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Planned Development - 2000 0<::' . CAI11 . ~6' ;:; ~ Ù ,~ CAMPBELL -' ... '5- .... ". ,-,' 'ORCHJ\IlO' ---------- c: 0 CITY OF CAMPBELL Community Development Department November 4, 2002 Stephen Cusella 871 Apricot Avenue Campbell, CA 95008 Subject: Covenants, Codes and Restrictions Comments for BLD 2002-733 to -736 861-867 Apricot Avenue Dear Mr. Cusella, The Planning Division, Public Works Department, and City Attorney have reviewed your revised Covenants, Codes and Restrictions for four townhomes at 861-867 Apricot Avenue. City staff had the following comments: . Section 1.05: Assuming that Lot 5 contains all of the common areas, this definition is fine. Otherwise, it needs to describe the other common areas. . Section 1.09: This section does not seem applicable to this project, as there does not appear to be any "exclusive use" common areas (or at least they are not set forth in the CC & Rs). However, will the front yard of unit A (facing Apricot Avenue) be an exclusive use area? It appears designed to function as one. . Section 3.01: Add at the beginning of the section: There shall at all times be an Association. . Section 5.01 (I): Add: The interior garage space shall be available for the parking of two (2) vehicles (measuring twenty feet (20') wide and twenty feet (20') deep) at all times. . Add a maintenance obligation section for the drainage system (i.e. fossil filters). Please forward these comments to your attorney. Do not hesitate to contact me at (408) 866-2193 if you have any questions about these comments. Sincerely, ])ax- «j ~ Darcy Smith Planner II Cc: Geoff Bradley, Senior Planner Frank Mills, Senior Building Inspector Bo Chen, Assistant Land Development Engineer 70 North First Street. Campbell, California 95008-1436 . TEL 408.866.2140 . FAX 408.871.5140 . TOO 408.866.2790 0<::' . CAI11 . ~6' ;:; ~ - 'r" U . r' ..>. :.. '5- .... ". ,-,' 'ORCH""O' CITY OF CAMPBELL Community Development Department - Current Planning October 21, 2002 Stephen Cusella 871 Apricot Avenue Campbell, CA 95008 Subject: Covenants, Codes and Restrictions Comments for BLD 2002-733 to -736 861-867 Apricot Avenue Dear Mr. Cusella, The Planning Division and City Attorney have reviewed your proposed Covenants, Codes and Restrictions for four townhomes at 861-867 Apricot Avenue. The Covenants, Codes and Restrictions do not provide for the: . Creation of a homeowner's association; . Any meaningful architectural controls; . A definition of the common areas; and . A funding mechanism for maintenance of the common areas. In addition, Section 1 should include a sentence that the interior garage space shall be made available for the parking of two (2) vehicles (measuring 20 feet wide and 20 feet deep) at all times. The Condition of Approval requiring the CC&Rs is as follows: 1. Covenants, Codes and Restrictions (CC&Rs): The applicant shall be required to submit for review and approval by the City Attorney and Community Development Director a copy of the CC&Rs which shall include the following: a. Formation of a homeowner's association to ensure the long-term maintenance of buildings and properties. 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, including the driveway. d. Provision of a funding mechanism to ensure maintenance and upkeep of common areas and shared building walls and roofs to be repaired, repainted, and/or replaced as necessary. e. Provision for the availability of interior garage space for the parking of two (2) vehicles (measuring 20 feet wide and 20 feet deep) at all times. f. Provision to prohibit use of uncovered parking spaces for outdoor storage purposes. 70 N.orth First Street. Campbell, California 95008-1436 . TEL 408.866.2140 . FAX 408.866.838 . TOO 408.866.2790 CC&R Comments for BLD 20.0.'2 -,3 to -736 October 21,20.0.2 861-867 h¡- ,'icot A venue Page 2 of 2 Please forward these comments to your attorney. Do not hesitate to contact me at (408) 866-2193 if you have any questions about these comments. Sincerely, 1)Mt PI k-rh Darc; ~~i;~vl ~ Planner II Cc: Geoff Bradley, Senior Planner Frank Mills, Senior Building Inspector Bo Chen, Assistant Land Development Engineer 0<::' . CA-1t,.ò j",. <S> !::: ~ u r ..>. :.. '5- "- ". ,-,' 'ORCH""'" CITY OF CAMPBELL Community Development Department - Current Planning September 25, 2002 Stephen Cusella 871 Apricot Avenue Campbell, CA 95008 Subject: Building Plan Check Comments for BLD 2002-733 to -736 861-867 Apricot Avenue Dear Mr. Cusella, The Planning Division has reviewed your Building Permit application for the development of four townhomes at 861-867 Apricot Avenue. This project was approved by the City Council on January 2,2002. Staff has reviewed the building permit plans with respect to the site and architectural plans approved by the City Council. Pursuant to the approval, the building permit plans shall substantially conform to the plans approved by the City Council. Staff noted the following changes to the building permit submittal: 1. Increase in the height of the first floor finish level from 10'-6" to 11' -7.5" and an increase in the height of the second floor finish from 18' -6" to 19'-9". 2. Replacement of two windows on the rear elevations with a single window. 3. Change in the style of the gate of the entryways to units C and D (sheet A6.4). 4. Omission of a column between the garages of units C and D. Staff cannot approve these changes to the plans because they do not substantially conform to the approved plans. Furthermore, the following Conditions of Approval of the Planned Development Permit, Tentative Parcel Map, and Tree Removal Permit for this project have not been met: 1. Landscaping: The applicant shall submit four sets of landscape and irrigation plans to the Planning Division, prior to the issuance of building permits, for review and approval by the Community Development Director for compliance with all applicable conditions of approval, ordinances, laws and regulations. a. Landscape and irrigation plans shall be consistent with the Conceptual Landscape Plan already submitted and the City's Water Efficient Landscaping Standards (WELS). b. In addition to the trees shown on the preliminary planting plan, five (5) 36-inch box trees shall be required as a replacement for the five (5) protected trees that are proposed for removal. 2. Parking and Driveways: a. All parking and driveway areas shall be developed in compliance with Chapter 21.50 of the Campbell Municipal Code. b. The applicant shall provide colored stamped concrete within the driveway and uncovered parking spaces. The design and to be used for the colored stamped concrete shall be reviewed 70 North First Street. Campbell, California 95008-1436 . TEL 408.866.2140 . FAX 408.866.8381 . TOO 408.866.2790 Building Plan Check CommentsJor BLD 20.0.2-733 to -736 September 25, 2002 861-867 Apricot Avenue Page 2 of 2 and approved by the Community Development Director prior to issuance of building permits for the project. 3. Covenants, Codes and Restrictions (CC&Rs): The applicant shall be required to submit for review and approval by the City Attorney and Community Development Director a copy of the CC&Rs which shall include the following: a. Formation of a homeowner's association to ensure the long-term maintenance of buildings and properties. 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, including the driveway. d. Provision of a funding mechanism to ensure maintenance and upkeep of common areas and shared building walls and roofs to be repaired, repainted, and/or replaced as necessary. e. Provision for the availability of interior garage space for the parking of two (2) vehicles (measuring 20 feet wide and 20 feet deep) at all times. f. Provision to prohibit use of uncovered parking spaces for outdoor storage purposes. 4. Park Impact Fee: A park impact fee of $6,615 per unit is due upon development of the site. Credit in the amount of $10,990 will be given for the existing single-family residence. Prior to recordation of the final parcel map, 75% of this fee is due. The remaining 25% is due prior to issuance of a certificate of building occupancy. 5. Fences: Any newly proposed fencing shall comply with Section 21.59.090 of the Campbell Municipal Code and shall substantially comply with the fence detail dated September 27, 2001 provided on the Woodwork and Landscape Paving Plan; however, the maximum height of fencing within fifteen feet from the front property line is 42 inches. The Woodwork and Landscape Paving Plan shall reflect the new front property line after the required street right-of-way dedication. 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. On-site Fire Hydrant: Applicant shall pursue location of the required fire hydrant on private property (within approximately ten feet of the street) within the planting strip on the eastern property line. Decorative bollards shall be installed to prevent damage to the fire hydrant. Design of the bollards shall be subject to review and approval by the Community Development Director. 8. Replacement of Removed Tree: Five (5) 36-inch box size trees shall be required as a replacement for the five (5) trees to be removed at 861 Apricot Avenue. The location and species of this tree shall be shown on the detailed landscape and irrigation plans that shall be submitted to the Planning Division, prior to the issuance of building permits, for review and approval by the Community Development Director. The proposed replacement trees shall continue the diversity of tree species found in the community and shall be a species listed in the City's Water Efficient Landscaping Standards (WELS). Building Plan Check Comments Jur BLD 20.0.2-733 to -736 September 25, 200.2 861-867 Apricot Avenue Page 3 of 3 Please note that the Planned Development Permit, Tentative Parcel Map, and Tree Removal Permit approval will expire and be void on January 2. 2003 unless a building permit is obtained prior to that date. If the approvals expire, the project must be considered by the Planning Commission and City Council again. There is no guarantee that the project as currently presented will be approved again because of proposed changes to the City's Zoning Code that will change development standards for townhomes. Your project will be subject to all current codes in place at the time you apply for a reinstatement. Please do not hesitate to contact me at (408) 866-2193 if you have any questions about these building permit plan check comments. Sincerely, ytt./( a~\L Darcy Smith Planner n Cc: Geoff Bradley, Senior Planner Frank Mills, Senior Building Inspector Bo Chen, Assistant Land Development Engineer '/ MEMORANDUM To: Darcy Smith PI~nnt(r II, Community Development Department '" \ ~y ems ley vel ty City Clerk \./ January 17, 2002 From: Date: Subject: Zone Change (PLN 2000-45) - 861 Apricot A venue At the regular meeting of January 15, 2002, the City Council gave second reading to Ordinance No. 2018 approving a Zone Change (PLN 2000-45) from R-3-S (Multiple Family Residential) to PD (Planned Development) for property located at 861 Apricot Avenue. A certified copy of this Ordinance is attached for your records, together with a copy of the follow-up letter transmitted to the applicant, Mr. Stephen Cusella. Ordinance 2018 will be published in the Campbell Express dated January 23, 2002. 0 \'. C"<it Å,~~' þ~~ ... t'" U f"" . . .. .. -s. '" ~. ~' °.tCHA"~' CITY OF CAMPBELL City Clerk's Office January 17,2002 Mr. Stephen Cusella Apricot Development Ltd., 871 Apricot Avenue Campbell, CA 95008 Dear Mr. Cusella: At the regular meeting of January 15, 2002, the City Council adopted Ordinance No. 2018 approving a Zone Change (pLN 2000-45) from R-3-S (Multiple Family Residential) to PD (Planned Development) for property located at 861 Apricot Avenue. A certified copy of this Ordinance is attached for your records. . Please be advised that the Ordinance becomes effective 30 days from the date of adoption. Should you have any questions in regard to the City Council's action, please do not hesitate to contact this office (866-2117) or Darcy Smith, Planner IT, Community Development Department. Sincerely, ~l /~ nne ~~ee City Clerk Enc. Cc. Darcy Smith, Planner IT 70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2117 . FAX 408.374.6889 . roD 408.866.2790 ORDINANCE NO. 2018 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AMENDING THE ZONING MAP FOR PROPERTY LOCATED AT 861 APRICOT AVENUE AS SHOWN ON THE ATTACHED EXHIBIT A. APPLICATION OF MR. STEPHEN CUSELLA. FILE NO. PLN2000-45 (ZC). The City Council of the City of Campbell does ordain as follows: SECTION ONE: That the Zoning Map of the City of Campbell is hereby changed and amended by adopting the attached Exhibit A, entitled Map of Said Property, as per the application of Mr. Stephen Cusella, for approval of a Zone Change for property located at 861 Apricot Avenue, from R-3-S (Multiple Family Residential) to P-D (planned Development). SECTION TWO: This ordinance shall become effective thirty (30) days following its passage and adoption shall be published once 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, State of California. PASSED AND ADOPTED this 15th day of vote: January , 2002, by the following role call AYES: COUNCILMEMBERS: Dean, Burr, Kennedy, Furtado, Watson NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None ATTEST: ~ APPROVED: ~~ Áeanette Watson, Mayor :.G J\ TRUe ",' \It: OtllGl!IIÀL MEMORANDUM RJ:C£IV/£ .}AN 0 1) Clry ~ 2002 Þ, OF CA 'LANNING M.DP8£LL '£Pr . To: From: Date: Subject: Zone Change (PLN 2000-45); PD Permit (PLN 2000-46); Tree Removal Permit (PLN 2001-118) and Tentative Parcel Map (PLN 2001-81) - 861 Apricot A venue - Mr. Stephen Cusella At the regular meeting of January 2, 2002, the City Council held a public hearing to consider the application of Mr. Stephen Cusella for approval of a Zone Change (PLN 2000-45) from a R-3-S (Multiple Family Residential) to P-D (Planned Development) zoning district; approval of a Planned Development Permit (PLN 2000-46) to allow the construction of four townhomes; approval of a Tree Removal Permit (PLN 2001-118) to allow the removal of five trees; and approval of a Tentative Parcel Map (PLN 2001- 81) to create four residential parcels and one common lot for access on property located at 861 Apricot Avenue. Following due discussion and consideration, the City Council took the following action: 1. Gave first reading to Ordinance No. 2018 approving a Zone Change from R-3-S to PD for the subject property; 2. Adopted Resolution No. 9965 approving a Planned Development Permit to allow the construction of four townhomes on the subject property, incorporating findings and subject to the Conditions of Approval; 3. Adopted Resolution 9966 approving a Tree Removal Permit to allow the removal of five trees on the subject property, incorporating findings and subject to the Conditions of Approval; and 4. Adopted Resolution 9967 approving a Tentative Parcel Map to create four residential parcels and one common lot for access on the subject property, incorporating findings and subject to the Conditions of Approval. Continued. . . Page 2 Please find attached certified copy of the three adopted Resolutions together with a copy of the letter sent to the applicant in follow-up to the City Council's action. A certified copy of Ordinance No. 2018 will be forwarded to you after the Ordinance receives second reading at the regular City Council meeting of January 15, 2002. 0 f . c"t A. ~4.~' '"fþ~~ ... t'" U t'"' . . ..>. .. <$0 ... ~. <0' O~CHA"'" CITY OF CAMPBELL City Clerk's Office January 3, 2002 Mr. Steven Cusella Apricot Development Ltd., 871 Apricot Avenue Campbell, CA 95008 Dear Mr. Cusella: At the regular meeting of January 2, 2002, the City Council held a public hearing to consider your application for approval of a Zone Change (PLN 2000-45) from a R-3-S (Multiple Family Residential) to P-D (planned Development) zoning district, approval of a Planned Development Permit (PLN 2000-46) to allow the construction of four townhomes, approval of a Tree Removal Permit (PLN 2001-118) to allow the removal of five trees and approval of a Tentative Parcel Map (PLN 2001-81) to create four residential parcels and one common lot for access on property located at 861 Apricot Avenue After public testimony, and City Council discussion, the Council took the following action: 1. Gave first reading to Ordinance No. 2018 approving a Zone Change (PLN 2000-45) from R-3-S (Multiple Family Residential to P-D (Planned Development). Second reading will be given to this Ordinance at the regularly scheduled meeting of January 15, 2002. Please be aware that a certified copy of the Ordinance will be forwarded to you at that time; and 2. Adopted Resolution No. 9965 approving a Planned Development Permit (PLN 2000- 46) to allow the construction of four townhomes on the subject property, incorporating [IDdings and subject to the Conditions of Approval; and 3. Adopted Resolution No. 9966 approving a Tree Removal Permit (PLN 2001-118) to allow the removal of five trees on the subject property, incorporating findings and subject to the Conditions of Approval; and 70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2117 . FAX 408.374.6889 . TOO 408.866.2790 Continued. . . Page 2 4. Adopted Resolution No. 9967 approving a Tentative Parcel Map (PLN 2001-81) to allow the creation of four residential parcels and a common lot for access on the subject property, incorporating findings and subject to the Conditions of Approval. A certified copy of Resolution No. 9965, Resolution No. 9966 and Resolution No. 9967 is enclosed for your records. Please do not hesitate to contact this office (866-2117) or Darcy Smith, Planner II, should you have any questions in regard to the City Council's action. Sincerely, ~u~ Anne Bybee City Clerk Enc. cc. Darcy Smith, Planner II, Community Development Dept. RESOLUTION NO. 9966 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL GRANTING A TREE REMOVAL PERMIT (PLN2001-1l8) TO REMOVE FIVE TREES ON PROPERTY LOCATED AT 861 APRICOT AVENUE IN AN R-3-S (MULTIPLE FAMILY RESIDENTIAL) ZONING DISTRICT. APPLICATION OF MR. STEPHEN J. CUSELLA. FILE NO. PLN2001-118. 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 did find as follows with respect to application PLN2001-118: I. The proposed Tree Removal Permit is consistent with the Planned Development Zoning Ordinance and the General Plan High Density Residential land use designation. 2. The proposed tree replacement requirement of five 36-inch box size trees is consistent with the requirements of the Tree Protection Ordinance. 3. The proposed replacement trees will be a sufficient replacement for the trees to be removed and will continue the diversity of tree species found in the community. 4. The size and location of the Deodar Cedar and Blue Spruce trees in the center of the project site would preclude redevelopment of the site if the trees were to be required to remain. The health of the trees and the structural integrity would be significantly compromised if constructed occurred around the trees due to the severity of root pruning and soil compaction required to facilitate redevelopment. 5. A Certified Arborist has deemed the Red Cedar tree a fire hazard. 6. The Alder tree is predominantly dead based on an analysis by a Certified Arborist. 7. The Box Elder tree has been determined to have structural decay and a visible conk according to a Certified Arborist. Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1. The retention of the Deodar Cedar and Blue Spruce trees restricts the economic enjoyment of the property or creates an unusual hardship for the property owner by severely limiting the use of the property in a manner not typically experienced by owners of similarly zoned and situated properties, and the applicant has demonstrated to the satisfaction of the Planning Commission that there are no reasonable alternatives to preserve the trees. 2. The Red Cedar tree can potentially cause substantial damage to the proposed residential buildings, and the applicant has demonstrated to the satisfaction of the Planning Commission that this potential damage cannot be controlled or remedied through reasonable relocation or modification of the structure or utility services. 3. The Alder and Box Elder trees present a danger of falling, and the applicant has demonstrated to the satisfaction of the Planning Commission that this danger cannot be controlled or remedied through reasonable preservation and/or preventative procedures and practices such that the public health and safety requires its removal. City Council Resolution PLN200 1-118 - 861 Apricot Avenue - Tree Removal Permit Page 2 4. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. The applicant is hereby notified, as part of this application, that (s)he is required to meet the following conditions in accordance with the ordinances of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. 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 items under review. Additionally, the applicant is hereby notified that (s)he 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 Permit: Approval is granted for a Tree Removal Permit (PLN 2001-118) to allow the removal of one Deodar Cedar tree, one Blue Spruce tree, one Red Cedar tree, one Alder Tree and one Box Elder tree at 861 Apricot Avenue. This permit shall only be valid in conjunction with an approved Planned Development Permit (PLN2000-46). 2. Replacement of Removed Tree: Five 36-inch box size trees shall be required as a replacement for the five trees to be removed at 861 Apricot Avenue. The location and species of this tree shall be shown on the detailed landscape and irrigation plans that shall be submitted to the Planning Division, prior to the issuance of building permits, for review and approval by the Community Development Director. The proposed replacement trees shall continue the diversity of tree species found in the community and shall be a species listed in the City's Water Efficient Landscaping Guidelines (WELS). PASSED AND ADOPTED this 2nd day of January, 2002, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Dean, Burr, Kennedy, Furtado, Watson None None None APPROVED: ~.."-- J eæfutte Watson, Mayor ATTEST: ~~ . ,q-'-" :" IS A fRUi' ¡'HE FORe,,')' 4G I~"^ . - IHAl AND CORR'éCT cop' ,.:,. I HE ORIG 0/11 FILE IN THin C'.HC,: " Y ^. ~ CITY Pi Sf: A~\NE "Y".EE. CIT ",-,""no 0 AMPBELL, Ci\LlFORNIA (jJ~ ~ Anne Bybee, City Clerk RESOLUTION NO. 9967 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A TENT A TNE PARCEL MAP (PLN2001-81) TO ALLOW THE CREATION OF FIVE LOTS ON PROPERTY LOCATED AT 861 APRICOT AVENUE IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. STEPHEN CUSELLA. FILE NO. PLN2001- 81. 