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PD - 2004 S.D.). Building Contractors 395 Del Monte Center #153, Monterey, CA 93940 831- 274- 2518 Voice / 831- 274- 2519 Fax Paul Nuytten Estimator ,Construction Staging Plan, PUB II 'j>lJJ ?P:11 ,-:--10 TYPE OF APPUCA1l0N p- b PerTYl it- To: City of Campbell ~ From: SBI Building Contractors APPROVED BY: 'd..J1~g )~~ Date: 9/6/05 COMM NITY DEVE - . Subject: Classics at Kilmer Park - Staging Plan q J I LOPMENr DATP ,_OJ ~DS- _ To Whom It May Concern: It is our intension to build this project with fire prevention and access in mind. The first phase of the project will begin near East Mozart Avenue, which is as close to a fire hydrant as possible. A fire hydrant is located 100' from the Southeast corner of the site. Onsite fire hydrants or another approved method of fire protection will be in place prior to flammable construction. Lumber storage will staged between the building footprint and road as close to fire access as possible. Earthwork and underground trades will be provided full access to the site, with the intension of installing the project roadway prior to the wet season to ensure full access for fire protection. The attached plan indicates the phasing of the project and direction we intend to build the project. Following the issuance of the grading permit the earthwork contractor will be mobilized to the site and allowed 2 weeks to cut and build the pads. The underground contractor will then be scheduled and allowed 10 days to the site to install the sanitary sewer for units 1,23. San] ose water will then install the domestic and fire water to the site, estimated to begin 10/10. It is at this point we intend to sleeve across the roadway for the joint trench, compact the roadway and place the asphalt providing full fire access for the duration of the project. Phase I of the project is expected to be completed 4114, Phase 2 completion 6/22, Phase 3 completed 8/18, and Phase 4 completed 1019. The duration of the project through final completion expected II/IS; construction process is expected to be 14 months. Lot 24 has been rescheduled to be a part of Phase I of the project, so the pedestrian walkway can be constructed as quickly as possible. We intend to set a parking lot up in the center of the site to accommodate all of the construction traffic between lots 18,20 and 22'23. This will keep the stationary vehicles away from the flow of delivery traffic, along with keeping them from the parking on East Mozart Ave. Since the project is located at the end of East Mozart Ave many issues traffic flow and congestion issues have been avoided. During days that will have a high amount of deliveries such as concrete placement days, we will be staging the trucks on the North side of E. Mozart near lot 1. Following the building of the pads the concrete contractor will be allowed to begin working on the concrete slab construction. There will be a minimal amount of wood necessary for slab forms and it will be distributed to prevent a fire hazard. The concrete contractor will need 3,1/2 weeks to form and place each phase of the project, allowing adequate time for the underground contractors to install necessary fire protection prior to wood framing. Following the placing of concrete the framing contractor will be allowed 45 days to build the wood structure for each phase of the project. As shown on the attached plan the project will be built in 4 phases, with our expected total project schedule not to exceed 14 months. Best regards, Paul Nuytten SBI Building Contractors 831.2I2.04S6 0'<. . CAI\.t . :I.l~ ;:;. \'" - 'r" U r'" CAMPBELL " >. 1- "- " ,-' ORCHA\l\)' - L-_, (/ '\, U CITY OF CAMPBELL Community Development Department June 30, 2005 Mr. Jonathan Stone Classic Communities 1068 E. Meadow Circle Palo Alto, CA 94303 Re: Building Permit No: BLD2005-309 to -332 16201-16239 E. Mozart Avenue Dear Mr. Stone: The Planning Division has reviewed your plan submittal for 24 new single-family homes located at the above referenced location. The following conditions of approval/issues need to be addressed prior to the issuance of building permits: 1. Landscape Plan: The landscape plan should be revised to include the following: a. The proposed three-foot high chain link fence with slats along the recreational trail as indicated on Sheet L1.2 shall be revised to a wood fence, to be compatible with the other wood fencing within the development. 2. Construction Staging Plan: Prior to the issuance of grading or building permits for the project, the applicant shall submit a site plan and narrative description indicating the location, length of time and details of construction staging. The construction staging plan shall be subject to review and approval by the Community Development Director and the Public Works Director. 3. Contractor Contact Information Posting: Prior to the-issuance of building permits, the project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street. 4. Utilities & Lighting: All new on-site utilities shall be installed underground per section 21.18.140 of the Campbell Municipal Code. Please provide a lighting plan for the project which indicates the locations for all proposed street lights, a detail of the proposed type of street light, and that all the utilities will be undergrounded. Lights shall be provided in the -common lot along the recreational trail to achieve a safely lit pathway. This sheet shall be included in the building permit plan set. 5. Elevations: The elevations should be revised to include the following: a. A decorative chimney cap shall be used on all the chimneys in the entire 70 North First Street . Campbell, California 95008- t 436 . TEL 408.866.2140 . FAX 408.871.5140 . TOO 408.866.2790 Building Permit No: BLD20 J09 to -332 - 16201-16239 E. Mozart Avenue Page 2 of2 development. Please indicate a decorative chimney cap on all elevations of the homes. If you should have any questions, please feel free to contact me at (408) 866-2193 or by email at stephaniew@cityofcamobell.com. Sincerely, ~Wil~ Stephanie Willsey Planner I cc: Frank Mills, Senior Building Inspector Edward Arango, Public Works Department 0'<. . CA<'11 . :/.).... ..l...'" <r~ !::: r"" U r'" CAMPBELL " >. 1.- .<~W-k"'-""""'. I... " ,-' ORCHA\t\)' r- '--- -'- CITY OF CAMPBELL u Community Development Department June 8, 2005 Mr. Jonathan Stone Classic Communities 1068 E. Meadow Circle Palo Alto, CA 94303 Re: Building Permit No: BLD2005-309 to -332 16201-16239 E. Mozart Avenue Dear Mr. Stone: The Planning Division has reviewed your plan submittal for 24 new single-family homes located at the above referenced location. The following conditions of approval/issues need to be addressed prior to the issuance of building permits: 1. . Landscape Plan: The landscape plan should be revised to include the following: a. The proposed six-foot high chain link fence with slats along the recreational trail shall be modified to be a maximum of four-feet tall along the entire length of the trail and not include . slats. This modification shall also be made to the Grading and Drainage plans submitted to the Public Works Department. b. No asphalt shall be used in the driveways of the homes. Please indicate on the plans the use of either concrete or a decorative pavement material for each of the driveways, 2. Cover Sheet: Remove the note under 'Project Summary' regarding compliance with the Sunnyvale Municipal Code. 3. Site Plan: All setbacks dimensions, lot square footages, and lot dimensions shall match the recorded Tract Map and Grading and Drainage Plans. The font size of all dimensions and notes on the site plan shall be enlarged to be legible. 4. Construction Staging Plan: Prior to the issuance of grading or building permits for the project, the applicant shall submit a site plan and ,narrative description indicating the location, length of time and details of construction staging. The construction staging plan shall be subject to review and approval by the Community Development Director and the Public Works Director. 5. Contractor Contact Information Posting: Prior to the issuance of building permits, the project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street. 6. Utilities & Lighting: All new on-site utilities shall be installed underground per section 21.18.140 of the Campbell Municipal Code. Please provide a lighting plan for the project which indicates the locations for all proposed street lights, a detail of the proposed type of street light, and that all the 70 North First Street. Campbell, California 95008-1436 . TEL 408.866.2140 . FAX 408.871.5140 . TDD 408.866.2790 Building Permit No: BLD200_ J9 to -332 16201-16239 E, Mozart Avenue Page 2 of2 utilities will be undergrounded, Lights shall be provided in the common lot along the recreational trail to achieve a safely lit pathway, 7. Elevations: The elevations should be revised to include the following: a. Use a consistent window style on all four elevations of all the homes in the development. The window style used on the front elevations shall be carried throughout all the windows on the home, b. A decorative chimney cap shall be used on all the chimneys in the development. c. Decorative garage doors with windows shall be used on some of the homes within the development. d. Elevation l-C on Sheet 1.16 and 1.17 shows stone veneer on the right side of the garage on the front elevation and partially on the right elevation. This use of stone veneer looks awkward and should be removed in this location, e. Indicate the maximum height of the detached garage and home on Lot 24. If you should have any questions, please feel free to contact me at (408) 866-2193 or by email at stephaniew@cityofcampbell.com, Sincerely, S~l~ Lofl(~cr Planner I cc: Frank Mills, Senior Building Inspector GeoffBradley, Senior Planner Edward Arango, Public Works Department CITY OF CAHPP.tLL, LA RECVD BY: JANH PAYOR: KILMER PARK L.rr TODAY~S DATE; 06i01i05 REGISTER DATE: 06/01/05 ;''t''I'~^A'' 11rr'7"'" V.ii..IVVll j.jj i TIME: ; J:: -1'i:. ~ i ...""....rr..... DESCRIPTION "~'""U_ ~f!LltH'! ! ii97,B2f>.OO $.1QO,OOOIlVO :i....u. ....;.n., i",l""T.Tr:;."'t;r.:u I"'J"" fHr,f,I..HfW iJCiJ.i.;';;i .i.i.iit rc E~Gh ~ SUBDI\i FIL1NG F ---------------- 'l" ", T"H-" ilJ i;.-;i.. iii.itll $297, 82D..OCj TENliEREIi; CHAflC7:: $297 ~82D = V(I ,;. ;;1\. i:. iJ,} lJJ THE LETITIA BUILDING 70 S FIRST STREET SAN JOSE CA 9S I 13-2406 a TELEPHONE: 408.286.9800 FACSIMILE: 408.998.4790 www.hopkinscarley.com MAILING ADDRESS POBOX 1469 SAN JOSE CA 9S 109- 1469 HOPKINSerCARLEY A LAW CORPORATION Re: Mozart Ave.- Final Map RECEIVED APR 2 8 2.005 CITY OF CAMPBELL PLANN\NG DEPT. JOAN R. GALLO Of Counsel j galIo@hopkinscarley.com 408-299- I 496 April 26, 2005 Geoff Bradley, Senior Planner City of Campbell 70 N, First Street Campbell, CA 95008 Dear Mr. Bradley: As I understand it Classic Communities received the tentative map approval in January 18,2005, The developer has now met all of the conditions on the Map and wants the final Map approved and recorded. The fire Department is now, after the fact, requiring additional dedication so that the pedestrian path can be used as a secondary access for fire vehicles. Tl:1e rUlei~ very clear that once a developer meets the conditions of a tentative map, recording of a final map is a ministerial act. (Government Code ~66474.l.) The Council has no discretion but to approve the final map once all conditions have been satisfied. They cannot add new conditions. Anthony v, Snyder (2004) 10 Ca1.Rptr,3d 505, 116 Ca1.AppAth 643; Beck Development Co. v, Southern Pacific Transportation Co. (1996) 52 Ca1.Rptr.2d 518, 44 Ca1.AppAth 1160. Where developer has relied on a tentative map approval with conditions and has produced a final tract map which satisfies conditions, he is entitled to acceptance and approval of that final map without imposition of new or altered conditions. There are no exceptions to this rule to allow adding conditions that were overlooked when the tentative map was approved. In deed, conditions cannot be imposed even when a new ordinance, adopted after the tentative map approval, requires the condition. Therefore, please process this final Map without further delay. Sincerely, HOPKINS & CARLEY A Law corporatiO;YD ytJ ~;( . 61an R. Gallo cc: Eric Morley Scott Ward 9729.4 426274.1 o,.c~ 'C~' ;b~ - .... U r"' o 0 ~ >. "$-~ .;- .O"CH^~O .(.. MEMORANDUM City of Campbell -- Community Development Department 70 N. First Street, Campbell, CA 95008 To: From: Ed Arango, Associate Engineer Stephanie Willsey, Planner I CCvJ Date: Pebruary 23,2005 Subject: 16201 -16239 E. Mozart Avenue I. Park Impact Pee: A park impact fee of $10,990 per unit is due upon development of the site. Based on the development of 24 units, a total of $263,760 shall be paid to the City. Prior to recordation of the Pinal Subdivision Map, 75% of this fee is due. The remaining 25% is due prior to issuance of a certificate of building occupancy. 2. Covenants. Codes and Restrictions: The applicant shall submit a draft copy of the Covenants, Conditions and Restrictions (CC&R's) to the Planning Division for approval by the Community Development Director and City Attorney, prior to the recordation of the Pinal Subdivision Map, which provide for: a. Pormation of a Homeowner's Association; b. Continued architectural controls to ensure the architectural integrity of the project; c. Definition of common areas to be maintained and provision of maintenance for these areas; d. Provision of a funding mechanism to ensure maintenance and upkeep of common areas; and e. Provision for the availability of interior garage space for the parking ofvehic1es at all times. 3. Property Maintenance: The property is to be maintained free of any combustible trash, debris and weeds until the time that actual construction commences. All existing structures shall be secured by having windows boarded up and doors sealed shut, or be demolished or removed from the property. 4. Demolition of Structures: Prior to recordation of the Pinal Map the applicant shall obtain a building permit for the demolition of all non-conforming structures. 5. Tree Protection Plan: The applicant shall submit a tree protection plan for all protected trees to be retained on site and shall contain specific information about the preservation of the trees during any grading or building on site. The tree protection plan shall be submitted to the Planning Division for review and approval by the Community Development Director. Such tree protection measures shall be installed prior to any demolition, grading, or building on the project site. No construction or trenching shall take place within the drip line of trees and a fence constructed of temporary cyclone fencing or wire mesh securely attached to poles driven into the ground shall be installed around the drip line of the tree. All trimming or branch removal from protected trees shall be completed by a certified arborist. 6. Construction Mitigation Measures: The following practices should be followed during all phases of site preparation and construction activities: a. Construction activities __tall be limited to weekdays between ~.00 a.m. and 5:00 p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take place on Sundays or holidays unless an exception is granted by the Building Official. b. All construction equipment with internal combustion engines used on the project site shall be properly muffled and maintained in good working condition. c. Unnecessary idling of internal combustion engines shall be strictly prohibited. d. All stationary noise-generating construction equipment, such as air compressors and portable power generators, shall be located as far as possible from noise-sensitive receptors such as existing residences and businesses. e. Prior to the issuance of building permits, the project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street so that the contractor can be made aware of noise complaints. 7. Lot 7 House Configuration: The configuration of the house on Lot 7 on the Grading Plan has changed significantly than what was approved by the City Council. The rational for this change needs to be discussed with the Project Planner and approved by the Community Development Director prior to approval of the Grading Plan. County of Santa Clara Office of the County Clerk-Recorder Business Divisio~ County Government Center 70 West Red'dlng Streett E. Wing, I"I Floor San Jose, California 95110 (408) 299~5665 ENVIRONMENTAL DECLARATION For CLERK-RECORDER'S USE ONLY POSTED O~Ol lcS THROUGH 21 ~ IN THE OFFICE OF THE COUNTY CLERK-RECO/lOER BRE DA V "'C NTY L BY , DEPUTY F . Ai$'=") ENDOr~,~~,~..& FEB () , 'laOS , ., B,,..,.....'. \~".. BRENDA~vtS, Co 'ly ler,;-.\eC0r:-:r Santa OIR County . ')Ol~'" J By .. li..",v...,v . LETICIA ORTEGA . NAME OF LEAD AGENCY: ~f- ~e.. (I NAME OF APPLICANT: $c.o-tY \J.kt.rd CLERK-REDl 5' 2 FilE NO. 2 2 CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF PREPARATIOI~ CA Dept. of Fish and Game Receipt # d-'SSI~S 2. NOTICE OF EXEMPTION 3. NOTICE OF DETERMINATION NEGATIVE DECLARATION PURSUANT TO PUBLIC RESOURCES CODE ~ 21080(C) ( ) $1300.00 REQUIRED ($1~.50.00 STATE FILING FEE AND $50.00 COUNTY CLERK FEE) CERTIFICATE OF EXEMPTION AND/OR DE MINIMUS IMPACT FINDING STATEMENT ATTACHED - $50.00 COU "TY CLERK FEE REQUIRED 4. NOTICE OF DETERMINATION ENVIRONMENTAL IMPACT REP')RT PURSUANT TO PUBLIC RESOURCES CODE 9 21152 ~ $900.00 REQUIRED ($85(1.00 STATE FILING FEE AND $50.00 COUNTY CLERK FEE) CERTIFICATE OF EXEMPTION AND/OR DE M1NIMUS IMPACT FINDING STATEMENT ATTACHED - $50.00 COlNTY CLERK FEE REQUIRED 5. Other: NOTICE TO BE POSTED FOR 30 DAYS. THIS FORM MUST BE COMPLETED AND ATTACHED TO THE FRONT OF ALL ENVIRONMENTAL DOCUMENTS LISTED ABOVE (INCLUDING COPIES) SUBMITTED FOR FILING. CHECKS SHOULD BE MADE PAYJ,BLE TO: COUNTY CLERK-RECORDER. Board of Supervisors: Donald F. Gage, Blanca Alvarado. Pete McHugh, James T. Beall, Jr_. Liz Kniss Acting County Executive: Peter Kutras. Jr. ,.l..~.o~ .CA.1tA~ !:: ~ U r- '0 0 .. >. oS- ... ~ <> .O~CH^"O. - u~ ~\~'2, NOTICE OF DETERMINATION To: Office of Planning & Research P.O. Box 3044 1400 Tenth Street, Room 222 Sacramento, CA 95812-3044 From: City of Campbell 70 N, First Street Campbell, CA 95008 -2L County Clerk's Office Santa Clara County 70 W. Hedding Street, 1 ST Floor, East Wing San Jose, CA 95110 Subject: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Project Title Classics at East Mozart Avenue Project State Clearinghouse Number (If submitted to Clearinghouse: N/A Lead Agency Contact Person: Stephanie Willsey, Planner I Phone: (408) 866-2140 Project Location (include County): 16201 & 16239 E, Mozart Ave, Campbell, CA, Santa Clara County Project Description: The project consists of an annexation and the construction of 24 new single-family homes. The project applications include an annexation of the project site and surrounding adjacent roadways into the City of Campbell. a Tentative Subdivision Map to subdivide the project site. a Planned Development Permit for the construction of 24 homes. and a Tree Removal Permit for the removal of 13 protected trees, This is to advise that the City of Campbell has approved the above-described project on - Lead Agency 0 Responsible Agency February 1. 2005 and has made the following determinations regarding the above-described project: 1, The project (0 will _ will not) have a significant effect on the environment. 2, 0 An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. _ A Negative Declaration was prepared for this project pursuant to the provisions ofCEQA. 3, Mitigation measures (. were 0 were not) made a condition of approval of the project. 4. A statement of overriding considerations ( 0 was .was not) adopted for this project. This is to certify that the Mitigated Negative Declaration with comments and responses and record of project approval is available to the general public at the Community Development Department, City of Campbell, 70 N. First Street, Campbell, CA 95008, (408) 866-2140, Signature: 2Lep1a urt UJll~ Date: ~J;) JD 5 , . Title: --1:.\ a n V1--er J: ~- ~\ 'Z, 'Z, r, ~ CERTIFICATE OF FEE EXEMPTION Department of Fish and Game de Minimis Impact Finding To: County Clerk's Office Santa Clara County 70 W. Hedding St., 151 Floor, East Wing San Jose, CA 95110 From: City of Campbell 70 N. First Street Campbell, CA 95008 Project Title: Classics at East Mozart Avenue Project Location: 16201 & 16239 E. Mozart Avenue Project Description: The project consists of an annexation and the construction of24 new single- family homes. The project applications include an annexation of the project site and surrounding adjacent roadways into the City of Campbell, a Tentative Subdivision Map to subdivide the project site, a Planned Development Permit for the construction of 24 homes, and a Tree Removal Permit for the removal of 13 protected trees. Findings of Exemption: 1. An initial study has been conducted by the City of Campbell in order to evaluate the potential for adverse impacts, either individually or cumulatively, on wildlife resources. 2. There is no evidence before the City of Campbell indicating that the proposed project will have any potential for adverse effect on wildlife resources. Certification: I hereby certify that the City of Campbell, as lead agency, has made the above findings and that the proposed project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. Signature -.lla nvveF 'j Title ~/~/6S Date -, MEMORANDUM To: Stephanie Willsey anner I From: Date: Subject: PD Permit (PLN 2004-70) - 16201 and 16239 E. Mozart Avenue At the regular meeting of February 1, 2005, the City Council adopted Ordinance No. 2054 approving a Planned Development Permit (pLN 2004-70) to allow the construction of twenty four single-family residences on properties owned by Chai Care, Inc., the Edward and Eleanor Carman Trust, and Classic Communities, Inc" located at 16201 and 16239 E. Mozart Avenue in a PD (Planned Development) Zoning District. A certified copy of this Ordinance is attached for your records, together with a copy of the letter sent to Mr. Morley in follow-up to the City Council's action, Please note that Ordinance 2054 will become effective thirty days from the date of final adoption. Ordinance 2054 will be published in the Campbell Express dated February 9, 2005. Of'CA.At ~' A~ ~ ~ .... t'" U l'" .. "- -$0", ,;.." 'O~CHA\l'O CITY OF CAMPBELL City Clerk's Office February 2, 2005 Mr. Eric Morley Morley Bros., LLC 99 Almaden Blvd., Ste. 720 San Jose, CA 95113 Dear Mr. Morley: At the regular meeting of February 1, 2005, the Campbell City Council gave second reading to, and formally adopted, Ordinance No. 2054 approving a Planned Development Permit (PLN 2004-70) to allow the construction of twenty four single-family residences on properties owned by Chai Care, Inc., the Edward and Eleanor Carman Trust, and Classic Communities, Inc. located at 16201 and 16239 E. Mozart Avenue, in a PD (Planned Development) Zoning District. A certified copy of this Ordinance is attached for your records. Please note that the Ordinance will become effective thirty days from the date of formal adoption. The time within which judicial review of this action must be sought is governed by Section 1094.6 of the California Code of Civil Procedure, unless another statute (such as California Government Code Section 65009 or some other applicable provision of law) sets forth a more specific time period. Should you have any questions in regard to the City Council's action, please do not hesitate to contact this office (866-2117) or Stephanie Willsey, Planner I, Community Development Department. Sincerely, Attachment: cc. Stephanie Willsey, Planner I, Comm. Develop. Dept. 70 North First Street. Campbell, California 95008.1423 ' TEL 408.866_2117 . FAX 408.374.6889 . TOD 408.866.2790 ORDINANCE NO. 2054 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A PLANNED DEVELOPMENT PERMIT (pLN2004-70) TO ALLOW THE CONSTRUCTION OF 24 NEW SINGLE- FAMILY RESIDENCES ON PROPERTIES OWNED BY CHAI CARE, INC., THE EDWARD AND ELEANOR CARMAN TRUST AND CLASSIC COMMUNITIES, INC. LOCATED AT 16201 & 16239 E. MOZART AVENUE IN A P-D (pLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. SCOTT WARD, ON BEHALF OF CLASSIC COMMUNITIES, INC. FILE NO.: PLN2004-70. After notification and public hearing, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the City Council did find as follows with respect to application PLN2004-70: The City Council of the City of Campbell does ordain as follows: SECTION ONE: That this Ordinance be adopted to approve a Planned Development Permit (PLN2004-70) to allow the construction of 24 new single family residences on property owned by Chai Care, Inc., the Edward and Eleanor Carman Trust and Classic Communities located at 16201 & 16239 E. Mozart Avenue, together with the attached Exhibit "A" (Conditions of Approval), Exhibit "B" (Project Plans) and Exhibit "C" (Map of Said Property). SECTION TWO: This Ordinance shall become effective thirty (30) days following its passage and adoption and shall be published, one time within fifteen (15) days upon passage and adoption in the Campbell Express, a newspaper of general circulation in the City of Campbell, County of Santa Clara. PASSED AND ADOPTED this 1st day of February , 2005, by the following roll call vote: - AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBER: COUNCILMEMBER: COUNCILMEMBER: COUNCILMEMBER: Burr. Hernandez. Furtado. Watson. Kennedy Hone Hone Hone APPROV ATTEST: ~ Anne Bybee, City Clerk UCAwG ~ City Council Ordinance Exhibit A - Conditions of Approval PLN2004-70- 16201 & 16239 E. Mozart Avenue-Planned Development Permit Page 1 NOW, THEREFORE, BE IT RESOLVED that the City Council approves a Planned Development Permit (pLN2004-70) to allow the construction of 24 new single-family residences on property owned by Chai Care, Inc., the Edward and Eleanor Carman Trust and Classic Communities Inc. located at 16201 & 16239 E. Mozart Avenue in a P-D (planned Development) Zoning District. Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that helshe is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. COMMUNITY DEVELOPMENT DEPARTMENT Planning Division: 1. Approved Proiect: Approval is granted for a Planned Development Permit (pLN2004-70) to construct 24 single-family homes located at 16201 & 16239 E. Mozart Avenue. The building design and site design shall substantially conform to the project exhibits listed below, except as may be modified by the conditions of approval herein: a. Project plans prepared by Bassenian/Lagoni Architects and dated as received by the Planning Division on November 16, 2004, including a site plan, floor plans, building elevations. b. Preliminary Landscape Plan prepared by Gates and Associates and dated as received by the Planning Division on November 16,2004. c. Color/material board submitted by Bassenian/Lagoni Architects. d. Tentative Subdivision Map and Preliminary Grading and Drainage Plan prepared by BKF Engineers and dated as received by the Planning Division on October 12,2004. 2. Permit Expiration: The Planned Development Permit is valid for a period of two years from the date of final City Council approval. A building permit must be obtained within this two- year period or the Planned Development Permit shall be void. 3. Tentative Subdivision Map: The Planned Development Permit approval is contingent upon recordation of the Final Subdivision Map to divide the subject property. The Final Subdivision Map shall be recorded prior to the issuance of building permits. 