Extension of Approval - 2008MEMORANDUM
To: Tim Haley
I~ terim Dir. Community Development
From: Hemsley
De uty City Clerk
Date: Dec tuber 10, 2008
Subject: 511 and 555 W. Campbel; Avenue (PLN 2008-129)
At the regular meeting of December 8, 2(i`08, the City Council gave second reading to,
and thus formally adopted, Ordinance No. 2116 approving an Extension of Approval
(PLN 2008-129) for atwo-year extension of a previously approved Planned
Development. Permit (PLN 2005-79) to allow the construction of 24 attached single-
family residences and 16 detached single-family residences on properties located at 511
and 555 W. Campbell Avenue in a Planned Development Zoning District, incorporating
Findings, and subject to the attached Conditions of Approval.
A certified copy of this Ordinance is attach d for your records, together with a copy of
the letter written to Charities Housing in fo low up to the City Council's action.
The Ordinance will be published in the Car. Abell Express dated December 17, 2008.
Attachment:
nF - iM~~
V r
F
GRCH Ahc'•~,
CITY of CAMPBELL
City Clerk's Office
December 10, 2008
Ms. Kathy Robinson
Charities Housing
465 S. First Street
San Jose, CA 95113
Dear Ms. Robinson:
At the regular meeting of December 8, 2008, the City Council gave second reading to, and
formally adopted Ordinance No. 2116 approving an Extension of Approval (PLN 2008-129)
for atwo-year extension of a previously approved Planned Development Permit (PLN 2005-
79) to allow the construction of 24 attached single-family residences and 16 detached single-
family residences on properties located at 511 and 555 W . Campbell Avenue in a Planned
Development Zoning District, incorporating Findings and subject to the attached Conditions of
Approval. A certified copy of the Ordinance is enclosed for your records.
It should be noted that the Ordinance will become effective thirty (30) days from the date of
adoption.
Please note that the time within which judicial review of this action must be sought is
governed by Section 1094.6 of the California Code of Civil Procedure, unless another statute
(such as California Government Code Section 65009 or some other applicable provision of
law) sets forth a more specific time period.
Continued .....
Page 2 - 511 and 555 W . Campbell Avenue
Should you have any questions in regard to the City Council's action, please do not hesitate to
contact this office (866-2117) or Tim Haley, Senior Planner, Community Development
Department.
Sincerely,
nne Bybee
City Clerk
Attachment:
cc. Tim Haley, Senior Planner
ORDINANCE NO. Zli6
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING AN EXTENSION OF APPROVAL (PLN2008-
129) FOR ATWO-YEAR EXTENSION OF A PREVIOUSLY APPROVED
PLANNED DEVELOPMENT PERMIT (PLN2005-79) TO ALLOW THE
CONSTRUCTION OF 24 ATTACHED SINGLE-FAMILY RESIDENCES
AND 16 DETACHED SINGLE-FAMILY RESIDENCES ON
PROPERTIES LOCATED AT 511 & 555 W. CAMPBELL AVENUE IN A
P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION
MS. KATHY ROBINSON, ON BEHALF OF CATHOLIC CHARITIES.
FILE NO.: PLN2008-129.
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the City Council of the City of Campbell
does ordain as follows:
SECTION ONE: That this Ordinance be adopted to approve an Extension of Approval
(PLN2008-129) for atwo-year extension of a previously approved Planned Development
Permit (PLN2005-79) to allow the construction of 24 attached single-family residences and
16 detached single-family residences on properties located at 511 & 555 W. Campbell
Avenue with the attached conditions of approval (attached Exhibit A).
SECTION TWO: This Ordinance shall become effective thirty (30) days following its
passage and adoption and shall be published, one time within fifteen (15) days upon
passage and adoption in the Campbell Express, a newspaper of general circulation in the
City of Campbell, County of Santa Clara.
PASSED AND ADOPTED this Stn
call vote:
day of December
2008, by the following roll
AYES: COUNCILMEMBERS: Furtado, Kennedy, Low, Hernandez, Burr
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
AP P ROV ~~~ -~~ ~--,.~-
Donald R. Burr, Mayor
ATTEST: _ .,h~.~:-t.~.~1-~-- ,:. - ~ ~:Y ,;-~. ~°«-~
;s~~ ~"~
Anne Bybee, City Clerk ~r;~-~~r~> ~ ~=~- ~~~ c~K ~
~ ~~p:'gyy~['~;~, ~~~w ~ I I
~~--"" ~ di1~D~V '~'{f ~~ 1 ~N
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City Council Ordinance - E,.~iibit A
PLN2008-129 - 511 & 555 W. Campbell Avenue
Extension of Approval of Planned Development Permit (PLN2005-79)
Page 1
THEREFORE, BE IT RESOLVED that the City Council approves an Extension of Approval
(PLN2008-132) for atwo-year extension of a previously approved Planned Development
Permit (PLN2005-79) to allow the construction of four townhome units on property owned
by Mr. Amir Khojasteh located at 701 W. Hacienda Avenue in a P-D (Planned
Development) Zoning District.
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 to construct a 40-unit residential development
on properties located at 511 & 555 W. Campbell Avenue. The building design and site
design shall substantially conform to the project exhibits listed below, except as may be
modified by the conditions of approval herein:
G. Project plans prepared by Van Meter Williams Pollack Architect, dated August 24,
2005, including a grading and drainage plan, site plan, floor plans, unit plans and
building elevations consisting of 15 sheets.
b. Color/material board submitted by Van Meter Williams Pollack.
c. Conceptual Landscape Plan prepared by Ripley Design Group.
d. Tentative Subdivision Map prepared by Charles Davidson Company, dated
September 6, 2005, as received by the Planning Division consisting of 5 sheets.
2. Permit Expiration: The Planned Development Permit is valid for a period of two years
from the date of final City Council approval. A building permit must be obtained within
this two year period or the Planned Development Permit shall be void.
3. Tentative Subdivision Map: The Planned Development Permit approval is contingent
upon recordation of the Final Subdivision Map to divide the subject property. The Final
Subdivision Map shall be recorded prior to the issuance of building permits. The Map
approval is valid for two years from City Council approval.
4. Covenants, Codes and Restrictions: The applicant shall submit a draft copy of the
Covenants, Conditions and Restrictions (CC&R's) to the Planning Division for approval
by the Community Development Director and City Attorney, prior to the recordation of
the Fina! Subdivision Map, which provide for:
City Council Ordinance - E,,, ~ibit A
PLN2008-129 - 511 & 555 W. Campbell Avenue
Extension of Approval of Planned Development Permit (PLN2005-79)
Page 2
a. Formation of a Homeowner's Association to ensure the long-term maintenance of
buildings and property.
b. Continued architectural controls to ensure the architectural integrity of the project.
c. Definition of common areas to be maintained and provision of maintenance for
these areas.
d. A funding mechanism to ensure maintenance and upkeep of common areas and
shared access facilities.
e. On-going maintenance of the required front yard landscaping for the project.
f. Requirement for the availability of garage space for the parking of vehicles at all
times.
g. A prohibition on the use of parking spaces for storage purposes, including boats,
trailers, and recreational vehicles.
