CC Resolution 9180
RESOLUTION NO. 9180
BEING A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CAMPBELL, APPROVING A
PLANNED DEVELOPMENT PERMIT AND
DEVELOPMENT SCHEDULE TO ALLOW THE
CONSTRUCTION OF A NEW RETAIL BUILDING ON
PROPERTY LOCATED AT 790 E. CAMPBELL
AVENUE FILE NO. PD 96-04.
After notification and public hearing as specified by law on the application for approval
of a Planned Development Permit as referenced in the above heading 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 File No. PD 96-04.
1. No substantial evidence has been presented which shows that the project, as
currently presented, and subject to the attached conditions, would have a significant
effect upon the environment
2. The proposed project, subject to the conditions of approval is similar to other
recently constructed commercial buildings in this neighborhood.
3. The proposed Planned Development Permit is consistent with the General Plan.
4. The proposed massing and design is consistent with other developments in the
surrounding area and is consistent with the development standards for commercial
uses.
5. The proposed project will be compatible to adjacent residential and commercial
uses.
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 proposed land use are compatible with the General Plan of
the City and will aid in the harmonious development of the immediate area.
CITY COUNCIL RESOLUTION
PD 96-04 - 790 EAST CAMPBELL AVENUE
Page 2
3. The proposed development will not be detrimental to the health, safety or welfare
of the neighborhood or the City as a whole.
Based upon the above findings, the City Council approves the Planned Development
Permit by upholding the Planning Commission's recommendation as presented in
Planning Commission Resolution No. 3054 and approving the attached Development
Schedule.
PASSED AND ADOPTED this 7th day of January, 1991by the following roll call
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Dougherty, Watson, Dean, Furtado, Conant
None
None
None
APPROV~~& 6-u.d
Barbara D. Conant, Mayor
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ATTEST: ~
e Bybee, CIty Clerk
Attachments:
1. Exhibit A, Planning Commission Resolution No. 3054
2. Exhibit B, entitled Development Schedule
EXHIBIT "A"
RESOLUTION NO. 3054
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL, CALIFORNIA, RECOMMENDING
APPROVAL OF A PLANNED DEVELOPMENT PERMIT TO
ALLOW THE CONSTRUCTION OF A NEW RETAIL BUILDING OF
APPROXIMATELY 3,400 SQUARE FEET ON PROPERTY
LOCATED AT 790 E. CAMPBELL AVENUE IN A PD (pLANNED
DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR
CHARLES STEGNER, ON BEHALF OF INW ALLE/STEGNER.
FILE NO. PD 96-04.
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 PD 96-04.
1. No substantial evidence has been presented which shows that the project, as currently
presented, and subject to the attached conditions, would have a significant effect upon the
environment
2. The proposed project, subject to the conditions of approval is similar to other recently
constructed commercial buildings in this neighborhood.
3. The proposed Planned Development Permit is consistent with the General Plan.
4. The proposed massing and design is consistent with other developments in the
surrounding area and is consistent with the development standards for commercial uses.
5. The proposed project will be compatible to adjacent residential and commercial uses.
,
Based upon the foregoing findings of fact, the Planning Commission 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 proposed land use are 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 result in allowing more residential units than would
be allowed by other residential zoning districts which are consistent with the general plan
designation of the property; and
4. The proposed development will not be detrimental to the health, safety or welfare of the
neighborhood or the City as a whole.
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
Planning Commission Resolution No. 3054
PD 96-04 - 790 E. Campbell Avenue
Page 2
which pertain to this application and are not herein specified. And, that this approval is granted
subject to the following Conditions of Approval.
PLANNING DEPARTMENT
1. Approved Proiect: Approval is granted to construct a new retail building on the project
site. The building design shall substantially conform to the exhibits listed below, except as
may be modified by ~e Conditions of Approval.
A. Site and building plans prepared by Richard Fish, dated and revised November 2,
1996.
B. Approved building uses shall be restricted to commercial uses permitted in the C-1-
S(Neighborhood Commercial) Zoning District. Chapter 21.22, Campbell Municipal
Code.
2. Landscaping: The applicant shall submit a landscape, planting details and irrigation plan
for approval by the Site and Architectural Review Committee, prior to issuance of
building permits, addressing the following:
A. Preparation of a landscape plan consistent with the Water Efficiency Landscape
Standards, including addition of a street tree on Union Ave.
B. Landscape Bond or Agreement
C. Introduction of more varied plant materials.
D. Provision of details of the trellis structures along the southern property line.
E. An increase in the size of the proposed street trees to 24" box minimum and the
provision of an additional tree along Union Avenue.
3. WalllBuffer: A fencing plan indicating location, height, and details of the 6' wall along
the western property line and an acoustical analysis of the adjacent carport structure to be
approved by the Planning Department prior to issuance of a building permit.
4. 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 Department.
5 Trash DisposallRecvc1ing: The applicant shall submit details regarding the design and
location of trash disposaVrecycling facilities to the City for review and approval prior to
issuance of building permits.
Planning Commission Resolution No. 3054
PD 96-04 - 790 E. Campbell Avenue
Page 3
6. Property Maintenance: The applicant is hereby notified that the property is to be
maintained free of any combustible trash, debris and weeds.
