CC Resolution 9455
RESOLUTION NO. 9455
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING A PLANNED DEVELOPMENT PERMIT (PD
98-06) TO ALLOW THE CONSTRUCTION OF A TWO-STORY, 8,741
SQUARE FOOT OFFICE DEVELOPMENT ON PROPERTY LOCATED AT
891 W. HAMILTON AVENUE IN A PD (PLANNED DEVELOPMENT)
ZONING DISTRICT. APPLICATION OF MR. HAROLD LONG. FILE NO.
PD 98-06.
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 finds as follows with respect to
application PD 98-06:
1. The proposed project is located on property with a commercial land use designation under the
General Plan.
2. The Planned Development Permit to allow a two-story, 8,741 square foot office development is
consistent with the Land Use Element of the General Plan.
3. The proposed office building, as conditioned, is well designed and architecturally compatible with
other developments in the surrounding area and is consistent with the development standards for
commercial uses.
4. The proposed project is compatible with the adjacent residential and commercial uses.
5. The proposed project will install the streetscape improvements along Hamilton Avenue in
compliance with the City's Streetscape Standards.
6. The requirement to maintain the pedestrian and vehicular ingress, egress and right-of-way easement
for the life of the development is necessary to maintain access to the exterior parking spaces for the
development along the northern portion of the property and to provide additional space as a setback
buffer between the proposed commercial development and the adjacent residential property to the
north.
7. The proposed landscaping within the pedestrian and vehicular easement along the wall adjacent to
the residential property to the north is necessary to provide screening and enhance the appearance
of the proposed development from the adjacent residential property to the north.
8. The removal of the existing walnut tree on-site and the existing pine trees on the adjacent property
to the east is necessary as it restricts the economic enjoyment of the property and creates an unusual
hardship for the property owner to develop the project as proposed.
City Council Resolution
PD 98-06 - 891 W. Hamilton Avenue - Harold Long
Page 2
9. The proposed reduction in the number of required parking spaces and in the required parking stall
sizes for the project is adequate to serve the proposed project.
lO. The location of support columns for the building, size of the development and proposed office use
are circumstances which comprehensively warrant a reduction in the number of required parking
spaces and in the required parking stall sizes for the proj ect.
11. An initial study was prepared for this project and no significant environmental impacts were found.
Based upon the foregoing findings of fact, the City Council further finds and concludes that:
1. The proposed development and uses clearly will result in a more desirable environment and use of
the land than would be possible under any other zoning classification.
2. The development and uses will be compatible with the General Plan of the City and will aid in the
harmonious development of the immediate area.
3. The proposed development will not be detrimental to the health, safety or welfare of the
neighborhood or the City as a whole.
4. 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.
5. No evidence has been presented which shows that the project will have a substantial impact on
plant or animal life.
Further, the applicants are notified as part of this application that they are required to comply with all
applicable Codes and Ordinances of the City of Campbell and the State of California which pertain to
this application and are not herein specified. And, that this approval is granted subject to the following
Conditions of Approval.
COMMUNITY DEVELOPMENT DEPARTMENT
1. Approved Proiect: Approval is granted to construct a two-story, 8,741 square foot office building
on property located at 891 W. Hamilton Avenue and shall substantially conform to the project
exhibits listed below, except as may be modified by the Conditions of Approval herein:
A. Combined Site plan and first floor plan prepared by Sophia M. Ostoya, Architect, dated as
submitted on September 3, 1998.
City Council Resolution
PD 98-06 - 891 W. Hamilton Avenue - Harold Long
Page 3
B. Second floor plan prepared by Sophia M. Ostoya, Architect, dated as submitted on September
3, 1998.
C. Roof plan prepared by Sophia M. Ostoya, Architect, dated as submitted on September 3, 1998.
D. Building elevations prepared by Sophia M. Ostoya, Architect, dated as submitted on September
3, 1998.
E. Streetscape plan prepared by Sophia M. Ostoya, Architect, dated as submitted on September 3,
1998.
F. Color/material board and colored perspective submitted by Sophia M. Ostoya, Architect.
G. Preliminary Grading and Drainage Plan prepared by Mission Engineers, Inc. dated as submitted
on September 3, 1998.
2. Building Window Treatment: The applicant shall install window treatment on the windows
surrounding the parking garage portion of the building which are the same and consistent with the
window treatment used on the windows for the office building.