5. Landscape Plan: The applicant shall submit four sets of a final landscape and irrigation
plan to the Planning Division, prior to the issuance of building permits, for review and
approval by the Community Development Director. The landscape and irrigation plan
shall substantially conform with the approved conceptual landscape plan and the City's
Water Efficient Landscaping Standards (WELS) and shall include the following
changes:
a. All new street trees (sixty-two) along Campbell Avenue and the private interior
driveway shall be twenty-four inch box. All other new trees shall be minimum 15
gallon.
b. The landscape plan shall address the protection and preservation of the eight
existing trees and the relocation of one existing oak tree.
c. The applicant shall provide decorative pavement (e.g. patterned
brick) within parking court areas. The design and materials
d
e
concrete, pavers or
to be
decorative pavement shall be reviewed and approved by the
Development Director.
the sound wall.
used for the
Community
The applicant shall submit a tree protection plan for all protected trees to be
retained on site. This plan shall contain specific information about the preservation
of the trees during any grading or building on site. The tree protection plan steal! be
submitted to the Planning Division for review and approval by the Community
Development Director prior to the issuance of building permits.
The landscaping plan shall include the planting of climbing vines on both sides of
6. Buildino Elevations, Details and Colors: The applicant shall submit detailed building
elevations and exhibits depicting architectural details. Detailed elevations and exhibits
steal! be reviewed by and approved by the Community Development Director prior to
the issuance of building permits. Project details include, but are not limited to, the
following:
a. Specifications the colors and materials of the building and architectural details.
City Council Ordinance - E,,. ~~bit A
PLN2008-129 - 511 & 555 W. Campbell Avenue
Extension of Approval of Planned Development Permit (PLN2005-79)
Page 3
b. Window schedules for high quality windows and window treatments. Window rating
for STC ratings per the Initial study shall be provided.
c. Details of trellises and garage doors.
7. Parking and Driveways: All parking and driveway areas shall be developed in
compliance with Chapter 21.28 of the Campbell Municipal Code and the approved
project plans.
8. Fences and Sound Wall: Any newly proposed fencing and/or walls shall comply with
Section 21.18.050 of the Campbell Municipal Code and shall be reviewed and
approved by the Cornrnunity Development Director prior to issuance of any building
permits for the project. The Fencing and Wall Plan shall include the following:
a. Details of the sound wall including landscape pockets
b. Details of open decorative fencing to maintain view corridors into the central open
space area
c. Details of wood fencing along the development perimeter and within the
development.
9. Property Maintenance: The property is to be maintained free of any combustible trash,
debris and weeds until the time that actual construction commences. All unoccupied
existing structures shall be secured by having windows boarded up and doors sealed
shut, or be demolished or removed from the propert}~ (Section 11.201 and 11.414,
1985 Ed. Uniform Fire Code).
10. Utility Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to
installation of PG&E transformers and San Jose Water Company back-flow preventers,
indicating the location of the facilities and screening (if the facilities are above ground)
for approval by the Community Development Director. A utility plan shall be submitted
for review and approval of the Community Development Director, prior to the issuance
of Building Permits.
11. 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 grading or building permits.
12. Park Impact Fee: A Park Impact fee, based on a density range of six to thirteen units
per gross acre, is due upon development of the site. Credit shall be given for any
existing single-family residence to be demolished. Prior to recordation of the Parcel
Map, 75% of this fee is due. The remaining 25% is due prior to issuance of a certificate
of building occupancy.
13. On-site lighting: On-site fighting shall be shielded awa}~ from adjacent properties and
directed on site. The design and type of fighting fixtures, placement anG lighting
City Council Ordinance - E;...,ait A
PLN2008-129 - 511 & 555 W. Campbell Avenue
Extension of Approval of Planned Development Permit (PLN2005-79)
Page 4
intensity of any proposed exterior lighting for the project shall be reviewed and
approved by the Community Development Director prior to issuance of any building
permits for the project. Lighting fixtures shall be of a decorative design to be compatible
with the development and shall incorporate energy saving features. Low-intensity,
downward-directed lighting shall be used in all outdoor areas within the project site.
14. Archaeological Resources: If deposits of prehistoric or historical archaeological
materials are encountered curing project construction activities, all work within 50 feet
of the discovery shall be redirected and a qualified archaeologist shall be contacted to
evaluate the discoveries and make recommendations regarding their potential
significance and extent throughout the site. If such deposits cannot be avoided, they
shall be evaluated for their California and National Register eligibility. If the deposits
are not eligible, additional mitigation is not necessary. If the deposits are eligible, they
shall be avoided or adverse project effects shall be mitigated. Upon completion of the
archaeologist's evaluation, a report shall be prepared documenting the methods and
results of the research, and recommendations for additional mitigation. The report
should be submitted to the City of Campbell and the Northwest Information Center
(NWIC) at Sonoma State University.
15. Human Burial or Skeletal Element Discovery: In the event a human burial or skeletal
element is identified during excavation or construction, work in that location shall stop
immediately until the find can be properly treated. The City and the Santa Clara
County Coroner's office shall be notified. If deemed prehistoric, the Coroner's office
would notify the Native American Heritage Commission who would identify a "Most
Likely Descendant (MLD}." The archeological consultant and MLD, in conjunction with
the project sponsor, shall formulate an appropriate treatment plan for the find, which
might include, but not be limited to, respectful scientific recording and removal, being
left in place, removal and reburial on site, or elsewhere. Associated grave goods are to
be treated in the same manner.
1G. PaleontologicaE Resources: If paleontological resources are encountered during
excavation or construction, construction personnel shall be instructed to immediately
suspend all activity in the immediate vicinity of the suspected resources and the City
and a licensed paleontologist shall be contacted to evaluate the situation. A licensed
paleontologist shall be retained to inspect the discovery and, make any necessary
recommendations to evaluate the find under current CEQA guidelines prior to the
submittal of a resource mitigation plan and monitoring program to the City for review
and approval prior to the continuation of any on-site construction activity.
17. Noise Mitigation: General construction noise shall be limited to between the hours of
8:00 a.m. and 5:00 p.m. on Monday through Friday and between the hours of 9:00 a.m.
and 4:00 p.m. on Saturday.
The project shall comply with the following noise reduction measures:
City Council Ordinance - E,.. ~ibit A
PLN2008-129 - 511 & 555 W. Campbell Avenue
Extension of Approval of Planned Development Permit (PLN2005-79)
Page 5
a. Bedroom windows associated with the buildings along Campbell Avenue require a
sound rating of STC-28 or higher.
b. Bedroom windows associated with buildings along San Tomas Expressway require
a sound rating of STC-30 or higher.
c. Bedrooms within 288 feet of the Campbell Avenue centerline or 547 feet from the
San Tomas Expressway centerline and directly exposed to the traffic require a
mechanical ventilation system, such as an air conditioning system.
18. Construction Mitigation Measures: The following practices should be followed during
all phases of site preparation and construction activities:
a. 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.
b. Truck routes to and from the construction site should be established and submitted
to the City for review and approval prior to issuance of a building permit. These
truck routes shall avoid access to the project site via residential streets where
possible.
