HomeMy WebLinkAboutPlanning Division Staff Policies and Procedures (defunct)' \ t
Staff
P . 1J ~ ' tJlCtes
~ ~
Procedures
Planning Division · ...
City of Campbell
City of Campbell Community Development Department Planning Division Section 1: Department Policies & Procedures Council Authorization -General Plan Amendments Interconnect Technology Section 2: Interpretations Subject Application Fees (Applied Cumulatively) Bus Dockouts California Subdivision Map Act Commercial Filming Permits Landscape and Irrigation Plans Non-Conforming Uses R-1 Ordinance -Site & Architectural Review Roof Screening, Requirement for Section 3: Legal Opinions Section 21.57.050 21.66.040 21.08.140 21.42.050 Section 4: City Council and Planning Commission Report Format Section 5: DRC/SARC Procedures Section 6: Staff Performance Standards and Development Section 7: Design Objectives Design Objectives Streetscape Standards
<C<O)MM1UNII1r~ ID>lEVlEIL<Q)IPMIEN1r ID>IEIP AIR?.TMIEN'lr Steve Piasecki, Community Development Director (408) 866-2140 Administrative Staff Corinne Shinn, Secretary --(408) 866-2140 Darleen Becker, Principal Clerk --(408) 866-2130 Planning Staff --(408) 866-2140 Darryl M. Jones, Senior Planner Tim J. Haley, Associate Planner Gloria Sciara, Planner I Aki Honda, Planner I Vacant, Planner II Building Staff --(408) 866-2130 Frank Cauthorn, Building Official Frank Mills, Building Inspector Mark N advornik, Building Inspector Housing & Community Development --(408) 866-2137 Sharon Teeter, Housing Coordinator Mil§§II«J)N §"Ir A "lI'IEMIENT§ GENERAL --COMMUNITY DEVELOPMENT DEPARTMENT • Formulates and implements a long-range vision for the City of Campbell that provides for a high quality of life and economic development for the community. • Manages the City's development review process; and • Develops and maintains the City's land use and development ordinances, policies and standards. CURRENT PLANNING -PLANNING DIVISION . • Provides efficient and responsive planning services to implement adopted • • • policies and programs by responding to public inquiries regarding development policies and regulations. Provides a responsive and effective code enforcement program . Provides a streamlined development review process to assist decision makers in arriving at informed decisions; and Coordinates the review and processing of development/use applications . ./ POLICY DEVELOPMENT -PLANNING DMSION • Provides policy analysis and formulation services for the Community Development Department.
POLICY DEVELOPMENT -PLANNING DIVISION <cont'd) • Develops City land use plans, ordinances and strategies to improve the quality of life for citizens living and working in the community. • Prepares, implements and maintains a usable General Plan for the City of Campbell that will establish development strategies and policies to accomplish the following goals: Encourage economic development of Campbell. Establish a proactive development policy document to guide new development. Streamline the development review process by identifying and resolving potential development issues. Protect and improve neighborhoods. Provide for a balance of land uses in the City. BUILDING DIVISION • Serves the citizens of Campbell by safeguarding safety, health and welfare through the enforcement of all applicable provisions of building and housing codes. • Provides building regulated technical support to other departments of the City. • Manages the building code regulation program. • Provides plan review services. • Maintains historical data for permits and plans. • Inspects private construction projects. • Conducts nuisance abatement actions as required. • Staffs the Building Code Board of Appeals, scheduling appeals hearings as needed. HOUSING & COMMUNITY DEVELOPMENT • Administers the City's Community Development Block Grant (CDBG) Program Housing Rehabilitation Loan Program and Emergency Grant Program in compliance with Federal requirements and Council policy. • Processes applications for rehabilitation loans and/ or grants. • Processes progress payments for rehabilitation loan recipients. • Reviews loan program guidelines annually and makes recommendations as appropriate. • Reviews loan disbursement and collection procedures and makes recommendations as appropriate. • Recommends appropriate uses for the City's allocation of CDBG funds. • Staffs the Rental Increase Dispute Fact Finding Committee. • Administers the City's Landlord/Tenant Mediation Program. • Administers contracts and monitors the use of CDBG funds by non-profit agencies and City department programs receiving CDBG funds.
PLANNING/ BUILDING DIVISION COORDINATION MEETING SUMMARY -March 10, 1997 Topics and Conclusions I. Final Sign-Off Notification Process: A) Building will modify the "How to schedule an inspection over the phone" handout instructing the person calling for final inspection to contact each city department that needs to sign off. B) Building will route a printout of the final inspection requests call in log to Tim and Corinne for review and distribution to the project planner responsible for this project to make the final inspection. Planners must sign off on the final inspections card in the field and in the office. 2. Summary of Building Plan Check and Plan Revision Process: A) Frank Mills routes plans for review by other departments B) The plan check set for planning is put in our division in-box. It is then taken by Darryl or Tim to log in and assign to a planner. C) Frank logs receipt of building permit plan set into the Building Division Computer that plans have been received, have been assigned a plan check number and routed for plan check by various departments. D) Building will require that six (6) sets of plans be submitted for Commercial projects and four (4) sets of plans for Single-Family Residential projects to ensure that an adequate number of plans are available for routing and plan check review. 3. Who Reviews and Comments on Plans for Planning Applications, and who attends DRC Meetings: A) Frank Mills reviews planning application plans and writes the conditions of approval. B) Frank Cauthorn attends DRC meetings and distributes comments and conditions of approval and addresses any questions regarding Building Code requirements. 4. Plan Distribution -Coordination of Building Permit Plan Set Log-In: A) Frank Mills logs in and distributes all plans submitted for a building permit. B) We (Planning and Building) will need to continue to coordinate regarding building plan distribution to make sure Planning gets and responds to plan checks if routed to Planning. 5. Plan Set Changes to approved Building Permit Plans: A) Any change to the building exterior, site plan or building footprint should be re-routed to Planning for review. B) A new set of plans or plan sheets should be submitted, reviewed, stamped and signed off by Planning on both a job copy and an office set of the building permit plans. C) These plans must be available in the office and at the job site, especially for final inspections.
cc:Mail for: BarbaraR Subject: Re: Final map approvals From: darrylj 6/27/96 9:47 AM To: glorias To: barbarar To: timh To: akih cc: HaroldH at City Hall cc: ChuckG at City Hall To: MicheleQ at City Hall Michele, That is my understanding of the process as well. Although there was an incident or two where we have not coordinated, it has generaly worked well. Thanks for the confirmation. -~-----,--,---------Reply Separator ________________ _ Subject: Final map approvals Author: MicheleQ at City Hall Date: 6/27/96 9:19 AM Darryl .. Just to confirm our standard operating procedure for filing final maps ... Prior to agendizing the final map for Council approval, the Land Development Section will be requesting "sign-offs" from all Departments and Divisions that have placed conditions of approval on the tentative map approval. I understand this did not happen on a previous map, and several items were overlooked and we do not want to get into that situation again!
cc:Mail for: BarbaraR Subject: "Bond-able" Items & Occupancy From: darrylj 6/27/96 10:12 AM To: akih To: barbarar To: glorias To: timh To: stevep Staff: There should be a common understanding of what items we typically accept a bond in lieu of completing project improvements at the time of opening. We can bond for minor items not completed for a project. It is not acceptable to bond for major work items and improvements for project completion. The following list is intended to provide guidance and criteria for accepting bonds: BONDS a) Minor areas of landscaping (ie-minimal visibility from the public right of way-with some discretion based on the project) including installation, maintenance, removal, and/or protection of trees. b) Fencing if not a critical part of the SARC approval c) Parking lot striping if it will be completed shortly after the project opens and if handicapped parking spaces are identified. d) Other non-life/safety issues related to access and operation of the use. OCCUPANCY Likewise we should also set basic criteria that an applicant/developer must meet prior to allowing occupancy. Below is a list of criteria which overlaps with the bonding issue to some degree. After we discuss this list, we need to discuss with Building, Fire and Public Works to make sure there no additional areas of concern. 1. All required conditions of approval have been satisfied, unless a bond has been accepted in lieu of the condition of approval on a temporary basis. 2. The site is clean and clear of construction debris and is in neat appearance. 3. The site provides safe and adequate public access to the building. This includes physical access as well as visual (lighting) 4. Remove all unapproved signs, banners, and streamers unless otherwise approved. This is a partial list of criteria. Please bring this list with you to Monday's staff meeting for further discussion.
cc:Mail for: BarbaraR Subject: Planning Application Completeness From: timh 6/11/96 8:54 AM To: akih To: barbarar To: glorias cc: micheleq at City Hall cc: darrylj cc: stevep Planners-At the last DRC meeting, three of the pending applications were found to be incomplete by the Public Works staff. The plans were lacking basic information like distance to the center line of the street, dimensions of property lines, and other items listed on our plans submittal check list. When an application is received, we should review the plans for completeness prior to distribution. Additionally, an item should not be placed on the Planning Commission agenda until a determination has been made that the application is complete. A routine letter to the applicant should notify them of the application's completeness, the scheduled SARC meeting(if applicable) and the scheduled Planning Commission date. If an application is incomplete we should notify the applicant in writing, outlining the necessary items to complete the application. This correspondence should be copied to all the departments who made comments regarding the application's completeness. Let us discuss this process at the next planning staff meeting. -Tim
cc:Mail for: BarbaraR Subject: Re: Relocation of utilities for Boulevard Treatment From: glorias 6/3/96 1 :56 PM To: stevep To: glorias To: darrylj To: akih To: timh To: barbarar Michelle-Thanks for the folllow-up-I will be contacting the applicant to get a bid now on the streetscape. Subject: Relocation of utilities for Boulevard Treatment From: stevep Date: 6/3/96 1:42 PM Harold/Chuck/Planning ... We should clarify/document our position regarding the relocation of utilities to accomodate the Boulevard Treatment. Basically, Relocate all water meters and sanitary sewer cleanouts onto private property behind the new back of walk. Relocate all above ground irrigation/fire/power services such as standpipes, backflow preventors, transformers,etc. Protect (or sometimes replace -depending on existing condition) all underground street lighting, signal interconnect conduit and conductors per the City Standard Detail -considering that the conduit may otherwise end up in an unprotected area below landscaping. We will not require the relocation of underground vaults, manholes, or trunk lines, but the applicant must notify and coordinate the new Boulevard Treatment installation with the utility company involved. Hope this helps clarify the issue -please let me know if you have quesitons/comments. MQ
cc:Mail for: BarbaraR Subject: Building Plan Checks From: DarrylJ 2/14/96 5:01 PM To: AkiH To: BarbaraR To: CorinneS To: DarleenB To: DarrylJ To: Franke To: FrankM To: GloriaS To: KristiA To: SharonT To: SteveP To: TimH Staff: In an effort to clarify our internal procedures for approving and signing off on plan checks for building permit applications, the following procedures must be followed: 1) Once plans for a building permit application have been submitted to building, routed to Planning, and assigned to a planner for plan check, a response must be supplied by planning within 10 days. If the plan check will take longer than 10 days, the planner assigned must notify building of the delay and any related issues. 2) BUILDING PERMITS ARE NOT TO BE RELEASED OR ISSUED until a planner has stamped the office set of plans and dated and signed the plans. If MINOR redlines are necessary they should be made on the office copy of the plans and should also appear on the applicant's job copy before issuing a building permit. The final sign off must also be logged into building's computer. 3) If MAJOR revisions are required, planning staff must send a letter to the applicant documenting the required plan revisions. A copy of the letter should be placed in planning's building permits log alphabetically by address for reference. 4) Building plans are to be throughly reviewed, stamped and signed off for all Express Plan Checks. 5) Inadequate plans submitted for a building permit are not to be accepted by the staff person at the counter. The applicant must be notified that his/her plans can not be accepted at this time for lack of information, clarity or detail. NO EXCEPTIONS.
MEMORANDUM CITY OF CAMPBELL To: Community Development Staff Date: February 9, 1996 From: ----1\1) Ll--Tim J. Haley, Associate Plafmer \\ v J Steven Piasecki, Community Development Director Subject: Sin~le Family Residential Additions in Planned Development Zones --------------------------------------------------------Planned Development Districts The Planning Director under section 21.06.080 of the Planned Development Zoning District may review and decide applications for minor additions and alterations to existing buildings. Minor changes are limited to modifications in the site plan or elevations that will not: • 1) Change the overall character of the existing development • 2) Substantially alter the design or specifications set forth in the site plan and elevations • 3) Create a situation or condition contrary to the intent of the ordinance or resolution by which a development was originally approved or Additionally, the planning director must find that the proposed development or action will not have a substantial effect on the surrounding area. Site and Architectural Review for Additions to Single Family Homes The Planning Director under section 21.42.060 may review and decide applications for single family homes and their accessory buildings. Based upon the two authorities cited above, the Planning Director will consider minor residential additions to existing single family homes as minor modifications and will not require the processing of a Conditional Use Permit or Planned Development Permit, when the following findings are made: Mandatory Findines • The proposed addition does not exceed more than 50 percent of the existing square footage of the buildings on the site. • The proposal does not add any additional dwelling units to the site and there are no existing illegal second units on the site. • The proposed addition or alteration does not change the overall character of the site and • The proposed action will not substantially effect the surrounding area or neighborhood. • The property is not on the Historic Inventory or, if it is on the Inventory, the Historic Preservetion Board has reviewed and approved the modification in accordance with City Council Administrative Policy #1.2l(Development of Properties or Demolition of Structures Listed in the Campbell Historic Survey). If the above findings can not be made, then a Conditional Use Permit or Planned Development Permit will be required for the proposed addition. interpret/determinations 96-01
?~u~ q /.JfJ/'1 /)~ {,_,f fh, !,,,,. ~ ~ .slE,.J ? ... r=-"d-.., s~ ~ .: • Vv-,,.;f ~ r )' """ • ~ r-w1 c.4 sF 114
'l'ENTATrvB PARCEL DP PROCEDURE 1. Application Acceptance: 2. A. Log application and assign a File No. B. Review Map No. 1 c. Two copies of preliminary Title Report o. Application File A. B. Preparation: Prepare file this manual. color. Give file to as shown in the File Preparation •action of NOTE: Parcei Map labels are light blue in / :,t••-• (,),',. •• • I I ('f Planner 3. Map Routed to the following Departments for comments: A total of 6 copies of the Parcel Map should be obtained for transmittal to the following departments with a request for comments: A. Fire Department (one copy) B. Building Division (one copy) c. Public Works Department (two copies) D. File copy (one in file) E. Applicant's copy (1 copy) * There is a 14 day response time from the above-mentioned departments. When the response is received, 4. Prepare Letter of Approval <letter No, 1): This letter when signed should be copied and forwarded to the following departments/persons: A. Engineer B. Subdivider c. Public Works Department o. Planning File E. Chron File 'l'ENTATrvB PARCEL DP REQumEIIEN'l'S All parcel maps shall conform to the provisions of the State of California's Subdivision Map Act and local ordinance. The items listed below are general requirements of a tentative map and are provided for the convenience of the subdivider and his/her engineer. It is understood that there may be exceptions and/or additions to the following: 1. Filing Fee of $1,800.00 2. Six (6) copies and one (1) sepia of map 3. Two (2) copies of preliminary Title Report 4. Signature of Engineer and Subdivider
cc:Mail for: DarrylJ Subject: Business Licenses From: AnneB 5/24/95 11 :48 AM To: AnneB To: CorinneS To: CurtisB To: DarrylJ To: GloriaS To: JanH To: SteveP To: TimH To: LisaB I just wanted to make sure that everyone who processes/reviews/approves business license applications is aware that Acupressure is a form of massage and falls under the city's massage ordinance. Any applications for acupressure need to be referred to Sgt. Kern in the Police Department for approval prior to obtaining a business license. Please let me know if you have any questions. Thanks. AB 1
cc:Mail for: BarbaraR Subject: Re: Calculation of FAR From: darrylj 6/6/96 3:34 PM To: barbarar To: timh I CONCUR W/TIM Subject: Calculation of FAR From: barbarar Date: 6/6/96 1:50 PM If a SF plan has an interior living room with a two-story ceiling height, do we consider that area as two floors? In Woodside we did, because it has the same exterior bulk effect (and can be internally converted to two stories). cc:Mail for: BarbaraR Subject: Re: Calculation of FAR From: timh 6/6/96 2:40 PM To: barbarar To: darrylj If a SF plan has an interior living room with a two-story ceiling height, do we consider that area as two floors? In Woodside we did, because it has the same exterior bulk effect (and can be internally converted to two stories). Barbara-The floor area ratio calculation is based upon the square footage of the floor. We have not restricted the height of a floor by definition or policy. Consequently, a tall vaulted ceiling without another floor or mezzanine is one tall floor space and not two stories.-Tim
TO: FROM: DATE: SUBJECT: Planning Staff Steve Piasecki, Director of Plannin~ October 1, 1992 Council Authorization to proceed with General Plan Amendments Requests for general plan amendments are legislative acts and are not subject to the time processing requirements of the Permit Streamlining Act. Also, the Municipal Code does not outline specific policies for processing general plan amendments. General plan amendments may be extremely divisive, inconsistent with other general plan policies, or deemed frivolous and of insufficient merit in the Council's judgement, to allow them to proceed. Since the General Plan is the City Council's blueprint of how the community will develop, the Council is not obligated to accept applications for every general plan amendment submitted by a private property owner. Therefore, similar to the process for initiating text amendments of the Zoning Ordinance, applicants for general plan amendments will be required to first obtain authorization to proceed, from the City Council, prior to formal filing and acceptance of the application. Applicants will benefit by avoiding paying substantial filing fees and conducting analysis of an application that the Council may not be willing to consider. The process for filing requests to amend the General Plan will entail filing a letter requesting Council authorization. The request will be agendized for the next available Council meeting under New Business. The request is not a public hearing and the Council is not obligated to hear testimony. However, the applicant will be invited to attend the meeting and make a brief presentation, if requested by the Council. Also, residents who have specifically requested to be notified of applications in the area will be notified of the request and the date and time of the Council meeting. The Council action will be to adopt a minute order doing one of following: • deny the request to proceed with the GP A • authorize the filing of the application • authorize filing with specific relevant issues Council wants addressed There are two privately initiated general plan amendment requests that will be scheduled for Council consideration at the meeting of October 20, 1992. The first is a proposal to modify the land use designation for a 1.15 acre parcel on an office site located at 600 West Hamilton Avenue, from commercial to residential 6-13 units per gross acre. The second is to increase the residential density of the 7 acre site on Sunnyoaks Avenue at Sharmon Palms Lane, from less than 6 units per gross acre, to 6-13 units per gross acre. cc: Mark Ochenduszko, City Manager Bill Seligmann, City Attorney Bob Kass, Redevelopment Director Don Wimberly, Public Works Director Joan Bollier, City Engineer
PLANNING DIVISION STAFF ORGANIZATION MEETING MARCH 2, 1995 AGENDA I. Purpose • To address modifications to the organization and functional structure of the division. • To have an open forum discussing our work processes • To clarify roles and expectations of staff 11. DOING OUR WORK BETTER 111 . EXPECTATIONS & DISCUSSION IV. ROLES AND ASSIGNMENTS (Primary & Secondary Roles) V. SHORT TERM VS. LONG TERM STAFFING
Planning Di vision Staff Darryl Jones, Senior Planner Staff Responsibilities January 18, 1995 As a follow-up to our impromptu staff meeting last Friday, January 13, I am summarizing the meeting by documenting the purpose and intent of the meeting, and the resolutions we agreed upon. This memo (and last Friday's meeting) is intended to be very explicit and clear in expressing my dissatisfaction with the work being done in the division, and what we are going to do about correcting our inadequacies. Purpose My purpose in calling the meeting was two fold. First I wanted to be clear in defining our role and job responsibilities where I may not have been clear before. Second, to discuss what I have perceived and observed over the last several weeks regarding the development of some poor work habits specifically related to how we are performing our various job responsibilities. We have not been very diligent about maintaining a high level of coordination in completing our work. Intent My intention was to discuss these issue with you and mutually determine how we are going to change how we do our work so that what we do is done better. Issues Discussed Several important issues were raised. They included the following: • Maintaining staff counter hours -Staff should not schedule appointments during the appointed staff counter watch time. Telephone conversations should also be limited during this time to ensure availability for general telephone or counter questions from the public. Staff should also be present during their scheduled counter watch time. If you need to go to the restroom or on a short break please schedule with another Planner. Unfortunately we have been unable to respect each others time and work responsibilities, therefore we have abandoned swapping counter time unless there is an emergency or other condition that I am aware of and have approved.