4. Park Impact Fee: A park impact fee of$10,990 per unit is due upon development of the site. Based on the development of 24 units, a total of $263,760 shall be paid to the City. Prior to recordation of the Final Subdivision Map, 75% of this fee is due. The remaining 25% is due prior to issuance of a certificate of building occupancy. 5. Covenants. Codes and Restrictions: The applicant shall submit a draft copy of the Covenants, Conditions and Restrictions (CC&R's) to the Planning Division for approval by City Council Ordinance Exhibit A - Conditions of Approval PLN2004-70- 16201 & 16239 E. Mozart Avenue-Planned Development Permit Page 2 the Community Development Director and City Attorney, prior to the recordation of the Final Subdivision Map, which provide for: a. Formation of a Homeowner's Association; b. Continued architectural controls to ensure the architectural integrity of the project; c. Definition of common areas to be maintained and provision of maintenance for these areas; d. Provision of a funding mechanism to ensure maintenance and upkeep of common areas; and e. Provision for the availability of interior garage space for the parking of vehicles at all times. 6. Landscape Plan: The applicant shall submit a final landscape and irrigation plan to the Planning Division, prior to the issuance of building permits, for review and approval by the Community Development Director. The landscape and irrigation plan shall substantially conform with the approved conceptual landscape plan and the City's Water Efficient Landscaping Standards (WELS) and shall include all replacement trees as required for the Tree Removal Permit (pLN2004-71). 7. Tree Protection Plan: The applicant shall submit a tree protection plan for all protected trees to be retained on site and shall contain specific information about the preservation of the trees during any grading or building on site. The tree protection plan shall be submitted to the Planning Division for review and approval by the Community Development Director prior to the issuance of building permits. Such tree protection measures shall be installed prior to any demolition, grading, or building on the project site. No construction or trenching shall take place within the drip line of trees and a fence constructed of temporary cyclone fencing or wire mesh securely attached to poles driven into the ground shall be installed around the dripline of the tree. All trimming or branch removal from protected trees shall be completed by a certified arborist. 8. Building Elevations. Details and Colors: The applicant shall submit detailed building elevations and exhibits depicting architectural details. The detailed elevations and exhibits shall be reviewed and approved by the Community Development Director prior to the issuance of building permits. 9. Modified Setbacks for Fire Department Requirements: The setbacks for Lot 13, Lot 14, and Lot 21 may be modified to accommodate an increase in the radius of the private and public cul-de-sacs to meet the Fire Department's minimum requirements. 10. Parking and Driveways: All parking and driveway areas shall be developed in compliance with Chapter 21.28 of the Campbell Municipal Code and the approved project plans. 11. Fences: Any newly proposed fencing and/or walls shall comply with Section 21.18.060 of the Campbell Municipal Code and shall be reviewed and approved by the Community City Council Ordinance Exhibit A - Conditions of Approval PLN2004-70- 16201 & 16239 E. Mozart Avenue-Planned Development Permit Page 3 Development Director prior to issuance of any building permits for the project. A revised fencing plan shall be submitted which reflects the following change: a. An eight-foot tall fence shall be constructed along the entire westerly property line of Lot 14 and Lot 24. The fence shall be continuous from grade to top, with no cracks or gaps in the surface, and shall have a minimum surface density of two pounds per square foot. 12. Property Maintenance: The property is to be maintained free of any combustible trash, debris and weeds until the time that actual construction commences. All existing structures shall be secured by having windows boarded up and doors sealed shut, or be demolished or removed from the property. 13. Utility Boxes and Back-Flow Preventers: Prior to the issuance of a building permit, the applicant shall indicate on the building permit plans the location and screening method of the PG&E transformers and San Jose Water Company back-flow preventers, where applicable, for approval by the Community Development Director. 14. On-site lighting: On-site lighting shall be shielded away from adjacent properties and directed on site. The design and type of lighting fixtures and lighting intensity of any proposed exterior lighting for the project shall be reviewed and approved by the Community Development Director prior to issuance of any building permits for the project. Lighting fixtures shall be of a decorative design to be compatible with the development and shall incorporate energy saving features. 15. Construction Mitigation Measures: The following practices should be followed during all phases of site preparation and construction activities: a. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00 p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take place on Sundays or holidays unless an exception is granted by the Building Official. b. All construction equipment with internal combustion engines used on the project site shall be properly muffled and maintained in good working condition. c. Unnecessary idling of internal combustion engines shall be strictly prohibited. d. All stationary noise-generating construction equipment, such as air compressors and portable power generators, shall be located as far as possible from noise-sensitive receptors such as existing residences and businesses. e. Prior to the issuance of building permits, the project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street so that the contractor can be made aware of noise complaints. 16. Pedestrian/Bicycle Pathway: The applicant shall provide a ten-foot wide public pathway for pedestrians, bicycles and non-motorized vehicles from the existing cul-de-sac at Kilmer Avenue to the existing Caltrans pedestrian!bicycle pathway adjacent to Highway 17. City Council Ordinance Exhibit A - Conditions of Approval PLN2004-70- 16201 & 16239 E. Mozart Avenu~Planned Development Permit Page 4 17. Construction Staging Plan: Prior to the issuance of grading or building permits for the project, the applicant shall submit a site plan and narrative description indicating the location, length of time and details of construction staging. The construction staging plan shall be subject to review and approval by the Community Development Director and the Public Works Director. Building Division: 18. Permits Required: A building permit application shall be required for each proposed new living unit/structure. The building permit shall include Electrical/PlumbinglMechanical fees when such work is part of the permit.' 19. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 20. Size of Plans: The size of construction plans submitted for building permits shall be 24 inches by 36 inches. 21. Plan Preparation: This project requires plans prepared under the direction and oversight of a California licensed Engineer or Architect. Plans submitted for building permits shall be "wet stamped" and signed by the qualifying professional person. 22. Soils Report: The applicant shall submit two copies of a current soils report containing foundation and retaining wall design recommendations, prepared to the satisfaction of the Building Official, with the building permit application. This report shall be prepared by a licensed engineer specializing in soils mechanics. 23. Windows: The project building plans shall incorporate construction-grade, dual-pane windows. The applicant shall utilize full window (glass and frame), assemblies that have been tested for sound rating, to the satisfaction of the Building Official. 24. Geotechnical Analvsis: Prior to issuance of building permits for the project, a registered geotechnical engineer shall prepare a design-specific geotechnical analysis, and all recommendations of the analysis shall be incorporated into the project's final engineering design to minimize the damage from seismic shaking. The project sponsor shall use standard engineering techniques and conform to the requirements of the Uniform Building Code to reduce the potential for seismic damage and risk to future occupants. 25. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. Site plan shall also include site drainage details. 26. Foundation Inspections: A pad certificate prepared by a licensed civil engineer or land surveyor shall be submitted to the project building inspector upon foundation inspection. This certificate shall certify compliance with the recommendations as specified in the soils report and the building pad elevation and on-site retaining wall locations and elevations are City Council Ordinance Exhibit A - Conditions of Approval PLN2004-70- 16201 & 16239 E. Mozart Avenue-Planned Development Permit Page 5 prepared according to approved plans. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer for the following items: a. pad elevation b. finish floor elevation (first floor) c. foundation comer locations 27. Title 24 Energy Compliance: California Title 24 Energy Compliance forms CF-1R and MF- lR shall be blue-lined on the construction plans. 8% X 11 calculations shall be submitted as well. 28. Special Inspections: When a special inspection is required by U.B.C. Section 1701, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permits, in accordance with U.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 29. Non-Point Source Pollution Control: The City of Campbell standard Santa Clara Valley Non-point Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet (size 24 inches by 36 inches) is available at the Building Division service counter. 30. Proiect Approvals: The project requires the following agency approval prior to issuance of the building permit: a.West Valley Sanitation District (378-2407) b. Santa Clara County Fire Department (378-4010) c. Air Quality Management District (Demolitions Only) c. School District: i) Campbell Union School District (378-3405) ii) Campbell Union High School District (371-0960) iii) Moreland School District (379-1370) iv) Cambrian School District (377-2103) Note: To determine your district, contact the offices identified above. Obtain the School District payment form from the City Building Division, after the Division has approved the building permit application. 31. P.G. &E.: The applicant is advised to contact P.G. &E. as early as possible in the approval process. Service installations, changes and/or relocations may require substantial scheduling time and can cause significant delays in the approval process. The applicant should also consult with P.G. &E. concerning utility easements, distribution pole locations and required conductor clearances. 32. Construction Fencing: This project shall be properly enclosed with construction fencing to prevent unauthorized access to the site during construction. The construction site shall be City Council Ordinance Exhibit A - Conditions of Approval PLN2004-70- 16201 & 16239 E. Mozart Avenue-Planned Development Permit Page 6 secured to prevent vandalism and/or theft during hours when no work is being done. All protected trees shall be fenced to prevent damage to root systems. 33. Archaeological & Paleontological Resources: If archaeological or paleontological resources are encountered during excavation or construction, construction personnel shall be instructed to immediately suspend all activity in the immediate vicinity of the suspected resources and the City and a licensed archeologist or paleontologist shall be contacted to evaluate the situation. A licensed archeologist or paleontologist shall be retained to inspect the discovery and make any necessary recommendations to evaluate the find under current CEQA guidelines prior to the submittal of a resource mitigation plan and monitoring program to the City for review and approval prior to the continuation of anyon-site construction activity. 34. Human Burial or Skeletal Element Discoverv: ill the event a human burial or skeletal element is identified during excavation or construction, work in that location shall stop immediately until the find can be properly treated. The City and the Santa Clara County Coroner's office shall be notified. If deemed prehistoric, the Coroner's office would notify the Native American Heritage Commission who would identify a "Most Likely Descendant (MLD)." The archeological consultant and MLD, in conjunction with the project sponsor, shall formulate an appropriate treatment plan for the find, which might include, but not be limited to, respectful scientific recording and removal, being left in place, removal and reburial on site, or elsewhere. Associated grave goods are to be treated in the same manner. 35. Short-term Air Quality Mitigation Measures: The following practices should be followed during all phases of site preparation and construction activities: a. Use dust-proof chutes for loading construction debris onto trucks. b. Water or cover stockpiles of debris, soil, and other materials that can be blown by the wind. c. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard. d. Sweep daily (with water sweepers) all paved access roads, parking areas, and staging areas at the construction site. e. Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets, as directed by the City Engineer. f. Enclose, cover, water twice daily or, or apply (non-toxic) soil stabilizers to exposed stockpiles (dirt, sand, etc.). g. Install erosion control measures to prevent runoff from the project site. PUBLIC WORKS DEPARTMENT 36. Final Map: Prior to issuance of any grading or building permits for the project, the applicant shall submit a final map for review by the City and recordation, upon approval by the City Council. The current plan check fee is $3,200.00 plus $35 per lot. 37, Preliminary Title Report: Upon submittal of the final map, the applicant shall provide a current Preliminary Title Report. City Council Ordinance Exhibit A - Conditions of Approval PLN2004-70- 16201 & 16239 E. Mozart Avenue-Planned Development Permit Page 7 38. Public Service Easement: Upon recordation of the fmal map, the applicant shall grant a 10- foot public service easement on private property contiguous with the public right-of-way along the East Mozart Avenue frontage. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 39. Right-of-Way for Public Street Purposes: Upon recordation of the final map, the applicant shall cause additional right-of-way to be granted for public street purposes along the East Mozart Avenue frontage to accommodate a 30-foot half street width. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 40. Ri2ht of Wav for Pedestrian Pathwav/Access: Upon recordation of the ["mal map, the applicant shall dedicate in fee a ten foot (10') wide public access pathway for recreational trail purposes from the existing cul-de-sac at Kilmer Avenue, through Parcel A as shown on the Tentative Map dated 08/13/04 by BKF Engineers, to the existing Caltrans pedestrian pathway adjacent to the proposed private cul-de-sac. Access shall be handicap accessible. In addition, prior to recordation of the final map the applicant shall contribute $100,000 to the City for the maintenance of the pedestrian pathway, which does not include maintenance of fencing or lighting. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 41. Private Easements: Upon recordation of the final map, the applicant shall cause private easements to be recorded for private utilities, private storm drains, reciprocal ingress and egress, emergency vehicles, etc. 42. Monumentation for Pinal Map: Prior to recordation of the final map, the applicant shall provide security for setting all monuments shown on the map. 43. Occupancy: Prior to allowing occupancy for any and/or all buildings, the applicant shall have the required street improvements installed and accepted by the City. 44. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer cleanout(s) shall be relocated or installed on private property behind the public right-of-way line. 45. Soils Report: Prior to issuance of any grading or building permits for the site, applicant shall provide a soils report prepared by a registered geotechnical or civil engineer. 46. Utilities: All on-site utilities shall be installed underground per Section 21.18.140 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. City Council Ordinance Exhibit A - Conditions of Approval PLN2004-70- 16201 & 16239 E. Mozart Avenue-Planned Development Permit Page 8 47. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities. The plan shall clearly show the location and size of all existing utilities and the associated main lines; indicate which utilities and services are to remain; which utilities and services are to be abandoned, and where new utilities and services will be installed. Joint trenches for new utilities shall be used whenever possible. 48. Pavement Restoration: Based on the utility coordination plan, the applicant shall prepare a pavement restoration plan for approval by the City Engineer prior to any utility installation or abandonment. Streets that have been resurfaced within the previous five years will require boring and jacking for all new utility installations. East Mozart Avenue, Kilmer Avenue and Longfellow have not been resurfaced in the last 5 years. The pavement restoration plan shall indicate how the street pavement shall be restored following the installation or abandonment of all utilities necessary for the project. 49. Grading and Drainage Plan: Prior to issuance of any grading or building permits for the site, the applicant shall conduct hydrology studies based on a ten-year storm frequency, prepare an engineered grading and drainage plan, and pay fees required to obtain necessary grading permits. The plans shall comply with the 1998 edition of the California Building Code including Chapters 10, 11, 18,33, and Appendix Chapter 33. 50. Storm Drain Area Fee: Prior to recordation of the final map, the applicant shall pay the required Storm Drain Area fee of $2,060.00 per net acre, which is $8,178.00. 51. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding stormwater pollution prevention. Specifically the project must include source control, site design and treatment measures to achieve compliance with Provision C.3. of the NPDES Permit. Measures may include, but are not limited to, minimization of impervious surface area, vegetated swales, infiltration areas, and treatment devices. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay. Resources to achieve these objectives include Stormwater Best Management Practices Handbook for New Development and Redevelopment ("CA BMP Handbook") by the California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for Storm water Quality Protection ("Start at the Source") by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for Stormwater Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. 52. State Construction General Permit: Prior to issuance of any grading or building permits, the applicant shall comply with the State Construction General Permit requirements including paying fees, filing a Notice of Intent, and providing a Storm Water Pollution Prevention Plan City Council Ordinance Exhibit A - Conditions of Approval PLN2004-70- 16201 & 16239 E. Mozart Avenue-Planned Development Permit Page 9 (SWPPP). The applicant shall submit a copy of the SWPPP to the City prior to issuance of any grading or building permits. 53. Covenants. Conditions. and Restrictions: Provide copies of CC&R's for review by the City prior to recordation of the final map and CC&R's. 54. Demolition: Prior to recording of the final map the applicant shall obtain a demolition permit and remove any nonconforming structures. 55. Street and Pedestrian Pathway Improvements: Prior to recordation of the final map, the applicant shall execute a street improvement agreement, cause plans for public street and pathway improvements to be prepared by a registered civil engineer, pay various fees and deposits, post security and provide insurance necessary to obtain an encroachment permit for construction by the applicant of the standard public street and pathway improvements, as required by the City Engineer. The plans shall include the following: East Mozart Avenue a. Installation of a cui-de -sac per City requirements on East Mozart Avenue. b. Installation of City standard curb, gutter, sidewalk and ADA compliant curb ramps on East Mozart Avenue. c. Reconstruction of street structural pavement section to centerline, or as required by the City Engineer. d. Installation of street trees and irrigation at 40 feet on center along East Mozart Avenue. e. Installation of City standard benchmarks as required by the City Engineer. f. Installation of monument wells as required by the City Engineer. g. Installation of streetlights, conduits, conductors and related facilities in accordance with the City of Campbell's Street Lighting Policies along East Mozart Avenue. h. Installation of storm drain facilities on East Mozart Avenue and connection to existing facilities. 1. Installation of traffic control, stripes and signs as necessary. J. Construction of conforms to existing public and private improvements, as necessary. Kilmer A venue/Longfellow Drive a. Installation of ADA compliant driveway approach. b. Installation of streetlights, conduits, conductors and related facilities in accordance with the City of Campbell's Street Lighting Policies. c. Installation of traffic control, stripes and signs as necessary. d. Construction of conforms to existing public and private improvements, as necessary. Pedestrian Pathwav/ Access City Council Ordinance Exhibit A - Conditions of Approval PLN2004-70- 16201 & 16239 E. Mozart Avenue-Planned Development Pennit Page 10 a. InstaUation of a pedestrian pathway from Kilmer AvenuelLongfeUow Avenue cul- de-sac to the Caltrans pedestrian pathway. The pathway shall be designed and constructed to be ADA compliant. The pathway shall also be designed and constructed per City requirements and shall include appropriate drainage, lighting, bollards, fencing, and sign age. Lighting and fencing shall be located outside of the pathway area. b. Topography of the area indicating all above and below ground utilities and other facilities. c. Grading and drainage plan for the construction of the pathway. d. Signage plan indicating access to the pathway. e. Construction details for the asphalt concrete pathway, lighting, bollards, fencing, signage, and utilities relocation if necessary. FIRE DEPARTMENT 56. Formal Plan Review: Review of this development proposal is limited to accessibility of site access and water supply as they pertain to fire department operations, and shall mot be construed as a substitute for formal plan review to determine compliance with adopted model codes. Prior to performing any work the applicant shall make application to, and receive from, the Building Division all applicable construction permits. 57. Required Fire Flow: The fire flow for this project is 1,000 gpm at 20 psi residual pressure. The required fire flow is available from area water mains and fire hydrants which are spaced at the required spacing. 58. Fire Hydrant(s) Required: Provide two fire hydrants at locations to be determined by the Fire Department and San Jose Water Company. Hydrant(s) shall have a minimum single flow of 1,000 GPM at 20 psi residual, with spacing not to exceed 500 feet. Prior to applying for building permit, provide civil drawings reflecting all fire hydrants serving the site. To prevent building permit delays, the developer shall pay all required fees to the water company as soon as possible. The preliminary locations of the fire hydrants are at Lots 14/ 15 and Lots 2/3. 59. Fire Lane Marking Required: Provide markings for all roadways within the project. Markings shall be per Fire Department specifications. Installations shall also conform to Local Government Standards and Fire Department Standard Details and Specifications A-6. 60. Parking Along Roadways: The required width of fire access roadways shall not be obstructed in any manner and parking shall not be allowed along roadways les than 28 feet in width. Parking may be permitted alone one side of roadways 28-35 feet in width. For roadways equal to or greater than 36 feet, parking will be allowed on both sides of the roadway. Roadway widths shall be measured curb to curb, with parking space based on an eight foot width. There shall be no parking along the driveway leading to Lot 19 and Lot 20 to maintain adequate fire access. City Council Ordinance Exhibit A - Conditions of Approval PLN2004-70- 16201 & 16239 E. Mozart Avenue-Planned Development Pennit Page 11 61. Timing of Required Water Supply Installations: Installation of required fire service(s) and fire hydrant(s) shall be tested and accepted by the Fire Department prior to the start of framing or delivery of bulk combustible materials. Building pennit issuance may be withheld until installations required installations are completed, tested and accepted. 62. Fire Hydrant Location Identifier: Prior to project final inspection, the general contractor shall ensure that an approved "blue dot" fire hydrant location identifier has been placed in the roadway, as directed by the Fire Department. 63. Fire Apparatus (Engine) Access Roads Required: Provide access roadways with a paved all weather surface, a minimum unobstructed width of 20 feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 36 feet outside and 23 feet inside. Cul-de-sac diameters shall be no less than 72 feet. Installations shall conform to Local Government Standards and Fire Department Standard Details and Specifications. 64. Timing of Required Roadway Installations: Required access roads, up through first lift of asphalt, shall be installed and accepted by the Fire Department prior to the start of construction. Bulk combustible materials shall not be delivered to the site until installation so complete. During construction, emergency access roads shall be maintained clear and unimpeded. Building permit issuance may be withheld until such installations are completed. 65. Premises Identification: Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their backgrounds. WEST VALLEY SANITATION DISTRICT 66. Sanitary Sewer Alignment: Sanitary sewer service is available from an existing eight-inch sanitary sewer main that runs from East Mozart Avenue, along the westerly side of the property and into the sewer system in Longwood Avenue. Based on the information provided on the tentative subdivision map, the district recommends that the developer install a new eight-inch sewer line connecting the East Mozart Avenue line to the Longwood Avenue sewer system. 