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. Ali 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. Prior to the issuance of building permits, the project site shall be posted with the
name and contact number of the lead contractor in a location visible from the public
street so that the contractor can be made aware of noise complaints.
g. Construction equipment, vehicles, and workers associated with the development of
the project shall not be permitted to park on any residential streets.
h. The "Basic Measures" and the "Enhanced Measures" listed in Table 1 from
BAAQMD CEQA Guidelines, 1999, shall be incorporated into the construction plans
and implemented for the proposed project. The "Optional Measures" listed below
shall also be incorporated. The City shall review the construction plans to ensure
these measures have been incorporated:
Install wheel washers for all existing trucks, or wash off all trucks and equipment
prior to leaving the site;
ii. Suspend excavation and grading activity when winds exceed 25 miles per hour;
and
iii. Limit the area subject to excavation, grading and other construction activit~~ to 2
acres at any one time.
City Council Ordinance - E~,~ ~ibit A
PLN2008-129 - 511 & 555 W. Campbell Avenue
Extension of Approval of Planned Development Permit (PLN2005-79)
Page 6
Building Division:
19. Permits Required: A building permit application shall be required for each proposed
new dwelling structure. The building permit shall include
Electrical/Plumbing/Mechanical fees when such work is part of the permit.
20. Construction Plans: The Conditions of Approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
21. Size of Plans: The minimum size of construction plans submitted for building permits
shall be 24 inches by 36 inches.
22. Plan Preparation: This project requires plans prepared under the direction and
oversight of a California licensed Engineer or Architect. Plans submitted for building
permits shall be "wet stamped" and signed by the qualifying professional person.
23. Soils Report: Two copies of a current soils report, prepared to the satisfaction of the
Building Official, containing foundation and retaining wall design recommendations
shall be submitted with the building permit application. This report shall be prepared by
a licensed engineer specializing in soils mechanics.
24. Site Plar: Application for building permit shall include a competent site plan that
identifies property and proposed structures with dimensions and elevations as
appropriate. Site plan shall also include site drainage details.
25. Foundation Inspections: A pad certificate prepared by a licensed civil engineer or land
surveyor shall be submitted to the project building inspector upon foundation
inspection. This_ certificate shall certify compliance with the recommendations as
specified in the soils report and the building pad elevation and on-site retaining wal!
locations and elevations are prepared according to approved plans. Horizontal and
vertical controls shall be set and certified by a licensed surveyor or registered civil
engineer for the following items;
a. Pad elevation
b. Finish floor elevation (first floor)
c. Foundation corner locations
26. Title 24 Enerqv Compliance: California Title 24 Energy Compliance forms CF-1 R and
MF-1 R shall be blue lined on the construction plans. 8 '/2 x 11 calculations shall also
be submitted.
27. Special Inspections: When a special inspection is required by UBC Section 1701, the
architect or engineer of record shall prepare an inspection program than stall be
submitted to the Building Official for approval prior to issuance of the building permits,
City Council Ordinance - E~,,,~bit A
PLN2008-129 - 511 & 555 W. Campbell Avenue
Extension of Approval of Planned Development Permit-(PLN2005-79)
Page 7
in accordance with UBC Section 106.3.5. Please obtain City of Campbell, Special
Inspection forms from the Building Inspection Division Counter.
28. Santa Clara Valley Non-Point Source Pollution Control Program: The City of Campbell
standard Santa Clara Valley Non-Point Source Pollution Control Program specification
sheet shall be part of plan submittal. The specification sheet (size 24 inches by 36
inches) is available at the Building Division service counter.
29. Approvals Required: The project requires the following agency approval prior to
issuance of the building permit:
a. West Valley Sanitation District (378-2407)
b. Santa Clara County Fire Department (378-4010)
c. School District:
i. Campbell Union School District (378-3405)
ii. Campbell Union High School District (371-0960)
iii. Moreland School District (379-1370)
iv. Cambrian School District (377-2103)
Note: To determine your district, contact the offices identified above. Obtain the
school District payment form from the City Building Division, after the Division has
approved the building permit application.
d. Bay Area Air C.~uality Management District (Demolitions only) (415-771-6000}
30. PG&E: Applicant is advised to contact Pacific Gas & Electric Company as early as
possible in the approval process. Service installations, changes and/or relocation may
require substantial scheduling time and can cause significant delays in the approval
process. Applicant should also consult with PG&E concerning utilit~~ easements,
distribution pole locations and required conductor clearances.
31. Construction ~encinq: 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 as per
condition No. 5 of this approval.
32. Area Subiect to Liquefaction: This property has been geologically identified as subject
to liquefaction. Applicant shall comply with requirements of California Public
Resources Code Section 2697.
City Council Ordinance - E,...,oit A
PLN2008-129 - 511 & 555 W. Campbell Avenue
Extension of Approval of Planned Development Permit (PLN2005-79)
Page 8
FIRE DEPARTMENT
33. Required Fire Flow: The fire flow for this project is 1000 gpm at 20 psi residual
pressure. The required fire flow is available from area water mains and fire hydrant(s)
which are not spaced at the required spacing.
34. Public Fire Hydrant(s) Required: Provide public fire hydrant(s) at location(s) to be
determined by the Fire Department and San Jose Water Company. Hydrant(s) shall
have a minimum single flow of 100 GMP at 20 psi residual, with spacing not to exceed
250 feet. Prior to applying for building permit, provide civil drawings reflecting all fire
hydrants serving the site. To prevent building permit delays, the developer shall pay all
required fees to the water company ASAP.
35. Timing of Required Water Supply Installations: Installations of required fire service(s)
and fire hydrant(s) shall be tested and accepted by the Fire Department, prior to the
start of framing or delivery of bulk combustible materials. Building permit issuance may
be withheld until required installations are completed, tested and accepted.
36. Fire Hydrant Location Identifier: Prior to project final inspection, the general contractor
shall ensure that an approved ("Blue Dot") fire hydrant location identifier has been
placed in the roadway, as directed by the Fire Department.
Prior to installation, a copy of the Fire Department "approved" underground fire service
drawings shall be provided to the San Jose Water Company for record purposes. To
prevent engineering delays, the underground contractor shall submit to the Fire
Department three sets of shop drawings designed per NFPA Std., #24, a completed
permit application and applicable fees for review and approval ASAP.
3?. Fire Apparatus (Engine} Access Roads Required: Provide access roadways with G
paved all weather surface, a minimum unobstructed width of 20 feet, vertical clearance
of 13 feet, 6 inches, minimum circulating turning radius of 36 feet outside and 23 feet
inside and a maximum slope of 15 percent. Installations shat! conform to Fire
Department Standard Details and Specifications Sheet A-1.
38. Secondary Access Required: Provide a secondary access point. installations and
Design of Secondary Access shalt conform to Fire Department Standard Details and
Specifications A-4. Location on EVA on drawings is noted and approved.
39. Fire Lane Markings Required: Provide marking for all roadways within the project.
Markings shall be per Fire Department specifications. Installations shall also conform
to Local Government Standards and Fire Department Standard Details and
Specifications A-6.
City Council Ordinance - Ea..~it A
PLN2008-129 - 511 & 555 W. Campbell Avenue
Extension of Approval of Planned Development Permit (PLN2005-79)
Page 9
40. Parking Along Roadways: The required width of fire access roadways shall not be
obstructed in any manner and parking shall not be allowed along roadways less than
28 feet in width. Parking may be permitted along one side of roadways 28-35 feet in
width. For roadways equal to or greater than 36 feet, parking will be allowed on both
sides of the roadway. Roadway widths shall be measured curb face to curb face, with
parking space based on an 8 foot width.
