Zoom Planning Commission Meeting of August 10, 2021: the Next Regular Meeting Will Consider the Following Item(S)

PLANNING COMMISSION City of Campbell, California

Register in advance for this webinar: July 27, 2021 Tuesday https://campbellca- Zoom gov.zoom.us/j/87337632211?pwd=T3g3bzZ3aW9OcWxlK1BObkdET1V tUT09

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AGENDA

CONVENE MEETING This Regular Planning Commission meeting will be conducted via telecommunication and is compliant with provisions of the Brown Act and Executive Order N-29-20 issued by the Governor.

The following members of the Planning Commission are listed to permit them to appear electronically or telephonically at the regular Planning Commission meeting on July 27, 2021: Chair Maggie Ostrowski, Vice-Chair Stuart Ching, Commissioners Adam Buchbinder, Andrew Rivlin; Nick Colvill, Michael Krey and Alan Zisser.

Members of the public will not be able to attend meetings at the Campbell City Council Chamber physically. The Planning Commission meeting will be live-streamed on Channel 26, the City's website, and YouTube (https://www.youtube.com/user/CityofCampbell).

Those members of the public wishing to participate are asked to register in advance at: https://campbellca-gov.zoom.us/j/87337632211?pwd=T3g3bzZ3aW9OcWxlK1BObkdET1VtUT09. After registering, you will receive a confirmation email containing information about joining the meeting.

Public comment for the Planning Commission meetings will be accepted via email at [email protected] prior to the start of the meeting. Written comments will be posted on the website and distributed to the PC. If you choose to email your comments, please indicate in the subject line “FOR PUBLIC COMMENT” and indicate the item number.

ROLL CALL

APPROVAL OF THE MINUTES July 13, 2021

AGENDA MODIFICATIONS OR POSTPONEMENTS

ORAL REQUESTS This is the point on the agenda where members of the public may address the Commission on items of concern to the Community that are not listed on the agenda this evening. People may speak up to 5 minutes on any matter concerning the Commission.

Planning Commission Agenda for July 27, 2021 _ Page 2 of 2

PUBLIC HEARINGS 1. PLN-2021-85/86 Public Hearing to consider the Applications (PLN-2021-85/86) of Peter Guiley for Site and Architectural Review Permits to allow approximately 60 square-foot additions to two existing fourplexes, accommodating new bathrooms, on properties located at 45 Fulton Street and 1855 Whitwood Lane. Staff is recommending that this item be deemed Categorically Exempt under CEQA. Planning Commission action final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Daniel Fama, Senior Planner

NEW BUSINESS

REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR

ADJOURNMENT

Adjourn to the next regularly scheduled Planning Commission meeting of August 10, 2021, at 7:30 p.m., and likely to be conducted using Zoom.

Americans with Disabilities Act (ADA) In compliance with the Americans with Disabilities Act, listening assistance devices are available for meetings held in the Council Chambers. If you require accommodation to participate in the meeting, please contact Corinne Shinn at the Community Development Department, at [email protected] or (408) 866-2140.

CITY OF CAMPBELL PLANNING COMMISSION

MINUTES

7:30 P.M. TUESDAY JULY 13, 2021 REMOTE ON-LINE ZOOM MEETING

The Planning Commission meeting on July 13, 2021, was called to order at 7:30 p.m. by Chair Ostrowski and the following proceedings were had, to wit:

ROLL CALL

Commissioners Present: Chair Ostrowski: Maggie Ostrowski Vice Chair: Stuart Ching Commissioner: Adam Buchbinder Commissioner: Nick Colvill Commissioner: Michael Krey Commissioner: Andrew Rivlin Commissioner: Alan Zisser

Commissioners Absent: None

Staff Present: Community Development Director: Rob Eastwood Senior Planner: Daniel Fama Senior Planner: Stephen Rose City Attorney: William Seligmann Recording Secretary: Corinne Shinn

APPROVAL OF MINUTES

Motion: Upon motion by Commissioner Krey, seconded by Commissioner Buchbinder, the Planning Commission minutes of the meeting of July 13, 2021, were approved as submitted. (7-0)

COMMUNICATIONS

None

Campbell Planning Commission Minutes for July 13, 2021 Page 2

AGENDA MODIFICATIONS OR POSTPONEMENTS

None

ORAL REQUESTS

None

COMMISSION DISCLOSURES

Chair Ostrowski asked the Commission if there were any disclosures for items on tonight’s meeting agenda.

Commissioner Zisser said he visited the Marvel Cake Shop and spoke casually with staff on site but nothing pertaining to this evening’s item on the agenda.

***

PUBLIC HEARINGS

Chair Ostrowski read Agenda Item No. 1 into the record as follows:

1. PLN-2021-24 Public Hearing to consider the application (PLN-2021-24) of GKW Architects, Inc. for a Site and Architectural Review Permit to allow construction of an approximately 3,000 square-foot two-story single-family dwelling, on property located at 952 Kenneth Avenue. Staff is recommending that this item be deemed Categorically Exempt under CEQA. Planning Commission action final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Daniel Fama, Senior Planner

Mr. Daniel Fama, Senior Planner, provided the staff report.

Chair Ostrowski asked for the Site and Architectural Review Committee report.

Vice Chair Ching provided the Site and Architectural Review Committee report as follows: • SARC found this proposal to be consistent with the San Tomas Area Neighborhood Plan (STANP). • Added that the project has quality design. • Concluded they were very supportive.

Chair Ostrowski asked if there were any questions for staff.

Commissioner Zisser pointed out that a tree to be planted along one side of the property for screening purposes is recommended as a deciduous species. Is there a reason for installing a deciduous tree that loses its leaves each year when it is intended to offer privacy screening? Campbell Planning Commission Minutes for July 13, 2021 Page 3

Planner Daniel Fama stated that if the Commission feels that an evergreen tree is more appropriate, they can incorporate that change into the condition of approval.

Chair Ostrowski referenced page A003 of the project plans and said that it looks like a part of the roof is a façade and that the second story has vertical walls.

Planner Daniel Fama reported that in order to break up massing, dormer features are used and appear kind of popped out.

Chair Ostrowski opened the Public Hearing for Agenda Item No. 1.

Chair Ostrowski closed the Public Hearing for Agenda Item No. 1.

Commissioner Krey: • Said this home does have an unusual roof. • Added that there currently are no other two-story homes in this area. • Said that the design is fine. • Pointed out that there have been no objections from the neighborhood association, San Tomas Area Community Coalition (STACC).

Commissioner Buchbinder: • Said this is a very traditional roof. • Pointed out that the neighbors are happy with the window placement. • Admitted he is glad to see this project include an ADU (accessory dwelling unit).

Commissioner Rivlin: • Said that this house reflects unusual architecture. • Added that it has been designed to the owner’s liking. • Reiterated that there is no objection from STACC (San Tomas Area Community Coalition).

Planner Daniel Fama said that there have not been letters submitted as of late from STACC.

Commissioner Rivlin said that if there are no comments that the neighborhood group supports the project.

Commissioner Colvill: • Stated that this is his neighborhood. • Reminded that the STANP has large and deep lots. • Concluded that this is a nice area of Campbell for a house such as this one.

Chair Ostrowski suggested a motion.

Motion: Upon motion of Commissioner Ching, seconded by Commissioner Zisser, the Planning Commission adopted Resolution No. 4618 approving a Site and Architectural Review Permit to allow Campbell Planning Commission Minutes for July 13, 2021 Page 4

construction of an approximately 3,000 square-foot two-story single- family dwelling, on property located at 952 Kenneth Avenue, by the following roll call vote: AYES: Buchbinder, Ching, Colvill, Krey, Ostrowski, Rivlin, and Zisser NOES: None ABSENT: None ABSTAIN: None

Chair Ostrowski advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days.

***

Chair Ostrowski read Agenda Item No. 2 into the record as follows:

2. PLN-2020-123 Public Hearing to consider the application (PLN-2020-123) of Laura Cerda for a Modification of a Conditional Use Permit to allow the establishment of a late-night (24-hour) ‘towing services’ station (d.b.a. AAA Roadside Assistance) with indoor area for servicing tow trucks and a Parking Modification Permit to allow a reduction in the number of required parking spaces at 1070 Dell Avenue. Staff is recommending that this item be deemed Categorically Exempt under CEQA. Planning Commission action final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Stephen Rose, Senior Planner

Mr. Stephen Rose, Senior Planner, provided the staff report.

Chair Ostrowski asked if there is a SARC report.

Vice Chair Ching provided the Site and Architectural Review Committee report as follows: • Advised that SARC was supportive of this application. • Added that SARC had recommended additional landscaping at the front of the building which the applicant added to the plans.

Chair Ostrowski asked if there were any questions for staff.

Commissioner Buchbinder: • Pointed out that it appears the total number of towing vehicles exceeds what could fit within this facility. • Sought clarification that at no point all of the company’s tow vehicles would be on this site.

Chair Ostrowski opened the Public Hearing for Agenda Item No. 2.

Jeff Hanusin, Representing AAA NCNU: Campbell Planning Commission Minutes for July 13, 2021 Page 5

• Explained that there is no members of the public coming to this facility. • Advised it would just be employees. • Added that no wrecked vehicles would be brought to this location.

Commissioner Krey asked how many employees would come to this site.

Jeff Hanusin: • Said that when fully staffed, they would have six office workers. • Added that there would be a maximum of 19 tow vehicles on site for maintenance.

Commissioner Krey asked whether the operators who would pick up a tow vehicle from this location would also leave their personal vehicle on site.

Jeff Hanusin replied correct.

Commissioner Rivlin asked if there would be dispatch staff as well.

Jeff Hanusin clarified that the office staff of up to six that he previously mentioned would be the staff dispatching tow vehicles. That is their long-term model.

Chair Ostrowski closed the Public Hearing for Agenda Item No. 2.

Commissioner Buchbinder stated his appreciation for the extra landscaping added to the frontage by the applicant as requested by SARC.

Commissioner Krey: • Opined that allowing for one fewer parking spaces than required is not a big deal in this situation. • Said that he has no problems with this application. • Concluded that this is the kind of location best suited for this use.

Motion: Upon motion of Vice Chair Ching, seconded by Commissioner Buchbinder, the Planning Commission adopted Resolution No. 4619 approving a Modification of a Conditional Use Permit to allow the establishment of a late-night (24-hour) ‘towing services’ station (d.b.a. AAA Roadside Assistance) with indoor area for servicing tow trucks and a Parking Modification Permit to allow a reduction in the number of required parking spaces at 1070 Dell Avenue, by the following roll call vote: AYES: Buchbinder, Ching, Colvill, Krey, Ostrowski, Rivlin, and Zisser NOES: None ABSENT: None ABSTAIN: None

Chair Ostrowski advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days.