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 did find as follows with respect to application PLN200 1-81: 1. The proposed creation of four residential parcels and one common access parcel is consistent with the General Plan. 2. The proposed Parcel Map is consistent with the Planned Development Zoning Ordinance. 3. The provisions of the CC&Rs are necessary to ensure the long-term maintenance of the common driveway and associated landscaping. 4. The tentative parcel map has been distributed to local agencies, including Pacific Gas and Electric, AT&T Broadband, 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 parcels. Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1. The proposed tentative parcel map is consistent with the General Plan. 2. The proposed tentative parcel 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 parcel map provides, to the extent feasible, for future passive or natural heating and cooling opportunities. 4. The development and uses would 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. City Council Resolution PLN2001-81 - 861 Apricot Avenue - Tentative Parcel Map Page 2 The applicant is hereby notified, as part of this application, that (s)he is required to meet the following conditions. in accordance with the ordinances of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. 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 items under review. Additionally, the applicant is hereby notified that (s)he 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 Plannin2: Division 1. Approved Project: Approval is granted for a Tentative Parcel Map to create four (4) residential parcels and a common lot for access. The Tentative Parcel Map shall substantially conform to the Tentative Parcel Map prepared by Kirkeby Engineering submitted on September 27,2001. 2. Covenants, Codes and Restrictions (CC&Rs): The applicant shall be required to submit for review and approval by the City Attorney and Community Development Director a copy of the CC&Rs which shall include the following: a. Formation of a homeowner's association to ensure the long-term maintenance of buildings and properties. 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, including the driveway. d. Provision of a funding mechanism to ensure maintenance and upkeep of common areas and shared building walls and roofs to be repaired, repainted, and/or replaced as necessary. e. Provision for the availability of interior garage space for the parking of two (2) vehicles (measuring 20 feet wide and 20 feet deep) at all times. f. Provision to prohibit use of uncovered parking spaces for outdoor storage purposes. 3. Park Impact Fee: A park impact fee of $6,615 per unit is due upon development of the site. Credit in the amount of $10,990 will be given for the existing single-family residence. Prior to recordation of the final parcel map, 75% of this fee is due. The remaining 25% is due prior to issuance of a certificate of building occupancy. 4. Property Maintenance: The property is to be maintained free of any combustible trash, debris and weeds until the time that actual construction commences. All existing structures shall be secured by having windows boarded up and doors sealed shut, or be demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). City Council Resolution PLN2001-81 - 861 Apricot Avenue - Tentative Parcel Map Page 3 PUBLIC WORKS DEPARTMENT 5. Final Parcel Map: Prior to issuance of any grading or building permits for the project, the applicant shall submit a Final Parcel Map for review by the City and recordation, upon approval by the City Council. The CUlTent plan check fee is $1,215.00 plus $25 per lot. 6. Preliminary Title Report: Prior to recordation of the Final Parcel Map, the applicant shall provide a current Preliminary Title Report. 7. Right-of-Way for Public Street Purposes: Upon recordation of the Final Parcel Map, the applicant shall cause additional Right-of-Way to be granted for Public Street Purposes along the Apricot A venue ftontage to accommodate a thirty (30) foot half street. 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. Public Service Easement: Upon recordation of the Final Parcel Map, the applicant shall grant a ten (10) foot Public Service Easement on private property contiguous with the public right-of-way along the Apricot 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. 9. Easements: Upon recordation of the Final Parcel Map, the applicant shall cause Easements to be recorded for private utilities, private storm drains, reciprocal ingress and egress, etc. 10. Monumentation for Final Parcel Map: Prior to recordation of the Final Parcel Map, the applicant shall provide security guaranteeing the cost of setting all Monuments shown on the map, as determined by the City Engineer. 11. Street Improvements: Prior recordation of the Final Parcel Map, the applicant shall execute a street improvement agreement and shall cause plans for public Street Improvements to be prepared by a registered civil engineer, pay fees, 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 in accordance with all applicable conditions of approval, ordinances, laws and regulations and accepted engineering practices. The fee for a non-utility encroachment permit is $245.00. The plans shall include the following: a. Removal ofthe existing curb, gutter, sidewalk and driveway approach. b. Construction of new curb, gutter, sidewalk and ADA compliant driveway approach. c. Construction of irrigation and installation of two (2) 15 gallon London Plane (Platanus acerfolia 'Yarwood') street trees at approximately 30 feet on center. d. Installation of traffic control signing and striping as necessary. e. Installation of landscaping, fencing, pavement, and irrigation within the newly dedicated public street right-of-way. f. Construction of conforms to existing public and private improvements, as necessary. 12. Water Meter(s) and Sewer qeanout(s): Existing and proposed Water Meter(s) and Sewer Cleanout(s) shall be installed on private property behind the public right-of-way line. 13. Utilities: All new on-site Utilities shall be installed underground per Section 20.36.150 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. City Council Resolution PLN200 1-81 - 861 Apricot Avenue - Tentative Parcel Map Page 4 14. Utility Installation Plan: Prior to issuance of building pennits for the site, the applicant shall submit a Utility Installation Coordination Plan and Schedule for approval by the City Engineer for installation of street improvements and/or abandonment of all utilities. Streets which have been resurfaced within the previous 5 years will require boring and jacking for all new utility installations. Applicant shall also prepare pavement restoration plans for approval by the City Engineer prior to any utility installation or abandonment. 15. 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 10 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. 16. Storm Drain Area Fee: Prior to recordation of the Final Parcel Map, the applicant shall pay the required Storm Drain Area fee of $2,250/acre. 17. Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permitting requirements and the California Storm Water Best Management Practices handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley Water District and the City of Campbell Municipal Code regarding Storm Water Pollution Prevention. 18. Covenants, Conditions, and Restrictions: Provide copies of CC&Rs for review by the City Public Works Department prior to recordation of the Final Parcel Map. 19. Demolition: Prior to recording of the Final Parcel Map the applicant shall obtain a Demolition permit to remove any nonconforming structures. 20. Site Plan: The applicant shall provide a complete and accurate Site Plan in accordance with the Planning Division's checklist. PASSED AND ADOPTED this ~ day of January, 2002, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Dean, Burr, Kennedy, Furtado, Watson None None None APPROVED: ~W.,f- J~ette Watson, Mayor ATTEST: ~ Anne Bybee, City Clerk ,,'-'< ("~\I! fORVK""("¡ '~,.. AND CORR£C"T c,..'.,. 0 FILE IN 1H,," -"- ," CLERI'.. CITY "";'~ ~~;;';;:;~ / ~'tJ ~ C\.Jt- ,-,¡: OR\GINA. RESOLUTION NO. BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A PLANNED DEVELOPMENT PERMIT (PLN2000-46) TO ALLOW THE CONSTRUCTION OF FOUR NEW TOWNHOMES ON PROPERTY LOCATED AT 861 APRICOT AVENUE IN A P-D (pLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. STEPHEN CUSELLA. FILE NO. PLN2000-46. 9965 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 did find as follows with respect to application PLN2000-46: 1. The proposed density of 13.8 units per gross acre is less than the density allowance of21-27 units per gross acre permitted in the High Density Residential General Plan land use designation. 2. The proposed project is consistent with the General Plan. 3. The proposed project is consistent with the Planned Development Zoning Ordinance. 4. The site plan proposes the construction of four (4) townhomes each on individual lots. All of the residences take vehicular access by a 20-foot wide two-way colored stamped concrete common driveway running along the eastern property line. The front yard will be landscaped and a picket fence will screen the front parking space. Each of the units has a private rear yard with a depth ranging from five feet to ten feet. Proposed landscaping will occupy approximately 20.3% of the project site. 5. The project provides 14 on-site parking spaces. 6. The completed project would consist of four (4) new townhomes covering 45% of the lot with building, 34.7 % with paving, and 20.3% with landscaping. 7. The project will have a floor area ratio of .78. 8. The proposed project is surrounded by other residential uses, with residential condominiums to the north and south, townhomes to the east, and a single-family residence to the west. 9. The proposed massing and design is consistent with other developments in the surrounding area Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1. 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. City Council Resolution PLN2000-46 - 861 Apricot Avenue - Planned Development Pennit (4 Townhomes) Page 2 2. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 3. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. The applicant is hereby notified, as part of this application, that (s)he is required to meet the following conditions in accordance with the ordinances of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. 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 items under review. Additionally, the applicant is hereby notified that (s)he 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 Planniß!! Division 1. Approved Project: Approval is granted to construct four (4) townhomes. The building designs and site design shall substantially conform to the project exhibits listed below, except as may be modified by the Conditions of Approval herein: a. Set of plans prepared by Bill Gould Design received on September 27, 2001, including building elevations, site plan, and a conceptual planting plan. b. Color elevations and materials board submitted by Bill Gould Design on September 27, 2001. c. Tentative Parcel Map prepared by Kirkeby Engineering submitted on September 27, 2001. d. The Planned Development Permit approval shall expire and be void one year from the date of final approval unless a building pennit is obtained. Construction must be completed one year thereafter or the Planned Development Permit shall be void. 2. Landscaping: The applicant shall submit four sets of landscape and irrigation plans to the Planning Division, prior to the issuance of building permits, for review and approval by the Community Development Director for compliance with all applicable conditions of approval, ordinances, laws and regulations. a. Landscape and irrigation plans shall be consistent with the Conceptual Landscape Plan already submitted and the City's Water Efficient Landscaping Guidelines (WELS). b. In addition to the trees shown on the preliminary planting plan, five (5) 36-inch box trees shall be required as a replacement for the five (5) protected trees that are proposed for removal. City Council Resolution PLN2000-46 - 861 Apricot Avenue - Planned Development Permit (4 Townhomes) Page 3 3. Parking and Driveways: a. All parking and driveway areas shall be developed in compliance with Chapter 21.50 of the Campbell Municipal Code. b. The applicant shall provide colored stamped concrete within the driveway and uncovered parking spaces. The design and to be used for the colored stamped concrete shall be reviewed and approved by the Community Development Director prior to issuance of building permits for the project. c. The width of the two uncovered parking spaces just south of Unit C shall be widened from 8 feet to 9 feet. 4. Covenants, Codes and Restrictions (CC&Rs): The applicant shall be required to submit for review and approval by the City Attorney and Community Development Director a copy of the CC&Rs which shall include the following: a. Formation of a homeowner's association to ensure the long-term maintenance of buildings and properties. 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, including the driveway. d. Provision of a funding mechanism to ensure maintenance and upkeep of common areas and shared building walls and roofs to be repaired, repainted, and/or replaced as necessary. e. Provision for the availability of interior garage space for the parking of two vehicles (measuring 20 feet wide and 20 feet deep) at all times. f. Provision to prohibit use of uncovered parking spaces for outdoor storage purposes. 5. Park Impact Fee: A park impact fee of$6,615 per unit is due upon development of the site. Credit in the amount of $10,990 will be given for the existing single-family residence. Prior to recordation of the final parcel map, 75% of this fee is due. The remaining 25% is due prior to issuance of a certificate of building occupancy. 6. Fences: Any newly proposed fencing shall comply with Section 21.59.090 of the Campbell Municipal Code and shall substantially comply with the fence detail dated September 27, 2001 provided on the Woodwork and Landscape Paving Plan; however, the maximum height of fencing within fifteen feet fTom the fTont property line is 42 inches. The Woodwork and Landscape Paving Plan shall reflect the new fTont property line after the required street right- of-way dedication. 7. Property Maintenance: The property is to be maintained free of any combustible trash, debris and weeds until the time that actual construction commences. All existing structures shall be secured by having windows boarded up and doors sealed shut, or be demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). 8. Utility Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to installation of PG&E utility (transformer) boxes and San Jose Water Company back-flow City Council Resolution PLN2000-46 - 861 Apricot Avenue - Planned Development Pennit (4 Townhomes) Page 4 preventers, indicating the location of the boxes and screening (if the boxes are above ground) for approval by the Community Development Director. 9. 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 wiih the residential development and shall incorporate energy saving features. 10. On-site Fire Hydrant: Applicant shall pursue location of the required fire hydrant on private property (within approximately ten feet of the street) within the planting strip on the eastern property line. Decorative bollards shall be installed to prevent damage to the fire hydrant. Design of the bollards shall be subject to review and approval by the Community Development Director. Buildinl! Division: II. Permits Required: A building permit application shall be required for each proposed new structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 12. 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. 13. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 14. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 15. 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. 16. Site Plan: 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. 17. 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 wall 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) City Council Resolution PLN2000-46 - 861 Apricot Avenue - Planned Development Pennit (4 Townhomes) Page 5 a. foundation comer locations 18. Title 24 Energy Compliance: California Title 24 Energy Compliance forms CF-IR and MF- 1R shall be blue-lined on the construction plans. 8Y2 X II calculations shall be submitted as well. 19. Special Inspections: When a special inspection is required by V.B.C. Section 1701, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permits, in accordance with UB.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 20. Water Pollution: 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" X 36") is available at the Building Division service counter. 21. 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) ii) iii) iv) Campbell Union School District (378-3405) Campbell Union High School District (371-0960) Moreland School District (379-1370) 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 Quality Management District (Demolitions Only) FIRE DEPARTMENT 22. Required Fire Flow: The required fire flow for this project has been calculated at 1,000 GPM at 20 psi residual pressure. The required fire flow is available from area water mains and fire hydrant(s), which are located at the required spacing. 23. Public Fire Hydrant Required: Provide one (1) public fire hydrant at a location to be determined by the Fire Department and San Jose Water Company. The hydrant shall have a minimum single flow of 1,000 GPM at 20 psi residual pressure, with spacing not to exceed 250 feet. Prior to applying for a building permit, provide civil drawings reflecting all fire hydrants serving the site. To prevent building permit delays, the developer shall pay all fees to San Jose Water Company as soon as possible. 24. 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. 25. 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 in accordance with all City Council Resolution PLN2000-46 - 861 Apricot Avenue - Planned Development Permit (4 Townhomes) Page 6 applicable conditions of approval, ordinances, laws and regulations, prior to the start of framing or delivery of bulk combustive materials. Building permit issuance may be withheld until required installations are completed, tested and accepted. 26. 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. 27. Fire Lane Marking Required: Roadways deemed necessary to facilitate emergency vehicle access, shall be identified in accordance with Fire Department Standards Details and Specification A-6 and Local Government Standards. PUBLIC WORKS DEPARTMENT 28. Final Parcel Map: Prior to issuance of any grading or building permits for the project, the applicant shall submit a Final Parcel Map for review by the City and recordation, upon approval by the City Council. The current plan check fee is $1,215.00 plus $25 per lot. 29. Preliminary Title Report: Prior to recordation of the Final Parcel Map, the applicant shall provide a current Preliminary Title Report. 30. Right-of-Way for Public Street Purposes: Upon recordation of the Final Parcel Map, the applicant shall cause additional Right-of-Way to be granted for Public Street Purposes along the Apricot A venue frontage to accommodate a thirty (30) foot half street. The applicant shall cause all documents to be prepared by a registered civil engineerlland surveyor, as necessary, for the City's review and recordation. 31. Public Service Easement: Upon recordation of the Final Parcel Map, the applicant shall grant a ten (10) foot Public Service Easement on private property contiguous with the public right-of-way along the Apricot 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. 32. Easements: Upon recordation of the Final Parcel Map, the applicant shall cause Easements to be recorded for private utilities, private storm drains, reciprocal ingress and egress, etc. 33. Monumentation for Final Parcel Map: Prior to recordation of the Final Parcel Map, the applicant shall provide security guaranteeing the cost of setting all Monuments shown on the map, as determined by the City Engineer. 34. Street Improvements: Prior recordation of the Final Parcel Map, the applicant shall execute a street improvement agreement and shall cause plans for public Street Improvements to be prepared by a registered civil engineer, pay fees, 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 in accordance with all applicable conditions of approval, ordinances, laws and regulations and accepted engineering practices. The fee for a non-utility encroachment permit is $245.00. The plans shall include the following: a. Removal of the existing curb, gutter, sidewalk and driveway approach. b. Construction of new curb, gutter, sidewalk and ADA compliant driveway approach. c. Construction of irrigation and installation of two (2) 15 gallon London Plane (Platanus acerfolia 'Yarwood') street trees at approximately 30 feet on center. City Council Resolution PLN2000-46 - 861 Apricot Avenue - Planned Development Permit (4 Townhomes) Page 7 d. Installation of traffic control signing and striping as necessary. e. Installation of landscaping, fencing, pavement, and irrigation within the newly dedicated public street right-of-way. £. Construction of conforms to existing public and private improvements, as necessary. 35. Water Meter(s) and Sewer Cleanout(s): Existing and proposed Water Meter(s) and Sewer Cleanout(s) shall be installed on private property behind the public right-of-way line. 36. Utilities: All new on-site Utilities shall be installed underground per Section 20.36.150 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. 37. Utility Installation Plan: Prior to issuance of building permits for the site, the applicant shall submit a Utility Installation Coordination Plan and Schedule for approval by the City Engineer for installation of street improvements and/or abandonment of all utilities. Streets which have been resurfaced within the previous 5 years will require boring and jacking for all new utility installations. Applicant shall also prepare pavement restoration plans for approval by the City Engineer prior to any utility installation or abandonment. 38. 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 10 year storm frequency, prepare an engineered Grading and Drainage Plan, and pay fees required to obtain necessary grading pennits. The plans shall comply with the 1998 edition of the California Building Code including Chapters 10, 11, 18,33, and Appendix Chapte¡- 33. 