41. Timing of Required Roadway Installations: Required access roads, up through first lift
of asphalt, shall be installed and accepted by the Fire Department prior to the start of
combustible construction. During construction, emergency access roads shall be
maintained clear and unimpeded. Note that building permit issuance may be withheld
until installations are completed. Temporary access roads may be approved on a case
by case basis.
42. Premises Identification: Approved numbers or addresses shall be placed on all new
and existing buildings in such a position as to be plainly visible and legible from the
street or road fronting the property. Numbers shall contrast with their background.
PUBLIC WORKS
43. Final Mag: Prior to issuance of any grading or building permits for the project, the
applicant shall submit a Final Map for review by the City and recordation, upon
approval by the City Council, pay various fees/deposits and submit the map in a digits!
format acceptable to the City.
44. Preliminary Title Report: Upon submittal of the tract map, the applicant shall provide a
current (within the past 6 months) Preliminary Title Report.
45. Public Service Easement and Sidewalk Easement: Upon recordation of the Final Map,
the applicant: shall grant a 5' public service easement and sidewalk easement on
private property contiguous with the public right-of-way along the Campbell Avenue
frontage. The applicant shat! have al! documents prepared by 2 registered civil
engineer/land surveyor, as necessary, for the City's review and recordation.
46. Private Easements:. Upon recordation of the Final Map, the applicant shall have private
easements recorded for private utilities, private storm drains, reciprocal ingress and
egress, emergency vehicles, etc.
47. Monumentation for Final Map: Prior to recordation of the Final Map, the applicant shall
provide a cash deposit for setting all monuments shown on the map. Monuments shall
be set per section 20.76.010 of the Campbell Municipal Code.
48. Street Improvements: Prior to recordation of the Final Map, the applicant shall execute
a street improvement agreement, have plans for public street improvements prepared
City Council Ordinance - Eke ~ibit A
PLN2008-129 - 511 & 555 W. Campbell Avenue
Extension of Approval of Planned Development Permit (PLN2005-79)
Page 10
by a registered civil engineer, pay various fees and deposits and 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. The plans shall
include the following:
a. Show location of all existing utilities within the new and existing public right of way.
b. Relocation of all existing utilities including utility boxes, covers, poles, etc. outside of
sidewalk area. No utility boxes, covers, etc. will be allowed in the sidewalk area.
c. Removal of existing driveway approaches and necessary sidewalk, curb and gutter.
d. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway
approach.
e. Installation of asphalt concrete overlay per street pavement restoration plan for
utility installation and/or abandonment, as required by the City Engineer.
f. Installation of street trees at a minimum of 40 feet on center.
g. Installation of streetlights, conduits, conductors and related facilities in accordance
with the City of Campbell's Street Lighting Policies.
h. Installation of traffic control, stripes and signs to preclude left turns into the project
driveway.
i. Installation of traffic control, stripes and signs as direct by Traffic Engineer.
j. Construction of conforms to existing public and private improvements, as necessary.
49.Occupanc}~: Prior to allowing occupancy for any and/or all buildings, the 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.
50. 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.
51. Soils Report: Prior to issuance of any grading or building permits for the site, applicant
shall provide a soils report prepared by a registered geotechnical or civil engineer.
52. 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.
53. 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.
City Council Ordinance - E,.,,~bit A
PLN2008-129 - 511 & 555 W. Campbell Avenue
Extension of Approval of Planned Development Permit (PLN2005-79)
Page 11
54. Pavement Restoration: Based on the utility coordination plan, the applicant shall
prepare a pavement restoration plan for approval by the City Engineer prior to any
utility installation or abandonment. Streets that have been reconstructed or overlaid
within the previous five years will require boring and jacking for all new utility
installations. Campbell Avenue has not been reconstructed or overlaid in the last 5
years. The pavement restoration plan shall indicate how the street pavement shall be
restored following the installation or abandonment of all utilities necessary for the
project.
55. Grading and Drainaae Plan: Prior to issuance of any grading or building permits for the
site, the applicant shall conduct hydrology studies based on a ten-year storm
frequency, prepare an engineered grading and drainage plan, and pay fees required to
obtain necessary grading permits. The plans shall comply with the 1998 edition of the
California Building Code including Chapters 10, 11, 18, 33, and Appendix Chapter 33.
56. Storm Drain Area Fee:. Prior to recordation of the Final Map, the applicant shall pay the
most current Storm Drain Area fee, currently set at $2,385 per net acre, which is
$7,131 (subject to change).
57. 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, anc the Campbell Municipal Code regarding stormwater pollution
prevention Specifically the project must include source control, site design and
treatment measures to achieve compliance with Provision C.3. of the NPDES Permit.
Measures may include, but are not limited to, minimization of impervious surface area,
vegetated swales, infiltration areas, and treatment devices. The primary objectives are
to improve the quality and reduce the quantity of sormwater runoff to the bay.
Resources to achieve these objectives include Stormwater Bes` 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 Meef Development Standards for Stormwater Quality:
A Companion Document to Start at the Source ("Using Site Design Techniques") by
BASMAA, 2003.
REQUIREMENTS FOR GROUP 1 AND GRDUP 2 PROJECTS:
a. Upon submission of the tentative map, the applicant shall calculate and submit to
the City the amount of impervious surface created by the development.
b. The applicant's designer or engineer shall submit the required certification for
sizing, selection, and preliminary design of treatment BMP's for the project site to
meet the requirements of the City of Campbell's NPDES permit, Na. 0 ~-119;
Provision C.3.
City Council Ordinance - E~,.,~bit A
PLN2008-129 - 511 & 555 W. Campbell Avenue
Extension of Approval of Planned Development Permit (PLN2005-79)
Page 12
c. The applicant shall comply with the requirements of the NPDES Construction
General Permit.
d. Upon submission of the Final Map, the applicant shall sign the "Covenants for the
Operation and Maintenance of Stormwater Facilities".
e. The applicant shall also comply with any other or new conditions as required by the
City of Campbell's NPDES permit.
Prior to occupancy, a qualified BMP certifier is required to inspect the stormwater
management facilities, submit a complete set of as-built drawings to Public Works
Engineering, and certify on these drawings that:
a. The stormwater management facilities were constructed in compliance with the
approved plans.
b. The as-built drawings show all pertinent constructed dimensions, elevations,
shapes, and materials;
c. All variations in construction from the approved design plan have been identified,
including omissions to and additions from the approved plan; and
d. Any changes are in conformance with local, state, or federal regulations.
58. Operation and Maintenance of Stormwater Pollution Prevention Measures: Prior to
recordation of the Final Map, the applicant shall execute an agreement and provide
security for the operation and maintenance of stormwater pollution prevention
measures installed or provided as a part of this project.
59. State General Construction Activity Permit: Prior to issuance of any grading or building
permits, the applicant shall comply with the State General Construction Activity Permit
requirements including paying fees, filing a Notice of Intent and providing a Storm
Water Pollution Prevention Plan (SWPPP). The applicant shall provide the City with a
copy of the filed Notice of Intent and SWPPP.
60. Covenants, Conditions, and Restrictions: Provide copies of CC&Rs for review by the
City prior to recordation of the Fina! Map and CC&Rs.
61. Demolition: Prior to recording of the Final Map the applicant shall obtain a demolition
permit and remove any nonconforming structures.