Campbell Planning Commission Minutes for July 13, 2021 Page 6

***

Chair Ostrowski read Agenda Item No. 3 into the record as follows:

3. PLN-2021-74 Public Hearing to consider the application of Reza Mirzadeh for a Conditional Use Permit (PLN-2021-74) to allow beer and wine in association with an existing retail cake store/café (d.b.a. Marvel Cake) within an existing commercial tenant space located at 1614 W. Campbell Avenue in the C-1 (Neighborhood Commercial) Zoning District. Staff is recommending that this item be deemed Categorically Exempt under CEQA. Planning Commission action final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Stephen Rose, Senior Planner

Mr. Stephen Rose, Senior Planner, provided the staff report.

Chair Ostrowski asked there was a SARC report for this item.

Vice Chair Ching advised that there was not a SARC report for Item 3.

Chair Ostrowski asked if there were any questions for staff.

Chair Ostrowski asked if part of the reason for this application is to allow “to go” alcohol sales.

Planner Stephen Rose replied they seek both on-site consumption as well as “to go” sales with other products sold by Marvel Cake.

Chair Ostrowski opened the Public Hearing for Agenda Item No. 3.

Chair Ostrowski closed the Public Hearing for Agenda Item No. 3.

Commissioner Zisser: • Reminded that he visited this business the other day. • Stated that it is a lovely place and totally appropriate. • Added that it is nice to see Kirkwood Plaza doing well. • Pointed out that Marvel Cake is very upscale. They have a separate room for seating for those staying to eat on site. • Said this use looks great to him. • Concluded that he would go back again, and next time buy something.

Vice Chair Ching said that this proposed use is consistent with ABC (Alcohol Beverage Control) and a great idea for Marvel Cake to add beer and wine with their other food products.

Campbell Planning Commission Minutes for July 13, 2021 Page 7

Commissioner Krey said this is within his neighborhood and is a good business for the area. Marvel Cake is well regarded amongst the neighbors. This addition of beer and wine is a good move.

Commissioner Buchbinder said that it appears that this use cannot somehow turn into a bar as the approval is primarily for a café. He stated his support.

Motion: Upon motion of Commissioner Krey, seconded by Commissioner Rivlin the Planning Commission adopted Resolution No. 4620 approving a Conditional Use Permit (PLN-2021-74) to allow beer and wine in association with an existing retail cake store/café (d.b.a. Marvel Cake) within an existing commercial tenant space located at 1614 W. Campbell Avenue, by the following roll call vote: AYES: Buchbinder, Ching, Colvill, Krey, Ostrowski, Rivlin, and Zisser NOES: None ABSENT: None ABSTAIN: None

Chair Ostrowski advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days.

***

COMMUNITY DEVELOPMENT DIRECTOR’S REPORT

Director Rob Eastwood provided the following information: • Congratulated the Commission for completing three items within about 30 minutes this evening. • Stated that he is happy to respond to any questions generated by his written Director’s Report. • Advised that a copy of the Work Plan items initially submitted by Director Kermoyan to Council, for consideration during the decision making for the FY22 Work Plan, was also sent by email to the Commissioners. • Reported that Council only adopted one item from the list provided. That item is the ADU Amnesty Program. • Announced the good news that staff reports would henceforth be distributed a day earlier, Wednesday. This is rather than the previous goal of Thursday that sometimes fell into Friday and as such will give the Commission one extra day to review the packet material in preparation for meetings on Tuesday. • Pointed out that staff has done a bit of restructuring of the report format. It is subtle but streamlines the most important aspects of a project to the front of the staff report. • Said that there have been questions as to when the City would return to in-person public meetings The target for Council is August 3rd, which will likely be a hybrid meeting with Council and staff in the Chambers and the public continuing to participate remotely. It is thought that the public will be allowed back in City Hall in September. • Added that the other Boards and Commissions will likely start in person in September. Campbell Planning Commission Minutes for July 13, 2021 Page 8

• Reminded that there has been an outreach effort by the City Clerk to all the members of the Boards and Commissions. • Reported that there are a few terms coming up at the end of August. Council will conduct interviews of interested persons and make their appointments.

Chair Ostrowski asked if there are any questions for Director Rob Eastwood.

Commissioner Buchbinder thanked Director Eastwood for his update. He clarified that some form of remote commenting would still be possible at these meetings.

Director Rob Eastwood replied yes. The public will be able to call in or attend via Zoom. There will be two queues, one in person and the other on Zoom.

Commissioner Buchbinder said that is excellent. He asked Director Eastwood about the General Plan Update status with De Novo.

Director Rob Eastwood said that the Housing Element will likely be merged with the General Plan Update. A scoping session will be held by Council on August 3rd. There are a couple of options under consideration for how to go forward.

Commissioner Buchbinder said that was also excellent. He asked if there is a staff recommendation as to when the General Plan/Housing Element could be agendized for the Planning Commission to discuss.

Director Rob Eastwood: • Said he has no such recommendation for a date for PC at this time. • Stated that there are different ways of taking on projects such as these. • Advised that there will also be the need for bigger structural updates after the General Plan is completed. • Said that for minor changes, some proposed changes could be paired up with a project to clean something up in the Code at the same time, by reviewing an applicable project and making minor changes to the applicable Code as appropriate.

Commissioner Buchbinder asked when the ADU Amnesty Project might come up before the Planning Commission.

Director Rob Eastwood said he does not know that yet. By August he will have a better idea.

Commissioner Zisser asked if the PC return to the Council Chambers in September would include the public as well.

Commissioner Eastwood: • Said he did not know that for sure right now. The plan for Council is to have the public at their meetings starting in September. • Added at that same time, the public would also be allowed back at City Hall during office hours. • Concluded that the PC should do the same as well. Campbell Planning Commission Minutes for July 13, 2021 Page 9

Chair Ostrowski said that this has been a nice prompt meeting. She wished everyone a good evening.

ADJOURMNENT

The Planning Commission meeting adjourned at 8:17 p.m. to the next Regular Planning Commission Meeting on July 27, 2021, which will likely be conducted on Zoom.

SUBMITTED BY: ______Corinne Shinn, Recording Secretary

APPROVED BY: ______Maggie Ostrowski, Chair

ATTEST: ______Rob Eastwood, Secretary

RESOLUTION NO. 4618

BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A SITE AND ARCHITECTURAL REVIEW PERMIT TO ALLOW CONSTRUCTION OF AN APPROXIMATELY 3,000 SQUARE-FOOT TWO-STORY SINGLE- FAMILY DWELLING, ON PROPERTY LOCATED AT 952 KENNETH AVENUE. FILE NO.: PLN-2021-24

After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed.

The Planning Commission finds as follows with regard to file number PLN-2021-24:

1. The project site is zoned R-1-10 (Single Family Residential) on the City of Campbell Zoning Map and within the boundaries of the San Tomas Area Neighborhood Plan (STANP).

2. The project site is designated Low Density Residential (<3.5 units/gr. acre) on the City of Campbell General Plan Land Use diagram.

3. The project site is a 9,896 square-foot parcel located along Kenneth Avenue, north of Sunnyoaks Avenue.

4. The proposed project consists of the construction of an approximately 3,000 square- foot one-story single-family residence.

5. The proposed project will result in a building coverage of 31% and a Floor Area Ratio (FAR) of .37, where a maximum 31% building coverage and .45 FAR are allowed in the R-1-10 Zoning District.

6. The proposed project will provide two covered parking spaces in an attached garage, satisfying the applicable parking requirement.

7. The proposed project will be compatible with the R-1-10 (Single Family Residential) Zoning District with approval of a Site and Architectural Review Permit.

8. The project is compatible with the architecture of the adjacent neighborhood in that the project incorporates representative architectural features of homes in the San Tomas Area including the hipped roof forms and simple rectangular shaped forms.

9. The proposal is consistent with the City adopted San Tomas Area Neighborhood Plan (STANP).

10. The proposal is consistent with the Considerations in Review of Applications (CMC Section 21.42.040) subject to Site and Architectural Review. Planning Commission Resolution No. 4618 Page 2 of 2 PLN-2021-24 ~ 952 Kenneth Ave. - Site & Architectural Review Permit

11. 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.

Based upon the foregoing findings of fact the Planning Commission further finds and concludes that:

1. The project will be consistent with the General Plan;

2. The project will aid in the harmonious development of the immediate area;

3. The project is consistent with applicable adopted design guidelines; and

4. This project is Categorically Exempt under per Section 15303 of the California Environmental Quality Act (CEQA), pertaining to the construction of single-family dwellings.

THEREFORE, BE IT RESOLVED that the Planning Commission approves a Site and Architectural Review Permit to allow construction of an approximately 3,000 square-foot two-story single-family dwelling, on property located at 952 Kenneth Avenue, subject to the attached Conditions of Approval (attached Exhibit “A”).

PASSED AND ADOPTED this 13th day of July, 2021, by the following roll call vote:

AYES: Commissioners: Buchbinder, Ching, Colvill, Krey, Ostrowski, Rivlin, and Zisser NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners:

APPROVED: Maggie Ostrowski, Chair

ATTEST: Rob Eastwood, Secretary CONDITIONS OF APPROVAL Site & Architectural Review Permit (PLN-2021-24)

Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review. 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

Planning Division:

1. Approved Project: Approval is granted for a Site and Architectural Review Permit to allow construction of an approximately 3,000 square-foot two-story single-family dwelling, on property located at 952 Kenneth Avenue. The project shall substantially conform to the Project Plans included as Attachment No. 2 in July 13, 2021 Planning Commission Staff Report, except as may be modified by conditions of approval contained herein.

2. Permit Expiration: The Site and Architectural Review Permit approval shall be valid for one year from the effective date of Planning Commission action (July 23, 2022). Within this one-year period, an application for a building permit must be submitted. Failure to meet this deadline or expiration of an issued building permit will result in the Site and Architectural Review Permit being rendered void.

3. Rough Framing and Planning Final Required: Planning Division clearance is required prior to rough framing and final Building Permit clearance. Construction not in substantial compliance with the approved project plans shall not be approved without prior authorization of the necessary approving body.

4. Fences/Walls: Except as noted below, any newly proposed fencing and/or walls shall comply with Campbell Municipal Code Section 21.18.060 and shall be submitted for review and approval by the Community Development Department.

5. Water Efficient Landscape Standards: As a new construction project with a total project landscape area equal to or less than 2,500 square feet, this project is subject to the updated California Model Water Efficient Landscape Ordinance (MWELO) and may comply with the Prescriptive Compliance Option in Appendix D. This document is available on the City of Campbell's website at: http://www.cityofcampbell.com/DocumentCenter/View/176 or on the Planning Division’s Zoning and Land Use webpage through www.cityofcampbell.com. The building permit application submittal shall demonstrate compliance with the applicable MWELO and landscaping requirements and shall include the following: Exhibit A - Conditions of Approval Page 2 of 7 PLN-2021-24 ~ 952 Kenneth Ave.

a. Planting and Irrigation Plans that meet all requirements of the Prescriptive Compliance Option in Appendix D. b. A completed Landscape Information Form. c. A note on the Cover Sheet in minimum 1/2” high lettering stating “Planning Final Required. The new landscaping indicated on the plans must be installed prior to final inspection. Changes to the landscaping plan require Planning approval.” Note: If the project landscape area increases during the course of the project, additional requirements will apply.

