CC Resolution 8776
..
RESOLUTION NO. 8776
BEING A RESOLUTION OF THE CITY COUNCIL OF THE
CITY . OF CAMPBELL SUPPORTING THE
RECOMMENDATION OF THE PLANNING COMMISSION
FOR APPROV AL OF A SITE AND ARCHITECTURAL
PERMIT FOR SITE MODIFICATIONS AND A USE PERMIT
FOR A HOTEL EXPANSION AND RESTAURANT USES
SERVING ALCOHOL, UTILIZING SHARED ON -SITE
PARKING AND PROVIDING OUTDOOR SEATING FOR
PROPERTY LOCATED AT 1875 S. BASCOM A VENUE (THE
PRUNEY ARD).
After notification and public hearing as specified by law on the application of
Mr. David Word, on behalf of Pruneyard Associates, for approval of a Site and
Architectural permit to reconfigure existing retail space, construct new retail
space, modify on-site pedestrian and vehicular circulation, and parking and
landscaping; and a Use Permit to allow hotel expansion, the sale of alcoholic
beverages at restaurants, outdoor seating and the continuation of shared
parking facilities, 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 applications S 94-08/UP 94-19:
1. The proposal is consistent with the General Plan and Zoning
designations which indicate a Commercial land use for this property.
2. The proposed site improvements of 13 percent on site landscaping and
streetscape improvements adequately address the aesthetic concerns
related to the project/ site.
3. The proposed parking and circulation with the recommended
conditions of approval creates a project which integrates the proposed
uses on site.
4. No substantial evidence has been presented which shows that the
project, subject to conditions of approval, will have a significant
negative impact on the environment.
5. There is no evidence before the City determining that the proposed
project will have a significant negative impact on wildlife resources.
6. The City of Campbell has prepared an Initial Study for the project in
order to determine if the project would have a significant
environmental impact.
City Council Resolution - S 94-08/UP 94-19 -- The Pruneyard
Adopted on February 7, 1995
Page 2
7. Adequate on site parking and circulation has been provided for the
proposed project and the commercial, office and retail uses on site.
8. All proposed uses are compatible within the site and with adjacent
land uses~
9. Usage of the existing square footage will likely increase with proposed
renovations including new restaurants, a hotel expansion, and new
retail/ commercial buildings constructed on site.
10. The existing off-site conditions adjacent to the ingress and egress access
points for the site create Level of Service (LOS) and circulation
conflicts. Conditions of Approval5-(d,e,g &i) are required to address
traffic increases as a result of the proposed project as specified below:
a) 146 additional trips will be generated in the peak hour and will
result in increased traffic circulation delays;
b) A signalized intersection with a new driveway will eliminate
the problem intersection (driveways) and modify the existing
Campbell / Union Avenue intersection.
11. Storm drainage easement is required to address additional runoff as a
result of this project.
Based upon the' foregoing findings of fact, the Planning Commission further
finds and concludes that:
1. The proposed project, with conditions of approval, is consistent with
the policies of the General Plan and the Zoning Ordinance in effect at
the time of the application submittal and is consistent with uses in the
immediate area.
2. The proposed project will aid in the enhancement and the harmonious
development of the immediate area. The establishment, maintenance,
or operation of the use 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.
3. The proposed use will not be detrimental or injurious to property and
improvements in the neighborhood or to the general welfare of the
City and its residents.
City Council Resolution - S 94-08/UP 94-19 -- The Pruneyard
Adopted on February 7, 1995
Page 3
4. The proposed project with the conditions imposed, will not have a
significant adverse impact on the environment and a Negative
Declaration has been prepared for the project.
5. The proposed site is adequate in size and shape to accommodate the
proposed use and site improvements.
6. These conditions are required as related and proportional to the
impacts of the project.
7. The proposed use (restaurants serving alcohol) will not result in an
over-concentration of such uses in the area, create a nuisance, disturb
the peace of nearby residents or cause a significant increase in the
demand on City services because the proposed use will operate within
hours allowed under the Ordinance.
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:
1. Project Approval: Approval of this project allows the following:
A. Site modifications, including reconfiguration and construction
of retail space in accordance with plans date stamped (Exhibit A).
