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PD - 20 Town Homes - 2001March 22, 2005 Mr. Jeff Kusnitz, HOA Vice President 485 Sam Cava Lane Campbell. CA 95008 Re: Retention of existing Sycamore Tree Dear Mr. Kusnita: The City of Campbell in reviewing the Heritage Place townhome development required the preparation of a landscaping plan and the retention of two existing sycamore trees on this site. The Planning Division is aware of the need to adjust the grading underneath the tree at the corner of Sam Cava and Gilman Lanes by approximately 12 inches to ensure its continued health and care. The City in its approval of the landscape plan encouraged the retention of these existing Sycamore trees on site when possible. These trees are shown on an approved landscape plan and thus become a Protected Trees under Campbell's Tree Protection Ordinance. In the event that the homeowners association request removal of these trees, then a Tree Removal Permit will be required pursuantto Chapter 21.32 of the Campbell Municipal Code. A copy of the ordinance is enclosed. If you should have any question regarding the process, please contact me at 866-2144 or via e-mail at timh@cityofcampbell.com. Tim J. Haley Associate Planner encl: Tree Protection Regulations cc: Chris Neale, Core Development Geoff Bradley, Senior Planner 70 North First Street Campbell, California 95008-1436 TEL 408~866~2140 rAX 408.871.5140 1'1)1) 408.866.2790 December 2, 2003 Mr. Chris Neale Core Development 470 S. Market St. San Jose, CA 95113 Re: Heritage Place - Shingle Siding 129-147 Gilman Avenue and 477-485 Sam Cava Lane Twenty single-family townhomes Dear Mr. Neale: The Planning Division has reviewed your request for approval of a Hardishingle Straight Edge Panel for the siding on the above referenced project. Based upon a review of the approved elevations and the rendering approved by the Planning Commission and the City Council, the Community Development Director has determined that the Hardishingle Staggered Edge Panel is the more appropriate siding material that will create the desired shingle appearance depicted on the approved elevations. Thank you in advance for working with the architect and Building Division on this matter. If you have any questions regarding this determination, please contact me at (408) 866-2144 or via email at timh@ci.campbell.ca.us. Sincerely, Tim J. Haley - Associate Planner cc: Sharon Fierro, Community Development Director Steve Burch, Building Inspector Geoff Bradley, Senior Planner J:\Plan Check Letters\BLD2002-1100 II? Gilman Ave (shingle material).doc 70NorthFirstStreet. Campbell,California95008-1436. TEL408.866.2140. FAX408.871.5140. TDD408.866.2790 o<r. . CAII1 . löó> t ~ -. r' u r CAMPBELL A Å ?- '-. (' L' 'ORCHA\'-O' - ~-----------~- ~ ~ ~ ------ ~ I V CITY OF CAMPBELL Community Development Department June 23, 2003 Mr. Chris Neale Core Development! Roem Development 470 S. Market St. San Jose, CA 95113 Re: Heritage Place - Paint Colors and Brick Sample 129- 147 Gilman Avenue and 477-485 Sam Cava Lane Twenty single-family townhomes Dear Mr. Neale: The Planning Division has reviewed and approved the revised color samples for the exteriors and the brick sample for your project per your transmittal dated 3/06/03. If you have any questions regarding this approval, please contact me at (408) 866-2144 or via email at timh@ci.campbell.ca.us. SZð~ Tim J. Haley Associate Planner cc: Frank Mills, Senior Building Inspector GeoffBradley, Senior Planner J:\Plan Check Letters\BLD2002-IIOO 117 Gilman Ave (paint colors).doc 70 North First Street. Campbell, California 95008-1436 TEL 408.866.2140 FAX 408.871~5140 . T)J) 408.866.2790 February 26,2003 Mr. William Magleby, Escrow Officer Chicago Title Company 110 West Taylor Street San Jose, CA 95110-2131 Facsimile Re: Your No. 897868-WM Dear Mr. Magleby: The total Parkland Dedication Fee for Tract No. 9452 at 117 Gilman Avenue is $132,300.00 ($6,615 x 20 units). Portions of the fee have been credited, and the remaining fee is due in two stages. $ 10,990.00 Credit of one dwelling unit 2,522.96 Credit of overpayment of plan check deposit 88,459.54 Due prior to final map recordation 30.327.50 Due at building final or occupancy $132,300.00 Total Parkland Dedication Fee As you can see, $88,459.54 of the Parkland Dedication Fee needs to be paid to the City of Campbell before the final map records. The remaining $30,327.50 of the fee will be due at building final or occupancy. Please let me know if you have a question. I can be reached at (408) 866-2747. Sincerely, Lynn M. Penoyer Land Development Manager cc: Chris Neale, Core Development Tim Haley, Associate Planner Harold Housley and Ed Arango, Associate Civil Engineers 70 North First Street. Campbell, California 95008-1436 . TEL 408.866.2150 . FAX 408.376.0958 . TDD 408.866.2790 FIRE / EPARTMENT SANTA CLARA COUNTY 14700 Wjnchester Blvd.. Los Gatos, CA 95032-1818 (408) 378-4010 . (408) 378-9342 (fax) . www.sccfd.org RECEIVED FEB 0 4 ZO03 CITY OF CAMPBELL PLANNING DEPT. / February 3,2003 Mr. Chris Neale Core Development Inc. 99 North First Street, Suite 100 San Jose, CA 95113 Subject: 117 Gilman Avenue, Campbell, CA Dear Mr. Neale, This letter is to confirm our telephone conversation of today wherein we discussed the requirement for the inclusion of an automatic fire sprinkler system within the residential development. It is noted that this project has evolved over the past couple of years and the inclusion of fire sprinklers throughout the development has been a portion of the fire department requirements until this time. As currently proposed, the development includes 20 single family, attached dwellings on individual parcels of land. As indicated in your letter dated 10/24/02, the intention is that the project is for 20, fee simple town homes with property lines running between the units. A recorded, final map also indicates this same condition. The current submittal reflects proper access and water supply considerations have been previously addressed. This compliance includes the provision of adding one new public fire hydrant. If architecturally, the proposal complies with the Uniform Building Code relative to property line separation, this department would no longer have the requirement for you to install the fire sprinklers. Should you have any questions, please feel free to contact Senior Deputy Fire Marshal Tom Walsh or myself. Sincerely, / f1 /Jay-..e.-,4 #~ myne A. Hokanson Deputy Fire Marshal II Fire Prevention Division Cc: City of Campbell Building and Planning Department San Jose Water Company Organized as the Santa Clara County Central Fire Protection District Serving Santa Clara County and the communities of Campbell, Cupertino, Los Altos. Los Altos Hills, Los Gatos, Monte Sereno, Morgan Hill, and Saratoga -~~---,,---_.._.~_..__.-~_..~--~ .....', -_._--,--~' MEMORANDUM To: Harold Housley, Land Development Engineer Ed Arango, Associate Engineer Date: January 27, 2003 From: Tim J. Haley, Associate Planner Subject: Final Map - 1l7 Gilman Avenue PLN 2001-130 In response to the your request, the Planning Department has the following comments regarding the recordation of a tract map for the subdivision proposed on the subject property: Improvements Plans: 1. Please provide a copy of the improvement plans associated with this map 2. Street trees should be planted per City Standard Final Map: 1. Payment of a park dedication fee as follows: Park Dedication: Final Map (20 x $6,615) x .75 = $99,225 with a credit of $10,990 x .75 = $8,242.50 for the existing lot or a fee at final map of $90,982.50. Park Impact: At building final or occupancy (20 X $6,615) = $ 132,300.00 with a credit of one dwelling unit at $ 10,990 and a credit for payment of park dedication fees of $ 90,982.50 resulting in a park impact fee of $ 30,327.50 at building final/occupancy. 2. Review of C,C, & Rs to ensure maintenance of landscaping, common driveways, common parking and etc. cc: Geoff Bradley, Senior Planner Lynn Penoyer, Land Development Manager January 21, 2003 Mr. Chris Neale Core Development! Roem Development 470 S. Market St. San Jose, CA 95113 Re: Building Permit No. BLD2002-1100 Revised submittal 1114/03 129- 147 Gilman Avenue and 477-485 Sam Cava Lane Twenty single-family townhomes Dear Mr. Neale: The Planning Division has reviewed your revised plan submittal for the above referenced townhome project at the comer of Sam Cava Lane and Gilman A venue in light of your Planned Development Permit approval and our previous plan check letter. The following issues need to be addressed prior to the issuance of a building permit: 1. Site plan: Show the location of back flow preventers and sprinkler riser valves. Provide appropriate screening if necessary. 2. Color and Material Samples: Please submit color/material samples for the wall, trim, roof, and wainscoting. The colors/materials should be called out on the plans. Small samples of the brick veneer and roofing materials need to be submitted. It is recommended that a variation in colors be provided between buildings to minimize the impact of a "project" appearance. 3. Landscaping: Please submit a revised landscaping and irrigation plan addressing the following: Provide further details of decorative pavement treatment as shown in the motor court. Please provide patterns/colors on the plans. 4. Lighting Details: Provide lighting details per Condition No. 10 of approval. 5. Noise Analvsis: Please provide a noise analysis per Condition No. 12 of approval. 6. Contractor Contact Information: Please indicate the installation of a sign with contact information per Condition No. 13 of approval. It is recommended that an open railing be provided at the rear decks of Lots 1,5,9,10, and 14. 70 North First Street. Campbell, California 95008-1436 . TEL 408.866.2140 . FAX 408.87 t .5140 . TD) 408.866.2790 Building Permit No. BLD2l .-1100 -117 Gilman Avenue(2) Pa¡¿e 2 of 2 If you have any questions, please contact me at (408) 866-2144 or VIa email at timh@ci.campbell.ca.us. s~ \ ~ ì-Þ-r Tim J. Haley Associate Planner cc: Frank Mills, Senior Building Inspector Geoff Bradley, Senior Planner Ed Arango, Associate Engineer Richard Handlen, EDI Architecture, 510 Lawrence Expressway #105, San Francisco, CA 94l11 Gregory Lewis, Landscape Architect, 736 Park Way, Santa Cruz, CA 95065 J:\Plan Check Letters\BLD2002-IIOO 117 Gilman Ave (2).doc(2) MEMO FOR RECORD- 711 GILMAN December 4, 2002 Subject: Design of on site Storm Water Retention and Percolation at 711 Gilman. During a meeting with Maher Louis and Chris Neale on Monday, December 2, 2002, where we discussed the onsite retention and percolation of storm water for the subject project, I requested a copy of the soils report for the site. That report was delivered by Maher on Tuesday, December 3,2002. After reviewing the recommendations of the soils engineer and determining ITom the log of borings that the sub-grade of the site was sandy and silty clays to a depth of 12 to 15 feet, I called Robert Pollak, the soils engineer at T errasearch. I asked him how the permeable paving system was going to work, given the amount of water that was expected to pond on site and perk through the pavers. He said that that suggestion would not work; that the soil was almost impermeable, and that his solution was to install dry wells in various parts of the project, that would penetrate the clay layer and connect directly to the gravel beds below. I told him that I did not think that Santa Clara Valley Water District would accept dry wells, but that I would call Sue Tippits, and ask her what the District's position was on dry wells. I called her and she referred me to Bezhad Amadi, the head of the Storm Water Infiltration Permit section. I called Bezhad and discussed the concept with him. He explained that the district had not issued a dry well permit in over ten years, and that the reason was primarily due to a mandate to protect the ground water in the valley from contamination. I asked him to give me some parameters under which Core could conceivably be granted a permit. He said that he would review any proposal, but short of sand bed filters, oil separators, and other facilities that are maintenance intensive, he would not be compelled to issue a permit. In short, don't even bother. (As an aside, he was shocked that the City of Campbell was even willing to consider the use of dry wells, since Campbell gets its water ITom wells that pump ITom that very aquifer.) I met with Lynn Penoyer, and discussed the issues with her. She said that since the site is less than 5 acres, the City's position was to encourage on site filtration, retention and percolation, but allow connection to the storm system, through the use of oil/water separators and fossil filters. I will contact Joe Louis and Terrasearch and let them know the fmal determination regarding the design of the storm drainage issue.. R. Seymour Cc: Lynn Penoyer File October 22, 2002 Mr. Chris Neale Core Development! Roem Development 470 S. Market St. San Jose, CA 95113 Re: Private Street Name 117 Gilman A venue Twenty single-family townhomes Dear Mr. Neale: The Planning Division has reviewed your proposal for the name of the private driveway within your town home project. Based upon a review by appropriate safety personnel either (Heritage Place) or (Swope Place or Court) have been supported. If you have any questions, please contact me at (408) 866-2144 or VIa email at timh @ci.campbell.ca.us. Tim J. Haley Associate Planner cc: Darleen Becker, Building Counter Technician Geoff Bradley. Senior Planner Bo Chen, Assistant Engineer Paula Gallagher. Communications Supervisor J:\Plan Check Letters\Private Street Name - 117 Gilman Ave..doc 70 North First Street. Campbell, CaHfornia 95008-1436 . TEL 408.866.2140 . FAX 408.871.5140 TlJIJ 408.866.2790 October 21, 2002 Mr. Chris Neale Core Development! Roem Development 470 S. Market St. San Jose, CA 95113 Re: Building Permit No. BLD2002-1100 129- 147 Gilman A venue and 477-485 Sam Cava Lane Twenty single-family townhomes Dear Mr. Neale: The Planning Division has reviewed your plan submittal for the above referenced townhome project at the comer of Sam Cava Lane and Gilman A venue in light of your Planned Development Permit approval. The following issues need to be addressed prior to the issuance of a building permit: 1. Subdivision Map: Complete the processing and recordation of the subdivision map. Park impact fees to be paid in accordance with Condition No.6. 