67. Fees and Bonding Requirements: The developer is required to pay all applicable fees, including plan check fees, inspection deposits and connection fees, as well as post a sewer improvement bond (100% of the estimated sewer construction cost) for the district's approval of the sewer improvement plan. 68. Final Clearance: The district will issue a sewer connection permit for each lot as final clearance for the developer to obtain the building permit upon completion of the new sewer system. The cost of the connection permit is estimated at $350 for each lot. - ....... ,-- ( : 'I I!,' ( I'I/Jd/l'!! City Council Report Item: 4. Category: Consent Calendar Date: February 1,2005 Title: Ordinance 2054 Approving Planned Development Permit (pLN2004-70) to allow Construction of 24 new Single Family Residences on Properties owned by Chai Care, Inc., the Edward and Eleanor Carman Trust and Classic Communities, Inc. located at 1620~ and 16239 E. Mozart Avenue in a PD (planned Development) Zoning District (Second Reading/Roll Call Vote) RECOMMENDATION: That the City Council give second reading to Ordinance Nos. 2054. DISCUSSION: At its meeting of January 18, 2005, the City Council gave fIrst reading to Ordinance No. 2054. Second reading of Ordinance 2054 will approve a Planned Development Permit (PLN2004-70) to allow the construction of 24 new single family residences on properties owned by Chai Care, Inc., the Edward and Eleanor Carman Trust and Classic Communities, Inc., located at 16201 and 16239 E. Mozart Avenue in a PD (Planned Development) Zoning District. Ordinance 2054 includes a modified condition approved by the City Council that requires the pathway leading from Kilmer A venue to the existing Caltrans pathway be dedicated to and maintained by the City. Approved by: ~~ Robert Kass Interim City Manager ".. I ~=LAFLO Local Agency Formation Commission of Santa Clara County -- CERTIFICATE OF COMPLETION CONFORMED COPY: This document hao: not been compared w1th the original. SANTA CLARA COUNTY CLl!RK-RE'... Doc~: 18211090 1/31/2005 i0 f:R I, Neelima Palacherla, Executive Officer of the Santa Clara County Local Agency Formation Commission, issue this Certificate of Completion pursuant to Govenunent Code Sections 57200 and 57201. ,2 AM I hereby certify that I have examined Resolution No. 10442 for a reorganization attached hereto and have found this document to be in compliance with government Code Section 56757 authorizing cities within the County of Santa Clara to assume authority over certain changes in government organization. The name of the City is: Campbell. The entire City is located in Santa Clara County. The change of organization completed is a REORGANIZATION which includes annexation to the City of Campbell and detachment(s) from the following: Santa Clara County Lighting Service Area Central Fire Protection District A map and description of the boundaries of the change of organization is appended hereto. The title of this proceeding is: Campbell Annexation 2004-1 (Uninhabited) The City has complied with all conditions imposed by the Commission for inclusion of the territory in the City's Urban Service Area. The change of organization was ordered subject to the following terms and conditions: None. The date of adoption of the City Resolution ordering the reorganization is 1/18/2005. I declare under the penalty of perjury in the State of California that the foregoing is true and correct. Dated: I/L.~/OE' N~1officer LAFCO of Santa Clara County Attachments: City Resolution, Legal Description (Exhibit A), Map (ElChibit B) 70 West Hedding Street. 1 J th Floor, East Wing. San Jose, CA 95110 · (408) 299-5127 . (408) 295-1613 Fax. wwwsantaclara./afcocagov COMMISSIONERS: Blanca Alvarado. Don Gage. Suzanne Jackson, Linda LeZotte Susan V,cklund Wilson EXECUTIVE OFFICER Neelima Palacherla ......... ---.. MEMORANDUM To: Stephanie Willsey P nner I, Community Development Department From: Date: Subject: Initiate annexation proceedings and establish intent to not hold a protest proceeding to annex certain lands located at E. Mozart A venue and Kilmer A venue from the County of Santa Clara to the City of Campbell designated as "Campbell Annexation 2004-01" (Classics at E. Mozart Avenue) At the regular meeting of January 4, 2005, the City Council adopted Resolution No. 10428 setting the date for consideration of reorganization of area designated "Campbell Annexation 2004-01" (Classics at East Mozart Avenue), property located on the north side of East Mozart Avenue between Highway 17 and South Bascom Avenue; being approximately 16,902 acres (APN's: 424-06-076; 424-06-106; 424-06-108; 424-04- 083). A certified copy of this Resolution is attached for your records. RESOLUTION NO. 10428 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL SETIING DATE FOR CONSIDERATION OF REORGANIZATION OF AREA DESIGNATED "CAMPBELL ANNEXATION 2004-01" (CLASSICS AT EAST MOZART AVENUE), PROPERTY LOCATED ON THE NORTH SIDE OF EAST MOZART AVENUE BETWEEN mGHW A Y 17 AND SOUTH BASCOM AVENUE; BEING APPROXIMATELY 16.902 ACRES (APN'S 424-06-076, 424-06- 106,424-06-108,424-04-083). FILE NO. PLN2004-169. WHEREAS, the City Council of the City of Campbell has received a request for annexation of territory designated "Campbell Annexation 2004-01" (Classics at East Mozart Avenue) from the County of Santa Clara; and WHEREAS, the property, 16.902:l: acres on the north side of East Mozart Avenue between South Bascom Avenue and Highway 17 (APN's 424-06-076, 424-06-106, 424-06-108, 424-04-083) is contiguous to the City of Campbell and is within its urban service area; and WHEREAS, the following special districts would be affected by the proposed annexation: Central Fire District and the County Lighting District; and WHEREAS, annexation would provide for use of the City of Campbell services; and WHEREAS, this territory was pre-zoned on December 2, 2004, to City of Campbell Pre-Zone P-D (planned Development); and WHEREAS, the City of Campbell, as Lead Agency for environmental review for the reorganization, prepared an hritial Study and Mitigated Negative Declaration for the project in compliance with CEQA laws and guidelines; and WHEREAS, the County Surveyor of Santa Clara County has found the map and description (Exhibits "A" and "B") to be in accordance with Government Code Section 56757, the boundaries to be definite and certain, and the proposal to be in compliance with LAFCO's road annexation policies; and WHEREAS, as provided in Government Code Section 56757, the City Council of the City of Campbell shall be conducting authority for a reorganization including an annexation to the City; and WHEREAS, said territory is uninhabited and all owners of such land included in the proposal have consented to this annexation; and WHEREAS, Government Code Section 56663 (a) provides that if a petition for annexation is signed by all owners of land within the affected territory the City Council may approve or disapprove the annexation without public hearing. City Council Resolution File No. PLN2004-169 -16201 & 16239 E. Mozart Ave. Page 2 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Campbell hereby initiates annexation proceedings and will consider annexation of the territory designated as "Campbell Annexation 2004-01" (Classics at East Mozart Avenue) and detachment [rom the County of Santa Clara at their regular meeting of January 18, 2005. PASSED AND ADOPTED this 4th roll call vote: day of January , 2005, by the following AYES: COUNCILMEMBERS: Burr, Hernandez, Furtado, Watson, Kennedy NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None ATTEST: Anne&a;~ .. ~ 1WSTm!!;k;:.>>T 18 .. '11!11:11 _ ClOfU'ECT COP"l Of TtII QIIlGPIII; Ofl UE 1M nue Ol'f'IC:S. : ANd &Yea:. CSTY .~ 0llY . CALI ORNIA. ttJ o.~ ~BkJ November 29, 2004 BKF No. 20036013-10 Page 1 of 3 EII&INIDtSI SUIVEfOISI PlMRiRS EXHIBIT "A" Annexation to the City of Campbell Entitled CAMPBELL ANNEXATION 2004-01 Real property situate in the County of Santa Clara, State of California, described as follows: Beginning at the most easterly corner of that certain annexed territory, known as "Burton Road No. I", to the Town of Los Gatos, passed and adopted on November 7, 1977 under Resolution No. 1977-174 of the Town of Los Gatos; Thence leaving said corner and along the northeasterly line of said Burton Road No. 1 annexation, and along the northeasterly line of that certain annexed territory, known as "Oka Road No.7", to the Town of Los Gatos, adopted on July 30, 1979, North 58024'51" West, 1334.16 feet to an angle point therein and being also a point on the center line of State Highway Route 17; Thence along said center line and along the southeasterly line of said Oka Road No. 7 annexation, North 31001 '21" East, 858.84 feet to the southwesterly line of that certain annexed territory, known as "Campbell Annexation 1959-15", to the City of Campbell, passed and adopted on November 2, 1959 under Ordinance No. 227 of the City of Campbell; Thence along said southwesterly line of said Campbell Annexation 1959-15, South 57052'51" East, 60.52 feet to the most southerly corner therein; Thence along the southeasterly line of said Campbell Annexation 1959-15, North 31001 '21" East, 284.31 feet to the most northerly corner of Lot 151, Tract No. 1426, entitled "White Oaks Manor No.3", filed April 26, 1955 in Book 57 of Maps at Page 4, Records of Santa Clara County; Thence leaving said northerly corner and along the northeasterly line of said Lot 151, Tract No. 1426, South 59030'00" East, 8.69 feet to the most northerly corner of the lands described in that certain Director's Deed, Number DD-048244-01-01, conveyed to The Santa Clara County Traffic Authority, recorded October 13, 1993, under Document No. 12154578, Official Records of Santa Clara County; Thence leaving said corner and along the northwesterly line of said lands of The Santa Clara County Traffic Authority (Doc. 12154578), South 29048'10" west, 66.00 feet to the most westerly corner of said lands; Thence leaving said corner and along the southwesterly line of said Lot 151, Tract No. 1426, South 59030'00" East, 116.20 feet to the northwesterly line of Longfellow A venue, 50.00 feet in width, as shown on said map of Tract No. 1426; Campbell Annexation 2004-01 Page 2 of 3 Thence along said northwesterly line of Longfellow Avenue, the following three (3) courses: 1) South 30030'00" West, 22.67 feet to the beginning of a curve to the right, having a radius of 20.00 feet; 2) Southwesterly, along said curve, through a central angle of 46011' 13" and an arc length of 16.12 feet to the beginning of a reverse curve, concave to the east, having a radius of 45.00 feet; 3) Southerly and southeasterly, along said curve, through a central angle of 137014'32" and an arc length of 107.79 feet to a point on the southwesterly line of Kilmer Avenue, 50.00 feet in width, as shown on said map of Tract No. 1426; said point being also the most northerly comer of Parcel Two, as described in that certain Individual Grant Deed, conveyed to James W. Richards and Patricia A. Richards, Trustees, recorded April 22, 1999, under Document No. 14769268, Official Records of said County; Thence leaving said southwesterly line of Kilmer Avenue, along the northwesterly line of said Parcel Two (Doc. 14769268), the following two (2) courses: 1) South 51005'25" West, 36.60 feet; 2) South 38031'19" West, 73.90 feet to the most southerly comer of Lot 154 of said Tract No. 1426; Thence leaving said comer and along the southwesterly line of Lot 155 of said Tract No. 1426, South 57052'51" East, 388.29 feet to the most easterly corner of Parcel 2, as shown on that certain Parcel Map, filed August 13, 1970 in Book 271 of Maps' at Page 28, Records of said County; Thence leaving said comer and along the southeasterly line of said Parcel 2, South 33015'54" West, 458.73 feet to the southwesterly line of East Mozart Avenue, this section of road being 48.00 feet in width, as shown on Parcel Map, filed July 1, 1999 in Book 717 of Maps at Pages 34 and 35, Records of said County; Thence along said southwesterly line of East Mozart Avenue, the following four (4) courses: 1) North 58026'06" West, 103.63 feet to the beginning of a non-tangent curve, concave to the southeast, having a radius of 20.00 feet, from which a radial line bears North 21035'04" West; 2) Southwesterly, along said curve, through a central angle of 08039'35" and an arc length of 3.02 feet to the beginning of a reverse curve, concave to the northwest, having a radius of 42.00 feet; 3) Southwesterly, along said curve, through a central angle of 29023'53" and an arc length of 21.55 feet; 4) South 89009'14" West, 26.58 feet to a point on the northeasterly line of State Highway Route 85, said point being at the beginning of a non-tangent curve, concave to the northeast, having a radius of 595.03 feet, fonn said point a radial line bears North 57047'25" East; K:\Sur03\0360 I3\Legals\Campbell Annex 2004-0I.doc Campbell Annexation 2004-01 Page 3 of 3 Thence along said northeasterly line of State Highway Route 85, the following five (5) courses: 1) Southeasterly, along said curve, through a central angle of 05018'54" and an arc length of 55.20 feet to the beginning of a compound curve, concave to the northeast, having a radius of 1400.07 feet; 2) Southeasterly, along said curve, through a central angle of 18017'22" and an arc length of 446.92 feet; 3) South 75007'22" East, 330.10 feet; 4) South 66010'33" East, 72.79 feet to the beginning of a curve to the left, having a radius of 15.00 feet; 5) Northeasterly, along said curve, through a central angle of 80022'01" and an arc length of 21.04 feet to the northwesterly line of Bascom A venue; Thence leaving said northwesterly line of Bascom Avenue, South 56032'06" East, 43.00 feet to a point on the northwesterly line of that certain annexed territory, known as "Parker No. 16", to the City of San Jose, adopted May 12, 1976 under Ordinance No. 18059 of the City of San Jose; Thence along said northwesterly line of said Parker No. 16 annexation, South 33027'54" West, 367.67 feet to the point of Beginning. Containing an area of 16.902 acres, more or less. As shown on Exhibit "B" attached hereto and made a part hereof. This real property description was prepared by me or under my direction in accordance with the Professional Land Surveyors' Act. For: B~ Davis Thresh, P.L.S. No. 6868 License expires 09-30-2006 1\-v0-Zoo~ Date BOUNDARY UNE OF PROPOSED ANNEXATION - - - - - EXlS11NG CITY UMIT UNE APN ASSESSOR'S PARCEL No. ~ fa Iso'l b ~I.I ~I ~b ~ I g I 1 S30"30'OO-W 22.67' "'~ ~~ II ~~ d \.....\ ~ i. R==20' ~46'1'13- l==16.12' !i l1F' CAl-\~ II enco 811e\Z3.R==4S'~=137'4'32-l==107.79' \ -z,cx::A:. ~ ~ 15s9"30 6- CJ I ~ ;: ~~~.;~::J:~ ~~.60' \ '/L,II) / ~ :J 8.69' ~ 1< 6. S38"31'19-W 73.90' en ~ 15J..J TRAcT 1426 Co) SS9.30'O -E \ Wl-llTE OAKS MANOR NO. 3 ~ ~~~O 21 L_~_MAPS~______ ~ ....~---- 3 @ KILMER A VENUE ~ ~ ~p I-~-:l-:J-T-T-- ~;;; / I JS61 J57 I JSa I J59, J60 I VICINITY MAP zl/J54 !B, I I I I I I' ~ 6 SS7.S2'S1-E 388.29' II ~g742's1-E DOC. J4169268 -1-i T;-;- T - - - - - - -l- - -; I~I 77' IAPN APN I 269 M 35 43' I 42+j04-0B2co 424j04-083 I N ~ it> I I I I I L - - -1 < I, ~ I AREA TO I g a: ~ "': ~ I I I I I 5J4 M 46 I ~ II!:: I ~ 8 BE ANNEXED ~ < ~ ~~ ~ I I I I I ~ ~I ~ ,~ I ~ 16.902 AC.:l: Q. ~ e<i: ~ I :' : I : ' :; I S ~ - ~ 0/ ~ 1/5 I ... I l... It)> .lloJlloJlloJILoJL-- ~e:~ 2<10:::1' IAPN PARCEL 1, inl1.1 (,), ~ ~ ~ ~ I I.., tieno 5~ ~ b{ _424J06-10~1 27J M 2a ',~ 8, ~', ~ ,I ~ I, ~ II' ,I ~~~ Co) ~18 ,~~ ... I I APN I en en > ... I Z II ~ ~ :l ;\. 424-06-108 I I, I I , I I t -,JZ ,en ~ It) I A."""" L I ::l .... 10 '''.?,.:-.., ~ L ~ -- ..L-'_L-L--L-1-- ---- 1-;;" r- ~so~~o:- -.--::::= - 87 NSB"26 06-W EAST MOZAR~A VEN~~ (COUNTY_ROAD) I ~ ~ w i - - '" ~ i -../ - - 9 103.63 PCl ;TPCL I Pct:1 MYERS loDe. 17549224 ,0 ~ ~ ~ /<V \ ~ b. PCl4/ 717' J I 1 I L404 OR J9J4 I d 72.79'111 >~ ~: //@ li:t/~~:~~-1400.07' 4-1 .: I ~~~~1''2.'t'~ S66",O'33-EI~ ;~ Z \ /"''9' / .~ 1/':' P B 1722- L... 446 92' 110. R==15' A-80"22'01-' '" 0 ~ I (~ / ~ I v" I' L==21.04' I ~ 00 / ~ / I I 11. SS6'32'06-E ~ (I) uS I , / STATE OF CALFORNIA ROUTE 85' 43.00' I ~ ~ "': I '- - Y (WEST VALLEY FREEWAY) I 42~6:-114 I ~ ~ I 7. R-20' .6-08"39'35- l-=3.02' APN , APN I POINT OF I ~ i!: ffi : :: ~:~~~~~:"2i~~g~, L==21.S5' 424-06-122 I 424-06-131 I BEGINNING I ~ 5 ~ _ _ II) - - - - - - -NS8~4'S1-W1334.16~ WANDA lANEr:t - - I 77' ,/ - - ....... TOWN OF LOS GATOS CITY UMIT , ,. ---BURTON ROAD NO. 1------ I RES. NO. 1977-174 \~ 11/07/1977 EXHIBIT -B- ~. 0 100 200 PROPOSED ANNEXATION ENGINEERS / SURVEYORS / PLANNERS ~ I I I TO THE CITY OF CAMPBELL 981 RIDDER PARK DRIVE, SUllE 100 \ ENTITLED SAN JOSE, CA 95131-230S .CAMPBELL ANNEXATION 2004-1. K:/SUR03/036013/DWG/ANNEXATlON/ANNEXATlON SHEET 1.DWG 11/29/04. SCALE 1"=200' BKF NO. 20036013-10 SHEET 1 OF 1 It) I" en 10 en ... ~~en FN~ < .... xo, WZN Z .@ Zo "' '<0:::'" 0'" d m Q. ~ < o LEGEND SITE ~ < ~ !$! ~ < ~ ~ C) en Z 0::: 9 ~ LU => ~ '< ~ 1\ ~ ~\ ,... ..... ~ ::l o 0::: " .... ~f \ \ foo-I --I I!! \ :)en 0"1- en_ a:,~ 0:::J ~~ Z,...- 00 a: en O....:g II. .< ::i 0 Cl < Zen o~g II. ~~ o <j w60 .... I- ~ I ~ J ( , \ \ ....... ":''-t - - - ~Bkf .ol"CA4t 4. ;b~ !., '{t> ... r" U t"" '" .l, 1-~ ,,<' .O~CHA\lQ CITY OF CAMPBELL City Clerk's Office January 19, 2005 Mr. Eric Morley Morley Bros., LLC 99 Almaden Blvd., Suite 720 San Jose, CA 95113 Dear Mr. Morley: At the regular meeting of January 18, 2005, the Campbell City Council held a public hearing to consider the application of Mr. Scott Ward, on behalf of Classic Communities, Inc., for an annexation (pLN 2004-169) of approximately 16,902 acres, including the subject property imd adjacent roadways; a Planned Development Permit (pLN 2004-70) to allow the construction of 24 single-family homes; a Tentative Subdivision Map (pLN 2004-72) to subdivide the subject properties into 24 residential lots and one common lot; and a Tree Removal Permit (pLN 2004-71) to allow the removal of 13 protected trees on properties owned by Chai Care, Inc., the Edward and Eleanor Carman Trust, and Classic Communities, Inc., located at 16201 and 16239 E. Mozart Avenue in a P-D (planned Development) Zoning District. After hearing public testimony, and following City Council discussion and deliberation, the Campbell City Council took the following action: 1. Adopted Resolution No. 10441 approving aMitigated Negative Declaration for the project located at 16201 and 16239 E. Mozart Avenue, incorporating the attached fmdings and subject to the Conditions of Approval; 2. Adopted Resolution No. 10442 making determinations and approving the annexation of approximately 16,902 acres designated "Campbell Annexation 2004-01" (Classics at East Mozart Avenue) located on the North side of East Mozart Avenue between Highway 17 and South Bascom Avenue (APN'S 424-06-076, 424-06-106, 424-06-108, 424-04-083), incorporating the attached fmdings and subject to the Conditions of Approval; Continued 70 North First Street . Campbell I California 95008.1423 . TEL 408.866.2117 . FAX 408.374.6889 . TDD 408.866.2790 Page 2 Classics at East Mozart - Annexation 2004-01 3. Gave fIrst reading to Ordinance 2054 approving a Planned Development Permit (pLN 2004-70) to allow the construction of 24 new single-family residences on properties owned by Chai Care Inc., the Edward and Eleanor Carman Trust, and Classic Communities, Inc., located at 16201 and 16239 E. Mozart Avenue in a P-D (Planned Development) Zoning District, incorporating the attached fmdings and subject to the Conditions of Approval. This Ordinance will receive second reading and fmal adoption at the regular City Council meeting scheduled for February 1, 2005. 4. Adopted Resolution No. 10443 approving a Tentative Subdivision Map (PLN 2004-72) to subdivide the subject properties into 24 residential lots and one common lot on properties owned by Chai Care, Inc., the Edward and Eleanor Carman Trust, and Classic Communities, Inc., located at 16201 and 16239 E. Mozart Avenue in a P-D (planned Development) Zoning District, incorporating the attached fmdings and subject to the Conditions of Approval; and 5. Adopted Resolution No. 10444 granting a Tree Removal Permit (PLN 2004-71) to allow the removal of 13 protected trees on properties owned by Chai Care Inc., the Edward and Eleanor Carman Trust, and Classic Communities, Inc., located at 16201 and 16239 E. Mozart Avenue in a P-D (planned Development) Zoning District, incorporating the attached fmdings and subject to the Conditions of Approval. A certified copy of the above numbered Resolutions, adopted by a 4-0-1 vote with Councilmember Burr being absent, is attached for your records. A certifIed copy of Ordinance 2054 will be forwarded to you following second reading and final adoption at the regular scheduled City Council meeting of February 1, 2005. Please do not hesitate to contact this office (866-2117) or Stephanie Willsey, Planner I, should you have any questions in regard to the City Council's action. Sincerely, ~'7. // /. /~ . e Bybee City Clerk Attachment: cc. Stephanie Willsey, Planner I MEMORANDUM To: Stephanie Willsey PI er I From: Date: Subject: File No. PLN 2004-169/70/71/72 - 16201 & 16239 E. Mozart Avenue Annexation, Planned Development Permit, Tentative Subdivision Map and Tree Removal Permit At the regular meeting of January 18, 2005, the City Council held a public hearing to consider the application of Mr. Scott Ward, on behalf of Classic Communities, Inc., for an annexation (PLN 2004-169) of approximately 16,902 acres, including the subject properties and adjacent roadways; a Planned Development Permit (PLN 2004-70) to allow the construction of 24 single-family homes; a Tentative Subdivision Map (PLN 2004-72) to subdivide the subject properties into 24 residential lots and one common lot; and a Tree Removal Permit (PLN 2004-71) to allow the removal of 13 protected trees, on properties owned by Chai Care, Inc., the Edward and Eleanor Carman Trust, and Classic Communities, Inc., located at 16201 and 16239 E, Mozart Avenue. After hearing public testimony and following City Council discussion and deliberation, the following action was taken: 1. Adoption of Resolution No. 10441 approving a Mitigated Negative Declaration for the project located at 16201 and 16239 E. Mozart Avenue, incorporating the attached findings and subject to the Conditions of Approval; 2. Adoption of Resolution No. 10442 making determinations and approving the annexation of approximately 16,902 acres designated "Campbell Annexation 2004-01" (Classics at East Mozart Avenue) located on the North side of East Mozart Avenue between Highway 17 and South Bascom Avenue (APN's 424- 06-076, 424-06-106. 424-06-108, 424-04-083, incorporating the attached findings and subject to the Conditions of Approval; Continued ... Page 2 Classics at East Mozart - Annexation 2004-01 3. Gave fIrst reading to Ordinance 2054 approving a Planned Development Permit (PLN 2004-70) to allow the construction of 24 new single-family residences on properties owned by Chai Care Inc., the Edward and Eleanor Carman Trust and Classic Communities, Inc., located at 16201 and 16239 E. Mozart Avenue in a P-D (Planned Development) Zoning District, incorporating the attached findings and subject to the Conditions of Approval. This Ordinance will receive second reading and [mal adoption at the regular City Council meeting scheduled for February 1, 2005. 4. Adoption of Resolution No. 10443 approving a Tentative Subdivision Map (PLN 2004-72) to subdivide the subject properties into 24 residential lots and one common lot on properties owned by Chai Care, Inc., the Edward and Eleanor Carman Trust, and Classic Communities, Inc., located at 16201 and 16239 E. Mozart Avenue in a P-D (Planned Development) Zoning District, incorporating the attached findings and subject to the Conditions of Approval; and 5. Adoption of Resolution No. 10444 granting a Tree Removal Permit (PLN 2004- 71) to allow the removal of 13 protected trees on properties owned by Chai Care, Inc., the Edward and Eleanor Carman Trust, and Classic Communities, Inc., located at 16201 and 16239 E. Mozart Avenue in a P-D (Planned Development) Zoning District, incorporating the attached findings and subject to the Conditions of Approval. A certified copy of the above numbered Resolutions, adopted by a 4-0-1 vote with Councilmember Burr being absent, is attached for your records. A copy of the letter notifying the applicant of the City Council's action is also attached for your fIles. A certified copy of the Ordinance will be forwarded, as applicable, following second reading at the regular meeting of February 1, 2005. Attachment: RESOLUTION NO. 10441 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING THE ADOPTION OF A MITIGATED NEGATIVE DECLARATION FOR THE PROJECT LOCATED AT 16201 & 16239 E. MOZART AVENUE. After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the City Council did determine that the adoption of a Mitigated Negative Declaration is warranted based upon the following findings: 1. An Initial Study has been prepared for the Classics at East Mozart Avenue Project, which provides documentation for the factual basis for concluding that a Mitigated Negative Declaration may be adopted since no substantial evidence exists, in light of the whole record, that the project may have a significant effect on the environment. The project consists of the development of 24 new single-family homes and a private street. 2. The Mitigated Negative Declaration describes the reasons the Classics at East Mozart A venue Project will not have a significant effect on the environment and therefore does not require the preparation of an Environmental Impact Report, pursuant to the California Environmental Quality Act (CEQA) Guidelines. 3. There are no responsible agencies or trustee agencies responsible for resources affected by the Classics at East Mozart Avenue Project. 4. The City of Campbell provided a Notice of Intent to adopt a Mitigated Negative Declaration to the public via the Campbell Express and the County Clerk in compliance with all requirements of the CEQA Guidelines. 5. The City of Campbell provided a 20-day public review period of the draft Mitigated Negative Declaration pursuant to the CEQA Guidelines. The 20-day public review period was between September 29, 2004 and October 18, 2004. Comments were received from the Valley Transportation Authority (VT A). 6. The mitigation measures identified in the Mitigated Negative Declaration are included as conditions of approval of the Planned Development Permit. 7. The Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. City Council Resolution Approving the Adoption of a Mitigated Negative Declaration-16201 & 16239 E. Mozart Ave. Page 2 2. The Custodian of the Record for the Mitigated Negative Declaration and Initial Study is the City Clerk of the City of Campbell, located at 70 North First Street, Campbell, California. PASSED AND ADOPTED this ~ day of January ,2005, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Hernandez, Furtado, Watson, Kennedy none Burr ATTEST: ~ Anne Bybee, City Clerk FQREG.101t(Q msTl".'!"~":Nl >s It. ,.~ = collREOT cop': Of HIE ORtGINM. Flt.E llil nus Of'ne€. ~ ANftE &Y!>riE. CITY ClERK, crN . . If~'A. ~ lAY~ l4UL \ \ 1..