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CC Resolution 11365 RESOLUTION NO. 11365 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF A CONDITIONAL USE PERMIT WITH SITE AND ARCHITECTURAL REVIEW (PLN2011-202) AND A PARKING MODIFICATION PERMIT (PLN2011-222) TO CONSTRUCT A NEW 26,394 SQUARE FOOT, lWO-STORY CLASSROOM AND GYMNASIUM BUILDING WITHIN AN EXISTING PRIVATE SCHOOL CAMPUS ON PROPERTY LOCATED AT 1075 W. CAMPBELL AVENUE IN A P- F (PUBLIC FACILITIES) ZONING DISTRICT. FILE NO.: PLN2011-202/222 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 City Council did find as follows with respect to application PLN2011-202/222: 1. The project site consists of one 4.5 acre parcel and a secondary 0.2 acre parcel. 2. The project site is located at the northwestern corner of Victor and Campbell Avenues. 3. The project site is zoned P-F (Public Facilities) as shown on the Campbell Zoning Map. 4. The project site is designated Institutional as shown on the Campbell General Plan Map. 5. The project site is bordered by single family residences to the east and north, and the Primary Plus campus to the west. 6. The project site was originally developed as a public assembly (church) circa 1964. 7. Previously approved and modified Conditional Use Permits (UP 66-15 / UP 75-15 as modified by PLN2008-89 / PLN2001-66 I PLN2002-27/ PLN2005-137) have allowed establishment and expansion of a commercial daycare center, private school, and associated playground on the project site. 8. The project site is currently developed with two permanent school and church buildings, totaling 40,438 square-feet of floor area, and four temporary modular buildings totaling 3,840 square feet. 9. The existing school campus currently accommodates approximately 348 children in a K- 5 elementary school and a commercial daycare center (pre-school and daycare). 10. The proposed project includes construction of a new 26,394 square foot, two-story classroom and gymnasium building and removal of the existing modular buildings. 11. The proposed project would result in a Floor Area Ratio (FAR) of .34 where the maximum allowable is .45. City Council Resolution PLN2011-202/222 - 1075 W. Campbell Avenue - Denying an Appeal and Upholding the PC approval of a Use Permit w/Site and Architectural Review and a Parking Modification Permit Page 2 12. The proposed project would provide setbacks exceeding the minimum required by the zoning district. 13. The proposed project would include 213 parking spaces that would jointly serve the school and the church. 14. The Planning Commission may allow a shared parking scheme between multiple uses through approval of a Parking Modification Permit if it finds that the anticipated number of parking spaces necessary to serve the use or structure is less than that required by the applicable off-street parking standard, and would be satisfied by the existing or proposed number of parking spaces. 15. As the church operates primarily on Sunday for services and Sunday school, the two uses have distinct and differing peak usage periods that do not conflict. 16. The proposed classroom building would result in a net increase of four classrooms (20 to 24), taking into account the removal of the existing modular buildings and reconfiguration of existing classrooms. 17. The proposed classroom building would accommodate an increase of approximately 100 children by introducing junior high school level curriculum to the campus, representing an approximately 30% in student capacity. 18. The increase in number of classrooms is fewer than ten and less than the increase in student capacity. 19. The proposed classroom building would include varied building forms and appropriate materials and treatments. 20. Adequate recreational facilities would be provided, including provision of an open play area, a playground, indoor gymnasium and partial use of the parking lot as blacktop. 21. Anticipated staffing increase would include three part-time and three full-time instructors. 22. Hours of operation are 7 AM to 6 PM, Monday through Friday, which includes normal instructional time and before and afterschool care. 23. Start time for the elementary and junior high programs would be staggered to manage drop-off and pick-up. 24. Non-school related use of the recreational building is prohibited. 25. The Campbell Christian School is accredited by the Association Christian Schools International and Western Association of Schools and Colleges. City Council Resolution PLN2011-202/222 - 1075 W. Campbell Avenue - Denying an Appeal and Upholding the PC approval of a Use Permit w/Site and Architectural Review and a Parking Modification Permit Page 3 26. Based on a photometric plan prepared for the project, site lighting would comply with Campbell Lighting Design Standards and not affect surrounding properties. 27. Based on an acoustical analysis prepared for the project, the noise generated by the proposed project would not affect surrounding properties. 28. Based on a geotechnical report prepared for the project, the project is suitable for construction of the proposed improvements. 29. Based a Traffic Impact Analysis prepared for the project, the project will not exceed, either individually or cumulatively, a LOS standard established by the Congestion Management Program for designated roads or highways. Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1. The project will aid in the harmonious development of the immediate area. 2. The project is consistent with applicable adopted design guidelines. 3. The proposed use is allowed within the applicable zoning district with Conditional Use Permit approval, and complies with all other applicable provisions of this Zoning Code and the Campbell Municipal Code. 4. The proposed use is consistent with the General Plan. 5. The proposed site is adequate in terms of size and shape to accommodate the fences and walls, landscaping, parking and loading facilities, yards, and other development features required in order to integrate the use with uses in the surrounding area. 6. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic the use would be expected to generate. 7. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses on-site and in the vicinity of the subject property. 8. The establishment, maintenance, or operation of the proposed use at the location proposed will not be detrimental to the comfort, health, morals, peace, safety, or general welfare of persons residing or working in the neighborhood of the proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city. 9. Due to the unique nature and circumstances of the project, or special development features, the anticipated number of parking spaces necessary to serve the use or structure is less than that required by the applicable off-street parking standard, and would be satisfied by the existing or proposed number of parking spaces, as supported City Council Resolution PLN2011-202/222 - 1075 W. Campbell Avenue - Denying an Appeal and Upholding the PC approval of a Use Permit w/Site and Architectural Review and a Parking Modification Permit Page 4 by review of the applicant's documentation and/or a parking demand study prepared by a qualified transportation engineer accepted by the decision-making body. 10. Conditions of approval have been incorporated into the project to ensure the long-term adequacy of the provided off-street parking. 11. Approval of the parking modification permit will further the purpose of this chapter. 12. The proposed project is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to Section 15314, which exempts expansions of existing private schools, constructed within existing school grounds, where the expansion does not increase student capacity by more than 25% or ten classrooms, whichever is less. THEREFORE, BE IT RESOLVED that the City Council denies an appeal and upholds the Planning Commission approval of a Conditional Use Permit with Site and Architectural Review (PLN2011-202) and a Parking Modification Permit (PLN2011-222) to construct a new 26,394 square foot, two-story classroom and gymnasium building within an existing private school campus on property located at 1075 W. Campbell Avenue in a P-F (Public Facilities) 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 Proiect: Approval is granted for a Conditional Use Permit with Site and Architectural Review (PLN2011-202) and a Parking Modification Permit (PLN2011-222) to construct a new 26,394 square foot, two-story classroom and gymnasium building within an existing private school campus. The project shall substantially conform to the revised Project Plans dated as received by the Planning Division on November 10, 2011, the Color/Material Board dated as received by the Planning Division on August 10, 2011, and the revised Project Description dated as received by the Planning Division on October 18, 2011, except as may be modified by the conditions of approval herein. City Council Resolution PLN2011-202/222 - 1075 W. Campbell Avenue - Denying an Appeal and Upholding the PC approval of a Use Permit w/Site and Architectural Review and a Parking Modification Permit Page 5 2. Indemnity: Within thirty (30) days of project approval, the applicant shall enter into an agreement satisfactory to the City Attorney to indemnify and defend the City of Campbell, its officers, officials, employees, and agents from any and all actions, liabilities, losses, and torts, including attorney's fees arising out of or connected unto any challenge to the decision of the City Council on this application. 3. Permit Expiration: The Conditional Use Permit with Site and Architectural Review (PLN2011-202) and Parking Modification Permit (PLN2011-222) approval shall be valid for one (1) year from the date of final approval (until February 7, 2013). Within this one- year period a building permit must be obtained. Failure to meet this deadline will result in the approval being rendered void. 4. Planninq 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. 5. Previous Conditional Use Permits: Upon the effective date of the Resolution approving this Conditional Use Permit (PLN2011-202) and Parking Modification Permit (PLN2011- 222), the previously approved and modified Conditional Use Permits (UP 66-15 / UP 75-15 as modified by PLN2008-89, PLN2001-66, & PLN2002-27 / PLN2005-137) for approval and expansion of a commercial daycare center, private school, and associated playground, shall be void and shall be permanently superseded by the Conditional Use Permit, and all associated conditions of approval, approved herein. 