PC Res 4014RESOLUTION NO. 4014
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL GRANTING A SITE AND ARCHITECTURAL
REVIEW PERMIT (PLN2010-271) TO ALLOW THE REMODEL OF AN
EXISTING 5,400 SQUARE FOOT COMMERCIAL BUILDING; TO
CONSTRUCT A NEW 4,971 SQUARE FOOT ADDITION TO THE
EXISTING BUILDING; TO FORWARD A RECOMMENDATION TO THE
CITY COUNCIL TO ADJUST THE OFF-STREET PARKING
REQUIREMENTS; AND TO ALLOW THE CONSTRUCTION OF A
TRASH ENCLOSURE ON THE ADJACENT CITY PARKING LOT; ON
PROPERTY LOCATED AT 276 E. CAMPBELL AVENUE WITHIN THE C-
3 (CENTRAL BUSINESS DISTRICT) ZONING DISTRICT. APPLICATION
OF IMWALLE PROPERTIES (ODDWALLE CAMPBELL, LLC).
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 PLN2010-271
Environmental Finding
1. The project qualifies as a Categorically Exempt project per 15303 (c) of the California
Environmental Quality Act (CEQA) pertaining to the construction of new commercial
buildings not exceeding 10,000 square feet in urbanized areas.
Evidentiary Findings
2. The project site is zoned C-3 (Central Business District) on the City of Campbell Zoning
Map.
3. The project site is designated Central Commercial on the City of Campbell General Plan
Land Use Map.
4. The project site is located at the southeast corner of Campbell Avenue and First Street.
5. The proposed project will be compatible with the C-3 (Central Business District) and the
Downtown Campbell Development Plan and Standards with approval of a Site and
Architectural Review Permit.
6. The off-street parking requirements are recommended for City Council approval which
will be held at a subsequent meeting.
7. 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.
Planning Commission Resolution No. 4014
PLN2010-271 - 276 E. Campbell Avenue -Site and Architectural Review Permit
Page 2
8. There is a reasonable relationship and a rough proportionality between the Conditions of
Approval and the impacts of the project.
9. There is a reasonable relationship between the use of the fees imposed upon the project
and the type of development project.
Based upon the foregoing findings of fact and pursuant to Campbell Municipal Code Sec.
21.42.060(8), the Planning Commission further finds and concludes that:
10. The project will be consistent with the general plan;
11. The project will aid in the harmonious development of the immediate area; and
12. The project is consistent with applicable adopted design guidelines.
THEREFORE, BE IT RESOLVED that the Planning Commission grants a Site and
Architectural Review Permit (PLN2010-271) to allow the remodel of an existing 5,400 square
foot commercial building; to construct a new 4,971 square foot addition to the existing
building; to forward a recommendation to the City Council to adjust the off-street parking
requirements; and to allow the construction of a trash enclosure on the adjacent City parking
lot; on property located at 276 E. Campbell Avenue within the C-3 (Central Business
District) Zoning District.
The applicant is hereby notified, as part of this application, that he/she is required to meet
the following conditions in accordance with the ordinances of the City of Campbell and the
State of California. Where approval by the Community Development Director, 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
item under review. Additionally, the applicant is hereby notified that he/she is required to
comply with all applicable Codes or Ordinances of the City of Campbell and the State of
California that pertain to this development and are not herein specified:
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
1. Approved Project: Approval is granted for a Site and Architectural Review Permit
(PLN2010-271) to allow to allow the remodel of an existing 5,400 square foot commercial
building and the construction of a new 4,971 square foot addition to the building, a
recommendation to the City Council to adjust the off-street parking requirements, and the
construction of a trash enclosure on the adjacent City parking lot. The project shall
substantially conform to the revised project plans and color/material board stamped as
received by the Planning Division on February 28, 2011 except as may be modified by
the conditions of approval herein.
Planning Commission Resolution No. 4014
PLN2010-271 - 276 E. Campbell Avenue -Site and Architectural Review Permit
Page 3
2. Permit Expiration: The Site and Architectural Review Permit approval shall be valid for
two years from the date of final approval (March 8, 2013). Within this two-year period an
application for a building permit must be submitted. Failure to meet this deadline will
result in the Site and Architectural Review Permit being rendered void.
3. Planning Final Required: Planning Division clearance is required 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. Parking Adiustment: A Parking Adjustment must receive City Council approval as it
directly relates to the Site and Architectural Review Permit decision. If the City Council is
unable to approve the Parking Adjustment, the Site and Architectural Review Permit shall
be returned to the Planning Commission for reconsideration of an alternative plan that
resolves the parking issues.