\\ c,) \ \ RESOLUTION NO. 10442 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL MAKING DETERMINATIONS AND APPROVING THE ANNEXATION OF APPROXIMATELY 16.902 ACRES DESIGNATED "CAMPBELL ANNEXATION 2004-01" (CLASSICS AT EAST MOZART AVENUE) LOCATED ON THE NORTH SIDE OF EAST MOZART AVENUE BETWEEN HIGHWAY 17 AND SOUTH BASCOM AVENUE (APN'S 424-06-076, 424-06-106, 424-06-108, 424-04-083). FILE NO. PLN2004-169. WHEREAS, the City of Campbell has received a request for annexation of territory designated "Campbell Annexation 2004-01" (Classics at East Mozart Avenue) from the County of Santa Clara consisting of approximately 16.902 acres located on the north side of East Mozart Avenue between Highway 17 and South Bascom Avenue (APN'S 424-06-076, 424-06-106, 424-06-108, 424-04-083); and WHEREAS, on January 4, 2005 the City Council adopted Resolution No. 10428 initiating proceedings for annexation of the area designated as "Campbell Annexation 2004-01" (Classics at East Mozart Avenue); and WHEREAS, Section 56757 of the California Government Code states that the Local Agency Formation Commission shall not review an annexation proposal to any city in Santa Clara County of unincorporated territory which is within the urban service area of the city if initiated by resolution by the legislative body; therefore the City Council of the City of Campbell is now the conducting authority for said annexation; and WHEREAS, all of the legal owners of that certain uninhabited real property designated as "Campbell Annexation 2004-01" (Classics at East Mozart Avenue), consisting of approximately 16.902 acres, Santa Clara County Assessor Parcel Numbers (APN'S 424-06-076, 424-06-106, 424-06-108, 424-04-083), located in the County of Santa Clara and within the City of Campbell's urban service area, have consented in writing to the annexation of the subject properties; and WHEREAS, pursuant to Sections 56663 and 57002 of the California Government Code, when all of the owners of land within the affected territory have given their written consent to the proposed annexation, the conducting authority may conduct proceedings and approve the annexation by resolution without notice, hearing or an election; and WHEREAS, the territory proposed for annexation is designated as Low Density Residential (less than 6 units per gross acre) on the City's General Plan Land Use Diagram and has been pre- zoned as P-D (Planned Development); and WHEREAS, the City of Campbell, as Lead Agency for environmental review for the annexation, prepared an Initial Study and Mitigated Negative Declaration for the project in compliance with CEQA laws and guidelines. City Council Resolution File No. PLN2004-^169 - 16201 & 16239 E. Mozart Avenue - Annexation Page 2 of3 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Campbell that: 1. The City Council is the conducting authority pursuant to Section 56757 of the Government Code for the annexation of property designated "Campbell Annexation 2004-01" (Classics at East Mozart Avenue) and more particularly described in Exhibits "A" (legal description) and "B" (diagram) attached and incorporated by reference. 2. The City Council finds and determines that all necessary environmental assessment procedures have been conducted and completed in accordance with the requirements of the California Environmental Quality Act and the guidelines promulgated thereunder. The Community Development Department is hereby authorized to prepare and file a Notice of Determination consistent with the environmental assessment and findings of the City Council. 3. That the following findings are made by the City Council of the City of Campbell in accordance with Section 56757 of the Government Code: a. That said territory is uninhabited and comprises approximately 16.902 acres; b. That the annexation is consistent with the orderly annexation of territory within the City's urban service area, as adopted by the Local Agency Formation Commission of Santa Clara County; c. The City Council enacted an ordinance on December 2, 2004 pre-zoning the territory P-D (planned Development); d. On November 30, 2004, the Santa Clara County Surveyor determined the boundaries of the territory to be annexed, designated "Campbell Annexation 2004-01" (Classics at East Mozart Avenue), to be definite and certain and to be in compliance with the road annexation policies of the Commission. The City shall reimburse the County for the actual costs incurred by the County Surveyor in making this determination; e. The proposed annexation does not split lines of assessment or ownership; f. The proposed annexation does not create islands or areas in which it would be difficult to provide municipal services; g. The proposed annexation is consistent with the adopted General Plan of the City of Campbell; h. The territory to be annexed is contiguous to existing City limits; 1. The City has complied with all conditions imposed by the Commission for inclusion of the territory in the City's urban service area. 4. That all affected agencies that will gain or lose territory as a result of the annexation have consented in writing to the waiver of protest proceedings. City Council Resolution File No. PLN2004-169 -16201 & 16239 E. Mozart Avenue - Annexation Page 3 of3 5. That all property owners and registered voters have been provided written notice of this proceeding and no opposition has been received. 6. That said annexation is hereby ordered without any further protest proceedings pursuant to Section 56663. 7. In conjunction with annexing the territory into the City of Campbell, the territory is detached from the Central Fire District (371) and the County Lighting District (313). 8. Upon completion of these annexation proceedings the territory that was annexed will be taxed on the regular county assessment roll, including taxes for existing bonded indebtness. PASSED AND ADOPTED at the regular meeting of the City Council of the City of Campbell this 18th day of January ,2005, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: Hernandez, Furtado, Watson, Kennedy COUNCILMEMBERS: None COUNCILMEMBERS: Burr COUNCILMEMBERS: None APPRO ATTEST: t2~ Anne Bybee, City Clerk ~ FQReG'OiI~ INST[l\lJ~1NT tB A .... iliff) CORREOf COPIf OF 1" 0Rl8AUa Off ALE IN THIS o;.'t<lCE. : ANMIl 6vm!E. CI1Y .~ ...., o CAMPBI!U. CALlFOMIA. . Gf.~ (J EXHIBIT A ~Bkf EIl&INElRSI SulvnolSt PUIMltS EXHIBIT "A" Annexation to the City of Campbell Entitled CAMPBELL ANNEXATION 2004-01 Real property situate in the County of Santa Clara, State of California, described as follows: Beginning at the most easterly comer of that certain annexed territory, known as "Burton Road No.1", to the Town of Los Gatos, passed and adopted on November 7, 1977 under Resolution No. 1977-174 of the Town of Los Oatos; Thence leaving said comer and along the northeasterly line of said Burton Road No. 1 annexation, and along the northeasterly line of that certain annexed territory, known as "Oka Road No.7", to the Town of Los Gatos, adopted on July 30, 1979, North 58024'51" West, 1334.16 feet to an angle point therein and being also a point on the center line of State Highway Route 17; Thence along said center line and along the southeasterly line of said Oka Road No. 7 annexation, North 31001 '21" East, 858.84 feet to the southwesterly line of that certain annexed territory, known as "Campbell Annexation 1959-15", to the City of Campbell, passed and adopted on November 2, 1959 under Ordinance No. 227 of the City of Campbell; Thence along said southwesterly line of said Campbell Annexation 1959-15, South 57052'51" East, 60.52 feet to the most southerly comer therein; Thence along the southeasterly line of said Campbell Annexation 1959-15, North 31001'21" East, 284.31 feet to the most northerly comer of Lot 151, TractNo. 1426, entitled "White Oaks Manor No.3", filed April 26, 1955 in Book 57 of Maps at Page 4, Records of Santa Clara County; Thence leaving said northerly comer and along the northeasterly line of said Lot 151, Tract No. 1426, South 59030'00" East, 8.69 feet to the most northerly comer of the lands described in that certain ,Director's Deed, Number DD-048244-01-01, conveyed to The Santa Clara County Traffic Authority, recorded October 13, 1993, under Document No. 12154578, Official Records of Santa Clara County; Thence leaving said comer and along the northwesterly line of said lands of The Santa Clara County Traffic Authority (Doc. 12154578), South 29048' 10" west, 66.00 feet to the most westerly comer of said lands; Thence leaving said comer and along the southwesterly line of said Lot 151, Tract No. 1426, South 59030'00" East, 116.20 feet to the northwesterly line of Longfellow Avenue, 50.00 feet in width, as shown on said map of Tract No. 1426; Campbell Annexation 2004-01 Page 2 of 3 Thence along said northwesterly line of Longfellow A venue, the following three (3) courses: 1) South 30030'00" West, 22.67 feet to the beginning of a curve to the right, having a radius of 20.00 feet; 2) Southwesterly, along said curve, through a central angle of 46011' 13" and an arc length of 16.12 feet to the beginning of a reverse curve, concave to the east, having a radius of 45.00 feet; 3) Southerly and southeasterly, along said curve, through a central angle of 137014'32" and an arc length of 107.79 feet to a point on the southwesterly line of Kilmer Avenue, 50.00 feet in width, as shown on said map of Tract No. 1426; said point being also the most northerly comer of Parcel Two, as described in that certain Individual Grant Deed, conveyed to James W. Richards and Patricia A. Richards, Trustees, recorded April 22, 1999, under Document No. 14769268, Official Records of said County; Thence leaving said southwesterly line of Kilmer Avenue, along the northwesterly line of said Parcel Two (Doc. 14769268), the following two (2) courses: 1) South 51005'25" West, 36.60 feet; 2) South 38031'19" West, 73.90 feet to the most southerly comer of Lot 154 of said Tract No. 1426; Thence leaving said comer and along the southwesterly line of Lot 155 of said Tract No. 1426, South 57052'51" East, 388.29 feet to the most easterly comer of Parcel 2, as shown on that certain Parcel Map, filed August 13, 1970 in Book 271 of Maps at Page 28, Records of said County; Thence leaving said comer and along the southeasterly line of said Parcel 2, South 33015'54" West, 458.73 feet to the southwesterly line of East Mozart Avenue, this section of road being 48.00 feet in width, as shown on Parcel Map, filed July 1, 1999 in Book 717 of Maps at Pages 34 and 35, Records of said County; Thence along said southwesterly line of East Mozart Avenue, the following four (4) courses: 1) North 58026'06" West, 103.63 feet to the beginning of a non-tangent curve, concave to the southeast, having a radius of 20.00 feet, from which a radial line bears North 21035'04" West; 2) Southwesterly, along said curve, through a central angle of 08039'35" and an arc length of 3.02 feet to the beginning of a reverse curve, concave to the northwest, having a radius of 42.00 feet; 3) Southwesterly, along said curve, through a central angle of 29023'53" and an arc length of 21.55 feet; 4) South 89009' 14" West, 26.58 feet to a point on the northeasterly line of State Highway Route 85, said point being at the beginning of a non-tangent curve, concave to the northeast, having a radius of 595.03 feet, fonn said point a radial line bears North 57047'25" East; K:\Sur03\0360 13\Legals\Campbell Annex 2004-0I.doc Campbell Annexation 2004-01 Page 3 of 3 Thence along said northeasterly line of State Highway Route 85, the following five (5) courses: 1) Southeasterly, along said curve, through a central angle of 05018'54" and an arc length of 55.20 feet to the beginning of a compound curve, concave to the northeast, .having a radius of 1400.07 feet; 2) Southeasterly, along said curve, through a central angle of 18017'22" and an arc length of 446.92 feet; 3) South 75007'22" East, 330.10 feet; 4) South 66010'33" East, 72.79 feet to the beginning of a curve to the left, having a radius of 15.00 feet; 5) Northeasterly, along said curve, through a central angle of 80022'01" and an arc length of 21.04 feet to the northwesterly line of Bascom Avenue; Thence leaving said northwesterly line of Bascom Avenue, South 56032'06" East, 43.00 feet to a point on the northwesterly line of that certain annexed territory, known as "Parker No. 16", to the City of San Jose, adopted May 12, 1976 under Ordinance No. 18059 of the City of San Jose; Thence along said northwesterly line of said Parker No. 16 annexation, South 33027'54" West, 367.67 feet to the point of Beginning. Containing an area of 16.902 acres, more or less. As shown on Exhibit "B" attached hereto and made a part hereof. This real property description was prepared by me or under my direction in accordance with the Professional Land Surveyors' Act. For: B~ Davis Thresh, P.L.S. No. 6868 License expires 09-30-2006 I \ -"Z--0 - zoo4::-- Date RESOLUTION NO. 10443 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A TENTATIVE SUBDIVISION MAP (pLN2004- 72) TO SUBDIVIDE THE SUBJECT PROPERTIES INTO 24 RESIDENTIAL LOTS AND ONE COMMON LOT ON PROPERTIES OWNED BY CHAI CARE, INC., THE EDWARD AND ELEANOR CARMAN TRUST AND CLASSIC COMMUNITIES, INC. LOCATED AT 16201 & 16239 E. MOZART AVENUE IN A P-D (pLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. SCOTT WARD, ON BEHALF OF CLASSIC COMMUNITIES, INC. FILE NO.: PLN2004-72. After notification and public hearing, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the City Council did find as follows with respect to application PLN2004-72: 1. The creation of 24 residential lots and one common lot is consistent with the Low Density Residential (less than 6 units per gross acre) General Plan Land Use Designation. 2. The maximum density allowed under the General Plan is less than 6 units per gross acre and the project would result in 5.7 units per gross acre. 3. The Tentative Subdivision Map is consistent with the P-D (planned Development) Zoning District. 4. The proposed project includes provisions for access to natural air and light for all of the units. 5. The provisions of the Covenants, Conditions and Restrictions are necessary to ensure the long-term property maintenance and continued architectural integrity of the project. 6. The Tentative Subdivision Map has been distributed to local agencies, including Pacific Gas and Electric, West Valley Sanitation District, Santa Clara Valley Transportation Authority and the Santa Clara Valley Water District. None of these agencies raised any concerns about providing services to the proposed lots. 7. A Mitigated Negative Declaration has been prepared for this project concluding that there are no significant unmitigated impacts associated with this project, pursuant to the California Environmental Quality Act (CEQA). Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1. The Tentative Subdivision Map is consistent with the General Plan and Zoning Ordinance of the City. City Council Resolution PLN2004-72 -16201 & 16239 E. Mozart Avenue - Tentative Subdivision Map Page 2 2. The Tentative Subdivision Map does not impair the balance between the housing needs of the region and the public service needs of its residents and available fiscal and environmental resources. 3. The design of the Tentative Subdivision Map provides, to the extent feasible, for future passive or natural heating and cooling opportunities. 4. The development and uses will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 5. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. 6. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 7. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. NOW, THEREFORE, BE IT RESOLVED that the City Council approves a Tentative Subdivision Map (PLN2004-72) to subdivide the subject properties into 24 residential lots and one common lot on properties owned by Chai Care, Inc., the Edward and Eleanor Carman Trust and Classic Communities, Inc. located at 16201 & 16239 E. Mozart Avenue in a P-D (planned Development) Zoning District. Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. CO~TYDEVELOPMENTDEPARTMENT Planning Division: 1. Aporoved Prolect: Approval is granted for a Tentative Subdivision Map (PLN2004-72) to create 24 residential lots and one common lot located at 16201 & 16239 E. Mozart Avenue. The subdivision design shall substantially conform to the project exhibits listed below, except as may be modified by the conditions of approval herein: a. Tentative Subdivision Map prepared by BKF Engineers and dated as received by the Planning Division on October 12, 2004. City Council Resolution PLN2004-72 - 16201 & 16239 E. Mozart Avenue - Tentative Subdivision Map Page 3 b. Preliminary Grading and Drainage Plan prepared by BKF Engineers and dates as received by the Planning Division on October 12, 2004. 2. ApDroval Expiration: The Tentative Subdivision Map approval is valid for a period of two years from the date of final City Council approval unless an extension is granted prior to the expiration date. 3. Tentative Subdivision Map: The Planned Development Permit approval is contingent upon recordation of the Final Subdivision Map to divide the subject property. The Final Subdivision Map shall be recorded prior to the issuance of building permits. 4. Park Impact Fee: A park impact fee of $10,990 per unit is due upon development of the site. Based on the development of 24 units, a total of $263,760 shall be paid to the City. Prior to recordation of the Final Subdivision Map, 75% of this fee is due. The remaining 25% is due prior to issuance of a certificate of building occupancy. 5. Covenants. Codes and Restrictions: The applicant shall submit a draft copy of the Covenants, Conditions and Restrictions (CC&R's) to the Planning Division for approval by the Community Development Director and City Attorney, prior to the recordation of the Final Subdivision Map, which provide for: a. Formation of a Homeowner's Association; b. Continued architectural controls to ensure the architectural integrity of the project; c. Definition of common areas to be maintained and provision of maintenance for these areas; d. Provision of a funding mechanism to ensure maintenance and upkeep of common areas; and e. Provision for the availability of interior garage space for the parking of vehicles at all times. 6. Demolition of Structures: Prior to recordation of the Final Map the applicant shall obtain a building permit for the demolition of all non-conforming structures. 7. Property Maintenance: The property is to be maintained free of any combustible trash, debris and weeds until the time that actual construction commences. All existing structures shall be secured by having windows boarded up and doors sealed shut, or be demolished or removed from the property. PUBLIC WORKS DEPARTMENT 8. Final Map: Prior to issuance of any grading or building permits for the project, the applicant shall submit a final map for review by the City and recordation, upon approval by the City Council. The current plan check fee is $3,200.00 plus $35 per lot. 9. Preliminary Title Report: Upon submittal of the final map, the applicant shall provide a current Preliminary Title Report. City Council Resolution PLN2004-72 -16201 & 16239 E. Mozart Avenue - Tentative Subdivision Map Page 4 10. Public Service Easement: Upon recordation of the final map, the applicant shall grant a 10- foot public service easement on private property contiguous with the public right-of-way along the East Mozart Avenue frontage. The applicant shall cause all documents to be prepared by a registered civil engineerlland surveyor, as necessary, for the City's review and recordation. 11. Right-of-Wav for Public Street Purposes: Upon recordation of the final map, the applicant shall cause additional right-of-way to be granted for public street purposes along the East Mozart Avenue frontage to accommodate a 30-foot half street width. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 12. Rif!ht of Way for Pedestrian Pathway/Access: Upon recordation of the fmal map, the applicant shall dedicate in fee a ten foot (10') wide public access pathway for recreational trail purposes from the existing cul-de-sac at Kilmer Avenue, through Parcel A as shown on the Tentative Map dated 08/13/04 by BKF Engineers, to the existing caltrans pedestrian pathway adjacent to the proposed private cul-de-sac. Access shall be handicap. accessible. In addition, prior to recordation of the fmal map the applicant shall contribute $100,000 to the City for the maintenance of the pedestrian pathway, which does not include maintenance of fencing or lighting. The applicant shall cause all documents to be prepared by a registered civil engineerlland surveyor, as necessary, for the City's review and recordation. 13. Private Easements: Upon recordation of the final map, the applicant shall cause private easements to be recorded for private utilities, private storm drains, reciprocal ingress and egress, emergency vehicles, etc. 14. Monumentation for Final Map: Prior to recordation of the final map, the applicant shall provide security for setting all monuments shown on the map. 15. Occupancy: Prior to allowing occupancy for any and/or all buildings, the applicant shall have the required street improvements installed and accepted by the City. 16. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer c1eanout(s) shall be relocated or installed on private property behind the public right-of-way line. 17. Soils Report: Prior to issuance of any grading or building permits for the site, applicant shall provide a soils report prepared by a registered geotechnical or civil engineer. 18. Utilities: All on-site utilities shall be installed underground per Section 21.18.140 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. City Council Resolution . PLN2004-72 -16201 & 16239 E. Mozart Avenue - Tentative Subdivision Map Page 5 19. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities. The plan shall clearly show the location and size of all existing utilities and the associated main lines; indicate which utilities and services are to remain; which utilities and services are to be abandoned, and where new utilities and services will be installed. Joint trenches for new utilities shall be used whenever possible. 20. Pavement Restoration: Based on the utility coordination plan, the applicant shall prepare a pavement restoration plan for approval by the City Engineer prior to any utility installation or abandonment. Streets that have been resurfaced within the previous five years will require boring and jacking for all new utility installations. East Mozart Avenue, Kilmer Avenue and Longfellow have not been resurfaced in the last 5 years. The pavement restoration plan shall indicate how the street pavement shall be restored following the installation or abandonment of all utilities necessary for the project. 21. Grading and Drainage Plan: Prior to issuance of any grading or building permits for the site, the applicant shall conduct hydrology studies based on a ten-year storm frequency, prepare an engineered grading and drainage plan, and pay fees required to obtain necessary grading permits. The plans shall comply with the 1998 edition of the California Building Code including Chapters 10, 11, 18,33, and Appendix Chapter 33. 22. Storm Drain Area Fee: Prior to recordation of the final map, the applicant shall pay the required Storm Drain Area fee of $2,060.00 per net acre, which is $8,178.00. 23. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding stormwater pollution prevention. Specifically the project must include source control, site design and treatment measures to achieve compliance with Provision C.3. of the NPDES Permit. Measures may include, but are not limited to, minimization of impervious surface area, vegetated swales, infiltration areas, and treatment devices. The primary objectives are to improve the quality and reduce the quantity of storm water runoff to the bay. Resources to achieve these objectives include Stormwater Best Management Practices Handbook for New Development and Redevelopment ("CA BMP Handbook") by the California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for Storm water Quality Protection ("Start at the Source") by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for Stormwater Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. 24. State Construction General Permit: Prior to issuance of any grading or building permits, the applicant shall comply with the State Construction General Permit requirements including paying fees, filing a Notice of Intent, and providing a Storm Water Pollution Prevention Plan City Council Resolution PLN2004-72 -16201 & 16239 E. Mozart Avenue - Tentative Subdivision Map Page 6 (SWPPP). The applicant shall submit a copy of the SWPPP to the City prior to issuance of any grading or building permits. 25. Covenants. Conditions. and Restrictions: Provide copies of CC&R's for review by the City prior to recordation of the final map and CC&R's. 26. Demolition: Prior to recording of the final map the applicant shall obtain a demolition permit and remove any nonconforming structures. 27. Street and Pedestrian Pathway Improvements: Prior to recordation of the final map, the applicant shall execute a street improvement agreement, cause plans for public street and pathway improvements to be prepared by a registered civil engineer, pay various fees and deposits, post security and provide insurance necessary to obtain an encroachment permit for construction by the applicant of the standard public street and pathway improvements, as required by the City Engineer. The plans shall include the following: East Mozart Avenue a. Installation of a cuI-de -sac per City requirements on East Mozart Avenue. b. Installation of City standard curb, gutter, sidewalk and ADA compliant curb ramps on East Mozart Avenue. c. Reconstruction of street structural pavement section to centerline, or as required by the City Engineer. d. Installation of street trees and irrigation at 40 feet on center along East Mozart Avenue. e. Installation of City standard benclunarks as required by the City Engineer. f. Installation of monument wells as required by the City Engineer. g. Installation of streetlights, conduits, conductors and related facilities in accordance with the City of Campbell's Street Lighting Policies along East Mozart Avenue. h. Installation of storm drain facilities on East Mozart Avenue and connection to existing facilities. 1. Installation of traffic control, stripes and signs as necessary. J. Construction of conforms to existing public and private improvements, as necessary. Kilmer A venuelLongfellow Drive a. Installation of ADA compliant driveway approach. b. Installation of streetlights, conduits, conductors and related facilities in accordance with the City of Campbell's Street Lighting Policies. c. Installation of traffic control, stripes and signs as necessary. d. Construction of conforms to existing public and private improvements, as necessary. City Council Resolution PLN2004-72 - 16201 & 16239 E. Mozart Avenue - Tentative Subdivision Map Page 7 Pedestrian Pathway/Access a. Installation of a pedestrian pathway from Kilmer Avenue/Longfellow Avenue cul- de-sac to the caltrans pedestrian pathway. The pathway shall be designed and constructed to be ADA compliant. The pathway shall also be designed and constructed per City requirements and shall include appropriate drainage, lighting, bollards, fencing, and signage. Lighting and fencing shall be located outside of the pathway area. b. Topography of the area indicating all above and below ground utilities and other facilities. c. Grading and drainage plan for the construction of the pathway. d. Signage plan indicating access to the pathway. e. Construction details for the asphalt concrete pathway, lighting, bollards, fencing, sign age, and utilities relocation if necessary. PASSED AND ADOPTED this ~ day of January ,2005, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Hemande7, Furtado, Watson, Kenn.edy None Burr' None ATTEST: Anne Bybee, City Clerk ~\&~ ~_ ,.,s~~~- ~ ~ ~\G.' _.