6. Revision to Plans: The building permit submittal construction plans shall incorporate the following revisions: a. The conditions of approval shall be printed within the construction plans. b. The site plan (Sheet A 1.2) shall indicate that the loading zone will be marked with white curb and indicate installation of "loading only" signs. c. The site plan (Sheet A 1.2), as well as all other affected architectural and civil sheets, shall show a revised parking lot configuration that will maintain vehicle queuing within the school site to the greatest extent possible. d. The landscaping plan (Sheet L-1) shall show landscaping along the perimeter of the parking lot with screening trees in compliance with the City's landscaping requirements (CMC 21.26). e. The site plan (Sheet A 1.2) and landscaping plan (Sheet L-1) shall show landscaping within the plaza area between the existing and proposed school buildings. f. The building elevations (Sheet A5.1) shall show the metal roof screen in the same burgundy red color as the standing seam metal roof. City Council Resolution PLN2011-202/222 - 1075 W. Campbell Avenue - Denying an Appeal and Upholding the PC approval of a Use Permit w/Site and Architectural Review and a Parking Modification Permit Page 6 g. The building elevations (Sheet A5.1) shall be revised to include a sound attenuating exterior building material on north exterior elevations. Details of the material's application shall also be provided. If use of such material is demonstrated to be cost prohibitive or otherwise infeasible, the Community Development Director may waive this requirement. h. The construction staging plan (Sheet AOA) shall include truck routes to and from the construction site, and a parking management plan, to be reviewed and approved by the Community Development Director. I. The final landscaping plan (Sheet L-1) shall be "wet-stamped" by a licensed landscape architect and include irrigation details and associated calculations in compliance with Chapter 2.7, Division 2, of Title 23 of the California Code of Regulations - Water Efficient Landscape Requirements. j. The lighting plan (Sheet E-1) shall be revised to indicate that the parking lot lighting standards (1) be constructed at a height of no more than sixteen feet, (2) incorporate alternative lamps with a lesser lighting intensity, and (3) be placed on an automatic timer system to reduce lighting levels and/or quantity of activated lights during the nighttime hours. 7. Operational Standards: The operation of the private school and related commercial daycare center shall be subject to the following operational standards. Non-compliance with these standards, or any other conditions of approval specified herein or any standards, codes, or ordinances of the City of Campbell or State of California shall be grounds for consideration of revocation of the Conditional Use Permit by the Planning Commission. a. Number of Children: The maximum number of children on site, including infant/toddler care/pre-school, elementary school, and junior high school, shall not exceed 458. Any increase to the daily student capacity shall require approval of a Modification to the Conditional Use Permit by the Planning Commission. b. Operational Hours: Hours of operation for the school, including the commercial daycare center (daycare and pre-school), shall be restricted to 7:00 AM to 6:30 PM, Monday through Friday, exclusive of use of the recreation/gymnasium facility as otherwise allowed herein. Incidental after-school activities (e.g., parent-teacher conferences, fundraisers, sports practice, etc.) are allowed so long as they do not interfere with church assemblages and cease by 8:30 PM. c. Recreation/Gymnasium Facility: School-related sporting, theatrical, or similar events that are organized by the school, shall be permitted within the recreation/gymnasium facility during or after school operational hours (as described herein) Monday through Friday, and Saturday, so long as they do not interfere with church assemblages and cease no later than 8:30 PM. Similar, incidental church- related use shall also be permitted so long as it does not interfere with the operation City Council Resolution PLN2011-202/222 - 1075 W. Campbell Avenue - Denying an Appeal and Upholding the PC approval of a Use Permit w/Site and Architectural Review and a Parking Modification Permit Page 7 of the school. Occupancy during such use shall not exceed one hundred and fifteen (115) persons. The recreation/gymnasium building shall not be used for any activity not directly related to and organized by the school or church. d. Community Meetings: The school shall host a community meeting every six months for a period of three (3) years to provide neighbors an opportunity to meet with school staff and discuss school operations. Notification of the community meetings shall be provided 10 days prior to the meeting by mail to all interested persons requesting notification and residents within 300 feet of the school site. e. Traffic Management Plan: Prior to issuance of any permits, the school shall prepare a traffic