2. Site plan: Show the location of back flow preventers and sprinkler riser valves. Provide appropriate screening if necessary. 3. Revised elevations: Condition No.7 required the installation of a concrete roof tile and porch entrance and rafter details. The submitted elevations do not reflect a change of roof materials nor do they depict the arched porch and open rafter details depicted on the rendered elevations. Please provide additional details of trellis structures at garages, porch and stairway railings, garage doors. 4. Color and Material Samples: Please submit color/material samples for the wall, trim, roof, and wainscoting. The colors/materials should be called out on the plans. Small samples of the brick veneer and roofing materials need to be submitted. It is recommended that a variation in colors be provided between buildings to minimize the impact of a "project" appearance. 5. Landscaping: Please submit a revised landscaping and irrigation plan addressing the following: 70 North First Street. Campbell, California 95008-1436 . TEL 408.866.:2140 . FAX 408.871.5140 . TDD 408.866.:2790 Building Permit No. BLD~LlO2-1100 -117 Gilman Avenue PaRe 2 of 2 The landscape plan is based upon a prior grading and drainage plan. Please remove 2' concrete swales in rear yard area. Provide detail of decorative arbor. Please provide groundcover between units (18 and 19) and (16 and 17) and (14 and 15). Provide details of protection for all street trees and on-site trees to remain. Prior to construction protective fencing shall be in place. Please investigate if trees (11 and 12) may be retained. Provide further details of decorative pavement treatment and interlocking pavers as shown in the motor court. Please provide patterns/colors on the plans. Please review the extent of decorative picket fencing between units (4 and 5) and units (3 and 4). It is recommended that a setback be provided to the walkway between units 4 and 5. 6. Lighting Details: Provide lighting details per Condition No. 10 of approval. 7. Noise Analysis: Please provide a noise analysis per Condition No. 12 of approval. 8. Contractor Contact Infonnation: Please indicate the installation of a sign with contact information per Condition No. 13 of approval. If you have any questions, please contact me at (408) 866-2144 or VIa email at timh@ci.campbell.ca.us. Sincerely, Tim J. Haley Associate Planner cc: Frank Mills, Senior Building Inspector Geoff Bradley, Senior Planner Bo Chen, Assistant Engineer Richard Handlen, EDI Architecture, 5l0 Lawrence Expressway #105, San Francisco, CA 94l11 Gregory Lewis, Landscape Architect, 736 Park Way, Santa Cruz, CA 95065 J :\Plan Check Letters\BLD2002-11 00 117 Gilman A ve.doc To: Distribution Date: October 14,2002 From: Tim J. Haley, Associate Planner Subject: PLN 200 l-130 - ll7 Gilman Avenue - Heritage Place Please find attached the landscaping plans for an approved 20 unit towhhome project located at the corner of Sam Cava and Gilman Lanes. Your review and comments regarding the transmitted plan would be appreciated by November 1,2002. If you should have any questions regarding this the landscaping or irrigation plans, please do not hesitate to contact me at 408-866-2l44 or via e-mail at TimH@cityofcampbell.com. Distribution: Lynn Penoyer, Land Development Manager (PW) David Fox, Landscape Architectural Advisor 0'>:. . CAII1 . löó> ,¿. ~ - r- u r CAMPBELL .-I Å '5- '-. (' L' '0 . RCH A \,-0 c /u"\ U - -~-----~~~~~~--- CITY OF CAMPBELL Community Development Department September 10, 2002 Penny Dietz Development Services Chicago Title Company 6l20 Stoneridge Mall Rd. Suite l20 Pleasanton, California 94588 Re: Zoning Information 4/2-09-037.059 -117 Gilman Avenue Tract No. 9452 - 20 Townhomes Dear Ms. Dietz, In response to your request dated September 9, 2002, for information regarding the above referenced property, please be advised of the following: 1. The current zoning of the property is P-D (Planned Development) with a mixed use land use designation on the General Plan in the South of Campbell Avenue Area (SOCA) permitting the following: a. Attached residential Units (12-24 units per gross acre) b. Commercial and residential (C-3-S Downtown Business District) Zoning District c. Commercial (C-2-S General Commercial) Zoning District 3. A Planned Development Permit was approved for the referenced property per Ordinance No. 2020. The approved use is twenty townhomes (attached single-family) in six building groupings. 2. The project site is surrounding by the following land uses and zoning: Existin Use Zonin Light Industrial Buildings P-D(Planned Development) Residential and Light P-D(Planned Development) Industrial Building Light Industrial Buildings P-D(Planned Development) Light Industrial Buildings P-D(Planned Development) North South Planned Land Use Mixed Use(Residential/OfficefRetail) Mixed Use(ResidentiaVOfficefRetail) East West Mixed U se(Residential/OfficefRetail) Mixed Use(ResidentiaVOfficefRetail) If you have any questions regarding this information, please feel free to phone me at (408) 866-2144. Sincerely, ~~ Tim Haley Associate Planner enclosure: City Council Ordinance No. 2020 cc: Geoff Bradley, Senior Planner 70NorthFirstStreet. Campbell,California95008-1436. TEL408.866.2140. FAX 408.871.5140 T!)!) 408.866.2790 ..I,,~. 0 ~ . CA-11 Ad' f::: ~ u .- 0 0 ;. ,~ < c' 'O'CH.'O' City of Campbell -- Community Development Department 70 N. First Street, Campbell, CA 95008 Transmittal To: Paula Gallagher, Communications Supervisor Darleen Becker, Building Permit Technician Lynn Penoyer, Land Development Manager Tim Haley, Associate Pla~ Date: September 10, 2002 From: Subject: Pri vate Street N ame- 117 Gilman A venue PLN 2001-129 Please find attached a letter from CORE Development for a proposed street name for the private street within their 20-unit townhome development at the northeast comer of Sam Cava Lane and Gilman A venue. The Community Development Director has the authority to approve private street names in developments after consulting with appropriate emergency/communications personnel. Your review of the list and the selection of the top two or three names would be appreciated by September 20,2002. The Community Development Director is inclined to grant the name Swope Court or Place. The possible confusion with other street names of Heritage Village Lane, Hyde Drive and Payne Avenue would eliminate these other names. Attachment: Letter from Chris Neale- September 6, 2002 cc: Bernard Strojny, City Manager Sharon Fierro, Community Development Director CORE IRE CEBVl:l/) DEVELOPMENT INC. SL 2lJO2 CITY OF C PLANN/N~:~~~L September 6, 2002 Sharon Fiero Director, Community Development Department City of Campbell 70 North First Street Campbell, CA 95008 cc: Tim Haley Maher Louis RE: Heritage Place @ 117 Gilman Ave Dear Sharon: In our Final Map submittal, we have reserved the private street name. The following are, in order, our suggestions for the name: I. Heritage Place 2. Heritage Place Court 3. Swope Court 4. Swope Place 5. Hyde Court 6. Hyde Place 7. Payne Court 8. Payne Place Please let me know if none of these are acceptable and I will submit additional suggestions. We could also be assigned a name. THE HISTORIC HERROLD BUILDING (Circa 1918) 470 SOUTH MARKET STREET / SAN JOSE, CA 95113-2819 / 408.292.7841/ FAX 408292.0339 ott ' CAI11Iö j",' ~ f::: ~ U r -" >. 1- '-. (' L' 'O~CHARO' CITY OF CAMPBELL Community Development Department - Current Planning September 10, 2002 Department of Real Estate c/o Penny Dietz Subdivisions- North Chicago Title Company 2201 Broadway, Second Floor Sacramento, California 95816 Re: Zoning Information 412-09-037,059 -117 Gilman Avenue Tract No. 9452 - 20 Townhomes Dear Ms. Dietz, In response to your request dated September 6, 2002, for information regarding the above flood agency information please be advised of the following: 1. The referenced property is located in zone "C" of the Federal Emergency Management Agency Flood Insurance Rate Map dated December 7,1982 and with a community panel no. of 060338 0005 C. This area is defined as an area of minimal flooding. The project site is not located on not an existing flood plain. If you have any questions regarding this information, please feel free to phone me at (408) 866-2144. :r---w-- Tim Haley Associate Planner 70 North First Street. Campbell, California 95008-1436 . TEL 408.866.2140 . FAX 408.866.8381 . TDD 408.866.2790 , ". o<r. ' CA-11 , löó> ~ «' -. t"" U r CAMPBELL L ~'" 0 -------- ---~------- CITY OF CAMPBELL Community Development Department September 9,2002 Mr. Chris Neale Coroem Builders 470 South Market Street San Jose, CA 95113 Re: PLN 2001-129(PD), PLN 2001-130(TS), and PLN 2002-05(TRP) 117 Gilman Avenue - Twenty Townhomes Dear Mr. Neale: Please be advised that City Council has taken the following actions in regards to the above referenced townhome project. 1. Granted a Negative Declaration for the project at its meeting of August 6,2002. 2. Adopted Ordinance No. 2020 approving a Planned Development Permit at its meeting of September 5, 2002 with an effective date of October 5, 2002, and 3. Adopted Resolution No. 10072 approving a tentative subdivision map for the project at its meeting of August 6, 2002. Please do not hesitate the undersigned at (408) 866-2144, if you have questions regarding these actions. s~* Tim 1. Haley Associate Planner enclosures: Notice of Determination, Ordinance No. 2020, and Resolution No. 10072 cc: Harold Housley, Public Works Department Frank Mills, Building Division Wayne Hokanson, Santa Clara County Fire Department 70 North First Street. Campbell, California 95008-1436 . TEL 408.866.2140 . FAX 408.871.5140 . TDD 408.866.2790 MEMORANDUM To: Tim Haley sociate Planner, Community Development Dept. From: Date: Subject: Planned Development Permit (PLN 2001-129) - 117 Gilman Avenue- Coroem Builders At the regular meeting of September 3, 2002, the City Council adopted Ordinance No. 2020 approving a Planned Development Permit (PLN 2001-129) to allow the construction by Coroem Builders, of 20 townhome units, subject to the conditions of approval, for property located at 117 Gilman Avenue A certified copy of this Ordinance is attached for your records together with a copy of the letter written to Coroem Builders in follow up to the City Council's action. Please note that the Ordinance becomes effective 30 days from the date of adoption. The Ordinance will be published in the Campbell Express dated September 11, 2002. Of'C.4.1( ~. À~ !.. ~ ... 1:'" U !"" -" .. -s. ... ~. ,,' O~CHA"'" ---~-~--------,---~---~-~--~------- CITY OF CAMPBELL City Clerk's Office September 5, 2002 Mr. Chris Neale Coroem Builders 470 S. Market Street San Jose, CA 95113 Mr. Neale: At the regular meeting of September 3, 2002, the City Council adopted Ordinance No. 2020 approving a Planned Development Permit to allow the construction of 20 townhome units on property located at 117 Gilman Avenue in a Planned Development Zoning District, subject to the Conditions of Approval. 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 Tim Haley, Associate Planner, Community Development Department. Sincere}l , ,'/ / ./ /1 // / , /'(tu^-- L/? þ--~~1 Anne Bybee City Clerk Enc. cc. Tim Haley, Associate Planner 70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2117 . FAX 408.374.6889 . TOO 408.866.2790 ORDINANCE NO. 2020 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A PLANNED DEVELOPMENT PERMIT TO ALLOW THE CONSTRUCTION OF 20 TOWNHOMES ON PROPERTY OWNED BY CORE DEVELOPMENT AT 117 GILMAN A VENUE. APPUCA TION OF MR. CHRIS NEALE, ON BEHALF OF COROEM BUILDERS. FILE NO. PLN2001-129 After notification and public hearing as specified by law on the application of Mr. Chris Neale, on behalf of Coroem Builders, for approval of a Planned Development Permit (PLN2001-129), plans, elevations and development schedule to allow 20 townhome units on property located at 117 Gilman A venue in a P-D (Planned Development) Zoning District and after presentation by City Staff, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the City Council did find as follows with regard to File No. PLN2001-129: 1. The development of the proposed project will result in a use that is consistent with the General Plan land use of Medium to High Density Residential/Commercial uses for this area. 2. The development of 20 residential condominiums on the project site results in a density 15.6 units per gross acre, which is consistent with the General Plan density range of 12-24 units per gross acre shown for this site. 3. The proposed project involves the construction of 34,416 square feet of residential structures on a net lot area of 43,081 square feet. 4. The proposed project would construct six buildings groupings with 20 units on a site previously occupied by a trailer court that accommodated up to 32 recreational vehicles. 5. The completed project would consist of a 22,723 square foot building coverage or 53% of the lot, with 21 % covered by paving and 26% covered by landscaping and plaza. 6. The proposed project would have a floor area ratio (FAR) of .80. 7. The proposed project would use brick, stucco and shingle siding to construct residences in a traditional cottage style thus providing a transition to the surrounding commercial and industrial properties. 8. Buildings of mixed architectural styles surround the proposed project, with industrial developments to the north, west and east, and residential structures and industrial buildings to the south. The proposed project is well designed and is architecturally compatible with the surrounding neighborhood. 9. The applicant is providing a total of 46 parking spaces for the project. The 46 parking spaces result in a parking ratio of 2.3 parking spaces per unit, satisfying the parking requirement for residential developments located in the C-3 Zoning District and the parking required for apartment developments. 