3. Landscaping: Prior to the issuance of building permits for the project, the applicant shall submit
landscaping and irrigation plans for review and approval by the Community Development Director
that incorporates the following:
A. Compliance with the City's Streetscape Standards for Hamilton Avenue which includes the
installation of a 10-foot wide landscaped parkway, a 7-foot wide sidewalk and a minimum 10-
foot wide landscaped buffer, and street trees planted 40 feet on center in double triangulated
rows.
B. Compliance with the City's Tree Protection Ordinance including obtainment of a tree removal
permit to remove any trees in conjunction with the development of the project and replacement
of trees required in conjunction with the development of the project.
C. Compliance with the City's Water Efficient Landscape Standards (WELS) for the protection of
any trees in conjunction with the development of the project.
D. Installation of minimum 24-inch box street trees planted 40 feet on center in tree wells along
Marathon Drive.
E. Installation of minimum 24-inch box trees and groundcover to be planted 20 feet on center
within the pedestrian and vehicular easement to the north of the project site along the wall
adjacent to the apartment complex property to the north for a length equal to the length of the
subj ect property.
F. Installation of minimum 24-inch box trees, minimum 5-gallon shrubs in the form of clinging
vines and groundcover in half-diamond planters to be located between the parking spaces
located along and adjacent to the north elevation of the proposed office building. The clinging
vines shall be trained to grow along the building wall on the northern elevation.
City Council Resolution
PD 98-06 - 891 W. Hamilton Avenue - Harold Long
Page 4
G. Installation of minimum 24-inch box trees, minimum 5-gallon shrubs and groundcover along
the east sideyard setback of the proposed office building.
4. Landscape Maintenance: The applicant shall be required to provide on-going maintenance of the
required landscaping for the project as approved by the Conditions of Approval herein.
5. Approval by Adiacent Property Owner: Prior to the issuance of grading and building permits for
the project, the applicant shall be required to obtain and submit verification of the following:
A. Approval by the adjacent property owner to the north of the subject site to amend the
easement(s) on the property to allow the addition of landscaping in the form of minimum 24-
inch box trees and groundcover planted 20 feet on center along the existing wall adjacent to the
apartment complex property to the north.
B. Approval by the adjacent property owner to the north of the subject site to maintain for the life
of the project a pedestrian and vehicular ingress, egress, and right-of-way easement to provide
access to and from the site from Marathon Drive.
C. Approval by the adjacent property owner to the east of the subject site to remove the easement
requiring the shared driveway access along W. Hamilton Avenue to allow remodeling of the
existing commercial shared driveway along W. Hamilton Avenue to serve only the adjacent
property owner to the east.
D. A title report which indicates that the easements have been amended and recorded to
accommodate the approvals required in Condition Nos. 5A, 5B and 5C.
6. Outdoor Storage: No outdoor storage is permitted on the property and/or pedestrian and vehicular
easement to the north of the project site. No construction equipment, construction vehicles, and/or
construction debris shall be parked and/or stored on the property and/or on the pedestrian and
vehicular easement to the north of the project site at any time.
7. Parking and Drivewav: Prior to the issuance of building permits for the project, the applicant shall
comply with Chapter 21.50 of the Campbell Municipal Code, unless modified by the Conditions of
Approval herein and shall amend the plans to incorporate the following:
A. Deletion of one (1) parking space, either space number 24, 25 or 26, and revision of the parking
layout to situate the remaining two spaces so that there will be no possibility of maneuvering
difficulties for these spaces and the adjacent spaces #23 and #35.
B. Movement of the support columns to be inset a few feet into the length of the parking spaces
located within the first floor of the proposed building, so that there is better maneuvering ability
available for drivers to turn into parking spaces.
City Council Resolution
PD 98-06 - 891 W. Hamilton Avenue - Harold Long
Page 5
8. Parking Adjustment: The applicant is permitted a parking adjustment to provide a reduction in the
number of required parking spaces and a reduction in the required parking stall sizes for the
proposed proj ect. The applicant shall be required to provide a total of 34 parking spaces (21 spaces
with a minimum dimension of 9 feet by 18 feet, 13 compact spaces with a minimum dimension of
8 feet by 18 feet).
9. Americans With Disabilities Act: The applicant shall be required to comply with all Americans
with Disabilities Act requirements.
10. Building Division Requirements: The applicant shall comply with all Building Code requirements
and obtain necessary permits as determined by the City's Building Division.