39. Stonn Drain Area Fee: Prior to recordation of the Final Parcel Map, the applicant shall pay the required Storm Drain Area fee of $2,250/acre. 40. Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permitting requirements and the California Storm Water Best Management Practices handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley Water District and the City of Campbell Municipal Code regarding Storm Water Pollution Prevention. 41. Covenants, Conditions, and Restrictions: Provide copies of CC&Rs for review by the City Public Works Department prior to recordation ofthe Final Parcel Map. 42. Demolition: Prior to recording of the Final Parcel Map the applicant shall obtain a Demolition permit to remove any nonconforming structures. 43. Site Plan: The applicant shall provide a complete and accurate Site Plan in accordance with the Planning Division's checklist. PASSED AND ADOPTED this 2nd day of January, 2002, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Dean, Burr, Kennedy, Furtado, Watson None None None City Council Resolution PLN2000-46 - 861 Apricot Avenue - Planned Development Permit (4 Townhomes) Page 8 APPROVED: d_dt1I J.- ~ette Watson, Mayor ATTEST: ~~ Anne Bybee, City Clerk mE F'OREGr:'fNG INSTnt':."'"NT 13 A TRUE AND CORRECT ecp'., 0,: ¡HE ORIGINAL ON LEINTH:gr:'f'";'G,.c. -t ~J ~ There were no Oral Requests. PCBLIC HEARINGS A.1\ffi INTRODUCTION OF ORDINANCES 11. Directing the Community Development Director to Proceed with Abatement of Hazardous Vegetation (Resolution/Roll Call Vote) This is the time and place for a public hearing to hear objections from any property owners regarding the proposed removal of hazardous vegetation. Community Development Director Fierro - Staff Report dated January 2, 2002. Mayor Watson declared the public hearing open and asked if anyone in the audience wished to speak. There being no one wishing to be heard, Mayor Watson closed the public hearing. :\1IS: Burr/Kennedy - that the City Council adopt Resolution 9964 directing the Community Deyelopment Director to proceed with abatement of hazardous ngetation. Motion adopted by the following roll call vote: A YES: Councilmembers: Dean, Kennedy, Burr, Furtado, Watson :\OES: Councilmembers: None 12. Application of Stephen Cusella for Approval of a Zone Change from R-3-S (\lultiple Family Residential) to PD (planned Development); a Planned Denlopment Permit to allow the construction of a four-unit townhouse development; a Tentative Subdivision Map to create five lots; and a Tree Removal Permit to remove five trees on property located at 861 Apricot A venue in an R-~-S (\lultiple Family Residential) Zoning District This is the time and place for a public hearing to consider the application of Stephen Cuse!la for; Approval of a Zone Change from R-3-S (Multiple Family Residential) to PD (Planned Development); a Planned Development Permit to allow the construction of a four-unit townhouse development; a Tentative Subdivision Map to create five lots; anJ a Tree Removal Permit to remove five trees on property located at 861 Apricot A \enue in an R-3-S (Multiple Family Residential) Zoning District. P1anner II Smith - Staff Report dated January 2, 2002. Mayor Watson declared the public hearing open and asked if anyone in the audience wished to be heard. There being no one wishing to speak, Mayor Watson closed the public hearing. 4 Minutes of 1'2/2002 City Council Meeting M/S: Kennedy/Dean - that the City Council introduce Ordinance 2018 approving a Zone Change (pLN2000-45) from R-3-S (Multiple Family Residential) to PD (Planned Development) for property located at 861 Apricot A venue for first reading; adopt Resolution 9965 approving a Planned Development Permit (PLN2000-46) to allow the construction of four new townhomes on property located at 861 Apricot A venue in a PD (planned Development) Zoning District, subject to Conditions of Approval; adopt Resolution 9966 granting a Tree Removal Permit (PLN2001-118) to remove five trees on property located at 861 Apricot Avenue in an R-3-S (Multiple Family Residential) Zoning District, subject to Conditions of Approval; and adopt Resolution 9967 approving a Tentative Parcel Map (pLN2001-81) to allow the creation of five lots on property located at 861 Apricot A venue in a PD (Planned Development) Zoning District, subject to Conditions of Approval. Motion adopted by the following roll call vote: A YES: Councilmembers: Dean, Burr, Kennedy, Furtado, Watson :\OES: Councilmembers: None The City Clerk read the title of Ordinance No. 2018. \IIS: Dean/Kennedy - that further reading of Ordinance No. 2018 be waived. \ lotion ado pted unanimously. l ~FI:\ISHED BCSINESS There were no agendized items. NE'," Bl'SI:\ESS 13. Approyal of Special Event Applications and Fee Waivers for 2002 Community Center Coordinator Ghione - Staff Report dated January 2, 2002. \1/5: Dea.n/Burr - that the City Council approve the staff recommendation to approH the special event applications for the calendar year 2002, to waive staffing costs for all events and assess an application fee, refundable deposit fee, and any equipment rental costs; and increase the limit for staff costs to $14,000 for future years. :\1otion adopted by the following roll call vote: A YES: Councilmembers: Dean, Burr, Kennedy, Furtado, Watson :\OES: Councilmembers: None 5 ~linutes of 1/2/2002 City Council Meeting ,., City 01 Campbell City Council Report ITEM NO: CATEGORY: MEETING DATE: Public Hearing January 2, 2002 TITLE Application of Mr. Stephen Cusella for approval of a Zone Change (PLN2000-45) from a R-3-S (Multiple Family Residential) to P-D (Planned Development) zoning district, approval of a Planned Development Permit (PLN2000-46) to allow the construction of four townhomes, approval of a Tree Removal Permit (PLN2001-118) to allow removal of five trees, and approval of a Tentative Parcel Map (PLN2001-81) to create four (4) residential parcels and a common lot for access on property located at 861 Apricot Avenue. CITY COUNCIL ACTION The Planning Commission recommends that the City Council take the following: 1. Take first reading of the attached ordinance approving a Zone Change (PLN2000-45) from R-3-S (Multiple Family Residential) to P-D (Planned Development); and 2. Adopt a Resolution upholding the Planning Commission's recommended approval of a Planned Development Permit (PLN2000-46) to allow the construction of four townhomes, incorporating the attached findings and subject to the attached Conditions of Approval; and 3. Adopt a Resolution upholding the Planning Commission's recommended approval of a Tree Removal Permit (PLN200 1-118) to allow the removal of five trees, incorporating the attached findings and subject to the attached Conditions of Approval; and 4. Adopt a Resolution upholding the Planning Commission's recommended approval of the Tentative Parcel Map (PLN2001-8I), incorporating the attached findings and subject to the attached conditions of approval. ENVIRONMENTAL DETERMINATION This project is categorically exempt under Section 15303 Class 3 (b) of the California Environmental Quality Act (Section et seq. of the California Public Resources Code) pertaining to New Construction of Small Structures; therefore, no environmental action is required. Class 3(b) includes duplexes and similar structures designed for not more than six dwelling units in urbanized areas. BACKGROUND The applicant is requesting approval of a approval of a Zone Change (PLN2000-45) from a R-3-S (Multiple Family Residential) to P-D (Planned Development) zoning district, approval of a Planned Development Permit (PLN2000-46) to allow the construction of four townhomes, approval of a Tree Removal Permit to allow removal of five trees, and approval of a Tentative Parcel Map to create four residential parcels and a common lot for access on property located at 861 Apricot Avenue. The subject property is located on the north side of Apricot Avenue, two parcels east of its intersection with Union Avenue. City Council Report PLN2000-45/46 and PLN200 1-81/118 - 861 Apricot Avenue Zone Change, Planned Development Permit, Tree Removal Permit and Tentative Parcel Map Page 2 The project site currently has a single-family house and detached garage, which would be demolished for this project. The Planning Commission, at its meeting of November 13, 2001, forwarded a recommendation to the City Council by a 6-0 vote (one commissioner was absent) to approve the proposed project. ANAL YSIS General Plan Designation: The General Plan land use designation for the project site is High Density Residential (21-27 units per gross acre). The proposed project will be developed at a density of 13.8 units per gross acre, which is 51 percent of the maximum permitted density for the site. Zone Change: The zoning designation for the project site is R-3-S (Multiple Family Residential). Under the R-3 zoning designation, a maximum of five (5) apartment units could be constructed on the project site, if all other development standards (i.e. open space, parking, etc.) could be met. The applicant is requesting approval of a zoning classification change from a R-3-S to a P-D zoning designation to allow for the development of four townhome units, each to be constructed on individual lots. The zone change does not affect the maximum density range allowance for the property, but does allow for the separate ownership of units as opposed to the development of multiple units on a single lot (i.e. rental apartments). Tentative Parcel Map: The applicant is requesting approval of a Tentative Parcel Map to subdivide the property into four residential lots and one common lot for an access driveway. Prior to recordation of the final Parcel Map and issuance of any building permits, the applicant shall provide draft Covenants, Conditions and Restrictions (CC&Rs) which provide for the formation of a homeowner's association to ensure the long-term maintenance of the access driveway and associated landscaping. Condition of Approval No.4 (PLN2000-46) requires that the applicant submit the draft CC&Rs for review and approval by the Community Development Director and City Attorney. Planned Development Permit: The Planned Development Permit will allow for the construction of four townbomes, incorporating the site plan and elevations as part of the P-D Permit approval. The site plan proposes the construction of four townhomes each on individual lots. All of the residences take vehicular access by a 20-foot wide colored stamped concrete common driveway running along the eastern property line. The residential unit facing Apricot Avenue is set back 15 feet 6 inches from the front property line, or 23 feet from the back of the sidewalk. The front yard would be landscaped and a picket fence will screen the front parking space. Each of the units has a private rear yard with a depth ranging from five feet to ten feet. Proposed landscaping will occupy approximately 20.3 percent of the project site. The requirement to provide for CC&Rs for the project will satisfy the City's need to ensure the proper maintenance and upkeep of the development. City Council Report PLN2000-45/46 and PLN2001-81/118 - 861 Apricot Avenue Zone Change, Planned Development Pennit, Tree Removal Pennit and Tentative Parcel Map Page 3 The site plan provides a total of 14 off-street parking spaces. Each unit has a full-size two-car garage. There are six exterior common spaces on the site. The site plan provides 3.5 spaces per unit, which meets the parking requirement. The proposed Declarations of Restrictions would restrict use of the two-car garage to the parking and storage of vehicles only. The preliminary planting plan shows the installation of five 24-inch box trees, seven IS-gallon trees and numerous shrubs along the east side of the property adjacent to the driveway, in the front yard of unit A, and near the entrances to units B, C and D. Tree Removal Permit: Five trees that are protected under the City's Tree Protection Ordinance are proposed for removal in conjunction with the proposed project. These include a Deodar Cedar (7' 2" diameter), Blue Spruce (4' diameter), Red Cedar (7' 5" diameter), Alder (2' 4" diameter), and a Box Alder (3' 2" diameter). A Certified Arborist examined the trees on the property and prepared a report that is Attachment No. 10 of the Planning Commission Staff Report. Staff finds that the Deodar Cedar and Blue Spruce restricts the economic enjoyment of the property or creates an unusual hardship for the property owner by severely limiting the use of the property in a manner not typically experienced by owners of similarly zoned and situated properties. The Red Cedar tree has been deemed a fire hazard by the Arborist and can potentially cause substantial damage to the proposed residential buildings. The Alder tree is predominantly dead based on an analysis by a Certified Arborist. The Box Elder tree has been determined to have structural decay and a visible conk and presents a danger of falling. AL TERNATIVES I. Approve the proposed project subject to additional and/or modified Conditions of Approval. 2. Deny the proposed project. 3. Continue for further review. FISCAL IMPACTS None. Attachments: I. Draft City Council Ordinance - Zoning Map Amendment 2. Draft City Council Resolution - Planned Development Permit 3. Draft City Council Resolution - Tentative Parcel Map 4. Draft City Council Resolution - Tree Removal Permit 5. Planning Commission Resolutions and Meeting Minutes 6. Planning Commission Staff Report 7. Reduced Exhibits 8. Location Map City Council Report PLN2000-45/46 and PLN2001-811118 - 861 Apricot Avenue Zone Change, Planned Development Permit, Tree Removal Permit and Tentative Parcel Map Page 4 Prepared by: Reviewed by: Approved by: ~tU'~ ~tY1d11 J Darcy Smith, Planner II ~/6~ ~r; Sharon Fierro, Community Developm~irector Bernard M. Strojny, City Manager Attachment #1 ORDINANCE NO. BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AMENDING THE ZONING MAP FOR PROPERTY LOCATED AT 861 APRICOT AVENUE AS SHOWN ON THE ATTACHED EXHffiIT A. APPLICATION OF MR. STEPHEN CUSELLA. FILE NO. PLN2000-45 (ZC). The City Council of the City of Campbell does ordain as follows: SECTION ONE: That the Zoning Map of the City of Campbell is hereby changed and amended by adopting the attached Exhibit A, entitled Map of Said Property, as per the application of Mr. Stephen CuseIJa, for approval of a Zone Change for property located at 861 Apricot Avenue, from R-3-S (Multiple Family Residential) to P-D (Planned Development). SECTION TWO: This ordinance shall become effective thirty (30) days following its passage and adoption shall be published once 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, State of California. PASSED AND ADOPTED this vote: day of , 2002, by the folJowing role call AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: APPROVED: Jeanette Watson, Mayor ATTEST: Anne Bybee, City Clerk Attachment #2 RESOLUTION NO. BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A PLANNED DEVELOPMENT PERMIT (pLN2000-46) TO ALLOW THE CONSTRUCTION OF FOUR NEW TOWNHOMES ON PROPERTY LOCATED AT 861 APRICOT AVENUE IN A P-D (pLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. STEPHEN CUSELLA. FILE NO. PLN2000-46. 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 did find as follows with respect to application PLN2000-46: 1. The proposed density of 13.8 units per gross acre is less than the density allowance of 21-27 units per gross acre permitted in the High Density Residential General Plan land use designation. 2. The proposed project is consistent with the General Plan. 3. The proposed project is consistent with the Planned Development Zoning Ordinance. 4. The site plan proposes the construction of four (4) townhomes each on individual lots. All of the residences take vehicular access by a 20-foot wide two-way colored stamped concrete common driveway running along the eastern property line. The front yard will be landscaped and a picket fence will screen the front parking space. Each of the units has a private rear yard with a depth ranging from five feet to ten feet. Proposed landscaping will occupy approximately 20.3% ofthe project site. 5. The project provides 14 on-site parking spaces. 6. The completed project would consist of four (4) new townhomes covering 45% of the lot with building, 34.7 % with paving, and 20.3% with landscaping. 7. The project will have a floor area ratio of .78. 8. The proposed project is surrounded by other residential uses, with residential condominiums to the north and south, townhomes to the east, and a single-family residence to the west. 9. The proposed massing and design is consistent with other developments in the surrounding area Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1. 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. City Council Resolution PLN2000-46 - 861 Apricot Avenue - Planned Development Permit (4 Townhomes) Page 2 2. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 3. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. The applicant is hereby notified, as part of this application, that (s)he is required to meet the following conditions in accordance with the ordinances of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. 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 items under review. Additionally, the applicant is hereby notified that (s)he 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 PlanniDl! Division 1. Approved Project: Approval is granted to construct four (4) townhomes. The building designs and site design shall substantially conform to the project exhibits listed below, except as may be modified by the Conditions of Approval herein: a. Set of plans prepared by Bill Gould Design received on September 27, 2001, including building elevations, site plan, and a conceptual planting plan. b. Color elevations and materials board submitted by Bill Gould Design on September 27, 2001. c. Tentative Parcel Map prepared by Kirkeby Engineering submitted on September 27, 2001. d. The Planned Development Permit approval shall expire and be void one year from the date of final approval unless a building permit is obtained. Construction must be completed one year thereafter or the Planned Development Permit shall be void. 2. Landscaping: The applicant shall submit four sets of landscape and irrigation plans to the Planning Division, prior to the issuance of building permits, for review and approval by the Community Development Director for compliance with all applicable conditions of approval, ordinances, laws and regulations. a. Landscape and irrigation plans shall be consistent with the Conceptual Landscape Plan already submitted and the City's Water Efficient Landscaping Guidelines (WELS). b. In addition to the trees shown on the preliminary planting plan, five (5) 36-inch box trees shall be required as a replacement for the five (5) protected trees that are proposed for removal. City Council Resolution PLN2000-46 - 861 Apricot Avenue - Planned Development Permit (4 Townhomes) Page 3 3. Parking and Driveways: a. All parking and driveway areas shall be developed in compliance with Chapter 21.50 of the Campbell Municipal Code. b. The applicant shall provide colored stamped concrete within the driveway and uncovered parking spaces. The design and to be used for the colored stamped concrete shall be reviewed and approved by the Community Development Director prior to issuance of building permits for the project. c. The width of the two uncovered parking spaces just south of Unit C shall be widened from 8 feet to 9 feet. 4. Covenants. Codes and Restrictions (CC&Rs): The applicant shall be required to submit for review and approval by the City Attorney and Community Development Director a copy of the CC&Rs which shall include the following: a. Formation of a homeowner's association to ensure the long-term maintenance of buildings and properties. 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, including the driveway. d. Provision of a funding mechanism to ensure maintenance and upkeep of common areas and shared building walls and roofs to be repaired, repainted, and/or replaced as necessary. e. Provision for the availability of interior garage space for the parking of two vehicles (measuring 20 feet wide and 20 feet deep) at all times. f. Provision to prohibit use of uncovered parking spaces for outdoor storage purposes. 5. Park Impact Fee: A park impact fee of$6,615 per unit is due upon development of the site. Credit in the amount of $10,990 will be given for the existing single-family residence. Prior to recordation of the final parcel map, 75% of this fee is due. The remaining 25% is due prior to issuance of a certificate of building occupancy. 6. Fences: Any newly proposed fencing shall comply with Section 21.59.090 of the Campbell Municipal Code and shall substantially comply with the fence detail dated September 27, 2001 provided on the Woodwork and Landscape Paving Plan; however, the maximum height of fencing within fifteen feet from the front property line is 42 inches. The Woodwork and Landscape Paving Plan shall reflect the new front property line after the required street right- of-way dedication. 7. Property Maintenance: The property is to be maintained free of any combustible trash, debris and weeds until the time that actual construction commences. All existing structures shall be secured by having windows boarded up and doors sealed shut, or be demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). 8. Utility Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to installation of PG&E utility (transformer) boxes and San Jose Water Company back-flow City Council Resolution PLN2000-46 - 861 Apricot Avenue - Planned Development Permit (4 Townhomes) Page 4 preventers, indicating the location of the boxes and screening (if the boxes are above ground) for approval by the Community Development Director. 9. 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. 10. On-site Fire Hydrant: Applicant shall pursue location of the required fire hydrant on private property (within approximately ten feet of the street) within the planting strip on the eastern property line. Decorative bollards shall be installed to prevent damage to the fire hydrant. Design of the bollards shall be subject to review and approval by the Community Development Director. Buildine: Division: 11. Permits Required: A building permit application shall be required for each proposed new structure. The building permit shall include Electrical/PlumbinglMechanical fees when such work is part of the permit. 12. 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. 13. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 14. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 15. 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. 16. Site Plan: 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. 17. 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 wall 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) City Council Resolution PLN2000-46 - 861 Apricot Avenue - Planned Development Permit (4 Townhomes) Page 5 a. foundation corner locations 18. Title 24 Energy Compliance: California Title 24 Energy Compliance forms CF-IR and MF- lR shall be blue-lined on the construction plans. 81'2 X 11 calculations shall be submitted as well. 19. Special Inspections: When a special inspection is required by U.B.C. Section 1701, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permits, in accordance with UB.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 20. Water Pollution: 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" X 36") is available at the Building Division service counter. 21. 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) ii) iii) iv) Campbell Union School District (378-3405) Campbell Union High School District (371-0960) Moreland School District (379-1370) 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 Quality Management District (Demolitions Only) FIRE DEPARTMENT 22. Required Fire Flow: The required fire flow for this project has been calculated at 1,000 GPM at 20 psi residual pressure. The required fire flow is available from area water mains and fire hydrant(s), which are located at the required spacing. 23. Public Fire Hydrant Required: Provide one (1) public fire hydrant at a location to be determined by the Fire Department and San Jose Water Company. The hydrant shall have a minimum single flow of 1,000 GPM at 20 psi residual pressure, with spacing not to exceed 250 feet. Prior to applying for a building permit, provide civil drawings reflecting all fire hydrants serving the site. To prevent building permit delays, the developer shall pay all fees to San Jose Water Company as soon as possible. 24. 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. 25. Timing of Required Water Supplv Installations: Installations of required fire service(s) and fire hydrant(s) shall be tested and accepted by the Fire Department in accordance with all City Council Resolution PLN2000-46 - 861 Apricot Avenue - Planned Development Permit (4 Townhomes) Page 6 applicable conditions of approval, ordinances, laws and regulations, prior to the start of framing or delivery of bulk combustive materials. Building permit issuance may be withheld until required installations are completed, tested and accepted. 26. 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 ftonting the property. Numbers shall contrast with their background. 27. Fire Lane Marking Required: Roadways deemed necessary to facilitate emergency vehicle access, shall be identified in accordance with Fire Department Standards Details and Specification A-6 and Local Government Standards. PUBLIC WORKS DEPARTMENT 28. Final Parcel Map: Prior to issuance of any grading or building permits for the project, the applicant shall submit a Final Parcel Map for review by the City and recordation, upon approval by the City Council. The current plan check fee is $1,215.00 plus $25 per lot. 29. Preliminary Title Report: Prior to recordation of the Final Parcel Map, the applicant shall provide a current Preliminary Title Report. 30. Right-of-Way for Public Street Purposes: Upon recordation of the Final Parcel Map, the applicant shall cause additional Right-of-Way to be granted for Public Street Purposes along the Apricot A venue frontage to accommodate a thirty (30) foot half street. 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. 31. Public Service Easement: Upon recordation of the Final Parcel Map, the applicant shall grant a ten (10) foot Public Service Easement on private property contiguous with the public right-of-way along the Apricot 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. 32. Easements: Upon recordation of the Final Parcel Map, the applicant shall cause Easements to be recorded for private utilities, private storm drains, reciprocal ingress and egress, etc. 33. Monumentation for Final Parcel Map: Prior to recordation of the Final Parcel Map, the applicant shall provide security guaranteeing the cost of setting all Monuments shown on the map, as determined by the City Engineer. 34. Street Improvements: Prior recordation of the Final Parcel Map, the applicant shall execute a street improvement agreement and shall cause plans for public Street Improvements to be prepared by a registered civil engineer, pay fees, 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 in accordance with all applicable conditions of approval, ordinances, laws and regulations and accepted engineering practices. The fee for a non-utility encroachment permit is $245.00. The plans shall include the following: a. Removal of the existing curb, gutter, sidewalk and driveway approach. b. Construction of new curb, gutter, sidewalk and ADA compliant driveway approach. c. Construction of irrigation and installation of two (2) 15 gallon London Plane (Platanus acerfolia 'Yarwood') street trees at approximately 30 feet on center. City Council Resolution PLN2000-46 - 861 Apricot Avenue - Planned Development Permit (4 Townhomes) Page 7 d. Installation of traffic control signing and striping as necessary. e. Installation of landscaping, fencing, pavement, and irrigation within the newly dedicated public street right-of-way. f. Construction of conforms to existing public and private improvements, as necessary. 35. Water Meter(s) and Sewer Cleanout(s): Existing and proposed Water Meter(s) and Sewer Cleanout(s) shall be installed on private property behind the public right-of-way line. 36. Utilities: All new on-site Utilities shall be installed underground per Section 20.36.150 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. 37. Utility Installation Plan: Prior to issuance of building permits for the site, the applicant shall submit a Utility Installation Coordination Plan and Schedule for approval by the City Engineer for installation of street improvements and/or abandonment of all utilities. Streets which have been resurfaced within the previous 5 years will require boring and jacking for all new utility installations. Applicant shall also prepare pavement restoration plans for approval by the City Engineer prior to any utility installation or abandonment. 38. 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 10 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. 39. Storm Drain Area Fee: Prior to recordation of the Final Parcel Map, the applicant shall pay the required Storm Drain Area fee of $2,250/acre. 40. Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permitting requirements and the California Storm Water Best Management Practices handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley Water District and the City of Campbell Municipal Code regarding Storm Water Pollution Prevention. 41. Covenants. Conditions. and Restrictions: Provide copies of CC&Rs for review by the City Public Works Department prior to recordation ofthe Final Parcel Map. 42. Demolition: Prior to recording of the Final Parcel Map the applicant shall obtain a Demolition permit to remove any nonconforming structures. 43. Site Plan: The applicant shall provide a complete and accurate Site Plan in accordance with the Planning Division's checklist. PASSED AND ADOPTED this day of , 2002, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: City Council Resolution PLN2000-46 - 861 Apricot Avenue - Planned Development Permit (4 Townhomes) Page 8 APPROVED: Jeanette Watson, Mayor ATTEST: Anne Bybee, City Clerk AttachMent #3 RESOLUTION NO. BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A TENTATIVE PARCEL MAP (PLN2001-81) TO ALLOW THE CREATION OF FNE LOTS ON PROPERTY LOCATED AT 861 APRICOT AVENUE IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. STEPHEN CUSELLA. FILE NO. PLN2001- 81. 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 did find as follows with respect to application PLN200 1-81 : I. The proposed creation of four residential parcels and one common access parcel is consistent with the General Plan. 2. The proposed Parcel Map is consistent with the Planned Development Zoning Ordinance. 3. The provisions of the CC&Rs are necessary to ensure the long-term maintenance of the common driveway and associated landscaping. 4. The tentative parcel map has been distributed to local agencies, including Pacific Gas and Electric, AT&T Broadband, 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 parcels. Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1. The proposed tentative parcel map is consistent with the General Plan. 2. The proposed tentative parcel 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 parcel map provides, to the extent feasible, for future passive or natural heating and cooling opportunities. 4. The development and uses would 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. City Council Resolution PLN200 1-81 - 861 Apricot Avenue - Tentative Parcel Map Page 2 The applicant is hereby notified, as part of this application, that (s)he is required to meet the following conditions in accordance with the ordinances of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. 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 items under review. Additionally, the applicant is hereby notified that (s)he 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 Plannine: Division 1. Approved Project: Approval is granted for a Tentative Parcel Map to create four (4) residential parcels and a common lot for access. The Tentative Parcel Map shall substantially conform to the Tentative Parcel Map prepared by Kirkeby Engineering submitted on September 27,2001. 2. Covenants. Codes and Restrictions (CC&Rs): The applicant shall be required to submit for review and approval by the City Attorney and Community Development Director a copy of the CC&Rs which shall include the following: a. Formation of a homeowner's association to ensure the long-term maintenance of buildings and properties. 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, including the driveway. d. Provision of a funding mechanism to ensure maintenance and upkeep of common areas and shared building walls and roofs to be repaired, repainted, and/or replaced as necessary. e. Provision for the availability of interior garage space for the parking of two (2) vehicles (measuring 20 feet wide and 20 feet deep) at all times. f. Provision to prohibit use of uncovered parking spaces for outdoor storage purposes. 3. Park Impact Fee: A park impact fee of$6,615 per unit is due upon development of the site. Credit in the amount of $10,990 will be given for the existing single-family residence. Prior to recordation of the final parcel map, 75% of this fee is due. The remaining 25% is due prior to issuance of a certificate of building occupancy. 4. Property Maintenance: The property is to be maintained free of any combustible trash, debris and weeds until the time that actual construction commences. All existing structures shall be secured by having windows boarded up and doors sealed shut, or be demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). City Council Resolution PLN200 1-81 - 861 Apricot Avenue - Tentative Parcel Map Page 3 PUBLIC WORKS DEPARTMENT 5. Final Parcel Map: Prior to issuance of any grading or building permits for the project, the applicant shall submit a Final Parcel Map for review by the City and recordation, upon approval by the City Council. The current plan check fee is $1,215.00 plus $25 per lot. 6. Preliminary Title Report: Prior to recordation of the Final Parcel Map, the applicant shall provide a current Preliminary Title Report. 7. Right-of-Wav for Public Street Purposes: Upon recordation of the Final Parcel Map, the applicant shall cause additional Right-of-Way to be granted for Public Street Purposes along the Apricot Avenue frontage to accommodate a thirty (30) foot half street. 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. Public Service Easement: Upon recordation of the Final Parcel Map, the applicant shall grant a ten (10) foot Public Service Easement on private property contiguous with the public right-of-way along the Apricot 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. 9. Easements: Upon recordation of the Final Parcel Map, the applicant shall cause Easements to be recorded for private utilities, private storm drains, reciprocal ingress and egress, etc. 10. Monumentation for Final Parcel Map: Prior to recordation of the Final Parcel Map, the applicant shall provide security guaranteeing the cost of setting all Monuments shown on the map, as determined by the City Engineer. ' II. Street Improvements: Prior recordation of the Final Parcel Map, the applicant shall execute a street improvement agreement and shall cause plans for public Street Improvements to be prepared by a registered civil engineer, pay fees, 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 in accordance with all applicable conditions of approval, ordinances, laws and regulations and accepted engineering practices. The fee for a non-utility encroachment permit is $245.00. The plans shall include the following: a. Removal of the existing curb, gutter, sidewalk and driveway approach. b. Construction of new curb, gutter, sidewalk and ADA compliant driveway approach. c. Construction of irrigation and installation of two (2) 15 gallon London Plane (Platanus acerfolia 'Yarwood') street trees at approximately 30 feet on center. d. Installation oftraffic control signing and striping as necessary. e. Installation of landscaping, fencing, pavement, and irrigation within the newly dedicated public street right-of-way. f. Construction of conforms to existing public and private improvements, as necessary. 12. Water Meter(s) and Sewer Cleanout(s): Existing and proposed Water Meter(s) and Sewer Cleanout(s) shall be installed on private property behind the public right-of-way line. 13. Utilities: All new on-site Utilities shall be installed underground per Section 20.36.150 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. City Council Resolution PLN200 1-81 - 861 Apricot Avenue - Tentative Parcel Map Page 4 14. Utilitv Installation Plan: Prior to issuance of building permits for the site, the applicant shall submit a Utility Installation Coordination Plan and Schedule for approval by the City Engineer for installation of street improvements and/or abandonment of all utilities. Streets which have been resurfaced within the previous 5 years will require boring and jacking for all new utility installations. Applicant shall also prepare pavement restoration plans for approval by the City Engineer prior to any utility installation or abandonment. 15. 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 10 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. 16. Storm Drain Area Fee: Prior to recordation of the Final Parcel Map, the applicant shall pay the required Storm Drain Area fee of $2,250/acre. 17. Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permitting requirements and the California Storm Water Best Management Practices handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley Water District and the City of Campbell Municipal Code regarding Storm Water Pollution Prevention. 18. Covenants. Conditions. and Restrictions: Provide copies of CC&Rs for review by the City Public Works Department prior to recordation of the Final Parcel Map. 19. Demolition: Prior to recording of the Final Parcel Map the applicant shall obtain a Demolition permit to remove any nonconforming structures. 20. Site Plan: The applicant shall provide a complete and accurate Site Plan in accordance with the Planning Division's checklist. PASSED AND ADOPTED this - day of , 2002, by the following roll call vote: AYES: NOES: ABSENT: ABST AIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: APPROVED: Jeanette Watson, Mayor ATTEST: Anne Bybee, City Clerk RESOLUTION NO. BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL GRANTING A TREE REMOVAL PERMIT (PLN2001-118) TO REMOVE FNE TREES ON PROPERTY LOCATED AT 861 APRICOT AVENUE IN AN R-3-S (MULTIPLE FAMILY RESIDENTIAL) ZONING DISTRICT. APPLICATION OF MR. STEPHEN J. CUSELLA. FILE NO. PLN2001-118. 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 did find as follows with respect to application PLN2001-118: I. The proposed Tree Removal Permit is consistent with the Planned Development Zoning Ordinance and the General Plan High Density Residential land use designation. 2. The proposed tree replacement requirement of five 36-inch box size trees is consistent with the requirements of the Tree Protection Ordinance. 3. The proposed replacement trees will be a sufficient replacement for the trees to be removed and will continue the diversity of tree species found in the community. 4. The size and location of the Deodar Cedar and Blue Spruce trees in the center of the project site would preclude redevelopment of the site if the trees were to be required to remain. The health of the trees and the structural integrity would be significantly compromised if constructed occurred around the trees due to the severity of root pruning and soil compaction required to facilitate redevelopment. 5. A Certified Arborist has deemed the Red Cedar tree a fire hazard. 6. The Alder tree is predominantly dead based on an analysis by a Certified Arborist. 7. The Box Elder tree has been determined to have structural decay and a visible conk according to a Certified Arborist. Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1. The retention of the Deodar Cedar and Blue Spruce trees restricts the economic enjoyment of the property or creates an unusual hardship for the property owner by severely limiting the use of the property in a manner not typically experienced by owners of similarly zoned and situated properties, and the applicant has demonstrated to the satisfaction of the Planning Commission that there are no reasonable alternatives to preserve the trees. 2. The Red Cedar tree can potentially cause substantial damage to the proposed residential buildings, and the applicant has demonstrated to the satisfaction of the Planning Commission that this potential damage cannot be controlled or remedied through reasonable relocation or modification of the structure or utility services. 3. The Alder and Box Elder trees present a danger of falling, and the applicant has demonstrated to the satisfaction of the Planning Commission that this danger cannot be controlled or remedied through reasonable preservation and/or preventative procedures and practices such that the public health and safety requires its removal. City Council Resolution PLN200 1-118 - 861 Apricot Avenue - Tree Removal Permit Page 2 Attachment #4 4. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. The applicant is hereby notified, as part of this application, that (s)he is required to meet the following conditions in accordance with the ordinances of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. 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 items under review. Additionally, the applicant is hereby notified that (s)he 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 Permit: Approval is granted for a Tree Removal Permit (pLN 2001-118) to allow the removal of one Deodar Cedar tree, one Blue Spruce tree, one Red Cedar tree, one Alder Tree and one Box Elder tree at 861 Apricot Avenue. This permit shall only be valid in conjunction with an approved Planned Development Permit (PLN2000-46). 2. Replacement of Removed Tree: Five 36-inch box size trees shall be required as a replacement for the five trees to be removed at 861 Apricot Avenue. The location and species of this tree shall be shown on the detailed landscape and irrigation plans that shall be submitted to the Planning Division, prior to the issuance of building permits, for review and approval by the Community Development Director. The proposed replacement trees shall continue the diversity of tree species found in the community and shall be a species listed in the City's Water Efficient Landscaping Guidelines (WELS). PASSED AND ADOPTED this day of ,2002, by the following roll call vote: AYES: NOES: ABSENT: ABST AIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: APPROVED: Jeanette Watson, Mayor ATTEST: Anne Bybee, City Clerk Attachment #5 RESOLUTION NO. 3394 BEDiG A RESOLUTION OF THE PL~'\¡Ì'nNG COMMISSION OF THE CITY OF CA..vIPBELL RECOMMENDING APPROVAL OF A ZO~t: CHANGE (PLN2000-45) FROM R-3-S (~ruL TIPLE F ~\tIIL Y RESIDENTIAL) TO PD (PLANNED DEVELOPMENT) FOR PROPERTY LOCATED AT 861 APRICOT AVENUE. APPLICATION OF MR. STEPHEN J. CUSELLA. FILE NO. PLN2000-45. 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 PLN2000-45: 1. The proposed Planned Development zoning is consistent with the General Plan land use designation of High Density Residential for the site. ') The proposed density of 13.8 units per gross acre is less than the density allowance of 21-27 units per gross acre permitted in the High Density Residential General Plan land use designation. 3, Cp to five (5) apartment units could be constructed in an R-3-S Zoning District. where four (-+) single-ownership townhomes are proposed in the Planned Development District. 4, The zoning designation change from R-3-S to P-D does not affect the maximum density range allo\vance for the property. 5, The zoning designation change from R-3-S to P-D al1o\vs for the separate ownership of units as opposed to the development of multiple units on a single lot (i.e. rental apanments). Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: I, The proposed development and uses will clearly result in a more desirable environment anc ì.1Se or" the bnd than would be possible under any other zonÍi;.g classification. ') The de\'elopmem and uses will be compatible with the General Plan of the City and will aid in the hallTIonious development of the immediate area. 3. The proposed development will not result in allo\ving more residential units than would be al!o\\ed by other residential zoning districts which are consistent with the General Plan land use èesignation of the property; and 4" . The proposed zoning .designation change will not be. detrimental to the health. safety or welfare of the neighborhood or the City ås a whole. Planning Commission Re~ Jtion No. 3394 PLN2000-45 - 861 Apricot Avenue - Zone Change Pacre 2 :: P.