62. Asbestos and Lead: Consistent with the list of regulatory requirements contained in the
Asbestos and Lead Survev Report prepared for the project site, all asbestos-containinc
materials shall be abated by a certified asbestos abatement contractor in accordance
with construction worker health and safety regulations and the regulations and
notification requirements of the Bay Area Air Quality Management District (BAAQMD)
(29 CFR 1926.1101; 40 CFR 61 and 152; Title 8 CCR Section 1529; BAAQMD
Regulation 11, Rule 2}. The removal and disposal o` lead-based paint within; the
project site shall be completed in accordance with federal and State construction
City Council Ordinance - E~,.,~oit A
PLN2008-129 - 511 & 555 W. Campbell Avenue
Extension of Approval of Planned Development Permit (PLN2005-79)
Page 13
worker health and safety regulations (29 CFR, Part 1926.62; Title 8, CCR section
532.1; CDHS Training, Certification and Work Practices Rule).
63. Pesticide Contamination: Prior to the issuance of grading or construction permits for
development of the proposed project, the extent of pesticide-affected surficial soil near
boring location S5 (as indicated in the Soil Quality Evaluation prepared for the project
site) shall be determined. The contamination shall be remediated such that pesticide
contamination in this portion of the project site is below the residential Environmental
Screening Level (ELS).
64. Redevelopment Agency: The applicant shall develop 24 below market rate and 16
market rate residential units consistent with the Disposition and Development and Loan
Agreement approved by the City Council and the Redevelopment Agency Board.
Minutes of Study Session of November 18, 2008
This action approves the Minutes of the Study Session of November 18, 2008.
2. Minutes of Regular Meeting of November 18, 2008
This action approves the Minutes of the Regular Meeting of November 18, 2008.
3. Payment of Bills and Claims
This action approves the payment of bills and claims in the amount of
$'1,840,731.06 as follows: payroll related checks dated November 13, 2008 in
the amount of $222,361.38; bills and claims checks dated November 17, 2008 in
the amount of $355,634.29; and bills and claims checks dated November 24,
2008 in the amount of $1,262,735.39.
4. Ordinance 2116 approving application of Ms. Kathy Robinson, on behalf of
Charities Housing, Inc., for Extension of Approval for a previously
approved Planned Development Permit (PLN2005-79) to allow the
construction of 24 attached single-family residences and 16 detached
single-family residences on properties located at 511 and 555 W. Campbell
Avenue in a PD (Planned Development) Zoning District, Application of
Kathy Robinson, on behalf of Charities Housing, Inc. (Second ReadinglRolf
Call Vote)
Second reading of Ordinance 2116 approves an applica#ion of Ms, Kathy
Robinson, on behalf of Charities Housing, Inc., for Extension of Approval for a
previously approved Planned Development Permit (PLN2005-79) to allow the
construction of 24 attached single-family residences and 16 detached single-
family residences on properties located at 511 and 555 W. Campbell Avenue in
a PD (Planned Development) Zoning District, Application of Kathy Robinson, on
behalf of Charities Housing, Inc.
5. Ordinance 2117 Approving Amendment to Campbell Municipal Code Title 2
entitled Administration and Personnel and Section 21.54.040 entitled
Historic Preservation Board (Second Reading/Roll Call Vote)
Second reading of Ordinance 2117 approves an amendment to Campbell
Municipal Code Title 2 entitled Administration and Personnel and Section
21.54.040 entitled Historic Preservation Board.
6. Monthly Investment Report -October 2008
This action is to note and file the Mon#hly Investment Report for October 2008.
Minutes of 121812008 City Council/Redevelopment Agency Meeting
MEMORANDUM
To: Tim Haley
S io Planner, Comm. Development Dept.
From: Ja emsley
D puty City Clerk
Date: vember 21, 2008
Subject: Extension of Approval (PLN 2008-129) to grant atwo-year extension of
a previously approved PD Permit (PLN 2005-79) and extension of a
previously approved Tentative Subdivision Map (PLN 2005-80) - Kat by
Robinson, on behalf of Charities Housing, Inc. - 51 1 and 555 W.
Campbell Avenue
At the regular meeting of November 18, 2008, the City Council held a public hearing
to consider the application of Ms. Kathy Robinson, on behalf of Charities Housing,
Inc., for a two year Extension of Approval (PLN 2008-129) for a previously approved
Planned Development Permit (PLN 2005-79) to allow the construction of twenty four
attached single-family residences and sixteen detached single-family residences; and a
Tentative Subdivision Map (PLN 2005-80) to create 44 lots (40 residential lots; 3
public services lots, and 1 common lot) on property located at 511 and 555 W.
Campbell Avenue in a PD Zoning District.
After hearing public testimony, discussion and deliberation, the City Council took the
following action:
Gave first reading to Ordinance 2116 approving a two year Extension of a
Planned Development Permit to allow the construction of forty residential units,
on property located at 511 and 555 W. Campbell Avenue incorporating
Findings, and subject to the attached Conditions of Approval. Second reading
of this Ordinance will be given at the regular scheduled meeting of December 8,
2008.
2. Adopted Resolution 10967 approving a two year Reinstatement of Approval of a
Tentative Subdivision Map to create 44 lots (40 residential lots, 3 public
services lots and 1 common lot) on property located at 511 and 555 W.
Campbell Avenue, incorporating Findings and subject to attached Conditions of
Approval.
A certified copy of this Resolution is attached for your records, together with a letter
written to Ms. Robinson in follow-up to the City Council's action.
RESOLUTION NO. 10967
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING A REINSTATEMENT OF APPROVAL
(PLN2008-129) TO GRANT A TWO-YEAR APPROVAL OF A
PREVIOUSLY APPROVED TENTATIVE SUBDIVISION MAP
(PLN2005-80) TO CREATE 44 LOTS (40 RESIDENTIAL LOTS, THREE
PUBLIC SERVICE LOTS AND ONE COMMON LOT) ON PROPERTIES
LOCATED AT 511 & 555 W. CAMPBELL AVENUE IN A P-D
(PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION MS.
KATHY ROBINSON, ON BEHALF OF CATHOLIC CHARITIES. FILE
NO.: PLN2008-129.
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the Planning Commission did find as
follows with respect to application PLN2008-129.
1. The proposed creation of 43 lots (40 residential/3 public service) and one common lot
at a density of 9.4 units per gross acre is consistent with the Low-Medium Density
Residential (6-13 units per gross acre) General Plan land use designation for the
property.
2. The proposed Tentative Subdivision Map is consistent with the Planned Development
Zoning Ordinance.
3. The provisions of the Covenants, Conditions and Restrictions are necessary to ensure
the long-term maintenance of the common access driveway and landscaping.
4. The Tentative Subdivision Map has been distributed to local agencies, including Pacific
Gas and Electric, West Valley Sanitation District, Santa Clara Valley Transportation
Authority and the Santa Clara Valley Water District. None of these agencies raised any
concerns about providing services to the proposed lots.
5. The proposed project, to the extent feasible, includes provisions for access to natural
air and light for all of the units.
6. The provisions of the Covenants, Conditions and Restrictions are necessary to ensure
the long-term property maintenance and continued architectural integrity of the project.
