PC Res 2908RESOLUTION NO. 2908
BEING A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL
OF A CONDITIONAL USE PERMIT ALLOWING A DRIVE
UP WINDOW AND THE CONSTRUCTION OF A RETAIL
BUILDING ON PROPERTY LOCATED AT 1700-1770 W.
CAMPBELL AVENUE IN A C-1-S (NEIGHBORHOOD
COMMERCIAL) ZONING DISTRICT. APPLICATION OF
MR. DAVID BANDUCCI FOR KIRKORIAN DEVELOPMENT.
FILE NO. UP 93-08/S 93-06.
After notification and Public Hearing as specified by law on the application of
the Mr. David Banducci, on behalf of Kirkorian Development, to allow a
drive up window and the construction of a retail building on property located
at 1700-1770 W. Campbell Avenue, as per the application filed in the Planning
Department on August 12, 1993; and, after presentation by the Planning
Director, proponents and opponents, the hearing was dosed.
After due consideration of all evidence presented, the Planning Commission
did find as follows with respect to File No. UP 93-08/S 93-06:
The proposal is consistent with the General Plan and Zoning District
which permits commercial land use.
The proposal adequately addresses the landscape requirement of the
Neighborhood Commercial Zoning District by providing landscaping of
11% of the site area.
The proposed parking adequately addresses the parking needs of the
proposed uses with the concept of shared parking and varied uses.
The proposed project is of an appropriate scale and design and is
compatible with the existing commercial and residential development in
the area.
The proposed drive-up window and ice cream parlor will be compatible
to other uses in the shopping center and in the general vicinity.
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The presented site plan is adequately sized and will be so improved to
integrate the proposed uses into the neighborhood and shopping center.
Based upon the foregoing findings of fact, the Planning Commission
concludes that:
The establishment, maintenance, or operation of the use applied for will
not be detrimental to the public health, safety, peace, morals, comfort or
general welfare of persons residing or working in the neighborhood of
Resolution No. 2908
UP 93-08/S 93-06 -- 1700-1770 W. Campbell Avenue
Adopted on March 22, 1994
Page 2
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such proposed use, or be detrimental or injurious to property and
improvements in the neighborhood or to the general welfare of the City.
The proposed site is adequate in size and shape to accommodate the said
use with uses in the surrounding area.
The proposed site is adequately served by streets of sufficient capacity to
carry the kind and quantity of traffic such use would generate.
The proposed use is compatible with the uses in the area.
The proposed project, subject to the conditions imposed, is consistent
with the General Plan.
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The proposed project, subject to the conditions imposed, is consistent
with the Commercial Zoning Ordinance requirements relating to
parking and landscaping standards.
The proposed project will aid in the harmonious development of the
immediate area.
Further, the applicant is 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. The lead department with
which the applicant will work is identified on each condition. 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.
Approved Project: This approval is for a 18,400 square foot retail
building located on properties known as 1700-1770 W. Campbell
Avenue. Development shall substantially comply to project materials
listed below, except as may be modified by the Conditions contained
herein.
A. Project drawings prepared by Banducci & Associates, dated February
11, 1994.
B. Color board on file in the Community Development Department.
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Landscaping: Four (4) sets of landscape and irrigation plans indicating
type and size of plant materials, irrigation system and planting details to
be submitted to the Planning Department and approved by the Site and
Architectural Review Committee prior to issuance of building permits.
Landscaping plan to address the following:
Resolution No. 2908
UP 93-08/S 93-06 -- 1700-1770 W. Campbell Avenue
Adopted on March 22, 1994
Page 3
A. Provision of a continuous four (4) foot planting strip at the back of
the sidewalk along Whitwood Lane.
B. Enhancement of the pedestrian walk between the plaza area and the
existing shopping center to the east to provide a minimum width of
seven (7) feet and an additional tree well.
C. Pavement for plaza and pedestrian walls to be textured and have a
colored treatment applied.
Performance Bond: Applicant is to either (1) post a faithful performance
bond in the amount of $15,000 to ensure landscaping, fencing and
striping of parking areas within 3 months of completion of construction;
or (2) file a written agreement to complete landscaping, fencing and
striping of parking area. Bond or agreement to be filed with the
Planning Department prior to application for a building permit.