B. On-site pedestrian and vehicular circulation;
C. Reconfigured parking and landscaping;
D. Use Permit to allow hotel expansion;
E. Use Permit for restaurants with outdoor seating, on site sale of
alcohol and shared parking facilities; and
F. Open area food kiosk to be located in UA Cinema plaza.
2. Future Site Construction (Hotel Expansion and Satellites): Final plans
for the hotel expansion and IIsatellitell retail pads are subject to review
by the Site and Architectural Review Committee and approval prior to
issuance of building permits. Retail pad on Campbell can be located
anywhere along Campbell A venue subject to Site and Architectural
Review Committee review and Planning Commission approval.
3. Signs
A. Signage Program: Applicant shall prepare a master signage
program for all signs on site which are intended for the
advertisement of uses within the site. Said program shall
City Council Resolution - S 94-o8/UP 94-19 -- The Pruneyard
Adopted on February 7, 1995
Page 4
conform with the sign ordinance and shall include all wall
mounted, projecting and free standing signs. All new signs shall
conform to sign program in effect at the time of filing.
B. Freeway Signs: All freeway oriented signs require final approval
from the City Council.
4. Parcel Map /Parcel Consolidation: A parcel map shall be recorded
which eliminates any conflicts with existing or proposed buildings and
is not in conflict with any health, safety or other codes as applicable.
5. Public/Street Improvements: Applicant shall construct improvements
found necessary by the City Engineer according to generally accepted
engineering practice. Applicant shall submit existing and proposed
street centerline, monuments, right-of-way lines, public street
improvements and public utility facilities on all required street
improvement plans as follows:
A. Campbell Avenue Sidewalk Plans: Submit street improvement
plans for Campbell Avenue that include:
1. Demolition of existing curb and gutter, portion of the
roadway and street lighting system.
2. Construction of new concrete curb and gutter with new
curb face located 10 feet southerly of existing curb face, 9.5
foot wide sidewalk and street lighting system. The design
should transition to the existing curb face at the Bascom
Avenue curb return to minimize changes to street
improvements at the Bascom A venue/ Campbell Avenue
intersection.
3. Pavement Striping, Markers and Signage Plans: Submit
pavement striping, markers and signage plans along
Campbell Avenue to reflect proposed vehicle lanes,
bicycle lanes and on-street parking associated with the
relocated curb and gutter.
4. Relocation of Public Storm Drainage Facilities: Applicant
shall undertake a study in accordance with generally
accepted engineering practice to determine requirements
for relocation of public storm drainage facilities, if
required, to meet the conditions of approval. If required,
City Council Resolution - S 94-08/UP 94-19 -- The Pruneyard
Adopted on February 7,1995
Page 5
submit storm drainage relocation plans and/or public utility
relocation plans. On street improvement plans for Campbell
Avenue shall include the location of existing public utilities
behind existing back of curb and identify remaining utilities to be
relocated, if any, relative to the proposed new face of curb.
B. Traffic Signal Interconnect: Design and construct a traffic signal
interconnect conduit below the sidewalk along Campbell
Avenue with conductors connecting the existing Bascom
Avenue/Campbell Avenue signal with the proposed modified
signal at Campbell A venue/Union Avenue. Extend the conduit
with pull rope westerly to a new pullbox at the westerly limits of
the Pruneyard parcel adjacent to the Highway 17 right-of-way.
C. Luminaires: Install new city-provided luminaires, if necessary
as determined by the City Engineer, on Campbell and Bascom
Avenues (to be furnished at no cost to the developer) in
conjunction with the Bascom and Campbell Avenue sidewalk
improvements.
D. Relocation of Traffic Signals and Loop Detectors: Submit plans
for. relocation of traffic counting loop detectors at the Bascom
Avenue/Campbell Avenue intersection if relocation is due to
proposed street improvements and conditions of approval.
E. Driveway Approaches: Relocate the two existing westerly
Campbell Avenue driveway approaches (northbound into
Pruneyard and southbound from Pruneyard) to a combined
driveway with a fully signalized intersection at Union Avenue.
Replace westerly driveway with curb, gutter and sidewalk to
conform to proposed Campbell Avenue street improvements.
The City and the applicant shall enter into a cost sharing
agreement for construction of required off-site improvements to
the Campbell/Union Avenue signal. The applicant shall pay
one-half the cost of said off-site improvements at the
Campbell/Union Avenue intersection not to exceed twenty-five
thousand dollars ($25,000).
F. Boulevard Treatment/Bascom Avenue: Submit plans for
review and approval of the Planning and Public Works
Departments for construction of Bascom A venue boulevard
treatments that include construction/modification of concrete
sidewalks, street trees, landscaping and irrigation in
conformance with the City's Streetscape Policy.