We have also implemented a lunch time counter watch person. This will inconvenience each person only once a week while providing better customer service during the lunch hour. Corinne will take messages for the Planner on duty if s/he is busy helping someone on the phone or at the counter. Corinne can inform the member of the public that the Planner on duty will be with them shortly or call them back by the end of the day. In this way we can concentrate on other assignments when we are not on counter, and when we are on counter we will be more focussed on customer service. I. DRC, SARC, and Planning Commission Agendas -This area of our work is not complicated and should run like clockwork. • All items scheduled for DRC should be written in the appropriate location on the bulletin board in the File Room. • Items should not be scheduled for SARC until we are ready for it to go to Planning Commission and all issues are resolved. If more than one project planner will be attending the SARC meeting, the project planner first on the agenda should let the next planner know when it is time to present their project to SARC. • Likewise, all Planning Commission items should be scheduled under a 20-day or 10-day notice once all issues are resolved. (there may be some variation to this for large projects) Corinne will continue to scan the schedules and prepare the agendas for DRC and SARC at the required times. If the project planner has not scheduled an item, Corinne will not change the agendas and/ or press notices unless either Steve or I approve the change. If there are 10-day and 20-d a y notices listed, Corinne will advertise both. If it is critical to ~_; advertise a 10-day notice after the initial notice Corinne can advertise for those additional items as well. Mark will continue to coordinate DRC and SARC agendas and meetings. Once we have reviewed the items on the various agendas at our weekly staff meetings, Corinne will prepare the agendas. Mark will continue to staff the DRC and SARC meetings and prepare or coordinate the meeting summaries. When necessary I will sit in on these meetings and temporarily serve as the back up staff person for these meetings in Mark's absence. • Administrative Files -It is everyone's responsibility to varying degrees to maintain the administrative files and records. Corinne will continue to date stamp, hole punch, and insert correspondence and other relevant documentation into the file. This includes establishing files and filing them as necessary. Subsequently, each planner must purge files, date stamp plans and documentation, file correspondence and accurately replace project files in the file cabinets. Planners should sign out files on out cards so that we don't have to continually look for files.
Miscellaneous Items We should all be aware and concerned about the quality of our work and our credibility. Our consciousness about complying with dress code requirements, our amount of "visible" socializing, work hours, phone coverage, timeliness to and preparation for meetings, and communication skills are all important aspects of being an effective Planner. We must all value these issues, teamwork, and each other or the system isn't going to work. cc: Steve Piasecki, Community Development Director
cc:Mail for: DarrylJ Subject: Learning a Lesson From: SteveP 8/2/95 2:30 PM To: CorinneS To: CurtisB To: DarleenB To: DarrylJ To: Franke To: FrankM To: GloriaS To: MarkN To: SharonT To: SteveP To: TimH Community Development Staff, Last night we were reminded why we typically take ordinance amendments to the Council for authorization to proceed rather than going directly to council with the draft of the ordinance. There were three cases that made this point very clear: 1) On the amendment to allow recordation of notices of code violations, we previously asked the City Council to direct staff to proceed with the amendments prior to drafting the ordinance. The Council authorized staff to proceed with the ordinance amendments and last night the amendments were approved with no discussion. 2) A second case last night, involved a sign company request to amend the sign ordinance to allow weekend directional signs (grapestake signs) in the public right-of-way. Last night staff recommended that Council not proceed with the ordinance amendments. After some discussion, the Council agreed and we do not have to prepare the amendments. 3) The third case involved a request from Paul Namkoon of Campbell Billiards to expand the allowable operating hours (to 4 a.m.) and allow minors where beer and wine are sold. We prepared the ordinance on the presumption that this wasn't that big of a deal because the Council would retain control and could still decide not to issue the permit. The Council did not agree with us and voted to not amend the Municipal Code to change either provision. So that we don't waste our time preparing ordinances and presume the Council's preference, in the future, all ordinance amendments or other work items that require staff time will need to first go to the Council for direction to prepare the amendments prior to completing the staff work to redraft the ordinance. The report requesting Council direction must include a description of the issue and a logical arguement to support the staff's position, whether it is to proceed with the ordinance amendment or as we did last night a recommendation not to proceed with the amendments. In some rare instances, we may decide to go directly to Council and not pass go ... but these will be the exception and not
the rule. If you have any questions or concerns with this approach please discuss them with me. Steve 2
Author: sharonf at MIS Server Date: 1/2/98 9:27 AM Priority: Normal TO: Mail List -#Planning Subject: Additional Uses per Section 21.72 Message Contents------------------------------------Several zoning district chapters refer to this section "Additional uses permitted". Steve and I discussed the "Educational Institution" category last week in conjunction with a request to operate a private music school in the Professional Office District. There is a definition in the code, Section 21.02.175, that narrowly defines educational institution as a college or university giving general academic instruction equivalent to the standards prescribed by the State Board of Education. This definition precludes a liberal interpretation of that section. 0 I
Director's Interpretation of Application Fees Page 1 Application Fees Subject: Director's Interpretation of Application Fees 1. Application Fees Applied Cumulatively Planning application fees are collected for each individual component of an application. Therefore, an application (such as the Jack-in-the-Box) that involves a use permit to expand or allow a fast food restaurant and a proposed remodel of the site and or buildings will be charged the $1495 fee for the use permit and a $1495 fee for the site and architectural review, for a total fee of $2990. If the site already has a use permit for a fast food restaurant and the application does not expand the permitted activity then the applicant would not be charged for the use permit portion. 2. Modifications of Approval The modification of an approval fee of $920 will only be charged when an applicant is making a minor modification to the provisions of a site and architectural approval or use permit already on file. Examples would be the recent request of Al Cote to eliminate the condition relating to reciprocal access for his liquor store site and architectural application. Applications for a completely new site and architectural approval or use permit that does not constitute a minor modification of a recent approval are to be treated as new applications and charged the full fee for a minor or major application. An example includes the architectural and site approval for the building at the south west corner of Winchester Boulevard and Latimer Avenue. Even though there was a site and architectural approval granted years ago, the current application involves significant modifications to the building, site and landscaping and should not be interpreted as simply a modification of the previous approval. Therefore, the fee for the SARC application will be $1495.
Director's Interpretation of Application Fees Page2 3. Planned Development Permits Planned development permits are the only category that combines the permitting of the use and the site and architectural approval and will not be charged separate fees for these two functions. Planned development permits will be charged cumulatively for all other associated applications such as rezonings and general plan amendments. An example is the proposed commercial development at the corner of Winchester Boulevard and Hacienda Avenue. The applicant would be charged a separate fee for the general plan amendment, zone change and planned development permit. The planned development permit encompasses the permitting authority for the proposed fast food restaurant and the architectural and site approval and an additional SARC fee and use permit fee would not be collected. 4. Interpretations There will be some grey areas that require interpretation of when a proposal is a new application versus when it is a modification of a previous approval. If it is unclear to the project planner I will be happy to assist you in the interpretation. DATE: August 7, 1992 Steve Piasecki, Director of Planning
( MEMORANDUM CITY OF CAMPBELL To: File Date: November 3, 1992 From: Gary Jtruger, Traffic Engineer Subject: Policy on Bus Duckouts ----------------------------------------------------------Bus duckouts allow buses to stop at the curb without hindering traffic in the curb lane. Traffic otherwise has to come to a stop behind a bus and wait for the bus to move on or move into an adjacent lane to pass the bus, a hazardous maneuver. Bus duckouts also permanently locate a stop which allows us to provide reinforcing in the pavement to accommodate the added wheel loading of the heavy buses. The City of Campbell requires bus duckouts on all major and minor arterials where the curb lane, with or without parking is less than twenty (20) feet in width. At twenty feet, traffic may pass a stopped bus without encroaching into an adjacent lane as long as parking has been cleared for 80 feet in advance and beyond the actual stop. Bus stops may be established within Class II (striped) and Class III (unstriped) Bike Lanes, so the presence of bike lanes on an arterial has no bearing on the issue of provision of duckouts. Class II Bike Lane striping must be broken at bus duckouts. The bus duckout must conform to the standards established by the Santa Clara County Transportation Agency. gek: cmblmemo.410
Non-Conforming Uses Subject: Director's Interpretation --Non-Conforming Uses Section 21.66.040, of the Non-Conforming Use Ordinance states that a non-conforming use of land (where no main building is involved) may be continued for up to five years, and then must be made conforming (i.e. cease to operate). This section is interpreted to apply to the entire site and not just a portion of a site where a non-conforming use of land exists. For example, this section does not apply to the side yard area of the Can Am site on Central Avenue which is being used for outdoor repair, because there is a main building on the site which also supports a non-conforming auto repair use. The Ordinance provides no definition of what constitutes a "main building." Therefore, use of this section will require an interpretation by the Planning Director (and consultation with the City Attorney, when necessary) where buildings exist that may be construed as "main." One persons main is another persons minor. Dated: December 3, 1992
Requirement for Irrigation of Landscape Areas -Interpretation (Section 21.57.050) Subject: Director's Interpretation of Irrigation of Landscape Areas All landscape areas illustrated on landscaping plans or required as a condition of approval shall include an irrigated system consistent with the intent of the municipal code section 21.57.050 relating to landscape maintenance. Hand watering will only be allowed on an exception basis. For example, the trees required as a condition of approval, along the east property line on the Pak application shall include an irrigation system to ensure their maintenance. The plan check planner should ensure that an irrigation system is shown on the building plans and ensure it is installed when the landscaping is inspected. DATE: June 24, 1992 Steve Piasecki, Director of Planning
Date: To: From: RE: September 10, 1990 Planning Staff Curtis Banks Planning Intern Interpretation of R-1 ordinance 21.08.140 Site & Architectural Review The R-1 ordinance states construction of a building or structure on an undeveloped lot in an R-1-8, R-1-9, R-1-10 and R-1-16 .ZOning District shall be permitted only after the project receives Site and Architectural approval by the Planning Commission. Several projects have been presented which propose removing or substantially replacing an existing home in order to build a new house on the site. At question is whether the lot should be considered undeveloped, requiring Site and Architectural review and Planning Commission approval, or a developed lot , which can be approved at staff level. The Planning Director has determined the aforementioned projects should be treated the same as a undeveloped lot requiring Site and Architectural review and Planning Commission approval. The applicant should file an application for Site and Architectural Review, and pay the appropriate filing fee. If, in the opinion of the Planning Director, a significant portion of the building will be retained the project can be approved at staff level.
Requirement for Roof Screening -Interpretation (Section 21.42.050) Subject: Director's Interpretaion of Roof Equipment Screening The standard condition relating to roof equipment screening shall be interpreted to mean that the maximum height of all anticipated roof equipment shall be at or below the height of the parapet or approved roof equipment screen. The burden of proof for any variation from this requirement shall rest with the project proponent to demonstrate that the equipment will not be visible from any area around the site. This means the project proponent would be responsible for cutting sufficient sections around the building to reasonably demonstrate that no portion of the equipment is visible from any public right-of-way, adjacent residential areas, or other areas open to the general public, such as commercial or office areas. DATE: May 1, 1992 Steve Piasecki, Director of Planning
To: From: Date: _of·C,t¾,o /.,.~ . _1,.·.r-:.-~(('I u . }-~i~f )c ~ " .,,. ,s.<"' __.._. __ 1.-. ~ ," • o~c,. • "" --------------·--·----CITY OF CAMPBELL City Attorney's Office MEMORANDUM PLEASE RESPOND TO; 3'/, N. Santa Cruz Ave. Suite A Community Development Director Steve Piaseck.1.1...0s Gatos, CA 95030 TEL 408.399. 7766 City Attorney William Seligmann July 15, 1996 Re: Bickel v. City of Piedmont Discussion FAX 408.399.7767 In the recent 1995 decision in Bickel v. City of Piedmont, handed down by the California Court of Appeal, Bickel had appealed to the Planning Commission for a second story addition to his home. Bickel then asked for a continuance not to exceed six (6) months. Six months later, the Planning Commission, at the request of the applicant, continued the matter for a period not to exceed another three (3) months. At the next hearing, the Planning Commission indicated that it would not approve the project, and by mutual agreement, the applicant was given a continuance. At the next hearing, the Planning Commission denied approval. On appeal to the city Council, the applicant raised the issue of the Permit Streamlining Act. The City Council affirmed the Planning Commissions actions. The applicant then filed a writ of mandate, stating that since the Council failed to act on the application as required in the Permit Streamlining Act, the application was "deemed approved". The case was taken to court and reached the appellate level. the appellate court held that the Fermi t Streamlining Act allows for only one continuance beyond the six month approval period for a maximum of ninety (90) days when agreed upon by both parties. The Court ruled that the statutory requirements may not be waived even by agreement. Therefore, failure of the City to act upon the application within six (6) months plus the ninety (90) days resulted in approval of the application. Conclusion The California Court of Appeal reiterated the Permit Streamlining Act allows a Planning Commission only one continuance beyond the six month approval period, not to exceed ninety days, when mutually agreed upon by both parties, and that the statutory 70 North First Street Campbell, California 95008.1423 • TEL 408.866.2129 · FAX 408.374.6889 • TDD 408.866.'.2790
requirements cannot be waived even by agreement. Failure of a City to act upon an application within six months plus the ninety days, results in automatic approval. This policy will not change any of Campbells' current policies that are in place. However, Streamlining dates must be closely monitored and cannot be extended by agreement beyond the ninety days. DEMPSTER. SELIGMANN & RAIN ERi ArTOI\NtY\ AT l,\W
(_ MEMORANDUM CITY OF CAMPBELL \_ ro: From: Subject: Campbell Boards and Commissions City Attorney William Seligmann /1"•' 5 Important Brown Act Issues Date: May 4, 1994 ----------------------------------------------------------BACKGROUND At a recent presentation on the Brown Act, numerous issues were raised. In an attempt to clarify some of these issues, this memorandum addresses the • basic Brown Act requirements that can confront Campbell's Boards and Commissions. ISSUES 1. What are the basic agenda requirements under the Brown Act? 2. What can be discussed at a meeting? 3. What constitutes a meeting under the Brown Act? 4. Where can meetings be held? 5. What are the penalties for violating the Brown Act? DISCUSSION A. Notice Reguirements Normally, an agenda of items to be discussed must be posted at least seventy-two (72) hours before each regularly scheduled meeting of a board or commission. Prior to a "special meeting," which is not at a regularly scheduled time, an agenda must be posted at least twenty-four (24) hours ahead of the meeting; and all members of the press who have requested notice of special meetings must also be advised twenty-four (24) hours in advance. The agenda must contain a brief description of each item to be discussed at the meeting. The agenda must also provide a time for members of the public to address the board or commission. This right applies to any matter within the boards' or commissions' jurisdiction at a "regular" meeting, but is limited to agendized matters at a "special" meeting. In either case, the public has a right to address any item on the agenda before action is taken. Staff is responsible for implementing this provision.