11. Fences/walls: Any newly proposed fencing and/or wall shall comply with Section 21.59.090 of the
Campbell Municipal Code and shall be submitted for review and approval by the Community
Development Department.
12. Property Maintenance: The property is to be 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 and 11.414, 1985 Ed. Uniform Fire Code).
13. Location of Mechanical Equipment: No roof-mounted mechanical equipment, i.e. air conditioning
units, shall be located on the roof of building without providing screening of the mechanical
equipment from public view. Screening material and method shall require review and approval by
the Community Development Director prior to installation of such mechanical equipment
screenmg.
14. Utility Boxes and Back-Flow Preventers: Applicant to submit a plan prior to installation ofPG&E
utility (transformer) boxes and San Jose Water Company back-flow preventers, indicating the
location of the boxes and screening (if the boxes are above ground) for approval by the Planning
Division.
15. Trash Disposal/Recycling: The applicant shall submit details regarding the design and location of
trash disposal/recycling facilities to the City for review and approval prior to the issuance of
building permits for the project. The design of the trash enclosure shall match the building in terms
of color and finish. Decorative tile trim cap shall match the roof tile.
City Council Resolution
PD 98-06 - 891 W. Hamilton Avenue - Harold Long
Page 6
16. On-site lighting: On-site lighting shall not create a glare on adjacent properties, and shall be
shielded away from adjacent properties and directed on-site. The applicant shall provide a lighting
plan indicating the location of all light fixtures on site and on the building prior to issuance of
building permits. All outdoor light fixtures shall use low pressure sodium lamps.
17. Signs: Any signs proposed to be erected on site shall require approval of a Sign Permit. A Sign
Permit may be granted upon complete submission of a Sign application and approval by the
Community Development Department, in accordance with the City's Sign Ordinance. No sign
shall be permitted until the application is approved and a permit issued.
18. Construction Mitigation Measures: The applicant shall implement the following construction
mitigation measures:
A. Construction activities will be limited to daytime hours of 8:00 am to 5:00 p.m. weekdays and
9:00 a.m. to 4:00 p.m. Saturdays. Construction is prohibited on Sundays and Holidays unless
an exception is granted by the Building Official.
B. No pile driving is allowed for construction of the project.
C. All internal combustion engines for construction equipment used on the site will be properly
muffled and maintained.
D. All stationary noise generating construction equipment, such as air compressors and portable
power generator, will be located as far as practical from the existing residences and businesses.
E. All active construction areas shall be watered at least twice daily.
F. Cover all trucks hauling soil and other loose materials stationed or prior to leaving the site.
G. Pave, apply water, or apply non-toxic soil stabilizers on all unpaved surfaces, and staging areas
at the construction site.
H. Sweep daily all paved access roads, parking areas, staging areas, and adjacent public streets as
directed by the City Engineer.
I. Enclose, cover, water or apply soil binders to exposed stockpiles.
1. Install sandbags or other erosion control measures to prevent runoffto all roadways, waterways
or pubic walkways accessed by the public.
CENTRAL FIRE DISTRICT:
19. Automatic Fire Sprinkler System Required: Buildings requiring a fire flow in excess of 2,000
GPM, or in excess of two stories in height, or 35 feet in height, shall be equipped throughout with
an approved automatic fire sprinkler system. The fire sprinkler system shall be hydraulically
designed per National Fire Protection Association (NFPA) Standard #13, 1994 edition. Fire
sprinklers are also to be included within the space of the parking garage.
City Council Resolution
PD 98-06 - 891 W. Hamilton Avenue - Harold Long
Page 7
20. Final Required Fire Flow: Required fire flow may be reduced up to 50% in buildings equipped
with automatic fire sprinkler systems, but can be no less than 1500 GPM. Therefore, the final
required fire flow is 1750 GPM at 20 psi. residual pressure. This flow shall be taken from any two
fire hydrants, on or near the site so long as they are spaced at a maximum spacing of 250 feet.
21. Fire Department Key Box Required: Provide an approved fire department key box and appropriate
building keys. Installations shall conform with Fire Department standard Detail and Specification
K-l.
PUBLIC WORKS DEPARTMENT:
22. Driveway: Prior to the issuance of any grading or building permits for the site, the property owner
shall provide evidence that they have the legal right to use the northerly driveway, a portion of
Parcel C of PM 282 M55, for access and parking, or shall obtain such rights.
23. Preliminary Title Report: Prior to the issuance of any grading or building permits for the site, the
applicant shall provide a current Preliminary Title Report.
24. Right-of- Wav for Public Street Purposes: Prior to issuance of any grading or building permits for
the site, the applicant shall grant an additional 7 feet of Right-of-Way for Public Street Purposes
along the Hamilton Avenue frontage to accommodate a 67 foot right-of-way from the centerline
with a 20 foot property return radius for installation of the City standard boulevard walk.
Applicant shall cause to be prepared all documents necessary to record dedication and submit to the
City for review.
25. Street Im{Jrovements: Prior to the issuance of any grading or building permits for the site, the
applicant shall execute a street improvement agreement and shall cause plans for public street
improvements to be prepared by a registered civil engineer, pay fees, post security and provide
insurance necessary to obtain an encroachment permit for construction of the public improvements,
as required by the City Engineer. The plans shall include the following:
Marathon Drive
. Removal of existing curb, gutter, and sidewalk.
. Construction of new curb and gutter, City standard commercial walk, street trees at 40 feet on
center, tree wells, and irrigation system.
. Construction of two standard commercial driveways in accordance with an approved site plan
and ADA requirements.
City Council Resolution
PD 98-06 - 891 W. Hamilton Avenue - Harold Long
Page 8
Hamilton Avenue
. Removal of existing curb, gutter, sidewalk, and street tree.
. Construction of City standard boulevard walk including trees, landscape, and irrigation system.
. Installation of one new streetlight and appurtenances.
. Removal and remodeling of the existing commercial shared driveway with City standard
driveway approach (ADA compliant) to only serve the adjacent restaurant to the east, as
conceptually shown on the approved revised Site Plan.
Marathon Drive and Hamilton Avenue
. Installation of all existing and proposed water meters and sewer cleanouts on private property
behind the public right-of-way line.
· Removal and installation of traffic signs and striping as determined by the City Engineer.
. Removal of existing curb ramp and construction of new curb ramp and the return to be
compatible with the existing curb ramp on the west side of Marathon Drive.
. Removal and replacement of asphalt paving as needed for installation of concrete curbs and
gutters.
· Relocation, protection, relocation, adjustment and/or modification of existing and proposed
utilities as necessary.
. Construction of conforms to existing improvements.
26. Utilities: All new on-site Utilities shall be installed underground per Section 20.36.150 of the
Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall
comply with all plan submittals, permitting, and fee requirements of the serving utility companies.
27. Utilitv Installation Plan: Prior to issuance of building permits for the site, the applicant shall
submit a Utility Installation Coordination Plan and Schedule for approval by the City Engineer for
installation and/or abandonment of all utilities. Streets which have been resurfaced within the
previous 5 years will require boring and jacking for all new utility installations. Applicant shall
also prepare pavement restoration plans for approval by the City Engineer prior to any utility
installation or abandonment.
28. Maintenance Security: Prior to issuance of occupancy approval for the site, all public street
improvements required by the street improvement agreement and the encroachment permit must be
completed and accepted by the City and the applicant must provide a one-year Maintenance
Security in an amount of25% of the Faithful Performance Bond.
City Council Resolution
PD 98-06 - 891 W. Hamilton Avenue - Harold Long
Page 9
29. 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 10 year storm frequency, prepare an
engineered Grading and Drainage Plan, and pay fees required to obtain necessary grading permits.
The plans shall comply with the 1994 edition of the UBC including Chapters 18, 33, and Appendix
Chapter 33. Should the development require hauling of soil or other demolition materials on or off
site, the applicant shall request and obtain approval of a haul route from the City Engineer. The
plans shall include reconstruction of the northerly driveway and conforms to existing
improvements.
30. Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building permits,
the applicant shall comply with the National Pollution Discharge Elimination System (NPDES)
permitting requirements and the California Storm Water Best Management Practices handbook
prepared by the Storm Water Quality Task Force, Santa Clara Valley Water District and the City of
Campbell Municipal Code regarding Storm Water Pollution Prevention.
31. Monuments: A Record of Surveyor Comer Record shall be filed In accordance with the
requirements of the Land Surveyor's Act for all Monuments set.
32. Site Plan: The applicant shall provide a complete and accurate Site Plan which includes the
information listed on the Planning Division's check list. It shall include all the existing easements
related to the property per the preliminary title report.
PASSED AND ADOPTED this 2nd
day of November
, 1998, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Conant, Furtado, Dougherty, Dean, Watson
None
None
None
A TIEST :
APPROVED:
~