10. The proposed project is consistent with other developments in the surrounding area and is consistent with the development standards for residential uses for this neighborhood. City Council Ordinance for PLN2001-129 - 117 Gilman Avenue - 20 Townhome Units Page 2 11. There is no evidence to support a reasonable finding that a significant adverse impact to the environment would occur. Additionally, the project is not located in a particularly sensitive environment and no substantial evidence has been presented to suggest that there is a reasonable possibility that significant environmental impacts would result from the project due to unusual circumstances or from the cumulative impacts of successive projects of the same type in the same place. Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1. The proposed development and uses clearly will 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 designation of the property; and 4. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 5. No substantial evidence has been presented which shows that the project as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. 6. There is a reasonable relationship and rough proportionality between the Conditions of Approval and the impacts of the project. The City Council of the City of Campbell does ordain as follows: SECTION ONE: That this Ordinance be adopted to approve a Planned Development Permit (PLN2001-129) to allow the construction of 20 townhomes at 117 Gilman Avenue, together with the attached Exhibit "A" (Conditions of Approval), Exhibit "B" (project Plans) and Exhibit "C" (Map of Said Property). SECTION TWO: This Ordinance shall become effective thirty (30) days following its passage and adoption and shall be published, one time within fifteen (15) days upon passage and adoption in the Campbell Express, a newspaper of general circulation in the City of Campbell, County of Santa Clara. PASSED AND ADOPTED this 3rd role call vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: A TIEST: -'~') ¿L A-- Anne Bybee, City Clerk day of September , 2002, by the following Burr, Kennedy, Furtado, Watson Dean None None APPROVED: ~,MaYOr mE ro¡:¡æ(ìl"!\!G IN8TRuu'~NT IS A TRUI AND CORRf-CT cop': 0:-- THE ORIGINAL ON FILE IN THIS OhIC,,- A ES'f, A~!NEW-'EE, CITY CLERK, CITY 0 . AMPBEL~..~. r ~-~r~~~~ ~~- D'~~?"" .~.~~.~-- Exhibit "A" - Conditions of Approval for PLN2001-129 Planned Development Permit for 20 Townhomes at 117 Gilman A venue Page 1 Planned Development Permit (PLN2001-129) to allow the construction of 20 townhomes on property owned by Core Development Inc. at 117 Gilman A venue, subject to the following conditions: Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. COMMUNITY DEVELOPMENT DEPARTMENT Planning Division 1. Approved Project: Approval is granted to construct a 20-unit townhome project consisting of six buildings. 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 EDI Architecture, Inc. dated May 20, 2002, including building elevations, floor plans, site plan, and building sections. b. Color and material boards submitted by EDI Architecture, Inc. on May 20, 2002. c. Tentative Subdivision Map prepared by engineers Louis Engineering Corporation on May 30, 2002. d. Final materials, colors, and all architectural details, including window, and balcony details shall be reviewed and approved by the Community Development Director, prior to issuance of Building Permits. 2. Project Phasing: The Planned Development Permit and Tentative Map approval is valid for two years from City Council approval of the project. Within this two-year period, the applicant shall obtain building permits and shall record the Final Map. 3. Landscaping. Paving and Maintenance: a. All on-site landscaping and hardscaping shall be installed and maintained in accordance with the approved landscape plan to be reviewed and approved by the Community Development Director prior to issuance of Building Permits. Four copies of the plans to include the following: 1. Provision of 24-inch box sized trees throughout the project. 11. Landscaping of planting areas adjacent to garages shall include vertical plant materials. . IV. Transition area between proposed building and street frontages. The applicant shall provide decorative pavement including patterned or colored concrete, pavers or brick throughout the driveway areas. The design and materials 111. Exhibit "A" - Conditions of Approval for PLN2001-129 Planned Development Permit for 20 Townhomes at 117 Gilman A venue Page 2 to be used for the decorative pavement shall be reviewed and approved by the Community Development Director prior to issuance of building permits for the project. v. New street trees shall be added to provide a continuous tree planting along the street frontage as required by the Community Development Director. b. A tree protection plan shall be submitted prior to issuance of a building permit in accordance with the City's Water Efficient Landscape Standards (WELS) for street trees and any trees to be retained on site. A six-foot tall chain link fence shall be installed around each tree to be preserved prior to the commencement of any construction activity on site. c. Landscape and paving maintenance shall be an on-going responsibility of the property owner(s) and shall include routine pruning of trees and shrubs, maintenance of the automatic irrigation system and the replacement of damaged or diseased plant materials, periodic steam cleaning of walkways and removal of graffiti within twenty-four hours. 4. 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 decorative pavement throughout the vehicular driveway. The design and materials to be used for the decorative pavement shall be reviewed and approved by the Community Development Director prior to issuance of building permits for the project. c. Six parking spaces shall be designated for visitor parking. 5. 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, including restrictions on storage of items on the exterior balconies. c. Definition of common areas to be maintained and provision of maintenance for these areas, including the parking and driveway and fire access area. 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 garage space for the parking of vehicles at all times. f. Provision to prohibit the use of parking spaces for storage purposes, including boats, trailers, and recreational vehicles. Exhibit "A" - Conditions of Approval for PLN2001-129 Planned Development Permit for 20 Townhomes at 117 Gilman A venue Page 3 6. Park Impact Fee: A park impact fee of $6,615 per unit is due upon development of the townhome project. Prior to recordation of the final subdivision map, 75% of this fee is due. The remaining 25% is due prior to issuance of a certificate of building occupancy. A credit for the legally existing residential unit shall be provided consistent with the Park Impact Fee ordinance. 7. Revised Elevations: Prior to the issuance of building permits the applicant shall submit revised elevations for review and approval of the Community Development Director. Revised elevations shall depicting the following: a. The provision of a brick wainscoting or upgraded wall material at street level on the elevations. b. The installation of a concrete tile roof material versus composition shingle. c. Rafter details at the porch entrance. 8. 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). 9. Utility Boxes and Back-Flow Preventers: The applicant shall submit a plan, for the review and approval of the Community Development Director, prior to installation or relocation of PG&E utility (transformer) boxes and San Jose Water Company back-flow preventers, indicating the location of the boxes and provisions for visual screening (if the boxes are above ground). 10. On-site lightin~: 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 issuance of any Building Permits for the project. Lighting fixtures shall be of a decorative design to be compatible with the development and shall incorporate energy saving features. 11. Garbage Collection: Trash Containers of a size and quantity necessary to serve the new residences shall be in areas approved by the Fire Department and Community Development Director. All containers are to be maintained in a clean and sanitary condition. 12. Noise: Prior to issuance of Building Permits, prepare a noise analysis that models future noise conditions, including nearby industrial uses, and incorporate the recommended measures to reduce noise and vibration to the residential units to acceptable limits consistent with noise standards required in the Noise Element of the General Plan. 13. Contractor Contact Information Posting: The project site shall be posted with a minimum 16 square foot board providing the name and contact number of the lead contractor in a location visible from the public street prior to the issuance of building permits. Exhibit "A" - Conditions of Approval for PLN2001-129 Planned Development Permit for 20 Townhomes at 117 Gilman Avenue Page 4 Buildin2 Division 14. 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. 15. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 16. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in.' 17. 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. 18. 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. A licensed engineer specializing in soils mechanics shall prepare this report. 19. 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. 20. 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 comer locations 21. Title 24 Energy Compliance: California Title 24 Energy Compliance forms CF-IR and MF-IR shall be blue-lined on the construction plans. 8'12 X 11 calculations shall also be submitted. 22. 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 U.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 23. Water Pollution Control: 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. 24. AplJfOvals Required: The project requires the following agency approval prior to issuance of the building permit: Exhibit "A" - Conditions of Approval for PLN2001-129 Planned Development Permit for 20 Townhomes at 117 Gilman A venue Page 5 a. West Valley Sanitation District (378-2407) b. Santa Clara County Fire Department (378-4010) c. School District: (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.) i. Campbell Union School District (378-3405) ii. Campbell Union High School District (371-0960) iii. Moreland School District (379-1370) iv. Cambrian School District (377-2103) d. Bay Area Air Quality Management District (Demolitions Only) FIRE DEPARTMENT: 25. Formal Plan Review: Review of this developmental proposal is limited to acceptability of site access and water supply as they pertain to fire department operations and shall not be construed as a substitute for formal plan review to determine compliance with adopted model codes. Prior to performing any work, the applicant shall make application to, and receive from, the Building Department all applicable construction permits. 26. Required Fire Flow: The required fire flow for this project exceeds 2,000 gpm at 20 psi residual pressure. As an automatic fire sprinkler system will be installed, the fire flow has been reduced by 75 % establishing a required adjusted fire flow of 1,500 gpm at residual pressure. The adjusted fire flow is available from area water mains and fire hydrant(s) which are spaced at the required spacing. 27. Automatic Fire Sprinkler System Required: Buildings requiring a fire flow in excess of 2,000 GPM or, in excess of two stories or 35 feet in height, shall be protected throughout by an automatic fire sprinkler system, hydraulically designed per National Fire Protection Association (NFPA) Standard #13. 28. Public Fire Hydrant(s) Required: Provide public fire hydrant(s) at location(s) to be determined by the Fire Department and San Jose Water Company. Hydrant(s) shall have a minimum single flow of 1,000 GPM at 20 psi residual, with spacing not to exceed 500 feet. Prior to applying for building permit, provide civil drawings reflecting all fire hydrants serving the site. To prevent building permit delays, the developer shall pay all required fees to the water company ASAP. 29. Timing of Required Water Supply Installations: Installations of required fire service(s) and fire hydrants shall be tested and accepted by the Fire department, prior to the start of framing or delivery of bulk combustible materials. Building permit issuance may be withheld until required installations are completed, tested, and accepted. 30. 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. 31. On-Site Private Fire Service Mains and/or Hydrants: Installation of private fire service mains and/or fire hydrants shall conform to National Fire Protection Association (NFPA) Exhibit "A" - Conditions of Approval for PLN2001-129 Planned Development Permit for 20 Townhomes at 117 Gilman A venue Page 6 Standard #24 and Fire Department Standard Details and Specification W-2. A separate installation permit from the fire department is required. A separate installation permit from the Fire Department is required. Note: This applies to the required fire service installation for fire sprinklers. 32. Fire Apparatus (Engine) Access Roads Requirements: Provide access roadways with a paved all weather surface, a minimum unobstructed width of 20 feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 36 feet outside and 23 feet inside, and a maximum slope of 15%. Installation shall conform with Fire Department Standards Details and Specifications sheet A-I. 33. Fire Department (Engine) Roadway Turn-around Required: Provide an approved fire department engine roadway turnaround with a minimum radius of 36 feet outside and 23 feet inside. Installations shall conform with Fire Department Standard Details and Specifications sheet A-I. Cul-de-sac diameters shall be no less than 72 feet. (Noted on plans-the fire department turnaround is located at the first intersection inside the development. 34. Fire Lane Marking: Required: Roadways deemed necessary to facilitate emergency vehicle access shall be identified in accordance with Fire Department Standard Details and Specifications A-6 and Local Government Standards. 