Important Brown Act Issues Page 2 B. Discussion at Meetln1s Subject to a few very limited exceptions, commissioners cannot discuss an item unless it has been listed on the agenda. The commission must allow members of the public to address any item on the agenda prior to taking action. In response to questions posed by the public on unagendized items, the commission may do any of the following: C. (1) Ask a question for clarification; (2) Refer the matter to staff; (3) Request staff report back on the matter at a subsequent meeting; or ( 4) Have the matter agendized for a future meeting. What Constitutes a Meetin2 Definition The Brown Act defines a "meeting" broadly as either: (1) Any congregation of a majority of the members of a legislative body in the same time and place to hear, discuss, or deliberate upon any item that is within the subject matter jurisdiction of the legislative body or the local agency to which it pertains; (2) Any use of direct communication, personal intermediaries, or technological devices that is employed by a majority of the members of the legislative body to develop a collective concurrence as to action to be taken on an item by the members of the legislative body. Under this definition, and the case law interpreting the Act, a "meeting" includes: (a) A gathering of a majority of commissioners in the same place; (b) Communications channelled through one person, who contacts a majority of the commissioners in an attempt to form a consensus on an item before the commission; and ( c) A chain of contacts from one commissioner to another commissioner that eventually takes in a majority of the commissioners, and is intended to foster a consensus on an item before the commission.
(· .. Important Brown Act Issues Page 3 All of these "meetings" are subject to the requirements of the Brown Act. Consequently, the latter two types of "meetings" are prohibited, since they would not be readily open to the public. 2. Exceptions The Brown Act does allow certain limited exceptions to its notice requirements. The following types of gatherings are exempt from the Brown Act, provided that a mfliority of the members do not discuss business that is within their "subject matter jurisdiction": 3. (a) Attendance at a conference or seminar that is open to the public, involving issues of &cncral interest to public agencies; (b) Attendance at an open and publicized meeting organized by someone other than the City to address a topic of local community concern; ( c) Attendance at a "purely social or ceremonial occasion." Subcommittee Meetin&s Prior to April 1, 1994, subcommittees of less than a quorum of a board or commission were not subject to the Brown Act. As currently amended, the Brown Act now applies to standing subcommittees that have either (a) regularly scheduled meetings, or (b) "continuing subject matter jurisdiction." For purposes of the Act, my office has interpreted "continuing subject matter jurisdiction" as meaning the ability to take final action without presenting the matter to the full commission. This provision, however, will no doubt be subject to future litigation that may affect its scope, and my office will monitor this matter closely. Ir you have any questions about •meeting" rules, please consult staff. D. Location or Meetlnp Under the new provisions of the Brown Act, all meetings must be held within the City boundaries, except for the following: ( 1) As ordered by a court or state or federal law; (2) Inspections of property located outside the City; (3) Meetings involving other cities or public agencies;
I ,. ( Important Brown Act Issues Page4 ( 4) Visiting the City Attorney's office for a proper litigation closed session; and (5) Meeting with state or federal officials to discuss legislative or regulatory issues affecting the City. Your staff' person will normally be responsible for compliance with these requirements. E. Enforcement 1. Methods or Enforcement The Brown Act provides for civil and criminal enforcement. 2. Civil Enforcement Any interested person has a right to bring a civil action to enforce the provisions of the Brown Act, and invalidate actions taken in violation of the Act. If the interested party prevails, the City must pay their costs and attorneys' fees. In the event of a civil action, the City is responsible for defending the action, and individual commissioners are not personally liable so long as they are acting in good faith. 3. Criminal Enforcement As amended, the Brown Act provides that any member who attends a meeting where action is taken in violation of the Brown Act is guilty of a misdemeanor, if the member wronmilly intended to deprive the public of infonnation to which the public is entitled. Essentially, under the Act, a commissioner must intentionally violate the law to be subject to prosecution. As a misdemeanor, violation of the Act could subject the commiss,oncr to a fine of up to $1,000 or confinement in jail of up to six (6) months, or both. Unlike a civil prosecution, the City is generally prohibited from defending a commissioner accused of a criminal violation. However, such prosecutions have been extremely rare, and should not be of great concern to anyone acting in a good faith belief that they arc complying with the Act. CONCLUSION 1. An agenda must be posted seventy-two (72) hours before a regular meeting and twenty-four (24) hours before a special meeting. The agenda must include a brief description of every item to be discussed at the meeting.
Important Brown Act Issues Pqe5 2. Generally, only those items appearing on the agenda can be discussed at a meeting. --·" 3. A meeting includes not only a gathering of a majority of the members of a commission, but also any series of contacts designed to develop consensus among a majority of cnmrnis.sioners. Consequently, such serial contacts to develop consensus are prohibited. 4. Subject to certain exceptions, all meetinp must take place within the boundaries of the City. Conferences are one notable exception, provided specific City business is not discussed. 5. The Brown Act can be enforced by civil action or criminal prosecution. Civil actions are defended by the City, while criminal prosecutions must be defended by the individual accused of the violation. ,,-::_,,,,,7 s-WRS:jjs f:Issues
'.rO: PROM: MEMORANDUM RECEIVED JU~! 2 1 1994 l'.ITY MANAG[.q'S OfflCt Steve Piasecki, Director of Community Bill Seli~, City Attorney June 20, 1994 RECF-1,,,..~ RE: Housing Loan committee Closed session to consiJWfJ Lo~-; Background The City of Campbell Housing Loan conunittee is charged with determining when to grant low interest rehabilitation loans to City residents. In the course of reviewing prospective loans, the committee routinely discusses applications containing City residents' financial documents such as tax returns. As a result, the City has requested a legal deter~ination as to whether a closed session can be held for this purpose and whether the loan applications and related documents become public records. :rssue 1. May the City of Campbell's Finance Subcommittee hold a closed session to discuss low interest loan applications? 2. Do the loan applications and related documents become public records if submitted to the subcommittee for its review? Discussion A. Brown Act Requirements vs. Privacy Rights of Applicants Clearly, under the provisions of the Brown Act, a closed session to discuss loan applications or interview prospective applicants is prohibited. A closed session must be expressly authorized by a specific statute. (Cal. Gov' t Code §54962) . Currently, there are primarily six reasons for permissible closed sessions: 1. To instruct negotiators of real property transactions (Gov't Code §54956.8); 2. To instruct negotiators who are meeting· and conferring with represented and unrepresented employees (Gov't Code §54957.6(a)); 3. To discuss pending litigation with the city attorney (Gov't Code §54956.9); 4. To consider the appointment, employment, evaluation of performance or dismissal of a public employee (Gov't Code §54967); -1-
5. To consider license applications by persons with criminal records (Gov't Code §54956.7); and 6. Meetings with law enforcement regarding public security (Gov't Code §54957). The discussion of low interest loans does not fall in any of these categories Although the Br~wn Act does not permit a closed session to discuss loan applications, the constitutional privacy interests of applicants may outweigh the tenets of the Act. The inalienable right of privacy guaranteed by article I, section 1 of the state Constitution protects a larger zone in the area of financial and personal affairs than the rights afforded in the federal Constitution. Wilson Y, California Health Facilities Cormnission, 110 Cal.App.3d 317, 324 (1980). However, the right to privacy is not an absolute right, but one that may be outweighed by supervening public concerns. Wilson, supra at 325. For example, state legislation in the area of public safety and health is one such concern that may override the right to privacy with regard to financial affairs. However, discussions regarding low interest loans arguably do not involve such a significant concern as public safety and is thus insufficient to override privacy concerns. California enforces a rigorous policy against the gratuitous disclosure of an individual's financial condition to the public pursuant to the California right to privacy. Burrows y, Superior Court. 13 Cal.3d 238, 243 (1974). When confronted with a conflict between state statutes such as the Brown Act and Constitutional rights, the Constitutional provisions must prevail. Thus, discussions of a loan applicant's financial condition would have to be protected from public disclosure. However, constitutional rights can be waived by the holder of the right. An argument can be made that privacy interests of loan applicants are effectively waived by the very nature of the loan program itself. First, it is axiomatic that the purpose of the Brown Act is to afford open and public deliberations so that the public can keep control over their government. As a result, seems that a. loan of public funds pursuant to the City's loan program is exactly the type of transaction which the Brown Act seeks to be conducted in the open. Since loan applicants voluntarily chose tc seek funds from the City as opposed to other private loan institutions, it is reasonable that the public should be able to know who is receiving these funds and why. This aforementioned type of situation is patently different from a case where a public entity actively seeks out information on an individual. There have been instances where a person was found to have waived any privacy in their tax returns. Crest y, Superior Court. 62 Cal.2d 274 (1965). Although Crest is not -2-
analogous to the present situation, it does demonstrate that waiver by individuals have been held permissible. Nevertheless, the waiver of a constitutional right must be knowing and intelligent. Blair y. Pitchess, 5 Cal.3d 258, 274 (1971). A right simply cannot be presumed to have been waived. It is well established that courts closely scrutinize waivers of constitutional rights, and indulge every reasonable presumption against a waiver. Sambo"s Restaurant Inc. v. City of Ann Arbor, 663 F.2d 686, 690 (6tp Cir. 1981). Thus, in order to maintain compliance with the Brown Act while preserving the privacy interests of loan applicants, it appears a waiver would be a sound solution. Again, the courts examine very closely any attempted waiver of constitutional rights. However, if a knowing and intelligent waiver was obtained from the applicants, loan discussions could then take place in an open meeting. Attached is a draft waiver form for loan applicants. B. Public Records While a determination of whether the subcommittee can meet in closed session to discussion the loan application is one issue, a separate and distinct question is whether the financial documents submitted in support of the application are public records and therefore subject to disclosure. Ordinarily under the provisions of the Brown Act, writings which are distributed to all or a majority of the members of a legislative body, such as the finance subcommittee, by any person in connection with a matter subject to discussion or consideration at a public meeting of the body, are disclosable public records. (Cal. Gov't Code §54957.5). However, this aforementioned section does not apply to documents exempt from disclosure under Section 6254 of the Government Code which provides as follows: "Except as provided in Section 6254.7, nothing in this chapter shall be construed to require disclosure of records that are any of the following: (k) Records the disclosure of which is exempted or prohibited pursuant to federal or state law, including, but not limited to, provisions of the Evidence Code relating to privilege.N California enforces a rigorous policy against the gratuitous disclosure of an individual's financial condition to the public pursuant to the California right to privacy. Burrows y. Superior court, 13 Cal.3d 238, 243 (1974); Valley Bank of Nevada v, Superior court, 15 Cal.3d 652, 658 (1975); and Doyle y. State Bar, 32 Cal.3d 12, 19 (1986). Thus, the financial records of loan applicants are exempt from the disclosure requirements of the Brown Act. -3-
Conclusion 1. Loan applicants' right to privacy in ·their financial condition can be addressed by a knowing and intelligent waiver which would therefore allow an open meeting for loan discussions in compliance with the Brown Act. Given this result, the City should have loan applicants read and sign a waiver form as part of the loan application process. 2. Financial records of loan applicants are exempt from the disclosure requirements of the Brown Act. I -4-
CITY OF CAMPBELL Low Interest Rehabilitation Loan Program Waiver Form IMPORTANT! PLEASE READ THIS FORM IN ITS ENTIRETY BEFORE SIGNING IT! Pursuant to article I, section 1 of the California Constitution, you have an inalienable right to privacy in matters concerning your financial and personal affairs. This right protects you against the gratuitous disclosure of your financial condition to the general public. As the holder of this right, you may also waive any right to maintain such financial information private. If you choose to waive this right to privacy, your financial condition as contained in, or attached to. your loan application, may be disclosed to the public. With regard to the rehabilitation loan which you have applied for, the source of the loan comes from public funds. As a public entity, the City of Campbell must comply with the requirements of Government Code Section 54950 et seq. which requires open and public deliberations so that the general public can keep control over its government. In the course of reviewing prospective loans like the one you are currently applying for, the City of Campbell discusses applications which include financial information of the applicants. These discussions take place in an open meeting which can be attended by the public. I, _________________ , have applied, or intend to apply, for a low interest rehabilitation loan from the City of Campbell. I have voluntarily chosen to apply for a rehabilitation loan from the City of Campbell as opposed to other financial or lending institutions. I have read the information above and understand that I have a right to privacy in matters concerning my financial and personal affairs and that I can prevent disclosure of such information to the public. I further understand that if I waive my right to privacy, my financial condition may be open to the public and that such information will be discussed by the City of Campbell in an open meeting. However, in consideration of the fact that I have applied for a low interest loan which is supplied by public funds, I hereby voluntarily and knowingly waive any and all state or federal right to privacy in any and all financial information contained in, or attached to, my rehabilitation loan application submitted to the City of Campbell. Dated: __________ _ Loan Applicant -5-
IIBIIORAIIDOM TO: Mark Ochenduszko, City Manager Bob Kass, Public Works Director "'teve Piasecki, Community Development PROM: Bill Seligmann, City Attorney CONFIDENTIAL: ATTORNEY-CLIENT PRIVILEGED August 3, 1994 RE: Impact on Land Use Law Due to Supreme Court-Decision in Nolan v. City of Tigard BackgrouncS A recent decision handed down by the United States Supreme court potentially signals a major change in land use law, in particular, the test courts will use to examine land dedications imposed by municipalities as a condition to development or permit approval. As a result of this change, the city of Campbell should strongly consider adopting procedures which will establish individualized and definite findings in support of such dedications. Issue What changes, if any, need to be made with regard to the City of Campbell's findings in support of land dedications as a condition of land use entitlements? Discussion A. Previous California Standard Under Nollan The primary issue involved in dedications is not whether the dedication or the payment of a fee as a condition to development can be required but to what extent and in what amount the dedication or fee can be imposed. Generally, under prior law, the courts would uphold the constitutionality of a city's ordinance, or imposition of conditions requiring dedication as a condition of land use approval, where the following conditions were met: 1) the city is acting within its police power; 2) the condition substantially furthers a legitimate governmental interest; 3) the condition further the same governmental purpose advanced for regulating it; and -1-
4) the owner is not denied economically viable use of his/her land. { )' It has been the third element, the connection between the dedication condition and development, which has resulted in the majority of constitutional challenges. The leading case on this , ~ issue was a decision handed down by the United State Supreme Court , . , . ,.., ,·. _ in Nollan v. California coastal Comm'n, 483 U.S. 825 (1987). • . In Nollan, the California Coastal Commission approved the construction of a two-story beachfront house, subject to the condition that the owners dedicate a public access easement across a portion of their property. The easement purportedly would assist the public in viewing the beach and in overcoming a perceived psychological barrier to using the beach. The owners challenged the easement, claiming that the condition violated the Fifth and Fourteenth Amendments' prohibiting against taking private property for public use without just compensation. The Court held that, although protection of the public ability to see the beach was a legitimate governmental interest, no nezus or connection existed between the identified impact of the project ,\(') (obst':'uction of the ocean view) and the easement condition(~-) (physical access across the beach). 1 • • ' ~-~·· Thus, the exaction constituted a taking of private property without just compensation in violation of the Fifth and Fourteenth Amendments. Since the Court in Nollan found no nexus between the dedication condition and the burden being imposed by the new development, the analysis stopped and did not proceed to the next question, namely, whether the degree of the land dedication condition bears the required relationship to the projected impact of the property owner's development. Previously in California, the courts have required the municipality to show a "reasonable relationship " between the required dedication and the impact of the proposed development. Commercial Builders of Northern California v. City of Sacramento, 941 F.2d 872 (9th Cir. 1991). B. The Impact of Dolan This abovementionedreasonable relationship standard has been changed by the recent decision of the United states Supreme Court in Dolan v. City of Tigard, No. 93-518. In Dolan, the petitioner owned a plumbing and electric supply store located in the central business district of the city. She applied to the city for a permit to redevelop the site by nearly doubling the size of the store and paving a 39-space parking lot. The city granted petitioner's permit application subject to conditions imposed by the city's Community Development Code. -2-'')•/
Petitioner was required to dedicate the portion of her property lying within the 100-year floodplain for improvement of a storm drainage system along a creek and that she dedicate an additional 15-foot strip of land adjacent to the floodplain as a pedestrian/bicycle pathway. In support of its conditions, the city made a series of findings which are as follows: "anticipated increased storm water flow from the subject property to an already strained creek and drainage basin can only add to the public need to manage the stream channel and floodplain for drainage purposes ... therefore the requirement of dedication is related to the applicant's plan to intensify development on the site. * * * * * In addition, the proposed expanded use of this site is anticipated to generate additional vehicular traffic thereby increasing congestion on nearby collector and arterial streets. Creation of a convenient, safe pedestrian/bicycle pathway system as an alternative means of transportation could offset some of the traffic demand on these nearby streets and lessen the increase in traffic congestion." In spite of these findings, the Supreme Court held them to be insufficient under the new test of "rough proportionality " The Court stated although "no_precise mathematical calculation .is required, the city must make some sort of individualised determination that the required dedi.cation is related both in nature and extent to the impact of the proposed development." The fallout from the Nolan decision is two fold. First, local governments .must e~gage a quantified study') which makes. an individualized determination, -supported by facts, that the required dedication is related both in nature and extent to the proposed development. The traditional legislative findings on the necessity of the dedication will no longer insulate land use dedication conditions from judicial review. Second, the burden of proof is shifted to the municipality to justify the exaction. c. The Future of Dolan For now, the Supreme Court's opinion in Dolan appears to be limited to the context in which the condition is a dedication of property for _government use;. However,, a major question mark is left by the decision, namely, whether the ruling applies to "in-lieu" or impact/deyelopment· fees which typically are levied to
help pay for the increased demand on services caused by development. In fact, on the same day the Court issued their decision in Dolan, it ordered the California courts to reconsider a decision upholding a requirement that a condominium developer pay nearly $300,000 for public recreation and about $40,000 for public art in Ehrlich v. CUlver City, No.93-842. In any event, it remains to be seen just how far the Dolan decision will be applied. conclusion The decision in Dolan v. City of Tigard requires, at a minimum, that municipalities, like the City of Campbell, make ,quantified and individualized findings which support an imposition of land dedication as a condition to proposed development. -4-
TO: Steve Piasecki, Director of co .. unity Development PROM: Bill Seligmann, City Attorney SUBJECT: Changes to CBQA DATE: June 14, 1994 BACJtGROUJU) In an effort to resolve the difficulty and expense in complying with the California Environmental Quality Act ("CEQA"), a number of propositions for CEQA revisions have been enacted. The major CEQA revision bills enacted in 1993 included AB 1888 and SB 919. ISSUE What changes have been made to the key provisions of the major CEQA revision bills enacted this year? DISCUSSION A. Effect on Pending Projects The CEQA amendments became effective on January l, 1994. The new CEQA provisions are not retroactively applied. For documents in process on January 1, 1994, steps in the CEQA process not yet taken will have to comply with the new provisions B. The Decision to Prepare an Environmental Impact Report 1. Standard for EIR Preparation A new provision has been added to the Public Resource Codel (Section 21080 and 21082.2) that an EIR must be prepared if there is "substantial evidence in light of the whole record" before the City that the project may have a significant effect of the environment. Under the current rule, if an interested party presents a "fair argument" that the City action may have a significant impact on the environment, and if the "fair argument" is supported by some substantial evidence in the record., then the City must prepare an EIR. The fact that there may be other substantial evidence in the record supporting an opposite conclusion is not determinative. lAll code references are to the Public Resources Code unless otherwise stated.