-r.. Ol'{'( r\ . .IL.. ...... vu..a '" ""' cl'T'f 0-' -- t.:.Af -\ v-.x-"- Q1I ~~..,.~ --r~~ <.._) .._--- RESOLUTION NO. 10444 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL GRANTING A TREE REMOVAL PERMIT (pLN2004-71) TO ALLOW THE REMOVAL OF 13 PROTECTED TREES ON PROPERTIES OWNED BY CHAI CARE, INC., THE EDWARD AND ELEANOR CARMAN TRUST AND CLASSIC COMMUNITIES, INC. LOCATED AT 16201 & 16239 E. MOZART AVENUE IN A P-D (pLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. SCOTT WARD, ON BEHALF OF CLASSIC COMMUNITIES, INC. FILE NO.: PLN2004-71. After notification and public hearing, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the City Council did find as follows with respect to application PLN2004- 71 : 1. The proposed Tree Removal Permit is consistent with the Low Density Residential (less than 6 units per gross acre) General Plan Land Use Designation and P-D (planned Development) Zoning District. 2. The project will include the removal of 13 protected trees because they would prohibit the construction of the 24 new single-family homes and a private street. 3. The thirteen 24-inch box replacement trees are consistent with the tree replacement requirements of the Tree Protection Regulations. 4. The proposed replacement trees will be a sufficient replacement for the trees to be removed and will continue the diversity of tree species found in the community. 5. A Mitigated Negative Declaration has been prepared for this project concluding that there are no significant unmitigated impacts associated with this project, pursuant to the California Environmental Quality Act (CEQA). Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1. The retention of the trees restricts the economic enjoyment of the property and creates an unusual hardship for the property owner by severely limiting the use of the property in a manner not typically experienced by owners of similarly zoned and situated properties, and the applicant has demonstrated to the satisfaction of the Planning Commission that there are no reasonable alternatives to preserve the trees. 2. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. ~~ City Council Resolution PLN2004-7l-16201 & 16239 E. Mozart Avenue-Tree Removal Permit Page 2 3. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts ofthe project. NOW, THEREFORE, BE IT RESOLVED that the City Council grants a Tree Removal Permit (pLN2004-71) to allow the removal of 13 protected trees on properties owned by Chai Care, Inc., the Edward and Eleanor Carman Trust and Classic Communities, Inc. located at 16201 & 16239 E. Mozart Avenue in a P-D (Planned Development) Zoning District. Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. COMMUNITY DEVELOPMENT DEPARTMENT Planning Division: 1. Approved Prolect: Approval is granted for a Tree Removal Permit (pLN2004-7l) to remove 13 protected trees located at 16201 & 16239 East Mozart Avenue. The Tree Removal Permit shall only be valid in conjunction with an approved Planned Development Permit (pLN2004- 70). 2. Replacement of Removed Trees: The applicant shall provide thirteen 24-inch box replacement trees for the protected trees to be removed as part of the development. 3. Landscape Plan: The applicant shall submit a final landscape and irrigation plan to the Planning Division, prior to the issuance of building permits, for review and approval by the Community Development Director. The landscape and irrigation plan shall substantially conform with the approved conceptual landscape plan and the City's Water Efficient Landscaping Standards (WELS) and shall include all replacement trees as required for the Tree Removal Permit. PASSED AND ADOPTED this ~ day of January , 2005, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: Hernandez, Furtado, Watson, Kennedy COUNCILMEMBERS: None COUNCILMEMBERS: Burr COUNCILMEMBERS: No ATTEST: .. IlORI1GOOCQ lNSTJlU!:lfENT 1'8 A Talt MO COflRI!eT COpy OIl' lHI 0RIGIUl Qff PlLli ... llflS OFPtca I ANNIi BYBEE. CITY CU!RIc, em CAUI'ORHM. W< UtJ::- :J ,;-- I I. 11/ ( 11f./ ,1;1 ;// City Council. Report ITEM NO: CATEGORY: MEETING DATE: 4. Public Hearing January 18, 2005 TITLE Public Hearing to consider the application of Mr. Scott Ward, on behalf of Classic Communities, Inc., for an annexation (pLN2004-169) of approximately 16.902 . acres including the subject properties and adjacent roadways, a Planned Development Permit (pLN2004-70) to allow the construction of 24 single-family homes; a Tree Removal Permit (pLN2004-71) to allow the removal of 13 protected trees; and a Tentative Subdivision Map (pLN2004-72) to subdivide the subject properties into 24 residential lots and one common lot on properties owned by Chai Care, Inc., the Edward and Eleanor Carman Trust, and Classic Communities, Inc., located at 16201 & 16239 E. Mozart Avenue in the P-D (Planned Development) Zoning District. CITY COUNCIL ACTION The Planning Commission recommends that the City Council take the following actions: 1. Adopt a Resolution, incorporating the attached findings, adopting a Mitigated Negative Declaration for the Classics at East Mozart Avenue Project. 2. Adopt a Resolution, incorporating the attached findings, waiving protest proceedings and approving an annexation of approximately 16.902 acres designated "Campbell Annexation 2004-01" (Classics at East Mozart Avenue). 3. Take first reading of the attached Ordinance, incorporating the attached findings, approving a Planned Development Permit to allow the construction of 24 single-family homes, subject to the attached conditions of approval. 4. Adopt a Resolution, incorporating the attached findings, approving a Tentative Subdivision Map to create 24 residential lots and one common lot, subject to the attached conditions of approval. 5. Adopt a Resolution, incorporating the attached findings, approving a Tree Removal Permit to remove 13 protected trees, subject to the attached conditions of approval. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act (CEQA), the City conducted an Initial Study for this project. The results of the study determined that no significant impacts would be created as a result of this project. Based upon the information provided in the Initial Study, the Planning Commission recommends that the City Council adopt the Mitigated Negative Declaration prepared for this project. Comments were received from the Valley Transportation Authority (VT A) and are attached to this report in Attachment #7. City Council Report File No. PLN2004-l69/70/71/72 -16201 & 16239 E. Mozart Avenue - Annexation, Planned Development Permit, Tree Removal Permit, Tentative Subdivision Map Page 2 of7 BAcKGROUUND The City Council and Planning Commission both reviewed this project at separate study sessions on September 7,2004 (City Council) and September 14, 2004 (Planning Commission). The City Council was generally supportive ofthe project concept as presented. The Planning Commission was also supportive of the project concept with some recommended changes to the project. The applicant addressed all of the comments/requests that the Planning Commission had at the study session on September 14, 2004 either through a study of the issue or a change to the plans. The City Council approved a Pre-Zoning Classification Change in November which changed the pre-zoning designation of the project site from R-I-6 (Single-Family Residential) to P-D (planned Development). A city sponsored neighborhood meeting was held on September 20, 2004. Approximately 14 residents and other interested persons attended the meeting. Concerns expressed at the meeting included: . Traffic impacts on East Mozart Avenue; · East Mozart Avenue/South Bascom Avenue intersection and turning restrictions; · Cut through traffic for the existing office building at the end of East Mozart Avenue; . How drainage and sewer service will be provided to the new homes; and . Rear yard setbacks of the proposed homes and how they will interface with the yards of the existing adjacent homes. The Planning Commission, at its meeting of December 14, 2004, forwarded a recommendation to the City Council by a 5-0 vote (one commissioner abstained) to approve the proposed project. Approximately 11 people addressed the Planning Commission regarding this project. The two major concerns expressed at the meeting included: · The importance of the proposed public pedestrianlbicycle pathway from Kilmer Avenue to the existing Caltrans pathway; and . That vehicular access not be allowed from East Mozart Avenue or the new private street to Kilmer Avenue. The City Council adopted a resolution on January 4,2005 to initiate annexation proceedings. ANALYSIS Annexation: Campbell has two pockets of unincorporated land that are in the City's Sphere of Influence, as determined by the Local Agency Formation Commission (LAFCO). One pocket is east of Leigh Avenue, south of East Hamilton Avenue. The other pocket is located along the southerly portion of the City's boundary between Highway 17 and White Oaks Road and South Bascom Avenue. City Council Report File No. PLN2004-169/70/71/72 -16201 & 16239 E. Mozart Avenue - Annexation, Planned Development Permit, Tree Removal Permit, Tentative Subdivision Map Page 3 of7 The County actively supports the annexation of unincorporated land within cities spheres of influence and has been encouraging cities to accelerate their county pocket annexation efforts. The county supports the annexation of unincorporated land because it implements countywide policies that urban development belongs within cities as they can bett~r provide urban services to their residents. Cities are the units of government primarily responsible for planning and providing services and facilities to urban development while by comparison counties exist primarily to provide various health services, human services, and law and justice services. Annexation decisions used to be made by LAFCO, which is a state mandated local agency set up to oversee the boundaries of cities and special districts. The State Legislature has enacted recent laws that allow most city annexations and reorganizations in Santa Clara County to qualify for a "city-conducted" annexation process. Such proposals are not heard by LAFCO, but by the City Council of the appropriate City. After the City Council decision, the city files the paperwork for finalization of the proposal with LAFCO staff. The City Council would be the approval authority for this proposed annexation and development project. The annexation of territory designated "Campbell Annexation 2004-01" (Classics at East Mozart Avenue) encompasses approximately 16.902 acres. Approximately four acres of this is the project site and the rest of the area is portions of Highway 17, Highway 85, and South Bascom Avenue. These areas are required to be annexed as part of this project to meet road annexation policies. The City Council may waive protest proceedings for annexations if all owners of land within the affected area consent to the annexation and all affected agencies that gain or lose territory give written consent to the waiver of protest proceedings. All the agencies that would be gaining or losing territory and all the owners of land within the affected area have submitted written consent regarding the annexation. The County Surveyor's Office and the County Assessor's Office have prepared reports which certify that the boundaries of the annexation are definite and certain, the proposal is in compliance with road annexation policies, and that the annexation does not split any lines of assessment or ownership. General Plan Designation: The General Plan land use designation for the project site is Low Density Residential (less than 6 units per gross acre). The proposed residential project would be developed at a density of 5.7 units per gross acre, which is within the density range allowed for the site. The proposed project is consistent with the following Strategies and Policies of the City's General Plan: Strategy LUT -5.2a: Neighborhood Compatibility: Promote new residential development and substantial additions that are designed to maintain and support the existing character and development pattern of the surrounding neighborhood, City Council Report File No. PLN2004-169/70/71/72 - 16201 & 16239 E. Mozart Avenue - Annexation, Planned Development Permit, Tree Removal Permit, Tentative Subdivision Map Page 4 of? especially in historic neighborhoods and neighborhoods with consistent design characteristics. Strategy LUT-6.2b: Annexation of Unincorporated Areas: Pursue annexation of unincorporated areas within the City's Sphere of Influence, where appropriate. Policy LUT-9.3: Design and Planning Compatibility: Promote high quality, creative design and site planning that is compatible with surrounding development, public spaces, and natural resources. Strategy LUT-ll.ld: Bicycle and Pedestrian Connections in Development: Encourage new or redeveloping projects to provide logical bicycle and pedestrian connections on site, between parking areas, buildings, and street sidewalks and to existing or planned public right-of-way facilities and encourage pedestrian passages between street-front sidewalks and rear-lot parking areas. Ensure that the bicycle and pedestrian connections interface safely. Pre-Zoning Designation: The current pre-zoning designation for the project site is P-D (Planned Development). Pre-zoning determines the zoning that would apply to an unincorporated property when the property is annexed into the City. The P-D Zoning District is intended to provide a degree of flexibility which is not available in other zones to allow developments that are more consistent with site characteristics while creating an optimum quantity and use of open space and good site design. The project site design is utilizing the benefits of the P-D Zoning district by providing a private street, a stormwater detention facility/open space buffer between Highway 17 and the proposed homes, and a pedestrian/bicycle pathway from Kilmer Avenue to the existing public pedestrian/bicycle pathway that goes across Highway 17 to the Los Gatos County Creek Park. After annexation, the proposed project will be consistent with the P-D Zoning District with approval of a Planned Development Permit. Tentative Subdivision Map: The Tentative Subdivision Map would subdivide the entire subject property into 24 residential lots and one common lot for the private street, stormwater detention facility/open space buffer, and public pedestrian/bicycle pathway. A new "L" shaped private street would be created with an entrance/exit on East Mozart Avenue and a cul-de-sac near the Highway 17 sound wall. There would be no vehicular access to Longfellow Road and Kilmer Avenue from East Mozart Avenue or the private street. Twenty three of the lots would take access from the new private street and one lot would take access from Kilmer Avenue. A ten-foot wide public pathway will be provided for pedestrians, bicycles and non-motorized vehicles from Kilmer Avenue to the existing Caltrans pedestrian/bicycle pathway adjacent to City Council Report File No. PLN2004-169170171172 -16201 & 16239 E. Mozart Avenue Annexation, Planned Development Permit, Tree Removal Permit, Tentative Subdivision Map Page 5 of7 Highway 17. This pathway will be maintained by the future homeowners association that would be established for the project, as reflected in the conditions of approval. Condition of Approval No. 56 (Street and Pedestrian Pathway Improvements) for the Planned Development Permit and Condition of Approval No. 28 (Street and Pedestrian Pathway Improvements) for the Tentative Subdivision Map have been modified from the recommended conditions of approval that Were approved by the Planning Commission to add the additional requirement ofbollards and fencing on the pathway. The revised language for the conditions of approval has been highlighted in bold text in the appropriate resolution/ordinance. Street Improvements: A new 52-foot wide private street has been designed to meet City street standards. It consists of a 36-foot paved width, curbs, detached sidewalk with street trees, and parking on both sides of the street. The street dead ends into a cul-de-sac near the Highway 17 sound wall. While private streets are not required to meet City public street standards, the applicant is proposing to install these improvements to provide a traditional single-family residential street for the future residents of the project. The street improvements on East Mozart Avenue along the project frontage will be constructed to City standards. Site Layout & Architecture: The plot plan proposes the development of 24 single-family homes on individual lots. The proposed residences range in size from 2,034 square feet to 2,110 square feet (not including the garage). The applicant is proposing three separate floor plans (Plan #1, Plan #2, and Plan #3) with three exterior design variations for Plan #1 (Elevation A, B, and C) , two exterior design variations for Plan #2 (Elevation A and B) and one exterior design for Plan #3. Plan #3 will only be utilized on Lot 24 as this floor plan was customized to this specific lot. Parking: The project provides 48 covered garage spaces, 48 uncovered driveway spaces, and 19 private on-street parking spaces for a total of 115 parking spaces. The City's parking requirement for this development is 3.5 spaces per unit and the applicant is proposing 4.8 spaces per unit. Traffic: A traffic report was prepared by Fehr & Peers Transportation Consultants for the proposed project. The traffic report provides a trip generation analysis, site access evaluation, and a speed survey on East Mozart Avenue. The traffic report concluded that the proposed project would add less than 20 AM or PM peak hour trips to East Mozart Avenue which is considered less than significant and requires no traffic mitigation. Access to South Bascom Avenue is only possible by a right turn off of East Mozart Avenue. People who want to go north on South Bascom A venue from East Mozart Avenue are required to turn right and make a U-turn at the first light, which is the intersection of South Bascom Avenue and the Highway 85 on-ramp. The traffic report analyzed possible changes to this situation and found that changes to this intersection or the traffic light would result in detrimental effects to the Highway 85 on and off ramps and result in costs that are exorbitant due to the relatively small size of the proposed project and negligible amount of trips generated by the project. City Council Report File No. PLN2004-169170171172 -16201 & 16239 E. Mozart Avenue Annexation, Planned Development Permit, Tree Removal Permit, Tentative Subdivision Map Page 6 of7 The traffic report also addressed reported cut-through traffic through the parking lot of the existing office building at the end of East Mozart Avenue, which is signed as an exit only driveway. Based upon traffic counts, it was concluded that a small number of vehicles from East Mozart A venue are cutting through the parking lot. The traffic report identified possible changes to the parking lot to attempt to reduce the small amount of cut through traffic, but due to the negligible amount of traffic that was identified, none of the mitigation measures were incorporated into the project as conditions of approval. LandscapinglTree Removal: The project will include the removal of 13 protected trees to accommodate the construction of 24 new single-family homes and a private street. The project includes an application for a Tree Removal Permit and contains a landscaping plan, consistent with the City's Tree Protection Regulations, to replace all protected trees proposed to be removed. The applicant has obtained an arborist report from a certified arborist which evaluates all the trees. These trees are described in the following table: Tree Common Name Trunk Condition No. Diameter 1 = Excellent/ (inches) 5 =Poor 1 Edible Fig 18" 5 2 Blue Atlas Cedar 15" 1 3 Deodor Cedar 14" I 4 Almond 17" 5 5 Japanese Maple 12" I 6 Blue Atlas Cedar 14" I 7 Incense Cedar 12" 3 8 Incense Cedar 12" 3 9 Italian Stone Pine 15" 5 10 California Pepper 24" 2 11 Coast Live Oak 24" 2 12 Coast Live Oak 15" 1 13 Coast Redwood 15" 4 The conceptual landscape plan indicates the 13 required 24-inch box replacement trees as well as additional trees on site. The conceptual landscape plan also indicates new landscaping in the front yards of each home, the street side yards of Lot 1 and Lot 21 along East Mozart Avenue, landscaping in the common areas including the detention basin and along the pedestrian trail, and new street trees in the detached sidewalk of the private street. The Planning Commission has recommended a condition of approval which requires the applicant to submit a detailed final landscape plan, prior to the issuance of building permits, for review and approval by the Community Development Director. FISCAL IMPACTS The fiscal impacts associated with the annexation and development of the property would result City Council Report File No. PLN2004-169170171172 -16201 ,& 16239 E. Mozart Avenue Annexation, Planned Development Permit, Tree Removal Permit, Tentative Subdivision Map Page 7 of7 in a park in lieu fee of $263,760 and development application fees (i.e. building permit fees, public works fees) of approximately $166,240. An increase in annual property tax revenues of approximately $20,000 - $25,000 (depending on the sale price of the homes) would be generated for the City. On-going expenditures in order to provide City services would include Police, Fire and Public Works maintenance as well as general City services. It is anticipated that the revenues from the area would generally cover the cost of services. The current contract for fire services provides for the coverage of annexation areas at no additional cost to the City. This contract will remain in effect until July 1, 2008. The project site represents a smaller area out of the total 73 acre "southern pocket." Staff is currently working with Santa Clara County Central Fire Protection District to analyze and quantify any changes in the way future fire protection services are provided and financed for the area if the entire area were to be annexed. ALTERNATIVES 1. Approve the proposed project subject to additional and/or modified conditions of approval. 2. Deny the proposed project. 3. Continue for further review. Attachments: 1. City Council Resolution (Mitigated Negative Declaration) 2. City Council Resolution (Annexation) 3. City Council Ordinance (Planned Development Permit) 4. City Council Resolution (Tentative Subdivision Map) 5. City Council Resolution (Tree Removal Permit) 6. Planning Commission Resolutions and Meeting Minutes 7. Planning Commission Report including Attachments Reviewed by: g~/. W,.,~ Stephanie Wills~y, Planner I ~J.v"fciMr \..-~'_'''_'','___''____.._n'' Prepared by: Approved by: Sharon Fierro, Community Development Director ~~ Robert Kass, Interim City Manager M/S: Watson/Furtado - to approve the Consent Calendar. Motion adopted by the following roll call vote: AYES Councilmembers: Hernandez, Furtado, Watson, Kennedy NOES Councilmembers: None ABSENT: Councilmembers: Burr ORAL REQUESTS There were no Oral Requests. PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES 4. Application of Scott Ward, on behalf of Classic Communities Inc. for an Annexation (PLN 2004-169) of approximately 16.902 acres including the subject properties and adjacent roadways, a Planned Development Permit (pLN2004-70) to allow the construction of 24 single-family homes, a Tree Removal Permit (pLN2004-71) for the removal of 13 protected trees, and a Tentative Subdivision Map (pLN2004-72) to subdivide the property into 24 residential lots and one common lot on properties owned by chai Care, Inc., the Edward and Eleanor Carman Trust, and the State of California, located at 16201 & 16239 E. Mozart Avenue in a PD (planned Development) Zoning District (Introduction of Ordinance/Resolutions/Roll Call Vote) This is the time and place for a public hearing to consider the Application of Scott Ward, on behalf of Classic Communities Inc. for an Annexation (PLN 2004-169) of approximately 16.902 acres including the subject properties and adjacent roadways, a Planned Development Permit (PLN2004-70) to allow the construction of 24 single- family homes, a Tree Removal Permit (PLN2004- 71) for the removal of 13 protected trees, and a Tentative Subdivision Map (PLN2004-72) to subdivide the property into 24 residential lots and one common lot on properties owned by Chai Care, Inc., the Edward and Eleanor Carman Trust, and the State of California, located at 16201 & 16239 E. Mozart Avenue in a PD (Planned Development) Zoning District. Planner I Willsey - Staff Report dated January 18, 2005. Mayor Kennedy declared the public hearing open and asked if anyone in the audience wished to be heard. Scott Ward, Applicant, appeared before the City Council and spoke in support of the project. Mr. Ward also spoke in support of the revised Condition of Approval pertaining to the proposed pathway leading from Kilmer A venue that would require the pathway be dedicated and maintained by the City and that Classic Communities contribute $100,000 to the City for maintenance of the pathway. Minutes of 1/18/05 City Council Meeting 3 Patrick King, 168 Kilmer Avenue, Campbell, appeared before the City Council and spoke in support of the project stating that he also supports the pathway being dedicated and maintained by the City. Jim Richards, 108 Kilmer Avenue, Campbell, appeared before the City Council and spoke in support of the project. Mr. Richards expressed concerns regarding the one- way road leading from this development onto Kilmer which he does not support. Larry Wallerstein, 1650 Technology Drive, San Jose, appeared before the City Council and spoke in support of the project. Brian Hogan, 1195 Emerson Avenue, Campbell, appeared before the City Council and spoke in support of the project. There being no one else wishing to speak, Mayor Kennedy closed the public hearing. Following discussion, MIS: Furtado/Watson - that the City Council take the following actions: Adopt Resolution 10441 approving a Mitigated Negative Declaration for the Classics at East Mozart Avenue Project and incorporating Findings; and Adopt Resolution 10442 approving an annexation of approximately 16.902 acres designated "Campbell Annexation 2004-01" (Classics at East Mozart Avenue) located on the north side of East Mozart Avenue between Highway 17 and South Bascom Avenue, incorporating Findings and waiving protest proceedings; and Introduce Ordinance 2054 approving a Planned Development Permit to allow the construction of 24 single-family homes, incorporating Findings and subject to Conditions of Approval including amended condition approving the dedication of the pathway leading from Kilmer Avenue to the existing Caltrans pathway to the City who will maintain the pathway; and Adopt Resolution 10443 approving a Tentative Subdivision Map to create 24 residential lots and one common lot on property located at 16201 and 16239 E. Mozart Avenue in a PD (planned Development) Zoning District, incorporating Findings and subject to Conditions of Approval including amended condition approving the dedication of the pathway leading from Kilmer Avenue to the existing Caltrans pathway to the City who will maintain the pathway; and Adopt Resolution 10444 approving a Tree Removal Permit to remove 13 protected trees on property located at 16201 and 16239 E. Mozart Avenue, incorporating Findings and subject to Conditions of Approval. Motion adopted by the following roll call vote: AYES : Councilmembers: Hernandez, Furtado, Watson, Kennedy NOES Councilmembers: None ABSENT: councilmembers: Burr Minutes of 1/18/05 City Council Meeting 4 The City Clerk read the title of Ordinance 2054. MIS: Furtado/Watson - that further reading of Ordinance 2054 be waived. Motion adopted by a 4-0-1 vote, Councilmember Burr absent. 