35. Timing of required Roadway Installations: Required access roads, up through first lift of asphalt, shall be installed and accepted by the Fire Department prior to the start of construction. Bulk combustible materials shall not be delivered to the site until installation is complete. During construction, emergency access roads shall be maintained clear and unimpeded. Note that building permit issuance may be withheld until installations are completed. 36. Location of Required Fire Protection System( s) Equipment: Proposed locations for fire hydrants, fire sprinkler system(s) control valves (PN/O.S&Y), fire department connections (FDC) and fire alarm equipment shall be coordinated with the fire department and the project planners prior to design. 37. 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 backgrounds. 38. Coordination with San Jose Water Company: Prior to the installation, a copy of the Fire Department "approved" underground fire service drawings shall provided to the San Jose Water Company for record purposes. To prevent engineering delays, the underground contractor shall submit to the fir department 3 sets of shop drawings designed per NFP A Std. #24, a completed permit application, and applicable fees for review and approval ASAP. 39. Conditions Included as Notes on Plans: To prevent plan review and inspection delays, the above-noted developmental review conditions shall be restated as "Notes" on all pending and future plan submittals. Exhibit "A" - Conditions of Approval for PLN2001-129 Planned Development Permit for 20 Townhomes at 117 Gilman A venue Page 7 PUBLIC WORKS DEPARTMENT 40. Final Map: Prior to issuance of any grading or building permits for the project, the applicant shall submit a Final Map for review by the City and recordation, upon approval by the City Council. The current plan check fee is $1,510.00 plus $25 per lot. 41. Preliminary Title Report: Prior to recordation of the Tract Map, the applicant shall provide a current Preliminary Title Report. 42. Public Service Easement: Prior to recordation of the Final Map, the applicant shall grant a three (3) foot Public Service Easement on private property contiguous with the public right- of-way along the Gilman and Sam Cava Avenue frontages. 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. 43. Easements: Prior to recordation of the Final Map, the applicant shall cause Easements to be recorded for private utilities, private storm drains, reciprocal ingress and egress, parking, etc., as necessary. 44. Monumentation for Final Maps: Prior to recordation of the Final map, the applicant shall provide security guaranteeing the cost of setting all Monuments shown on the map, as determined by the City Engineer. 45. Street Improvements: Prior to recordation of the Final 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 public improvements, as required by the City Engineer. The plans shall include the following: a. Removal of existing driveway approaches and replacement with curb, gutter, and sidewalk. b. Construction of ADA compliant sidewalk and 25' foot (minimum) driveway approach, as necessary. c. Installation of decorative street light(s) in accordance with the City's Street Lighting Policy. d. Refurbishment and reconstruction of the existing decorative streetlights and concrete bases to comply with current standards. e. Installation of street trees and irrigation system, as necessary. f. Grinding of pavement and installation of AC overlay because of utility construction. g. Construction of conforms to existing public and private improvements. 46. 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. 47. Soils Report: Prior to issuance of any grading or building permits for the site, applicant shall provide a Soils Report prepared by a registered geotechnical or civil engineer. 48. 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 Exhibit "A" - Conditions of Approval for PLN2001-129 Planned Development Permit for 20 Townhomes at 117 Gilman A venue Page 8 shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. 49. 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. 50. 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 1994 edition of the UBC including Chapters 18, 33, and Appendix Chapter 33. 51. Storm Drain Area Fee: Prior to recordation of the Final Map, the applicant shall pay the required Storm Drain Area fee of $2,228. 52. 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. 53. Covenants. Conditions. and Restrictions: Provide copies of CC&Rs for review by the City prior to recordation of the Final Map and CC&Rs. 54. Demolition: Prior to recording of the Final Map/Parce1 Map the applicant shall obtain a Demolition permit to remove any non-conforming structures. 55. Reapportionment of Assessments: Prior to recordation of the Final Map/Parce1 Map, applicant shall submit an application and pay fees for the Reapportionment of Assessments for the new parcel/lot configuration. REDEVELOPMENT AGENCY 56. Affordable Units: That prior to issuance of a Building Permit, the developer shall, to the satisfaction of the Redevelopment Agency establish the sales price of two units to be restricted in price and be affordable to persons who earn no more than 120% of the median income based on Santa Clara County Housing Authority income levels for Santa Clara County at the time the units are issued occupancy permits, and one unit to be affordable to persons who earn no more than 80% of the median income in Santa Clara County, for a total of three units to be made affordable in compliance with the Central Campbell Redevelopment Plan and California Community Redevelopment Law. 12. August 9 and 12, 2002 in the amount of $325,592.08; Bills and Claims checks dated August 19, 2002 in the amount of $859,652.73; Payroll related checks dated August 19, 2002 in the amount of $81,251.91; and Bills and Claims checks dated August 26, 2002 in the amount of $148,005.18; for a combined total of $1,734,361.38. 6. Monthly Investment Report - July 2002 This action is to note and file the Monthly Investment Report for July 2002. 7. Ordinance 2020 approving a Planned Development Permit (PLN2001-129) to allow the construction of 20 townhome units on property located at 117 Gilman Avenue in a PD (Planned Development) Zoning District (Second Reading/Roll Call Vote) Second reading of Ordinance 2020 approves a Planned Development Permit (PLN200 1- 129) to allow the construction of 20 townhome units on property located at 117 Gilman A venue in a PD (Planned Development) Zoning District. 8. Ordinance 2021 Approving Amendment to PERS Contract (Second Reading/Roll Call Vote) Second reading of Ordinance 2021 approves an amendment to the PERS Contract to provide the 2.5 % @ 55 retirement formula for the City's Miscellaneous Employees. 9. A ward of Contract - Hamilton A venue/Darryl Drive Traffic Signal Modification (project 02-03) (Resolution/Roll Call Vote) Resolution 10075 awards a contract to W. Bradley Electric, Inc. for construction of the Hamilton A venue/Darryl Drive Traffic Signal Modification Project (02-03). 10. Approval of Agreement with Pro Coat for Graffiti Removal (Resolution/Roll Call Vote) Resolution 10076 authorizes an agreement with Pro Coat Painting for graffiti removal. 11. Authorization to Receive Equipment Donations for the Police Department's DARE Van This action authorizes the Police Department to receive a donation of tires and wheels and a sound system for the Police Department's DARE van. Approval of Vendor Selection for Document Imaging System (Resolution/Roll Call Vote) Resolution 10077 approves the selection of ECS Imaging, Inc. as the vendor for the purchase and implementation of a Document Imaging System. Minutes of 9/3/02 City Council Meeting 3 18. 19. 13. Agreement with Campbell Union School District to Provide a Parent and Child Program to Promote English Language, Child Development, Enrichment and Family Wellness (Resolution/Roll Call Vote) Resolution 10078 authorizes an agreement with the Campbell Union School District to provide a parent education program in conjunction with their Even Start Preschool Program. 14. Authorization for the Police Department to Purchase Additional Self-Contained Breathing Apparatus Equipment This action authorizes the Police Department to dispense with the formal bid process and purchase nine self-contained breathing apparatus units from Bauer Compressors at a total cost of $26,040.36. 15. Position on Legislation - Prop. 46 (Housing and Emergency Shelter Trust Fund Act) (Resolution/Roll Call Vote) Resolution 10079 supports Proposition 46 (Housing and Emergency Shelter Trust Fund Act). 16. Approval of Carnival Permit and Waiver of Fees for St. Lucy's School This action approves a Carnival Permit and waiver of staff and permit costs for St. Lucy's School on October 4-6, 2002 subject to conditions/restrictions as stated in the Staff Report. 17. Acceptance of Public Service Easement for Parcel Map PLN 2001-141 at 1274 Walnut Avenue (Resolution/Roll Call Vote) Resolution 10080 accepts the public service easement offered for dedication on the Parcel Map for property located at 1274 Walnut Drive. Acceptance of Public Service Easement and Public Sidewalk Easement for Parcel Map PLN2002-30 at 1555, 1561, and 1573 Van Dusen Lane (Resolution/Roll Call Vote) Resolution 10081 accepts the public service easement and public sidewalk easement which are offered for dedication on the Parcel Map for property located at 1555, 1561, and 1573 Van Dusen Lane. Approval of Memorandum of Understanding with SEIU Local 715 (Resolution/Roll Call Vote) Resolution 10082 approves a Memorandum of Understanding with SEIU Local 715 for the period July 1, 2002 through June 30, 2004. Minutes of 9/3/02 City Council Meeting 4 20. Approval of Billiard Hall/Arcade Permit - 2097 S. Bascom Avenue - Champions Pool and Games This action approves the issuance of a Billiard Parlor Permit and a Semi-Arcade Permit for Champions Pool and Games located at 2097 S. Bascom A venue, subject to the pre- existing Conditions of Approval. M/S: Kennedy/Burr - that the City Council approve the Consent Calendar. Motion adopted by the following roll call vote: AYES: Councilmembers: Dean, Burr, Furtado, Kennedy, Watson NOES: Councilmembers: Dean - Item 7. ORAL REQUESTS a. Richard Pasek, 911 McGlincy Lane, Campbell, appeared before the City Council and spoke regarding the progress of his building project. b. Dina Lesser, 184 Victor Avenue, Campbell, appeared before the City Council and spoke regarding a speeding problem on Victor Avenue. Mayor Watson referred this matter to staff. PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES 21. Community Center Master Plan Improvements (Project 99-05) - Public Hearing to Consider the Substitution of a Listed Subcontractor (Resolution/Roll Call Vote) This is the time and place for a public hearing to consider the substitution of a listed subcontractor regarding the Community Center Master Plan Improvements (Project 99- 05). City Attorney Seligmann - Staff Report dated September 3, 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. M/S: Kennedy/Furtado - that the City Council adopt Resolution 10083 consenting to the substitution of an erroneously listed subcontractor for the Community Center Master Plan Improvement Project 99-05. Motion adopted by the following roll call vote: Minutes of 9/3/02 City Council Meeting 5 MEMORANDUM To: Tim Haley sociate Planner, Comm. Develop. Dept. Date: From: Subject: Planned Development Permit (PLN 2001-129); Tentative Subdivision Map (PLN 2001-130) and Tree Removal Permit (PLN 2002-05) - 117 Gilman Avenue - Application of Coroem Builders At the regular meeting of August 6, 2002, the City Council held a public hearing to consider approval of an application by Coroem Builders for a Planned Development Permit (PLN 2001-129) to allow the construction of 20 townhomes; a Tentative Subdivision Map (PLN 2001-130) to create 20 townhome lots and one common lot, and a Tree Removal Permit (PLN 2002-05) to allow the removal of 35 of 37 trees on property located at 117 Gilman Avenue in a PD Zoning District. The City Council took the following action: 1. Granted a Negative Declaration for the project. 2. Gave first reading to Ordinance 2020 approving the Planner Development Permit (PLN 2001-129) to allow the construction of 20 townhome units at the subject property, incorporating findings and subject to the Conditions of Approval. Second reading will be given at the regular City Council meeting of September 3, 2002. 3. Adopted Resolution 10072 approving a Tentative Subdivision Map (PLN 2001- 130) to create 20 townhome lots and one common lot on the property owned by Core Development, Inc. in a P-D Zoning District, incorporating findings and subject to the Conditions of Approval. This Resolution was adopted by a 4-0-1 vote with Councilmember Dean voting in opposition. Continued. . 4. Adopted Resolution 10073 approving a Tree Removal Permit (PLN 2002-05) to allow the removal of 35 of 37 trees on property owned by Core Development, Inc. in a PD Zoning District, incorporating findings and subject to the Conditions of Approval. This Resolution was adopted by a 4-0-1 vote with Councilmember Dean voting in opposition. A certified copy of both Resolutions is attached for your records, together with a copy of the letter written to Chris Neale, on behalf of Coroem Builders, in follow-up to the City Council's action. O,,'C44t ~~.~~~~ ... r" U t"" . . '" ... >So ... ~> ~' °l/CH ..."Q> CITY OF CAMPBELL City Clerk's Office August 9, 2002 Mr. Chris Neale Coroem Builders 470 S. Market Street San Jose, CA 95113 Dear Mr. Neale: At the regular meeting of August 6, 2002, the City Council held a public hearing to consider the application of Coroem Builders for a Planned Development Permit (PLN 2001-129) to allow the construction of 20 townhomes, a Tentative Subdivision Map (PLN 2001-130) to create 20 townhome lots and one common lot, and a Tree Removal Permit (PLN 2002-05) to allow the removal of 35 of 37 trees on property located at 117 Gilman Avenue in a PD (Planned Development) Zoning District. After due discussion, consideration and deliberation, the City Council took the following action: 1. Granted a Negative Declaration for the proposed project located at 117 Gilman Avenue. 