6. On-Site Lighting: On-site lighting shall be shielded away from adjacent properties and directed on site. The design and type of lighting fixtures and lighting intensity of any proposed exterior lighting for the project shall be reviewed and approved by the Community Development Director prior to installation of the lighting for compliance with all applicable Conditions of Approval, ordinances, laws and regulations. Lighting fixtures shall be of a decorative design to be compatible with the residential development and shall incorporate energy saving features.

7. Contractor Contact Information Posting: The project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street prior to the issuance of building permits.

8. Construction Activities: The applicant shall abide by the following requirements during construction:

a. The project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street prior to the issuance of building permits. b. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00 p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take place on Sundays or holidays unless an exception is granted by the Building Official. c. All construction equipment with internal combustion engines used on the project site shall be properly muffled and maintained in good working condition. d. Unnecessary idling of internal combustion engines shall be strictly prohibited. e. All stationary noise-generating construction equipment, such as air compressors and portable power generators, shall be located as far as possible from noise-sensitive receptors such as existing residences and businesses. f. Use standard dust and erosion control measures that comply with the adopted Best Management Practices for the City of Campbell.

Exhibit A - Conditions of Approval Page 3 of 7 PLN-2021-24 ~ 952 Kenneth Ave.

Building Division:

9. Permit Required: A building permit application shall be required for the proposed project. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit.

10. Conditions of Approval: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit.

11. Construction Fencing: This project shall be properly enclosed with construction fencing to prevent unauthorized access to the site during construction. The construction site shall be secured to prevent vandalism and/or theft during hours when no work is being done. All protected trees shall be fenced to prevent damage to root systems.

12. Site Management: This project shall use the following Site Management policies:

• Job Site Manager. Every permitted job must have an identified person to manage the work and be responsive to issues that come up during construction. It is important to identify this person and provide contact information to the Building Inspector at the beginning of the construction process. When a change is made concerning site manager, the inspector should be made aware of the new person and contact information.

• Construction Debris. At the end of each construction day, attention should be made to collect and manage construction waste and debris. Trash must be covered and removed from the site as soon as reasonable. Respect the neighbors and keep a clean site! Sites that fail to manage trash can and will be cited.

• Construction Hours. Every Permitted job is required to observe the permitted hours of construction. Construction work is allowed from 8:00am to 5:00pm Monday thru Friday. Construction is allowed on Saturdays from 9:00am to 4:00pm. No work is allowed on Sundays or Legal U.S. Holidays. Workers showing up at job sites before the permitted times may create a problem and should be discouraged from arriving earlier than 15 minutes before permitted times. Material deliveries should never be scheduled before permitted hours. It is the responsibility of the Contractor to manage and coordinate deliveries. Citations and/or Stop Work Notices will be issued to Contractors violating the permitted hours.

• Dust and Dirt. Many jobs will create dust and dirt on the street. When it rains, sites may have mud running into the sidewalk and street. All job sites must keep all rain runoff on the site and prevent water from running from the site into the gutter and street. Vehicles tracking mud and dirt into the street require cleanup Exhibit A - Conditions of Approval Page 4 of 7 PLN-2021-24 ~ 952 Kenneth Ave.

and keeping the sidewalks and streets clean. If you fail to manage your dirt, dust and mud, your site may be issued a ‘Stop Work’ notice and/or a citation.

• Music and Unnecessary Noise. Radios and loud music or other noise not related to construction is discouraged and will keep the neighbors from complaining. Earbuds are a good way to keep the music playing and not a problem for the neighbors. Job sites are not a good place for a worker’s dog. Animals should be left at home.

PUBLIC WORKS DEPARTMENT

13. Scope of Review: The scope of this project triggers the requirement for Frontage Improvements as required by Campbell Municipal Code 11.24.040. However, per the San Tomas Area Neighborhood Plan, this section of Kenneth Avenue has been designated to remain unimproved and as such the applicant will not be required to construct new curb, gutter or sidewalk. Remove the proposed curb, gutter, sidewalk and driveway shown on plan.

14. Park Impact Fee: Senate Bill No. 13 (SB13) allows the assessment of impact fees to accessory dwelling unit (ADU) of 750 square feet or more. SB13 also states that the fee should be proportional to the square footage of the primary dwelling unit. Currently, the Park Impact Fee for single family is $24,480.00 and the maximum Park Impact Fee that can be assessed for an accessory dwelling unit is $7,771. Since the proposed ADU is less than 750 sf, no Park Fee will be due.

15. Storm Drain Area Fee: Prior to issuance of any grading or building permits for the site, the applicant shall pay the required Storm Drain Area fee, currently set at $2,120.00 per net acre, which is $481.66 (set for R-1).

16. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding stormwater pollution prevention. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay.

Resources to achieve these objectives include Stormwater Best Management Practices Handbook for New Development and Redevelopment (“CA BMP Handbook”) by the California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for Stormwater Quality Protection (“Start at the Source”) by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for Stormwater Quality: A Companion Document to Start at the Source (“Using Site Design Techniques”) by BASMAA, 2003.

Exhibit A - Conditions of Approval Page 5 of 7 PLN-2021-24 ~ 952 Kenneth Ave.

17. Utilities: All on-site utilities shall be installed underground per Section 21.18.140 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.

Utility locations shall not cause damage to any existing street trees. Where there are utility conflicts due to established tree roots or where a new tree will be installed, alternate locations for utilities shall be explored. Include utility trench details where necessary.

18. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer cleanout(s) shall be relocated or installed on private property behind the public right-of-way line.

19. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities. The plan shall clearly show the location and size of all existing utilities and the associated main lines; indicate which utilities and services are to remain; which utilities and services are to be abandoned, and where new utilities and services will be installed. Joint trenches for new utilities shall be used whenever possible.

20. Pavement Restoration: The applicant shall restore the pavement in compliance with City standard requirements. In the event that the roadway has recently received a pavement treatment or reconstruction, the project will be subject to the City’s Street Cut Moratorium. The applicant will be required to perform enhanced pavement restoration consistent with the restoration requirements associated with the Street Cut Moratorium. The City’s Pavement Maintenance Program website (https://www.ci.campbell.ca.us/219) has detailed information on the streets currently under moratorium and the enhanced restoration requirements.

21. Street Improvement Plans / Encroachment Permit / Fees / Deposits: Prior to issuance of any grading or building permits for the site, the applicant shall cause plans for public street improvements to be prepared by a registered civil engineer, pay various fees and deposits, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City Engineer. a. Show location of all existing utilities within the existing public right of way. b. Removal of broken concrete adjacent to the existing driveway and construct gutter. c. The applicant has the option to remove the existing asphalt along project frontage (between property line and edge of travel way) and install landscaping. 22. Street Improvements Completed for Occupancy and Building Permit Final: Prior to allowing occupancy and/or final building permit signoff for any and/or all buildings, the Exhibit A - Conditions of Approval Page 6 of 7 PLN-2021-24 ~ 952 Kenneth Ave.

applicant shall have the required street improvements installed and accepted by the City, and the design engineer shall submit as-built drawings to the City.

23. Maintenance of Landscaping: Owner(s), current and future, are required to maintain the landscaped park strip and tree wells in the public right of way. This includes, but is not limited to: trees, lawn, plantings, irrigation, etc. Trees shall not be pruned in a manner that would not allow the tree to grow to a mature height.

24. Utility Encroachment Permit: Separate encroachment permits for the installation of utilities to serve the development will be required (including water, sewer, gas, electric, etc.). Applicant shall apply for and pay all necessary fees for utility permits for sanitary sewer, gas, water, electric and all other utility work.

FIRE DEPARTMENT

25. Development Review: Review of this development proposal is limited to acceptability of 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. Prior to performing any work, the applicant shall make application to, and receive from, the Building Department all applicable construction permits.

26. Required Fire Flow: (As Noted on Sheet A004) The fire flow for this project is 1000 GPM at 20 psi residual pressure from a single hydrant. Since an automatic fire sprinkler system will be installed, the fire flow will be reduced by 50% establishing a required adjusted fire flow of 500 GPM at 20 psi residual pressure.

27. Water Supply Requirements: Potable water supplies shall be protected from contamination caused by fire protection water supplies. It is the responsibility of the applicant and any contractors and subcontractors to contact the water purveyor supplying the site of such project, and to comply with the requirements of that purveyor. Such requirements shall be incorporated into the design of any water- based fire protection systems, and/or fire suppression water supply systems or storage containers that may be physically connected in any manner to an appliance capable of causing contamination of the potable water supply of the purveyor of record. Final approval of the system(s) under consideration will not be granted by this office until compliance with the requirements of the water purveyor of record are documented by that purveyor as having been met by the applicant(s). 2019 CFC Sec. 903.3.5 and Health and Safety Code 13114.7.

28. Address identification: New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches (101.6 mm) high with a Exhibit A - Conditions of Approval Page 7 of 7 PLN-2021-24 ~ 952 Kenneth Ave.

minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address numbers shall be maintained. CFC Sec. 505.1.

29. Construction Site Fire Safety: All construction sites must comply with applicable provisions of the CFC Chapter 33 and our Standard Detail and Specification SI-7. Provide appropriate notations on subsequent plan submittals, as appropriate to the project. CFC Chp. 33. RESOLUTION NO. 4619

BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL GRANTING APPROVAL OF A MODIFICATION OF A CONDITIONAL USE PERMIT TO ALLOW THE ESTABLISHMENT OF A LATE-NIGHT (24-HOUR) ‘TOWING SERVICES’ STATION (D.B.A. AAA ROADSIDE ASSISTANCE) WITH INDOOR AREA FOR SERVICING TOW TRUCKS AND A PARKING MODIFICATION PERMIT TO ALLOW A REDUCTION IN THE NUMBER OF REQUIRED PARKING SPACES AT 1070 DELL AVENUE, IN THE M-1 (LIGHT INDUSTRIAL) ZONING DISTRICT. PROJECT FILE NUMBER: PLN-2020-123

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 project file number PLN-2020-123.

Environmental Finding

1. The project may be found Categorically Exempt under Section 15301 of the California Environmental Quality Act (CEQA), pertaining to the operation and leasing, and minor alteration of an existing private structure. Further Evidentiary Findings

1. The General Plan land use designation for the property is Light Industrial.

2. The project site is zoned M-1 (Light Industrial).

3. The project site is an 18,408 square-foot rectangular-shaped parcel located on the east side of Dell Avenue, south of E. Sunnyoaks Avenue and north of E. Hacienda Avenue. The property is located within the M-1 (Light Industrial) Zoning District and designated Light Industrial by the General Plan.