5. Appeal of Larry Fernandes regarding Planning Commission denial of application for a Modification (pLN2004-105) to a previously approved site and Architectural Permit to allow interior improvements to an existing office building on property owned by the Fernandes Family Trust located at 2110 S. Bascom in a C-2-S (General Commercial) Zoning District (Resolution/Roll Call Vote) This is the time and place for a public hearing to consider an Appeal of Larry Fernandes regarding Planning Commission denial of application for a Modification (PLN2004-105) to a previously approved Site and Architectural Review Permit to allow interior improvements to an existing office building on property owned by the Fernandes Family Trust located at 2110 S. Bascom in a C-2-S (General Commercial) Zoning District. Planner I Denis - Staff Report dated January 18, 2005. Mayor Kennedy declared the public hearing open and asked if anyone in the audience wished to be heard. Larry Fernandes, 2132 Canoas Garden Avenue, San Jose appeared before the City Council and spoke in support of the proposed modification and parking adjustment. There being no one else wishing to be heard, Mayor Kennedy closed the public hearing. Following discussion, M/S: Watson/Hernandez - that the City Council adopt Resolution 10445 denying an Appeal and upholding the Planning Commission denial of a Modification (pLN2004-05) to a previously approved Site and Architectural Review Permit (pLN2001-21) to allow interior improvements and a parking adjustment to an existing office building. Motion adopted by the following roll call vote: AYES Councilmembers: Hernandez, Furtado, Watson, Kennedy NOES Councilmembers: None ABSENT: Councilmembers: Burr UNFINISHED BUSINESS There were no agendized items. Minutes of 1/18/05 City Council Meeting 5 .\.~.O'.'. c~ 1019' !:: ~ U. . r- o . 0 """. J. '$-... ~ .OotCHA"".c.. City of Campbell - Community Development Department 70 N. First Street, Campbell, CA 95008 MEMORANDUM To: From: Honorable Mayor and City Council Robert !Cass, Interim City Manag~ Item #4 - Public Hearing Agenda 16201 & 16239 E. Mozart Avenue Date: January 18, 2005 Subject: The applicant has requested that the conditions of approval that pertain to the proposed pathway leading from Kilmer Avenue to the existing Caltrans pathway be revised to require that the pathway area be dedicated to the City, maintained by the City, and that they contribute $100,000 to the City for the maintenance of this pathway. Staff supports the proposed modifications to the conditions of approval that were approved by the Planning Commission. The revised conditions of approval for the Planned Development Permit include Condition of Approval #40, deletion of previous Condition of Approval #41, and revision of Condition of Approval #55. The revised conditions of approval for the Tentative Subdivision Map include Condition of Approval #12, deletion of previous Condition of Approval #13, and revision of Condition of Approval #27. The revised language for the conditions of approval have been highlighted in bold text in the appropriate attached resolution/ordinance. Attachments: Letter from the Applicant Revised Planned Development Permit Ordinance Revised Tentative Subdivision Map Resolution C:::-. ~ riTilnn CLASSIC COMMUNITlfS January 13,2005 Geoff Bradley, Sr. Planner City of Campbell 70 N. First Street Campbell, CA 95008 Re: Planned Development Permit and Tentative Subdivision Map applications for 16201 & 16239 Mozart Ave. Dear Geoff, On behalf of Classic CommWlities, Inc. (CCI), I am writing to offer a solution to the disposition of the proposed trail associated with the pr~lect. CCI proposes to dedicate an easement and fund the cost of and improve tht: trail in coordination with the City. The City would maintain the trail and maintain liability related to the trail, enjoying immunities granted the City under State law. CCI would pay a one time fee of $1 00,000 to the City for maintenance costs. If you have allY questions or would like additional information regarding our plans, please contact me at 650-496-4496 or Eric Morley at 408-293-7680. Sincerely, CLASSIC COMMUNITIES (JJJJvOJ'Q,l Scon Ward V ice President fj 10l.11 E.",~T ;l.IE...P,'\W ..~mCl.E. l'ALl) ,\LTO. LALlF,)RNI1\ ,)~101 nl.U'HtlNE 165,114'1".~H~ F:\L':iIMIl.E \(,~t)) "~',')~5l) 6. Initiation of Annexation Proceedings and Establishing Intent to Not Hold a Protest Proceeding to Annex Certain lands located at East Mozart A venue and Kilmer Avenue from the County of Santa Clara to the City of Campbell designated as "Campbell Annexation 2004-01" (Resolution/Roll Call Vote) Resolution 10428 initiates the annexation proceedings and establishes intent to not hold a protest proceeding to annex certain lands located at East Mozart A venue and Kilmer A venue from the County of Santa Clara to the City of Campbell designated as "Campbell Annexation 2004-01. " 7. . Approval of Redevelopment Agency Annual Report Resolution 10429 accepts the City of Campbell Redevelopment Agency Annual Report for Fiscal Year 2003/04. 8. Designating Robert Kass as Interim City Manager and Authorizing Compensation for Interim City Manager (Resolution/Roll Call Vote) Resolution 10430 designates Robert Kass as Interim City Manager and authorizes compensation for the Interim City Manager. 9. Accept $1,000 Donation from Kathleen Bull for the Campbell Historical Museum - Ainsely House Roof Repair project (cIP #00-12) This action accepts $1,000 donation from Kathleen Bull for the Campbell Historical Museum - Ainsley House Roof Repair Project (CIP #00-12). 10. Authorize Purchase of Radar Speed Feedback Signs and Approval of Budget Adjustment (Resolution/Roll Call Vote) Resolution 10431 authorizes the purchase of radar speed feedback signs; approves a Budget Adjustment; and authorizes the Public Works Director to award a contract to the lowest responsible bidder. 11. Approval of Budget Adjustment re: Campbell Community Center Pre-School Playground Replacement Project (Resolution/Roll Call Vote) Resolution 10432 approves a Budget Adjustment for Project 05-05, the Campbell Community Center Pre-school Playground Replacement Project. 12. Amendment to the Animal Control Joint Powers Authority Agreement (Resolution/Roll Call Vote) Resolution 10433 approves a new and revised Joint Exercise of Powers Agreement for the Silicon Valley Animal Control Authority. Minutes of 1/4/2005 City Council Meeting 3 14. Accept $1,000 Donation from John W. Surratt for the Campbell Historical Museum - Ainsley House Roof Repair Project (CIP #00-12) This action accepts $1,000 donation from John W. Surratt for the Campbell Historical Museum - Ainsley House Roof Repair Project (CIP #00-12). 15. Accept Donation from Jeanette Watson's Election Campaign Fund for Restoration of 1919 Rausch & Lang Electric Automobile in Museum's Collection This action accepts a donation from Jeanette Watson's Election Campaign fund for restoration of the 1919 Rausch & Lang Electric Automobile in the Museum's collection. M/S: Burr/Watson - to approve the Consent Calendar with the exception of Item 13. Motion adopted by the following roll call vote: AYES: Councilmembers: Burr, Hernandez, Furtado, Watson, Kennedy NOES: Councilmembers: None ITEMS CONSIDERED SEPARATE FROM THE CONSENT CALENDAR: 13. Fee Waiver Request for Use of Community Center Banquet Hall for Westmont High School Fundraising Event Chris Chapman, 201 Mistletoe Road, Los Gatos, appeared before the City Council and spoke in support of a full fee waiver for the use of the Community Center Banquet Hall for the Westmont High School fundraising event. Following discussion, M/S: Burr/Watson - to approve the staff recommendation approving a partial fee waiver for use of the Community Center Banquet Hall for the Westmont High School Sports Booster fundraising event. Motion adopted by the following roll call vote: AYES: Councilmembers: Burr, Hernandez, Furtado, Watson, Kennedy NOES: Councilmembers: None ORAL REQUESTS There were no Oral Requests. Minutes of 1/4/2005 City Council Meeting 4 --- ItEM NO: CATEGORY: MEETING DATE: 6. Consent Calendar January 4, 2005 { I~ uf (/U)l/ 0e// City" ' Council, Report .... .. '::: TITLE Initiate annexation proceedings and establish intent to not hold a protest proceedings to annex certain lands located at East Mozart Avenue and Kilmer Avenue from the County of Santa Clara to the City of Campbell designated as "Campbell Annexation 2004-01" (Classics at East Mozart Avenue). RECOMMENDATION That the City Council adopt the attached resolution initiating annexation proceedings and establish intent to not hold a protest proceedjng to annex certain lands located at East Mozart Avenue and Kilmer Avenue .from the County of Santa Clara to the City of Campbell designated as "Campbell Annexation 2004-:01" (Classics at East Mozart Avenue). DISCUSSION The proposed annexation is part of a development project which includes a Planned Development Permit to allow the construction of 24 single-family homes; a Tree Removal Permit to allow the removal of 1.3 protected trees; and a Tentative Subdivision Map to subdivide the subject properties into 24 residential lots and one common lot on properties located at 16201' & 16239 E. Mozart Avenue. ' The proposed annexation encompasses approximately 16.902 acres. Approximately four acres of this is the project site and the rest of the area is portions of Highway 17, Highway 85, and South Bascom Avenue. These areas are required to be annexed as part of this project to meet the County's road annexation policies. The attached Exhibit "A" and "B" (Attachment #2) is the map and legal descriptions for the proposed annexation. The City Council would be the approval authority for this proposed annexation and development project. Before an annexation can be approved, the City Council must initiate annexation proceedings and waiv~ protest proceedings. The action on the annexation as well as the development project will be coming before the Council at the meeting on January 18, 2005. The City Council may waive protest proceedings for annexations if all owners of land within the affected area consent to the annexation and all affected agencies that gain or iose territory' give written consent to the waiver of protest proceedings. The Central Fire District, the County Lighting District, the County of Santa Clara, and the City of Campbell are the agencies that . would be gaining or losing territory and all have submitted signed consent forms regarding the annexation (Attachment #3). All the land owners within the affected area consent to the annexation as well and have all submitted signed consent forms (Attachment #4). The, County Surveyor's Office as well as the County Assessor's Office have prepared reports which certify that the boundaries of the annexation are definite and certain, the proposal is in City Council Report File No. PLN2004-169 --16201 & 16239 E. Mozart Ave. Page 2 compliance with the road annexation policies, and that the annexation does not split any lines of assessment. FISCAL IMPACTS The fiscal impacts associated with the annexation and development of the property would result in one time development fees of approximately $430,000. An increase in annual property taX revenues to the City of approximately $18,000 would be generated. On-going expenditures in order to provide City services would include Police, Fire and Public Works maintenance as well as general City services. It is anticipated that the revenues from the area would generally cover the cost of services. The current contract for fire services provides for the coverage of annexation areas at no additional cost to the City. This contract will remain in effect until July 1,2008. The project site represents a smaller area out of the total 73 acre "southern pocket". Staff is currently working with Santa Clara County Central Fire Protection District to analyze and quantify any changes in the way future fire protection services are provided and financed for the area if the entire area were to be annexed. ALTERNATIVES _ 1. Initiate annexation proceedings and establish intent to not hold a protest proceedings. 2. Do not initiate annexation proceedings and establish intent to not hold a protest proceedings. 3. Continue for further review. Approved by: ~Ae: Prepared by: Reviewed by: Attachments: 1. Resolution 2. Exhibit "A" and "B" - Legal Description and Map 3. Waiver of Protest Proceedings by Affected Agencies 4. Letters of Consent from Land OWner Attachment #1 RESOLUTION NO. BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL SETTING DATE FOR CONSIDERATION OF REORGANIZATION OF AREA DESIGNATED "CAMPBELL ANNEXATION 2004-01" (CLASSICS AT EAST MOZART AVENUE), PROPERTY LOCATED ON THE NORTH SIDE OF EAST MOZART AVENUE BETWEEN HIGHWAY 17 AND SOUTH BASCOM AVENUE; BEING APPROXIMATELY 16.902 ACRES (APN'S 424-06-076, 424-06- 106,424-06-108,424-04-083). FILE NO. PLN2004-169. WHEREAS, the City Council of the City of Campbell has received a request for annexation of territory designated "Campbell Annexation 2004-01" (Classics at East Mozart Avenue) from the County of Santa Clara; and WHEREAS, the property, 16.902:1:: acres on the north side of East Mozart Avenue between South Bascom Avenue and Highway 17 (APN's 424-06-076, 424-06-106, 424-06-108, 424-04-083) is contiguous to the City of Campbell and is within its urban service area; and WHEREAS, the following special districts would be affected by the proposed annexation: Central Fire District and the County Lighting District; and WHEREAS, annexation would provide for use of the City of Campbell services; and WHEREAS, this territory was pre-zoned on December 2, 2004, to City of Campbell Pre-Zone P-D (planned Development); and WHEREAS, the City of Campbell, as Lead Agency for environmental review for the reorganization, prepared an Initial Study and Mitigated Negative Declaration for the project in compliance with CEQA laws and guidelines; and WHEREAS, the County Surveyor of Santa Clara County has found the map and description (Exhibits "A" and "B") to be in accordance with Government Code Section 56757, the boundaries to be definite and certain, and the proposal to be in compliance with LAFCO's road annexation policies; and WHEREAS, as provided in Government Code Section 56757, the City Council of the City of Campbell shall be conducting authority for a reorganization including an annexation to the City; and WHEREAS, said territory is uninhabited and all owners of such land included in the proposal have consented to this annexation; and WHEREAS, Government Code Section 56663 (a) provides that if a petition for annexation is signed by all owners of land within the affected territory the City Council may approve or disapprove the annexation without public hearing. City Council Resolution File No. PLN2004-169 - 16201 & 16239 E. Mozart Ave. Page 2 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Carn.pbell hereby initiates annexation proceedings and will consider annexation of the territory designated as "Campbell Annexation 2004-01" (Classics at East Mozart Avenue) and detachment from the County of Santa Clara at their regular meeting of January 18, 2005. PASSED AND ADOPTED this roll call vote: day of ,2005, by the following AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: APPROVED: Jane P. Kennedy, Mayor ATTEST: Anne Bybee, City Clerk ~Bkf Attachment #2 November 29,2004 BKFNo.20036()13-1O Page 1 of3 EII&lMDMI SUlVlYOtsi p&Aflll&its EXHIBIT "A" Annexation to the City of Campbell Eiltitled CAMPBELL ANNEXATION 2004-01 Real property situate in the County of Santa Clara, State of California, described as follows: Beginning at the most easterly corner of that. certain annexed territory, known as "BurtonRoad No. I", to the Town of Los Gatos, passed and adopted on November 7, 1977 under Resolution No. 1977-174 of the Town of Los Gatos~. . Thenc~ leaving said corner and along the northeasterly line of said Burton Road No. 1 annexation, and along the northeasterly line of that certain annexed territory, known as "Oka Road No.7", to the Town of Los Gatos, adopted on July 30, 1979, North 58024'51" West, 1334.16 feet to an angle point therein and being also a point on the center line of State Highway Route 17; Thence along said center line and along the southeasterly line of said Oka Road No. 7 annexation, North 31001 '21" East, 858.84 feet to the southwesterly line of that certain annexed territory, known as "Campbell Annexation 1959-15", to the City of Campbell, passed and adopted on November 2, 1959 under Ordinance No. 227 of the City of Campbell; Thence along said southwesterly line of said Campbell Annexation 1959-15, South 57052'51" East, 60.52 feet to the most southerly comer therein; Thence along the southeasterly line of said Campbell Annexation 1959-15, North 31001'21" East, 284.31 feet to the most northerly corner of Lot 151, Tract No. 1426, entitled "White Oaks Manor No.3", filed April 26, 1955 in Book 57 of Maps at Page 4, Records of Santa Clara County; . ' Thence leaving said northerly corner and along the northeasterly line of said Lot 151, Tract No. 1426, South 59030'00" East, 8.69 feet to the most northerly corner of the lands described in that cert8in Director's Deed, NumberDD-048244-01-01, conveyed to The. Santa Clara County Traffic Authority, recorded October 13, 1993, under Document No. 12154578, Official Records . of Santa Clara County; Thence leaving said corner and along the northwesterly line of said lands of The Santa Clara County Traffic Authority (Doc. 12154578), South 29048'10" west, 66.00 feet to the most westerly corner of said lands; Thence leaving said corner and . along the southwesterly line of said Lot 151, Tract No. 1426, South 59030'00" East, 116.20 feet to the northwesterly line. of Longf~llow Avenue, 50.00 feet in width, as shown on said map of Tract No. 1426; Campbell Annexation 2004-01 Page 2 of 3 Thence along said northwesterly line of Longfellow A venue, the following three (3) courses: 1) 2) South 30030'00" West, 22.67 feet to the beginning of a curve to the right, having a radius of 20.00 feet; Southwesterly, along said curve, through a central angle of 4601 r 13" and an arc length of 16.12 feet to the beginning of a reverse curve, concave to the east, having a radius of 45.00 f~t; , ' Southerly and southeasterly, along said curve, through a central angle of 137014'32" arid an arc length of 107.79 feet to a point on the southwesterly line of Kilmer Avenue, 50.00 feet in width, as shown on said map of Tract No. 1426; said'point being also 'the most northerly corner of Parcel Two, as, described in that certain Individual Grant Deed, conveyed to James W. Richards and Patricia A.Richards, Trustees, recorded April 22, 1999, under Document No. 14769268, Official Records ' of said County; 3) Thence leaving said southwesterly line of Kilmer Avenue, along the northwesterly line I:)f said Parcel Two (Doc. 14769268), the following two (2) courses: . 1) South 51 005'25" West, 36.60 feet; 2) South 38031'19" West, 73.90 feet to the most southerly corner of Lot 154 of said Tractl'fo.1426; , Thence leaving said corner and along the southwesterly line of Lot 155 of said Tract No. 1426, South 57052'51" East, 388.29 feet to the most easterly comer of Parcel 2, as shown on that certain Parcel Map, filed August 13, 1970 in Book 271 of Maps' at Page 28, Records of said County; , Thence leaving said corner and along the southeasterly line of said P3.Fcel 2, South 33015'54" West, 458.73 feet to the southwesterly line of East Mozart Avenue, this section of road being _48.00 feet in width, as shown on Parcel Map, filed July 1, 1999 in Book 717 of Maps at Pages 34 ' and 35, Records of said County; Thence along said southwesterly line of East Mozart Avenue, the following four (4) courses: 1) North 58026'06" West, 103.63 feet to the beginning of a non-tangent curve, concave to the southeast, having a radius of 20.00 feet, from which a radial line bears North 21035'04" West; 2) Southwesterly, along said curve, through a central angle of 08039'35" and an arc length of 3.02 feet to the beginning of a reverse curve, concave to the northwest, having a radius of 42.00 feet; 3) Southwesterly, along said curve, through a central angle of 29023'53" and an arc length of 21.55 feet; 4) South 89009'14" West, 26.58 feet to a point on the northeasterly line of State ' Highway Route 85, said point being at the beginning of a non-tangent curve, concave to the northeast, having a radius of 595.03 feet, form said point a radial line bears North 57047'25" East; K:\Sur03\0360 13\Legals\Campbell Annex 2004-01.doc Campbell Annexation 2004-01 Page 3 of 3 , Thence along said northeasterly line of State Highway Route 85, the following five (5) courses: 1) Southeasterly, along said curve, through a central angle of 05018'54" and an arc length of 55.20 feet to the beginning ora compound curve, concave to the northeast, having a radius of 1400.07 feet; 2) Southeasterly, along said curve, through a central angle of 18017'22" and an arc length of 446.92 feet; 3) South 75007'22" East, 330.10 fe.et; 4) South 66010'33" East~ 72.79 feet to the beginning of a,curve to the left, having a radius of 15.00 feet; , . 5) Northeasterly, along said curve, through a central angle' of 80022'01" and an arc length of 21.04 feet to the northwesterly line of Bascom Avenue; Thence leaving said north~esterly line of Bascom Avenue, South 56032'06'; East, 43.00 feet to a' point on the northwesterly line of that certain annexed territory, known as "Parker No. 16", to the City of San, Jose, adopted May 12, 1976 under Ordinance No. 18059 of the City of San Jose; Thence along said northwesterly line of said Parker No. 16 annexation, South 33027'54" West, 367.67 feet to the point of Beginning. ' Containing an area of 16.902 acres, more or less. As shown on Exhibit "B" attached hereto and made a part hereof. This real property description was prepared by me or under my direction in accordance with the Professional Land Surveyors' Act. For: B~ Davis Thresh, P.L.S. No. 6868 License expires 09-30-2006 i\ - -vC} - 2-084:::- Date Attachment #3 LOCAL AGENCY FORMATION COMMISSION OF SANTA CLARA COUNTY County Guvenv.nent Centet', 1111I FJ~, East Wing 70 West Hedding Strart, San Jose, California 95110 (408)299--Sl27 (MS) 295-1613 Fax CONSENT TO WAIVER OF PROTES1 PROCH:.DINGS This form muSt be completed by agencies losing or ~ territof)' if they desift that protest proceedings following a LAPCO hearing be waived. . DE5IGNATBDTI'rLEOFPROPOSAL:CJt1.~,~"!..~+ ~~ HoZ~ Brief Description of Proposal: .. ~~. ~n\W~,.ro~~ - f~~n-bt~&~dtl~ ~ ~_.~ r~~. TheCity/Districtof C~~ ~~-t.'&'l) gainins..~ territory as a result of this proposal does hereby consent to the waiver of ~ p~ following the LAPCO hearing in accordance with Government Code Section 56663 (c) Ie (d) ~~~. ~o~ Date f'\Q.€.q\EF . Title ofRep~t:ative . In the c:tIBe of inhllbited (12 or more registmd f1Otm) or ll'Ilinhrll1ited city or district IlnnerJJ.trons or tlettldmtmts or both, 6 56663 (c) & (d) of Gor1unmtnt Coth 1Il10rDS for 'WtliTJer of protest proceedings if: 1. AI11andoWrln'$ bl ttretl 4gw.e in rvritingto pt'OpOSQl and 2. AU tagmcia losing or pining fI!rritfJty MW constftIed in writing to a giver of ptOtest proctedings and . 3. The etmzmission has p7'Ot1itlt.d written notice to AllTtgistmtt uoters tmd property oroners in tht 4/f!ctd. tmIl tmd no opposition is rectiottd from them prior to or . during the commission mBtting . If at the public hetning fhfn is t1f1POSiIitm txpresStd regarding t1rt propos.z or the Commission's intent to rLItiit1e proIat procst1dings, thm protest proc<<dirrgs TJJill be required. WaiveProll!slPonn.clCll: Apri121103 LOCAL AGENCY FORMA nON COMMISSION OF SANTA CLARA COUNTY County Government Center, 11th Floor, East Wing 70 West Hedding Street, San Jose, California 95110 . (408) 299-5127 (408) 295-1613 Fax CONSENT TO WAIVER OF PROTEST PROCEEDI~~GS This form must be completed by agencies losing or gaining territory if they desire that protest proceedings following a. LAFCO hearing be waived. DESIGNATED TITLE OF PROPOSAL: +- . Brief Description of proposa1:k~4-.j..~r\ ~ CLV"4...Ln kn4~ d..~ ~~t}YJ,. ~~.An~\~~ ~~ rm4-he. .. . ~~~of~~dlJ~ ~~7tt;L~. terrllory as a result of this proposal ~ ~ consent to the waiver of ~ . proceedings following the LAFCO hearing in accordance with Government ~ode Section 56663 (c) & (d) I/(~ Signature of Authorized Representative II-If-Df Date Director, B1virc:mmtal Resoorces Agen::.y Title of Representative In the case of inhabited (12 or more registered voters) or uninhabited city or district anneXlltions or detachments or both, 9 56663 (c) & (d) ofCovernment Code allows for waiver of protest proceedings if: 1. All landowners in area agree in writing to proposal and 2. All agencies losing or gaining territory have consented in writing to a waiver of protest proceedings and 3. The commission has provided written notice to all registered voters and property owners in the affected area .and no opposition is received from them prior to or during the commission meeting If at the public hearing there is opposition expressed regarding the proposal or the Commission's intent to waive protest proceedings, then protest proceedings will be required. WaiveProtestForm.doc April 2003 LOCAL AGENCY FORMATION COMMISSION OF SANTA CLARA COUNTY County Government Center, 11th Floor, East Wing 70 West Hedding Street, San Jose, California 95110 (408) 299-5U7 .(408) 295-1613 Fax CONSENT TO WAIVER OF PROTEST PROCEEDINGS This form must be completed by agencies losing or gaining territory if they desire that protest . proceedings following a LAFCO hearing be waived. DESIGNATED TITLE OF PROPOSAL: C-lct <;.<; i c<: a.+ . G1sT M..6uu-+- Brief Description of Proposal: ~~.()V\ of c.irbi n .lavd~ .ttf- ~~ rJo'Z-A-rt.~ ~ ~ilmer Proe.n-ue ~ -the. Co tur~ "f Sib\~ CLtlra .ft> ~ ((~.. e;+ ~p6~ I J The City/District of ~lTe-l \ (gaining) losing territory as a result of this proposal does hereby consent to the waiver of protest proceedings following the LAFCO hearing in accordance with Government Code Section 56663 (c) & (d) . , ~If~ Signature of Authorized Representative 12-C>~-oY Date . CommltYli1-tj ~l~Yl+ birecbY' Title of Representative - In the case of inhabited (12 or more registered voters) or uninhabited city or district annexations or detachments or both, S 56663 (c) & (d) of Government Code allows for waiver of protest. proceedings if: 1. All landowners in area agree in writing to proposal and 2. All agencies losing or gaining territory have consented in writing to a waiver of protest proceedings and . . 3. The commission has provided written notice to all registered voters and property owners in the affected area and no opposition is received from them prior to or during the commission meeting If at the public hearing there is opposition expressed regarding the proposal or the Commission's intent to waive protest proceedings, then protest proceedings will be required. .