Commemorative Plaque: Prior to the issuance of a building permit, an appropriate
location shall be approved on-site for a plaque commemorating the Odd Fellows' place in
history. Prior to granting occupancy, the type of plaque, type of pedestal or mounting,
and specific language to be engraved on the plaque shall be approved by the Community
Development Director.
6. Recognition of Downtown Special Events: The applicant acknowledges awareness of
both routine and special community events that occur in the Downtown including but not
limited to the weekly Farmer's Market on Sunday mornings; periodic events like the Wine
Walks and Art Walks; and annual events including the Bunnies and Bonnets Parade,
Boogie on the Bayou, Oktoberfest and Holiday Event.
7. Final Landscaping Plan: The applicant shall submit a final landscape and irrigation plan
with the building permit construction plans in compliance with the City's Water Efficient
Landscape Guidelines.
Grading Plan: The building permit construction plans shall include a grading and
drainage plan prepared by a qualified engineer indicating actual (not assumed) existing
and proposed grades relative to existing grade and showing management of on-site
drainage, for review and approval by the Community Development Director. The existing
grade shall be modified by the minimum necessary to ensure proper drainage as
determined by the Community Development Director.
9. Height Measurements: The height measurements on the elevation sheets shall be
revised on the building permit construction plans to be consistent with the grading and
drainage plan.
10. Detail Drawings: The building permit construction plans shall include detail drawings
("cut-sheets") of the architectural elements, as required by the Planning Division.
Planning Commission Resolution No. 4014
PLN2010-271 - 276 E. Campbell Avenue -Site and Architectural Review Permit
Page 4
11. Parking: All parking and driveway areas shall be maintained in compliance with the
standards in Section 21.10.060 (C-3 Zoning District) and Chapter 21.28 (Parking &
Loading) of the Campbell Municipal Code.
12. Compliance with Other Regulations: The applicant shall comply with all state, county,
and city regulations and laws that pertain to the proposed project.
13. On-Site Lighting: 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
proposed exterior lighting for the project shall be reviewed by the Community
Development Director prior to installation of the lighting for compliance with all applicable
Conditions of Approval, ordinances, laws and regulations. The Director will have the
authority to reject, approve or request modifications to the lighting design to achieve
these goals.
14. Future Awnings: All future awnings shall be reviewed by the Community Development
Director prior to issuance of a Building Permit to determine consistency with the
building's architecture and with City's goals, policies and development standards. The
Director will have the authority to reject, approve or request modifications to the awning
design to achieve these goals.
15. Future Exterior Heaters: All future exterior heaters shall be reviewed by the Community
Development Director prior to issuance of a Building Permit to determine consistency
with the building's architecture and with the City's goals, policies and development
standards. The Director will have the authority to reject, approve or request modifications
to the heater design to achieve these goals.
16. Base Treatments: Prior to submittal for building plan check, the building elevations shall
be modified to include at least two different base treatments, with different heights, that
incorporate durable materials (other than stucco/plaster). The Director will have the
authority to reject, approve or request modifications to the base treatment design to
achieve the City's goal of differentiating the building's facades.
17. Solar Panels: The applicant is encouraged to incorporate solar panels on the flat roof of
this building.
18. Outdoor Seating Area Railing Design: Prior to submittal for building plan check, the
outdoor seating area railing design will be finalized by the applicant and approved by the
Community Development Director. The Director will have the authority to reject, approve
or request modifications to the railing design to achieve the City's goal of relating this
patio area to the greater Downtown area.
19. Si na e: No building signs have been considered as part of this Site and Architectural
Review Permit. Future signage shall be considered pursuant to applicable City
development standards and processes.
Planning Commission Resolution No. 4014
PLN2010-271 - 276 E. Campbell Avenue -Site and Architectural Review Permit
Page 5
20. Construction Activities: The applicant shall abide by the following requirements during
construction:
a. The project site shall be posted with the name and contact number of the lead
contractor in a location visible from the public street prior during all periods of
construction.
b. 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.
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.
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. Use standard dust and erosion control measures that comply with the adopted Best
Management Practices for the City of Campbell.
Building Division
21. Permits Required: A building permit application shall be required for the proposed
remodel of and addition to the (e) commercial structure. The building permit shall include
Electrical/Plumbing/Mechanical fees when such work is part of the permit.
22. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet
of construction plans submitted for building permit.
23. Size of Plans: The minimum size of construction plans submitted for building permits
shall be 24 in. X 36 in. Applicant shall also submit (1) reduced size 11 "x 17" copy of plans
and submit any necessary revision sheets for this copy as required.
24. 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.
25. 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.
26. Site Plan: Application for building permit shall include a competent site plan that
identifies property and proposed structures with dimensions and elevations as
appropriate. 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. 4014
PLN2010-271 - 276 E. Campbell Avenue -Site and Architectural Review Permit
Paae 6
27. 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
28. Title 24 Energy Compliance: California Title 24 Energy Compliance forms shall be blue-
lined on the construction plans. 8'/2 X 11 calculations shall be submitted as well.
Compliance with the Standards shall be demonstrated for conditioning of the building
envelope and lighting of the building.
29. 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.
30. Non-point Pollution Control Program: 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.
31. 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.
32. 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.
33. Approvals Required: The project requires the following agency approval prior to
issuance of the building permit:
a. West Valley Sanitation District (378-2407)
b. Santa Clara County Fire Department (378-4010)
c. School District:
i) Campbell Union School District (378-3405)
ii) Campbell Union High School District (371-0960)
iii) Moreland School District (379-1370)
iv) Cambrian School District (377-2103)
Planning Commission Resolution No. 4014
PLN2010-271 - 276 E. Campbell Avenue -Site and Architectural Review Permit
Page 7
Note: To determine your school district, contact the offices identified above or
visit: htto~//www sccoe.k12.ca.us/resourcesfamilies/districtlocator. Obtain the
School District payment form from the City Building Division, after the Division has
approved the building permit application.
d. Bay Area Air Quality Management District (Demolitions Only)
34. P.G. &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
process. Applicant should also consult with P.G. and E. concerning utility easements,
distribution pole locations and required conductor clearances.
35. Construction Fencing: This project shall be properly enclosed with construction fencing
to prevent unauthorized access to the site during construction and disruption to the
pedestrian sidewalks. The construction site shall be secured to prevent vandalism
and/or theft during hours when no work is being done.
36. Build it Green: Applicant shall complete and submit a "Build it Green" inventory of the
proposed new single family project prior to the issuance of a building permit.
37. CAL Green for Commercial Buildings: This project is subject to the mandatory
requirements for commercial structures under the 2010 California Green Building Code.
Applicant is advised to obtain and review copies of the requirements to assist in the
development and planning process of this project. Copies of the Cal Green Code can be
found at: http://www.documents.dgs.ca.gov/bsc/CALGreen/2010 CA Green Bldg.pdf
Public Works Department
38. Grading and Drainage Plan: Prior to issuance of any grading or building permits for the
site, the applicant shall conduct hydrology studies based on a ten-year storm frequency,
prepare an engineered grading and drainage plan, and pay fees required to obtain
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.
39. 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, currently set at $2,650 per net
acre, which is $970.
40. 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.
Planning Commission Resolution No. 4014
PLN2010-271 - 276 E. Campbell Avenue -Site and Architectural Review Permit
Page 8
41. 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.
42. 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.
43. 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. E.
Campbell Avenue nor S. First Street have been reconstructed or overlaid in the last 5
years. The pavement restoration plan shall indicate how the street pavement shall be
restored following the installation or abandonment of all utilities necessary for the project.
44. Street Improvements: Prior to issuance of any grading or building permits for the site, the
applicant shall execute a street improvement agreement, cause plans for public street
improvements to be prepared by a registered civil engineer, pay various fees and
deposits, post security and provide insurance necessary to obtain an encroachment
permit for construction of the standard public street improvements, as required by the
City Engineer. The plans shall include the following, unless otherwise approved by the
City Engineer:
a. Show location of all existing utilities within the new and existing public right of way.
b. Relocation of all existing utilities including utility boxes, covers, poles, etc. outside of
sidewalk area. No utility boxes, covers, etc. will be allowed in the sidewalk area.
c. Removal of existing driveway approaches and necessary sidewalk, curb, gutter and
bicycle rack.
d. Installation of City standard curb, gutter, sidewalk, bicycle rack and ADA compliant
driveway approach. The existing driveway approach on E. Campbell Avenue shall be
replaced with sidewalk. The existing driveway approach on S. First Street shall be
replaced with an ADA compliant driveway approach.
e. Installation of asphalt concrete overlay per street pavement restoration plan for utility
installation and/or abandonment, as required by the City Engineer.
f. Installation of traffic control, stripes and signs.
g. Installation of improvements related to the proposed trash enclosure, landscaping and
irrigation on City lot, as required by the City Engineer.
h. Construction of conforms to existing public and private improvements, as necessary.
i. Submit final plans in a digital format acceptable to the City.