management plan to be reviewed and approved by the Community Development Director. The plan shall include: . A revised circulation plan (Sheet AO.5) that will maintain vehicle queuing within the school site to the greatest extent possible, and ensure that vehicles are constantly moving to minimize unnecessary idling and improve air quality. . A staggered pick-up and drop-off schedule. The starting and ending times for the elementary students (kindergarten to fifth grade) shall be staggered from the starting and ending times for the junior high students (sixth to eighth grade) by a minimum of fifteen (15) minutes. · Provision for monitoring by school staff of drop-off and pick-up within the school and vehicle queuing along Hedegard, Victor, and Campbell Avenues, to ensure safe movement of vehicles and pedestrians and compliance with traffic safety laws. · Bi-annual written notices to parents, instructing them to (1) not block residential driveways during drop-off and evening pick-up periods, (2) adhere to all traffic safety laws, (3) comply with staggered drop-off/pick-up scheduling, and (4) turn-off vehicles when parked. f. Recreation Area: The school shall notify the City if its use lease with the Moorland School District is terminated and at such time provide information on how recreation activities for the school will be affected. g. Commercial Daycare Center: Operation of the commercial daycare center (infant/toddler care and pre-school) shall be in full compliance with Campbell Municipal Code Sec. 21.36.080 and the California Code of Regulations. The school shall maintain in good standing the appropriate Iicense(s) from the California Department of Social Services. h. Noise: The use of the facility shall not unreasonably disturb adjacent residential uses; however, it should be understood that the school will create some measure of noise audible from the adjacent residential uses. In an effort to ensure that no noise unreasonably disturbs adjacent residents, the school shall reasonably monitor children playing in the playground to ensure that there are no extensive periods of City Council Resolution PLN2011-202/222 - 1075 W. Campbell Avenue - Denying an Appeal and Upholding the PC approval of a Use Permit w/Site and Architectural Review and a Parking Modification Permit Page 8 play and/or extreme occurrences of noise in the playground that may unreasonably disturb adjacent residents. Additionally, all doors and windows in the recreation/gymnasium facility shall remain closed during event usage. In the event the city receives verifiable and repeated number of complaints pertaining to noise, the Planning Commission may review the Conditional Use Permit. Upon review, if the Planning Commission finds that there is substantial evidence that the use is creating unreasonable disturbance to the adjacent residents, the Planning Commission may take reasonable measures to mitigate such noise which may include limiting of hours of playground use, limiting the maximum number of students permitted in the playground at anyone time, and/or any other appropriate measures deemed necessary. I. Delivery Trucks: All truck deliveries shall be scheduled so as to not conflict with school drop-off and pick-up periods. All deliveries shall be made from the Hedegard Avenue entrance only, and not the Campbell Avenue driveway. J. Property Maintenance: The school shall maintain all exterior areas of the business free from graffiti, trash, rubbish, posters and stickers placed on the property. k. Outdoor Storage: No equipment, materials or business vehicles shall be parked and/or stored outside or within the parking lot. I. Trash & Clean Up: All trash, normal clean up, carpet cleaning, etc. shall not be done in the late evening or early morning hours. All clean up and trash collection shall be done between 7:00 AM and 7:00 PM daily. m. Playground Equipment Certification: All playground equipment shall be maintained in compliance with California Department of Health Services regulations regarding playground equipment. n. Operation of Mechanical Equipment: In compliance with the Campbell Municipal Code, operation of power equipment (i.e. "power-washer"), shall be limited to the hours of 8:00 AM and 7:00 PM Monday through Friday, and between the hours of 9:00 AM and 6:00 PM Saturday, Sunday and nationally recognized holidays. o. Parking: The parking lot shall be maintained in compliance with the standards in Campbell Municipal Code. A total of 213 vehicle parking spaces shall be maintained, except that the rear portion of the parking lot may be used as a blacktop play surface during the daytime operation of the school. p. Landscape Maintenance: The owner/operator of the property shall provide on-going maintenance of the existing and proposed on-site landscaping. In accordance with the Tree Protection Ordinance (Chapter 21.32), all trees planted pursuant to this approval shall be considered "protected" and subject to the established removal requirements and restrictions. City Council Resolution PLN2011-202/222 - 1075 W. Campbell Avenue - Denying an Appeal and Upholding the PC approval of a Use Permit w/Site and Architectural Review and a Parking Modification Permit Page 9 8. 