Under this "substantial evidence test", City decisions are upheld if they are supported by any substantial evidence in the record. 2. Definition of Substantial Evidence The Legislature has defined the type of substantial evidence needed in·making a determination about whether there is a significant effect on the environment. The new provisions specified that •argument, speculation, unsubstantiated opinion or narrative, evidence which is clearly inaccurate or erroneous, or evidence of social or economic impacts which do not contribute to, or are not caused by, physical impacts on the environment, is not substantial evidence. Substantial evidence shall include facts, reasonable assumptions predicated upon facts and expert opinion supported by facts" (Section 21080(e) and 21082.2(c)). These new provisions essentially codify case law in attempting to define substantial evidence in regard to the decision to prepare an EIR or a negative declaration. • If, for example, an industry group claims that a City project harms the environment, that group would have to provide additional evidence, supported by facts, that the city activities are, in fact, impacting the environment. These new provisions should be helpful to the City in defending its use of a negative declaration against unsubstantiated argument or opinion alleging an environment impact. c. Standards and Procedures for Preparation of Negative Declarations 1. Standard for Negative Declaration Preparation The standard for preparation of an EIR is parallel for Negative Declaration preparation. If the City determines that a proposed project does not have a significant effect on the environment, a Negative Declaration should be prepared if there is no substantial evidence "in light of the whole record" that the project may have a significant effect (Section 21080). This standard, similar to the EIR standard, invites of balancing of the evidence. 2. Public Review Period With regard to public review period for a proposed negative declaration, the period has been amended from 21 to 20 days, unless the negative declaration is submitted to the State Clearing House for review, at which point the review period will be 30 days. These are the minimum negative declaration public review periods and the time periods can
be longer [21091(b)J. D. Changes to CBOA Processing Requirements 1. Posting of Public Notices The Notice of Availability of a Negative Declaration for public review must be posted for a period of 20 days, unless otherwise required by law to be posted for 30 days. Previous law required the Negative Declaration Notice to be posted for 30 days. The Notice of Availability of a draft EIR for public review must be posted for 30 days. [Section 21092.3 and 21152(c)]. County Clerks must now post Notice of Availability, Notices of Exemption from CEQA, and Notices of Determinations (certification of a final EIR or Negative Declaration) within 24 hours of receipt. 2. Expanded Notice of Preparation A new law has been enacted for an optional expanded scoping EIR process which provides for early involvement by responsible agencies and other governmental agencies having jurisdiction over resources affected by the project. This "expanded notice of preparation" may be prepared in lieu of complying with the regular notice of preparation requirement. The required contents of an expanded notice of preparation is set out in detail and is intended to improve the scoping process among affected agencies. 3. New Content and Publication Requirements for CEQA Notices The public notice of availability of an EIR or Negative Declaration now requires that any notice of availability of an EIR or Negative Declaration (also called notices of completion of a draft EIR) must now identify any significant effects on the environment, if any, anticipated as a result of the project and must also state where the documents referenced in the draft EIR or negative declaration can be reviewed by the public. 4. Newspaper Notice With regard to newspaper notice, the public notice of availability of an EIR or Negative Oeclaration requires that, if notice of availability is given by newspaper and, if more than one area will be affected, the notice must be published in the newspaper with the largest circulation among the newspapers in that area. This amended law favors published notice in large regional newspapers as opposed to small local papers. (Section 21092(b) (3} (A)]
s. Pre-Application Consultation Also, a new law has been added with regard to early consultation. The City must provide consultation to a potential applicant prior to filing any applications regarding the range of actions, potential alternatives, mitigation measures and any potential and significant effects on the environment that the project may have. Knowing the significant issues at the outset, an applicant can then better design a project. [Section 21080.l(b)] 6. Deadline for Executing Consultant Contracts A new law has been added requiring that EIRs o;,~ • negative declarations prepared under contract must'be• ,._~xecutea-, within forty-five days from the date of receipt of tne accepted completed application. [Section 21151 (c)]. 7. Appealing EIR Certification to an Elected Decisionmaker When an EIR is certified by a lead agency decisionmaking body which is not elected, that certification may be appealed to the agency's elected decisionmaking body. E. EIR Contents 1. Standard Format Whenever possible, a "standard format" shall be used for environmental impact reports prepared by state agencies. It is assumed that the mandated amendments to the CEQA due by July 1, 1995 will provide further clarification what the standard format will be. [Section 21100(a)]. 2. Cumulative Impact Analysis Under this new law, the City can analyze the cumulative impact of reasonably foreseeable future projects by either preparing a list of projects or using a summary of projection in a general planning document and can use previously approved land use documents in the analysis (such as General Plans, Specific Plans and Local Coastal Plans). If information about the project did not become available until after completion of the draft EIR, a cumulative impact analysis in not required, if the EIR is certified within 150 -days after the public comment period. [Section 2llOO(d)] 3. Final EIR The City must consider comments received on the Draft EIR, evaluate those comments and prepare a written response which describes the disposition of any significant environmental issue raised. The City may respond after the ,.'J, .. ,. i. I • ' • ' ' .. ·,·
\ I_ close of the public review period. rsection 21091 (d)(2)]. F. Approval of BXRs 1. Findings for Approval The findings for EIR approval have been amended [Section 21081(c)r to expand permissible findings that mitigation or alternatives are infeasible to include "legal", "technological", and other considerations "including considerations for the provision of employment opportunities for highly trained workers." These findings could become the basis of a statement of overriding considerations in support of approval of a project that will significantly affect the environment. 2. Mitigation Mitigation measures proposed to the City by _a another agency must mitigate impacts to resources subject to the City's statutory authority. [Section 21081.6(c)). G. Types of EIRs 1. Redevelopment EIRs All activities pursuant to a redevelopment plan are considered a single project, and environmental reviews of such activities can be required if a subsequent or supplemental EIR is required. (Section 21090). 2 . Master EIRs A Master EIR may be prepared for a general plan or amendment thereto, a specific plan, a phased project, a rule or regulation to be implemented by a subsequent project, a project carried out pursuant to a development agreement, or projects in furtherance of a redevelopment plan. The Master EIR must include all of the standard contents of an EIR as well as a description of anticipated subsequent projects within the scope of the analysis of the Master EIR. (Sections 21156-21157.7, Article 2 added). Master EIRs also cannot be used if certified more than five years prior to filing an application for a subsequent project. The five-year limitation can be --t<;>lled·. if the lead agency finds that no substantial changes have occurred since the Master EIR was certified or if it certified a subsequent or supplemental EIR (Section 21157.6). • ',,I 3. Focused EIRs A Focused EIR is an EIR on a subsequent project identified in a Master EIR. It may be used only if the City ,I
finds that the analysis in the Master -EIR of cumulative impacts, growth including impacts and irreversible significant effects on the environment is adequate for the subsequent project. A focused EIR incorporates by reference the Master EIR and analyzes only the subsequent project's additional significant effects on the environment and any new or additional mitigation measures or alternatives not analyzed by the Master EIR. If certain -conditions are met, a focused EIR can be used for multi-family projects not exceeding 100 units or mixed use developments of not more than 100,000 square feet, even if the project was not identified in the Master EIR. The project must be consistent with the General Plan prepared within the last five years, the project must not qualify for preparation of a mitigated negative declaration , or supplemental EIR ......... and the parcel must be bordered by specified types of urban development. H. Judicial Review 1. Expansion of CEQA The Legislature has added a new section which states that the courts should stay within CEQA and its Guidelines in imposing procedural or substantive requirements. (Section 21083.1). 2. Record of Proceedings The City must now disclose the location and custodian of the documents which comprise the record of proceedings on which it has based its decisions. (Section 21081.6(d)]. If the City fails to prepare the administrative record within sixty days after the request is served, sanctions may be imposed. [21167.6(d) and 21167.6]. The City must also state where all documents referenced in the EIR are available for review. It is unclear whether the record of proceedings·/ must now include all documents referenced in an EIR. • t. 3. Notice Request for Hearing A petitioner must serve a notice of the request for hearing on all parties within fourteen (14) calendar days of filing a request for hearing. (Section 21167.4(b)]. Previous law required the request for hearing to be made within ninety (90) days of filing the petition. 4. Settlement Procedures A petitioner must file a pre-settlement statement which includes a statement of the position for which the
petitioner would settle and may consist solely of the petitioner's prayer It is thus unlikely that this section will be an effective dispute resolution mechanism. (21167 .8 (b) (3)]. s. Preferential Hearings The prior law in this area required courts to give CEQA actions preference. The law has been amended so that the courts must now regulate the briefing schedule so that, if possible, the court begin hearings on any appeal within one year of the date of filing of the appeal (Section 21167.l(a)]. 6. Exhaustion of Administrative Remedies In order to clarify the pre-existing exhaustion requirement, the presentation for the grounds for non-compliance has been amended to provide that no action can be brought pursuant to CEQA unless the alleged grounds for non~ compliance were presented during.the public comment period and prior to the close of the public hearing. _(Section 21177 amended). 7. Judicial Remedies It is now easier for a court to allow a project to .. proceed, even if a CEQA violation has been found (Section· 21168.9). If a court finds CEQA non-compliance, it can enter an order voiding only a part of the City's determination. [Section 21168.9(a) (1)]. A court may also prohibit only those specific project activities which would prejudice the consideration or implementation of other mitigation measures or alternatives. The court can mandate the City to suspend only those project activities which c.,i could result in such prejudice thus allowing the other aspects of the project to proceed pending CEQA compliance. (Section 21168.9(a)(2)J;rr P~,rwf I. Summary of Pr~streamlininq Act Amendments _.,, Because projects subject to CEQA are usually also subject to the Permit Streamlining Act, some revisions were made to that Act as well to expedite CEQA processing (Government Code Section 65020). 1. Processing Applications The Permit Streamlining Act prohibits lead or responsible agencies from requiring the informational equivalent of a complete EIR in order to find a permit application complete. (Gov. Code Section 65941). The law prohibits requiring proof of compliance with CEQA as a
prerequisite to a permit application being deemed complete [Gov. Code Section 65941(b) amended]. 2. Simultaneous Responsible Agency Processing At the request of the applicant, a responsible agency must begin processing a permit application for a development project to final action on the project prior to final action on the project by a lead agency, to the extent that the necessary information is available. [Government Code Section 65941 (c) added]. 3. New Permit Streamlining Act Deadlines This is a significant amendment to the review process. ! •. Government Code Section 65950 adopts new deadlines for , -,,, approving or disapproving projects within six (6) months •. ,; 1 after the date of certification of the EIR. If a negative i • declaration is adopted or if the project is exempt, the project must be approved or disapproved within three (3) months from the date of the adoption of the negative declaration or the determination by the lead agency that the project is exempt. (Previously, the applicable period was one year for EIRs and six months for negative declarations or exempt projects). These deadlines are triggered by the date.the EIR is certified or the date the negative declaration is approved, or the date the ··project is determined_ to be exempt. CONCLUSION Under the revisions and additions to the CEQA requirements, there has been a slight change to the "fair argument" standard with regard to EIR preparation. Instead of a party merely presenting a "fair argument" that the project will affect the environment, there must now be substantial evidence, supported by facts, that a project may have a significant effect on the environment. More significant changes have been made to deadline requirements: * A Notice of a Negative declaration for public review must be posted for 20 days; * County Clerks must post Notices of Availability, Notices of Exemption and Notices of Determinations within 24 hours after receipt; * Deadline for Executing Consultant Contracts is 45 days from receipt; and * An administrative record of proceedings must be prepared within 60 days after a request is served. • r ., ' e,.'--· .... _,
Date: To: From: Re: August 1, 1995 Planning Staff Kristi Ashburn Planning Intern Interpretation of Cal. Subdivision Map Act Sections The Subdivision Map Act states that a subdivision of five or more parcels \~ • ' ',, requires a tentative and final map, while a subdivision of four or-fess requires only a parcel map. In question is the definition of "subdivision" as it relates to the requirements set forth in the Subdivision Map Act. As it relates specifically to this case, five lots were to be divided thus being required to file a subdivision map. However, one of the lots was to be used for a '· common access driveway and not for "the purpose of sale, lease or financing, whether immediate or future ... " as defined by the Government Code section 66424 of subdivision. By definition, the authorities have treated as a division any conveyance by which the owner grants a right to exclusive.occupancy of the portion of land conveyed. Under this approach conveyance of an undivided interest on land would not constitute a division because each co-owner would have an equal right to the use and possession of the whole. In the present matter, a sound argument can be made that the fifth lot for a common use access driveway would not constitute an exclusive conveyance within the meaning of "division". Under the "exclusive occupancy" test the fifth lot of the project could be construed to not constitute a subdivision within the Map Act. With only four lots subdivided for the purpose of sale, a parcel map procedure would be sufficient.