2. Gave first reading to Ordinance No. 2020 approving a Planned Development Permit (PLN 2001-129) to allow the construction of 20 townhome units at the subject property, incorporating findings and subject to the Conditions of Approval. Second reading and adoption of this Ordinance will be given at the regularly scheduled City Council meeting of September 3, 2002. A certified copy of this Ordinance will be forwarded to you at that time. 3. Adopted Resolution No. 10072 approving a Tentative Subdivision Map (PLN 2001- 130) to create 20 townhome lots and one common lot on property owned by Core Development, Inc. at 117 Gilman Avenue in a P-D (Planned Development) Zoning District, incorporating findings and subject to the Conditions of Approval. A certified copy of this Resolution is attached for your records. Continued ..... 70 North First Street' Campbell, California 95008,1423 . TEL 408.866.2117 ' FAX 408.374.6889 ' TDD 408.866.2790 Page 2 4. Adopted Resolution No.1 0073 approving a Tree Removal Permit (PLN 2002-05) to allow the removal of 35 of 37 trees on property owned by Core Development, Inc. located at 117 Gilman Avenue in a P-D (Planned Development) Zoning District, incorporating findings and subject to the Conditions of Approval. A certified copy of this Resolution is attached for your records. Please do not hesitate to contact this office (866-2117) or Tim Haley, Associate Planner, should you have any questions in regard to the City Council's action. Sincerely, ~ Anne Bybee City Clerk Enc. cc. Tim Haley, Associate Planner, Comm. Develop. Dept. RESOLUTION NO. --1.Q.Q..72 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A TENTATIVE SUBDIVISION (PLN2001-130) TO CREATE 20 TOWNHOME LOTS AND ONE COMMON LOT ON PROPERTY OWNED BY CORE DEVELOPMENT INe. AT 117 GILMAN AVENUE IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. APPUCA TION OF MR. CHRIS NEALE, ON BEHALF OF COROEM BUILDERS. FILE NO. PLN2001-130. 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 PLN2001-130: 1. The proposed creation of 20 townhome units and one common lot is consistent with the General Plan designation of Medium-High Density Residential/Commercial, and related policies for SOCA neighborhood and Downtown Development Plan policies. 2. The proposed Tentative Map is consistent with the General Plan Housing Element Policy B: Encourage housing units affordable to a variety of household income levels. 3. The proposal for 20 residential townhome units including three units affordable as required by the Redevelopment Plan would provide necessary housing within an existing urbanized area that is fully served by utilities and public services. 4. The proposed project includes provisions for access to natural air and light for all of the units. 5. The provisions of the CC&R's are necessary to ensure the long-term property maintenance and continued architectural integrity of the project. 6. An Initial Study was prepared for this project and no significant environmental impacts were found. Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1. The proposed subdivision is consistent with the General Plan. 2. The proposed subdivision does not impair the balance between the housing needs of the region, the public service needs of its residents and available fiscal and environmental resources. City Council Resolution PLN2001-130 - 117 Gilman Avenue-Tentative Subdivision Map Page 2 3. The design of the subdivision provides, to the extent feasible, for future passive or natural heating and cooling opportunities. 4. No substantial evidence has been presented which shows that the project as currently presented and subject to the attached conditions, will have a significant effect upon the environment. 5. 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. 6. There is a reasonable relationship and rough proportionality between the Conditions of Approval and the impacts of the project. NOW, THEREFORE, BE IT RESOLVED that the City Council approves a Tentative Subdivision Map (PLN2001-130) to create 20 townhome lots and one common lot on property owned by Core Development Inc. at 117 Gilman A venue, subject to the following conditions: 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. CO~TYDEVELOPMENTDEPARTMENT 1. Approved Pr01ect: Approval is granted to create twenty (20) residential lots and a common lot for a twenty-unit townhome development. The site design shall substantially conform to the Tentative Subdivision Map prepared by engineers Louis Engineering Corporation, dated on May 2002. The proposed map is hereby revised to depict the common access driveway as a common lot. Tentative map approval is valid for two years from the date of City Council approval of the map. 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. Fonnation 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. City Council Resolution PLN2001-130 - 117 Gilman Avenue-Tentative Subdivision Map Page 3 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 at all times. 3. Park Impact Fee: A park impact fee of $6,615 per unit is due upon development of the townhouse project. Prior to recordation of the final subdivision 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 PUBLIC WORKS DEPARTMENT 5. Final Map: Prior to issuance of any grading or building permits for the project, the applicant shall submit a Final Map for review by the City and recordation, upon approval by the City Council. The current plan check fee is $1,510.00 plus $25 per lot. 6. Preliminary Title Report: Prior to recordation of the Tract Map, the applicant shall provide a current Preliminary Title Report. 7. Public Service Easement: Prior to recordation of the Final Map, the applicant shall grant a three (3) foot Public Service Easement on private property contiguous with the public right- of-way along the Gilman and Sam Cava Avenue frontages. The applicant shall cause all documents to be prepared by a registered civil engineernand surveyor, as necessary, for the City's review and recordation. 8. Easements: Prior to recordation of the Final Map, the applicant shall cause Easements to be recorded for private utilities, private storm drains, reciprocal ingress and egress, parking, etc., as necessary. 9. Monumentation for Final Maps: Prior to recordation of the Final map, the applicant shall provide security guaranteeing the cost of setting all Monuments shown on the map, as determined by the City Engineer. 10. Street Improvements: Prior to recordation of the Final 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 public improvements, as required by the City Engineer. The plans shall include the following: a. Removal of existing driveway approaches and replacement with curb, gutter, and sidewalk. b. Construction of ADA compliant sidewalk and 25' foot (minimum) driveway approach, as necessary. City Council Resolution PLN2001-130 -117 Gilman Avenue-Tentative Subdivision Map Page 4 c. Installation of decorative street light(s) in accordance with the City's Street Lighting Policy. d. Refurbishment and reconstruction of the existing decorative streetlights and concrete bases to comply with current standards. e. Installation of street trees and irrigation system, as necessary. f. Grinding of pavement and installation of AC overlay because of utility construction. g. Construction of conforms to existing public and private improvements. 11. 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. 12. Soils Report: Prior to issuance of any grading or building permits for the site, applicant shall provide a Soils Report prepared by a registered geotechnical or civil engineer. 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 1994 edition of the UBC including Chapters 18, 33, and Appendix Chapter 33. 16. Storm Drain Area Fee: Prior to recordation of the Final Map, the applicant shall pay the required Storm Drain Area fee of $2,228. 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 prior to recordation of the Final Map and CC&Rs. City Council Resolution PLN2001-130 - 117 Gilman Avenue-Tentative Subdivision Map Page 5 19. Demolition: Prior to recording of the Final Map/Parcel Map the applicant shall obtain a Demolition permit to remove any non-conforming structures. 20. Reapportionment of Assessments: Prior to recordation of the Pinal Map/Parcel Map, applicant shall submit an application and pay fees for the Reapportionment of Assessments for the new parcel/lot configuration. PASSED AND ADOPTED this 6th day of Auqust , 2002, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: COUNCll.MEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Burr, Kennedy, Furtado, Watson Dean None None APPROVED: ~þ-A- Jean e Watson, Mayor ATTEST: /"'7 IL~ Anne Bybee, City Clerk TW.! FOREGOING IN8TRU~!::NT IS A TRUt AND CORRECT COpy OF THE ORIGINAL N FILE IN THIS orncE'., ST: ANNE EYE1':E. CITY CLERK. CITY BY CA~PB~LL' CALIFORNIA j 11\"~ LJ ') Llv-k- >5\,,\( .~ ~ "- ()A [1 ----- -\. ,,(j\../ - RESOLUTION NO. 10073 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A TREE REMOV AL PERMIT (PLN2002-05) TO ALLOW THE REMOV AL OF 35 OF 37 TREES ON PROPERTY OWNED BY CORE DEVELOPMENT INC. AT 117 GILMAN A VENUE IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. APPUCATION OF MR. CHRIS NEALE, ON BEHALF OF COROEM BUILDERS. FILE NO. PLN2002-05. 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 PLN2002-05: 1. The site was formerly developed with a trailer court that was vacated in August 2000. 2. The existing trees are generally situated in rows towards the center of the project site precluding a reasonable building pad location within the center of the project. 3. The quantity and location of the trees throughout the project site would preclude any redevelopment of the site, if the trees were to be required to remain. 4. Replacement trees will be provided at a one to one ratio, for a minimum of 35 new replacement trees, of a variety of species to continue the diversity of plant materials present in the community. Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1. The retention of the 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. There is a reasonable relationship and rough proportionality between the Conditions of Approval and the impacts of the project. NOW, THEREFORE, BE IT RESOLVED that the City Council approves a Tree Removal Permit (PLN2002-05) to allow the removal of 35 of 37 trees on property owned by Core Development Inc. at 117 Gilman Avenue, subject to the following conditions: 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 City Council Resolution PLN2002-05 - 117 Gilman Avenue-Tree Removal Permit Page 2 applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. COMMUNITY DEVELOPMENT DEPARTMENT Planning Division 1. Approved Project: This tree removal permit (PLN2002-05) shall only be valid in conjunction with an approved Planned Development Permit (PLN2001-129). 2. Replacement of Removed Trees: All 24 trees to be removed shall be replaced at a one to one ratio. Replacement trees shall be planted on-site and shall consist of a minimum of twenty- (24) 24" box trees. 3. Landscape Plan: A detailed landscape/tree replacement plan and irrigation plan shall be reviewed and approved by the Community Development Director prior to issuance of Building Permits. PASSED AND ADOPTED this 6th day of August , 2002, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: APPROVED: ¡J~~~ Je1"nette Watson, Mayor Burr, Kennedy, Furtado, Watson Dean None None A'ITEST: ./.7 /1/ ../' {~~ Anne Bybee, City Clerk ~ I "" p.. lflút. ïHE. ORIGINAl Jim Harris, LaSalle Way, San Jose, appeared before the City Council and spoke in support of the project. Hamid Heydarian, Appellant, appeared before the City Council and spoke in support of the project. Resident, 15435 Skyline Boulevard, Los Gatos, appeared before the City Council and spoke in support of the project. Resident, Estrellita Way, Campbell, appeared before the City Council and spoke in support of the project. There being no one else wishing to speak, Mayor Watson closed the public hearing. Following City Council discussion, MIS: Burr/Kennedy - that the City Council adopt Resolution 10071 denying an Appeal and upholding the Planning Commission denial of a Conditional Use Permit (PLN2002-56) to allow the establishment of a convenience store and off-sale general liquor sales within an existing shopping center on property owned by Ralph and Teresa Raabe located at 915 S. San Tomas Aquino Road in a P-D (Planned Development) Zoning District. Motion adopted by the following roll call vote: AYES: Councilmembers: Burr, Kennedy, Furtado, Watson NOES: Councilmembers: Dean Recess/Reconvene: Mayor Watson declared a five-minute recess at 8:50 p.m. The City Council reconvened at 8:55 p.m. 12. Application of Coroem Builders for a Planned Development Permit (PLN2001-129) to allow the construction of 20 townhomes, a Tentative Subdivision Map (PLN2001-130) to create 20 townhome lots and a Tree Removal Permit (PLN2002- 05) to allow the removal of 35 of 37 trees on property located at 117 Gilman Avenue in a PD (Planned Development) Zoning District (Introduction of Ordinance/Resolution/Roll Call Vote) This is the time and place for a public hearing to consider the application of Coroem Builders for a Planned Development Permit (PLN2001-129) to allow the construction of 20 townhomes, a Tentative Subdivision Map (PLN2001-130) to create 20 townhome lots and a Tree Removal Permit (PLN2002-0S) to allow the removal of 3S of 37 trees on property located at 117 Gilman A venue in a PD (Planned Development) Zoning District. Minutes of 8/6/2002 City Council Meeting 7 Associate Planner Haley - Staff Report dated August 6, 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. During City Council discussion, Councilmember Dean stated his objection to the condition of approval changing the requirement for roofing materials from composition shingle to concrete tile. . Following discussion, M/S: Burr/Kennedy - that the City Council introduce Ordinance 2020 approving a Planned Development pàmit to allow the construction of 20 townhomes on property owned by Core Development at 117 Gilman Avenue, incorporating Findings and subject to Conditions of Approval, for first reading; adopt Resolution 10072 approving a Tentative Subdivision Map (PLN 2001-130) to create 20 townhome lots and one common lot on property owned by Core Development at 117 Gilman Avenue in a P-D (Planned Development) Zoning District, incorporating Findings and subject to Conditions of Approval; and adopt Resolution 10073 approving a Tree Removal Permit (PLN 2002-05) to allow the removal of 35 of 37 trees on property owned by Core Development at 117 Gilman Avenue in a P-D (Planned Development) Zoning District, incorporating Findings and subject to Conditions of Approval. Motion adopted by the following roll call vote: AYES: Councilmembers: Burr, Kennedy, Furtado, Watson NOES: Councilmembers: Dean The City Clerk read the title of Ordinance 2020. M/S: Burr/Kennedy - that further reading of Ordinance 2020 be waived. Motion adopted unanimously. 