4. The applicant’s proposal is for a Modification of a Conditional Use Permit to allow the establishment of a late-night (24-hour) ‘towing services’ station (d.b.a. AAA Roadside Assistance) with indoor area for servicing tow trucks and a Parking Modification Permit to allow a reduction in the number of required parking spaces.

5. The proposal does not result in any additional floor area or exterior changes to the existing buildings.

6. The proposal does not result in the removal of any onsite trees or landscaping.

7. The Zoning code requires a Conditional Use Permit for the establishment of a late-night (24-hour) ‘towing services’ station in the M-1 (Light Industrial) Zoning District, subject to special provisions applying to ‘towing service and vehicle dismantling’ uses specified in Campbell Municipal Code Chapter 21.36.240. Planning Commission Resolution No. 4619 Page 2 of 4 1070 Dell Avenue Modification of a Conditional Use Permit and Parking Modification Permit (PLN-2020-123)

8. At its meeting of November 28, 2006, the Planning Commission adopted Resolution No. 3782 granting a Conditional Use Permit (PLN2006-144) to allow the establishment of an auto repair business at the subject property. On November 30, 2010, the Community Development Director approved an Administrative Site and Architectural Review Permit (PLN2010-191) to allow an exterior remodel of the building, which subsequently expired.

9. The subject permit would serve to supersede all prior land use entitlements.

10. The site provides approximately 20 shared parking spaces.

11. Applicable General Plan Policies considered by the Planning Commission included, but were not limited to, the following:

Policy LUT-5.1: Neighborhood Integrity: Recognize that the City is composed of residential, industrial and commercial neighborhoods, each with its own individual character; and allow change consistent with reinforcing positive neighborhood values, while protecting the integrity of the city’s neighborhoods.

Policy LUT-5.4: Industrial Neighborhoods: Safeguard industry’s ability to operate effectively, by limiting the establishment of incompatible uses in industrial neighborhoods and encouraging compatible uses.

Policy LUT-5.5: Industrial Diversity: Promote a variety of industrial use opportunities that maintain diversified services and a diversified economic base.

Strategy LUT-5.6c: Physical Buffers: Provide landscaped buffers, sidewalks and equipment screening to provide a visual and noise-abating buffer between uses.

Policy LUT-5.7: Industrial Areas: Industrial development should have functional and safe vehicular, bicycle and pedestrian circulation, good site and architectural design, be sensitive to surrounding uses, connect to public transit, and be energy efficient. New projects should contribute to the positive character of industrial areas and the overall image of the City.

Strategy LUT-5.7a: Industrial Design Guidelines: Develop Industrial Design Guidelines with specific policies including, but not limited to the following:  Require varied, high-quality, finished construction materials such as glass, stucco, plaster, or brick. No exposed concrete block or flat sheet metal.  Enhance the street frontage of a building with landscaping and an emphasis on the office portion of the building.  Orient service activities such as loading docks to the rear of the site.

Strategy LUT-5.7b: Amenities in Industrial Areas: Amend Zoning Ordinance to provide appropriate amenities for employees in industrial areas, such as outdoor eating areas and walkways.

Strategy LUT-5.7c: Screening: Screen the service portion of industrial buildings such as outdoor storage, trash enclosures and loading areas, especially those adjacent to roadways or public amenities, with extensive landscaping and architectural treatments.

12. As conditioned, the business shall be permitted to operate 24-hours a day. Planning Commission Resolution No. 4619 Page 3 of 4 1070 Dell Avenue Modification of a Conditional Use Permit and Parking Modification Permit (PLN-2020-123)

Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that:

13. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project.

Conditional Use Permit Findings (CMC Sec. 21.46.040):

14. The proposed use is allowed within the applicable zoning district with Conditional Use Permit approval, and complies with all other applicable provisions of this Zoning Code and the Campbell Municipal Code;

15. The proposed use is consistent with the General Plan;

16. The proposed site is adequate in terms of size and shape to accommodate the fences and walls, landscaping, parking and loading facilities, yards, and other development features required in order to integrate the use with uses in the surrounding area;

17. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic the use would be expected to generate;

18. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses on-site and in the vicinity of the subject property;

19. The establishment, maintenance, or operation of the proposed use at the location proposed will not be detrimental to the comfort, health, morals, peace, safety, or general welfare of persons residing or working in the neighborhood of the proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city;

Parking Modification Permit Findings (CMC Sec. 21.28.050.G):

20. Due to the unique nature and circumstances of the project, or special development features, the anticipated number of parking spaces necessary to serve the use or structure is less than that required by the applicable off-street parking standard, and would be satisfied by the existing or proposed number of parking spaces, as supported by review of the applicant's documentation and/or a parking demand study prepared by a qualified transportation engineer accepted by the decision-making body;

21. Conditions of approval have been incorporated into the project to ensure the long-term adequacy of the provided off-street parking;

22. Approval of the parking modification permit will further the purpose of this chapter;

Environmental Finding(s) (CMC Sec. 21.38.050): Planning Commission Resolution No. 4619 Page 4 of 4 1070 Dell Avenue Modification of a Conditional Use Permit and Parking Modification Permit (PLN-2020-123)

23. The project is Categorically Exempt under Section 15301 of the California Environmental Quality Act (CEQA), pertaining to the operation and leasing, and minor alteration of an existing private structure; and

24. 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.

THEREFORE, BE IT RESOLVED that the Planning Commission grants approval of a Modification of a Conditional Use Permit to allow the establishment of a late-night (24-hour) ‘towing services’ station (d.b.a. AAA roadside assistance) with indoor area for servicing tow trucks and a Parking Modification Permit to allow a reduction in the number of required parking spaces at 1070 Dell Avenue, subject to the attached Conditions of Approval (attached Exhibit A).

PASSED AND ADOPTED this 13th day of July, 2021, by the following roll call vote:

AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners:

APPROVED: Maggie Ostrowski, Chair

ATTEST: Rob Eastwood, Secretary EXHIBIT A

CONDITIONS OF APPROVAL Modification of a Conditional Use Permit (PLN-2020-123)

COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 1. Approved Project: Approval is granted for approval of a Modification of a Conditional Use Permit to allow the establishment of a late-night (24-hour) ‘towing services’ station (d.b.a. AAA roadside assistance) with indoor area for servicing tow trucks and a Parking Modification Permit to allow a reduction in the number of required parking spaces at 1070 Dell Avenue. The project shall substantially conform to the Project Plans and Written Statement included as Attachment 3 and 4 in the July 13, 2021 Planning Commission Staff Report, except as may be modified by the Conditions of Approval contained herein.

2. Permit Approval Expiration: The Conditional Use Permit approval shall be valid for one year from the effective date of the resolution. Within this one-year period all conditions of approval shall be fulfilled, and the use established. Failure to meet this deadline will result in the Conditional Use Permit being void. Abandonment, discontinuation, or ceasing of operations for a continuous period of twelve months shall void the Conditional Use Permit approved herein without the need for formal revocation by the decision- making body.

3. Revocation of Permit: Operation of an a late night (24-hour) ‘towing services’ station pursuant to the Conditional Use Permit approved herein is subject to Chapter 21.46 of the Campbell Municipal Code authorizing the appropriate decision making body to modify or revoke an Conditional Use Permit if it is determined that its operation has become a nuisance to the City’s public health, safety or welfare or for violation of the Conditional Use Permit or any standards, codes, or ordinances of the City of Campbell. At the discretion of the Community Development Director, if the establishment generates three (3) verifiable complaints related to violations of conditions of approval and/or related to its operation within a six (6) month period, a public hearing may be scheduled to consider modifying conditions of approval or revoking the Conditional Use Permit. The Community Development Director may commence proceedings for the revocation or modification of permits upon the occurrence of less than three (3) complaints if the Community Development Director determines that the alleged violation warrants such an action. In exercising this authority, the decision-making body may consider the following factors, among others: Planning Commission Resolution No. 4619 Page 2 of 5 1070 Dell Avenue Modification of a Conditional Use Permit and Parking Modification Permit (PLN-2020-123)

a. The number and types of noise complaints at or near the establishment that are reasonably determined to be a direct result of patrons’ actions or facility equipment; b. The number of parking complaints received from residents, business owners and other citizens concerning the operation of an establishment; and c. Violation of conditions of approval.

4. Bike Rack: A minimum of one bike rack shall be installed on the property. Alternatively, the applicant may propose a designated and secured bike storage area indoors. The final location/placement of the bike rack and/or storage area shall be subject to the review and approval of the Community Development Director.

5. Onsite Amenities: The applicant shall provide an indoor amenity area for the benefit of employees onsite.

6. Supersede: The subject permit serves to supersede all prior land use entitlements on the property.

7. Operational Standards: Consistent with the submitted Written Description and City standards, any ‘towing services station’ operating pursuant to the Conditional Use Permit approved herein shall conform to the following operational standards. Significant deviations from these standards (as determined by the Community Development Director) shall require approval of a Modification to the Conditional Use Permit. a. Maximum Occupancy: A maximum of six employees shall be allowed in the office onsite at any one time. Further, two separate shifts of 19 employees (to drive tow trucks) shall be allowed. b. Valet Parking: To alleviate potential parking impacts a member of the onsite staff will be available as necessary to ‘valet’ onsite vehicles (including personal vehicles of employees) within the building. In no case shall vehicles be stacked in required driveway access areas or in areas located outside the building. c. Hours of Operation: The business shall be permitted 24-hour operation. d. Parking Management: In the event that a verifiable complaint is received by the City regarding parking, the Community Development Director may reduce the permitted occupancy, limit the hours of operation, require greater staggering of classes, require additional parking management strategies and/or forward the project to the Planning Commission for review. e. Smoking: "No Smoking" signs shall be posted on the premises in compliance with CMC 6.11.060. f. Noise: Outdoor speakers are prohibited. Unreasonable levels of noise, sounds and/or voices, including but not limited to indoor amplified sounds, indoor loud speakers, sounds from indoor audio sound systems or music, and/or indoor public address system, generated or used by the establishment Planning Commission Resolution No. 4619 Page 3 of 5 1070 Dell Avenue Modification of a Conditional Use Permit and Parking Modification Permit (PLN-2020-123)

or its participants shall not be audible to a person of normal hearing capacity from outside the enclosed tenant space. In the event that a verifiable complaint is received by the City regarding noise, the Community Development Director may reduce the permitted occupancy, limit the hours of operation, limit the permissible decibels, require the installation of a sound attenuation material to absorb vibration/impacts, and/or forward the project to the Planning Commission for review. g. Loitering: There shall be no loitering allowed outside the business. The business owner is responsible for monitoring the premises to prevent loitering. h. Trash Disposal and Clean-Up: All trash disposal, normal clean-up, carpet cleaning, window cleaning, sidewalk sweeping, etc. shall occur during the "operational hours." i. Business License: The business shall be required to obtain and maintain a valid City business license at all times. j. Employee Shifts: Shifts involving the exchange of 5 or more employees at any one time shall be staggered by at least 20-minutes to allow adequate turnover of parking spaces. k. Outdoor Activity: No outdoor repair or maintenance of vehicles shall be allowed. l. Vehicle Storage: No motor vehicles shall be stored onsite. m. Vehicle Repair: No vehicle dismantling shall be allowed. All servicing of company vehicles (i.e. tow trucks) shall occur indoors within the enclosed building. n. Vehicle Parking: Any area used for storing/parking of vehicles shall be fully paved with asphalt or concrete.