7. On-site Lighting: On-site lighting shall be shielded away from adjacent properties and
directed on site. Details of project lighting shall be approved by the Planning
Department prior to the issuance of building permits.
8. Signage: Signage is not approved as part of this application. Any exterior building
signage shall require a sign permit and approval as required by Chapter 21.53 (Signs) of
the Campbell Municipal Code.
FIRE DISTRICT
9. No Fire District Requirements.
PUBLIC WORKS
10. Dedication of Rhrht-of- Wav: Prior to issuance of building permits for the site, the
applicant shall dedicate additional right-of-way along the Campbell Avenue frontage to
provide for a 45 feet, half-street width with a 20 feet radius curve at the comer of Union
and Campbell A venues. The applicant shall prepare, to the City's satisfaction, all
documents necessary to record the dedication including plats, legal descriptions,
preliminary title report and grant deed.
11. Storm Drain Area Fee; Prior to issuance of any building permits for the site, the
applicant shall pay the required storm drain area fee which is currently $2,500 per acre.
12. Grading and Drainage Plan: Prior to issuance of any building permits for the site, the
applicant shall conduct hydrology studies, as necessary, perepare grading ana drainage
plans and pay fees required to obtain necessary grading permits.
13. Standard Street Improvements: Prior to issuance of any building permits for the site, the
applicant shall prepare plans, pay fees, post securities and provide insurance as required
to obtain an encroachment permit to construct public street improvements as required by
the City Engineer. Public street improvement plans shall be prepared by a registered
Civil Engineer licensed in the State of California and shall include the following:
Campbell Avenue
A. Removal of the existing curb, gutter, driveways, sidewalk and curb ramp along the
complete property frontage including the curb return area. Removal of existing
curb, gutter and sidewalk to west of property to construct taper from new
improvements to existing improvements.
B. Construction of new curb and gutter at 35' from centerline, 10' sidewalk and
commercial driveway including the curb ramp in return area.
C. Planting of street trees in tree wells including installation of irrigation system.
Planning Commission Resolution No. 3054
PD 96-04 - 790 E. Campbell Avenue
Page 4
D. Removal and reconstruction of existing storm drain facilities and fire hydrant.
Relocation of the fire hydrant shall meet the requirements of the San Jose Water
Company.
E. Relocation of existing power poles and related facilities to back of curb m
accordance with the requirements of PG&E and the City of Campbell.
F. Construction of complete street lighting system, including standards and mast arms,
luminaires, conduit, pull box, wiring and related facilities.
G. Construction of new asphalt concrete pavement, as needed, to wide the traveled way
from 32' to 35'.
H. Construction of necessary conforms to join existing improvements.
1. . Restriping of Campbell A venue from existing centerline to new face of curb.
1. Protection of all existing facilities to remain (such as traffic signal facilities).
Union A venue
A. Removal of driveway and related curb, gutter and sidewalk.
B. Construction of new commercial driveway.
C. Construction of curb, gutter and sidewalk as required to replace the removed
driveway.
D. Planting/installation of street trees, tree wells and irrigation system.
E. Installation of new electrical conduits under new driveway and sidewalk for future
traffic signals and street lighting uses.
F. Protection of existing traffic signals and street lighting systems.
14. Utilities: Existing and/or new water meter(s) and sewer cleanouts shall be installed at
back of property line. Existing utility conduits, splice b.oxes, vaults and related
appurtenances shall be relocated as required by the respective utility companies.
15. Utility Construction Coordination in Public Right-of-Way: Submit a Utility Coordination
Plan and Schedule for approval by the City Engineer, for installation of electrical, gas,
telephone, cable television, sanitary sewer, water and storm drain improvements to
minimize damage to City streets, sidewalks and related facilities.
16. Traffic Control: Install striping, markers, signs, posts and foundations and related
facilities as determined by the City Engineer.
Planning Commission Resolution No. 3054
PD 96-04 - 790 E. Campbell Avenue
Page 5
17. Storm Water Management: Comply with California Storm Water Best Manavement
Practice Handbook (or Construction Activiry. prepared by Storm Water Quality Task
Force, Santa Clara County.
18. Standard Specifications & Details: Comply with the City of Campbell Standard
Specifications and Details for Public Works Construction.
19. Completion of Public Street Improvements: Prior to issuance of occupancy for the site,
all public street improvements required by the encroachment permit must be completed
and accepted by the City Engineer and the applicant must provide the one-year
maintenance security.
PASSED AND ADOPTED this 26th day of November, 1996, by the following roll call vote:
AYES:
COMMISSIONERS:
Alne, Jones, Kearns, Lindstrom, Lowe, Meyer-
Kennedy
None
Gibbons
None
NOES:
ABSENT:
ABSTAIN:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
APPROVED:
Mel Lindstrom, Chair
... .
EXHIBIT B
DEVELOPMENT SCHEDULE
PD 96-04 - 790 EAST CAMPBELL AVENUE
Construction shall commence within one year of the approval of the project by the City
Council and shall be completed within one year of the commencement.