7. A Mitigated Negative Declaration has been prepared for this project concluding that
there are no significant unmitigated impacts associated with this project, pursuant to
the California Environmental Quality Act (CEQA).
City Council Resolution
PLN2008-129 - 511 & 555 W. Campbell Avenue
Reinstatement of Approval -Tentative Subdivision Map (PLN2005-80)
Page 2
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The proposed Tentative Subdivision Map is consistent with the General Plan and
Zoning Ordinance of the City.
2. The proposed Tentative Subdivision Map does not impair the balance between the
housing needs of the region and the public service needs of its residents and available
fiscal and environmental resources.
3. The design of the Tentative Subdivision Map provides, to the extent feasible, for future
passive or natural heating and cooling opportunities.
4. The development and uses will be compatible with the General Plan of the City and will
aid in the harmonious development of the immediate area.
5. There is a reasonable relationship and a rough proportionality between the conditions
of approval and the impacts of the project.
6. There is a reasonable relationship between the use of the fees imposed upon the
project and the type of development project.
7. No substantial evidence has been presented from which a reasonable argument could
be made that 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 City Council approves a Reinstatement of
Approval (PLN2008-129) to grant atwo-year approval of a previously approved Tentative
Subdivision Map (PLN2005-80) to allow the creation of 44 lots (40 residential lots, three
public service lots and one common lot on property located at 511 & 555 W. Campbel!
Avenue in a P-D (Planned Development) Zoning District.
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.
City Council Resolution
PLN2008-129 - 511 & 555 W. Campbell Avenue
Reinstatement~of Approval -Tentative Subdivision Map (PLN2005-80)
Page 3
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division:
1. Approved Project: Approval for a Tentative Subdivision Map to create 40 residential
lots, three (3) public service lots, and one common lot, on properties located at 511 &
555 W. Campbell Avenue. The site design and subdivision design shall substantially
conform to the project exhibits listed below, except as may be modified by the
conditions of approval herein:
a. Tentative Subdivision Map prepared by Charles Davidson Company, dated
September 6, 2005, including a lot plan, preliminary grading and drainage plan,
utility plan and demolition plan.
2. Approval Expiration: The Tentative Subdivision Map approval is valid for a period of
two years from the date of final approval, unless an extension is granted prior to the
expiration date.
3. Planned Development Permit Approval: Valid approval is contingent upon recordation
of the Final Subdivision Map to divide the subject property. The Final Subdivision Map
shall be recorded prior to the issuance of building permits.
4. Covenants. Codes and Restrictions: The applicant shall submit a draft copy of the
Covenants, Conditions and Restrictions (CC&R's) to the Planning Division for approval
by the Community Development Director and City Attorney, prior to the recordation of
the Final Subdivision Map, which provide for:
a. Formation of a Homeowner's Association to ensure the long-term maintenance of
buildings and property.
b. Continued architectural controls to ensure the architectural integrity of the project.
c. Definition of common areas to be maintained and provision of maintenance for
these areas.
d. A funding mechanism to ensure maintenance and upkeep of common areas and
shared access facilities.
e. On-going maintenance of the required front yard landscaping for the project.
f. Requirement for the availability of garage space for the parking of vehicles at ali
times.
g. A prohibition on the use of parking spaces for storage purposes, including boats,
trailers, and recreational vehicles.
City Council Resolution
PLN2008-129 - 511 & 555 W. Campbell Avenue
Reinstatement of Approval -Tentative Subdivision Map (PLN2005-80)
Page 4
PUBLIC WORKS
5. Final Map: Prior to issuance of any grading or building permits for the project, the
applicant shall submit a Final Map for review by the City and recordation, upon
approval by the City Council, pay various fees/deposits and submit the map in a digital
format acceptable to the City.
6. Preliminary Title Report: Upon submittal of the tract map, the applicant shall provide a
current (within the past 6 months) Preliminary Title Report.
7. Public Service Easement and Sidewalk Easement: Upon recordation of the Final Map,
the applicant shall grant a 5' public service easement and sidewalk easement on
private property contiguous with the public right-of-way along the Campbell Avenue
frontage. The applicant shall cause all documents to be prepared by a registered civil
engineer/land surveyor, as necessary, for the City's review and recordation.
8. Private Easements: Upon recordation of-the Final Map, the applicant shall have private
easements to be recorded for private utilities, private storm drains, reciprocal ingress
and egress, emergency vehicles, etc.
9. Monumentation for Final Map: Prior to recordation of the Final Map, the applicant shall
provide a cash deposit for setting all monuments shown on the map. Monuments shall
be set per section 20.76.010 of the Campbell Municipal Code.
10. Street Improvements: Prior to recordation of the Final Map, the applicant shall execute
a street improvement agreement, 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. The plans
shall include the following:
a. Show location of all existing utilities within the new and existing public right of way.
b. Relocation of all existing utilities including utility boxes, covers, poles, etc. outside of
sidewalk area. No utility boxes, covers, etc. will be allowed in the sidewalk area.
c. Removal of existing driveway approaches and necessary sidewalk, curb and gutter.
d. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway
approach.
e. Installation of asphalt concrete overlay per street pavement restoration plan for
utility installation and/or abandonment, as required by the City Engineer.
f. installation of street trees at 40 feet on center.
g. Installation of streetlights, conduits, conductors and related facilities in accordance
with the City of Campbell's Street Lighting Policies.
i1. installation of traffic control, stripes and signs.
City Council Resolution
PLN2008-129 - 511 & 555 W. Campbell Avenue
Reinstatement of Approval -Tentative Subdivision Map (PLN2005-80)
Page 5
i. Construction of conforms to existing public and private improvements, as
necessary.
11.Occupancy: Prior to allowing occupancy for any and/or all buildings, the 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.
12. 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.
13. Soils Report: Prior to issuance of any grading or building permits for the site, applicant
shall provide a soils report prepared by a registered geotechnical or civil engineer.
14. 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.
15. 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.
16. Pavement Restoration: Based on the utility coordination plan, the applicant shall
prepare a pavement restoration plan for approval by the City Engineer prior to any
utility installation or abandonment. Streets that have been reconstructed or overlaid
within the previous five years will require boring and jacking for all new utility
installations. Campbel! Avenue has not been reconstructed or overlaid in the last 5
years. The pavement restoration plan shall indicate how the street pavement shall be
restored following the installation or abandonment of all utilities necessary for the
projec~.
17. Grading and Drainage Plan: Prior to issuance of any grading or building permits for the
site, the applicant shall conduct hydrology studies based on a ten-year storm
frequency, prepare an engineered grading and drainage plan, and pay fees required to
obtain necessary grading permits. The plans shall comply with the 1998 edition of the
California Building Code including Chapters 10, 11, 18, 33, and Appendix Chapter 33.
City Council Resolution
PLN2008-129 - 511 & 555 W. Campbell Avenue
Reinstatement of Approval -Tentative Subdivision Map (PLN2005-80)
Page 6
18. Storm Drain Area Fee: Prior to recordation of the Final Map, the applicant shall pay the
most current Storm Drain Area fee, currently set at $2,385 per net acre, which is
$7,131 (subject to change).
19. 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. Specifically the project must include source control, site design and
treatment measures to achieve compliance with Provision C.3. of the NPDES Permit.
Measures may include, but are not limited to, minimization of impervious surface area,
vegetated swales, infiltration areas, and treatment devices. 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.