'l'O: FROM: RE: MEMORANDUM Tim J. Haley, Associate Planner Bill Seligmann, City Attorney Requirement for Tentative Subdivision Map CONFIDENTIAL: ATTORNEY-CLIENT PRIVILEGED June 6, 1995 ================================================================= Background A proposed development plan for 33 Sunnyside Avenue has been submitted to the City of Campbell. The plan calls for the creation of four townhome lots with detached townhomes and a common interior drive. In the past, the City of Campbell has treated such projects as creating four parcels and therefore only subject to a parcel map procedure and not a full subdivision map. However, the Land Development section of the City's Public Works Department has expressed a concern regarding the processing of such plans under a parcel map instead of a subdivision map. As a result, the City of Campbell has requested a legal determination as to whether the projects involving five different parcels with housing development on only four of the lots should be subject to a parcel or subdivision map process. Issue Where a proposed development project apportions four lots for townhome construction and a fifth lot for a common interior driveway, is the project subject to the requirements of a parcel or subdivision map? Discussion Generally, the subdivision of real property is governed by the requirements of the California Subdivision Map Act as promulgated in California Government Code section 66410 et seq. The Act vests in local agencies the power to regulate and control the design and improvement of subdivisions within its boundaries. In general, under the act, a subdivision of five or more parcels requires a tentative and final map, while a subdivision of -1-
four or less requires only a parcel map. Therefore, a determination of whether a development project such as Sunnyside ' Avenue requires a parcel or subdivision map turns on the number of lots sought to be formed. A strict application of the general rule would result in a finding that the Sunnyside project seeks to divide five lots and should therefore be required to file a subdivision map. However, upon a closer examination of the definition of "subdivision," a different outcome results. Plainly, a development project that does not meet the definition of "subdivision" is not covered by the Map Act and therefore no subdivision map would be required. Government Code section 66424 defines subdivision as follows: "· .. the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future. . " Thus, one key element of the definition of subdivision is whether a division under Section 66424 is contemplated. Various actions might result in a division of land within the meaning of the section. For example, where an owner conveys fee title to a lot, a division has occurred. In other situations, such as the Sunnyside Avenue project, the courts and California Attorney General opinions have formulated a test for making a "division" determination. These authorities have treated as a division any conveyance by which the owner grants a right to exclusive occupancy of the portion of land conveyed. 39 Ops.Cal.Atty.Gen. 82 (1962); 38 Ops.Cal.Atty.Gen. 125 (1961); 17 Ops.Cal.Atty.Gen. 79 (1951); and Alder v. Elphick, 184 Cal.App.3d 642 (1986). Under this approach, conveyance of an undivided interest in land would not constitute a division because each co-owner would have an equal right to the use and possession of the whole. Cole v. Cole, 139 Cal.App.2d 691 (1956); Swartzbaugh v. Sampson. 11 Cal.App.2d 451 (1936). The courts of California have also stated that the conveyance of a nonexclusive easement, the use of which is not limited exclusively to the grantee, would not give a possessory interest and would not be a division under the exclusive occupancy test. Darr v. Lone Star Industries. Inc., 94 Cal.App.3d 895 (1979). In the present matter, a sound argument can be made that the "fifth" lot for a common access driveway would not constitute an exclusive conveyance within the meaning of "division" as contained 2
in Section 66424. The prospective owners of the Sunnyside Avenue townhomes would arguable have a nonexclusive undivided interest in fee to use the "fifth" lot. However, this use would be shared amongst the other homeowners with the equal right to use. Thus, under the "exclusive occupancy" test, the fifth lot of the Sunnyside Avenue project could be construed to not constitute a subdivision within the Map Act. With only four lots subdivided for the purpose of sale, a parcel map procedure would be sufficient. Conclusion Where a proposed development project apportions four lots for townhome construction and a fifth lot for a common interior driveway which is not granted exclusively to a single grantee, the project may be processed under a parcel map procedure. Campbell.subdivision.mem 3
CONFIDENTIAL ATTORNEY-CLIENT PRIVILEGED June 23, 1995 CITY OF CAMPBELL City Attorney's Office MEMORANDUM 'l'O: James Cost, Chief of Police Steve Piasecki, Community Development Director FROM: Bill Seligmann, City Attorney RE: Impact of AB 1873 -commercial Filming Permits PLEASE RESPOND TO: 3'/, N. Santa Cruz Ave. Suite A Los Gatos, CA 95030 TEL 408.399.7766 FAX 408.399.7767 =---==--=---=======================================-============ Background As a result of the 1994 legislative session, the California Legislature passe~ Assembly Bill No. 1873 which became effective as of January 1, 1995. Issue What impact, if any, does AB 1873 have upon the City of Campbell and its departments? Discussion AB 1873 added Sections 14999.36 and 65302.9 to the Government Code. This enactment authorizes a· city to adopt an ordinance governing the issuance of permits to engage in the use of property for occasional commercial filming on location. Furthermore, the new law does not limit the discretion of a city to limit, condition, or deny the use of the property for occasional commercial filming on location to protect the public health, safety, or welfare. Notwithstanding, Section 65302.9 provides that occasional filming pursuant to a local permit shall not be subject to other local zoning or other land use regulation unless the filming ordinance so provides. 70 North First Street • Campbell, Californ,·a 95008.1423 • =L ~08.866.21:29 ,c ,. • FAX 408.374.6889 • TDD 408.866.2790
Conclusion \ AB 1873 provides authority for a city to adopt an ordinance or other regulation governing the issuance of a permit for occasional commercial filming on location.
::i
·11 Iii
Ii:
~l
·I~
........
~(
,'·I
. ~: -.:-~
;:I·
f;
l,;h, ti86, § 1 STATUTES r-
(,t) The obJecUve or the 1trat.egfc plan cannot be achieved 1olely through wi.. • .,r 01, regul■Uon. ·
(b) A request 1ubjecl. to this sect.Ion may not be approved for a period that exceeds the
length of the pilot program authorized under this chapter, but may be approved for ■ ahorur .
period u determined by the approving aecretary.
(c) Prior to approving ■ny request by a county under this 11ection, the Approving aecretary
shRII provide written noUncaUon to the chairpen10n of the appropriate policy committee In
e11ch house of the Legislature. Final approval shall not occur until 30 days after this written · notincation 11 provided.
LOCAL AGENCIES--COMMERCIAL FILMING-PERMITS
Cff4PTER 687
A.O. No. 1878
AN ACT to add Section, 14999.36 and 65302.9 to the Go,,emment Code, nlatlnr lo commercial filmlnr.
(Approved by Governor September 20, l!l!M.f
[Flied with Secretary or State September 21, 1994.f
LEGISLATIVE COUNSEL'S DIGEST
AB 1873, Moore. Commercial ntmlng: pennlll.
EJdsllng l■w provides that local ■genclea ■re encouraged to· uUllze unlfonn ntm pennlt provlelons.
Thia but would apeclncally authorize ■ clty or rounty to adopt ■n ordinance or other
regulaUon governing the IMuance of pennlll to engage In the use of property for occaalonal
commerclal filming on locaUon. The but would 11peclly that thla authorizaUon 1hall not limit
the discretion of a dty or county to limit, condlUon, or deny the use of property for occulonal
commercial filming on location to protect the public health, safety, or welfare. The blll ■110
would provide that these onllnancee and regulatlona would not be 1ubject to local zoning
ordinances or land 118e regut1Uon1 unleaa the filming ordinance or regulations ao provides.
TM ~ of tlui State of Cal((M"llia dlJ e1lad o, follow,:
SECTION 1. SecUon H999.36 la added to the Government Code, to read:
14999.36. A clty or county m■y adopt ■n ordinance or other regulaUon governing the
Issuance or pennlll to engage In the uae of property for occulonal commercial filming, on
location, punu■
n
t
to Sect.Ion 66302.9.
SEC. 2. Sect.Ion 66302.9 la added to the Government Code, to read:
65302.9. (■) A clty or county m■y adopt an ordinance or other regul■Uon governing the l111u■nce of pennlll to engage In the use of property for occaalonal commercial filming on
location. Thia aect.lon 1h■ll not limit the diacretlon of ■ dty or county to limit, eondlUon, or
deny the u■e of property for occaalonal commercial filming on location to protect. the public health, safety, or welfare.
{b) All ordinance■ and regal■tlon■ enacted by ■ city or county regul■Ung by permit the u■e
of property for occulonal commercial filming on loc■Uon shall not be 111bJect to zoning
ordinances or other land 11111! regul■Uon■ of that Jurl■dlctJon unle1111 the filming ordinance or
regulation ell)>re.ly states that It la 1ubJect to, or governed by, th011e zoning ordln■ncee or other land uae regul■Uon■.
(c) The 1181 of property for OCftllonal commercial filming on loc■Uon engaged In pur■u■nt
to a ntmlng penntt luued by ■ city or county eh■ll be pennltted In ■ny zone unleaa the zoning
2786 .,._ II' cll■lltlt llllllclliN llf ~; ........ lly ■lltrllb • • •
-----·
·'
1993-1994 REGULAR SESSION u, .. "1<8, 9 .:
ordinance or other land use regul■Uona or the Jurt1dlctJon uprealy prohibit I. dtal
,· 10ne. :l
FAMILY LAW-CHILD CUSTODY PROCEEDING-ABUSE ACCUSATIONS
CHAPTER 688
• ' A.B. No. 2846.
;·• :•1
'· AN ACT lo amend Section 3027 or the F■mll7 Code, ■nd to ■mend Bed.Ion 68553 of the Go•emm,nl
• Code, rel•tlnr lo faml17 law. •
". ,, [Approved by Govemor Seplember 20, 1994.I l I • I .. ) ·., • • • • f ' ' '.' • ' • , ' • • ~ • • • • • I . • . ,
: . • • • • (Flied with Secret■ry or Sta~ Sept.embff !I, 1994.J -~ . . .. .
of LEGISLATIVE COUN8ttil DIGEST
AB 2846, Connolly. F■rnDy law proceeding■: -acematlon ot lbme.
Eidetlng law provide■ that tr ■ court determine■ during a child custody proceeding that :
. penon hM knowingly made ■ f■lae ■ttlJll■tlon of child 1bu111 or neglect, the court m■y lmpos,
,, upon that penon reuonable money 111nctlon■, not to uceed $1,0l)O and reuon■ble attorney',
• _fee■ Incurred In recovering the, unctlona., , ... ,. ,:, ...
. Thia blll would Instead provide that tile~ may lmpoN reMOn■ble money ■■nctJona, no·
.-to exceed all coat.a Incurred . by . the · party -lffllled , • a cllNet rMUlt or defending th•
'' ■ccuuUon, and reuon■ble ■tt.omey'1 feta I~ In reeoTertnr the. 111nct.lona. . . ·•·I ·I .... • .. ' "
~-
Eid1Ung l■w requlree the Judicial Coulldl to eit.abll■h Judld■I training program■ lo•
specified penon1 who perfonn duUe■ In r■rnllj law tnatten, u epeelJled .
Thia blll would require the Judicial Coundl to collect and analyze Information reg■nlln1
alleg■Uon11 of child abll8e or neglect made during family law proceeding■, ■nd to lnat.ruct o,
the efTecll of allegaUon11 of child abuse or neglect In It■ r■rnlly law Judldal training program,
M apeclned. •
TM ~ of 1M State of Cali(onlia do tllGd a, folk,tot:
SECTION 1. ·SectJon 3027 or the F■mlJJ Code la amended to read:·
3027. •• (■) If ■ court determine& that an acm■atJon of child ■hue or negled made during
chlld cu1t.ody proceeding 111 !■1111 and the penon m■ldnr the _..lion knew It to be falae n
the time the accua■Uon wa■ made, the· eourt may lmpoee reaon■ble money 111nct.lon■, not I
exceed • • • all coeta Incurred b the art ■CCllled • a direct re■ult of delendln th
aCCWl■Uon, an re■eon■ e attorne ■ eea neu n ,._ ng e 111nc on1, ■ga nit t
penon making the ■ccuaaUon .. For the purpo■e■ of ,thl■ Nellon, Npenon". Includes ■ wltnei:
a party, or ■ party'■ .attorney.· .. ; . ,,. . ., ·, , • • . , ,
(b) On moUon by any per■on reque■tlnr aaneUona ander thl■ ■eetlon, the court 1h■ll l■a11
Ill order to 11how c■un why the reqllllt.ed unct.lom 1hould not be. lmpo■ed. The order I
ahow cause ■hall be ""ed on the penon against whom the 11nctlona are ■ought and
hearing thereon ■hall be acheduled by the court to be conducted ■t leut Iii d■y■ ■neT th
order Is ee"ed. ~ -. ~·,.,.. •!1, : q ·, . ·;
(c) The remedy provided by thl■ ■edfon la In addition to any other remedy provided by t,,
SEC. 2. SectJon 686li3 or the Gmemment Code la 11111nded to read:
68663. The Judldal Coundl shall e■tabl11h Judldal lnlnl111 prosnm■ for Judge■, rereret
comml1111loner1, mediator■, and othen • deemed appropriate who perform duties In fan,i'
l■w matt.er■.
The training 1hall Include •·f■mlly ~'.-ion In anyortentadon Hllfon conducted f,
newly appointed or eleeted Jud~ ■nd ■n annual tnlnlnr -'on In f■mlly l■w. •
....... "-...~,."'~~~tf.:llllltlll ., • • 278
··,
cc:Mail for: DarrylJ Subject: Film Permits From: SteveP 7/27/95 2:14 PM To: CorinneS To: CurtisB To: DarleenB To: DarrylJ To: Franke To: FrankM To: GloriaS To: MarkN To: SharonT To: SteveP To: TimH cc: JamesC at Police cc: Paul Kern at Police Jim Cost informs me that the Police Department has a one-stop permit procedure for anyone seeking permission to do any filming within the City of Campbell. This one-stop service fulfills State Law requirements. The movie industry has a strong lobby in Sacramento. If you get any inquiries refer them to Paul Kern who handles permits. You're probably thinking who cares, we never get such requests. Apparently we did have a recent request that Police handled. Hum, I wonder what the film is about?
TASK SITE AND ARCHITECTURAL REVIEW COMMITTEE (SARC) • Report & recommendations to the planning commission SARC Review Areas • Traffic safety, circulation, & congestion • traffic generated by project & impacts on adjacent uses site layout & circulation pattern adequate off-street parking & lighting on-site loading facilities Landscaping location, height, and material of walls, fences, and hedges. landscape plan to address dust, screening of storage and other utilities, screen building, provide harmony with on site and surrounding uses Retention of landscaping (trees) when possible • Building form and site design building location, mass, height, setback, scale, interface with public street, compatibility with area design of building in relation to adjacent structures, bulk, architectural features, elevations, pedestrian and visual orientation to the street, architectural style, signage, window treatment, consistency , roof line and roof pitch.
TO: FROM: DATE: MEMORANDUM Planning Staff Steve Piasecki, Community Development Director Darryl Jones, Senior Planner March 2, 1995 SUBJECT: Staff Organization and Expectations The Planning Division We must lead the City in implementing the vision for physical design and development improvements which show that PLANNING is occurring in Campbell. Not only must we PLAN (establish a development vision of good design, and compatible land uses) the city, we must also facilitate the process by which that occurs. We have listed some specific expectation areas for staff based on the Design Objectives & Themes resulting from the September 16th memo to staff and the follow-up meeting on September 17, 1993. Expectations of Staff 1. Process Facilitators -Staff should function as a personal ombudsperson, including: • • Personally shepherd your cases through the process. No excuses. Do everything (that's ethical) you need to do to ensure your cases meet deadlines, are reviewed in a timely manner by other departments and CFD. • • Personally meet with other departments to discuss any grey areas or policy gaps. Draw out sketch options to better illustrate your points. • • Seek solutions to all problems and develop or negotiate consensus where our planning interests overlap with other reviewing departments or the applicants interests. This can be better accomplished by doing your homework and anticipating the differing perspective. 2. Work Efficiently -Provide information at the counter without limiting your ability to answer calls and service other counter customers. • • Limit counter conversations to answering basic zoning questions, getting the basic facts related to development proposals and referring to Darryl for assignment to a planner. Phone and counter duty should be limited contacts lasting 5-10 minutes. More detailed questions or working out design details should be reserved for a separate meeting. • • Don't duplicate efforts of others. Learn to prioritize assignments in order to meet deadlines and facilitate projects. Communicate with us if you or working excessive numbers of hours of overtime or need ideas on establishing project priorities.