Â.SSED AND ADOPTED this 13th day of November, 2001, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Commissioners: Commissioners: Commissioners: Commissioners: Alderete, Doorley, Francois, Hernandez and Leonard Gibbons Jones None APPROVED: Tom Francois, Chair Sharon FieITo, Secretary RESOLUTION NO. 3395 BE~G A RESOLUTION OF THE PLAL"\fi\¡lNG COMMISSION OF THE CITY OF CAMPBELL RECOMMENDNG APPROVAL OF A PLÄ"-<'NED DEVELOPMENT PERJ.\1IT (PLN2000-46) TO ALLOW THE CO~STRUCTION OF A FOUR TOVINHOUSE DEVELOPMENT ON PROPERTY LOCATED AT 861 APRICOT A VENUE IN Ä'\¡ R-3-S (Mill TIPLE F kvlIL Y RESIDENTIAL) ZO!\rING DISTRICT. APPLICATION OF MR. STEPHEN J. CCSELLA. FILE NO. PLN2000-46. 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 PLN2000-46: 1. The proposed density of 13.8 units per gross acre is less than the density allowance of21-27 units per gross acre pennined in the High Density Residential General Plan land use deslg:1ation. " The proposed project is consistent with the General Plan. 3. The proposed project is consistent with the Planned Development Zoning Ordinance. 4. The site plan proposes the constmction of four (4) townhomes each on individual lots. All of the residences take vehicular access by a 20-foot wide t',\:o-way colored stamped concrete common drive\\"aY running along the eastern property line. The fTom yard will be landscaped and a picket fence will screen the fTont parking space. Each of the units has a private rear yard with a depth ranging from five feet to ten feet. Proposed landscaping will occupy approximately 20.3% of the project site. 5. The project pro\'ides 14 on-site parking spaces. 6. The completed project would consist of four (4) new townhomes covering 45% of the lot with building, 34. Î ~o with paving, and 20.3% with landscaping. '" The project will have a tloor area ratio of. 78. 8. The proposed project is surrounded by other residential uses, with residential condominiums to the north and south, townhomes to the east, and a single-family residence to the \vest. 9. The proposed massing and design is consistent with other developments in the surrounding area Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: Planning Commission Resl.....tion No. 3395 PL?\í2000-46 - 861 Apricot Avenue - Planned Development Permit - Four Townhomes Page 2 1, 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. ') The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 3. There is a reasonable relationship and a rough proportionality between the Conditions of .-\pproval and the impacts of the project. 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 notitied that he/she is required to comply with all applicable Codes or Ordinances of ,he City of Campbell and the State of California that pertain to this development and are not herein specified. CO:\[\Ir~ITY DEVELOP:\-IENT DEPARTME~T Planning Division 1. Approved Project: Approval is granted to construct four (4) townbomes. The building designs and site design shall substantially conform to the project exhibits listed below, except as may be modified by the Conditions of Approval herein: a. Set of plans prepared by Bill Gould Design received on September 27, 200 l, including building elevations. site plan, and a conceptual planting plan. b. Co]or ele\'ations and materials board submitted by Bill Gould Design on Septembe~ 27. 2001, c. T entati\'e Parcel Map prepared by Kirkeby Engineering submitted on September 27. 2001. d, The Planned Development Permit approval shall expire and be void one year from the date of final approval, unless, a building permit is obtained. Construction must be completed one year thereafter or the Planned Development Permit shall be void. 2. Landscaping: The applicant shall submit four sets of landscape and irrigation plans to the Plar.ning Division, prior to the issuance of building permits, for review and approval by the Community Development Director for compliance with all applicable conditions of approval. ordmances, laws and regulations. 3, Landscape and iITigation plans shall be consistent \vith the Conceptual Landscape Plan already submitted and the City's \Vater Efficient Landscaping Standards (WELS). Planning Commission ResúlI.ltion No. 3395 PL)i2000-46 - 861 Apricot Avenue - Planned Development Pennit - Four Townhomes Page 3 b. In addition to the trees shown on the preliminary planting plan, five (5) 36-inch box trees shall be required as a replacement for the five (5) protected trees that are proposed for removal. 3. Parking and Drivewavs: a. All parking and driveway areas shall be developed in compliance with Chapter 21.50 of the Campbell Municipal Code. b. The applicant shall provide colored stamped concrete within the driveway and uncovered parking spaces. The design and to be used for the colored stamped concrete shall be reviewed and approved by the Community Development Director prior to issuance of building permits for the project. c. The width of the two uncovered parking spaces just south of Unit C shall be widened ITom 8 tèet to 9 feet. 2. Co\'enants. Codes and Restrictions (CC&Rs): The applicant shall be required to submit for re\ie\v and approval by the City Attorney and Community Development Director a copy of the CC&Rs which shall include the following: a. Formation of a homeowner's association to ensure the long-term maintenance of buildings and properties. b. Continued architectural controls to ensure the architectural integrity of the project. c. Derìnition of common areas to be maintained and provision of maintenance for these areas, including the driveway. d. P:-ovision of a funding mechanism to ensure maintenance and upkeep of common areas and shared building walls and roofs to be repaired, repainted, and/or replaced as necessary. e. Provision for the availability of interior garage space for the parking of two (2) vehicles (measuring 20 feet wide and 20 feet deep) at all times. f. Provision to prohibit use of uncovered parking spaces for outdoor storage purposes. Park Impact Fee: A park impact fee ofS6,615 per unit is due upon development of the site. Credj~ in the amount of S I 0,990 will be given for the existing single-family residence. Prior to recordation of the final parcel map, 75% of this fee is due. The remaining 25% is due prior to issuance of a certificate of building occupancy. -+. Fences: Any newly proposed fencing shall comply with Section 21.59.090 of the Campbell :Vfunicipal Code and shall substantially comply with the fence detail dated September 2ì, 2001 provided on the \Voodwork and Landscape Paving Plan; however, the maximum height "' .J. Planning Commission Res, .CIOn No. 3395 PLN2000-46 - 861 Apricot Avenue - Planned Development Permit - Four Townhomes Page -+ of fencing within fifteen feet from the front property line is 42 inches. The Woodwork and Landscape Paving Plan shall reflect the new front property line after the required street right- of-\vay dedication. 5. Property Maintenance: The property is to be maintained free of any combustible trash, debris and weeds until the time that actual construction commences. All existing structures shall be secured by having windows boarded up and doors sealed shut, or be demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed. Unifonn Fire Code). 6. Ctilitv Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to installation of PG&E utility (transfonner) boxes and San Jose Water Company back-flo\v preventers, indicating the location of the boxes and screening (if the boxes are above ground) for approval by the Community Development Director. / . On-site lig:hting: 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 ar.y 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. 8. On-site Fire Hvdrant: Applicant shall pursue location of the required fire hydrant on private property (within approximately ten feet of the street) within the planting strip on the eastern property line. Decorative bollards shall be installed to prevent damage to the fire hydrant. Design of the bollards shall be subject to review and approval by the Community De\'elopmenr DirectOr. Building: Division: 9. Permits Required: A building permit application shall be required for each proposed ne\\ structure. The building permit shall include ElectricaliPlur:ibing/Mechanical fees v.:hen sue:: work is part of the permit. lO. 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. 11. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. l~. Size of Plans: The minimum size of construction plans st1bmitted for building permits shall be 2.+ in. X 36 in. l3..Soils Report: Tv.:o copies of a current soils report, prepared to the satisfaction of the Building Official, containing foundation and retaining wal! design recommendations shall be Planning Commission Res\.. .cion No. 3395 PLN2000-46 - 861 Apricot Avenue - Planned Development Permit - Four Townhomes Page 5 submitted with the building permit application. This report shall be prepared by a licensed engineer specializing in soils mechanics. 14. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. Site plan shaH also include site drainage details. 15. 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 shaH certify compliance with the recommendations as specified in the soils report and the building pad elevation and on-site retaining wall locations and elevations are prepared according to approved plans. Horizontal and vertical controls shall be set and cenified by a licensed surveyor or registered civil engineer for the foHowing items: a. pad elevation b. finish Hoor elevation (first floor) c. foundation comer locations 16. Title 24 Ener!Zv Compliance: California Title 24 Energy Compliance forms cF-1R and lVrF- 1 R shall be blue-lined on the construction plans. 8Y2 X 11 calculations shall be submitted as \vell. 1-. Special Inspections: \Vhen a special inspection is required by U.B.c. Section 1701, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building OfIîcial for approval prior to issuance of the building permits, in accordance with CB.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 18. Water Pollution: The City of Campbell, standard Santa Clara VaHey Non-point Source Pollution Control Program specification sheet shall be' part of plan submittal. The specification sheet (size 2.r' X 36") is available at the Building Division service counter. 19. Approvals Required: The project requires the foHowing agency approval prior to issuance of the building permit: 3.. West Valley Sanitation District (378-2407) b. Santa Clara County Fire Department (378-4010) c. Schoo! District: 1. Campbell Cnion School District (378-3405) CampbeH Cnion High School District (371-0960) Ì\loreland School District (3 ï9-13 70) 11. 111. Planning Commission Res ¡¡on No. 3395 PL~2000-46 - 861 Apricot Avenue - Planned Development Permit - Four Townhomes Page ó 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 Quality Management District (Demolitions Only) IV, FIRE DEPARTMENT 20, ReQuired Fire Flow: The required fire flow for this project has been calculated at 1,000 GP.\I at 20 psi residual pressure. The required fire flow is available from area water mains and rìre hydrant(s), which are located at the required spacing. 21. Public Fire Hvdrant Required: Provide one (1) public fire hydrant at a location to be deIermined by the Fire Department and San Jose Water Company. The hydrant shall have a minimum single flow of 1,000 GPM at 20 psi residual pressure, with spacing not to exceed :50 feet. Prior to applying for a building permit, provide civil drawings reflecting all fire hydrants sen'ing the site. To prevent building permit delays, the developer shall pay all fees La San Jose \Vater Company as soon as possible. 22, Fire Hvdrant Location Identifier: Prior to project final inspection, the general contractor shall enSLlre that an approved ('"Blue Dot") fire hydrant location identifier has been placed in the roadway, as directed by the Fire Department. 23, Tir:-:inQ: of Required Water Supplv Installations: Installations of required fire sen'ice(s) and fire hydrant(s) shall be tested and accepted by the Fire Department in accordance with all applicable conditions of approval, ordinances, laws and regulations, prior to the start of ;I-::r:¡ing or deli\'ery of bulk combustive materials. Building permit issuance may be \vithheld um:; required installations are completed, tested and accepted. 2~, Pre:::¡ses 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 ro2.¿ fronting the property. Numbers shall contrast with their background. 25, F ir= Lane Marking Required: Roadways deemed necessary to facilitate emergency vehicle acc=ss, shall be identified in accordance with Fire Department Standards Details and Spe~:tìcation A.-6 and Local Government Standards. PL 'BLIC WORKS DEP ART.\fENT 26, Fir.2.~ Parcel .\Iap: Prior to issuance of any grading or building permits for the project, the ap¡; ;i;:ant sha!l submit a Final Parcel Map for review by the City and recordation, upon Jpp:\)\'al by the City Council. The current plan check fee is 51,215,00 plus 525 per lot. 2-, Preliminan Title Report: Prior to recordation of the Final Parcel Map, the applicant shall pro\ide a current Preliminary Title Report. Planning Commission Resl ~lon No. 3395 PLN2000-46 - 861 Apricot Avenue - Planned Development Pennit - Four Townhomes Page ì 28. Ri!2ht-of- Wav for Public Street Purposes: Upon recordation of the Final Parcel Map, the applicant shall cause additional Right-of-Way to be granted for Public Street Purposes along the Apricot A \'enue frontage to accommodate a thirty (30) foot half street. 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. 29. Public Service Easement: Upon recordation of the Final Parcel Map, the applicant shall gram a ten (10) foot Public Service Easement on private property contiguous with the public right-of-way along the Apricot 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. 30. Easements: Upon recordation of the Final Parcel Map, the applicant shall cause Easements to be recorded for private utilities, private storm drains, reciprocal ingress and egress, etc. 31. .\Ionumemation for Final Parcel Map: Prior to recordation of the Final Parcel Map, the app licam shall provide security guaranteeing the cost of setting all Monuments shown on the maD. as determined bv the Citv Enl!ineer. , ~ ~- 32. Street Improvements: Prior recordation of the Final Parcel ~Iap, the applicant shall execute a street improvement agreement and shall cause plans for public Street Improvements to be prepared by a registered civil engineer, pay fees, post security and provide insurance nec~ssary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City Engineer in accordance with all applicable conditions of approval, ordinances, laws and regulations and accepted engineering practices. The fee for a non-utility encroachment permit is 5245.00. The plans shall include the following: a. R~moval of the existing curb. gutter. sidewalk and driveway approach. b. Construction of new curb, gutter, sidewalk and ADA compliant dri\'eway approach. c. Construction of iITigation and installation of two (2) 15 gallon London Plane (Platanus acerfolia 'Yanvood') street trees at approximately 30 feet. on center. d. Installation of traffic control signing and striping as necessary. e. Installation of landscaping, fencing, pavement, and iITig:ltion \vithin the ne\vly dedicated public street right-of-\vay. f. Construction of conforms to existing public and private improvements, as necessary. 33. Water .\leter(s) and Se\ver Cleanout(s); Existing and proposed \Vater Meter(s) and Se\ver Cle::mout(s) shaJI be installed on private property behind the public right-of-way line. 3-1-. l'tilities: All new on-site Utilities shall be installed underground per Section 20.36.150 of the Campbdl :\Iunicipal Code tàr any new or remodeled buildings or additions. Applicant sha]; comp]y \\ ith all plan submittals, permitting, and fee requirements of the ser\'Ïng utility .. corT.pames. Planning Commission ResLJ..ltion No. 3395 PL~2000-46 - 861 Apricot Avenue - Planned Development Permit - Four Townhomes Page 8 35. f 'tilit:. fn"t~JJMirm P!::1n' Prior to issuance of building permits for the site, the applicant shall submit a Utility Installation Coordination Plan and Schedule for approval by the City Engineer for installation of street improvements and/or abandonment of all utilities. Streets. which have been resurfaced within the previous 5 years, will require boring and jacking for all new utility installations. Applicant shall also prepare pavement restoration plans for approval by the City Engineer prior to any utility installation or abandonment. 36. lTr~lÌinS" ~nri lJr::1in::1S"f' P1::1n' Prior to issuance of any grading or building permits for the site. the applicant shall conduct hydrology studies based on a 10 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. 37. ~tl1rm lJr;lin .1. rf'~ Ff'~' Prior to recordation of the Final Parcel Map, the applicant shall pay the required StOrm Drain Area fee of 52,250/acre. 38. <;;rM';1 \V;ltr'" PI1I!mil1n Prf'vf>ntil1n \,ff>::1"llrf>'" Prior to issuance of any grading or building per~its, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permining requirements and the California Storm Water Best Management Practices handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley \Vater District and the City of Campbell Municipal Code regarding Storm Water Pollution Prevention. 39. lO"f'..,~nt" l"nriitil1n" ~nri Rf>"triC'tirm,,' Provide copies of CC&Rs for review by the City Public Works DepaI1ment prior to recordation of the Final Parcel Map. 40. nf'mnlition' Prior to recording of the Final Parcel Map the applicant shall obtain a Demolition permit to remove any nonconforming structures. 4ì. <;;itf' pl~n' The applicant shall provide a complete and accurate Site Plan in accordance with the Pbnning Division's checklist. th P.--\SSED A:\:D ADOPTED this 13 day of November, 2001, by the following roll call vote: A YES: Commissioners: Alderete, Doorley, Francois, Hernandez and Leonard :--';OES: Commissioners: Gibbons ABSE:\'T: Commissioners: Jones ABST.--\I:\': Commissioners: None APPROVED: Tom Francois, Chair .--\ TTEST: Sharon Fierro, Secretary RESOLUTION NO. 3396 BEING A RESOLUTION OF THE PLAN'NlNG COMMISSION OF THE CITY OF CAi\¡IPBELL REcOMMENDTh/G APPROVAL OF A TENTATIVE SlJBDIVISION (PLN2001-81) TO CREATE FIVE LOTS ON PROPERTY LOCATED AT 861 APRICOT AVENUE IN A..~ R-3-S (MUL TIPLE F Ai\1IL Y RESIDENTIAL) ZONING DISTRICT. APPLIcA nON OF MR. STEPHEN J. cUSELLA. FILE NO. PLN2001-81. 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 PLN2001-81: 1. The proposed creation of four residential parcels and one common access parcel is consistent \vi!h the General Plan. ') Thç proposed Parcel ~Iap is consistent with the Planned Development Zoning Ordinance. 3. The provisions of the CC&Rs are necessary to ensure the long-term maintenance of the common driveway and associated landscaping. 4. The tentative parcel map has been distributed to local agencies, including Pacific Gas and Electric, AT&T Broadband, West Valley Sanitation District, Santa Clara Valley Trar.sportation Authority, and the Santa Clara Valley Water District. None of these agencies raised any concerns about providing services to the parcels. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed tentative parcel map is consistent with the General Plan. ì The proposed tentative parcel map does not impair the balance between the housing needs of the :-egion and the public service needs of its residents and available fiscal and em"ironmental resources. 3. The design of the tentative parcel map provides, to the extent feasible, for future passive or natural heating and cooling opportunities. -+. The development and uses would be compatible \vith the General Plan of the City and will ai¿ in the h~.mnonious development of the immediate area. 5. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts oftbe project. Planning Commission ResL ~¡¡on No. 3396 PLN2001-81 - 861 Apricot Avenue - Tentative Subdivision - Five Lots Page 2 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. COM:\-IUNITY DEVELOP:YIENT DEPARTMENT Planning Division 1. Approved Project: Approval is granted for a Tentative Parcel Map to create four (4) residential parcels and a common lot for access. The Tentative Parcel Map shall substantially confonn to the Tentative Parcel Map prepared by Kirkeby Engineering submitted on September 27,2001. '"' Co\-enants. Codes and Restrictions (CC&Rs): The applicant shall be required to submit for review and approval by the City Attorney and Community Development Director a copy of the CC&Rs which shall include the following: a. Fonnation of a homeowner's association to ensure the long-tenn maintenance of buildings and properties. 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, including the driveway. d. Provision of a funding mechanism to ensure maintenance and upkeep of common areas and shared building walls and roofs to be repaired, repainted, and/or replaced as necessary - e. Provision for the availability of interior garage space for the parking of two (2) vehicles (measuring 20 feet wide and 20 feet deep) at all times. f. Pro\-ision to prohibit use of uncovered parking spaces for outdoor storage purposes. ., :J- Park Impact Fee: A park impact fee of $6,615 per unit is due upon development of the site. Credit in the amount of S 1 0,990 will be given for the existing single-family residence. Prior to recordation of the final parcel map, 75% of this fee is due. The remaining 25% is due prior to issuance of a certificate of building occupancy. 4- PropenV' !\faintenance: The propeI1y is to be maintained free of any combustible trash, - debris and \veeds until the time that actual construction commences. All existing structures Planning Commission Resc,._don No. 3396 PLN200 1-81 - 861 Apricot Avenue - Tentative Subdivision - Five Lots Page 3 shall be secured by having windows boarded up and doors sealed shut, or be demolished or removed from the property (Section 11.201 and 11.414,1985 Ed. Uniform Fire Code). PCBLIC \VORKS DEPART:YIENT 5, Final Parcel Map: Prior to issuance of any grading or building permits for the project, the applicant shall submit a Final Parcel Map for review by the City and recordation, upon approval by the City Council. The current plan check fee is 51,215.00 plus $25 per lot. 6. PreliminarY' Title Report: Prior to recordation of the Final Parcel Map, the applicant shall provide a CUlTent Preliminary Title Report. Î, Ri£ht-of- Wav for Public Street Purposes: Upon recordation of the Final Parcel Map, the applicant shall cause additional Right-of-Way to be granted for Public Street Purposes along the Apricot Avenue frontage to accommodate a thirty (30) foot half street. 