REQUIREMENTS FOR GROUP 1 AND GROUP 2 PROJECTS:
a. Upon submission of the tentative map, the applicant shall calculate and submit to
the City the amount of impervious surface created by the development.
b. The applicant's designer or engineer shall submit the required certification for
sizing, selection, and preliminary design of treatment BMP's for the project site to
meet the requirements of the City of Campbell's NPDES permit, No. 01-119,
Provision C.3.
c. The applicant shall comply with the requirements of the NPDES Construction
General Permit.
d. Upon submission of the Final Map, the applicant shall sign the "Covenants for the
Operation and Maintenance of Stormwater Facilities".
e. The applicant shall also comply with any other or new conditions as required by the
City of Campbell's NPDES permit.
Prior to occupancy, a qualified BMP certifier is required to inspect the stormwater
management facilities, submit a complete set of as-built drawings to Public Works
Engineering, and certify on these drawings that:
a. The stormwater management facilities were constructed in compliance with the
approved plans.
City Council Resolution
PLN2008-129 - 511 & 555 W. Campbell Avenue
Reinstatement of Approval -Tentative Subdivision Map (PLN2005-80)
Page 7
b. The as-built drawings show all pertinent constructed dimensions, elevations,
shapes, and materials;
c. All variations in construction from the approved design plan have been identified,
including omissions to and additions from the approved plan; and
d. Any changes are in conformance with local, state, or federal regulations.
20.Operation and Maintenance of Stormwater Pollution Prevention Measures: Prior to
recordation of the Final Map, the applicant shall execute an agreement and provide
security for the operation and maintenance of stormwater pollution prevention
measures installed or provided as a part of this project.
21. State General Construction Activity Permit: Prior to issuance of any grading or building
permits, the applicant shall comply with the State General Construction Activity Permit
requirements including paying fees, filing a Notice of Intent and providing a Storm
Water Pollution Prevention Plan (SWPPP). The applicant shall provide the City with a
copy of the filed Notice of Intent and SWPPP.
22. Covenants Conditions, and Restrictions: Provide copies of CC&Rs for review by the
City prior to recordation of the Final Map and CC&Rs.
23. Demolition: Prior to recording of the Final Map the applicant shall obtain a demolition
permit and remove any nonconforming structures.
PASSED AND ADOPTED this i~tn day of November , 2008, by the following
roll call vote:
AYES: COUNCILMEMBERS: Furtado, xennedy, Low, xernandez, Burr
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
'~'~
APPRO~~~ ~ = =~---
Donald R. Burr, Mayor
C
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ATTEST: r~r~'~i~-~ t~--~
Anne Bybee, ity Clerk ,tea ~-; ter..,-~ :~r~~ ,=i=~'"~ ~~
Fill ~ }(~,.s~r CLvy --
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C. ~ZCH AryO.~.
CITY c~F CAMPBELL
City Clerk`s Office
November 21, 2008
Ms. Kathy Robinson
Charities Housing
465 S. First Street
San Jose, CA 9~ 113
Dear Ms. Robinson:
At the regular meeting of November 18, 2008, the City Council held a public hearing to
consider your application, on behalf of Charities Housing, Inc. , for atwo-year Extension of
Approval (PLN 2008-129) for a previously approved Planned Development Permit (PLN
2005-79) to allow the construction of 24 attached single-family residences and 16 detached
single-family residences, and a Tentative Subdivision Map (PLN 2005-80) to create 44 lots
(forty residential lots, three public services lots, and one common lot) on properties located at
511 and 555 W. Campbell Avenue in a PD Zoning District.
After hearing public testimony, discussion and deliberation, the Campbell City Council took
the following action:
1. Gave first reading to Ordinance 2116 approving an Extension of Approval (PLN 2008-
129) for atwo-year extension of a previously approved Planned Development Permit
(PLN 2005-79) to allow the construction of 24 attached single-family residences and 16
detached single-family residences on properties Located at X11 and 55~ W. Campbell
Avenue in a Planned Development Zoning District, including Findings and subject to
the attached Conditions of Approval.
The City Council will give second reading to. and thus adopt Ordinance 2116 at the regular
scheduled meeting of December 8, 2008. A certified copy of the Ordinance will be forwarded
to you following this meeting.
?. Adopted Resolution No. 10967 approving a Reinstatement of Approval (PLN 2008-129) to
grant atwo-year approval of a previously approved Tentative Subdivision Map (PLN 200-80)
to create 44 lots (forty (40> residential lots, three (3) public service lots. and one (1) corrmlon
lot on properties located at 511 and 555 W. Campbell Avenue in a Planned Development
Zoning District, including Findings, and subject to the attached Conditions of Approval.
Continued ...
Page 2 - 511 and 555 W . Campbell Avenue
Please find a certified copy of Resolution 10967 attached for your records.
Please note that the time within which judicial review of this action must be sought is
governed by Section 1094.6 of the California Code of Civil Procedure, unless another statute
(such as California Government Code Section 65009 or some other applicable provision of
law) sets forth a more specific time period.
Should you have any questions in regard to the City Council's action, please do not hesitate to
contact this office (866-2117) or Tim Haley, Senior Planner, Community Development
Department.
Sincerely,
r ~
~~ ~ ~,
Anne Bybee
City Clerk
Attachment:
cc. Tim Haley, Senior Planner
~ •CAA.,
~~.0 1~~~
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•~RCHAR~•
TITLE
City
Council
Report
Item:
Category:
Meeting Date:
7.
Public Hearing
November 18, 2008
Public Hearing to consider the application of Ms. Kathy Robinson, on behalf of Charities
Housing, Inc., for a two year Extension of Approval (PLN2008- 129) for a previously
approved Planned Development Permit (PLN2005-79) to allow the construction of 24
attached single family residences, 16 detached single-family residences; and a
Tentative Subdivision Map (PLN2005-80) to create 44 lots(forty residential lots, three
pubic services lots and one common lot) on properties located at 511 and 555 W.
Campbell Avenue in P-D (Planned Development) Zoning District.
RECOMMENDATION
That the City Council take the following actions:
1. Take first reading of the attached Ordinance, incorporating the attached
findings, approving a two year Extension of a Planned Development Permit to
allow the construction of forty residential units, subject to the attached conditions
of approval, and
2. Adopt a Resolution, approving atwo-year Reinstatement of Approval of a
Tentative Subdivision Map to create 44 lots (forty residential lots, three pubic
services lots and one common lot), subject to the attached conditions of
approval.
ENVIRONMENTAL DETERMINATION
!n accordance with the California Environmental Quality Act (CEQA), the City conducted
an Initial Study for this project. The results of the study determined that no significant
impacts would be created as a result of this project. A Mitigated Negative Declaration
was previously granted for this project and no changes are proposed in the project
design nor have project conditions changed.
BACKGROUND
The City Council previously approved the following application on November 15, 2005:
1. General Plan Amendment (PLN2005-77) from Low Density Residentia! to Low-
Medium Density Residential for 511 W. Campbell Avenue;
City Council Report -November 18, 2008
Planned Development Permit/Tentative Subdivision Map -Extension /Reinstatement
PLN2008-129 511-555 W. Campbell Avenue
Page 2
2. Zone Change (PLN2005-78) from R-1-6 to P-D for 511 W. Campbell Avenue;
3. Planned Development Permit {PLN2005-79) to allow the construction of 24 attached
single-family residences, 16 detached single-family residences;
4. Tentative Subdivision Map (PLN2005-80} to create 44 lots; and,
5. A Tree Removal Permit (PLN2005-81) to remove 20 of 29 protected trees.
The Planned Development Permit approval (PLN 2005-77) expired on November 15,
2008, and the Tentative Subdivision Map (PLN2005-80) expired on November 15, 2007.
The applicant is seeking a two year extension of the prior Planned Development Permit
approval and a Reinstatement of the Tentative Map approval in that they have not been
successful in obtaining funding for the projec#. The proposed Extension and
Reinstatement request does not change the plans approved by the City Council in
2005. The project plans have been submitted and plan checked through the Building
Division in hopes of securing Building Permit for the project.
Property Description: The subject properties are located on the northeast corner of San
Tomas Expressway and West Campbell Avenue. The projec# site is currently improved
with various water distribution facilities and three extraction welt buildings that are under
construction. A single story office building, storage tanks and asingle-family residence
have been removed from the site since its previous the consideration by the City
Council. The project site is surrounded by townhomes on the north, a church and
multiple-family residential uses to the south, single-family uses to the east and San
Tomas Expressway and single-family uses to west. The project site is currently zoned
P-D (Planned Development). Reference attachment No. 8.
Applicant's Proposal: The applicant is requesting approval of an Extension of Approval
of a previously approved Planned Development Permit to allow the construction of forty
residential units and a Reinstatement of Approval for a Tentative Subdivision Map to
create 44 lots (forty residential lots, three pubic services lots and one common lot) to
create forty residential lots and one common lot on properties located at 511-555 W.
Campbell Avenue. Reference attachment No. 7.
Planning Commission Action: The Planning Commission considered the applicant's
proposal at its meeting of October 28, 2008, and adopted Resolution Nos. 3913 & 3914
recommending extension and reinstatement of the prior approvals with a (6-0-0) vote.
Reference attachment No. 4.
Public Comment: Two adjacent property owners spoke at the hearing expressing
concerns that the project fencing address privacy and drainage concems of the
adjacent townhome development to the north. The previous conditions of approval
required approval of a fencing plan and agrading/drainage plan to address this
concerns.
City Council Report -November 18, 2008
Planned Development Permit/Tentative Subdivision Map -Extension /Reinstatement
PLN2008-129 511-555 W. Campbell Avenue
Page 3
ANALYSIS
General Plan and Zone Changes: There have been no changes in the General Plan or
the Zoning in this neighborhood that would impact this project since the previous
approval.
General Plan Designation: The General Plan land use designation for the project site is
Low-Medium Density Residential {6-13 units per gross acre}. The proposed project
would be developed at a density of 9.4 units per gross acre, which is within the density
range allowed for the site.
The proposed project complies with the following General Plan Land Use Element
policies and strategies:
Land Use:
Policy LUT-3.1: Variety of Residential Densities: Provide land use
categories for and maintenance of a variety of residential densities to offer
existing and future residents of all income levels, age groups and special
needs sufficient opportunities and choices for locating in Campbell.
Policy LUT-5.1: Neighborhood Inte rite: 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.
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.
Strategy LUT-7.2n: Consistency With Plans: Ensure that new
development and substantial remodeling projects are consistent with
Specific Plans, Area Plans, City Standard Details, and adopted
Streetscape Standards to create a cohesive design.
Strategy LUT-9.3e: Building Materials: Encourage the use of long-lasting,
high quality building materials on all buildings to ensure the long-term
quality of the built environment.
City Council Report -November 18, 2008
Planned Development Permit/Tentative Subdivision Map -Extension /Reinstatement
PLN2008-129 511-555 W. Campbell Avenue
Page 4
Strategy LUT-17.1 b: Landscaping: Ensure that new developments provide
new tree plantings, shrubs, greenery and other landscaping materials, and
preserve existing trees and shrubs.
Strategy LUT-7.2g: Landscaped and Tree Lined Streets: Provide
attractive, user friendly, tree-lined streets and install creative landscaping
in street improvement projects, where feasible.
Strategy LUT-11.1d: Bicycle and Pedestrian Connections in Development:
Encourage new or redeveloping projects to provide logical bicycle and
pedestrian connections on site, between parking areas, buildings, and
street sidewalks and to existing or planned public right-of-way facilities
and encourage pedestrian passages between street-front sidewalks and
rear-lot parking areas. Ensure that the bicycle and pedestrian
connections interface safely.
Strategy LUT-12.1 b: Driveways: Ensure that driveways are a sufficient
distance from intersections.
Policy LUT-3.1: Variety of Residential Densities: Provide land use
categories for and maintenance of a variety of residential densities to offer
existing and future residents of all income levels, age groups and special
needs sufficient opportunities and choices for locating in Campbell.
Housing Element:
Goal H-3: Encourage the provision of housing affordable to a variety of
household income levels.
Policy H-3.1: Housing Develapment: Support the development of additions(
affordable housing by non-profit and for-profit developers through financial
assistance and/or regulatory incentives.
Affordability Housing Component: The original project proposed the construction of 40
below market rate units consistent with the Disposition and Development and Loan
Agreement that was approved by the Redevelopment Agency Board and City Council.
This agreement has been revised to require 24 below market rate and 16 market rate
residential units consistent with a revised Disposition and Development and Loan
Agreement. The revised agreement was approved by the Redevelopment Agency
Board due to changing market conditions since the original project approval.
City Council Report -November 18, 2008
Planned Development Permit/Tentative Subdivision Map -Extension /Reinstatement
PLN2008-129 511-555 W. Campbell Avenue
Page 5
Zonin Desi nation: The zoning of the project site is P-D. With approval of a
Reinstatement of the Planned Development Permit, the proposed project will be
consistent with the P-D Zoning District.
Subdivision Design: The applicant is requesting approval of a Reinstatement of
Approval for a Tentative Subdivision Map to subdivide the property into forty-four lot
consistent with the Planned Development Permit.
FISCAL IMPACTS
The applicant has submitted an application fee of $2,270 for the Reinstatement/
Extension and will submit an as yet undetermined Building Permit fee for building
permits and Park Dedication/Impact fees that will be payable at the time of map
recordation and building occupancy/final.
ALTERNATIVES
1. Deny the request fo extend the Planned Development Permit approval and
Tentative Map approval.
2. Continue for further review and direct the Community Development Department to
provide additional information.
Attachments:
1. Draft City Council Ordinance extending the Project Planned Development Approval.
2. Draft City Council Resolution approving the Tentative Subdivision Map.
3. Prior City Council Ordinance No. 2064 (PD) and Resolution No. 10585 (TS)
4. Planning Commission Resolutions and Minutes -October 28, 2008
5. Planning Commission Staff Report
6. Project Plans (Site Plan, Floor Plans, Elevations, Tentative Subdivision Map & Grading and
Drainage Plan, Landscaping Plan)
7. Letter of request from applicant regarding reinstatement, dated August 22, 2008
8. Location Map
l ++++
Prepared by: °""' t~-F~/
Tim Haley, Senior Planner
Approved by: '
Jackie C. Yo ng, Acti g Community Development Director
<.
Approved by:
Daniel Rich, City Manager