3. Customer Service -Ensure the customer receives prompt response to questions or is scheduled for a meeting, if necessary. • • All calls should be returned on the day they are received even if your don't have the final answer. • • All planners shall be available to handle counter backups. 4. Deadlines -Planners must meet all required deadlines for projects to continue in the application permit process. • • Ensure cases meet environmental and advertising deadlines. (Deadline date will be added to sheduling sheet on bulletin board.) • • Reports are due to the Senior Planner by NOON on the Wednesday prior to the Friday packet preparation. The reports shall be in a completed stage with all issues resolved. Skeleton reports or reports with unanswered questions or issues are not acceptable and cannot be tolerated. • Project planners should meet with Steve and Darryl to develop consistent position on the project and identification of issues if there are any questions. 5. Work Hours -Staff compliance with standard business hours are expected, as well as City policy on standard business attire. • • Work hours are between 8:00 am and 5:00 pm. Slight variations (15 minutes) will be tolerated if it is the exception and not the rule, provided the time is made up the day it is lost. • • Late night meetings may justify later starting times provided your supervisor is aware and approves of the adjustment. • • Hours can be revised for legitimate medical reasons. Each employee shall advise if adjusted hours are necessary. Otherwise, no excuses."be here! • • Hours required for counter time must also be complied with, and the Planner on duty should not only be here but be responsive to counter duty and public requests. As previously discussed, switching of counter time is no longer acceptable unless approved by Steve or Darryl. 6. Division Philosophy - A consistent planning division philosophy regarding development mst be established. • • All planners are expected to represent the department philosophy toward development as outlined in the 1993 memo entitled "Design Objectives" and attached the "Design Objectives/Themes" and in official policy documents of the City. • • Philosophical disagreements can be discussed, but once the direction is provided it shall be enthusiastically represented and uncompromised without labelling it as somebody elses idea.
• • The design objectives, policy documents and individual decisions regarding development is the direction of the department and not any individual. Do not represent these decisions as belonging to any one person. 7. Political Awareness -"Damage Control" shall be kept to a minimum. • • Planners are expected to do their jobs professionally with a minimal amount of need for damage control. Damage control wastes staff time and resources and cannot be tolerated. 8. Professional Conduct -Staff must act in a professional and responsive manner. 9. • • Planners must meet required deadlines, limit and prevent issues from falling through the cracks and being responsible for their own work. • • Produce quality work; handle several cases; work overtime if necessary • • Represent a neutral objective analysis to all hearing bodies. SARC must be started on time with planners prepared to present their own cases to SARC highlighting the major issues of the project, limiting tangential discussions. • • Planners must do their job right (which means: doing follow-up; get results; serve the public interest; represent the division view and/or City position; identify issues shepherd the process; use managers to overcome certain obstacles when necessary; identify and present key issues yourself -not Steve or Darryl; be creative problem solvers) Division Objectives -To work and function as a team • • Clearly present information to the public and other divisions including sharing information between staff. • • Staff should be "cross-trained" in all aspects of the profession and be competent, including preparation of "Project Scheduling Charts" (see attached). • • Staff must take the lead in implementing the vision for the City. • • Staff should document issues, date stamp correspondence and plans, maintain an orderly file and filing system, hole punched, take personal notes out of file. 10. Presentations -Staff should present professional and clear presentations to all hearing bodies. • • Planners are expected to present their own cases and must be prepared and ready to answer questions which should be anticipated by the case planner. • • Have all exhibits on display and ready for the meeting, including overheads as necessary.
11. 12. 13. Division Ima~ -Staff should be aware of and limit public and/or loud socializing. Make the effort to socialize away from your desk area, including reading during your break time. Code Enforcement -All planners are expected to take on some of the code enforcement caseload, and respond within a reasonable time frame. Communication -Communicating with each other is important to our ability to coordinate our work. • • Planners should communicate frequently with each other, as well as with Steve and Darryl. • • Communication should be clear and specific, addressing key issues. • • Use written memo/letters only when documentation is absolutely necessary. They waste time, slow you down and take time to read.
•· •. !.. Review of Projects The Project 'The Good IThe Bad and The Ugly Kirkwood Parkways Parking lots too tight Hamilton Plaza significant landscaping Landscaping at Campbell Plaza is weak Campbell Plaza Architectural integration Bus lane or duckouts Campbell Gateway Parkway Design Double row of trees not provided Building frames Hamilton Ave. Median irrigation not provided Burger King Architectural integration Building is still dated and ugly Architect identified solutions Unable to get streetscape landscaping enhancements San Tomas School R1 -9 Tight cul-de-sac lots Park, north end Home Depot landscaping limited ability to control Simple site/ architectural design Chen, 346 Union Visible open space Building design lower density No porches/balconies Capitalize on existing trees Chang Restaurant some parkway Process Problems elim. driveway Insufficient early work Architecture enhanced streetscape not pushed Site plan not addressed, early on. Director not informed pre-appl. stage Design options not identified early Tersini Density Face Sunnyoak WOT ~~f> F(abric Building not very marketable Visible to street perimeter landscape Pucci (Rincon) detached too tight too much building 32 unit Page Street architecture Townhomes outward oriented Page 1
I Community Development Performance Standards Administrative Services Standard: Goal: Collection: Standard: Goal: Collection: Building Standard: Goal: Collection: Standard: Goal: Collection: Same day call back and answer question within 24 hours 100% of the time Periodically monitor phone messages Conduct a user survey • Public notices published accurately and on-time 100% of the time Note times posting is missed or inaccuracies exist Plan check response within 10 days 100% of the time Monitor service turnaround Inspection within 24 hours 90% of the time Monitor turnaround times User survey Community Development Block Grant Standard: Goal: Collection: Standard: Goal: Collection: Efficient cost per resident served for all non-profits Grant recipients that serve Campbell residents efficiently Measure cost per unit of service for all non-profits and compare to comparable agencies Rehabilitate 10-20 homes for residents within targeted income levels Safe, sanitary housing Number of units rehabilitated per year Current Planning Standard: Goal: Collection: Accurate, well-written staff reports 100% Grade reports against established standards
.. • Performance Measurement Pa e2 April 5, 1995 . Standard: Goal: Collection~ Standard: Goal: Collection: Accurate, clear staff presentations 100% Grade presentations against established standards Attractive, well integrated development projects 100% Grade completed projects against established standards. Policy Development Standard: Goal: Collection: Accurate, well-written staff reports 100% Grade reports against established standards Code Enforcement-(900 hours) Standard: Goal: Collection: Efficient response and resolution of health and safety related code complaints Respond within 10 days Resolve within 30 calendar days Maintain service request log
COMMUNITY DEVELOPMENT DEPARTMENT PERFORMANCE STANDARDS (Measurable Goals) Planning Division The goal of this analysis is to determine if we are doing "a good job", and how we can do our work better. The fundamental question being, •now do we know that we are doing a good job?". Planning Division processes will be measured based on three basic functions of the division (a fourth, Public Information, will be included in measurements of the Administrative Services Section). Within these three function areas, tangible products are created as part of the essential elements of our work. Specific criteria are proposed as a basis for making the final or concluding analysis of our work product, including the current and expected work load for each planner. Performance Measurement Areas I. Quality of Developments II. Quality of Policy Development III. Quality of Report and Analysis Documents Performance Measurement Criteria I. Quality of Developments -The quality of the finished product is something tangible that we can analyze to determine if we need to improve our development review process to ensure that development is consistent w i1h our development policies, and how that goal can be accomplished. PROJECTS Project Complexity • Compatibility • Building Design • Site Design •Use Outside Factors •Planning Commission • City Council • Community Residents • City Departments Desi~ Objectives •Design Objectives/Themes as documented in September 16, 1993 memo to staff Follow Through & Detailing •Plan checks • Site/field inspections • Field modifications 7 /95 1
A) Technical Requirements (zoning regulations) •setbacks • height limits •adequate parking and on site maneuverability •adequate amount of landscaping/open space •appropriate use and permits processed B) Sensuous Environment -Ratings Scale: 1 -5 (lowest to highest) •the way the development looks (architecturally and aesthetically) •does it fit into the context of the area -relatedness and continuity • the way the (building) use smells • how the (building) use sounds • does it feel right • type and design of landscaping •pedestrian accessibility and friendliness •communication of status (image) •orientation of the development (site planning issues) II. Quality of Policy Development -The effectiveness of land use and development policies must be set within a comprehensive context -VISION -for the physical development of the city. Our analysis will factor in current market conditions, as well as providing incentives to encourage future redevelopment of targeted areas. Review of projects developed, and uses permitted in these areas must be consistent with the policy direction established for that area and the city. A) Measurements conducted on various tasks will be based on our ability to produce development policies and guidelines within established time frames, taking into consideration current market trends, (re)development potential, and city-wide need for updated development policies. B) Goal setting for future developments city-wide. III. Quality of Reports and Analysis Documents -All reports and documents will be reviewed and graded based on a scale of 1 - 5 (lowest to highest). Reports include both written and oral reports. Written reports will be reviewed to determine the stages of preparation to provide a comprehensive measurement of our work which includes a Pre and Post edits analysis for both internal review and external critique. REPORTS 7 /9 5 Well written (Complete, clear, grammar spelling & syntax) Compliance with formats (Planning Commission & City Council) Complete findings Comprehensive list of conditions of approval Prepared and submitted on time 2
A) Written Reports (Pre-edits) • is report in a finalized state •does it follow the appropriate format (CC, PC, HPB, appeal, resos, graphics) •are the major issues identified •are the major issues resolved (if not why and where do we disagree w/ applicant and/ or SARC) •are findings and conditions complete • are resolutions included (if necessary) •is the report written clearly (logic sequence, grammar, diction, tense, spelling) • graphic presentation of text •report prepared by deadline •are meeting dates, application type, applicant, application number, item number etc. correct B) Written Reports (Post-edits) • prepared on time • have corrections, revisions, and additions been made •amount of edits required •clarity of report as expressed by questions of staff at the public hearing •any last minutes items/correspondence addressed C) Presentations •clear and concise presentation of major project elements • "speaking" on project vs re-reading the report to the hearing body and public • graphics prepared and on display •anticipated potential questions of the hearing body • presentation sty le •ability to answer questions (knowledge of ordinance and project) 7 /95 3
J. TO: Planning Staff FROM: DATE: Steve Piasecki, Community Development Direct~ September 16, 1993 SUBJECT: Design Objectives Shaping the Vision The City does not have a single physical design vision or image statement to follow, relative to development applications. Attached is a list of policy documents and development applications that provide design direction and precedent relative to specific areas or sites. However, until the community develops an explicit design image or vision the Planning Staff must weave together adopted policy, case histories, decision maker comments, accepted professional practice, and our own professional judgement into an operational statement of design objectives. Physical Development Statement It is difficult to provide a few summary words or single design statement that captures the physical direction that we are trying to attain when reviewing development applications. Some of the cliche phrases that come to mind are as follows: Neo-traditional Clean well-lighted place for people Good enough isn't It just feels right Pedestrian Pockets Connectivity The above cliches are great for selling cars and books but don't provide much guidance for good urban design. I believe we should strive to encourage and implement project designs which are clean. safe. green and people friendly. The following are examples of policy or design direction we have implemented to achieve a clean, safe, green and people friendly Campbell: • Streetscape Policy • 11 pm to 6 am, use permit • Parkways and tree-lined streets • People first, cars later • Frame large streets with • Simple, clean visible landscapes buildings • Visibility into buildings • Ped /bike connections • Open space, functional and • Buildings oriented outward visible
Expectations of the Planner: The task of the case planner is to "sell" and implement the design objectives through the applicant. This is accomplished by identifing the design issues and requesting the applicant to address the design issues in the submittal. Attached is an assessment on the development applications which we have processed identifying successful identification or implementation of design objectives and some that were unsuccessful. The planners are responsible for completing the design review work and all of the technical analysis. ff you don't do the work, I will interject, probably too late, and if you come looking for shortcut answers, you may get them. The physical development of the City is too important to compromise if we haven't done our job in a timely manner. Staff reports must cover the essential issues relating to the application. Write the staff report as if you were going to make the presentation. The text of the report must provide the technical rationale/justification for the non-routine conditions. The degree of influence the case planner has on an application is inversely related to the time the applicant has spent in the process. Your ability to sell the objective is significant in the initial contact and virtually non-existent at the end of the process. Always try to resolve conflicts before they go to the Planning Commission or City Council. The recent discussion of the setback distance from a parking space to the sidewalk on Dell Avenue is a good example. Up to the day of the meeting we thought we had an unreconcilable difference with the applicant over the removal of two parking stalls. When Mike Fuller measured the distance on an aerial photo he discovered their site plan was incorrect and they could accomodate the desired setback without eliminating the two spaces. Never trust the applicants drawings when it comes to critical or disputed issues. In summary I expect all planners to do the following: • Advise applicants during the initial contact, of what we will be looking for when reviewing their application. • Represent the above themes with all applicants seeking input on development applications, in the beginning. • Provide technical design justification including graphics to support position • Negotiate the best package possible, early on!!! • Identify options • Provide technical support to SARC and in staff reports. • Keep me informed of all applications
Design Objectives Pa e3 September 16, 1993 Try to get the applicant to do the work, if at all possible. Once we were able to articulate the design objectives at the Burger King playground expansion the architect was able to come up with an acceptable design. However, sometimes the product is more important to the community than who does it (Frys, Campbell Plaza, Jim Don) and it may be necessary to assist with ideas, design solutions in the interest of a better design. If you don't think you can improve on the proposal then leave it alone. Meeting with the Planning Staff to discuss the design objectives: The Planning Staff will be meeting at my house at 205 Johnson Avenue in Los Gatos, from 8:30 am to 12:00 noon on Friday, September 17, 1993, to review the above design objectives and discuss what can be done better in the review of development applications. take East Los Gatos ex It Saratoga A ' venue ~ East Matn St '••t • I J turn left at th• atop algn, then right turn at Lo■ Gato• frontage road or Cro■• Way lotna Alta • "'"•nue .lohnaon •11 .,. •nue
Design Objectives Page4 1• Policy Documents: Downtown Neighborhoods -~ Open Space Element :..----Community Design Study ., San Tomas Study WELS -.-SOCA NOCA . Streetscape Policy Development applications: Kirkwood Plaza Campbell Plaza Hamil ton Plaza Campbell Gateway Vindasius townhomes Kurt Anderson Apricot Townhomes San Tomas School Home Depot Fry's Stuft Pizza Center 346 Union Greenbriar Sunnyoaks Page Street Townhomes September 16, 1993
Design Objectives/Themes 1) Green • landscape along public street frontages • screen cars and asphalt • tree canopies • tree lined streets 2) Pedestrian Friendly (walkable) • along streets, separate people from cars • separated walks in large parking lots • Comfortable/ safe 3) Land use conflicts • reduce or eliminate • locate loading docks away from residential or screen • use noise walls when essential • discourage inappropriate uses • discourage commercial driveways and traffic on residential streets • less density (where appropriate) • higher density equates to a greater design challenge on most sites 4) Traditional Relationships • visible entries • front porches /balconies • vary the facade • face your neighbor • opportunities for interface • provide for bikes and peds 5) Safe • visibility into open areas • defensible space • police and fire access 6) Functional • circulation • safe and comfortable ped, bike, car ronnections: -to the street -to the neighborhood -to the community -within the project • access to open space and rommerdal areas 7) Oean Design • proportional design Carchi tectural elements, windows, etc.) • rompatible building forms • integration with the neighborhood • design variety to add interest (avoid "project" look) • clean signs • graffiti free • screen and enclosed garbage dumpsters ( revised: September 20, 1993)
(i) CITY OF CAMPBELL . POLICY DEVELOPMENT SEcnON TO: FROM: DATE: SUBJECT: 70 Nonh Fnt Street. Campbell. CA 95008 • 408.866.2140 Planning Staff Julie McCullough, Planner ~ September 13, 1993 Interim Streetscape Standards The City Council adopted the attached Interim Streetscape Standards at their August 3rd meeting. The standards were developed to achieve a unified image along the major streets in Campbell. The interim standards will be finalized in the General Plan Update and any problems encountered will be addressed in the preparation of the final standards. The streetscape standards apply to all parcels on Winchester Boulevard and Hamilton Avenue, to all parcels on Bascom Avenue except those south of Camden Avenue, and to all commercial parcels on W. Campbell Avenue west of San Tomas Expressway. The standards define two streetscape concepts for Campbell's major streets depending on the size and function of the street. The standard which applies to Winchester Boulevard is a ten foot monolithic sidewalk with tree wells cut into the sidewalk every 30 feet. On Hamilton, Bascom, and W. Campbell, a parkway treatment will be required. This consists of a ten foot landscaped strip consisting of turf and trees planted every 40 feet, a seven foot sidewalk, and a ten foot landscaped buffer behind the sidewalk with turf, shrubs to screen parking, and trees planted every 40 feet. The type of tree specified depends on the street and for Winchester Boulevard the type varies with the actual location along Winchester. Planners should . check the standards to determine the appropriate species of tree. The number of trees in each landscaped strip should be calculated by dividing the total frontage by 40' (30' for Winchester). Dedication of land will be required at the time of installation. Public works will require seventeen feet from the curb and a public service easement across the landscaped buffer behind the sidewalk, except on Winchester Boulevard where the ROW will be ten feet. All utilities should be located on the landscaped buffer behind the walk where possible.
Interim Streetscape Standards Memo Pa e2 September13, 1993 Installation of the streetscape will be required when property owners significantly upgrade their property, extending the building's life. The actual thresholds which determine when the streetscape is required are as follows: adding or remodeling 25% of the original building square footage, or altering more than 50% of the facade. Tenant improvements alone will not trigger the streetscape requirement nor will additions of awnings or changes in storefronts solely to accommodate tenants. The Community Development Department will be responsible for recording covenants on parcels that develop but do not trigger the treatment, such as 10% additions, etc. Due to existing site conditions, such as shallow lots or limited parking, the streetscape treatment may not be able to be installed per these standards. In these cases, the Community Development Director has the discretion to allow alterations in the design. A basic tracking system is being developed in order to monitor the process including problems and covenants. The results will be reviewed before the final standards are incorporated into the General Plan Update. This memo serves as a brief introduction to the new standards. Please review the attached packet. It was developed to be used as a reference for the staff and a guide for property owners. Corinne has made copies for the counter. Let me know if you have any questions.
'
STREETSCAPE ·
STANDARDS
The lnlerim Streetscape Standards have been developed to
ensure consistency in the streetscape treatment along
Campbell's major streets. The "streetscape" refers to lhe
land directly adjacent to lhe street in both privale and public
ownership. The streetscape treatment required addresses
the design and materials for sidewalk and landscaping. The
Inrerim SlrcetScape Standards apply to Hamilton Avenue,
Bascom A venue, Winchesler Boulevard, and the commer-
cial portion of W. Campbell Avenue west of San Tomas
Expressway.
The scope of this study is to present appropriate streetscape
treatments for Campbell's major streets and provide lhe
requirements to achieve implementation of the plan. The
standards set in this study were developed by a IO-member
wk force and staff. The task force consisled of elected
officials, representatives of the development and business
communities, and property owners and residents of
Campbell. The Interim Streetscape Standards intend to:
• provide a consistent streetscape treatment along
major slreets that utili:zes street arces as a strong
component in design
• enhance Campbell's identity and community im-
age
• improve the pedestrian environment along
Campbell's major streets
• sofren the image of asphalt by providing landscap-
ing between the street and parking lots
The Interim Streetscape Standards arc not inrended to re-
place the existing landscaping requirements staled in Sec-
tion 21.57 of the City's Zoning Ordinance. Instead, the two
should be used in conjunction to achieve the benefits of both.
In lhe preparation of the standard.,, various components of
the strcetscape sys1em, such as land use, traffic movements,
building setbacks, on/off-street parting, existing sidewalk
type, and existing plant maaerials, were studied. The result-
ing Interim Streetscape Standards provide the requirements
to achieve consistent sttectscape treatments along the speci-
fied streets. lmplemenwion of the streetscape treatments
will primarily be the result of private development efforts,
however, public projects will also be subject to these stan-
dards.
The standards were adopted by the City Council on August
3, 1993 as interim standards and lhey will be effective until
the final streetscape standards arc adopted wilh the General
Plan Updare. The inlerim standards will provide the
groundwork for the final standards.
This document is meant to provide the public, slaff, and the
City Council with a complete packet of the streetscape
requirements. The components of this document include
background information, individual street standards, imple-
mentation requirements, and technical information. Specif-
ics include streetscape design including plans and eleva-
tions, and specific plant malerials. To ensure lhe successful
implementation of the streetscape plan, lhis report also
includes planting and irrigation standards.
PREFACE
Campbell's community image is created in lagepart by lhe major image sttedS which pm lhrough lhe City. The image streets, including Hamilton Avenue, Ba,com A~ue. and Winchester Boulev.-d. are wide commercial avenues wilh varying Slreetscape lrealmeftlS and building 9etbacb. They give CampbeU much of its Chancier. are some of its stton-gest elements of community form, and delineale many of its districts. Most map Image Sll'eClS in Campbell lack a cohesive and oonsistent inge. lnstt.ad, the Sll'eClS lave inconsislent Slreet trealment lhe sidewalk and land!caping tRallments vary along the length of the Slreell. The strceU are auto-dominated and not pedeslrian friendly. The stton-gest consistent image ls a.,phalL The city las not had any policy delermining the type of streetscape it wants ID see and hence the resulL
In 1991, lhe Campbell Community Design Study wu initi-aled u lhe rU'Sl saep in a long-range plaming effort. The study lhrough input from City Council, Planning Commis-sion and staff determined a desired community image for Campbell. One concept discussed in the study WU the lack of consisaency alongCampbeU's "image Slreets." The study recommended unifying each street through a consisaent
streel!Cape treabnent such a lhe sidewalk and landscaping
adjacent to the roadway.
Based on lhe desired community image developed in lhe
Commm1ity Design Stady, the City CouncU and Planning
Commissionlavebeenreqainglheinstallalionof aconsis-tent Slreelselpe tratmc:nt for identif"led image Sll'edS. Re-cent deYdopments which h8'e lnmlled the lll'eellClpe are Hamilton Plaza. Home Depot. Killwood Pim, Campbell
Gateway, and Campbell Pim. However, there is not• adopted City policy n,qulrina die ..... n111on of apeclfic llreelselpelladanllakJnsthelellleetl.
Streetscapellllldllds#IIINadllleaedintheClty'sOenenl
Pl• Update. In the meantime. Council dncied Slaff ID develop 1.-im lcandlrds ID• effective until the rmat strcebClpellllllludslnthe<JenenlPlln Updateareadopled.
In addition, the City Council appohud a ten-member task force IO assist in the development of the sllndlrds. Since the Community Desip Stady provided the general Image de-siaed,thelaltforcefocmedonthelpedficsoldlestnJetscape
standards Including type of sidewalk and planting materials. The laSt ·force did not determine apecific Slalldards for the city's medians due IDtheia-depdl lnffacanalysis necess11y. Instead they have recommended the baic design for medi-ans 10 N SIDdied funher in the Omeral Plan Update. The i111erim standards provide the poundwort for the f"lnal
Slreetscape SIIDdads. The Oenenl Plan updlle will also address Issues which impKt slffJetscape treatment such u building setbacks, pmt.ing requirements and building mass.
BACKGROUND
l .. -.. -.. <
STREETS CAPES
CONCEPT: Parkway Concept LANDSCAPED
DIMENSIONS: 10' Landscaped Parkway Sb'ip
'l' Sidewalk
10' Landscaped Buffer
BUFFER:
STREET TREE: Evergreen Ash -Fraxinus uhdei DEDICATIONS:
TREE SPACING: Double biangulated row, planted 40' on
center where possible. There shall be one
tree planted per 40 linear feet of frontage in
both landscaped sb'ips.
PARKWAY
STRIP:
An approved drought resistant
variety of turf shall be planted in the park-
way sb'ip.
The buffer shall be planted with a
mixture of turf, groundcover, and
shrubs. The back portion of the buffer
shall be planted with shrubs or hedges
to screen parked cars.
The property owner shall dedicate the
necessary land to the City of Campbell
in order to incorporate the parkway ship
and sidewalk into the public right of
way.
HAMIL TON A VENUE
EVERGREEN ASH
40' o.c.
10' PARKWAY
TURF
DOUBLE .TRIANGUIATED ROW
MIXTURE OF SHRUBS, HEDGES, TURF, AND
GROUNDCOVER
7' DETACHED WALK
HAMIL TON A VENUE
CONCEPT:
DIMENSIONS:
STREET TREE: ..
TREE SPACING:
Parkway Concept PARI<W A Y
STRIP: 10' Landscaped Parkway Ship
7' Sidewalk
10' Landscaped Buffer LANDSCAPED:
London Plane ''Yarwood" variety-
Platanus acerifolla "yarwood"
High branch form
BUFFER:
Double biangulated row, planted 40' on DEDICATIONS:
center where possible. There shall be one
tree planted per 40 linear feet of frontage in
both landscaped strips.
• An approved drought resistant
variety of turf shall be planted in the
parkway strip. •
The buffer shall be planted with a
mixture of turf ,groundcover, and shrubs.
The back portion of the buffer shall be
planted with shrubs or hedges to saeen
parked cars.
The property owner shall dedicate the
necessary land to the City of Campbell in
order to incorporate the parkway strip
and sidewalk into the public right of way.
BASCOM A VENUE
10' PARKWAY
TURF
LONDON PLANE 'YARWOOD'
40' o.c.
DOUBLE TRIANGUIATED ROW
MIXTURE OF SHRUBS,
HEDGES, TURF, AND GROUNDCOVER
7' DETACHED WALK
BASCOM AVENUE
CONCEPT: Parkway Concept LANDSCAPED
DIMENSIONS: 10' Landscaped Parkway Sbip
7' Sidewalk
10' Landscaped Buffer
BUFFER:
STREET TREE: Chinese Hackberry-Celtis sinensis DEDICATIONS:
TREE SPACING: Double triangulated row, planted 40' on
center where possible. There shall be one
tree planted per 40 linear feet of frontage in
both landscaped strips.
PARKWAY
STRIP:
An approved drought resistant
variety of turf shall be planted in the park-
way strip.
The buffer shall be planted with a
mixture of turf, groundcover, and
shrubs. The back portion of the buffer
shall be planted with shrubs or hedges
to screen parked cars.
The property owner shall dedicate the
necessary land to the City of Campbell
in order to incorporate the parkway sbip
and sidewalk into the public right of
way.
W. CAMPBELL AVENUE
10' PARKWAY
TURF
CHINESE HACKBERRY
. 40' o.c. DOUBLE TRIANGULATED ROW
MIXTURE OF SHRUBS, HEDGES, TURF, AND
GROUNDCOVER
7' DETACHED WALK
W. CAMPBELL AVENUE
CONCEPT:
DIMENSIONS:
STREET TREE:
10'
~ ~c•rr ~~
Attached sidewalk with tree wells. Land-TREE SP ACING: scaplng behind walk with shrubs to screen
Single row, planted 30' on center. There
shall be one tree planted per 30 linear feet of frontage. parking according to City Ordinanc:e, Sec.
21.57
10' Sidewalk
4' x 4' Tree Wells Placed behind curb
Minimum 5'-8' landscaping behind
walk per Sec. 21.57
See street tree diagram
TREE WELLS: 4' x 4' except for wells for Tulip Trees
which should be 4' deep x S' wide
DEDICATIONS: The property owner shall dedicate the
necessary land to theCty of Campbell In
order to incorporate the sidewalk Into
the public right of way.
WINCHESTER BOULEY ARD
' -·
STREETTREE
PER DIAGRAM
4' 0" x 4' 0"
TREE WELL
SINGLE ROW 30' O.C.
LANDSCAPING
PER CITY ORDINANCE
SEC. 21.57
10' ATIACHED SIDEWALK
WITH TREE WELLS
WINCHESTER BOULEY ARD
Parr -··--·
.. ,
'\,ii ,. ___ _
Hamiton •
t ~
J~
!
1'
N
~ Tullp Tree -Urlodendron tullplfera
II] Honey Locust -Gledltsla,,trlacanthos lnermls 'Shademaster"
• Chinese Plstache -Plstada chlnensls
WINCHESTER
STREET TREES
FULLSTREETSCAPETREATMENT
The full streetscape treatment shall be re-
quired for the following projects:
• projects which add 25% new square
footage
• projects which remodel 25% of the ex-
isting square footage,
• projects which alter over 50% of the
facade.
STREET TREES
TIMING
All projects shall install the streetscape treat-
ment as a condition of approval with no de-
ferred agreements.
CUMULATIVE DEVELOPMENT
All changes shall be cumulative from the date
of adoption and a deed restriction shall be
attached.
Street trees shall be required for the follow-DEFINITIONS
ing projects:
• projects which alter less than 50% of
the facade
• projects which add/ alter less than 25%
of the existing square footage
EXEMPTIONS:
• additions of non-leasable square foot-
age not visible to the public and not
exceeding 10% additional square foot-
age
• The Community Development Direc-
tor shall have the authority to approve
minor alterations of the Interim
Streetscape Standards to accommodate
unusual site or project-related condi-
tions.
Facade Alteration -A significant architec-
tural modification which changes the charac-
ter of the project, such as roofs and entryways,
measured by linear feet. It shall not include
modifications to storefronts solely to accom-
modate tenants, such as display windows or
awnings, nor shall it include maintenance or
repainting.
Remodel -Includes any rebuilding or struc-
tural alterations which change the support-
ing members of a building, such as bearing
walls, columns, beams, or girders or which
alters the exterior appearance of the building.
It shall not include interior tenant improve-
ments or structural alterations solely to meet
code.
IMPLEMENTATION
'· ✓
• Trees shall be planted according to the • Root shields shall be required for all
attached diagram or other City ap-street trees.
proved standard.
• Tree size atthe time of plan ting shall be
a minimum of 15 gallon trees.
• Trees shall not be planted within a 40'
distance from comer to preserve traffic
visibility.
• Hnewtreesarereplacingexistingtrees, • Trees shall not be planted within 15'
larger sizes may be required by the from a driveway in the direction of on-Community Development Director. coming traffic. •
• Larger trees may be required by the
Community Development Director if
the project is determined to be a high
visibility project based on location or
frontage size.
• When only street trees are required on
Hamilton, Bascom, and Campbell Av-
enues, they shall be planted in 4' x 4'
tree wells, 40' on center. Should park-
way treatment be required at a later
date, these trees shall not be removed.
• Deep watering bubbler irrigation sys-
tems shall be required for trees per
attached diagram.
• Transition areas shall be built according
to City standard details.
• Adjacent property owners shall be re-
sponsibleforremoving the transition area
and extending landscaping and irriga-
tion when they are required to install the
streetscape treatment.
• Bus stops and duckouts shall be built
according to City standard details.
• All utilities shall be located in the land-
scaped buffer behind the walk on streets
with the parkway treatment. Utility
boxes shall be screened with landscap-
ing where possible.
TECHNICAL
REQUIREMENTS
The sidewalks and landscaping within the
required streetscape treabnent shall be main-
tained fully by the property owner to City
standards.
MAINTENANCE
._
~ !I
~ 11
; 21
,Ii •1 'Ii ill, •l
N
JI~
I J,n~-r
1•~•M ---.f PYC lATIIIAL lN
4-ft.Y 1-. 2'41' ....
11B NSTAU.ED WA
1WIS1' 6 NAUD
JO 1HI STMIS
,-IUIID TIES PIACED 1• M\JC
ID.OW MAIN fQIIIC Oil IRANCH
NTAUlD WITH A 1WIS1' AHO
tWlED 10 DAIii
a, r DI.\ l00CE P0t1 PH STAICl!S
-15 CAl. Oil SM,tUD
a, s• DI.\ LOOCE PCU PH ll'AICIS ~4•10X01 IAIIICD
,.. ... IOUQt IIIDW0CJD wrnt OJ r CM.Y. MtllJ EACH aNKl10N
IOCAll ON PlllVAUla
WH> IIDIJ
I PYC SCH 41
1U
.... STAICI
1 V4 • CALV.
llOOfN. NAIL a 1AOt INll
l • I
a II PIACI IDOi' CJOWN l'2 ·-Y4 •
MOW FINISHED atADI
J9 Of RN1 sa&Hm M IAIIK
fN5HED CIAIJI
,,
SOl • PYC Nlftl
Pl'I SIZI -MATOi M!I Of HIM> ---fOltlY SIDES l'ltOVIDl A 4• MN.. 1• M\X.
,.~,...,
---ID01'1All
.E-1-fBRJZB TAlllTS
SI.Of TO MUNI KJI SDlUM8ff
WMP ~ wmt 2 lA'VIIIS 0f
~ DMltWZ ltfAIJCN TAIU a.ant ASsnanD>
•-AMINDB> PlNfflNC flU.
Mill A> Sl'KJFIB>
4• IM.• J'41' flllR>MllD
SmmtrDltAIN ...