8. Windows & Doors: At no time shall an obscure wall or barrier (i.e. drapery, window tinting, blinds, furniture, inventory, shelving units, storage of any kind or similar) be installed along, behind or attached to windows or doorways that blocks visual access to the tenant space or blocks natural light.

9. Property Maintenance: The owner/operator of the subject property shall maintain all exterior areas of the business free from graffiti, trash, rubbish, posters and stickers placed on the property. Exterior areas of the business shall include not only the parking lot and private landscape areas, but also include the public right-of-way adjacent to the business. Trash receptacles shall be maintained within their approved enclosures at all times.

10. Landscape Maintenance: All landscaped areas shall be continuously maintained in accordance with City Landscaping Requirements (CMC 21.26). Landscaped areas shall be watered on a regular basis so as to maintain healthy plants. Landscaped areas shall Planning Commission Resolution No. 4619 Page 4 of 5 1070 Dell Avenue Modification of a Conditional Use Permit and Parking Modification Permit (PLN-2020-123)

be kept free of weeds, trash, and litter. Dead or unhealthy plants shall be replaced with healthy plants of the same or similar type.

11. Signage: No signage is approved as part of the development application approved herein. New signage shall not be installed prior to approval of a sign permit.

12. Location of Mechanical Equipment: No roof-mounted mechanical equipment (i.e. air conditioning units, ventilation ducts or vents), shall be added to the existing building without providing screening of the mechanical equipment from public view and surrounding properties. The screening material and method shall be architecturally compatible with the building and requires review and approval by the Community Development Director and Building Division prior to installation of such screening.

13. Outdoor Storage: No outdoor storage is permitted on the subject property. No equipment, materials or business vehicles shall be parked and/or stored outside the building or within the parking lot.

14. Building Permit Required: A building permit shall be required for review and approval of the parking and site circulation design, which shall be further subject to Fire Department review and approval.

15. Parking and Driveways: All parking and driveway areas shall be maintained in compliance with the standards in Chapter 21.28 (Parking & Loading) of the Campbell Municipal Code. Parking spaces shall be free of debris or other obstructions.

BUILDING DIVISION 16. Permits Required: A building permit application shall be required for the proposed Tenant Improvements to the (e) vacant commercial space. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit.

17. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit.

18. Battery Storage Area: The north corner with the "battery storage area" and "waste oil" is anticipated to need spill containment, 2-hour fire separation with a CMU enclosure, and fire sprinklers. Please include these details as part of your building permit and/or provide a written explanation of your approach for review and consideration by the Building Official.

PUBLIC WORKS DEPARTMENT 19. Turning Radius: Prior to building permit submittal, the applicant shall provide an AutoTurn turning template CAD drawing that shows a 5500 Flatbed truck can complete right-turn around corner of building without hitting 5500 Flatbed truck parked along south Planning Commission Resolution No. 4619 Page 5 of 5 1070 Dell Avenue Modification of a Conditional Use Permit and Parking Modification Permit (PLN-2020-123)

side of the building. In the event of a conflict, the parking layout may be changed to avoid the conflict.

20. Maintenance of Landscaping: Owner(s), current and future, are required to maintain the landscaping in the public right of way. This includes, but is not limited to: trees, lawn, plantings, irrigation, etc. Trees shall not be pruned in a manner that would not allow the tree to grow to a mature height.

FIRE DEPARTMENT 21. Formal Plan Review: Review of this development proposal is limited to accessibility of site access and water supply and may include specific additional requirements 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. Prior to performing any work the applicant shall make application to, and receive from, the Building Division all applicable construction permits.

22. Hazardous Material: Hazardous material inventory and Hazardous material business plan shall be submitted to SCCFD Hazardous material division as deferred submittal for review and approval.

23. Emergency Gate/Access Gate Requirements: Gate installations shall conform with Fire Department Standard Details and Specification G-1 and, when open shall not obstruct any portion of the required width for emergency access roadways or driveways. Locks, if provided, shall be fire department approved prior to installation. Gates across the emergency access roadways shall be equipped with an approved access devices. If the gates are operated electrically, an approved Knox key switch shall be installed; if they are operated manually, then an approved Knox padlock shall be installed. Gates providing access from a road to a driveway or other roadway shall be at least 30 feet from the road being exited. CFC Sec. 503.6 and 506.

24. No Violation: This review shall not be construed to be an approval of a violation of the provisions of the California Fire Code or of other laws or regulations of the jurisdiction. A permit presuming to give authority to violate or cancel the provisions of the fire code or other such laws or regulations shall not be valid. Any addition to or alteration of approved construction documents shall be approved in advance. [CFC, Ch. 1, 105.3.6]

RESOLUTION NO. 4620

BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL GRANTING APPROVAL OF A CONDITIONAL USE PERMIT (PLN-2021-74) TO ALLOW BEER AND WINE IN ASSOCIATION WITH AN EXISTING RETAIL CAKE STORE/CAFÉ (D.B.A. MARVEL CAKE) WITHIN AN EXISTING COMMERCIAL TENANT SPACE LOCATED AT 1614 W. CAMPBELL AVENUE IN THE C-1 (NEIGHBORHOOD COMMERCIAL) ZONING DISTRICT.

After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed.

The Planning Commission did find as follows with regard to application PLN-2021-74:

1. The project site is zoned C-1 (Neighborhood Commercial) and designated Neighborhood Commercial by the General Plan.

2. The project site is the approximately 12-acre Kirkwood Shopping Center, which is comprised of eight buildings and anchored by the Nob Hills Food grocery store.

3. The subject use, Marvel Cake, occupies an approximately 2,545 square-foot commercial tenant space located towards the west side of the center.

4. The proposed project is an application for a Conditional Use Permit to allow the sale of ‘beer and wine’ in association with an existing retail cake store/café (d.b.a. Marvel Cake).

5. As described by the applicant's Written Description, Marvel Cake is an ‘upscale French Bakery’ that focuses on the sale of high-quality pastries, coffee, and food in a ‘luxury’ environment. As part of these operations, Marvel Cake is seeking to add wine and champagne to their beverage service for onsite consumption and offsite sale.

6. In the C-1 (Neighborhood Commercial) zoning districts, ‘liquor establishments’ are identified as a Conditional Use.

7. A ‘liquor establishment’ is defined by CMC 21.72 as follows:

"Liquor establishments" means a retail activity that is primarily devoted to the selling of alcoholic beverages as a stand-alone bar or tavern, or in conjunction with a restaurant or nightclub facility, for consumption on the premises.

8. In accordance with the definition of a liquor establishment, any restaurant (which includes cafés) that sells alcohol is subject to a Conditional Use Permit requirement.

9. The proposal does not result in any additional floor area or exterior changes to the existing buildings.

10. The business would operate between 6:00 A.M. and 11:00 P.M. and, accordingly, would not constitute a late-night use. Planning Commission Resolution No. 4620 Page 2 of 4 1614 W. Campbell Avenue Conditional Use Permit (PLN-2021-74) – Retail Cake Store/Café with Beer and Wine

11. The site provides approximately 620 parking spaces which are shared.

12. The business is located a minimum of 300 feet away from a park, playground, or school.

13. The business is located a minimum of 500 feet away from another such use (off-site alcoholic establishment, except grocery stores) as measured between the nearest property lines.

14. The business is located a minimum of five hundred feet away from any payday lender.

15. Applicable General Plan Policies considered by the Planning Commission included, but were not limited to, the following:

Policy LUT-13.1: Variety of Uses: Attract and maintain a variety of uses that create an economic balance within the City while maintaining a balance with other community land use needs, such as housing and open space, and while providing high quality services to the community.

16. 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.

Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that:

Special Findings for Liquor Establishments (CMC 21.46.070):

17. Over concentration of uses. The establishment will not result in an over concentration of these uses in the surrounding area;

18. Not create a nuisance. The establishment will not create a nuisance due to litter, noise, traffic, vandalism, or other factors;

19. Not disturb the neighborhood. The establishment will not significantly disturb the peace and enjoyment of the nearby residential neighborhood;

20. Not increase demand on services. The establishment will not significantly increase the demand on city services;

21. Downtown Alcohol Beverage Policy. The establishment would be consistent with the Downtown Alcohol Beverage Policy, when applicable;

Planning Commission Resolution No. 4620 Page 3 of 4 1614 W. Campbell Avenue Conditional Use Permit (PLN-2021-74) – Retail Cake Store/Café with Beer and Wine

Conditional Use Permit Findings (CMC Sec. 21.46.040):

22. The proposed use is allowed within the applicable zoning district with Conditional Use Permit approval, and complies with all other applicable provisions of this Zoning Code and the Campbell Municipal Code;

23. The proposed use is consistent with the General Plan;

24. The proposed site is adequate in terms of size and shape to accommodate the fences and walls, landscaping, parking and loading facilities, yards, and other development features required in order to integrate the use with uses in the surrounding area;

25. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic the use would be expected to generate;

26. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses on-site and in the vicinity of the subject property;

27. The establishment, maintenance, or operation of the proposed use at the location proposed will not be detrimental to the comfort, health, morals, peace, safety, or general welfare of persons residing or working in the neighborhood of the proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city;

Environmental Finding(s) (CMC Sec. 21.38.050):

28. The project is Categorically Exempt under Section 15301 (Class 1) of the California Environmental Quality Act (CEQA), pertaining to the operation and leasing, and minor alteration of an existing private structure; and

29. 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.

THEREFORE, BE IT RESOLVED that the Planning Commission grants approval of a Conditional Use Permit (PLN-2021-74) to allow beer and wine in association with an existing retail cake store/café (d.b.a. Marvel Cake) within an existing commercial tenant space located at 1614 W. Campbell Avenue subject to the attached Conditions of Approval (attached Exhibit A).