13. Amendment of Contract with the Public Employees Retirement System (PERS) (Introduction of Ordinance/Resolution/Roll Call Vote) I This is the time and place for a public hearing to consider an amendment to the Contract with the Public Employees Retirement System (PERS). Administrative Services Director Lee - Staff Report dated August 6, 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. Minutes of 8/6/2002 City Council Meeting 8 city of c'üJIl/Júell City Council Report ITEM NO: CATEGORY: MEETING DATE: 12. Public Hearing August 6, 2002 TITLE Public Hearing to consider the applications of Coroem Buildèrs, to allow the following on property located at 117 Gilman A venue in a P-D (Planned Development) Zoning District: 1. A Planned Development Permit to allow construction of 20 residential townhomes; A Tentative Subdivision Map to create 20 townhome lots and one common lot; and A Tree Removal Permit to allow the removal of 35 trees. 2. 3. CITY COUNCIL ACTION The Planning Commission recommends that the City Council take the following: 1. Grant a Negative Declaration for the proposed project; and 2. Take first reading of the attached ordinance approving a Planned Development Permit (PLN2001-129) to allow the construction of 20 townhome units, 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 the Tentative Subdivision Map (PLN2001-130), 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 a Tree Removal Permit (PLN2002-05) to allow the removal of 35 trees, incorporating the attached findings and subject to the attached Conditions of Approval; and ENVIRONMENTAL DETERMINATION The City prepared an Initial Study for this project and it was determined that no significant impacts would be created as a result of the project. Based upon the information provided in the attached Initial Study, the Planning Commission recommends that the City Council grant a Negative Declaration for this project. BACKGROUND The applicant is requesting approval of a Planned Development Permit (PLN2001-129) to allow the construction of 20 town home units; a Tentative Subdivision Map (PLN 2001-130) to create 20 townhome lots and a common lot; and a Tree Removal Permit (PLN 2002-05) to remove thirty-five trees on property located at 117 Gilman Avenue. City Council Report Page 2 PLN200 1-129/130 & 2002-05 - 117 Gilman Avenue Zone Change, Planned Development Permit, Tentative Subdivision Map & Tree Removal Pennit The project site is on the northwest comer of Sam Cava Lane and Gilman A venue and was previously occupied by the Gilman Trailer Court which accommodated 32 trailers units. The project site is currently vacant and improved with a vacant manager's quarters. The development of housing at this location, in close proximity to the future downtown light rail station and downtown Campbell, is supported by a number of housing and traffic related policies in both the General Plan and the South of Campbell A venue Area development policies. The Planning Commission held two Study Sessions to review this project prior to its consideration of the project at a public hearing on July 9, 2002. Originally designed with 29 condominium units and an underground parking garage, the revised project design reduced the number of units to 20 townhomes and provided individual attached two car garages and six guest parking spaces. The Planning Commission, at its meeting of July 9, 2002, forwarded a recommendation to the City Council by a 4-2 vote to approve the proposed project with the attached Conditions of Approval. ANAL YSIS General Plan Designation: The General Plan land use designation for the project site is Medium to High Density Residential/Commercial in the South of Campbell A venue Area (SOCA). SOCA contains a number of policies that encourage commercial uses or attached residential units or a combination of mixed uses near the Downtown area and future transit facilities. . Goal LUT 9.3- Promote high quality, creative design and site planning that is compatible with surrounding development, public places and natural resources. Goal LUT-16-Revitalize Downtown commercial, industrial and recreational areas and provide housing opportunities. Policy LUT -16.2a - Locate building entries facing the streets for all units along a public street. Policy LUT -16.3 - Encourage high quality building and site design in SOCA Area. Strategy LUT 16.5b- Encourage the development of Vasona Light Rail extension on the Union Pacific Railroad right-of-way, including resident and employee serving Light Rail stations in the SOCA area. . . . . The objective of the SOCA plan is to allow uses that complement the downtown and provide housing opportunities. The goal is to provide residential and commercial opportunities in close proximity to the downtown area as well as transit facilities to support the continued revitalization of Downtown Campbell. The Housing Element further encourages housing projects within the SOCA neighborhood: . Policy H-3- Encourage the provision of housing affordable to a variety of household income levels. Policy H-4-Provide adequate housing sites through appropriate land use and zoning designations to accommodate the City's share of regional housing needs. . City Council Report Page 3 PLN200 1-129/130 & 2002-05 - 117 Gilman Avenue Zone Change, Planned Development Permit, Tentative Subdivision Map & Tree Removal Permit The proposed project would be developed at a density of 15.6 units per gross acre, which is consistent with the density range of 12-24 units provided in the SOCA policies. Therefore, the proposed project is consistent with the General Plan. Zoning Designation: The zoning designation for the project site is P-D (Planned Development). The applicant is requesting approval of a Planned Development Permit consistent with the Planned Development Zoning District ordinance. Redevelopment Plan: The proposed project is consistent with the Redevelopment Plan goals of revitalizing the downtown and providing affordable housing. The requirement of providing 15 percent affordable units is being met by the inclusion of three affordable units. A recommended Condition of Approval requires the provision of three below market rate units. Site Plan and Design: The site plan proposes the construction of 20 townhome units in six building groupings. The two story residential units are proposed at grade. Project parking is located in individual two car garages provided for each unit and six visitor spaces in carports along the project driveway. The Planning Commission found the parking ratio of 2.3 to be adequate for this transit-oriented project. The general layout of the project will present a traditional interface with the streetscape. Entry porches are setback five to eight feet from the Gilman A venue and the Sam Cava Lane frontages. Stairways to the porches have taken access to the street and five of the units have two tiered porches. Many of the commercial and industrial properties in this neighborhood have similar setbacks. The proposed elevations depict a craftsman cottage style structure with stucco and shingles for wall materials and a composition shingle for roofing. Windows are shown with white trim and divisions with tradition window shapes. The eaves, window trim and porch details are blue. Elevations are accented with gable and shed type porches as well as balconies. The front elevations features porches with decorative post and pillars with brick bases. Building gables have been accented with vertical siding as well as wood brackets and rafters. A Condition of Approval is included for review and approval of the building materials and architectural/site enhancements. This conditions requires the submittal of revised elevations depicting the following enhancements: a. Provision of a brick wainscoting; b. A change in roofing materials from composition shingle to concrete tile; and c. Provision of eave rafter details at the porches. Open Space and Landscaping: Fourteen of the units have street frontages with significant front porches of 30 to 176 square foot and 144 square foot rear decks. The remaining six rear units have 45 square foot entry porches and 110 square foot decks. The site plan indicates that approximately 26 percent of the site is dedicated to open space with 10,767 square feet. City Council Report Page 4 PLN2001-129/130 & 2002-05 -117 Gilman Avenue Zone Change, Planned Development Permit, Tentative Subdivision Map & Tree Removal Permit Landscaping for the project is provided along the street frontages and along the interior access driveway. Other developments (i.e. apartments) at a similar density would require 225 square feet of useable open space per unit. Condominium projects require a minimum of 500 square feet of open space per unit. This project proposes an average of 585 square feet of open space per unit. This square footage includes porches, balconies and front yard or side yard spaces. The common area for the development consists of the shared driveway access. The front yard areas and the yard areas adjacent rear units will be maintained by the Homeowners Association to be formed for the development. Tentative Subdivision Map: The applicant is requesting approval of a Tentative Subdivision Map to subdivide the property into 20 townhome lots with a common access easement for driveway purposes. The Conditions of Approval require that the common access easement be shown as a common lot for the subdivision. Prior to recordation of the final Subdivision Map and issuance of any building permits, the applicant will be required to 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 all common areas. A Condition of Approval requires that the applicant submit the draft CC&Rs for review and approval by the Community Development Director and City Attorney. AL TERNA TIVES 1. 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 No negative fiscal impacts to the City as a result of the project have been identified. Attachments: 1. Draft City Council Planned Development Permit - Ordinance 2. Draft City Council Tentative Subdivision Map - Resolution 3. Draft City Council Tree Removal Permit - Resolution 4. Planning Commission Resolutions and Minutes 5. Planning Commission Report including Attachments City Council Report Page 5 PLN2001-129/130 & 2002-05 -117 Gilman Avenue Zone Change, Planned Development Pennit, Tentative Subdivision Map & Tree Removal Permit Prepared by: ~æ=:Planner Reviewed by: ~~ 4, é~ - ~.. Sharon Fierro, Community De lopment Director Approved by: ot . CAItt . 1ö(9 ;:;. ~ -. t'" U r A .>.. 1- '-. (' L' . °RCH A\'-"" CITY OF CAMPBELL Community Development Department - Current Planning July 11,2002 Mr. Chris Neale Coroem Builders 470 S. Market Street San Jose, CA 95113 Re: PLN200I-I29 (PD)/PLN200I-130 (TS)/PLN2002-05 (TRP) 117 Gilman Avenue Dear Applicant: Please be advised that the Planning Commission, at its meeting of July 9, 2002, took the following actions on the above-referenced applications: 1. Recommended that Council grant a Negative Declaration; 2. Adopted Resolution No. 3440 recommending approval of a Planned Development Permit (PLN2001-129) to allow the construction of 20 townhome units; and 3. Adopted Resolution No. 3441 recommending approval of a Tentative Subdivision Map (PLN2001-130) to allow the creation of 20 residential and one common lots on the above- referenced property; and 4. Adopted Resolution No. 3442 recommending approval of a Tree Removal Permit (PLN2002- 05) to allow the removal of 35 of 37 trees on the above-referenced property. This project is tentatively set for consideration by the City Council at its meeting of August 6, 2002. If you have any questions, please do not hesitate to contact me at (408) 866-2140. ~ \:d~ Tim J. Haley Associate Planner 70 North First Street. Campbell, California 95008-1436 TEL 408.866.2140 . FAX 408.866.8381 . TOO 408.866.2790 RESOLUTION NO. 3440 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDJNG APPROVAL OF A PLANNED DEVELOPMENT PERMIT (PLN2001-129) TO ALLOW THE CONSTRUCTION OF 20 TOWNHOMES ON PROPERTY OWNED BY CORE DEVELOPMENT AT 117 GILMAN AVENUE IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. CHRIS NEALE, ON BEHALF OF COROEM BUILDERS. FILE NO. PLN2001-129. After notification and public hearing, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application PLN2001-129: 1. The development of the proposed project will result in a use that is consistent with the General Plan land use of Medium to High Density ResidentiaUCommercial uses for this area. 2. The development of 20 residential condominiums on the project site results in a density 15.6 units per gross acre, which is consistent with the General Plan density range of 12-24 units per gross acre shown for this site. 3. The proposed project involves the construction of 34,416 square feet of residential structures on a net lot area of 43,081 square feet. 4. The proposed project would construct six buildings groupings with 20 units on a site previously occupied by a trailer court that accommodated up to 32 recreational vehicles. 5. The completed project would consist of a 22,723 square foot building coverage or 53% of the lot, with 21 % covered by paving and 26% covered by landscaping and plaza. 6. The proposed project would have a floor area ratio (FAR) of .80. 