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 to the issuance of building permits. 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. Construction equipment, vehicles, and workers associated with the development of the project shall not be permitted to park on any residential streets. g. Use dust-proof chutes for loading construction debris onto trucks. h. Water or cover stockpiles of debris, soil, and other materials that can be blown by the wind. I. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard. J. Sweep daily (with water sweepers) all paved access roads, parking areas, and staging areas at the construction site. k. Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets, as directed by the City Engineer. I. Enclose, cover, water twice daily or, or apply (non-toxic) soil stabilizers to exposed stockpiles (dirt, sand, etc.). 9. Cultural Resources Protection: The applicant shall implement the following cultural resource protection measures: a. Archeological/Paleontological Resources Protection: If archeological or paleontological resources are encountered during the excavation or construction, construction personnel shall be instructed to immediately suspend all activity in the immediate vicinity of the suspected resources and the City and a licensed archeologist or paleontologist shall be contacted to evaluate the situation. A licensed archeologist or paleontologist shall be retained to inspect the discovery and make any necessary recommendations to evaluate the find under current CEQA guidelines prior to the submittal of a resources mitigation plan and monitoring program to the City for review and approval prior to the continuation of anyon-site construction activity. City Council Resolution PLN2011-202/222 - 1075 W. Campbell Avenue - Denying an Appeal and Upholding the PC approval of a Use Permit w/Site and Architectural Review and a Parking Modification Permit Page 10 b. Protection of Human Remains: In the event a human burial or skeletal element is identified during excavation or construction, work in that location shall stop immediately until the find can be properly treated. The City and the Santa Clara County Coroner's Office shall be notified. If deemed prehistoric, the Coroner's Office would notify the Native American Heritage Commission who would identify a "Most Likely Descendant (MLD)." The archeological consultant and MLD, in conjunction with the project sponsor, shall formulate an appropriate treatment plan for the find, which might include, but not limited to, respectful scientific recording and removal, being left in place, removal and reburial on the site, or elsewhere. Associated grave good are to be treated in the same manner. 10. Location of Mechanical Equipment: All roof-mounted mechanical equipment (i.e. air conditioning units, ventilation ducts or vents), shall fully screened by the metal roof screen. 11. Utilitv Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to installation of any PG&E transformers and San Jose Water Company back-flow preventers, if required, indicating the location of the facilities and screening (if the facilities are above ground) for review and approval by the Community Development Director. Building Division: 12. Permits Required: A building permit application shall be required for the proposed new classroom and gymnasium structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 13. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 14. 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. 15. 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. 16. 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. 17. 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 City Council Resolution PLN2011-202/222 - 1075 W. Campbell Avenue - Denying an Appeal and Upholding the PC approval of a Use Permit w/Site and Architectural Review and a Parking Modification Permit Page 11 be submitted with the building permit application. This report shall be prepared by a licensed engineer specializing in soils mechanics. 18. 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 19. Title 24 Enerqv Compliance: California Title 24 Energy Compliance forms shall be blue- lined on the construction plans. 8% 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. 20. 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. 21. Non-point Pollution Control Proqram: 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. 22. Title 24 Accessibilitv - 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. 23. Title 24 Accessibilitv - 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. 24. 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. San Jose Water Company (408 279-7900) City Council Resolution PLN2011-202/222 - 1075 W. Campbell Avenue - Denying an Appeal and Upholding the PC approval of a Use Permit w/Site and Architectural Review and a Parking Modification Permit Page 12 d. Moreland School District (379-1370) e. Bay Area Air Quality Management District (Demolitions Only) 25. 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. 26. CAL Green for Commercial Buildinqs: This project is subject to the mandatory requirements for new commercial buildings under the City of Campbell Municipal Code and the California Green Building Code, 2010 edition. PUBLIC WORKS DEPARTMENT 27. Gradinq and Drainaqe 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. 