Planning Commission Resolution No. 4014
PLN2010-271 - 276 E. Campbell Avenue -Site and Architectural Review Permit
Page 9
45. Maintenance of Landscaping: Owner(s), current and future, are required to maintain the
landscaped park strip and tree wells in the public right of way. This includes, but is not
limited to: trees, lawn, plantings, irrigation, etc. Trees shall not be pruned in a manner
that would not allow the tree to grow to a mature height.
46. 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.
47. 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/permit, at the discretion of the
City Engineer, to restore pavement or other public improvements to the satisfaction of the
City.
48. 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. 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
BAS MAA, 2003.
49. Private Improvements Agreement: Prior to issuance of any grading or building permits
for the site, the owner shall execute an "Agreement for Private Improvements in the
Public Right of Way". This agreement would be required to allow the transformer, trash
enclosure and other related improvements located in the public right of way, and any
other non-City standard improvements, to remain.
50. Maintenance Agreement: Prior to issuance of any grading or building permits for the site,
the owner shall execute a Maintenance and/or Development Agreement. This agreement
would require that the owner maintain the private facilities/improvements on public
property, including but not limited to the trash enclosure, concrete improvements,
landscaping and irrigation as required by the City Engineer.
Planning Commission Resolution No. 4014
PLN2010-271 - 276 E. Campbell Avenue -Site and Architectural Review Permit
Page 10
51. Occupancy and Building Permit Final: Prior to allowing occupancy and/or final building
permit signoff for any and/or all buildings, the applicant shall have the required street
improvements installed and accepted by the City, and the design engineer shall submit
as-built drawings to the City.
52. Lot Line Adjustment or Lot Merger: Prior to issuance of any grading or building permits
for the site, the applicant shall fully complete a lot line adjustment process. This property
contains two legal lots and the proposed building is shown being constructed over a lot
line, which is not allowed. This action can be accomplished with a map or a lot line
adjustment. The applicant shall submit the necessary documents, pay the current
processing fees and fully process the lot line adjustment or merger with City staff's
comments. Should a record of survey be required per Section 8762 of the Business and
Professions Code, a recorded copy of the record of survey shall be submitted prior to
issuance of any grading or building permits.
53. Vacation of Public Street and Easements: Prior to issuance of any grading or building
permits for the site, the applicant shall fully complete the street vacation process. The
applicant shall submit a vacation of excess right-of-way application for approval by the
City Engineer, pay the current application processing fee, process the application with
City staff's comments and fully complete the street vacation.
Santa Clara County Fire Department
54. Comment #1: Review of this development proposal is limited to acceptability of 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. Prior to performing any work, the applicant shall make application to, and
receive from, the Building Department all applicable construction permits.
55. Comment #2: Fire sprinklers required. 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 01 /01 /2008 that do not exceed 500 gross square feet. Note:
Covered porches, patios, balconies, and attic spaces may require fire sprinkler coverage.
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. CFC Sec. 903.2, as adopted and
amended by CBLTC.
56. Comment #3: 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 appliance capable of causing contamination of the
Planning Commission Resolution No. 4014
PLN2010-271 - 276 E. Campbell Avenue -Site and Architectural Review Permit
Paae 11
potable water supply of the purveyor of record. Final approval of the system(s) under
consideration will not be granted by this office until compliance with the requirements of
the water purveyor of record are documented by that purveyor as having been met by the
applicant(s). 2007 CFC Sec. 903.3.5 and Health and Safety Code 13114.7.
57. Comment #4: Premise 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. CFC Sec. 505
58. To prevent plan review and inspection delays, the above noted Development Review
Conditions shall be restated as "notes" on all pending and future plan submittals and any
referenced diagrams to be reproduced onto the future plan submittal.
PASSED AND ADOPTED this
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
Stn day of March, 2011, by the following roll call vote:
Alster, Brennan, Ebner, Gibbons, Resnikoff, Reynolds and
Roseberry
None
None
None
` ~
APPROVED: ~~~ ~u~ ~~'
Bob Roseberry, air
ATTEST: ~y `~ -
Kirk Heirtrichs Secretary