PASSED AND ADOPTED this 13th day of July, 2021, by the following roll call vote:

AYES: Commissioners: Buchbinder, Ching, Colvill, Krey, Ostrowski, Rivlin, and Zisser NOES: Commissioners: Planning Commission Resolution No. 4620 Page 4 of 4 1614 W. Campbell Avenue Conditional Use Permit (PLN-2021-74) – Retail Cake Store/Café with Beer and Wine

ABSENT: Commissioners: ABSTAIN: Commissioners:

APPROVED: Maggie Ostrowski, Chair

ATTEST: Rob Eastwood, Secretary EXHIBIT A

CONDITIONS OF APPROVAL Conditional Use Permit (PLN-2021-74)

COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 1. Approved Project: Approval is granted for a Conditional Use Permit (PLN-2021-74) to allow to allow beer and wine in association with an existing retail cake store/café (d.b.a. Marvel Cake) within an existing commercial tenant space located at 1614 W. Campbell Avenue. The project shall substantially conform to the Project Plans and Written Description included as Attachments 3 and 4 in the July 13, 2021 Planning Commission Staff Report, except as may be modified by the Conditions of Approval contained herein.

2. Permit Approval Expiration: The Conditional Use Permit approval shall be valid for one year from the effective date of the approval. Within this one-year period all conditions of approval shall be fulfilled, and the use established. Failure to meet this deadline will result in the Conditional Use Permit being void. Abandonment, discontinuation, or ceasing of operations for a continuous period of twelve months shall void the Conditional Use Permit approved herein without the need for formal revocation by the decision-making body.

3. Revocation of Permit: Operation of the use in violation of the Conditional Use Permit or any standards, codes, or ordinances of the City of Campbell shall be grounds for consideration of revocation of the Conditional Use Permit by the Planning Commission.

4. Operational Standards: Consistent with the submitted Written Descriptions and City standards, retail store/café with alcohol sales (i.e. liquor establishment) operating pursuant to the Conditional Use Permit approved herein shall conform to the following operational standards. Significant deviations from these standards (as determined by the Community Development Director) shall require approval of a Modification to the Conditional Use Permit. a. Retail Store/Café with Alcohol Sales: As a retail store and café with alcohol sales, the primary use of the business shall be for retail and café uses. Alcohol sales is therefore an ancillary use of the business and may not occur independently of the primary use of the space as a retail store and café. At all times alcohol is sold, retail sales and full service café sales (inclusive of food and a range of beverages, including coffee and tea) shall be provided in substantial conformance with the Menu included as Attachment 5 in the July 13, 2021 Planning Commission Staff report. Planning Commission Resolution No. 4620 Page 2 of 5 1614 W. Campbell Avenue Conditional Use Permit (PLN-2021-74) – Retail Cake Store/Café with Beer and Wine

b. Maximum Seating: No more than 13 seats shall be permitted. Outdoor seating is excess of this restriction may be permitted in accordance with CMC 21.36.150 (Outdoor Seating) with written approval of the Community Development Director. c. Parking Management: In the event that three verifiable complaints are received by the City regarding parking, the Community Development Director may require establishment of limited duration parking, reduce the permitted occupancy, limit the hours of operation, require greater staggering of sessions, require additional parking management strategies and/or return the project to the Planning Commission for review. d. Hours of Operation: Hours of operation shall be as follows. By the end of 'Business Hours', all customers shall have exited the premises. By the end of the 'Operational Hours' all employees shall be off the premises. Operational/Staff: 6:00 AM – 11:00 PM, Daily Business/Public: 6:00 AM – 11:00 PM, Daily e. Smoking: "No Smoking" signs shall be posted on the premises in compliance with CMC 6.11.060. f. Loitering: There shall be no loitering allowed outside the business. The business owner is responsible for monitoring the premises to prevent loitering. g. Trash Disposal and Clean-Up: All trash disposal (except for glass bottles as noted below), normal clean-up, carpet cleaning, window cleaning, sidewalk sweeping, etc. shall occur during the "operational hours." h. Glass Bottles: Glass bottles shall be discarded no later than 9:00 PM daily. i. Business License: The business shall be required to obtain and maintain a City business license at all times. j. Live Entertainment: No live entertainment is permitted as part of the Conditional Use Permit, including live music, disc jockey, karaoke, and dancing. k. Alcohol Beverage Service: Alcohol beverage service shall only be allowed in conjunction with food service. The dining room area shall not be converted to a bar or dance area. l. Liquor License: Tenants shall obtain and maintain in good standing a Type 41 license, from the State Department of Alcoholic Beverage Control for any sale of beer and wine in conjunction with a bone fide eating establishment. The license shall include Business Hour, a limitation prohibiting the off-site sale of alcohol, and other applicable restrictions consistent with the Conditional Use Permit approved herein. A copy of the issued license shall be provided to the Community Development Department prior to issuance of a Business License. m. Noise: Music shall be played indoors and at a low level at all times.No music shall be audible from outside the tenant space. Unreasonable levels of noise, sounds and/or voices, including but not limited to amplified sounds, loud speakers, sounds from audio sound systems, music, and/or public address system, generated by the Planning Commission Resolution No. 4620 Page 3 of 5 1614 W. Campbell Avenue Conditional Use Permit (PLN-2021-74) – Retail Cake Store/Café with Beer and Wine

establishment shall not be audible to a person of normal hearing capacity from any residential property. n. Taxicab Service: The establishment shall post in a conspicuous place the telephone numbers of local taxicab services. o. Outdoor Cooking: No outdoor cooking (i.e., grilling, smoking, etc.) is permitted in association with the establishment. p. Training: The business shall operate in accordance with the standards pertaining to the serving of alcohol as established by the California Restaurant Association and the California Department of Alcoholic Beverage Control. q. Bar Area: No separate bar area, as defined by the Campbell Municipal Code, shall be permitted. 5. Windows & Doors: At no time shall an obscure wall or barrier (i.e. drapery, window tinting, blinds, furniture, inventory, shelving units, storage of any kind or similar) be installed along, behind or attached to windows or doorways that blocks visual access to the tenant space or blocks natural light.

6. Property Maintenance: The owner/operator of the subject property shall maintain all exterior areas of the business free from graffiti, trash, rubbish, posters and stickers placed on the property. Exterior areas of the business shall include not only the parking lot and private landscape areas, but also include the public right-of-way adjacent to the business. Trash receptacles shall be maintained within their approved enclosures at all times.

7. Landscape Maintenance: All landscaped areas shall be continuously maintained in accordance with City Landscaping Requirements (CMC 21.26). Landscaped areas shall be watered on a regular basis so as to maintain healthy plants. Landscaped areas shall be kept free of weeds, trash, and litter. Dead or unhealthy plants shall be replaced with healthy plants of the same or similar type.

8. Signage: No signage is approved as part of the development application approved herein. New signage shall not be installed prior to approval of a sign permit.

9. Location of Mechanical Equipment: No roof-mounted mechanical equipment (i.e. air conditioning units, ventilation ducts or vents), shall be added to the existing building without providing screening of the mechanical equipment from public view and surrounding properties. The screening material and method shall be architecturally compatible with the building and requires review and approval by the Community Development Director and Building Division prior to installation of such screening.

10. Outdoor Storage: No outdoor storage is permitted on the subject property. No equipment, materials or business vehicles shall be parked and/or stored outside the building or within the parking lot.

Planning Commission Resolution No. 4620 Page 4 of 5 1614 W. Campbell Avenue Conditional Use Permit (PLN-2021-74) – Retail Cake Store/Café with Beer and Wine

11. Parking and Driveways: All parking and driveway areas shall be maintained in compliance with the standards in Chapter 21.28 (Parking & Loading) of the Campbell Municipal Code. Parking spaces shall be free of debris or other obstructions.

12. Revocation of Permit: Operation of a dog training facility pursuant to the Conditional Use Permit approved herein is subject to Chapter 21.46 of the Campbell Municipal Code authorizing the appropriate decision making body to modify or revoke an Conditional Use Permit if it is determined that its operation has become a nuisance to the City’s public health, safety or welfare or for violation of the Conditional Use Permit or any standards, codes, or ordinances of the City of Campbell. At the discretion of the Community Development Director, if the establishment generates three (3) verifiable complaints related to violations of conditions of approval and/or related to its operation within a six (6) month period, a public hearing may be scheduled to consider modifying conditions of approval or revoking the Conditional Use Permit. The Community Development Director may commence proceedings for the revocation or modification of permits upon the occurrence of less than three (3) complaints if the Community Development Director determines that the alleged violation warrants such an action. In exercising this authority, the decision-making body may consider the following factors, among others: a. The number and types of noise complaints at or near the establishment that are reasonably determined to be a direct result of patrons’ actions or facility equipment; b. The number of parking complaints received from residents, business owners and other citizens concerning the operation of an establishment; and c. Violation of conditions of approval.

FIRE DEPARTMENT 13. Formal Plan Review: Review of this development proposal is limited to accessibility of site access and water supply and may include specific additional requirements 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. Prior to performing any work the applicant shall make application to, and receive from, the Building Division all applicable construction permits.

14. Fire Sprinkler Modification Required: (As Noted on Sheet CS) Provide submittal to SCCFD for installation of each of the systems listed below, per CFC Chapter 1 and 9. Submit shop drawings (3 sets) and a permit application to the SCCFD for approval before altering the system. Call (408) 341 -4420 for more information.

15. Commercial Kitchen Hood Suppression Systems: (As Noted on Sheet CS) Any change in appliances to include number, size, type and/or line up requires submittal of shop drawings (3 sets) and a permit application to the Fire Prevention Division for review and approval before installing the system. Call (408) 378-4010 for more information.

Planning Commission Resolution No. 4620 Page 5 of 5 1614 W. Campbell Avenue Conditional Use Permit (PLN-2021-74) – Retail Cake Store/Café with Beer and Wine

16. Water Supply Requirements: Potable water supplies shall be protected from contamination caused by fire protection water supplies. It is the responsibility of the applicant and any contractors and subcontractors to contact the water purveyor supplying the site of such project, and to comply with the requirements of that purveyor. Such requirements shall be incorporated into the design of any water-based fire protection systems, and/or fire suppression water supply systems or storage containers that may be physically connected in any manner to an appliance capable of causing contamination of the potable water supply of the purveyor of record. Final approval of the system(s) under consideration will not be granted by this office until compliance with the requirements of the water purveyor of record are documented by that purveyor as having been met by the applicant(s). 2019 CFC Sec. 903.3.5 and Health and Safety Code 13114.7.

17. Address Identification: (As Noted on Sheet CS) New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address numbers shall be maintained. CFC Sec. 505.1.

18. Construction Site Fire Safety: All construction sites must comply with applicable provisions of the CFC Chapter 33 and our Standard Detail and Specification S1-7. Provide appropriate notations on subsequent plan submittals, as appropriate to the project. CFC Chp. 33.

