the site plan and replace the paving in this area with landscaping.
Maintenance of Landscaping
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Upon completion of the landscaping, the maintenance of the
parkway along Hamilton Avenue and the tree wells along Harrison
Avenue, as well as on-site improvements is the sole responsibility
of the applicant/property owner. All landscaping shall be
maintained in healthy, growing condition. Any plants or trees that
die shall be replaced by a similar species, subject to approval of the
Community Development Department.
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Applicant/property owner shall record a deed restriction in a form
acceptable to the City Attorney providing the following:
(1)
That the maintenance of the streetscape improvements on
Hamilton Avenue as well as on-site improvements is the sole
responsibility of the applicant/property owner.
(2)
Per Chapter 11.08.150 of the Campbell Municipal Code, the
applicant/property owner shall be responsible for watering
street trees on Harrison Avenue abutting the site.
Construction Mitigation Measures
The conditions below shall be indicated on the construction plans:
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Hours of construction shall be limited to 8 a.m. To 5 p.m. Monday
through Friday. No construction activities shall take place on
Saturday's, Sunday's or holiday's.
Planning Commission Resolution No. 2958
S 95-01 -- 480 Harrison Avenue
Page 5
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No trucks arriving to the project site or leaving the site shall be
permitted to use Harrison Avenue. All trucks shall enter and leave
the site via Hamilton Avenue.
Lighting Plan
The applicant shall submit details on the location and type of on-site
lighting for review and approval of the Community Development
Department prior to the issuance of building permits. Lighting shall not
spillover onto adjoining properties.
Utility Connections
Applicant to submit a plan to the Community Development
Department, prior to the installation of Pacific Gas and Electric
transformer boxes and San Jose Water Company backflow preventors,
indicating the location, and if necessary screening, of these devices for
review and approval of the Community Development Department.
Equipment Screening
All roof-mounted and ground level mechanical equipment which are
visible from the public right-of-way shall be screened subject to approval
of the Community Development Department.
Signs
A sign application shall be submitted to the Community Development
Department in accordance with provisions of the Sign Ordinance for all
signs. No sign shall be permitted until application is approved and a
permit issued. Project signing as presented on plans are not approved.
Demolition Permit
All existing structures shall be demolished or removed prior to
recordation of the final map. Alternatively, the applicant may post a
surety in an amount sufficient to cover the cost of demolition, removal
and cleanup of the demolished structures and the site. The surety shall
guarantee removal of the structures within six months of final map
recordation.
Planning Commission Resolution No. 2958
S 95-01 -- 480 Harrison Avenue
Page 6
10. Trash Enclosure
Trash containers of a size and quantity necessary to serve the project
shall be located in areas approved by the Central Fire District. Unless
otherwise noted, enclosures shall consist of a concrete floor surrounded
by a solid wall or fence and have self-dosing doors of a size specific by the
Central Fire District. All enclosures are to be constructed at grade level
and have a level area adjacent to the trash enclosure area to service these
containers.
11. Garbage Collection
Ordinance No. 782 of the Campbell Municipal Code stipulates that any
contract for the collection and disposal of refuse, garbage, and rubbish
produced within the limits of the City of Campbell shall be made with
Green Valley Disposal Company.
12. Property Maintenance:
The applicant is hereby notified that the property is to 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 & 11.414, 1985 Ed. Uniform
Fire Code.
13. Traffic Mitigation
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Within one year from the date of this approval, the applicant shall
prepare traffic counts, in a manner approved by the Traffic
Engineer, for the project or pay a fee not to exceed $500.00 to the City
of Campbell Public Works Department to conduct traffic counts.
Based on the number of trips generated during the peak hour to the
site identified by the traffic counts, the applicant shall pay a prorated
fee for the widening of the Salmar Avenue/Hamilton Avenue
intersection, as per the following formula.
Planning Commission Resolution No. 2958
S 95-01 - 480 Harrison Avenue
Page 7
F = ($188,000) x (T-3)
429+(T-3)
F= Fee in Dollars
T= Average daily trips during p.m. peak hour, counted.
(T-3) = Average trips during the p.m. peak hour, less 3 trips for
existing single family homes.
429 = Trips generated by Breuners in the peak hour.
14. Fencing Plan
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A fencing plan shall be submitted for review and approval of the
Community Development Department prior to issuance of building
permits. The plan shall contain details on the design of all fencing.
Location of fencing shall be as shown on the approved site plan.
The applicant shall obtain approval from Home Depot prior to the
removal of the wall along the western portion of the site. Removal
shall be as specified by the City of Campbell and Home Depot.
15. Subdivision and Land Development
The applicant shall comply with Title 20 of the Municipal Code
concerning Subdivision and Land Development.
16. Streets and Sidewalks:
The applicant shall comply with Title 11 of the Municipal Code
concerning Streets and Sidewalks.
17. Standard Specifications & Details:
The applicant shall comply with the City of Campbell Standard
Specifications and Details for Public Works Construction.
18. Security:
All public improvements, proposed with the Site and Architectural
application, or required by adopted conditions of approval, shall be
guaranteed by cash bonds, letters of credit, or other legal instruments
acceptable to the City Attorney and City Council.
Planning Commission Resolution No. 2958
S 95-01 -- 480 Harrison Avenue
Page 8
19. Agreement:
20.
The applicant shall execute and complete, to the satisfaction of the City
Attorney and City Engineer, the City of Campbell's Standard Agreement
for construction of public improvements.
Sewers:
The applicant shall install a sanitary sewerage system to serve all lots in
conformance with the requirements of the West Valley Sanitation
District.