7. The proposed project would use brick, stucco and shingle siding to construct residences in a traditional cottage style thus providing a transition to the surrounding commercial and industrial properties. 8. Buildings of mixed architectural styles surround the proposed project, with industrial developments to the north, west and east, and residential structures and industrial buildings to the south. The proposed project is well designed and is architecturally compatible with the surrounding neighborhood. 9. The applicant is providing a total of 46 parking spaces for the project. The 46 parking spaces result in a parking ratio of 2.3 parking spaces per unit, satisfying the parking requirement for residential developments located in the C-3 Zoning District and the parking required for apartment developments. Planning Commission Reso._âon No. 3440 PLN2001-129 - 117 Gilman Avenue--Planned Development Permit Page 2 10. The proposed project is consistent with other developments in the surrounding area and is consistent with the development standards for residential uses for this neighborhood. 11. There is no evidence to support a reasonable finding that a significant adverse impact to the environment would occur. Additionally, the project is not located in a particularly sensitive environment and no substantial evidence has been presented to suggest that there is a reasonable possibility that significant environmental impacts would result from the project due to unusual circumstances or from the cumulative impacts of successive projects of the same type in the same place. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed development and uses clearly will 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 designation of the property; and 4. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 5. No substantial evidence has been presented which shows that the project as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. 6. There is a reasonable relationship and rough proportionality between the Conditions of Approval and the impacts of the project. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval of a Planned Development Permit (PLN2001-129) to allow the construction of 20 townhomes on property owned by Core Development Inc. at 117 Gilman A venue, subject to the following conditions: 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. Planning Commission Reso~_.ion No. 3440 PLN200 1-129 - 117 Gilman A venue-- Planned Development Permit Page 3 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division 1. Approved Project: Approval is granted to construct a 20-unit townhome project consisting of six buildings. 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 EDI Architecture, Inc. dated May 20, 2002, including building elevations, floor plans, site plan, and building sections. b. Color and material boards submitted by EDI Architecture, Inc. on May 20, 2002. c. Tentative Subdivision Map prepared by engineers Louis Engineering Corporation on May 30, 2002. d. Final materials, colors, and all architectural details, including window, and balcony details shall be reviewed and approved by the Community Development Director, prior to issuance of Building Permits. 2. Project Phasing: The Planned Development Permit and Tentative Map approval is valid for two years from City Council approval of the project. Within this two-year period, the applicant shall obtain building permits and shall record the Final Map. 3. Landscaping, Paving and Maintenance: a. All on-site landscaping and hardscaping shall be installed and maintained in accordance with the approved landscape plan to be reviewed and approved by the Community Development Director prior to issuance of Building Permits. Four copies of the plans to include the following: 1. Provision of 24-inch box sized trees throughout the project. 11. Landscaping of planting areas adjacent to garages shall include vertical plant materials. 111. Transition area between proposed building and street frontages. IV. The applicant shall provide decorative pavement including patterned or colored concrete, pavers or brick throughout the driveway areas. The design and materials to be used for the decorative pavement shall be reviewed and approved by the Community Development Director prior to issuance of building permits for the project. v. New street trees shall be added to provide a continuous tree planting along the street frontage as required by the Community Development Director. b. A tree protection plan shall be submitted prior to issuance of a building permit in accordance with the City's Water Efficient Landscape Standards (WELS) for street trees and any trees to be retained on site. A six-foot tall chain link fence shall be installed Planning Commission Reso...1on No. 3440 PLN2001-129 - 117 Gilman Avenue--Planned Development Permit Page 4 around each tree to be preserved prior to the commencement of any construction activity on site. c. Landscape and paving maintenance shall be an on-going responsibility of the property owner(s) and shall include routine pruning of trees and shrubs, maintenance of the automatic irrigation system and the replacement of damaged or diseased plant materials, periodic steam cleaning of walkways and removal of graffiti within twenty-four hours. 4. 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 decorative pavement throughout the vehicular driveway. The design and materials to be used for the decorative pavement shall be reviewed and approved by the Community Development Director prior to issuance of building permits for the project. c. Six parking spaces shall be designated for visitor parking. 5. 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, including restrictions on storage of items on the exterior balconies. c. Definition of common areas to be maintained and provision of maintenance for these areas, including the parking and driveway and fire access area. 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 garage space for the parking of vehicles at all times. f. Provision to prohibit the use of parking spaces for storage purposes, including boats, trailers, and recreational vehicles. 6. Park Impact Fee: A park impact fee of $6,615 per unit is due upon development of the townhome project. Prior to recordation of the final subdivision map, 75% of this fee is due. The remaining 25% is due prior to issuance of a certificate of building occupancy. A credit for the legally existing residential unit shall be provided consistent with the Park Impact Fee ordinance. 7. Revised Elevations: Prior to the issuance of building permits the applicant shall submit revised elevations for review and approval of the Community development Director. Revised elevations shall depicting the following: Planning Commission ReSOluLlOn No. 3440 PLN2001-129 - 117 Gilman Avenue--Planned Development Pennit Page 5 a. The provision of a brick wainscoting or upgraded wall material at street level on the elevations. b. The installation of a concrete tile roof material versus composition shingle. c. Rafter details qt the porch entrance. 8. 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). 9. Utility Boxes and Back-Flow Preventers: The applicant shall submit a plan, for the review and approval of the Community Development Director, prior to installation or relocation of PG&E utility (transformer) boxes and San Jose Water Company back-flow preventers, indicating the location of the boxes and provisions for visual screening (if the boxes are above ground). 10. 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 issuance of any Building Pennits for the project. Lighting fixtures shall be of a decorative design to be compatible with the development and shall incorporate energy saving features. 11. Garbage Collection: Trash Containers of a size and quantity necessary to serve the new residences shall be in areas approved by the Fire Department and Community Development Director. All containers are to be maintained in a clean and sanitary condition. 12. Noise: Prior to issuance of Building Permits, prepare a noise analysis that models future noise conditions, including nearby industrial uses, and incorporate the recommended measures to reduce noise and vibration to the residential units to acceptable limits consistent with noise standards required in the Noise Element of the General Plan. 13. Contractor Contact Information Posting: The project site shall be posted with a minimum 16 square foot board providing the name and contact number of the lead contractor in a location visible from the public street prior to the issuance of building pennits. BuildiDl! Division 14. Pennits 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 pennit. 15. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 16. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in.' Planning Commission ResolúLÌon No. 3440 PLN200 1-129 - 117 Gilman A venue-- Planned Development Permit Page 6 17. 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. 18. 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. A licensed engineer specializing in soils mechanics shall prepare this report. 19. 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. 20. 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 comer locations 21. Title 24 Energy Compliance: California Title 24 Energy Compliance forms CF-IR and MF-IR shall be blue-lined on the construction plans. 8V2 X 11 calculations shall also be submitted. 22. 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. 23. Water Pollution Control: 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. 24. 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: (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.) i. Campbell Union School District (378-3405) ii. Campbell Union High School District (371-0960) 111. Moreland School District (379-1370) IV. Cambrian School District (377-2103) Planning Commission Reso....ion No. 3440 PLN2001-129 - 117 Gilman Avenue--Planned Development Permit Page 7 d. Bay Area Air Quality Management District (Demolitions Only) FIRE DEPARTMENT: 25. Formal Plan Review: Review of this developmental proposal is limited to acceptability of site access and water supply as they pertain to fire department operations and shall not be construed as a substitute for formal plan review to determine compliance with adopted model codes. Prior to performing any work, the applicant shall make application to, and receive from, the Building Department all applicable construction permits. 26. Required Fire Flow: The required fire flow for this project exceeds 2,000 gpm at 20 psi residual pressure. As an automatic fire sprinkler system will be installed, the fire flow has been reduced by 75 % establishing a required adjusted fire flow of 1,500 gpm at residual pressure. The adjusted fire flow is available from area water mains and fire hydrant(s) which are spaced at the required spacing. 27. Automatic Fire Sprinkler System Required: Buildings requiring a fire flow in excess of 2,000 GPM or, in excess of two stories or 35 feet in height, shall be protected throughout by an automatic fire sprinkler system, hydraulically designed per National Fire Protection Association (NFP A) Standard #13. 28. Public Fire Hvdrant(s) Required: Provide public fire hydrant(s) at location(s) to be determined by the Fire Department and San Jose Water Company. Hydrant(s) shall have a minimum single flow of 1,000 GPM at 20 psi residual, with spacing not to exceed 500 feet. Prior to applying for building permit, provide civil drawings reflecting all fire hydrants serving the site. To prevent building permit delays, the developer shall pay all required fees to the water company ASAP. 29. Timing of Required Water Supply Installations: Installations of required fire service(s) and fire hydrants shall be tested and accepted by the Fire department, prior to the start of framing or delivery of bulk combustible materials. Building permit issuance may be withheld until required installations are completed, tested, and accepted. 30. Fire Hvdrant 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. 31. On-Site Private Fire Service Mains and/or Hydrants: Installation of private fire service mains and/or fire hydrants shall conform to National Fire Protection Association (NFPA) Standard #24 and Fire Department Standard Details and Specification W -2. A separate installation permit from the fire department is required. A separate installation permit from the Fire Department is required. Note: This applies to the required fire service installation for fire sprinklers. 32. Fire Apparatus (þngine) Access Roads Requirements: Provide access roadways with a paved all weather surface, a minimum unobstructed width of 20 feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 36 feet outside and 23 feet inside, and a maximum slope of 15%. Installation shall conform with Fire Department Standards Details and Specifications sheet A-I. Planning Commission Reso._..ion No. 3440 PLN2001-129 - 117 Gilman Avenue--Planned Development Permit Page 8 33. Fire Department (Engine) Roadway Turn-around Required: Provide an approved fire department engine roadway turnaround with a minimum radius of 36 feet outside and 23 feet inside. Installations shall conform with Fire Department Standard Details and Specifications sheet A-I. Cul-de-sac diameters shall be no less than 72 feet. (Noted on plans-the fire department turnaround is located at the first intersection inside the development. 34. Fire Lane Marking Required: Roadways deemed necessary to facilitate emergency vehicle access shall be identified in accordance with Fire Department Standard Details and Specifications A-6 and Local Government Standards. 35. Timing of required Roadway Installations: Required access roads, up through first lift of asphalt, shall be installed and accepted by the Fire Department prior to the start of construction. Bulk combustible materials shall not be delivered to the site until installation is complete. During construction, emergency access roads shall be maintained clear and unimpeded. Note that building permit issuance may be withheld until installations are completed. 