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, Public Service Easement: Cpon recordation of the Final Parcel Map, the applicant shall grant a ten (10) foot Public Service Easement on private property contiguous with the public right-of-way along the Apricot Avenue .ITontage. 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. 9. Easements: Cpon recordation of the Final Parcel Map, the applicant shall cause Easements to be recorded for private utilities, private stonn drains, reciprocal ingress and egress, etc. 10, \Ior.umentation for Final Parcel Map: Prior to recordation of the Final Parcel :\;fap, the applicant shal1 provide security guaranteeing the cost of setting all \Ionuments shown on the map. as determined by the City Engineer. ' II, Street Improvements: Prior recordation of the Final Parcel :\;fap, the applicant shall execute a street impro\'ement agreement and shall cause plans for public Street Improvements to be prepared by a registered civil engineer, pay fees, 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 in accordance \vith all applicable conditions of approvaL ordinances, laws and regulations and accepted engineering practices. The fee for a non-utility encroachment permit is $245.00. The plans shall include the following: a, Removal of the existing curb, gutter, sidewalk and driveway approach. b, Construction of new curb, gutter, sidewalk and ADA compliant driveway approach. c, Construction of irrigation and installation of two (2) 15 gal1on London Plane (Platanus acertòli:1 'Yar.\'ood',) street trees at approximately 30 feet on center, Planning Commission ReSI.._.itlon No. 3396 PLN2001-81 - 861 Apricot Avenue - Tentative Subdivision - Five Lots Page 4 d. Installation of traffic control signing and striping as necessary. e. Installation of landscaping, fencing, pavement, and irrigation within the newly dedicated public street right-of-way. f. Construction of conforms to existing public and private improvements, as necessary. 12. Water Meter(s) and Sewer Cleanout(s): Existing and proposed Water Meter(s) and Sewer Cleanout(s) shall be installed on private property behind the public right-of-way line. 13. Utilities: All new on-site Utilities shall be installed underground per Section 20.36.150 of the Campbell yIunicipal Code for any new or remodeled buildings or additions. Applicant shall comply \\'ith all plan submittals, permitting, and fee requirements of the serving utility companies. I..+' Ltilit\' Installation Plan: Prior to issuance of building permits for the site, the applicant shall submit a Utility Installation Coordination Plan and Schedule for approval by the City Engineer for installation of street improvements and/or abandonment of all utilities. Streets, which have be=n resurfaced within the previous 5 years, will require boring and jacking for all new utility installations. Applicant shall also prepare pavement restoration plans for approval by the City Engineer prior to any utility installation or abandonment. 15. 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 10 year storm frequency, prepare an engineered Grading and Drainage Plan, and pay fees required to obtain necessary grading permits. The plans shall comply \vith the 1998 edition of the California Building Code including Chapters 10, 11, 18,33, and Appendix Chapter 33. 16. Storm Drain Area Fee: Prior to recordation of the Final Parcel Map, the applicant shall pay the req uired S LOrm Drain Area fee of S2,250/acre. . 17, Stom1 Water ?ollution Prevention :\feasures: Prior to issuance of any grading or building pennits. the applicant shall comply with the National Pollution Discharge Elimination System (?\PDES) permitting requirements and the California Storm Water Best Management Practices han¿book prepared by the Storm Water Quality Task Force, Santa Clara Valley Water Distric~ and the City of Campbell Municipal Code regarding Storm \Vater Pollution Prevention. IS, Covenants. Conditions. and Restrictions: Provide copies of CC&Rs for revievv' by the City Public Works Department prior to recordation of the Final Parcel Map. 19. Demolition: Prior to recording of the Final Parcel Map the applicant shall obtain a Demolition pe:-:nit to remove any nonconforming structures. 20, Site Plan: Th.: applicant shall provide a complete and accurate Site Plan in accordance with the Planning Division's checklist Planning Commission ReSOl-.don No. 3396 PLN2001-81 - 861 Apricot Avenue - Tentative Subdivision - Five Lots Paae 5 ;:, P..\SSED AND ADOPTED this 13th day of November, 2001, by the following roll call vote: A YES: Commissioners: Alderete, Doorley, Francois, Hernandez and Leonard NOES: Commissioners: Gibbons ABSENT: Commissioners: Jones ABSTAIN: Commissioners: None APPROVED: Tom Francois, Chair ATTEST: Sharon Fierro, Secretary RESOLUTION NO. 3397 BEN"G A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAt\1PBELL RECOMME~'DING APPROVAL OF A TREE REMOVAL PERMIT (PLN2001-118) TO REMOVE FIVE TREES ON PROPERTY LOCATED AT 861 APRICOT AVENUE IN At,\¡ R-3-S (l\tfUL TIPLE F At\1IL Y RESIDENTIAL) ZONING DISTRICT. APPLICATION OF MR. STEPHEN 1. cUSELLA. FILE NO. PLN2001-118. 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 PLi'i2001-118: 1. The proposed Tree Removal Permit is consistent with the Planned Development Zoning Ordinance and the General Plan High Density Residential land use designation. 2. The proposed tree replacement requirement of five (5) 36-inch box size trees is consistent with the requirements of the Tree Protection Ordinance. 3. The proposed replacement trees will be a sufficient replacement for the trees to be removed and will continue the diversity of tree species found in the community. 4. The size and location of the Deodar Cedar and Blue Spruce trees in the center of the project site would preclude redevelopment of the site if the trees were to be required to remain. The health of the trees and the structural integrity would be significantly compromised if constructed occulTed around the trees due to the severity of root pruning and soil compaction required to facilitate redevelopment. 5. A Certified Arborist has deemed the Red Cedar tree a fire hazard. 6. The Alder tree is predominantly dead based on an analysis by a Certified Arborist. ï. The Box Elder tree has been determined to have structural decay and a visible conk according to a Certitied Arborist. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: Planning Commission Re~ ~tlon No. 3397 PLN2001-118 - 861 Apricot Avenue - Tree Removal Permit - Five Trees Page 2 1. The retention of the Deodar Cedar and Blue Spruce trees restricts the economic enjoyment of the property or creates an unusual hardship for the property owner by severely limiting the use of the property in a manner not typically experienced by owners of similarly zoned and situated properties, and the applicant has demonstrated to the satisfaction of the Planning Commission that there are no reasonable alternatives to preserve the trees. ') The Red Cedar tree can potentially cause substantial damage to the proposed residential buildings, and the applicant has demonstrated to the satisfaction of the Planning Commission that this potential damage cannot be controlled or remedied through reasonable relocation or moditication of the structure or utility services. 3. The Alder and Box Elder trees present a danger of falling, and the applicant has demonstrated to the satisfaction of the Planning Commission that this danger cannot be controlled or remedied through reasonable preservation and/or preventative procedures and pracrices such that the public health and safety requires its removal. 4. The:-e is a reasonable relationship and a rough proportionality bet\veen the Conditions of Approval and the impacts of the project. \vnere approval by the Director of Community Development, City Engineer, Public \Vorks 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. CO:\I:\Il":\TITY DEVELOP'IE~T DEP.-\RT:\IE~T Planning Division: 1. ApDroved Penni 1: Approval is granted for a Tree Removal Permit (PLN 200 I-II S) to allow the removal of one (1) Deodar Cedar tree, one (I) Blue Spruce tree, one (1) Red Cedar tree, one (1) Alder Tree and one (1) Box Elder tree at 861 Apricot Avenue. This permit shall only bç \<l:id in conjunction \\~ith an approved Planned Development Permit (PLN 2000--+6). ., Rè::,bcement of Remo\'ed Tree: Five (5) 36-inch box size trees shall be required as a repl3.cement for the five (5) trees to be removed at 861 Apricot Avenue. The location and species of this tree shall be sho\vn on the detailed landscape and irrigation plans that shall be submitted to the Planning Division, prior to the issuance of building permits, for review and appro\Oal by the CommLmity Development Director. The proposed replacement trees shall CÙî,::r:ue the diversity of tree species found in the community and shall be a species listed in the City's Water Efficient Landscaping Standards (WELS). Planning Commission Res, .Clon No. 3397 PLN200 1-118 - 861 Apricot Avenue - Tree Removal Permit - Five Trees Paae 3 :;, PASSED ANTI ADOPTED this 13th day of November, 2001, by the following roll call vote: A YES: Commissioners: Alderete, Doorley, Francois, Hernandez and Leonard NOES: Commissioners: Gibbons ABSENT: Commissioners: Jones ABSTAIN: Commissioners: None APPROVED: Tom Francois, Chair ATTEST: Sharon Fierro, Secretary Planning Commission Mh...tes of November 13.2001 Page 2 AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements ORAL REQUESTS There were no oral requests. PUBLIC HEARING Chair Francois read Agenda Item No.1 into the record. 1. PLN2000-45 (ZC) PLN2000-46 (PD) PLN2001-81 (TS) PLN2001-118 (TRP) Cusella, S. Continued Public Hearing to consider the application of Mr. Stephen J. Cusella for approval of a Zone Change (pLN2000-45) fÌ'om R-3-S (Multiple Family Residential) to PD (planned Development); a Planned Development Permit (pLN2000-46) to allow the construction of a four-unit townhouse development; a Tentative Subdivision (PLN2001-81) to create five lots; and a Tree Removal Permit (pLN2001-118) to remove five trees on property located at 861 Apricot Avenue in an R-3-S (Multiple Family Residential) Zoning District. This project is Categorically Exempt. Tentative City Council Meeting Date: Wednesday, January 2,2002. Ms. Darcy Smith, Planner II, presented the staff report as follows: . Reminded that this application was continued fÌ'om the October 30, 2001, meeting at which there were four Commissioners in attendance reaching a tie vote. The Commissioners present did not wish to forward the project on to Council without a recommendation and elected to wait until more members of the Commission were available to consider the proposal. . Informed that the applicant has developed a revised site plan that provides one additional parking space. The existing single-family residence and detached garage on this property will be demolished. . Said that this property's Land Use Designation is High Density Residential allowing up to 27 units per gross acre. The applicant's proposal represents a density of 14.8 units per gross acre. . Stated that the Zone Change sought is ftom R-3-S to PD. The PD (Planned Development) Zoning designation would allow for separate ownership of these townhome units. . Advised that the Tentative Subdivision would create five lots, four residential parcels and one common lot for the shared 20- foot, two-way driveway along the eastern property line to access the four homes. . Said that the building will be developed with two buildings using wood siding, composition shingles, a river rock base and large fÌ'ont porches for each unit. The rear yards range fÌ'om five to 10 feet deep. . Added that a Tree Removal Permit is required for the removal of five trees on site, including a cedar, spruce and alder tree. An Arborist's report has been provided to substantiate removal of these trees. The applicant will be required to replace the trees with five 36-inch box trees. . Identified the parking on site, which meets the 3.5 spaces per unit, using two car garages for each unit, and six common spaces on site. The sixth exterior space has been created as a tandem space. The tandem spaces will be specifically assigned and are located north of Planning Commission M. .ttes of November 13, 2001 Page 3 Unit B. Additionally, staff is recommending that the width of the exterior parking spaces be widened from eight feet to nine feet. . Recommended that the Commission adopt four resolutions in support ofthis application. Vice Chair Hernandez presented the Site and Architectural Review Committee report as follows: . SARC reviewed this project on October 9, 2001, and was supportive of the architectural design. . SARC had concerns about the shortage of one required parking space on site. City Attorney William Seligmann announced that the Commissioners who were absent from the Public Hearing on October 30th must stipulate that they have reviewed the minutes from the meeting in order to be eligible to participate in this evenings hearing and to vote on the proposal. Commissioner Doorley advised that he had both read the meeting meetings from October 30th as well as having viewed the videotape from that meeting in preparation for this evening. Commissioner Leonard informed that she too has read the meeting minutes. Chair Francois opened the Public Hearing for Agenda Item No.1. Mr. Steve Hanleigh, 671 Regas Drive, Campbell: . Advised that he is the owner of two adjacent properties to this subject site. . Said that while he previously was supportive of this proposal, he has changed his mind upon further consideration. . Said that the proposed tandem parking space will be blocked and does not represent a practical solution. . Questioned the placement of the air-conditioning unit for these four townhomes. Said that if placed in the rear yards, little area will be available as open space. . Stated that he has a problem with the mass ofthis project. . Said that in this area units typically range from 800 to 1,600 square feet while this proposal is for units at approximately 2,100 square feet. . Said that the project should be downsized in square footage and mass. . Pointed out that his tenants have problems parking on Apricot. . Suggested that this project layout be flipped so as to allow the possibility of a shared drive between this site and his adjacent property at such time that he is ready to redevelop his site. Mr. Bill Gould, Project Architect: . Agreed that a tandem parking space could be a problem in a larger, more anonymous complex. A project with four units is less anonymous and neighbors will know each other better and be more courteous and cooperative. . Pointed out that if the two tandem spaces are assigned to the same unit there will be no problems being locked in. . Explained that there will be no air-conditioning units installed and therefore no condenser units to place within the yard spaces. Planning Commission M....ites of November 13,2001 Page 4 . Stated that today's buyers are more interested in internal square footage as opposed to outdoor yard space requiring maintenance. There is a market for this type of unit. . Said that they will utilize decorative pavers for the hardscape and the provision of generous porches provides additional outdoor space to these four units. . Pointed out that they are now meeting the City's parking requirements with this project and reminded that their use of the site is undersized per the City guidelines. Commissioner Hernandez asked Mr. Gould about the suggestion for flipping the orientation of the site as proposed by Mr. Hanleigh. Mr. Bill Gould replied that there is a natural break in the street trees for the proposed driveway access that does not occur if the project were to be flipped. However, it does not appear that flipping the project would adversely affect the site layout. Commissioner Alderete pointed out that per the previous meeting, the project is not being flipped due to a privacy intrusion on other properties. Commissioner Gibbons: . Stated that as designed, these units will not create privacy impacts because the second story elevations that overlook neighboring properties have closets running along that wall as well as frosted glass bathroom windows rather than larger windows. . Asked Mr. Gould if the alternate site plan has an impact on the rear yard spaces. Mr. Bill Gould replied that one yard is reduced from 10 feet to five feet in width while the second will remain 10 feet wide. Mr. Steve Cusella, Applicant, 871 Apricot Avenue, Campbell: . Pointed out that the footprint of this project is almost exactly the same as that of his project next door. . Said that he has discussed with his attorney the possibility of stipulating within the CC&Rs that no roommates are permitted in these units and that each unit may only be occupied by a single-family. Additionally, they can stipulate that exterior parking is limited to visitors only. Unauthorized cars can be towed off site. . Stated that he performed a parking survey on his street and found that the most impact occurs nearer to Union Avenue, along which there are numerous apartment buildings. . Agreed that the parking on Apricot is tight but that his project would not adversely impact parking on this street. . Declared that he was not interested in building apartments. Mr. Steve Hanleigh: . Said that he has been a realtor for the last 32 years and finds that a four-unit project is too small to self-police itself. . Stated that adequate parking needs to be provided on site and that he would love to see this project go forward with adequate parking. . Said that flipping the site layout could help with future development. Chair Francois closed the Public Hearing for Agenda Item No.1. Planning Commission M. Jtes of November 13,2001 Page 5 Commissioner Gibbons: . Said that this project has lots of wonderful things going for it including excellent design and the very good intentions of the applicant. . Added that despite that fact, she cannot support this proposal due to the mass of the buildings and the limited amount of open space with minimal on-site landscaping provided. . Stated that this project is just too much for too small an area and that she would not have held up the project only with parking concerns. Other issues also prevent her support. Commissioner Doorley: . Said that the applicant could easily build a five-unit apartment complex on site with less required parking. . Added that the applicant has responded to the concerns of the Commission raised at the last hearing. . Said that he would be supportive of this project either as is or with the flipping of the site plan if that is found to be necessary by the Commission. Commissioner Gibbons asked staff to identify the setback standards for R-3 Zoning. Ms. Darcy Smith replied five feet for rear and side yard setbacks for a single story structure. The side yard setback for a two-story structure is a minimum of five feet or half the wall height whichever is greater. The front setback is 15 feet. The allowable building coverage is the same. Commissioner Gibbons asked if this project complies with R-3 setbacks. Ms. Darcy Smith replied no. The side yard setbacks do not comply with R-3 requirements because the second story that is not recessed resulting in a setback that is less than would be required under the R-3 Zoning. Chair Francois: . Said that this is a townhome development for which livable square footage is more important than available yard space. . Pointed out that he owns a similar unit in Santa Rosa. . Said that he will support this proposal since the applicant has come up with the deficient parking space. Motion: Upon motion of Commissioner Doorley, seconded by Commissioner Hernandez, the Planning Commission took the following action: 1. Adopted Resolution No. 3394 recommending that Council approve a Zone Change (PLN2000-45) from R-3 to PD; 2. Adopted Resolution No. 3395 recommending that Council approve a Planned Development Permit (pLN2000-46) to allow the construction of four townhome units, with the added requirement to widen the parking stalls from eight feet to nine; 3. Adopted Resolution No. 3396 recommending that Council approve a Tentative Subdivision (PLN2001-81) to create five lots; and Planning Commission rv., Jtes of November 13, 2001 Page 6 4. Adopted Resolution No. 3397 recommending that Council approve a Tree Removal Permit (PLN2001-118) to allow tbe removal of five trees; On property located at 861 Apricot Avenue, by tbe following roll call vote: AYES: Alderete, Doorley, Francois, Hernandez and Leonard NOES: Gibbons ABSENT: Jones ABSTAIN: None Chair Francois advised that this application will be considered by Council for final approval at its meeting of January 2, 2002. ... Chair Francois read Agenda Item No.2 into the record. 2. PLN2001-116 Shock, H. Public Hearing to consider the application of Ms. Heather Shock, on behalf of Light Bodies, for approval of a Conditional Use Permit (PLN200 1-116) to allow a holistic wellness center/massage establishment within an existing office building on property located at 1550 S. Winchester Boulevard in a C-PD (CondominiumlPlanned Development) Zoning District. This project is Categorically Exempt. Planning Commission decision final in 10 days, unless appealed in writing to the City Clerk. Ms. Stephanie Willsey, Planner I, presented the staff report as follows: . Advised that this application is for a Conditional Use Permit to allow the establishment of a holistic wellness and massage establishment. . Informed that the applicant has worked at Innovators Beauty Salon for the last three years and is seeking an approval that will allow her to establish smaller and later grow her business to a maximum of 1,000 square feet of space at this site. . Added that one condition requires the applicant to submit a written application to the Police Department for approval to establish a massage establishment. The Police Department has indicated that they have no concerns. . Said that as there are no proposed architectural changes, SARC did not review this proposal. . Said that the existing parking for this site exceeds the requirements. . Concluded by stating that staff is recommending approval of this application. Chair Francois opened the Public Hearing for Agenda Item No.1. Chair Francois closed the Public Hearing for Agenda Item No.1. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Leonard, the Planning Commission adopted Resolution No. 3398 approving a Conditional Use Permit (PLN2001-116) to allow a holistic wellness center/massage establishment on property located at 1550 S. Winchester Boulevard, by the following roll call vote: ,.\,..o~. CA-'I1A<9 !::: ~ U r- 0 0 ... .\. 1- "- (' (.' 'O~CHp..