21. Water Service:
22.
The applicant shall install a water distribution system to serve all lots in
conformance with the requirements of the San Jose Water Company.
Fire Hydrants:
Fire hydrants and appurtenances shall be provided and installed at the
locations specified by the Fire Marshall of the Central Fire District.
23. Storm Drain Area Fee:
The applicant shall pay storm drainage area fees at the rate of $2,340 per
acre.
24. Title Report:
The applicant shall furnish a copy of a current Preliminary Title Report.
25. Dedications:
The applicant shall dedicate additional right-of-way and utility
easements as required for public streets and public utilities. Dedicate
right-of-way for Hamilton Avenue to 67 feet south from centerline
including 20 radius at return of Harrison Avenue.
Planning Commission Resolution No. 2958
$ 95-01 - 480 Harrison Avenue
Page 9
26. Grading/Drainage Plan:
The applicant shall provide final grading and drainage plans for
approval by the City Engineer.
27. Encroachment Permit:
The applicant shall obtain an encroachment permit, pay fees and
deposits for all work in the public right-of-way.
28. Final Map:
The applicant shall submit a Final Parcel Map to combine the three
parcels for review and approval by the City Engineer.
29. Street and Related Improvements:
Right-of-way dedication, traveled way, structural section, curb, gutters,
asphalt concrete overlay, pavement seal coats, sidewalks, street lights,
landscape, and related improvements shall be provided as follows:
A. Hamilton Avenue:
1. Remove existing
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sidewalk including existing sidewalk
transition located at 480 E. Hamilton Avenue.
Construct new sidewalk to new alignment including portion of
the sidewalk at 480 E. Hamilton Avenue.
Provide and plant trees, shrubs, ground covers, sod, materials,
and install irrigation systems within the public right-of-way.
Harrison Avenue:
1. Remove existing driveways and reconstruct curb and gutter.
2. Construct new commercial driveway.
3. Construct new commercial sidewalk with tree wells adjacent to
existing sidewalk, new sidewalk to match existing sidewalk in
color and texture.
4. Remove and reconstruct existing wheelchair ramp.
5. Plant street trees and install irrigation systems in tree wells in
accordance with City standards.
Planning Commission Resolution No. 2958
S 95-01 -- 480 Harrison Avenue
Page 10
30. Storm Water Design:
Street, grading, and drainage improvement plans shall be designed for a
10 year storm frequency.
31. Completion Prior to Occupancy:
The construction of all required off-site and on-site improvements,
including but not limited to landscaping, sewer, water, curb and gutters,
paving, drainage facilities, and other required improvements shall be
completed prior to occupancy of any structure and/or the subdivider
shall enter into an agreement, acceptable to the City, insuring the
construction of such improvements within eighteen months of formal
approval by the City.
32. Geotechnical Hydrology Studies:
The subdivider shall submit a soils report, geological and hydrology
studies, and hydraulic calculations, as required by the City Engineer,
prior to approval of the Grading Plan.
33. Utility and Security:
All proposed improvements, including those improvements required by
the conditions of approval, public and private, including
undergrounding of all electrical, telephone, CATV, or other overhead
servicing facilities and electrical transformers, to be installed in
accordance with the provisions of Section 20.36.150 of the Municipal
Code. Improvements shall be guaranteed by cash, letters of credit, or
other security acceptable to the Public Works Director. The procedure
and timing for undergrounding shall be established by the Public Works
Director.
34. Dust Control:
The measures below shall be followed to control of dust and wind
erosion. Said mitigation measures shall be depicted on the construction
plans.
All exposed or disturbed soil surfaces shall be water as necessary, but
not less than twice daily, to control dust.
Planning Commission Resolution No. 2958
$ 95-01 - 480 Harrison Avenue
Page 11
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Areas of digging and grading Operations shall consistently watered
to control dust.
Grading or other dust-producing activities shall be suspended
during periods of high wind when dust is readily visible in the air.
Stockpiles of soil, debris, sand, or other dust-producing materials
shall be watered or covered.
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The construction area and the surrounding streets shall be swept as
necessary, but not less than once daily.
35. Utility Undergrounding
Prior to occupancy, all electrical, telephone, CATV, or other overhead
servicing facilities, shall be installed underground in accordance with the
provisions of Section 20.36.150 of the City of Campbell Municipal Code.
36. Registered Civil Engineer:
Plans for street improvements, grading and drainage, shall be prepared
by a Civil Engineer licensed in the State of California and approved by
the City Engineer.
37. Streetscape
Landscape and related improvements shall be installed in accordance
with the City of Campbell Streetscape Standards.
38. American Disability Act:
All improvements shall conform to the requirements of the American
Disability Act.
39. Fire Protection
Provide an automatic fire sprinkler system throughout all portions
of the building.
Planning Commission Resolution No. 2958
S 95-01 -- 480 Harrison Avenue
Page 12
b. Provide a fire department key box (Knox).
Provide fire sprinkler alarm system monitoring by an approved
Central Station.
40. Parking Lot Sweeping
Sweeping of the parking lot with blowers, sweeping trucks, or other
similar generating equipment shall not take place before 7 a.m. or after
11 p.m. The site may be swept manually or litter picked up prior to 7
a.m. or after 11 p.m. if the activity does not generate enough noise to
change the local ambient noise level.
PASSED AND ADOPTED this 28th day of March, 1995, by the following roll
call vote:
AYES: Commissioners: Alne, Kearns, Lindstrom, Lowe, Meyer-
Kennedy, Perrine
NOES: Commissioners: None
ABSENT: Commissioners: Higgins
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