- WaiveProtestForm.doc April 2003 S.TATEOF CALIFORNIA-BUSINESS. TRANSPORTAl. IND HOUSING AGENCY ARNOLD Attachment #4 ~. . DEPARTMENT OF TRANSPORTATION 111 GRAND AVENUE -P. O. BOX 23440 AKLAND, CA 94623-0440 . HONE (510) 286-5400 FAX (510) 286-5482 November 16,2004 . RECEiVED , NO V 1 9 2004 CITY OF CAMPBELL PLANNING DEPT. Flex your power! Be energy efficient! Ms. Stephanie Wiilsey CommUnity Development Department City of Campbell 70 N. First Street Campbell, CA 95008 , Dear Ms. Willsey: As a representative of the property owner, the Department of Transportation (Department), I consent on behalf of the Department to the area being. considered for annexation by. the City of Campbell. The Department has no objections and waives the right to protest. Sincerely, /' R.A. MACPHERSON Deputy District Director Right of Way . Date: #P8~~ "Caltrans improves mobility across California" October 29. 201M Stephanie \Vinsey Comrituuity Development DepIraDent . City utCarnpbcU . 70 N. First Street C..-..pbel~ CA 95008 Dear Mt. Willsey: As a property OWJ1CJ" in the area beirla eonsidenld ror al'lneuliOd by ~ Ci~ ofClmpb,U. I ~nt 1;0 the 8I1IleQtioa. J have no objeotions and. waive my fight to prote8t. S~~~ PrintNamc: . NIhdt L -{ d Addre,s: 7i-ill -r-:...",oI='C ~ Due: II it I 'MIJ Cf SSt~ SGO/Zoa'4 1'8-! mOUMU 51113 , "n-.u~ 1Ilt11:21 "DZ-1D~. 11/0212004 11:22 FAX 408 436 36lUl B.T. COlDllerc1al October 29> 2004 Stephanie Willsey Community Development Department City of Campbell 70 N. First Street Campbell, CA 95008 Dear Ms. Willsey: As a property owner in the area being considered for annexation by the City of Campbel~ I consent to the annexation. I have no objections and waive my right to protest. Sincerely, S~~ G<a~ Print Name: Address: ~tt~1J'" G.~ewoQ~1'\b \...... ~ !:J't--\, Q~"". U=.4 C. A'Oo ~ \ C. ~ Date: ~\ \, \ 0 ~ ~002 November 23,2004 (~!!.J' iiTilnn CLASSIC COMMUNITIES Stephanie Willsey Community Development Department City of Campbell 70 N ~ First Street .. Campbell, CA 95008 Dear Ms. Willsey: RECEIVED DEe 0 1 CITY OF . .. 2004 PLANN/~AGMP8ELL . DEPr. . .. As a property owner in the area being considered for annexation by the City of Campbell, I consent on behalf of Classic Communities, Inc. to the annexation. I have no obj ections and waive my right to protest. Scott Ward Vi~e President . Classic Communities, Inc. Date: II. ]6' uLj om I06R EAST MEADOW CIRCLE. PALO AI:TO. CAUFORNIA 94303 TELEPHONE (650) 496-4496 FACSIMILE (650) 493-9050 o'i: .CAIl1 . :/.l~ t: {<' - r"" U r CAMPBELL ..\ :.. 1- " (, 0..... O~CH~\tO' - I CITY OF CAMPBELL ~j Community Development Department December 16, 2004 Scott Ward, VP Classic Communities, Inc. 1068 E. Meadow Circle Palo Alto, CA 94303 Re: PLN2004-70I7lI72/l69 -16201 & 16239 E. Mozart Avenue - Planned Development Dear Applicant: Please be advised that at its meeting of December 14, 2004, the Planning Commission took the following actions: 1. Adopted Resolution No. 3612 recommending that Council adopt a Mitigated Negative Declaration; 2. Adopted Resolution No. 3613 recommending that Council approve ~'campbell Annexation 2004-01" (Classics at East Mozart Avenue); 3. Adopted Resolution No. 3614 recommending that Council approve a Planned Development Permit to allow the construction of 24 single-family residences; 4. Adopted Resolution No. 3615 recommending that Council approve a Tentative Subdivision Map to subdivide the property into 24 residential lots and one common lot; and 5. Adopted Resolution No. 3616 recommending that Council approve a Tree Removal Permit to allow the removal of 13 protected trees on the above referenced property. This item will be considered by Council for final action at its meetings of January 18, 2005). If you have any questions, please do not hesitate to contact me at (408) 866-2140, Sincerely, 6~o.vtiL toi\~ Stephanie Willsey Planner I cc: Eric Morley, 99 Almaden Blvd., #720, San Jose, CA 95113 Larry Wallerstein for Chai Care, Inc., 1650 Technology Dr., #600, SJ 95110 Carman Trust, 16201 E. Mozart Avenue, Los Gatos, CA 95032 70 North First Street. Campbell, California 95008-1436 . TEL 408.866.2140, . FAX 408.871.5140 . TDD 408.866.2790 RESOLUTION NO. 3612 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING ADOPTION OF A MITIGATED NEGATIVE DECLARATION FOR THE PROJECT LOCATED AT 16201 & 16239 E. MOZART AVENUE. After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the Planning Commission did determine that the adoption of a Mitigated Negative Declaration is warranted based upon the following findings: 1. An Initial Study has been prepared for the Classics at East Mozart Avenue Project, which provides documentation for the factual basis for concluding that a Mitigated Negative Declaration may be adopted since no substantial evidence exists, in light of the whole record, that the project may have a significant effect on the environment. The project consists of the development of 24 new single-family homes and a private street. 2. The Mitigated Negative Declaration describes the reasons the Classics at East Mozart Avenue Project will not have a significant effect on the environment and therefore does not require the preparation of an Environmental Impact Report, pursuant to the California Environmental Quality Act (CEQA) Guidelines. 3. There are no responsible agencies or trustee agencies responsible for resources affected by the Classics at East Mozart Avenue Project. 4. The City of Campbell provided a Notice of Intent to adopt a Mitigated Negative Declaration to the public via the Campbell Express and the County Clerk in compliance with all requirements of the CEQA Guidelines. 5. The City of Campbell provided a 20-day public review period of the draft Mitigated Negative Declaration pursuant to the CEQA Guidelines. The 20-day public review period was between September 29, 2004 and October 18, 2004. Comments were received from the Valley Transportation Authority (VT A). 6. The mitigation measures identified in the Mitigated Negative Declaration are included as conditions of approval of the Planned Development Permit. 7. The Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: Planning Commission Resolution No. 3612 Recommending Adoption ofa Mitigated Negative Declaration-16201 & 16239 E. Mozart Ave. Page 2 1. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. 2. The Custodian of the Record for the Mitigated Negative Declaration and Initial Study is the City Clerk ofthe City of Campbell, located at 70 North First Street, Campbell, California. PASSED AND ADOPTED this 14th day of December, 2004, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Alderete, Doorley, Francois, Rocha and Roseberry None None Gibbons ATTEST: ~.. .~f) APPROVE . t, ~~ o eP.Doorley,Ch ~~ Sharon Fierro, Secretary RESOLUTION NO. 3613 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMMENDING APPROVAL OF THE REORGANIZATION OF TERRITORY DESIGNATED "CAMPBELL ANNEXATION 2004-01" (CLASSICS AT EAST MOZART AVENUE) BEING APROXIMATELY 16.902 ACRES (APN's 424-06-076, 424-06-106,424-06-108 AND 424-04-083). CITY INITIATED APPLICATION. FILE NO.: PLN2004- 169. After notification and public hearing, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application PLN2004-169: 1. The City Council of the City of Campbell has received a request for annexation of territory designated "Campbell Annexation 2004-01" (Classics at East Mozart Avenue) from the County of Santa Clara. 2. The property, 16.902::i:. acres on the north side of East Mozart Avenue between South Bascom Avenue and Highway 17 (APN's 424-06-076, 424-06-106, 424-06-108, and 424-04-083) is contiguous to the City of Campbell and is within its urban service area. 3. The following special districts would be affected by the proposed annexation: Central Fire District and the County Lighting District. 4. Annexation would provide for use of the City of Campbell services. 5. This territory was pre-zoned on December 2, 2004, to City of Campbell Pre-Zone P-D (planned Development). 6. The City of Campbell, as Lead Agency for environmental review for the reorganization, prepared an Initial Study and Mitigated Negative Declaration for the project in compliance with CEQA laws and guidelines. 7. The County Surveyor of Santa Clara County has found the map and description (Exhibits "A" and "B") to be in accordance with Government Code Section 56757, the boundaries to be definite and certain, and the proposal to be in compliance with LAFCO's road annexation policies. 8. As provided in Government Code Section 56757, the City Council of the City of Campbell shall be conducting authority for a reorganization including an annexation to the City. 9. Said territory is uninhabited and all owners of such land included in the proposal have consented to this annexation. Planning Commission Resolution No. 3613 Campbell Annexation 2004-01 Classics at East Mozart Avenue Page 2 10. Government Code Section 56663 (a) provides that if a petition for annexation is signed by all owners of land within the affected territory the City Council may approve or disapprove the annexation without public hearing. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval of the reorganization of territory designated "Campbell Annexation 2004-01" (Classics at East Mozart Avenue) being approximately 16.902 acres (APN's 424-06-076, 424-06-106, 424-06-108 and 424-04-083). PASSED AND ADOPTED this 14h day of December, 2004, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Alderete, Doorley, Francois, Rocha and Roseberry None None Gibbons ATTEST: APPROVED: 4/ ~, Geor g~f~ Sharon Fierro, Secretary RESOLUTION NO. 3614 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMMENDING APPROVAL OF A PLANNED DEVELOPMENT PERMIT (pLN2004-70) TO ALLOW THE CONSTRUCTION OF 24 NEW SINGLE-F AMIL Y RESIDENCES ON PROPERTIES OWNED BY CRAI CARE, INC., THE EDWARD AND ELEANOR CARMAN TRUST AND THE STATE OF CALIFORNIA LOCATED AT 16201 & 16239 E. MOZART AVENUE IN A PD (pLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. SCOTT WARD, ON BEHALF OF CLASSIC COMMUNITIES, INC. FILE NO.: PLN2004-70. After notification and public hearing, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application PLN2004-70: 1. The development of 24 single-family homes at a density of 5.7 units per gross acre is consistent with the Low Density Residential (less than 6 units per gross acre) General Plan Land Use Designation. 2. The zoning for the project site is P-D (planned Development). The proposed development of 24 single-family homes and a private street will be consistent with the P-D Zoning District with approval of a Planned Development Permit. 3. The project site is currently developed with two single-family homes, a greenhouse structure, and various structures associated with a former nursery business, however, a majority of the site is undeveloped land. The land uses surrounding the subject property are single-family residences to the north, south and east and Highway 17 to the west. 4. The plot plan proposes the development of 24 single-family homes on individual lots. Twenty three of the homes would take access from the private street and one would take access from Kilmer Avenue. 5. A ten-foot wide public pathway will be provided for pedestrians, bicycles and non-motorized vehicles from Kilmer Avenue to the existing Caltrans pedestrian/bicycle pathway adjacent to Highway 17. 6. The proposed residences range in size from 2,034 square feet to 2,110 square feet (not including the garage). 7. The applicant is proposing three separate floor plans (Plan #1, Plan #2, and Plan #3) with three exterior design variations for Plan #1 (Elevation A, B, and C) , two exterior design variations for Plan #2 (Elevation A and B) and one exterior design for Plan #3. Plan #3 will only be utilized on Lot 24 as this floor plan was customized to this specific lot. Planning Commission Re&\.~.Jtion No. 3614 PLN2004-70- 16201 & 16239 E. Mozart Avenue-Planned Development Permit Page 2 8. The project provides 48 covered garage spaces, 48 uncovered driveway spaces, and 19 private street parking spaces for a total of 115 parking spaces. The City's parking requirement for this development is 3.5 spaces per unit and the applicant is proposing 4.8 spaces per unit. 9. The average lot size in the development is 5,160 square feet, the average home size including the garage is 2,493 square feet, and the average floor area ratio is 0.48. 10. Each home has a front yard and rear yard area that would be for the exclusive recreational use of the individual home owners. The detention basin along the western side of the project site would be a shared landscaped open space area. 11. A Mitigated Negative Declaration has been prepared for this project concluding that there are no significant unmitigated impacts associated with this project, pursuant to the California Environmental Quality Act (CEQA). Based upon the foregoing findings of fact, the Planning Commission further fmds and concludes that: 1. The proposed development will result in a more desirable environment and use of the land than would be possible under any other zoning classification. 2. The development will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 3. The development will be compatible with the Zoning Code of the City. 4. The development will not result in allowing more residential units than would be allowed by other residential zoning districts, which are consistent with the General Plan designation of the property. 5. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 6. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. 7. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 8. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval of a Planned Development Permit (PLN2004-70) to allow the construction of 24 single-family residences on property owned by Chai Care, Inc., the Edward and Eleanor Carman Trust and the Planning Commission Resl...ttion No. 3614 PLN2004-70- 16201 & 16239 E. Mozart Avenue-Planned Development Permit Page 3 State of California located at 16201 & 16239 E. Mozart Avenue m a PD (planned Development) Zoning District. Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. COMMUNITY DEVELOPMENT DEPARTMENT Planning Division: 1. Approved Proiect: Approval is granted for a Planned Development Permit (PLN2004-70) to construct 24 single-family homes located at 16201 & 16239 E. Mozart Avenue. The building design and site design shall substantially conform to the project exhibits listed below, except as may be modified by the conditions of approval herein: a. Project plans prepared by Bassenian/Lagoni Architects and dated as received by the Planning Division on November 16, 2004, including a site plan, floor plans, building elevations. b. Preliminary Landscape Plan prepared by Gates and Associates and dated as received by the Planning Division on November 16, 2004. c. Color/material board submitted by Bassenian/Lagoni Architects. d. Tentative Subdivision Map and Preliminary Grading and Drainage Plan prepared by BKF Engineers and dated as received by the Planning Division on October 12, 2004. 2. Permit Expiration: The Planned Development Permit is valid for a period of two years from the date of final City Council approval. A building permit must be obtained within this two- year period or the Planned Development Permit shall be void. 3. Tentative Subdivision Map: The Planned Development Permit approval is contingent upon recordation of the Final Subdivision Map to divide the subject property. The Final Subdivision Map shall be recorded prior to the issuance of building permits. 4. Park Impact Fee: A park impact fee of $10,990 per unit is due upon development of the site. Based on the development of24 units, a total of $263,760 shall be paid to the City. Prior to recordation of the Final Subdivision Map, 75% of this fee is due. The remaining 25% is due prior to issuance of a certificate of building occupancy. 5. Covenants. Codes and Restrictions: The applicant shall submit a draft copy of the Covenants, Conditions and Restrictions (CC&R's) to the Planning Division for approval by the Community Development Director and City Attorney, prior to the recordation of the Final Subdivision Map, which provide for: a. Formation ofa Homeowner's Association; Planning Commission ResL_..ttion No. 3614 PLN2004-70- 16201 & 16239 E. Mozart Avenue-Planned Development Permit Page 4 b. Continued architectural controls to ensure the architectural integrity of the project; c. Definition of common areas to be maintained and provision of maintenance for these areas; d. Provision of a funding mechanism to ensure maintenance and upkeep of common areas; e. Provision to ensure on-going maintenance of the pedestrian/bicyc1e pathway; and f. Provision for the availability of interior garage space for the parking of vehicles at all times. 6. Landscape Plan: The applicant shall submit a final landscape and irrigation plan to the Planning Division, prior to the issuance of building permits, for review and approval by the Community Development Director. The landscape and irrigation plan shall substantially conform with the approved conceptual landscape plan and the City's Water Efficient Landscaping Standards (WELS) and shall include all replacement trees as required for the Tree Removal Permit (PLN2004-71). 7. Tree Protection Plan: The applicant shall submit a tree protection plan for all protected trees to be retained on site and shall contain specific information about the preservation of the trees during any grading or building on site. The tree protection plan shall be submitted to the Planning Division for review and approval by the Community Development Director prior to the issuance of building permits. Such tree protection measures shall be installed prior to any demolition, grading, or building on the project site. No construction or trenching shall take place within the drip line of trees and a fence constructed of temporary cyclone fencing or wire mesh securely attached to poles driven into the ground shall be installed around the drip line of the tree. All trimming or branch removal from protected trees shall be completed by a certified arborist. 8. Building Elevations. Details and Colors: The applicant shall submit detailed building elevations and exhibits depicting architectural details. The detailed elevations and exhibits shall be reviewed and approved by the Community Development Director prior to the issuance of building permits. 9. Modified Setbacks for Fire Dej)artment Requirements: The setbacks for Lot 13, Lot 14, and Lot 21 may be modified to accommodate an increase in the radius of the private and public cul-de-sacs to meet the Fire Department's minimum requirements. 10. Parking and Driveways: All parking and driveway areas shall be developed in compliance with Chapter 21.28 of the Campbell Municipal Code and the approved project plans. 11. Fences: Any newly proposed fencing and/or walls shall comply with Section 21.18.060 of the Campbell Municipal Code and shall be reviewed and approved by the Community Development Director prior to issuance of any building permits for the project. A revised fencing plan shall be submitted which reflects the following change: Planning Commission Reso. .1on No. 3614 PLN2004-70- 16201 & 16239 E. Mozart Avenue-Planned Development Permit Page 5 a. An eight-foot tall fence shall be constructed along the entire westerly property line of Lot 14 and Lot 24. The fence shall be continuous from grade to top, with no cracks or gaps in the surface, and shall have a minimum surface density of two pounds per square foot. 12. Property Maintenance: The property is to be maintained free of any combustible trash, debris and weeds until the time that actual construction commences. All existing structures shall be secured by having windows boarded up and doors sealed shut, or be demolished or removed from the property. 13. Utility Boxes and Back-Flow Preventers: Prior to the issuance of a building permit, the applicant shall indicate on the building permit plans the location and screening method of the PG&E transformers and San Jose Water Company back-flow preventers, where applicable, for approval by the Community Development Director. 14. On-site lighting: On-site lighting shall be shielded away from adjacent properties and directed on site. The design and type of lighting fixtures and lighting intensity of any proposed exterior lighting for the project shall be reviewed and approved by the Community Development Director prior to issuance of any building permits for the project. Lighting fixtures shall be of a decorative design to be compatible with the development and shall incorporate energy saving features. 15. Construction Mitigation Measures: The following practices should be followed during all phases of site preparation and construction activities: a. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00 p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take place on Sundays or holidays unless an exception is granted by the Building Official. b. All construction equipment with internal combustion engines used on the project site shall be properly muffled and maintained in good working condition. c. Unnecessary idling of internal combustion engines shall be strictly prohibited. d. All stationary noise-generating construction equipment, such as air compressors and portable power generators, shall be located as far as possible from noise-sensitive receptors such as existing residences and businesses. e. Prior to the issuance of building permits, the project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street so that the contractor can be made aware of noise complaints. 16. Pedestrian/Bicycle Pathway: The applicant shall provide a ten-foot wide public pathway for pedestrians, bicycles and non-motorized vehicles from the existing cul-de-sac at Kilmer Avenue to the existing Caltrans pedestrian/bicycle pathway adjacent to Highway 17. 17. Construction Staging Plan: Prior to the issuance of grading or building permits for the project, the applicant shall submit a site plan and narrative description indicating the location, length of time and details of construction staging. The construction staging plan shall be subject to review and approval by the Community Development Director and the Public Works Director. Planning Commission ResL _don No. 3614 PLN2004-70- 16201 & 16239 E. Mozart Avenue-Planned Development Permit Page 6 Building Division: 18. Permits Required: A building permit application shall be required for each proposed new living unit/structure. The building pennit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 19. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 20. Size of Plans: The size of construction plans submitted for building permits shall be 24 inches by 36 inches. 21. Plan Preparation: This project requires plans prepared under the direction and oversight of a California licensed Engineer or Architect. Plans submitted for building permits shall be "wet stamped" and signed by the qualifying professional person. 22. Soils Report: The applicant shall submit two copies of a current soils report containing foundation and retaining wall design recommendations, prepared to the satisfaction of the Building Official, with the building permit application. This report shall be prepared by a licensed engineer specializing in soils mechanics. 23. Windows: The project building plans shall incorporate construction-grade, dual-pane windows. The applicant shall utilize full window (glass and frame), assemblies that have been tested for sound rating, to the satisfaction of the Building Official. 24. Geotechnical Analysis: Prior to issuance of building permits for the project, a registered geotechnical engineer shall prepare a design-specific geotechnical analysis, and all recommendations of the analysis shall be incorporated into the project's final engineering design to minimize the damage from seismic shaking. The project sponsor shall use standard engineering techniques and conform to the requirements of the Uniform Building Code to reduce the potential for seismic damage and risk to future occupants. 25. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. Site plan shall also include site drainage details. 26. Foundation Inspections: A pad certificate prepared by a licensed civil engineer or land surveyor shall be submitted to the project building inspector upon foundation inspection. This certificate shall certify compliance with the recommendations as specified in the soils report and the building pad elevation and on-site retaining wall locations and elevations are prepared according to approved plans. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer for the following items: a. pad elevation b. finish floor elevation (first floor) c. foundation comer locations Planning Commission ReSL _.lOn No. 3614 PLN2004-70- 16201 & 16239 E. Mozart Avenue-Planned Development Permit Page 7 27. Title 24 Energy Compliance: California Title 24 Energy Compliance forms CF-IR and MF- 1R shall be blue-lined on the construction plans. 8% X 11 calculations shall be submitted as well. 28. Special Inspections: When a special inspection is required by D.B.C. Section 1701, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permits, in accordance with D.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 29. Non-Point Source Pollution Control: The City of Campbell standard Santa Clara Valley Non-point Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet (size 24 inches by 36 inches) is available at the Building Division service counter. 30. Project Approvals: The project requires the following agency approval prior to issuance of the building permit: a. West Valley Sanitation District (378-2407) b. Santa Clara County Fire Department (378-4010) c. Air Quality Management District (Demolitions Only) c. School District: i) Campbell Union School District (378-3405) ii) Campbell Union High School District (371-0960) iii) Moreland School District (379-1370) iv) Cambrian School District (377-2103) Note: To determine your district, contact the offices identified above. Obtain the School District payment form from the City Building Division, after the Division has approved the building permit application. 31. P.G. &E.: The applicant is advised to contact P.G. &E. as early as possible in the approval process. Service installations, changes and/or relocations may require substantial scheduling time and can cause significant delays in the approval process. The applicant should also consult with P.G. &E. concerning utility easements, distribution pole locations and required conductor clearances. 32. Construction Fencing: This project shall be properly enclosed with construction fencing to prevent unauthorized access to the site during construction. The construction site shall be secured to prevent vandalism and/or theft during hours when no work is being done. All protected trees shall be fenced to prevent damage to root systems. 33. Archaeological & Paleontological Resources: If archaeological or paleontological resources are encountered during excavation or construction, construction personnel shall be instructed to immediately suspend all activity in the immediate vicinity of the suspected resources and the City and a licensed archeologist or paleontologist shall be contacted to evaluate the situation. A licensed archeologist or paleontologist shall be retained to inspect the discovery ,- Planning Commission Res .don No. 3614 PLN2004-70- 16201 & 16239 E. Mozart Avenue-Planned Development Permit Page 8 and make any necessary recommendations to evaluate the find under current CEQA guidelines prior to the submittal of a resource mitigation plan and monitoring program to the City for review and approval prior to the continuation of anyon-site construction activity.' 