28. 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 sidewalk, curb and gutter along the north side of W. Campbell Avenue from the northwest corner of Victor and W. Campbell Avenue to approximately 140 feet west of the northwest corner. d. Removal and replacement of existing driveway approach on W. Campbell Avenue with ADA compliant driveway approach. e. Removal of existing private improvements located in the public right of way (i.e. Church reader board sign). f. Installation of 7 foot sidewalk, curb and gutter on W. Campbell Avenue. g. Installation of City approved street trees on W. Campbell Avenue. City Council Resolution PLN2011-202/222 - 1075 W. Campbell Avenue - Denying an Appeal and Upholding the PC approval of a Use Permit w/Site and Architectural Review and a Parking Modification Permit Page 13 h. Retrofit curb ramp at the northwest corner of W. Campbell Avenue and Victor Avenue to meet ADA requirements. I. Installation of four (4) ADA compliant curb ramps at the Victor Avenue and Hedegard Avenue intersection. J. Installation of crosswalk pavement markings (thermoplastic) for all directions at the Victor Avenue and Hedegard Avenue intersection. k. Removal of existing street light on Campbell Avenue. I. Installation of new street light on Campbell Avenue. m. Installation of traffic control stripes and signs. n. Construction of conforms to existing public and private improvements, as necessary. o. Submit final plans in a digital format acceptable to the City. 29. Maintenance of Landscapinq: Owner(s), current and future, are required to maintain the landscaping and trees 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. 30. 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. 31. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer c1eanout(s) shall be relocated or installed on private property behind the public right-of-way line. 32. Utilitv 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. 33. 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. Campbell Avenue has not 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. 34. Utilitv Encroachment Permit: Separate permits for the installation of utilities to serve the development will be required (including water, sewer, gas, electric, etc.). Applicant shall City Council Resolution PLN2011-202/222 - 1075 W. Campbell Avenue - Denying an Appeal and Upholding the PC approval of a Use Permit w/Site and Architectural Review and a Parking Modification Permit Page 14 apply for and pay all necessary fees for utility permits for sanitary sewer, gas, water, electric and all other utility work. 35. 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 developmenUprojecUpermit, at the discretion of the City Engineer, to restore pavement or other public improvements to the satisfaction of the City. 36. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding stormwater pollution prevention. Specifically the project must include source control, site design and treatment measures to achieve compliance with Provision C.3. of the NPDES Permit. Measures may include, but are not limited to, minimization of impervious surface area, vegetated swales, infiltration areas, and treatment devices. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay. Resources to achieve these objectives include Stormwater Best Management Practices Handbook for New Development and Redevelopment ("CA BMP Handbook") by the California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for Stormwater Quality Protection ("Start at the Source") by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for Stormwater Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. Upon submission of the preliminary site/grading plans, the applicant shall calculate and submit to the City the amount of impervious surface created by the development including the types of stormwater controls to be used. The applicant shall submit preliminary sizing and design showing stormwater controls meet the City's requirements. Prior to issuance of any grading or building permits: a. The applicant's designer or engineer shall submit the required certification indicating that sizing, selection, and design of treatment BMP's for the project site has been completed to meet the requirements of the City of Campbell's NPDES permit, No. 01- 119, Provision C.3. b. The applicant shall sign the "Covenants for the Operation and Maintenance of Stormwater Facilities" and submit a Stormwater Management Plan. City Council Resolution PLN2011-202/222 -1075 W. Campbell Avenue - Denying an Appeal and Upholding the PC approval of a Use Permit w/Site and Architectural Review and a Parking Modification Permit Page 15 Prior to occupancy: a. A qualified BMP certifier is required to inspect the stormwater management facilities, submit a complete set of as-built drawings to Public Works Engineering, and certify on these drawings that: 1. The stormwater management facilities were constructed in compliance with the approved plans. 2. The as-built drawings show all pertinent constructed dimensions, elevations, shapes, and materials. 