•
•
• ~~
•
-: flU. IOl10M ,. 0f DIAN mil
Pin wmt D1WN 1K>CX --~---~ ~ l•·0 .al l 2 JI awrAINEI
•• 1M. • r41' lONC
PBIFOIATB> smm,a PIPI Wl1H
S1lllNl DIAN atAll <XM1 N«J
NOT& --.a ~l10N
US1 2 ,wu" CX>NCJtr11 an-an Ml.AS. rur Pft ON UPHIU. SIDI Of nD. llWl sm NOlfflt Of 11tH.
1CAL J TAIUTS •
JORSCAL J TAIUTI
15 CAL I TAIU11
BUIBUR DETAIL J4•10X Oil lAICD. 10 TAIi.OS
FERTILIZER
PLANTING STANDARD
CURRENT PLANNING SECTION Reports Standard: Goal: Criteria: Accurate, well-written staff reports 100% of the time • Follow established format • Logical analysis •Support conditions and find-•Understand and identify key ings with analysis issues in report • Accurate spelling & grammar • Report submitted on time •Clear presentation (use of graphs and/or charts and text) Completed Projects Standard: Attractive, well integrated development projects Goal: 100% of the time Criteria: •Compliance with Design Stnds. • Framing the street • Vehicular access • Pedestrian connections/ access •Site landscaping/ open space • Area context/ compatibility •Esthetics/visibility •Neighborhood context Oral Presentations Standard: Clear and accurate oral staff presentations Goal: 100% of the time Criteria: • Modulated speaking speed & voice •Clear tone and volume • Appropriate responses to • Professional attire questions • Preparednes for meeting • Use of graphics, charts, displays, and/ or overhead projector POLICY DEVELOPMENT SECTION Reports Standard: Goal: Criteria: Accurate, well-written staff reports 100% of the time • Follow established format • Logical analysis •Support conditions and find-•Understand and identify key ings with analysis issues in report • Accurate spelling & grammar • Report submitted on time •Clear presentation (use of graphs and/or charts and text) Oral Presentations Standard: Clear and accurate oral staff presentations Goal: 100% of the time Criteria: •Modulated speaking speed & voice •Clear tone and volume • Appropriate responses to • Professional attire questions • Preparednes for meeting • Use of graphics, charts, displays, and/ or overhead projector
PERFORMANCE MEASUREMENT REPORT 1 • ~,am1:.1.,•1s~: Written R~orts Followed Established Report Format Support of Conditions and Findings with Analysis Accurate Spelling & Grammer Clear Presentation Logical Analysis Understanding & Identification of Key Issues Report Submitted On Time Oral Presentations Clear Speaking Speed & Voice Appropriate Responses to Questions Use of Graphics, Charts, Displays Voice Modulation & Volume Professional Attire Preparedness for Meeting I Completed Project/Product Compliance with Design Standards Vehicular Access Site Landscaping/Open Space Aesthetics/Visibility Pedestrian Connections Area Context/ Compatibility M1m■1111.Em-11 Grade Grade Grade I Comments and Notes
TO: FROM: DATE: RE: Purpose MEMORANDUM Planning Staff Steve Piasecki, Community Development Director Darryl Jones, Senior Planner March 1, 1996 Standard Public Counter Procedures To provide standardized procedures for addressing questions at the public counter regarding the City of Campbell's development and review process. Discussion The following procedures will provide a framework for providing greater consistency in the information provided to the public by planning staff. Although staff may have different styles in supplying information and answering questions, the fundamental concepts and process related issues must consistently and accurately be conveyed to the public. Where there are questions on the part of staff regarding a project, they should be discussed and a response given to the applicant. Standard Procedures 1. Be readily available and present for your scheduled counter times. We have established a general policy not to switch counter times. li days or times are going to change, please discuss with Darryl prior to final arrangements being made. 2. Handout relevant brochures to applicant(s) regarding process. Planning brochures should be kept at the counter for distribution to the public. Brochures should also be kept in the lobby's "self-serve" public information rack. 3. Provide accurate information up front. Be clear on the question the 1
public is asking you before you answer and do not anticipate their request or question. Understand project location, components and issues. The basic issues we typically address with each applicant include the following: • Provision of on-site landscaping and trash enclosures • Explanation of review process for business licenses, pre-applications, use permits, site approvals/modifications etc., and permit fees (Be particularly clear on when staff level site and architectural review is required versus SARCIPC review.) • Encourage the applicant to work with a Civil Engineer and our Public Works Department to get an estimate of the costs of improvements in the public right of way. 4. Efficient use of time at the customer service counter. Provide project and land use information as requested by the public. However, if an extended conversation is necessary, ask the person to schedule a meeting to further discuss project details. A void letting the line of customers grow. Process for Questionable Projects ("Liners") 1. Document your conversations. Note in your work calendar who you spoke with, the date and time, topic/project, issues and conclusion. Also, you should update Steve and Darryl (via cc:mail) on project issues. 2. Provide written materials to applicant. Give the applicant the "worse case scenario" by providing the appropriate application, fees and a brochure. (Make sure the applicant knows his/her options and fees.) 3. Conduct background research and data collection. Look at files, micro-fiche, and Policy and Procedures notebook for past policy. 4. Discuss questions regarding policy or past practice. Consult with other staff members and provide your recommendation/ findings for discussion with Steve and/ or Darryl. 5. Respond to applicant/public. Make sure that you provide a timely response to the questions and review process. Call the applicant back the same day with a decision or status. Call applicant back within 1 to 2 working days with a final resolution. 2
r { . MEMORANDUM TO: Planning Staff FROM: Steve Piasecki, Community Development Director Darryl Jones, Senior Planner DATE: March 2, 1995 SUBJECT: Staff Organization and Expectations The Planning Division We must lead the City in implementing the vision for physical design and development improvements which show that PLANNING is occurring in Campbell. Not only must we PLAN (establish a development vision of good design, and compatible land uses) the city, we must also facilitate the process by which that occurs. We have listed some specific expectation areas for staff based on the Design Objectives & Themes resulting from the September 16th memo to staff and the follow-up meeting on September 17, 1993. Expectations of Staff 1. Process Facilitators -Staff should function as a personal ombudsperson, including: • • Personally shepherd your cases through the process. No excuses. Do everything (that's ethical) you need to do to ensure your cases meet deadlines, are reviewed in a timely manner by other departments and CFD. • • Personally meet with other departments to discuss any grey areas or policy gaps. Draw out sketch options to better illustrate your points. • • Seek solutions to all problems and develop or negotiate consensus where our planning interests overlap with other reviewing departments or the applicants interests. This can be better accomplished by doing your homework and anticipating the differing perspective. 2. Work Efficiently -Provide information at the counter without limiting your ability to answer calls and service other counter customers. • • Limit counter conversations to answering basic zoning questions, getting the basic facts related to development proposals and referring to Darryl for assignment to a planner. Phone and counter duty should be limited contacts lasting 5-10 minutes. More detailed questions or working out design details should be reserved for a separate meeting. • • Don't duplicate efforts of others. Learn to prioritize assignments in order to meet deadlines and facilitate projects. Communicate with us if you er,,_ c working excessive numbers of hours of overtime or need ideas on establishing project priorities.
3. Customer Service -Ensure the customer receives prompt response to questions or is scheduled for a meeting, if necessary. . • • All calls should be returned on the day they are received even if your don't have the final answer. • • All planners shall be available to handle counter backups. 4. Deadlines -Planners must meet all required deadlines for projects to continue in the application permit process. • • Ensure cases meet environmental and advertising deadlines. (Deadline date will be added to lbeduling sheet on bulletin board.) • • Reports are due to the Senior Planner by NOON on the Wednesday prior to the Friday packet preparation. The reports shall be in a completed stage with all issues resolved. Skeleton reports or reports with unanswered questions or issues are not acceptable and cannot be tolerated. • Project planners should meet with Steve and Darryl to develop consistent position on the project and identification of issues if there are any questions. 5. Work Hours -Staff compliance with standard business hours are expected, as well as City policy on standard business attire. • • Work hours are between 8:00 am and 5:00 pm. Slight variations (15 minutes) will be tolerated if it is the exception and not the rule, provided the time is made up the day it is lost. • • Late night meetings may justify later starting times provided your supervisor is aware and approves of the adjustment. • • Hours can be revised for legitimate medical reasons. Each employee shall advise if adjusted hours are necessary. Otherwise, no excusesrz,be here! • • Hours required for counter time must also be complied with, and the Planner on duty should not only be here but be responsive to counter duty and public requests. As previously discussed, switching of counter time is no longer acceptable unless approved by Steve or Darryl. 6. Division Philosophy - A consistent planning division philosophy regarding development rrist be established. • • All planners are expected to represent the department philosophy toward development as outlined in the 1993 memo entitled "Design Objectives" and attached the "Design Objectives/Themes" and in official policy documents of the City. • • Philosophical disagreements can be discussed, but once the direction is provided it shall be enthusiastically represented and uncompromised without labelling it as somebody elses idea.
• • The design objectives, policy documents and individual decisions regarding development is the direction of the department and not any individual. Do not represent these decisions as belonging to any one person. 7. Political Awareness -"Damage Control" shall be kept to a minimum. • • Planners are expected to do their jobs professionally with a minimal amount of need for damage control. Damage control wastes staff time and resources and cannot be tolerated. 8. Professional Conduct -Staff must act in a professional and responsive manner. • • Planners must meet required deadlines, limit and prevent issues from falling through the cracks and being responsible for their own work. • • Produce quality work; handle several cases; work overtime if necessary • • Represent a neutral objective analysis to all hearing bodies. SARC must be started on time with planners prepared to present their own cases to SARC highlighting the major issues of the project, limiting tangential discussions. • • Planners must do their job right (which means: doing follow-up; get results; serve the public interest; represent the division view and/or City position; identify issuesjshepherd the process; use managers to overcome certain obstacles when necessary; identify and present key issues yourself -not Steve or Darryl; be creative problem solvers) 9. Division Objectives -To work and function as a team • • Clearly present information to the public and other divisions including sharing information between staff. • • Staff should be "cross-trained" in all aspects of the profession and be competent, including preparation of "Project Scheduling Charts" (see attached). • • Staff must take the lead in implementing the vision for the City. • • Staff should document issues, date stamp correspondence and plans, maintain an orderly file and filing system, hole punched, take personal notes out of file. 10. Presentations -Staff should present professional and clear presentations to all hearing bodies. • • Planners are expected to present their own cases and must be prepared and ready to answer questions which should be anticipated by the case planner. • • Have all exhibits on display and ready for the meeting, including overheads as necessary.
i '· 11. Division Ima~ -Staff should be aware of and limit public and/or loud socializing. Make the effort to socialize away from your desk area, including reading during your break time. 12. Code Enforcement -All planners are expected to take on some of the code enforcement caseload, and respond within a reasonable time frame. 13. Communication -Communicating with each other is important to our ability to coordinate our work. • • Planners should communicate frequently with each other, as well as with Steve and Darryl. • • Communication should be clear and specific, addressing key issues. • • Use written memo/letters only when documentation is absolutely necessary. They waste time, slow you down and take time to read.
City of Campbell Inter-Office Memorandum Date: November 17, 1997 To: Gloria From: Sharon Via: Steve Subject: Sign enforcement Steve gave me a memo to Bernie re sign enforcement at Kirkwood Village. When he gave it to me, he explained his expectations of the planners re enforcement of sign ordinance, especially A-Frame signs. ⇒ Code enforcement is done on a compliant basis ⇒ Never send a letter to a violator without talking personally to person in charge. Of course it you have tried to call him/her and have been unsuccessful, it is ok to send a letter. If this is the case, the letter should explain that we have tried to contact the individual and give the date and times. ⇒ Tell him/her what is possible i.e. contact prop owner to see if the sign can go onto the shopping center's monument sign, window signage, etc. (what else?) ⇒ We need to be able to tell people what the reprecussions of violation are. I'll ask Bill Seligman re confiscation of signs in the right-of-way. ⇒ We are treating the downtown differently. Tim is preparing a policy and brochure to explain the downtown exception policy. I'll put this on a future agenda. cc: Planners
DEVELOPMENT SERVICES IMPROVEMENT COMMITTEE AGREEMENTS-PHASE II OCTOBER 19, 1995 BACKGROUND Following execution and implementation of the Development Services Improvement Committee's Agreement-Phase I, the Committee continued to meet periodically between May and October 1995. The second phase of the Committee's objectives was to evaluate plan review and construction inspection activities and responsibilities related to on-site building, grading, drainage, and related improvements and issues associated with private land development projects. The attached "On-site Improvements Plan Review and Inspection Responsibilities Matrix" is a working document prepared and edited by the Committee into its current format. This matrix should be utilized as a guide for plan review and inspection activities for all approved and permitted private land development projects. The primary goals and objectives for utilizing the Matrix include: • Provides for the consistent plan review and construction inspection of private, on-site buildings and site improvements. • Clarifies responsibilities for plan review and construction inspection services between City Divisions. • Facilitates a pro-active approach towards reviewing plans and inspecting work as a unified development services team. ~pz.~ Robert M. Harary ft. City Engineer ey P.E. Land Development Engi 4,,.1;'(?/,r~~:;:..______ Frank Cauthorn Building Official Senior Planner ~~~ Tim Haley Associate Planner
Development Services Improvement Committee October 19, 1995 Page 2 Attachment: On-site Improvements Plan Review and Inspection Responsibilities Matrix RMH cc: Robert Kass, Public Works Director Michelle Quinney, Senior Civil Engineer Randy Westfall, Public Works Inspector Peter Eakland, Traffic Engineer Jessy Pu, Assistant Engineer Cruz Gomez, Assistant Engineer Steve Piasecki, Community Development Director Frank Mills, Building Inspector Mark Nadvornik, Building Inspector Gloria Sciara, Planner I Aki Honda, Planner I Barbara Ryan, Planner I J:\HARARY\DSIC2.AGR
Prepared by: R. Harary ,. . '»/-IJl. .. /1A/f ,...,,,-----,
IMPROVEMENT PW
Grading (slopes, pad p
elevations, topo,
cuts/fills) < 50 CY
Grading (slopes, pad p
elevations, topo,
cuts/fills) > 50 CY
Truck Haul Routes P*
( > 50 CY)
Demolition/Clearing S*
New House R-1
House Modifications S*
Multi Family
Commercial Buildings
Industrial Buildings
Subterranean Garage
Swimming Pools
Surface Drainage/ p
Swales/Downspout
Drainage
ON-SITE IMT'T)OVEMENTS
PLAN REVIEW _lD INSPECTION
RESPONSIBILITIES MATRIX
P = Primary Responsibility
S = Support
CC= Certificate of Compliance
Date: October 19, 1995
PLAN REVIEW INSPECTION
BLDG PLNG NONE PW BLDG PLNG NONE NOTES
X PW determines if
G & D Plan is
required
s s PICC PW determines if
(soils eng.) G & D Plan is
required
s X *Transportation
(Complaints Only) Engineering
p s S* p s *PW involved if
utilities or easements
involved.
p s p s
p s p s *If> 50%, PW may
require Def. S.I.
Agreement
p s p s
p s p s
p s p s
p s PICC
p s p
s s p
PLAN REVIEW INSPECTION
IMPROVEMENT PW BLDG PLNG NONE PW BLDG PLNG NONE NOTES
Subterranean Storm p p s X
Drainage System incl. hydraulic (Big Job) (Small Jobs)
calculations)
Surface Drainage/Swales p s s p
Sewer Laterals WVSD p
Flood Control SCVWD p
Water System SJWC p
Other Utilities X X PG&E Plan Review
(E, G, T, TV) & Inspection
Easements P* P** X *If G & D Plans
(PUE only) (Non PUE) Required
**On Site Plans
Driveways p X p X
(Big Jobs) (Small Jobs) (Big Jobs) (Small Jobs)
Concrete Flat Work p X p X
(Big Jobs) (Small Jobs) (Big Jobs) (Small Jobs)
Parking Lot p s X p X
(Big Jobs) (Small Jobs) (Big Jobs) (Small Jobs)
Retaining Wall p s p
Lighting p P* s *Electrical
Connections Only
Striping/Signs/Traffic *Transportation
Control/Traffic Flow P* s p P* s p Engineering
Landscaping p p
Irrigation System p P*/CC *Backflow
Prevention Only
Fencing p p
Waterproofing p p
PLAN REVIEW INSPECTION
PW BLDG PLNG NONE PW BLDG PLNG NONE ~◄OTES
Temporary /Emergency X s p
Erosion Control
Measures (sand bags)
Non-Point Source Issues p s p S* * Assist PW to
Identify Violations
and Enforcement
Fire District P+ P+
Requirements Fire Dist. Fire Dist.
Title 24 Compliance p p
and Energy,
Accessibility
h:onsiteimp.tbl(mp)
5/19/95 rev. 6/8/95 rev . 10/2/95 rev. 10/19/95