City Council Resolution - S 94-08/UP 94-19 -- The Pruneyard
Adopted on February 7, 1995
Page 6
G. Bascom Avenue (Northern) Driveway Modifications: Submit
engineered design plans for two northbound left turn lanes from
the site. Design to include: loop detectors, sidewalks, street
striping and landscaped pedestrian median. Construction of
improvements shall be provided by the City at the City's
expense.
H. Speed Bumps: Submit plans showing the location and
replacement of all on-site speed bumps with City-approved
speed undulations (speed bumps).
I. Relocate Bascom A venue Driveway: Relocate the existing
southerly Bascom Avenue driveway approximately 160 feet
northerly. Replace existing driveway approach with curb, gutter
and sidewalk to conform to Bascom Avenue boulevard
treatment design.
J. Underground Utilities: Install new on-site utilities
underground per Section 20.36.150 of the Campbell Municipal
Code for any new or remodeled buildings. Provide evidence
from all utility companies that the proposed development
modifications can be served. Comply with the plan submittal,
permit and fee requirements of the utilities associated with new
or modified service connections.
K. Grading and Drainage Plans: All grading plans shall meet City
stapdards as deemed appropriate for the proposed development.
A grading permit shall be issued in conjunction with building
permi ts.
1. Plans: Submit grading and drainage plans with hydrology
and hydraulic calculations for existing on-site drainage
improvements and for proposed on-site grading
improvements showing proposed pad elevations of new
structures, existing and proposed on-site and off-site
grading and storm drainage systems and controlled site
drainage onto public right-of-way.
2. Grading/Erosion Control Plans: Submit final grading,
grading and erosion control plans to the Planning and
Public Works Departments for approval prior to issuance
of building or grading permits.
City Council Resolution - S 94-08/UP 94-19 -- The Pruneyard
Adopted on February 7, 1995
Page 7
3. Storm Drainage Easement: Record a 20-foot wide storm
drainage easement parallel and immediately adjacent to
the westerly boundary of the Pruneyard.
L Encroachment Permits: Submit application for an
encroachment permit(s), pay fees and post surety for all
construction within the City's right-of-way.
M. National Pollutant Discharge Elimination Permit (NPDES): Be
advised that the Regional Water Quality Control Board will
require that all construction on sites larger than five acres will
require the project to be covered by a National Pollutant
Discharge Elimination (NPDES) permit. Permit conditions may
require construction and post-construction storm water
management plans. The applicant is responsible for obtaining
this permit, providing plans and paying associated fees.
N. Utilities: All utilities and utility pedestals for new or modified
building areas shall be diagramed on a site utility plan indicating
the location of the pedestals and how the equipment will be
screened prior to the installation of any utility pedestals
(transformers) on site, subject to the review and approval by the
Community Development Director.
6. Site Plan
A. Final Site Plan: All final site plans including satellite pad
locations, and location of pedestrian walkway and landscaping,
shall be submitted to the City for review and subject to approval
by the Community Development Director for substantial
compliance with approved plans prior to issuance of building
permi ts.
B. Development Schedule: Applicant shall begin construction
within one (1) year of final approval.
C Parking and Striping: Consistent site parking striping (either 60,
75 or 90 degree angled parking) within specified areas.
D. Parking and Driveways: All parking and driveway areas shall be
developed in compliance with Chapter 21.50 of the Campbell
Municipal Code, including parking modifications as approved by
the City.
City Council Resolution - S 94-08/UP 94-19 -- The Pruneyard
Adopted on February 7, 1995
Page 8
E. Pedestrian Connections: Applicant shall install pedestrian
walkway connections from the public right of way as indicated
on the site plan. Site plan shall reflect site improvements
including pedestrian connections throughout the site.
F. Future Development: Applicant shall obtain a Special
Development Permit from the City Council for all future
development occurring in the Office (0) Overlay zone.
7. Dedication to City: Applicant shall dedicate additional right of way on
Bascom Avenue to back of sidewalk and record proper right of way to
City as specified by the Public Works Department. Area to be dedicated
shall include the 10-foot wide landscaped parkway and the 7-foot wide
public sidewalk.
8. 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.
9. New Retail Building Elevations
A. Building Design: Applicant shall continue to work with staff on
resolving articulation of building facade to provide consistency
of building elements and details within the retail center.
Exterior facade details shall be resolved prior to issuance of
building permits.