3. All variations in construction from the approved design plan have been identified, including omissions to and additions from the approved plan. 4. Any changes are in conformance with local, state, or federal regulations. b. The applicant shall provide security for the operation and maintenance of stormwater pollution prevention measures installed or provided as a part of this project. The applicant shall also comply with any other or new conditions as required by the City of Campbell's most current NPDES permit. 37. Occupancy and Buildinq 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. 38. Traffic Mitiqation: Prior to issuance of any grading or building permits for the site, the applicant shall satisfy traffic mitigation measures, if any, that may arise from the pending traffic study. 39. Plan Lines: Prior to issuance of any grading or building permits for the site, the applicant shall provide a plan layout showing the correct distance from the street centerline to the property line, dimensions of sidewalk and other relevant information in the public right of way on Campbell Avenue and Victor Avenue and Hedegard Avenue. COUNTY FIRE DEPARTMENT 40. Fire Sprinklers Required: An automatic sprinkler system shall be provided throughout all new buildings and structures exceeding one (thousand) 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 CBLMC 41. Potable Water Supplies: Potable water supplies shall be protected from contamination caused by fire protection water supplies. It is the responsibility of the applicant and any contractors and subcontractors to contact the water purveyor supplying the site of such City Council Resolution PLN2011-202/222 - 1075 W. Campbell Avenue - Denying an Appeal and Upholding the PC approval of a Use Permit w/Site and Architectural Review and a Parking Modification Permit Page 16 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 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 42. Fire Apparatus (Enqine) Access Roads Required: Provide access roadways with a paved all weather surface, a minimum unobstructed width of 20 feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 36 feet outside and 23 feet inside, and a maximum slope of 15%. For installation guide lines refer to Fire Department Standard Details and Specifications sheet A-1. 43. Private On-Site Fire Hydrant(s) Required: Provide one private on-site fire hydrant(s) installed per NFPA Std. #24, at location(s) to be determined by the Fire Department. Maximum hydrant spacing shall be 250 feet, with a minimum acceptable flow of 1,500 GPM at 20 psi residual pressure. Prior to design, the project civil engineer shall meet with the fire department water supply officer to jointly spot the required fire hydrant locations. CFC Sec. 507, and Appendix BB,Table BB105.1 and Appendix C 44. Timinq of Required Water Supply Installations: Installations of required fire service(s) and fire hydrant(s) shall be tested and accepted by the Fire Department, prior to the start of framing or delivery of bulk combustible materials. Building permit issuance may be withheld until required installations are completed, tested, and accepted. CFC Sec. 501 45. Timinq of Required Roadway Installations: Required access roads, up through first lift of asphalt, shall be installed and accepted by the Fire Department prior to the start of combustible construction. During construction, emergency access roads shall be maintained clear and unimpeded. Note that building permit issuance may be withheld until installations are completed. Temporary access roads may be approved on a case by case basis. CFC Sec. 501 46. Emerqency Gate/Access Gate Requirements: Gate installations shall conform with Fire Department Standard Details and Specification G-1 and, when open shall not obstruct any portion of the required width for emergency access roadways or driveways. Locks, if provided, shall be fire department approved prior to installation. Gates across the emergency access roadways shall be equipped with an approved access devices. If the gates are operated electrically, an approved Knox key switch shall be installed; if they are operated manually, then an approved Knox padlock shall be installed. Gates providing access from a road to a driveway or other roadway shall be at least 30 feet from the road being exited. CFC Sec. 503.6 and 506 City Council Resolution PLN2011-202/222 - 1075 W. Campbell Avenue - Denying an Appeal and Upholding the PC approval of a Use Permit w/Site and Architectural Review and a Parking Modification Permit Page 17 47. Fire Lane Markino Reauired: Provide marking for all roadways within the project. Markings shall be per fire department specifications. Installations shall also conform to Local Government Standards and Fire Department Standard Details and Specifications A-5. 48. Premises Identification: Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background. CFC Sec. 505. PASSED AND ADOPTED this 7th roll call vote: day of February , 2012, by the following AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Cristina, Baker, Waterman, Low, Kotowski None None None ... ./~~ APPROV~~~'. < <7'C{v) .. L-~ Michael F. Kotowski, Mayor /' ,/ 7 . ATTEST: ~~0~ '2~~ C[ "- Anne Bybee, City Clerk