36. Location of Required Fire Protection Svstem(s) Equipment: Proposed locations for fire hydrants, fire sprinkler system(s) control valves (PIV/O.S&Y), fire department connections (FDC) and fire alarm equipment shall be coordinated with the fire department and the project planners prior to design. 37. 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 backgrounds. 38. Coordination with San Jose Water Company: Prior to the installation, a copy of the Fire Department "approved" underground fire service drawings shall provided to the San Jose Water Company for record purposes. To prevent engineering delays, the underground contractor shall submit to the fir department 3 sets of shop drawings designed per NFP A Std. #24, a completed permit application, and applicable fees for review and approval ASAP. 39. Conditions Included as Notes on Plans: To prevent plan review and inspection delays, the above-noted developmental review conditions shall be restated as "Notes" on all pending and future plan submittals. PUBLIC WORKS DEPARTMENT 40. Final Map: Prior to issuance of any grading or building permits for the project, the applicant shall submit a Final Map for review by the City and recordation, upon approval by the City Council. The current plan check fee is $1,510.00 plus $25 per lot. 41. Preliminary Title Report: Prior to recordation of the Tract Map, the applicant shall provide a current Preliminary Title Report. 42. Public Service Easement: Prior to recordation of the Final Map, the applicant shall grant a three (3) foot Public Service Easement on private property contiguous with the public right- of-way along the Gilman and Sam Cava A venue frontages. 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. Planning Commission Reso......ion No. 3440 PLN2001-129 - 117 Gilman Avenue--Planned Development Permit Page 9 43. Easements: Prior to recordation of the Final Map, the applicant shall cause Easements to be recorded for private utilities, private storm drains, reciprocal ingress and egress, parking, etc., as necessary. 44. Monumentation for Final Maps: Prior to recordation of the Final map, the applicant shall provide security guaranteeing the cost of setting all Monuments shown on the map, as determined by the City Engineer. 45. Street Improvements: Prior to recordation of the Final 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 public improvements, as required by the City Engineer. The plans shall include the following: a. Removal of existing driveway approaches and replacement with curb, gutter, and sidewalk. b. Construction of ADA compliant sidewalk and 25' foot (minimum) driveway approach, as necessary. c. Installation of decorative street light(s) in accordance with the City's Street Lighting Policy. d. Refurbishment and reconstruction of the existing decorative streetlights and concrete bases to comply with current standards. e. Installation of street trees and irrigation system, as necessary. f. Grinding of pavement and installation of AC overlay because of utility construction. g. Construction of conforms to existing public and private improvements. 46. 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. 47. Soils Report: Prior to issuance of any grading or building permits for the site, applicant shall provide a Soils Report prepared by a registered geotechnical or civil engineer. 48. 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 compames. 49. 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. 50. 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 Planning Commission ResL- .. .ion No. 3440 PLN200 1-129 - 117 Gilman A venue--Planned Development Permit Page 10 engineered Grading and Drainage Plan, and pay fees required to obtain necessary grading permits. The plans shall comply with the 1994 edition of the UBC including Chapters 18, 33, and Appendix Chapter 33. 51. Storm Drain Area Fee: Prior to recordation of the Final Map, the applicant shall pay the required Storm Drain Area fee of $2,228 which is $2,2250 per acre. 52. 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. 53. Covenants, Conditions. and Restrictions: Provide copies of CC&Rs for review by the City prior to recordation of the Final Map and CC&Rs. 54. Demolition: Prior to recording of the Final Map/Parcel Map the applicant shall obtain a Demolition permit to remove any non-conforming structures. 55. Reapportionment of Assessments: Prior to recordation of the Final Map/Parcel Map, applicant shall submit an application and pay fees for the Reapportionment of Assessments for the new parcel/lot configuration. REDEVELOPMENT AGENCY 56. Affordable Units: That prior to issuance of a Building Permit, the developer shall, to the satisfaction of the Redevelopment Agency establish the sales price of two units to be restricted in price and be affordable to persons who earn no more than 120% of the median income based on Santa Clara County Housing Authority income levels for Santa Clara County at the time the units are issued occupancy permits, and one unit to be affordable to persons who earn no more than 80% of the median income in Santa Clara County, for a total of three units to be made affordable in compliance with the Central Campbell Redevelopment Plan and California Community Redevelopment Law Planning Commission Resc,...LÍon No. 3440 PLN200 1-129 - 117 Gilman A venue--Planned Development Permit Page 11 PASSED AND ADOPTED this 9th day of July, 2002, by the following roll call vote: AYES: Commissioners: Alderete, Doorley, Francois, Gibbons, Hernandez and Jones None None None NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: APPRO AITEST: fi~~ Sharon Fierro, Secretary RESOLUTION NO. 3441 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A TENTATIVE SUBDIVISION (PLN2001-130) TO CREATE 20 TOWNHOME LOTS AND ONE COMMON LOT ON PROPERTY OWNED BY CORE DEVELOPMENT INe. AT 117 GILMAN A VENUE IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. CHRIS NEALE, ON BEHALF OF COROEM BUILDERS. FilE NO. PLN2001-130. 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 PLN2001-130: 1. The proposed creation of 20 townhome units and one common lot is consistent with the General Plan designation of Medium-High Density Residential/Commercial, and related policies for SOCA neighborhood and Downtown Development Plan policies. 2. The proposed Tentative Map is consistent with the General Plan Housing Element Policy B: Encourage housing units affordable to a variety of household income levels. 3. The proposal for 20 residential townhome units including three units affordable as required by the Redevelopment Plan would provide necessary housing within an existing urbanized area that is fully served by utilities and public services. 4. The proposed project includes provisions for access to natural air and light for all of the units. 5. The provisions of the CC&R's are necessary to ensure the long-term property maintenance and continued architectural integrity of the project. 6. An Initial Study was prepared for this project and no significant environmental impacts were found. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed subdivision is consistent with the General Plan. 2. The proposed subdivision does not impair the balance between the housing needs of the region, the public service needs of its residents and available fiscal and environmental resources. Planning Commission ResoluLlon No. 3441 PLN2001-130 -117 Gilman Avenue-Tentative Subdivision Map Page 2 3. The design of the subdivision provides, to the extent feasible, for future passive or natural heating and cooling opportunities. 4. No substantial evidence has been presented which shows that the project as cuITently presented and subject to the attached conditions, will have a significant effect upon the environment. 5. 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. 6. There is a reasonable relationship and rough proportionality between the Conditions of Approval and the impacts of the project. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval of a Tentative Subdivision Map (PLN2001-130) to create 20 townhome lots and one common lot on property owned by Core Development Inc. at 117 Gilman A venue, subject to the following conditions: 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. CO~TYDEVELOPMENTDEPARTMENT 1. Approved Project: Approval is granted to create twenty (20) residential lots and a common lot for a twenty-unit townhome development. The site design shall substantially conform to the Tentative Subdivision Map prepared by engineers Louis Engineering Corporation, dated on May 2002. The proposed map is hereby revised to depict the common access driveway as a common lot. Tentative map approval is valid for two years from the date of City Council approval of the map. 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. 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. Planning Commission ResoluLÏon No. 3441 PLN2001-130 -117 Gilman Avenue-Tentative Subdivision Map Page 3 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 at all times. 3. Park Impact Fee: A park impact fee of $6,615 per unit is due upon development of the townhouse project. Prior to recordation of the final subdivision 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 PUBLIC WORKS DEPARTMENT 5. Final Map: Prior to issuance of any grading or building permits for the project, the applicant shall submit a Final Map for review by the City and recordation, upon approval by the City Council. The current plan check fee is $1,510.00 plus $25 per lot. 6. Preliminary Title Report: Prior to recordation of the Tract Map, the applicant shall provide a current Preliminary Title Report. 7. Public Service Easement: Prior to recordation of the Final Map, the applicant shall grant a three (3) foot Public Service Easement on private property contiguous with the public right- of-way along the Gilman and Sam Cava A venue frontages. 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. Easements: Prior to recordation of the Final Map, the applicant shall cause Easements to be recorded for private utilities, private storm drains, reciprocal ingress and egress, parking, etc., as necessary. 9. Monumentation for Final Maps: Prior to recordation of the Final map, the applicant shall provide security guaranteeing the cost of setting all Monuments shown on the map, as detennined by the City Engineer. 10. Street Improvements: Prior to recordation of the Final 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 public improvements, as required by the City Engineer. The plans shall include the following: a. Removal of existing driveway approaches and replacement with curb, gutter, and sidewalk. b. Construction of ADA compliant sidewalk and 25' foot (minimum) driveway approach, as necessary. Planning Commission Resowdon No. 3441 PLN2001-130 -117 Gilman Avenue-Tentative Subdivision Map Page 4 c. Installation of decorative street light(s) in accordance with the City's Street Lighting Policy. d. Refurbishment and reconstruction of the existing decorative streetlights and concrete bases to comply with current standards. e. Installation of street trees and irrigation system, as necessary. f. Grinding of pavement and installation of AC overlay because of utility construction. g. Construction of conforms to existing public and private improvements. 11. 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. 12. Soils Report: Prior to issuance of any grading or building permits for the site, applicant shall provide a Soils Report prepared by a registered geotechnical or civil engineer. 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 1994 edition of the UBC including Chapters 18, 33, and Appendix Chapter 33. 16. Storm Drain Area Fee: Prior to recordation of the Final Map, the applicant shall pay the required Storm Drain Area fee of $2,228, which is $2,2250 per 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 prior to recordation of the Final Map and CC&Rs. Planning Commission ReSOluLlon No. 3441 PLN2001-130 - 117 Gilman Avenue-Tentative Subdivision Map Page 5 19. Demolition: Prior to recording of the Final Map/Parcel Map the applicant shall obtain a Demolition permit to remove any non-conforming structures. 20. Reapportionment of Assessments: Prior to recordation of the Final Map/Parcel Map, applicant shall submit an application and pay fees for the Reapportionment of Assessments for the new parcel/lot configuration. PASSED AND ADOPTED this 9th day of July, 2002, by the following roll call vote: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Alderete, Doorley, Francois, Gibbons, Hernandez and Jones None None None AYES: Commissioners: APPRO auJ 5 ATIEST: fidÆr11~ ,. Sharon Fierro, Secretary RESOLUTION NO. 3442 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A TREE REMOV AL PERMIT (PLN2002-05) TO ALLOW THE REMOVAL OF 35 OF 37 TREES ON PROPERTY OWNED BY CORE DEVELOPNIENT INe. AT 117 GILMAN AVENUE IN A P- D (PLANNED DEVELOPMENT) ZONING DISTRICT. APPUCATION OF MR. CHRIS NEALE, ON BEHALF OF COR OEM BUllDERS. FilE NO. PLN2002-05. 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 PLN2002-05: 1. The site was formerly developed with a trailer court that was vacated in August 2000. 2. The existing trees are generally situated in rows towards the center of the project site precluding a reasonable building pad location within the center of the project. 3. The quantity and location of the trees throughout the project site would preclude any redevelopment of the site, if the trees were to be required to remain. 4. Replacement trees will be provided at a one to one ratio, for a minimum of 35 new replacement trees, of a variety of species to continue the diversity of plant materials present in the community. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The retention of the 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. There is a reasonable relationship and rough proportionality between the Conditions of Approval and the impacts of the project. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval of a Tree Removal Permit (pLN2002-05) to allow the removal of 35 of 37 trees on property owned by Core Development Inc. at 117 Gilman Avenue, subject to the following conditions: