CC Resolution 9419
RESOLUTION NO. '141 '1
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING A SITE AND ARCHITECTURAL REVIEW
PERMIT TO ALLOW THE EXPANSION OF AN EXISTING
COMMERCIAL BUILDING LOCATED AT 267 E. CAMPBELL
AVENUE IN A C-3-S (CENTRAL BUSINESS DISTRICT) ZONING
DISTRICT TOGETHER WITH A PARKING ADJUSTMENT.
APPLICATION MR. GREG de VRIES. FILE NO. S 98-07
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 S 98-07:
1. An initial study was prepared for this project which concludes there are no significant
environmental impacts and a Negative Declaration has been prepared for this project.
2. The proposed use is consistent with the commercial land use of the General Plan and the (C-
3-S) Central Business District Zoning designation for the site. The proposed project achieves
the following objectives:
a) Restores the downtown as the civic and cultural center by creating an attractive project in
this portion of the downtown.
b) Facilitates economic viability through the introduction of new retail and office spaces.
c) Encourages a pedestrian oriented environment through the construction of pedestrian
sidewalks and pedestrian level uses.
d) Creates an architecturally pleasing project reflective of the traditional building styles that
exist in the downtown area.
3. The proposed building, parking facilities of 8 on-site parking spaces and 13 new on-street
parking spaces, and sidewalk improvements will result in a project that adequately meets the
parking demands generated by this use and will not be detrimental to the overall parking and
circulation in the area.
4. Adequate circulation has been provided on site and the site is so located on public streets to
accommodate the estimated traffic associated with the project.
5. The proposed project is well designed, integrates the use of traditional downtown siting and
architectural features and is architecturally compatible with the surrounding neighborhood
and uses
6. The proposed project, subject to the recommended conditions of approval, meets the
development standards for the C-3-S (General Commercial) Zoning District including
setback requirements, height limitations, parking requirements.
City Council Resolution
S 98-07 - 267 E. Campbell Avenue
Page 2
7. The project will not create a nuisance due to noise, litter, vandalism, traffic or other factors.
8. The project will not significantly disturb the peace and enjoyment of nearby residential
neighborhood.
9. The project will not significantly increase the demand on city services.
10. The recommended conditions of approval and the related improvements are proportional to
the scale and size of the project.
11. The applicant will be required to contribute a proportional share of the costs of installing
additional parking facilities along Civic Center Drive as a condition of approval. There is a
reasonable relationship between the amount of the contribution and the cost of the
Downtown On-Street Parking Program in that the project site is within reasonable proximity
to these parking facilities.
12. There is a reasonable relationship between the costs imposed and the costs of the parking for
which the costs are imposed in that the contribution for a share of the costs to install parking
facilities along Civic Center Drive and Orchard City Drive is proportional to the engineer's
estimate oftota11oop street parking plan and related to the project's parking demand.
There is a reasonable relationship between the use of the contribution and the type of
development project being proposed in that the provided parking facilities would address the
parking demands for this project which warrant the provision of 13 parking spaces which are
not provided on-site.
Based on the foregoing findings of fact, the City Council further finds and concludes that:
1. The proposed project will aid in the enhancement and the harmonious development of the
immediate area. The establishment, maintenance, or operation of the uses will not be
detrimental to the public health, safety, peace, morals, comfort or general welfare of persons
residing or working in the neighborhood of such proposed use.
2. The proposed site is adequate in size and shape to accommodate the proposed uses and the
surrounding uses in the area.
3. The proposed project is adequately served by streets of sufficient capacity to carry the kind
and quantity of traffic such uses would generate.
City Council Resolution
S 98-07 - 267 E. Campbell Avenue
Page 3
4. The contribution toward the cost of installing additional parking spaces along Civic Center
Drive is roughly proportional to the parking impacts of the project.
The applicant is hereby notified, as part of this application, that he/she is required to meet the
following conditions is in accordance with the ordinance of the City of Campbell and the State of
California. 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
1. Proiect Approval - Approval is granted for a Site and Architectural Review Permit (S 98-
07) allowing development on property located at 267 East Campbell Avenue consisting of
the following:
. Ground floor 4070 square feet of retail space
. Second floor 4050 square feet of office space
Project approval shall substantially comply with project plans prepared by A + Plus Design
and Engineering, dated 5/7/98 and 7/7/98, except as modified by the Conditions of
Approval contained herein.
2. Detailed Building Elevations
A. Revised Elevation - Applicant shall continue to work with staff on resolving the
exterior treatment providing further detail of architectural details enhancements. Details
shall include a minimum window inset of 4 inches from the wall surface, detail of
window sills where appropriate, provision of additional gutter and roof rafter details,
and provision of substantial decorative molding details and placements. Further detail
of the westerly elevation which provides architectural decorative treatments of other
elevations. Details to be approved by the Community Development Director upon
recommendation of the Architectural Advisor.
B. Materials and Colors: Applicant shall work with staff upon the recommendation of the
Architectural Advisor to select specific building colors and materials for the new
buildings. The conceptual palette is considered acceptable. The roof materials and
colors shall be referred to the Community Development Director for review and
approval prior to issuance of building permits.
C. Approved Materials/Treatment- Applicant shall submit final sample materials
indicating actual finishes and colors that will be utilized on walls, walkways and
entries, for review and approval by the Community Development Director.
City Council Resolution
S 98-07 - 267 E. Campbell Avenue
Page 4
3. Architectural Details- Applicant shall submit plans and illustrated brochures indicating the
location and design of architectural features such as light fixtures and facilities, and
planters that will utilized in the new building areas for approval by the Community
Development Director.
4. Parking and Drivewavs - All parking and driveway areas shall be developed in compliance
with the approved plans and Chapter 21.50 (Parking and Loading) of the Campbell
Municipal Code, subject to review by the Community Development Director.
5. On-site Lighting: Details of project lighting shall be approved by the Planning Department
prior to the issuance of building permits.
6. Landscape/Screen Wall Plan: Applicant shall submit four (4) sets of the landscape/screen
wall plan indicating the screen wall design between the parking area to the Community
Development Director for review and approval prior to the issuance of building permits.
Final plan to be prepared consistent with the WELS standards. The plan shall include the
following:
A) Protection of existing trees to be retained consistent with the WELS standards.
B) Installation of a 3 to 3.5 foot screen wall to soften the appearance of the parking area.
C) Provision of irrigation and planting details for the screen wall.
D) Introduce a minimum 24" box tree at the parking area entrance.
7. Participation in Parking Program and in-lieu parking fee: The applicant shall enter an
agreement obligating existing and future property owners to participate in a future parking
program and/or assessment district to the extent of 13 permanent parking spaces in a form
or manner acceptable to the City Attorney.
The applicant shall deposit funds in the amount not to exceed $5,000 for each of the 13
required off-site parking spaces, prior to the occupancy of the proposed office/retail
building. The funds shall be used to design and construct on-street parking spaces and
associated public improvements (e.g. sidewalks, streetlights, etc.) in the vicinity of the
subject property.
The actual amount of the in-lieu fee to be paid shall be based upon the pro-rata cost of 13
parking spaces out of the total cost for the new loop street parking. In no case shall the
cost exceed $5,000 per space. Any funds collected above the actual cost shall be credited
against any obligation imposed on applicant for construction or maintenance of public
parking spaces. The amount paid to design and construct on-street spaces shall be credited
against the applicant's obligation to participate in the cost of 13 permanent off-street
parking spaces.
City Council Resolution
S 98-07 - 267 E. Campbell Avenue
Page 5
8. Silmage Program - No signage is approved as part of the development applications
approved herein. The applicant shall submit a sign program indicating all signs for the site.
No sign shall be installed until such application is approved and a permit issued by the
Community Development Director as specified in Chapter 21.53. of the Zoning Ordinance
(Sign Ordinance).
9. Construction Mitigation Measures: The applicant shall implement measures as specified in
the Initial Study including the following:
1. 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.
2. No pile driving is allowed for construction of the project.
3. All internal combustion engines for construction equipment used on the site will be
properly muffled and maintained.
4. 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.
5. All active construction areas shall be watered at least twice daily.
6. Cover all trucks hauling soil and other loose materials stationed or prior to leaving the
site.
7. Pave, apply water, or apply non-toxic soil stabilizers on all unpaved surfaces, and
staging areas at the construction site.
8. Sweep daily all paved access roads, parking areas, staging areas, and adjacent public
streets as directed by the City Engineer.
9. Enclose, cover, water or apply soil binders to exposed stockpiles.
10. Install sandbags or other erosion control measures to prevent runoff to all roadways,
waterways or pubic walkways accessed by the public.
10. Archaeological Monitoring Program: Provide an archaeological monitoring program
prepared by a qualified archaeologist to monitor all subsurface excavation and construction
for review and approval by the Community Development Director prior to the issuance of
building permits.
PUBLIC WORKS DEPARTMENT
11. Preliminary Title Report: Prior to issuance of any grading, drainage, or building permits
for the site, the applicant shall provide a current Preliminary Title Report.
12. Reciprocal Ingress and Egress Easements: Prior to issuance of any grading, drainage, or
building permits for the site, the applicant shall provide documentation of reciprocal
ingress and egress rights and rights to modify the on-site parking areas owned by others.