19. Fire Department Access: Fire department access to the site, the building, and to all fire protection systems shall be maintained at all times, in accordance with CFC Chapter 5. No obstruction such as vehicles, storage, and other materials or objects shall be placed or kept near fire hydrants, fire department inlet connections, or fire protection system control valves in a manner that would prevent such equipment or fire hydrants from being immediately discernible, in accordance with CFC § 508.5.4.

20. No Violation: This review shall not be construed to be an approval of a violation of the provisions of the California Fire Code or of other laws or regulations of the jurisdiction. A permit presuming to give authority to violate or cancel the provisions of the fire code or other such laws or regulations shall not be valid. Any addition to or alteration of approved construction documents shall be approved in advance. [CFC, Ch. 1, 105.3.6]

CITY OF CAMPBELL ∙ PLANNING COMMISSION Staff Report ∙ July 27, 2021

PLN-2021-85/86 Public Hearing to consider the Applications (PLN-2021-85/86) of Peter Guiley for Site and Architectural Review Permits to allow approximately 60 square-foot Guiley, P. additions to two existing fourplexes, accommodating new bathrooms, on properties located at 45 Fulton Street and 1855 Whitwood Lane in the R-2 (Multiple-Family Residential) Zoning District.

STAFF RECOMMENDATION That the Planning Commission take the following action:

1. Adopt Resolutions (reference Attachment 1 and 2), approving Site and Architectural Review Permits to allow approximately 60 square-foot additions to two existing fourplexes, and finding the project Categorically Exempt under Section 15301, Class 1, of the California Environmental Quality Act (CEQA), pertaining to the minor alteration of existing facilities.

PROJECT DATA Zoning Designation: R-2 (Multiple-Family Residential) General Plan Designation: Medium Density Residential (14-20 units/gr. acre) Lot Size: 1855 Whitwood Ln.: 9,527 square feet 45 Fulton St.: 8,370 square feet Building Height: 24 feet 35 feet Maximum Allowed Floor Area Ratio (FAR): 1855 Whitwood Ln.: .34 .50 Maximum Allowed 45 Fulton St.: .39 .50 Maximum Allowed Building Square Footage: Existing Living Area: 1,988 square feet Existing Garage Area: 1,200 square feet New Living: + 60 square feet 3,248 square feet (Total Floor Area)

Setbacks Existing Required Front: 16 feet 20 feet Rear: 19 feet 5 feet Side: 6 feet 5 feet Side: 11 | 14 feet 5 feet

Staff Report - Planning Commission Meeting of July 27, 2021 Page 2 PLN-2021-85/86 ~ 45 Fulton St. and 1855 Whitwood Lane PROJECT DESCRIPTION Project Location: The project sites are two abutting parcels located at the northwest corner of Fulton Street and Whitwood Lane within the R-2 (Multiple-Family Residential) Zoning District. According to City records, these parcels were created in the early 1960's and were developed with nearly identical 4-plex structures shortly thereafter. The properties abut the city border with San Jose to the west and are located across the street from the Kirkwood Plaza shopping center to the east, as shown, below:

Project Proposal: The applications for Site and Architectural Review Permits would allow 60 square-foot additions to both 4-plexes, specifically two 30 square-foot rear "pop-outs" to each structure to accommodate new bathrooms (reference Attachment 1 and 2 – Project Plans). Associated interior remodels to connect these bathrooms with the existing bedrooms are also show on the project plans. Since these additions would occur at the rear of the structures, which are located side-by-side, they would not be visible from the public street.

ANALYSIS

Environmental Determination: Construction of an addition to an existing structure is considered Categorically Exempt under Section 15301, Class 1, of the California Environmental Quality Act (CEQA), pertaining to minor alterations of existing facilities. Moreover, there are no unusual circumstances that would be grounds for an exception (see Section 15300.2) to an exemption determination.

Administrative Procedure: Customarily, such minor additions may be approved by staff pursuant to the authority granted by the Zoning Ordinance to the Community Development Director to approve "minor additions or alterations to existing structures" that "will not substantially change the overall appearance, character, and scale of the proposed development" (CMC Sec. 21.42.020.C.4). This approval process is predicated on a structure having "previously been approved by the planning Staff Report - Planning Commission Meeting of July 27, 2021 Page 3 PLN-2021-85/86 ~ 45 Fulton St. and 1855 Whitwood Lane commission." Department staff has not found any previous site approvals for the structures, likely meaning they were approved ministerially through a building permit. As a result, this exception does not apply and a Site and Architectural Review Permit, approved by the Planning Commission, is required pursuant to CMC Sec. 21.42.020.A.

Consideration in Review of Applications: In review a Site and Architectural Review Permit, the Zoning Ordinance (CMC Sec. 21.42.040) directs the Planning Commission to consider certain design and layout aspects of the proposal prior to rendering a decision, referenced to as "considerations". The following identifies these considerations and application consistency.

A. Considerations relating to traffic safety, traffic congestion, and site circulation

A nominal addition will have no traffic-related impacts.

B. Considerations relating to landscaping

The properties' existing landscaping will remain.

C. Considerations relating to structures and site layout:

The proposed additions will occur at the rear of the structures underneath the existing roofline and therefore not affect the site layout of the properties.

Findings for Approval: In order to grant approval of the requested Site and Architectural Review Permit, the Planning Commission must affirmatively establish codified findings for approval. Findings establish the evidentiary basis for a City's decision to grant or deny a land use approval and to impose conditions of approval as necessary to establish the findings. The following analysis identifies each of the applicable findings in italics and the consistency of the proposed project.

A. The project will be consistent with the general plan.

The General Plan land use designation for the project site is Medium Density Residential (14-20 units/gr. acre). This designation is intended to support duplexes, small apartment buildings, and small-lot single-family detached homes. Allowing modest additions to existing fourplexes would be in keeping with this intent. Additionally, the proposed project would be consistent with the following General Plan Land Use Strategy:

Strategy LUT-5.2a: Neighborhood Compatibility: Promote new residential development and substantial additions that are designed to maintain and support the existing character and development pattern of the surrounding neighborhood, especially in historic neighborhoods and neighborhoods with consistent design characteristics

B. The project will aid in the harmonious development of the immediate area.

As noted, the additions would be located to the rear of each fourplex and would not be visible from the street, and therefore not affect the development pattern of the immediate area. Staff Report - Planning Commission Meeting of July 27, 2021 Page 4 PLN-2021-85/86 ~ 45 Fulton St. and 1855 Whitwood Lane C. The project is consistent with applicable adopted design guidelines, development agreement, overlay district, area plan, neighborhood plan, and specific plan(s).

The subject properties are not covered by any area, neighborhood, or specific plan. Additionally, the City has no design guidelines for multi-family residential structures.

Site and Architectural Review Committee: The Site and Architectural Review Committee (SARC) reviewed this application at its meeting of July 13, 2021. The SARC was agreeable to the proposal as presented. Attachments: 1. Draft Resolution (45 Fulton St.) 2. Draft Resolution (1855 Whitwood Ln.) 3. Project Plans (45 Fulton St.) 4. Project Plans (1855 Whitwood Ln.)

Prepared by: Daniel Fama, Senior Planner

Approved by: Rob Eastwood, Community Development Director RESOLUTION NO. 462_

BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A SITE AND ARCHITECTURAL REVIEW PERMIT (PLN-2021-85) TO ALLOW AN APPROXIMATELY 60 SQUARE-FOOT ADDITION TO AN EXISTING FOURPLEX ON PROPERTY LOCATED AT 45 FULTON STREET.

After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed.

The Planning Commission finds as follows with regard to File No. PLN-2021-85:

1. The Project Site is an 8,370 square feet parcel improved with an approximately 3,188 square-foot fourplex.

2. The Project Site is located along Fulton Street, north of Whitwood Lane.

3. The Project Site is zoned R-2 (Multiple-Family Residential) as shown on the Campbell Zoning Map.

4. The Project Site is designated Medium Density Residential as shown on the Campbell General Plan Map.

5. The Proposed Project is an application for a Site and Architectural Review Permit (PLN-2020-70) to allow an approximately 60 square-foot addition.

6. Since the fourplex was not previously approved by the Planning Commission, expansion of the structure requires approval of a Site and Architectural Review Permit pursuant to Campbell Municipal Code Sec. 21.42.020.A.

7. In review of the Proposed Project, the Planning Commission considered traffic safety, traffic congestion, site circulation, adequacy of landscaping, and the appropriateness of proposed structures and site layout, pursuant to Campbell Municipal Code Sec. 21.42.040 (Considerations in review of applications).

8. 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.

Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that:

1. The project will be consistent with the general plan;

2. The project will aid in the harmonious development of the immediate area; and

3. The project is consistent with applicable adopted design guidelines. Planning Commission Resolution No. 462_ Page 2 of 3 PLN-2021-85 – Site and Architectural Review Permit 45 Fulton Street 4. The project Categorically Exempt under Section 15301, Class 1, of the California Environmental Quality Act (CEQA), pertaining to the minor alteration of existing facilities

THEREFORE, BE IT RESOLVED that the Planning Commission approves a Site and Architectural Review Permit (PLN-2021-85) to allow an approximately 60 square-foot addition to an existing fourplex on property located 45 Fulton St., subject to the attached recommended Conditions of Approval (attached Exhibit A).

PASSED AND ADOPTED this 27th day of July, 2021, by the following roll call vote:

AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners:

APPROVED: Maggie Ostrowski, Chair

ATTEST: Rob Eastwood, Secretary EXHIBIT A

CONDITIONS OF APPROVAL Site and Architectural Review Permit (PLN-2021-85)

COMMUNITY DEVELOPMENT DEPARTMENT Planning Division

1. Approved Project: Approval is granted for a Site and Architectural Review (PLN- 2021-85) to allow an approximately 60 square-foot addition to an existing fourplex on property located 45 Fulton St. The project shall substantially conform to the Project Plans included as Attachment No. 3 in the July 27, 2021 Planning Commission Staff Report, except as may be modified by conditions of approval contained herein.

2. Permit Expiration: The Site and Architectural Review Permit approval shall be valid for one (1) year from the date of final approval. Within this one-year period an application for a building permit must be submitted. Failure to meet this deadline or expiration of an issued building permit will result in the Site and Architectural Review Permit being rendered void.

3. Planning Final Required: Planning Division clearance is required prior to Building Permit final. Construction not in substantial compliance with the approved project plans shall not be approved without prior authorization of the necessary approving body.

4. Plan Revisions: Upon prior approval by the Community Development Director, all revisions to the approved project plans shall be included in the construction drawings submitted for Building Permit. Any modifications to the Building plan set during construction shall require submittal of a Building Permit Revision and approval by the Building Official prior to Final Inspection.

5. Subsequent Building Improvements: The Community Development Director may allow subsequent minor additions or alterations to the existing structure and other minor changes to the plans, provided that these minor changes are limited to modification in the plot plan and elevations that will not substantially change the overall appearance, character, and scale of the proposed development.