\lO' PLN2000-45 (ZC) PLN2000-46 (PD) PLN2001-81 (TS) PLN2001-118 (TRP) Cusella, S. ITEM NO.1 ST AFF REPORT - PLANNING COMMISSION MEETING OF NOVEMBER 13, 2001 Public Hearing to consider the applications of Mr. Stephen Cusella to allow the following on property located at 861 Apricot Avenue in an R-3-S (Multiple Family Residential) Zoning District: a) A Zone Change from R-3-S (Multiple Family Residential) to P-D (Planned Development); b) A Planned Development Permit to allow the construction of four (4) townhomes; and c) A Tentative Parcel Map to create four (4) residential parcels and a common lot for access; and d) A Tree Removal Permit to allow removal of five trees. ST AFF RECOMMENDATION That the Planning Commission take the following actions: I. Adopt a Resolution incorporating the attached findings, recommending that the City Council approve a Zone Change from R-3-S (Multiple Family Residential) to P-D (Planned Development); 2. Adopt a Resolution incorporating the attached findings, recommending that the City Council approve a Planned Development Permit to allow the construction of four (4) townhomes, subject to the attached Conditions of Approval; 3. Adopt a Resolution incorporating the attached findings, recommending that the City Council approve a Tentative Parcel Map, subject to the attached Conditions of Approval; and 4. Adopt a Resolution, incorporating the attached findings, recommending that the City Council approve a Tree Removal Permit, subject to the attached Conditions of Approval. ENVIRONMENTAL DETERMINATION This project is categorically exempt under Section 15303 Class 3 (b) of the California Environmental Quality Act (Section et seq. of the California Public Resources Code) pertaining to New Construction of Small Structures; therefore, no environmental action is required. Class 3(b) includes duplexes and similar structures designed for not more than six dwelling units in urbanized areas. PROJECT DATA Gross Lot Area: Net Lot Area: .29 acres 12,660 square feet 10,573 square feet .24 acres Staff Report - Planning CommIssion Meeting of November 13,2001 PLN2000-45 and -46, and PLN2001-81 and -118 - 861 Apricot Avenue Page 2 Project Density: Site Utilization: Building Coverage: Landscape Coverage: Paving Coverage: Floor Area Ratio (FAR): Parking: Provided: Required: Size: Units Summary Unit A Unit B, C & D 13.8 units per gross acre 45% 20.3% 34.7% 4,763 square feet 2,143 square feet 3,667 square feet 8,305 square feet .78 14 parking spaces (8 covered, 6 uncovered) 3. 3.5 Spaces/ Unit 37 % compact 14 parking spaces (8 covered, 6 uncovered) 3.5 Spaces/ Unit Maximum 40% compact 9 full-size, 5 compact 3 BR/2.5 BA 3 BR/2.5 BA 2,076 sq. ft.+ 400 sq. ft. garage + 267 sq. ft. porch 2,076 sq. ft.+ 400 sq. ft. garage + 162 sq. ft. porch Adjacent Land Uses North: Residential Condominiums South: Residential Condominiums East: Townhouses West: Single- family Residence BACKGROUND Continuation: This application was continued from the previous Planning Commission meeting of October 30, 2001 so that the full Commission could hear this item. The four Commissioners present voted 2-2 to recommend approval of the project to the City Council and did not want to change the recommendation or forward the item with no recommendation. The Planning Commission subsequently voted 4-0 to continue the item to the November 13th meeting. The main concern of the Commissioners who voted against recommending approval of the project was the parking deficiency of one space since there were no extenuating circumstances on the site. The applicant has provided a revised site plan that provides one additional parking space to meet the parking space requirement of 3.5 spaces per unit (see parking analysis for additional details ). Applicant's Proposal: The applicant, Stephen Cusella, is requesting approval of a Zone Change (PLN2000-45) from a R-3-S (Multiple Family Residential) to a P-D (Planned Development) zoning designation; a Planned Development Permit (PLN2000-46) to allow the construction of four (4) townhomes; a Tentative Parcel Map (PLN2001-81) to create four (4) residential parcels and one (1) common lot for access; and a Tree Removal Permit (PLN2001-118) to allow removal Staff Report - Planning Commission Meeting of November 13, 200 I PLN2000-45 and -46, and PLN200 1-81 and -118 - 861 Apricot Avenue Page 3 of five trees on property located at 861 Apricot Avenue. The subject property is located on the north side of Apricot Avenue, two parcels east of its intersection with Union Avenue. Background: The project site currently has a single-family house and detached garage, which would be demolished for this project. ANAL YSIS General Plan Designation: The General Plan land use designation for the project site is High Density Residential (21-27 units per gross acre). Based on the gross lot area and a maximum density of 27 units per gross acre, seven units could be constructed on the site with a Planned Development Permit. The proposed project will be developed at a density of 13.8 units per gross acre, which is 51 percent of the maximum permitted density for the site. The City does not have a policy requiring residential projects to meet the minimum permitted density. Therefore, the proposed project is consistent with the General Plan. Zoning Designation: The zoning designation for the project site is R-3-S (Multiple Family Residential). Under the R-3 zoning designation, a maximum of five (5) apartment units could be constructed on the project site, if all other development standards (i.e. open space, parking, etc.) could be met. The applicant is requesting approval of a zoning designation change from a R-3-S to a P-D zoning designation to allow for the development of four townhome units, each to be constructed on individual lots. The zone change does not affect the maximum density range allowance for the property, but does allow for the separate ownership of units as opposed to the development of multiple units on a single lot (i.e. rental apartments). Site Plan: The site plan proposes the construction of four (4) townhomes each on individual lots. All of the residences take vehicular access by a 20-foot wide two-way colored stamped concrete common driveway running along the eastern property line. Ten feet of right-of-way dedication along Apricot Avenue will be required to accommodate a thirty (30) foot half street; however, Apricot A venue will maintain its current pavement width. The sidewalk will be widened to provide a five-foot sidewalk. The remaining dedicated area will consist of landscaping and fencing. The residential unit facing Apricot Avenue is set back 15 feet 6 inches from the front property line, or 23 feet from the back of the sidewalk. The front yard would be landscaped and a picket fence will screen the front parking space. At the Planning Commission hearing on October 30, one Commissioner suggested reversing the site plan so that the driveway runs along the western property line in order to provide for the possibility of a shared driveway if the adjacent property is redeveloped. This might also allow for additional on-site parking spaces because the driveway width could be reduced if it were shared with the adjacent property. However, this proposal may not be feasible if the adjacent property does not redevelop or if a shared driveway will not provide an optimal site layout. Furthermore, the rear of the units A and B would face the rear of the adjacent townhome units and would have adverse privacy and noise impacts since the windows and rear yard area would face each other. Architecture: The proposed townhouse development consists of two two-story buildings with well-articulated features. The craftsman style residences have a wood siding exterior on all four Staff Report - Planning Commission Meeting of November 13,2001 PLN2000-45 and -46, and PLN200 1-81 and -118 - 861 Apricot Avenue Page 4 elevations and hipped and gabled roofs with composition shingles. The most unique feature of the residences are large front porches with decorative stucco columns, wooden railings and a gabled roof. All elevations have a two foot four inch base of river rock. A variety of rectangular windows shapes and sizes are presented on the elevations. The applicant proposes two exterior paint shades of moss green and light apricot that complement each other and create a striking appearance. Door and wood trims are shown as an off-white color. Composition shingle roofing will be used for both buildings in a dark brown shade. Although the proposed craftsman style is not predominant in the neighborhood, it is compatible with the range of architectural styles in this area and is similar to new developments in the Campbell area. The overhangs of the buildings are permitted to project into a setback an amount equal to one- third of the total setback distance pursuant to the Uniform Building Code. For example, a 20-inch overhang would be permitted with a five-foot building setback. The Zoning Code does not permit architectural features within three feet of the property line. Although the site plan depicts overhangs that appear to exceed this amount, the Architect has stated that the length of the overhangs will be in compliance with the UBC requirements. Open Space: Each of the units has a private rear yard with a depth ranging from five feet to ten feet. Proposed landscaping will occupy approximately 20.3% of the project site. The average area of open space for each unit is 350 square feet, which excludes the front yard area. The front porches on each of the units provide additional open space area ranging from 162 square feet to 267 square feet. There is no specific open space requirement for townhomes or residential developments in the Planned Development zoning district. However, the most comparable open space requirement is for condominiums, which requires three hundred square feet per dwelling unit. Single-family residences, which are on parcels at least 6,000 square feet in size, must provide 750 square feet of open space. Staff finds that the proposed open space area for the proposed development is sufficient to meet the open space demands of the residents. Landscaping: The preliminary planting plan shows the installation of five (5) 24-inch box trees, seven 15-gallon trees and numerous shrubs along the east side of the property adjacent to the driveway, in the front yard of unit A, and near the entrances to units B, C and D. Groundcover and new and existing trees will provide landscaping in the rear yards of units C and D. Tree Removal: Five trees that are protected under the City's Tree Protection Ordinance are proposed for removal in conjunction with the proposed project. These include a Deodar Cedar (7'2" DBH), Blue Spruce (4' DBH), Red Cedar (7' 5" DBH), Alder (2' 4" DBH), and a Box Alder (3' 2" DBH). A Certified Arborist examined the trees on the property and prepared a report that is Attachment No. 10. The size and location of the Deodar Cedar and Blue Spruce trees in the center of the project site would preclude redevelopment of the site if the trees were to be required to remain. Staff Report - Planning Commission Meeting of November 13,2001 PLN2000-45 and -46, and PLN200 1-81 and -118 - 861 Apricot Avenue Page 5 The health of the trees and the structural integrity would be significantly compromised if constructed occurred around the tree due to the severity of root pruning and soil compaction required to facilitate redevelopment. Staff finds that the Deodar Cedar and Blue Spruce restricts the economic enjoyment of the property or creates an unusual hardship for the property owner by severely limiting the use of the property in a manner not typically experienced by owners of similarly zoned and situated properties. The Red Cedar tree has been deemed a fire hazard by a Certified Arborist and can potentially cause substantial damage to the proposed residential buildings. The Alder tree is predominantly dead based on an analysis by a Certified Arborist. The Box Elder tree has been determined to have structural decay and a visible conk and presents a danger of falling. The proposed tree replacement requirement of five (5) 36-inch box size trees is consistent with the requirements of the Tree Protection Ordinance. The proposed replacement trees are required to continue the diversity of tree species found in the community. Condition of Approval No.2 of the Planned Development Permit (PLN2000-46) requires the submittal of a final landscape plan to be reviewed and approved by the Community Development Director. Parking: The revised site plan provides a total of 14 off-street parking spaces. The five compact spaces provide for 36 percent of the total spaces, which falls below the 40 percent maximum allowed for compact spaces. Each unit has a full-size two-car garage. There are six exterior common spaces on the site. The revised site plan provides 3.5 spaces per unit, which meets the parking requirement. Apricot Avenue has parking only on the north side of the street due to limited pavement width. The revised site plan provides an additional tandem space (which is allowed with two-family dwellings) north of Unit B. This space is the minimum size of a compact space and provides adequate back-up distance for the garage of Unit C. Draft Declarations of Restrictions are included as attachment no. 11 that restricts use of the twO- car garage to the storage of vehicles only. The owners or tenants of the units would not be permitted to park their cars elsewhere on the property other than in the garage. The Homeowners Association would be responsible for enforcement of these restrictions. Tentative Parcel Map: The applicant is requesting approval of a Tentative Parcel Map to subdivide the property into four (4) residential lots and one common lot for an access driveway. Prior to recordation of the final Parcel Map and issuance of any building permits, the applicant shall provide draft Covenants, Conditions and Restrictions.(CC&Rs) which provide for the formation of a homeowner's association to ensure the long-term maintenance of the access driveway and associated landscaping. Condition of Approval No.4 (PLN2000-46) requires that the applicant submit the draft CC&Rs for review and approval by the Community Development Director and City Attorney. Site and Architectural Review Committee: The Site and Architectural Review Committee reviewed this development project at its meeting of October 9, 2001 and was supportive of the architectural design of the proposed project; However, they expressed concern about the lack of one parking space required on the site to meet the parking requirement of 3.5 spaces per unit. Staff Report - Planning Comrmssion Meeting of November 13,2001 PLN2000-45 and -46, and PLN200 1-81 and -118 - 861 Apricot Avenue Page 6 Attachments: I. Findings Recommending Approval of File No. PLN2000-45 (Zone Change). 2. Findings Recommending Approval of File No. PLN2000-46 (Planned Development Permit). 3. Findings Recommending Approval of File No. PLN2001-81 (Tentative Parcel Map). 4. Findings Recommending Approval of File No. PLN2001-118 (Tree Removal Permit). 5. Conditions of Approval for File No. PLN2000-46 (Planned Development Permit). 6. Conditions of Approval for File No. PLN2001-81 (Tentative Parcel Map). 7. Conditions of Approval for File No. PLN2001-118 (Tree Removal Permit). 8. Site Plans and Elevations, including Revised Site Plan. 9. Tentative Parcel Map and Preliminary Grading Plan. 10. Arborist Report. 11. Draft Declarations of Restrictions. 12. Comment Letter from Joyce de Rossett, property owner and resident at 862-B Apricot A venue. 13. Comment Letter from Steve Hanleigh, property owner of825 and 845 Apricot Avenue. 14. Comment Letter from Susan Deason, property owner and resident at 848-F Apricot Avenue. 15. Planning Commission Meeting Minutes from October 30,2001 16. Location Map. Prepared by: ~a.r ~ -SrvtJi1v Darcy Smit , Planner II Approved by: Attachment #1 FINDINGS RECOMMENDING APPROVAL OF FILE NO PLN2000-45 (ZONE CHANGE) SITE ADDRESS: APPLICANT: P.C. MEETING: 861 Apricot Avenue Stephen Cusella November 13, 2001 Findings for the Planning Commission to approve a Zone Change to allow the rezoning from R-3-S (Multi-family Residential) to P-D (Planned Development). The Planning Commission finds as follows with regard to File No. PLN2000-45: I. The proposed Planned Development zoning is consistent with the General Plan land use designation of High Density Residential for the site. 2. The proposed density of 13.8 units per gross acre is less than the density allowance of21-27 units per gross acre permitted in the High Density Residential General Plan land use designation. 3. Up to five (5) apartment units could be constructed in an R-3-S Zoning District, where four (4) single-ownership townhomes are proposed in the Planned Development District. 4. The zoning designation change from R-3-S to P-D does not affect the maximum density range allowance for the property. 5. The zoning designation change from R-3-S to P-D allows for the separate ownership of units as opposed to the development of multiple units on a single lot (i.e. rental apartments). Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: I. The proposed development and uses will clearly result in a more desirable environment and use of the land than would be possible under any other zoning classification. 2. 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. 3. The proposed development will not result in allowing more residential units than would be allowed by other residential zoning districts which are consistent with the General Plan land use designation of the property; and 4. The proposed zoning designation change will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. Attachment #2 FINDINGS RECOMMENDING APPROVAL OF FILE NO PLN2000-46 (PLANNED DEVELOPMENT PERMIT) SITE ADDRESS: APPLICANT: P.c. MEETING: 861 Apricot Avenue Stephen Cusella November 13, 2001 Findings for the Planning Commission to approve a Planned Development Permit to allow the construction of four (4) townhomes. The Planning Commission finds as follows with regard to File No. PLN2000-46: 1. The proposed density of 13.8 units per gross acre is less than the density allowance of21-27 units per gross acre permitted in the High Density Residential General Plan land use designation. 2. The proposed project is consistent with the General Plan. 3. The proposed project is consistent with the Planned Development Zoning Ordinance. 4. The site plan proposes the construction of four (4) townhomes each on individual lots. All of the residences take vehicular access by a 20-foot wide two-way colored stamped concrete common driveway running along the eastern property line. The front yard will be landscaped and a picket fence will screen the front parking space. Each of the units has a private rear yard with a depth ranging from five feet to ten feet. Proposed landscaping will occupy approximately 16.5% of the project site. 5. The project provides 13 on-site parking spaces, where 14 spaces are required. 6. The completed project would consist of four (4) new townhomes covering 45% of the lot with building, 38.5 % with paving, and 16.5% with landscaping. 7. The project will have a floor area ratio of .78. 8. The proposed project is surrounded by other residential uses, with residential condominiums to the north and south, townhomes to the east, and a single-family residence to the west. 9. The proposed massing and design is consistent with other developments in the surrounding area. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. 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. Findings for Approval PLN2000-46 (Planned Development Permit) - 861 Apricot Avenue Page 2 2. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 3. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts ofthe project. Attachment #3 FINDINGS RECOMMENDING APPROVAL OF FILE NO PLN2001-81 (TENTATIVE PARCEL MAP) SITE ADDRESS: APPLICANT: P.C. MEETING: 861 Apricot Avenue Stephen Cusella November 13, 2001 Findings for the Planning Commission to approve a Tentative Parcel Map to allow the establishment of five (5) lots on property located at 861 Apricot Avenue. The Planning Commission finds as follows with regard to File No. PLN200 1-81 : I. The proposed creation of four residential parcels and one common access parcel is consistent with the General Plan. 2. The proposed Parcel Map is consistent with the Planned Development Zoning Ordinance. 3. The provisions of the CC&Rs are necessary to ensure the long-term maintenance of the common driveway and associated landscaping. 4. The tentative parcel map has been distributed to local agencies, including Pacific Gas and Electric, AT &T Broadband, 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 parcels. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: I. The proposed tentative parcel map is consistent with the General Plan. 2. The proposed tentative parcel 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 parcel map provides, to the extent feasible, for future passive or natural heating and cooling opportunities. 4. The development and uses would 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. Attachment #4 FINDINGS FOR APPROVAL OF FILE NO PLN2001-118 (TREE REMOVAL PERMIT) SITE ADDRESS: APPLICANT: P.c. MEETING: 861 Apricot Avenue Stephen Cusella November 13, 2001 Findings for Approval of a Tree Removal Permit to allow the removal of five (5) protected trees. Based on the evidence presented, the Planning Commission finds as follows with regard to File No. PLN2001-118: I. The proposed Tree Removal Permit is consistent with the Planned Development Zoning Ordinance and the General Plan High Density Residential land use designation. 2. The proposed tree replacement requirement of five (5) 36-inch box size trees is consistent with the requirements of the Tree Protection Ordinance. 3. The proposed replacement trees will be a sufficient replacement for the trees to be removed and will continue the diversity of tree species found in the community. 4. The size and location of the Deodar Cedar and Blue Spruce trees in the center of the project site would preclude redevelopment of the site if the trees were to be required to remain. The health of the trees and the structural integrity would be significantly compromised if constructed occurred around the trees due to the severity of root pruning and soil compaction required to facilitate redevelopment. 5. A Certified Arborist has deemed the Red Cedar tree a fire hazard. 6. The Alder tree is predominantly dead based on an analysis by a Certified Arborist. 7. The Box Elder tree has been determined to have structural decay and a visible conk according to a Certified Arborist. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: I. The retention of the Deodar Cedar and Blue Spruce trees restricts the economic enjoyment of the property or creates an unusual hardship for the property owner by severely limiting the use of the property in a manner not typically experienced by owners of similarly zoned and situated properties, and the applicant has demonstrated to the satisfaction of the Planning Commission that there are no reasonable alternatives to preserve the trees. 2. The Red Cedar tree can potentially cause substantial damage to the proposed residential buildings, and the applicant has demonstrated to the satisfaction of the Planning Commission that this potential damage cannot be controlled or remedied through reasonable relocation or modification of the structure or utility services. 3. The Alder and Box Elder trees present a danger of falling, and the applicant has demonstrated to the satisfaction of the Planning Commission that this danger cannot be controlled or Findings for Approval PLN2001-118 (Tree Removal Permit) - 861 Apricot Avenue Page 2 remedied through reasonable preservation and/or preventative procedures and practices such that the public health and safety requires its removal. 4. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. Attachment #5 CONDITIONS OF APPROVAL FOR FILE NO. PLN2000-46 (PLANNED DEVELOPMENT PERMIT) SITE ADDRESS: APPLICANT: P.C. MEETING: 861 Apricot Avenue Stephen Cusella November 13, 2001 The applicant is hereby notified, as part of this application, that (s)he is required to meet the following conditions in accordance with the ordinances of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. 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 items under review. Additionally, the applicant is hereby notified that (s)he 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 Planninf! Division 1. Approved Project: Approval is granted to construct four (4) townhomes. The building designs and site design shall substantially conform to the project exhibits listed below, except as may be modified by the Conditions of Approval herein: a. Set of plans prepared by Bill Gould Design received on September 27, 2001, including building elevations, site plan, and a conceptual planting plan. b. Color elevations and materials board submitted by Bill Gould Design on September 27, 2001. c. Tentative Parcel Map prepared by Kirkeby Engineering submitted on September 27, 2001. d. The Planned Development Permit approval shall expire and be void one year from the date of final approval, unless, a building permit is obtained. Construction must be completed one year thereafter or the Planned Development Permit shall be void. 2. Landscaping: The applicant shall submit four sets of landscape and irrigation plans to the Planning Division, prior to the issuance of building permits, for review and approval by the Community Development Director for compliance with all applicable conditions of approval, ordinances, laws and regulations. a. Landscape and irrigation plans shall be consistent with the Conceptual Landscape Plan already submitted and the City's Water Efficient Landscaping Standards (WELS). b. In addition to the trees shown on the preliminary planting plan, five (5) 36-inch box trees shall be required as a replacement for the five (5) protected trees that are proposed for removal. Conditions of Approval PLN2000-46 (Planned Development Permit) - 861 Apricot Avenue 3. Parking and Driveways: a. All parking and driveway areas shall be developed in compliance with Chapter 21.50 of the Campbell Municipal Code. b. The applicant shall provide colored stamped concrete within the driveway and uncovered parking spaces. The design and to be used for the colored stamped concrete shall be reviewed and approved by the Community Development Director prior to issuance of building permits for the project. 4. Covenants. Codes and Restrictions (CC&Rs): The applicant shall be required to submit for review and approval by the City Attorney and Community Development Director a copy of the CC&Rs which shall include the following: a. Formation of a homeowner's association to ensure the long-term maintenance of buildings and properties. 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, including the driveway. d. Provision of a funding mechanism to ensure maintenance and upkeep of common areas and shared building walls and roofs to be repaired, repainted, and/or replaced as necessary. e. Provision for the availability of interior garage space for the parking of two (2) vehicles (measuring 20 feet wide and 20 feet deep) at all times. f. Provision to prohibit use of uncovered parking spaces for outdoor storage purposes. 5. Park Impact Fee: A park impact fee of$6,615 per unit is due upon development of the site. Credit in the amount of $10,990 will be given for the existing single-family residence. Prior to recordation of the final parcel map, 75% of this fee is due. The remaining 25% is due prior to issuance of a certificate of building occupancy. 6. Fences: Any newly proposed fencing shall comply with Section 21.59.090 of the Campbell Municipal Code and shall substantially comply with the fence detail dated September 27, 2001 provided on the Woodwork and Landscape Paving Plan; however, the maximum height of fencing within fifteen feet from the front property line is 42 inches. The Woodwork and Landscape Paving Plan shall reflect the new front property line after the required street right- of-way dedication. 7. Property Maintenance: The property is to be maintained free of any combustible trash, debris and weeds until the time that actual construction commences. All existing structures shall be secured by having windows boarded up and doors sealed shut, or be demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). 8. Utility Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to installation of PG&E utility (transformer) boxes and San Jose Water Company back-flow preventers, indicating the location of the boxes and screening (if the boxes are above ground) for approval by the Community Development Director. Conditions of Approval PLN2000-46 (Planned Development Permit) - 861 Apricot Avenue 9. 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. 10. On-site Fire Hydrant: Applicant shall pursue location of the required fire hydrant on private property (within approximately ten feet of the street) within the planting strip on the eastern property line. Decorative bollards shall be installed to prevent damage to the fire hydrant. Design of the bollards shall be subject to review and approval by the Community Development Director. Buildine Division: 11. Permits Required: A building permit application shall be required for each proposed new structure. The building permit shall include ElectricallPlumbing/Mechanical fees when such work is part of the permit. 12. 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. 13. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 14. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 15. 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. 16. Site Plan: 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. 17. 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 wall 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 Attachment #6 CONDITIONS OF APPROVAL FOR FILE NO. PLN2001-81 (TENTATIVE PARCEL MAP) SITE ADDRESS: APPLICANT: P.c. MEETING: 861 Apricot Avenue Stephen Cusella November 13, 2001 The applicant is hereby notified, as part of this application, that (s)he is required to meet the following conditions in accordance with the ordinances of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. 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 items under review. Additionally, the applicant is hereby notified that (s)he 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 Planninl! Division 1. Approved Project: Approval is granted for a Tentative Parcel Map to create four (4) residential parcels and a common lot for access. The Tentative Parcel Map shall substantially conform to the Tentative Parcel Map prepared by Kirkeby Engineering submitted on September 27,2001. 2. Covenants. Codes and Restrictions (CC&Rs): The applicant shall be required to submit for review and approval by the City Attorney and Community Development Director a copy of the CC&Rs which shall include the following: a. Formation of a homeowner's association to ensure the long-term maintenance of buildings and properties. Continued architectural controls to ensure the architectural integrity of the project. Definition of common areas to be maintained and provision of maintenance for these areas, including the driveway. b. c. d. Provision of a funding mechanism to ensure maintenance and upkeep of common areas and shared building walls and roofs to be repaired, repainted, and/or replaced as necessary. Provision for the availability of interior garage space for the parking of two (2) vehicles (measuring 20 feet wide and 20 feet deep) at all times. Provision to prohibit use of uncovered parking spaces for outdoor storage purposes. e. f. Conditions of Approval p ~.~~.9 9}.~. ~..l..ÇI:~~~~tiy~_.~~~~~!~~p)=~?!~p~~?~.~Y.~~~~mm_mm 3. Park Impact Fee: A park impact fee of$6,615 per unit is due upon development of the site. Credit in the amount of $10,990 will be given for the existing single-family residence. Prior to recordation of the final parcel map, 75% of this fee is due. The remaining 25% is due prior to issuance of a certificate of building occupancy. 4. Property Maintenance: The property is to be maintained free of any combustible trash, debris and weeds until the time that actual construction commences. All existing structures shall be secured by having windows boarded up and doors sealed shut, or be demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). PUBLIC WORKS DEPARTMENT 5. Final Parcel Map: Prior to issuance of any grading or building permits for the project, the applicant shall submit a Final Parcel Map for review by the City and recordation, upon approval by the City Council. The current plan check fee is $1,215.00 plus $25 per lot. 6. Preliminary Title Report: Prior to recordation of the Final Parcel Map, the applicant shall provide a current Preliminary Title Report. 7. Right-of-Way for Public Street Purposes: Upon recordation of the Final Parcel Map, the applicant shall cause additional Right-of-Way to be granted for Public Street Purposes along the Apricot Avenue frontage to accommodate a thirty (30) foot half street. 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. Public Service Easement: Upon recordation of the Final Parcel Map, the applicant shall grant a ten (10) foot Public Service Easement on private property contiguous with the public right- of-way along the Apricot 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. 9. Easements: Upon recordation of the Final Parcel Map, the applicant shall cause Easements to be recorded for private utilities, private storm drains, reciprocal ingress and egress, etc. 10. Monumentation for Final Parcel Map: Prior to recordation of the Final Parcel Map, the applicant shall provide security guaranteeing the cost of setting all Monuments shown on the map, as determined by the City Engineer. 11. Street Improvements: Prior recordation of the Final Parcel Map, the applicant shall execute a street improvement agreement and shall cause plans for public Street Improvements to be prepared by a registered civil engineer, pay fees, 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 in accordance with all applicable conditions of approval, ordinances, laws and regulations and accepted engineering practices. The fee for a non-utility encroachment permit is $245.00. The plans shall include the following: a. Removal of the existing curb, gutter, sidewalk and driveway approach. b. Construction of new curb, gutter, sidewalk and ADA compliant driveway approach. Attachment #7 CONDITIONS OF APPROVAL FOR FILE NO. PLN2001-118 (TREE REMOVAL PERMIT) SITE ADDRESS: APPLICANT: P.C. MEETING: 861 Apricot Avenue Stephen Cusella November 13, 2001 The applicant is hereby notified, as part of this application, that (s)he is required to meet the following conditions in accordance with the ordinances of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. 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 items under review. Additionally, the applicant is hereby notified that (s)he 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 Permit: Approval is granted for a Tree Removal Permit (PLN 2001-118) to allow the removal of one (1) Deodar Cedar tree, one (1) Blue Spruce tree, one (1) Red Cedar tree, one (1) Alder Tree and one (1) Box Elder tree at 861 Apricot Avenue. This permit shall only be valid in conjunction with an approved Planned Development Permit (PLN 2000-46). 2. Replacement of Removed Tree: Five (5) 36-inch box size trees shall be required as a replacement for the five (5) trees to be removed at 861 Apricot Avenue. The location and species of this tree shall be shown on the detailed landscape and irrigation plans that shall be submitted to the Planning Division, prior to the issuance of building permits, for review and approval by the Community Development Director. The proposed replacement trees shall continue the diversity of tree species found in the community and shall be a species listed in the City's Water Efficient Landscaping Standards (WELS). Conditions of Approval ~~~~??~~~ ~ (!:~ ~ ~~~ ~y~~~ ~~ :~1YI.~p.2=~,?,~,,~p'~~?' ~~ Y.:~ ~~-- - -, - ---- ,,-, '-, c. Construction of irrigation and installation of two (2) 15 gallon London Plane (Platanus acerfolia 'Yarwood') street trees at approximately 30 feet on center. d. Installation of traffic control signing and striping as necessary. e. Installation of landscaping, fencing, pavement, and irrigation within the newly dedicated public street right-of-way. f. Construction of conforms to existing public and private improvements, as necessary. 12. Water Meter(s) and Sewer cleanout(s): Existing and proposed Water Meter(s) and Sewer Cleanout(s) shall be installed on private property behind the public right-of-way line. 13. Utilities: All new on-site Utilities shall be installed underground per Section 20.36.150 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. 14. Utility Installation Plan: Prior to issuance of building permits for the site, the applicant shall submit a Utility Installation Coordination Plan and Schedule for approval by the City Engineer for installation of street improvements and/or abandonment of all utilities. Streets which have been resurfaced within the previous 5 years will require boring and jacking for all new utility installations. Applicant shall also prepare pavement restoration plans for approval by the City Engineer prior to any utility installation or abandonment. 15. 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 10 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. 16. Storm Drain Area Fee: Prior to recordation of the Final Parcel Map, the applicant shall pay the required Storm Drain Area fee of$2,250/acre. 17. Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permitting requirements and the California Storm Water Best Management Practices handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley Water District and the City of Campbell Municipal Code regarding Storm Water Pollution Prevention. 18. Covenants, Conditions, and Restrictions: Provide copies of CC&Rs for review by the City Public Works Department prior to recordation of the Final Parcel Map. 19. Demolition: Prior to recording of the Final Parcel Map the applicant shall obtain a Demolition permit to remove any nonconforming structures. 20. Site Plan: The applicant shall provide a complete and accurate Site Plan in accordance with the Planning Division's checklist. Conditions of Approval PLN2000-46 (Planned Development Permit) - 861 Apricot Avenue 18. Title 24 Energy Compliance: California Title 24 Energy Compliance forms CF-1R and MF- 1R shall be blue-lined on the construction plans. 8Y:z X 11 calculations shall be submitted as well. 19. Special Inspections: When a special inspection is required by D.B.C. Section 1701, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permits, in accordance with D.B. C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 20. Water Pollution: 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" X 36") is available at the Building Division service counter. 21. Approvals Required: The proj ect 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: 1. Campbell Union School District (378-3405) 11. Campbell Union High School District (371-0960) 111. 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 Quality Management District (Demolitions Only) FIRE DEPARTMENT 22. Required Fire Flow: The required fire flow for this project has been calculated at 1,000 GPM at 20 psi residual pressure. The required fire flow is available from area water mains and fire hydrant(s), which are located at the required spacing. 23. Public Fire Hydrant Required: Provide one (1) public fire hydrant at a location to be determined by the Fire Department and San Jose Water Company. The hydrant shall have a minimum single flow of 1,000 GPM at 20 psi residual pressure, with spacing not to exceed 250 feet. Prior to applying for a building permit, provide civil drawings reflecting all fire hydrants serving the site. To prevent building permit delays, the developer shall pay all fees to San Jose Water Company as soon as possible. 24. 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. 25. 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 in accordance with all applicable conditions of approval, ordinances, laws and regulations, prior to the start of Conditions of Approval PLN2000-46 (Planned Development Permit) - 861 Apricot Avenue framing or delivery of bulk combustive materials. Building permit issuance may be withheld until required installations are completed, tested and accepted. 26. 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. 27. Fire Lane Marking Required: Roadways deemed necessary to facilitate emergency vehicle access, shall be identified in accordance with Fire Department Standards Details and Specification A-6 and Local Government Standards. PUBLIC WORKS DEPARTMENT 28. Final Parcel Map: Prior to issuance of any grading or building permits for the project, the applicant shall submit a Final Parcel Map for review by the City and recordation, upon approval by the City Council. The current plan check fee is $1,215.00 plus $25 per lot. 29. Preliminary Title Report: Prior to recordation of the Final Parcel Map, the applicant shall provide a current Preliminary Title Report. 30. Right-of-Way for Public Street Purposes: Upon recordation of the Final Parcel Map, the applicant shall cause additional Right-of-Way to be granted for Public Street Purposes along the Apricot Avenue frontage to accommodate a thirty (30) foot half street. 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. 31. Public Service Easement: Upon recordation of the Final Parcel Map, the applicant shall grant a ten (10) foot Public Service Easement on private property contiguous with the public right- of-way along the Apricot 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. 32. Easements: Upon recordation of the Final Parcel Map, the applicant shall cause Easements to be recorded for private utilities, private storm drains, reciprocal ingress and egress, etc. 33. Monumentation for Final Parcel Map: Prior to recordation of the Final Parcel Map, the applicant shall provide security guaranteeing the cost of setting all Monuments shown on the map, as determined by the City Engineer. 34. Street Improvements: Prior recordation of the Final Parcel Map, the applicant shall execute a street improvement agreement and shall cause plans for public Street Improvements to be prepared by a registered civil engineer, pay fees, 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 in accordance with all applicable conditions of approval, ordinances, laws and regulations and accepted engineering practices. The fee for a non-utility encroachment permit is $245.00. The plans shall include the following: a. Removal of the existing curb, gutter, sidewalk and driveway approach. b. Construction of new curb, gutter, sidewalk and ADA compliant driveway approach. Conditions of Approval PLN2000-46 (Planned Development Permit) - 861 Apricot Avenue c. Construction of irrigation and installation of two (2) 15 gallon London Plane (Platanus acerfolia 'Yarwood') street trees at approximately 30 feet on center. d. Installation of traffic control signing and striping as necessary. e. Installation of landscaping, fencing, pavement, and irrigation within the newly dedicated public street right-of-way. f. Construction of conforms to existing public and private improvements, as necessary. 35. Water Meter(s) and Sewer Cleanout(s): Existing and proposed Water Meter(s) and Sewer Cleanout(s) shall be installed on private property behind the public right-of-way line. 36. Utilities: All new on-site Utilities shall be installed underground per Section 20.36.150 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. 37. Utility Installation Plan: Prior to issuance of building permits for the site, the applicant shall submit a Utility Installation Coordination Plan and Schedule for approval by the City Engineer for installation of street improvements and/or abandonment of all utilities. Streets which have been resurfaced within the previous 5 years will require boring and jacking for all new utility installations. Applicant shall also prepare pavement restoration plans for approval by the City Engineer prior to any utility installation or abandonment. 38. 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 10 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. 39. Storm Drain Area Fee: Prior to recordation of the Final Parcel Map, the applicant shall pay the required Storm Drain Area fee of $2,250/acre. 40. Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permitting requirements and the California Storm Water Best Management Practices handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley Water District and the City of Campbell Municipal Code regarding Storm Water Pollution Prevention. 41. Covenants. Conditions. and Restrictions: Provide copies of CC&Rs for review by the City Public Works Department prior to recordation of the Final Parcel Map. 42. Demolition: Prior to recording of the Final Parcel Map the applicant shall obtain a Demolition permit to remove any nonconforming structures. 43. Site Plan: The applicant shall provide a complete and accurate Site Plan in accordance with the Planning Division's checklist.