(Planning)
PROPERTY MAINTENANCE/UTILITIES
4. Property Maintenance: The applicant is hereby notified that 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 & 11.414,
1985 Ed. Uniform Fire Code. (Fire Department)
Garbage Collection: Ordinance No. 782 of the Campbell Munidpal Code
stipulates that any contract for the collection and disposal of refuse,
garbage, wet garbage and rubbish produced within the limits of the City
of Campbell shall be made with Green Valley Disposal Company. (Fire
Department)
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Limited Hours: Operational hours of business are limited to the hours
between 6 a.m. and 11 p.m., daily.
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Trash Containers: Trash container(s) of a size and quality necessary to
serve the development shall be located in area(s) approved by the Fire
Department. Unless otherwise noted, enclosure(s) 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. (Fire Department)
Resolution No. 2908
UP 93-08/S 93-06 -- 1700-1770 W. Campbell Avenue
Adopted on March 22, 1994
Page 4
8. Utility Boxes: Applicant to submit a plan to the Planning Department,
prior to installation of PG&E utility (transformer) boxes, indicating the
location of the boxes and screening (if boxes are above ground) for
approval of the Planning Director. (Planning)
9. Underground Utilities: Underground utilities to be provided as required
by Section 20.36.150 of the Campbell Municipal Code. (Public Works)
10. Utility Connections: Plans submitted to the Building Division for plan
check indicate clearly the location of all connections for underground
utilities including water, sewer, electric, telephone and television cables,
etc. (Building)
PUBLIC SAFETY/WELFARE
11.
12.
13.
14.
Handicapped Requirements: Applicant shall comply with all
appropriate State and City requirements for the handicapped. (Building)
Equipment Screening: All mechanical equipment on roofs and all utility
meters to be screened as approved by the Planning Director. (Planning)
Lighting Plan: Lighting plan shall be submitted to the Planning
Department and approved by the Planning Director prior to issuance of a
building permit. (Planning)
Signs: Sign application to be submitted in accordance with provisions of
the Sign Ordinance for all signs. No sign shall be installed until
application is approved and a permit issued by the Planning and
Building Departments (Section 21.53 of the Campbell Municipal Code).
Project signing as presented on plans is not approved. (Planning)
STREET/SITE IMPROVEMENTS
15. Parking and Driveways: All parking and driveway areas to be developed
in compliance with ~hapter 21.50 of the Campbell Municipal Code. All
parking spaces to be provided with appropriate concrete curbs or bumper
guards.
PUBLIC WORKS
16. Parcel Map.: The applicant shall file and process a parcel map to combine
the parcels.
Resolution No. 2908
UP 93-08/S 93-06 -- 1700-1770 W. Campbell Avenue
Adopted on March 22, 1994
Page 5
17.
Grading and Drainage Plan: The applicant shall submit three (3) copies
of a grading and drainage plan for review by the City Engineer. The
storm drainage system which serves this site must connect to a public
underground storm drainage system.
18.
Improvements on Campbell Avenue: The applicant shall dedicate right-
of-way necessary to construct public improvements on Campbell
Avenue.
19.
Encroachment Permit: The applicant shall submit plans, pay fees, post
surety and obtain an encroachment permit for all work in the public
right-of-way.
FIRE DISTRICT
20. Fire Sprinklers: Structure requires the installation of an automatic fire
sprinkler system throughout all portions of the building. This system
shall conform to NFPA 13, 1989 edition.
21.
Fire Alarm System: Fire sprinkler systems with more than 100
sprinklers shall be supervised by an approved fire alarm system. Alarm
signals shall be transmitted to an approved alarm central station.
22. Knox Box: Provide a Fire Department Knox Box for the building.
Contact Central Fire for ordering information.
23.
Outside Seating: A maximum of 24 seats is allowed in the proposed
plaza area in front of the Baskin Robbins operation. The specific seating,
tables and/or umbrellas shall be approved by the Community
Development Director prior to installation.
PASSED AND ADOPTED this 22nd day of March, 1994, by the following roll
call vote:
AYES:
Commissioners:
NOES:
ABSENT:
Commissioners:
Commissioners:
F~:~~ APPROVED:
ATT ,
Steve Piasec~ki, Secretary
/kine, Kearns, Lindstrom, Meyer-Kennedy,
Perrine
Lowe
None