City Council Resolution
S 98-07 - 267 E. Campbell Avenue
Page 6
13. Street Improvements: Prior to issuance of any grading, drainage or building permits for the
site, the applicant shall cause plans for public Street Improvements to be prepared by a
registered civil engineer, pay fees, execute a street improvement agreement, post security
and provide insurance necessary to obtain an encroachment permit for construction of the
improvements, as required by the City Engineer. The plans shall include the following:
. Removal of two existing driveways, sidewalk, and curb and gutter along the property
siding on First Street.
. Construction of new driveways, sidewalk, and curb and gutter along First Street (must
comply with ADA requirements).
. Relocation of existing Pacific Bell utility box to back of walk, or reconstruct box for
pedestrian safety and relocate street light if necessary to accommodate driveway
improvements.
. Installation of all existing and proposed water meters and sewer cleanouts on private
property behind the public right-of-way line.
. Installation of underside walk drains for on-site runoffto the street.
. Construction of conforms to existing improvements.
. Sidewalk pattern and texture to match existing.
14. 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
company.
15. Utility Installation Plan: Prior to issuance of building permits, the applicant shall submit a
Utility Installation Plan and Schedule for approval by the City Engineer for installation of
all utilities. Streets which have been resurfaced within the previous 5 years will require
boring and jacking for all new utility installations and will also require a pavement
restoration plan for approval by the City Engineer prior to any utility installation.
16. Maintenance Security: Prior to issuance of occupancy approval for the site, all public street
improvements required by the encroachment permit must be completed and accepted by the
City and the applicant must provide a one-year Maintenance Security in an amount of 25%
of the Faithful Performance Bond.
17. Grading and Drainage Plan: Prior to issuance of any grading, drainage 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.
18. Storm Drain Area Fee: Prior to issuance of any grading, drainage, or building permits for
the site, the applicant shall pay the required Storm Drain Area fee. The current fee is
$2,500 per acre or $442.
. .
City Council Resolution
S 98-07 - 267 E. Campbell Avenue
Page 7
19. National Pollution Discharge Elimination System: Prior to issuance of any grading,
drainage, or building permits, the applicant shall comply with the NPDES and Title 14 of
the Municipal Code concerning storm water pollution control.
20. Site Plan: Concurrent with submittal ofthe off-site plans for plan check, the applicant shall
submit a complete and accurate Site Plan in accordance with the check list provided by the
Planning Division.
21. Storm Water Management: Comply with California Storm Water Best Management
Practices Handbook, prepared by the Storm Water Quality Task Force, Santa Clara Valley
Water District.
COMMUNITY DEVELOPMENT
22. Garbage Collection - Trash containers of a size and quantity necessary to serve new or
modified building areas shall be located in areas approved by the Fire Department. Unless
otherwise noted, enclosures, shall consist of a concrete floor surrounded by a solid wall or
fence and have self-closing doors of a size specified by the Fire Department. All enclosures
to be constructed at grade level and have a level area adjacent to the trash enclosure area to
service these containers.
23. Mechanical Equipment - All roof-mounted and ground level mechanical equipment on new
or remodeled structures on site which are visible from the public right of way shall be
screened with similar building materials subject to the approval of the Community
Development Director.
24. Disabled Accessibility - All new and remodeled buildings shall provide disabled access in
accordance with the Uniform Building Code (UBC), and the Uniform Federal Accessibility
Standards (UP AS) and the Federal Americans with Disabilities Act (ADA).
FIRE DEPARTMENT REQUIREMENTS
25. Developmental Review: Review of this proposal is limited to 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 or building
standards. Prior to performing any work, the applicant shall apply to the Building
Department for appropriate construction permits.
26. Required Fire Flow: Required fire flow for this project is 2,500 GPM at 20 psi residual
pressure. The required fire flow is available from area water mains and fire
hydrant( s )which are spaced at the required spacing.
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.
City Council Resolution
S 98-07 - 267 E. Campbell Avenue
Page 8
27. 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 fire sprinkler system. The fire sprinkler system shall be
hydraulically designed per National Fire Protection Association(NFP A) Standard # 13,
1994 edition.
28. 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 -1.
29. Building Submittal: All building permit submittals shall require that the conditions of
approval shall be printed on the first page of all sets of plans.
30. Parking Management Plan: The applicant shall develop a parking management plan that
includes a good faith effort to reach agreement with adjacent property owners and
reasonably assures each property owner that parking spaces on their property will not be
impacted by parking from the subject building or the use of33 N. First Street. The parking
management plan shall return to the City Council for approval. Building permits shall not
be released until the City Council has approved the parking management plan. The cost of
development of the parking management plan and implementation shall be borne by the
applicant.
PASSED AND ADOPTED this 4th day of
vote:
Auqust
, 1998, by the following roll call
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Conant, Furtado, Dougherty, Dean, Watson
None
None
None
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APPROVED:
J
ATTEST:
t:LuUA-
Anne Bybee, City Clerk