6. Fences/Walls: Any newly proposed fencing and/or walls shall comply with Section 21.18.060 of the Campbell Municipal Code and shall be submitted for review and approval by the Community Development Department. Conditions of Approval Site and Architectural Review Permit – PLN-2021-85 Page 2

7. Parking Areas: All parking and driveway areas shall be maintained in compliance with the approved plans and Chapter 21.30 (Parking and Loading) of the Campbell Municipal Code.

8. Construction Activities: The applicant shall abide by the following requirements during construction:

a. The project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street prior to the issuance of building permits. b. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00 p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take place on Sundays or holidays unless an exception is granted by the Building Official. c. All construction equipment with internal combustion engines used on the project site shall be properly muffled and maintained in good working condition. d. Unnecessary idling of internal combustion engines shall be strictly prohibited. e. All stationary noise-generating construction equipment, such as air compressors and portable power generators, shall be located as far as possible from noise- sensitive receptors such as existing residences and businesses. f. Use standard dust and erosion control measures that comply with the adopted Best Management Practices for the City of Campbell.

Building Division:

9. Permits Required: A building permit application shall be required for the building and site improvements. RESOLUTION NO. 462_

BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A SITE AND ARCHITECTURAL REVIEW PERMIT (PLN-2021-86) TO ALLOW AN APPROXIMATELY 60 SQUARE-FOOT ADDITION TO AN EXISTING FOURPLEX ON PROPERTY LOCATED AT 1855 WHITWOOD LANE

After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed.

The Planning Commission finds as follows with regard to File No. PLN-2021-86:

1. The Project Site is an 9,527 square feet parcel improved with an approximately 3,188 square-foot fourplex.

2. The Project Site is located at the northwest corner of Fulton Street and Whitwood Lane.

3. The Project Site is zoned R-2 (Multiple-Family Residential) as shown on the Campbell Zoning Map.

4. The Project Site is designated Medium Density Residential as shown on the Campbell General Plan Map.

5. The Proposed Project is an application for a Site and Architectural Review Permit (PLN-2020-70) to allow an approximately 60 square-foot addition.

Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that:

1. The project will be consistent with the general plan;

2. The project will aid in the harmonious development of the immediate area; and

3. The project is consistent with applicable adopted design guidelines. Planning Commission Resolution No. 462_ Page 2 of 3 PLN-2021-86 – Site and Architectural Review Permit 1855 Whitwood Ln. 4. The project Categorically Exempt under Section 15301, Class 1, of the California Environmental Quality Act (CEQA), pertaining to the minor alteration of existing facilities

THEREFORE, BE IT RESOLVED that the Planning Commission approves a Site and Architectural Review Permit (PLN-2021-86) to allow an approximately 60 square-foot addition to an existing fourplex on property located 1855 Whitwood Ln., subject to the attached recommended Conditions of Approval (attached Exhibit A).

PASSED AND ADOPTED this 27th day of July, 2021, by the following roll call vote:

AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners:

APPROVED: Maggie Ostrowski, Chair

ATTEST: Rob Eastwood, Secretary EXHIBIT A

CONDITIONS OF APPROVAL Site and Architectural Review Permit (PLN-2021-86)

COMMUNITY DEVELOPMENT DEPARTMENT Planning Division

1. Approved Project: Approval is granted for a Site and Architectural Review (PLN- 2021-86) to allow an approximately 60 square-foot addition to an existing fourplex on property located 1855 Whitwood Lane. The project shall substantially conform to the Project Plans included as Attachment No. 4 in the July 27, 2021 Planning Commission Staff Report, except as may be modified by conditions of approval contained herein.

Conditions of Approval Site and Architectural Review Permit – PLN-2021-86 Page 2

7. Parking Areas: All parking and driveway areas shall be maintained in compliance with the approved plans and Chapter 21.30 (Parking and Loading) of the Campbell Municipal Code.

8. Construction Activities: The applicant shall abide by the following requirements during construction:

a. The project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street prior to the issuance of building permits. b. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00 p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take place on Sundays or holidays unless an exception is granted by the Building Official. c. All construction equipment with internal combustion engines used on the project site shall be properly muffled and maintained in good working condition. d. Unnecessary idling of internal combustion engines shall be strictly prohibited. e. All stationary noise-generating construction equipment, such as air compressors and portable power generators, shall be located as far as possible from noise- sensitive receptors such as existing residences and businesses. f. Use standard dust and erosion control measures that comply with the adopted Best Management Practices for the City of Campbell.

Building Division:

9. Permits Required: A building permit application shall be required for the building and site improvements. COMPOSITION SHINGLES IMPROVEMENTS ON BOTH UNITS ARE NOT VISIBLE FROM THE 4/12 STREET

[I] [I] [I] [I] f------[I] [I] STUCCO ELEVATION PLAN srucco [I] [I] STUCCO SCALE 1 /8" = 1' See Sheet AF4 srucco REAR / SOUTH srucco EXTERIOR TO MATCH EXISTING FINISHES 18/20 VIINYL 'MNDOWS 45 FULTON STREET BATH W TYPICAL 'MNDO APN 403-36-007

134,99

'r-- "°'-T,.4' DRAFTING DRIVEWAY 1 s,;, 4SrULTON STREET V!NCINITY MAP "'+.t ELECTRIC SERVICE -�--- N.T.S. ' - � 19 ONE INSIDE PARKING SPACE PROVIDED FOR EACH UNIT STAIRS TO AU LANDSCAPING IS SHOWN IS EXISTING UPPER NO CHANGES ARE PROPOSED UNITS h UNIT I f---- I �::,�ih� sinesis Park4 Park3 Park2 Parkl LLJ 0 0 2 ��:��:nt�=��do�er 0 0 Q, � PROPOSED PROJECT VILLAS AT CAMPBELL n_j n_j Bo••ood f---- J Buxus Sffllpervifens 'J:l 'J:l AT LOWER UNITS LOCATED AT 4 UNIT APARTMENT Ul ttr:�� e�der Tree PROPOSED PRMCT AT 45 45FULTONSTREET 4 d APN 403-36-007 APN 403-36-007 45 FULTON AVENUE FULTON A LOWER FlOOR 5 Ornamentalfl()jler! BATI-lROOM ADDITION OF 50 ZONING R-2 z UNDER EXISTING CANTILEVERED UPPER FLOOR AND so.n. AT EXISTING GARAGE LOT SIZE8262 SQfl. 0 6 Socred Baml>oo Nadina Domesticfl Thub ANO UNDER EXISTING f---- GARAGE SPACE AT LOWER FLOOR CANTILEVERED UPPER FLOOR _J 7 ,r/0-ange flower UNIT 1 & UNIT 2 =:> ��a�ra t:c�:0 LL CONSTRUCT AT 50 son BATHROOM

OUTIJNE OF UPPER FLOOR RELOCATE WATER HEATER GAS SER'tJCE PARKING SPACE TO BE RETAINED 9' x 20' 134,99 BIJLDING 3108S0fl. NO CHANGE TO DRAINAGE PATTERNS PA\IED AREA 2279S0. FT IMPERIVOUSSURFACE 5387SQ. FT. PARCELS ARE FLAT SITE PLAN WORK NOT VISIBLE FROM STREET NO LANDSCAPING CHANGES SCALE 1''=8'

r--i__ Floor Plon LayoulsPer Kirkwood Villoge Plans Dated Novedmber 1961 PRO,£CT LOT COVERAGE Field MeasurementsMay Vary UNITI 816SQH UNITl 816SQH (7'6", 4'0") NEWFloal AREA UNIT 1 3050.FT (7'6", 4'0") NEWFLOOR AREAUNITl J2.5$Q.FT. UNIT2 1032SQH UNIT2 10J2SO.FT ""' GARAGES UNIT! (7'6"•4'0") NEWFLOffiAREAUNIT2 JOSQ.FT (7'6", 4'0")NEWFlOOR AREA U�T 2 32.5 SQ.FT (50',241 GARAGE SPACES,r/STAIRS 12 00SQ.fl. (50',H') GARAGE SPACES,r/STAIRS 12 0050.FT Af1 I SITE PLAN (J5'x4')UPPERFlOOll CANTl.E\oOl 140SQ.FT. :msSQ.Ft Af2 I EXISTING FLOOR PLAN NEW I INEW Af3 I FLOOR PLAN Af4 I ELEVATION PLAN Af5 I COLOR/PHOTO SHEET

City of Campbell -- Community Development Department 70 N. First Street, Campbell, CA 95008 MEMORANDUM

To: Members of the Planning Commission Date: July 27, 2021

From: Rob Eastwood, Community Development Director

Subject: Report of the Community Development Director

I. CITY COUNCIL: The City Council met on Tuesday, July 20, 2021, but had no items of specific interest to the Planning Commission on their agenda.

II. MISCELLANEOUS

A. Next Regular Zoom Planning Commission Meeting of August 10, 2021: The next regular meeting will consider the following item(s):

1. Application (PLN-2021-53) of Evoco Architecture Interiors for a Conditional Use Permit to allow establishment of a dental office (medical services, clinic) within an existing office building and a Parking Modification Permit to allow a reduction to the required number of parking stalls, for property located at 399 N. 3rd Street.

B. Use of Zoom for remote on-line PC Meetings until further notice: This and all of your regular schedule of PC meetings will continue to be conducted via Zoom at least until end of August. This Planning Commission meeting will be conducted via telecommunication and is compliant with provisions of the Brown Act and Executive Order N-29-20 issued by the Governor. The following Commissioners of the Campbell Planning Commission are listed to permit them to appear electronically or telephonically at the Regular Planning Commission meeting on July 27, 2021: Chair Maggie Ostrowski, Vice Chair Stuart Ching and Commissioners Adam Buchbinder, Nick Colvill, Michael Krey, Andrew Rivlin and Alan Zisser.

While members of the public will not be able to attend the meeting of the Campbell City Planning Commission physically, the meeting will be live streamed on YouTube at (https://www.youtube.com/user/CityofCampbell). Interested persons may register to participate at https://campbellca-gov.zoom.us/j/87337632211?pwd=T3g3bzZ3aW9OcWxlK1BObkdET1VtUT09. After registering, you will receive a confirmation email containing information about joining the webinar itself on July 27, 2021, at 7:30 p.m. Additionally, the complete agenda packet will be posted by Friday, July 23, 2021, on the website at https://www.ci.campbell.ca.us/AgendaCenter/Planning-Commission-6, and will include all materials for this meeting. Please be advised that if you challenge the nature of the above project in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this Notice, or in written correspondence delivered to the City of Campbell Planning Commission at, or prior to, the Public Hearing by email to [email protected] . Questions may be addressed to the Community Development Department at (408) 866-2140.