B. Building Treatment: Applicant shall submit plans indicating
pedestrian level building treatment, colors and materials. Plans
shall include architectural features such as street furniture,
bicycle parking facilities, landscape planters, windows, and the
lik~. These plans shall be consistent with the center and City of
Campbell design and development standards, and are subject to
review and approval by the Community Development
Departmen t.
10. Demolition Permit: Applicant is required to obtain a building permit,
subject to review and approval by the Building Official prior to
issuance of a demolition permit unless otherwise approved by the
Building Official.
City Council Resolution - S 94-08/UP 94-19 -- The pruneyard
Adopted on February 7, 1995
Page 9
11. Handicapped Accessibility: All new and remodeled buildings shall
provide handicap access in accordance with the Uniform Building
Code (UBC), and the Uniform Federal Accessibility Standards (UFAS)
and the Federal Americans with Disabilities Act (ADA).
12. 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.
13. Fire Protection
A. Warehouse/Retail: All new or remodeled buildings shall
comply with requirements of the Central Fire District. Applicant
shall provide Fire sprinklers and Type V-one hour construction
for the new warehouse retail, as permitted for allowable area
increases. UBC 506 A.
B. Hotel Expansion: All new construction shall provide one (1)
hour fire resistive construction for all walls and floors of the
new hotel expansion. UBC 1202 B.
C. Area Separation/Hotel Expansion: All new construction shall
provide an area separation for the new hotel expansion as
required subject to allowable area increases for the existing hotel.
UBC 506 A.
D. Exiting Requirements: All new and renovated tenant spaces
(units) with retail occupancies that allow 50 or more persons
based on 30 sq.ft. per occupant must show two means of egress
separated by one half of the overall diagonal dimensions of
served area. UBC chapter 3303 - Table 33A
14. Landscaping
A. Site Landscape Plan: Applicant shall provide the required 10%
landscaping on site per the zoning ordinance. All landscaping
shall satisfy the City's Water Efficient Landscape (WELS)
standards. All landscape plans shall be submitted to the City for
review and subject to approval by the Community Development
Director.
B. Tree Wells: Applicant shall install 15-gallon shade trees in
designated locations on site in all perimeter parking areas of a
City Council Resolution -- S 94-08/UP 94-19 -- The Pruneyard
Adopted on February 7, 1995
Page 10
size and type acceptable to the City in conformance with the
approved site plan.
C. Tree Protection Plan: Applicant shall provide tree protection
plan indicating trees to be protected and maintained on site.
D. Streets cape Trees and Landscaping: All street trees shall be
installed and maintained in accordance with the Streetscape
Guidelines for Bascom and Campbell Avenues including the
size and type as specified by the City and approved on the final
site plan.
E. Northwest Corner: Applicant shall install landscaping from
Creek Trail Access to hotel expansion along northern property
line. Improvements shall include pedestrian connection from
Creek Trail into site.
15. Site Construction
A. Construction and Equipment: Applicant shall utilize
construction equipment which adequately muffles noise in
accordance with Section 18.02.030 of the City of Campbell
Municipal Code. Construction activities and construction
equipment shall comply with all air quality emission policies as
determined by the Bay Area Air Quality Management District
and the Building Official for the City of Campbell.
B. Construction Activities:
1. Hours of construction shall be limited to 7 a.m. to 5 p.m.
Monday - Friday, and 8 a.m. to 4 p.m. On Saturdays. No
construction activity shall occur on Sundays or Holidays.
2. The construction site shall be watered, as necessary, but
not less than twice per day in areas of new construction or
grading where dirt is exposed to control dust.
3. Haul trucks and material stockpiles shall be covered.
4. The construction area and surrounding streets shall be
swept as necessary, but not less than once daily. All areas
shall be adequately fenced for safety per the Building
Official.
16. Liquor Licenses: Approval is granted to allow the serving of alcoholic
beverages (including beer and wine) with meals, at existing or future
sit-down restaurants as designated on the approved site plan.
City Council Resolution - S 94-08/UP 94-19 -- The Pruneyard
Adopted on February 7,1995
Page 11
PASSED AND AOOPfED this 7th day of February 1995, by the following roll
call vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Councilmembers: Watson, Dougherty, Conant, Wilkinson, Burr
Councilmembers: None
Councilmembers: None
Councilmembers: None
ATTEST:
a-~
Anne Bybee, City Clerk
APPRO~~~
Donald R. Burr, Mayor