34. Human Burial or Skeletal Element Discovery: In the event a human burial or skeletal element is identified during excavation or construction, work in that location shall stop immediately until the find can be properly treated. The City and the Santa Clara County Coroner's office shall be notified. If deemed prehistoric, the Coroner's office would notify the Native American Heritage Commission who would identify a "Most Likely Descendant (MLD)." The archeological consultant and MLD, in conjunction with the project sponsor, shall formulate an appropriate treatment plan for the find, which might include, but not be limited to, respectful scientific recording and removal, being left in place, removal and reburial on site, or elsewhere. Associated grave goods are to be treated in the same manner. 35. Short-term Air Quality Mitigation Measures: The following practices should be followed during all phases of site preparation and construction activities: a. Use dust-proof chutes for loading construction debris onto trucks. b. Water or cover stockpiles of debris, soil, and other materials that can be blown by the wind. c. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard. d. Sweep daily (with water sweepers) all paved access roads, parking areas, and staging areas at the construction site. e. Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets, as directed by the City Engineer. f. Enclose, cover, water twice daily or, or apply (non-toxic) soil stabilizers to exposed stockpiles (dirt, sand, etc.). g. Install erosion control measures to prevent runoff from the project site. PUBLIC WORKS DEPARTMENT 36. Final Map: Prior to issuance of any grading or building permits for the project, the applicant shall submit a final map for review by the City and recordation, upon approval by the City Council. The current plan check fee is $3,200.00 plus $35 per lot. 37. Preliminary Title Report: Upon submittal of the final map, the applicant shall provide a current Preliminary Title Report. 38. Public Service Easement: Upon recordation of the final map, the applicant shall grant a 10- foot public service easement on private property contiguous with the public right-of-way along the East Mozart Avenue frontage. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 39. Right-of-Way for Public Street Pm:poses: Upon recordation of the final map, the applicant shall cause additional right-of-way to be granted for public street purposes along the East -.- Planning Commission Res\. _don No. 3614 PLN2004-70- 16201 & 16239 E. Mozart A venu~Planned Development Permit Page 9 Mozart Avenue frontage to accommodate a 30-foot half street width. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 40. Right of Way for Pedestrian Pathway/Access: Upon recordation of the final map, the applicant shall dedicate a ten-foot (10) wide public access pathway as a public service easement (PSE) for pedestrian, bicycle, and non-motorized vehicle access from the existing cul-de-sac at Kilmer A venue, through Parcel A as shown on the Tentative Map dated 08/13/04 by BKF Engineers, to the existing Caltrans pedestrian pathway adjacent to the proposed private cul-de-sac. Access shall be handicap accessible. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 41. Pedestrian Pathway Maintenance Agreement: Prior to recordation of the final map, the applicant shall sign a maintenance agreement for the pedestrian pathway. The agreement will require the owner(s) and/or Home Owner Association to maintain the pedestrian pathway in accordance with maintenance specifications set forth by the City. 42. Private Easements: Upon recordation of the final map, the applicant shall cause private easements to be recorded for private utilities, private storm drains, reciprocal ingress and egress, emergency vehicles, etc. 43. Monumentation for Final Map: Prior to recordation of the final map, the applicant shall provide security for setting all monuments shown on the map. 44. Occupancv: Prior to allowing occupancy for any and/or all buildings, the applicant shall have the required street improvements installed and accepted by the City. 45. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer cleanout(s) shall be relocated or installed on private property behind the public right-of-way line. 46. Soils Report: Prior to issuance of any grading or building permits for the site, applicant shall provide a soils report prepared by a registered geotechnical or civil engineer. 47. Utilities: All on-site utilities shall be installed underground per Section 21.18.140 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companIes. 48. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities. The plan shall clearly show the location and size of all existing utilities and the associated main lines; indicate which utilities and services are to remain; which utilities and services are to be abandoned, and where new utilities and services will be installed. Joint trenches for new utilities shall be used whenever possible. .-. Planning Commission Res, _~ion No. 3614 PLN2004-70- 16201 & 16239 E. Mozart Avenue-Planned Development Permit Page 10 49. Pavement Restoration: Based on the utility coordination plan, the applicant shall prepare a pavement restoration plan for approval by the City Engineer prior to any utility installation or abandonment. Streets that have been resurfaced within the previous five years will require boring and jacking for all new utility installations. East Mozart Avenue, Kilmer Avenue and Longfellow have not been resurfaced in the last 5 years. The pavement restoration plan shall indicate how the street pavement shall be restored following the installation or abandonment of all utilities necessary for the project. 50. Grading and Drainage Plan: Prior to issuance of any grading or building permits for the site, the applicant shall conduct hydrology studies based on a ten-year storm frequency, prepare an engineered grading and drainage plan, and pay fees required to obtain necessary grading permits. The plans shall comply with the 1998 edition of the California Building Code including Chapters 10, 11, 18,33, and Appendix Chapter 33. 51. Storm Drain Area Fee: Prior to recordation of the final map, the applicant shall pay the required Storm Drain Area fee of$2,060.00 per net acre, which is $8,178.00. 52. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding stormwater pollution prevention. Specifically the project must include source control, site design and treatment measures to achieve compliance with Provision C.3. of the NPDES Permit. Measures may include, but are not limited to, minimization of impervious surface area, vegetated swales, infiltration areas, and treatment devices. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay. Resources to achieve these objectives include Storm water Best Management Practices Handbook for New Development and Redevelopment ("CA BMP Handbook") by the California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for Storm water Quality Protection ("Start at the Source") by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for Storm water Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. 53. State Construction General Permit: Prior to issuance of any grading or building permits, the applicant shall comply with the State Construction General Permit requirements including paying fees, filing a Notice of Intent, and providing a Stonn Water Pollution Prevention Plan (SWPPP). The applicant shall submit a copy of the SWPPP to the City prior to issuance of any grading or building permits. 54. Covenants. Conditions. and Restrictions: Provide copies of CC&R's for review by the City prior to recordation of the final map and CC&R's. 55. Demolition: Prior to recording of the final map the applicant shall obtain a demolition permit and remove any nonconforming structures. --. Planning Commission Res,- _..cion No. 3614 PLN2004-70- 16201 & 16239 E. Mozart AvenutrPlanned Development Permit Page 11 56. Street and Pedestrian Pathway Improvements: Prior to recordation of the final map, the applicant shall execute a street improvement agreement, cause plans for public street and pathway improvements to be prepared by a registered civil engineer, pay various fees and deposits, post security and provide insurance necessary to obtain an encroachment permit for construction by the applicant of the standard public street and pathway improvements, as required by the City Engineer. The plans shall include the following: East Mozart Avenue a. Installation of a cuI-de -sac per City requirements on East Mozart Avenue. b. Installation of City standard curb, gutter, sidewalk and ADA compliant curb ramps on East Mozart Avenue. c. Reconstruction of street structural pavement section to centerline, or as required by the City Engineer. d. Installation of street trees and irrigation at 40 feet on center along East Mozart Avenue. e. Installation of City standard benchmarks as required by the City Engineer. f. Installation of monument wells as required by the City Engineer. g. Installation of streetlights, conduits, conductors and related facilities in accordance with the City of Campbell's Street Lighting Policies along East Mozart Avenue. h. Installation of storm drain facilities on East Mozart Avenue and connection to existing facilities. 1. Installation of traffic control, stripes and signs as necessary. J. Construction of conforms to existing public and private improvements, as necessary. Kilmer A venue/Longfellow Drive a. Installation of ADA compliant driveway approach. b. Installation of streetlights, conduits, conductors and related facilities in accordance with the City of Campbell's Street Lighting Policies. c. Installation of traffic control, stripes and signs as necessary. d. Construction of conforms to existing public and private improvements, as necessary. Pedestrian Pathway/Access a. Installation of a concrete pedestrian pathway from Kilmer A venue/Longfellow Avenue cul-de-sac to the Caltrans pedestrian pathway. The pathway shall be designed and constructed to be ADA compliant. The pathway shall also be designed and constructed per City requirements and shall include appropriate drainage, lighting, and signage. b. Topography of the area indicating all above and below ground utilities and other facilities. c. Grading and drainage plan for the construction of the pathway. d. Signage plan indicating access to the pathway. e. Construction details for the concrete pathway, lighting and utilities relocation if necessary. Planning Commission Res... _..don No. 3614 PLN2004-70- 16201 & 16239 E. Mozart Avenue-Planned Development Permit Page 12 FIRE DEPARTMENT 57. Formal Plan Review: Review of this development proposal is limited to accessibility of site access and water supply as they pertain to fire department operations, and shall mot be construed as a substitute for formal plan review to determine compliance with adopted model codes. Prior to performing any work the applicant shall make application to, and receive from, the Building Division all applicable construction permits. 58. Required Fire Flow: The fire flow for this project is 1,000 gpm at 20 psi residual pressure. The required fire flow is available from area water mains and fire hydrants which are spaced at the required spacing. 59. Fire Hydrant(s) Required: Provide two fire hydrants at locations to be determined by the Fire Department and San Jose Water Company. Hydrant(s) shall have a minimum single flow of 1,000 GPM at 20 psi residual, with spacing not to exceed 500 feet. Prior to applying for building permit, provide civil drawings reflecting all fire hydrants serving the site. To prevent building permit delays, the developer shall pay all required fees to the water company as soon as possible. The preliminary locations of the fire hydrants are at Lots 14/ 15 and Lots 2/3. 60. Fire Lane Marking Required: Provide markings for all roadways within the project. Markings shall be per Fire Department specifications. Installations shall also conform to Local Government Standards and Fire Department Standard Details and Specifications A-6. 61. Parking Along Roadways: The required width of fire access roadways shall not be obstructed in any manner and parking shall not be allowed along roadways les than 28 feet in width. Parking may be permitted alone one side of roadways 28-35 feet in width. For roadways equal to or greater than 36 feet, parking will be allowed on both sides of the roadway. Roadway widths shall be measured curb to curb, with parking space based on an eight foot width. There shall be no parking along the driveway leading to Lot 19 and Lot 20 to maintain adequate fire access. 62. Timing of Required Water Supplv Installations: Installation of required fire service(s) and fire hydrant(s) shall be tested and accepted by the Fire Department prior to the start of framing or delivery of bulk combustible materials. Building permit issuance may be withheld until installations required installations are completed, tested and accepted. 63. Fire Hydrant Location Identifier: Prior to project final inspection, the general contractor shall ensure that an approved "blue dot" fire hydrant location identifier has been placed in the roadway, as directed by the Fire Department. 64. Fire Apparatus (Engine) Access Roads Required: Provide access roadways with a paved all weather surface, a minimum unobstructed width of 20 feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 36 feet outside and 23 feet inside. Cul-de-sac diameters shall be no less than 72 feet. Installations shall conform to Local Government Standards and Fire Department Standard Details and Specifications. Planning Commission Resolution No. 3614 PLN2004-70- 16201 & 16239 E. Mozart Avenue-Planned Development Permit Page 13 65. Timing of Required Roadway Installations: Required access roads, up through first lift of asphalt, shall be installed and accepted by the Fire Department prior to the start of construction. Bulk combustible materials shall not be delivered to the site until installation so complete. During construction, emergency access roads shall be maintained clear and unimpeded. Building permit issuance may be withheld until such installations are completed. 66. Premises Identification: Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their backgrounds. WEST VALLEY SANITATION DISTRICT 67. Sanitary Sewer Alignment: Sanitary sewer service is available from an existing eight-inch sanitary sewer main that runs from East Mozart Avenue, along the westerly side of the property and into the sewer system in Longwood Avenue. Based on the information provided on the tentative subdivision map, the district recommends that the developer install a new eight-inch sewer line connecting the East Mozart Avenue line to the Longwood Avenue sewer system. 68. Fees and Bonding Requirements: The developer is required to pay all applicable fees, including plan check fees, inspection deposits and connection fees, as well as post a sewer improvement bond (100% of the estimated sewer construction cost) for the district's approval of the sewer improvement plan. 69. Final Clearance: The district will issue a sewer connection permit for each lot as final clearance for the developer to obtain the building permit upon completion of the new sewer system. The cost of the connection permit is estimated at $350 for each lot. PASSED AND ADOPTED this 14th day of December, 2004, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Alderete, Doorley, Francois, Rocha and Roseberry None None Gibbons ATTEST: dkl~ . Sharon Fierro, Secretary RESOLUTION NO. 3615 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECO~ENDING APPROVAL OF A TENTATrvE SUBDIVISION MAP (PLN2004-72) TO SUBDIVIDE THE SUBJECT PROPERTIES INTO 24 RESIDENTIAL LOTS WITH ONE COMMON LOT ON PROPERTIES OWNED BY CHAI CARE, INC., THE EDWARD AND ELEANOR CARMAN TRUST AND THE STATE OF CALIFORNIA LOCATED AT 16201 & 16239 E. MOZART AVENUE IN A PD (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. SCOTT WARD, ON BEHALF OF CLASSIC COMMUNITIES, INC. FILE NO.: PLN2004-72. After notification and public hearing, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application PLN2004-72: 1. The creation of 24 residential lots and one common lot is consistent with the Low Density Residential (less than 6 units per gross acre) General Plan Land Use Designation. 2. The maximum density allowed under the General Plan is less than 6 units per gross acre and the project would result in 5.7 units per gross acre. 3. The Tentative Subdivision Map is consistent with the P-D (planned Development) Zoning District. 4. The proposed project includes provisions for access to natural air and light for all of the units. 5. The provisions of the Covenants, Conditions and Restrictions are necessary to ensure the long-term property maintenance and continued architectural integrity of the project. 6. The Tentative Subdivision Map has been distributed to local agencies, including Pacific Gas and Electric, West Valley Sanitation District, Santa Clara Valley Transportation Authority and the Santa Clara Valley Water District. None of these agencies raised any concerns about providing services to the proposed lots. 7. A Mitigated Negative Declaration has been prepared for this project concluding that there are no significant unmitigated impacts associated with this project, pursuant to the California Environmental Quality Act (CEQA). Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The Tentative Subdivision Map is consistent with the General Plan and Zoning Ordinance of the City. Planning Commission Resl;.wdon No. 3615 PLN2004-72 -16201 & 16239 E. Mozart Avenue - Tentative Subdivision Map Page 2 2. The Tentative Subdivision Map does not impair the balance between the housing needs of the region and the public service needs of its residents and available fiscal and environmental resources. 3. The design of the Tentative Subdivision Map provides, to the extent feasible, for future passive or natural heating and cooling opportunities. 4. The development and uses will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 5. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. 6. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 7. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval of a Tentative Subdivision Map (PLN2004-72) to subdivide the subject properties into 24 residential lots and one common lot on properties owned by Chai Care, Inc., the Edward and Eleanor Carman Trust and the State of California located at 16201 & 16239 E. Mozart Avenue in a P-D (PLANNED DEVELOPMENT) Zoning District. Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. COMMUNITY DEVELOPMENT DEPARTMENT Planning Division: 1. Approved Proiect: Approval is granted for a Tentative Subdivision Map (PLN2004-72) to create 24 residential lots and one common lot located at 16201 & 16239 E. Mozart Avenue. The subdivision design shall substantially conform to the project exhibits listed below, except as may be modified by the conditions of approval herein: a. Tentative Subdivision Map prepared by BKF Engineers and dated as received by the Planning Division on October 12, 2004. Planning Commission Re~,-...tion No. 3615 PLN2004-72 -16201 & 16239 E. Mozart Avenue - Tentative Subdivision Map Page 3 b. Preliminary Grading and Drainage Plan prepared by BKF Engineers and dates as received by the Planning Division on October 12, 2004. 2. Approval Expiration: The Tentative Subdivision Map approval is valid for a period of two years from the date of final City Council approval unless an extension is granted prior to the expiration date. 3. Tentative Subdivision Map: The Planned Development Permit approval is contingent upon recordation of the Final Subdivision Map to divide the subject property. The Final Subdivision Map shall be recorded prior to the issuance of building permits. 4. Park Impact Fee: A park impact fee of $10,990 per unit is due upon development of the site. Based on the development of 24 units, a total of $263,760 shall be paid to the City. Prior to recordation of the Final Subdivision Map, 75% of this fee is due. The remaining 25% is due prior to issuance of a certificate of building occupancy. 5. Covenants. Codes and Restrictions: The applicant shall submit a draft copy of the Covenants, Conditions and Restrictions (CC&R's) to the Planning Division for approval by the Community Development Director and City Attorney, prior to the recordation of the Final Subdivision Map, which provide for: a. Formation ofa Homeowner's Association; b. Continued architectural controls to ensure the architectural integrity of the project; c. Definition of common areas to be maintained and provision of maintenance for these areas; d. Provision of a funding mechanism to ensure maintenance and upkeep of common areas; e. Provision to ensure on-going maintenance of the pedestrian/bicycle pathway; and f. Provision for the availability of interior garage space for the parking of vehicles at all times. 6. Demolition of Structures: Prior to recordation of the Final Map the applicant shall obtain a building permit for the demolition of all non-conforming structures. 7. Property Maintenance: The property is to be maintained free of any combustible trash, debris and weeds until the time that actual construction commences. All existing structures shall be secured by having windows boarded up and doors sealed shut, or be demolished or removed from the property. PUBLIC WORKS DEPARTMENT 8. Final Map: Prior to issuance of any grading or building pennits for the project, the applicant shall submit a final map for review by the City and recordation, upon approval by the City Council. The current plan check fee is $3,200.00 plus $35 per lot. Planning Commission Res\...&o.ltion No. 3615 PLN2004-72 -16201 & 16239 E. Mozart Avenue - Tentative Subdivision Map Page 4 9. Preliminary Title Report: Upon submittal of the final map, the applicant shall provide a current Preliminary Title Report. 10. Public Service Easement: Upon recordation of the final map, the applicant shall grant a 10- foot public service easement on private property contiguous with the public right-of-way along the East Mozart Avenue frontage. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 11. Right-of-Way for Public Street Purposes: Upon recordation of the final map, the applicant shall cause additional right-of-way to be granted for public street purposes along the East Mozart Avenue frontage to accommodate a 30-foot half street width. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 12. Right of Way for Pedestrian Pathwav/Access: Upon recordation of the final map, the applicant shall dedicate a ten-foot (10) wide public access pathway as a public service easement (PSE) for pedestrian, bicycle, and non-motorized vehicle access from the existing cul-de-sac at Kilmer Avenue, through Parcel A as shown on the Tentative Map dated 08/13/04 by BKF Engineers, to the existing Caltrans pedestrian pathway adjacent to the proposed private cul-de-sac. Access shall be handicap accessible. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 13. Pedestrian Pathway Maintenance Agreement: Prior to recordation of the final map, the applicant shall sign a maintenance agreement for the pedestrian pathway. The agreement will require the owner(s) and/or Home Owner Association to maintain the pedestrian pathway in accordance with maintenance specifications set forth by the City. 14. Private Easements: Upon recordation of the final map, the applicant shall cause private easements to be recorded for private utilities, private storm drains, reciprocal ingress and egress, emergency vehicles, etc. 15. Monumentation for Final Map: Prior to recordation of the final map, the applicant shall provide security for setting all monuments shown on the map. 16. Occupancy: Prior to allowing occupancy for any and/or all buildings, the applicant shall have the required street improvements installed and accepted by the City. 17. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer cleanout(s) shall be relocated or installed on private property behind the public right-of-way line. 18. Soils Report: Prior to issuance of any grading or building permits for the site, applicant shall provide a soils report prepared by a registered geotechnical or civil engineer. Planning Commission Res\....cion No. 3615 PLN2004-72 - 16201 & 16239 E. Mozart Avenue - Tentative Subdivision Map Page 5 19. Utilities: All on-site utilities shall be installed underground per Section 21.18.140 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companIes. 20. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities. The plan shall clearly show the location and size of all existing utilities and the associated main lines; indicate which utilities and services are to remain; which utilities and services are to be abandoned, and where new utilities and services will be installed. Joint trenches for new utilities shall be used whenever possible. 21. Pavement Restoration: Based on the utility coordination plan, the applicant shall prepare a pavement restoration plan for approval by the City Engineer prior to any utility installation or abandonment. Streets that have been resurfaced within the previous five years will require boring and jacking for all new utility installations. East Mozart Avenue, Kilmer Avenue and Longfellow have not been resurfaced in the last 5 years. The pavement restoration plan shall indicate how the street pavement shall be restored following the installation or abandonment of all utilities necessary for the project. 22. Grading and Drainage Plan: Prior to issuance of any grading or building permits for the site, the applicant shall conduct hydrology studies based on a ten-year storm frequency, prepare an engineered grading and drainage plan, and pay fees required to obtain necessary grading permits. The plans shall comply with the 1998 edition of the California Building Code including Chapters 10, 11, 18,33, and Appendix Chapter 33. 23. Storm Drain Area Fee: Prior to recordation of the final map, the applicant shall pay the required Storm Drain Area fee of $2,060.00 per net acre, which is $8,178.00. 24. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding stormwater pollution prevention. Specifically the project must include source control, site design and treatment measures to achieve compliance with Provision C.3. of the NPDES Permit. Measures may include, but are not limited to, minimization of impervious surface area, vegetated swales, infiltration areas, and treatment devices. The primary objectives are to improve the quality and reduce the quantity of storm water runoff to the bay. Resources to achieve these objectives include Storm water Best Management Practices Handbook for New Development and Redevelopment ("CA BMP Handbook") by the California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for Storm water Quality Protection ("Start at the Source") by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for Storm water Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. Planning Commission Resl,u.1tion No. 3615 PLN2004-72 -16201 & 16239 E. Mozart Avenue - Tentative Subdivision Map Page 6 25. State Construction General Permit: Prior to issuance of any grading or building permits, the applicant shall comply with the State Construction General Permit requirements including paying fees, filing a Notice of Intent, and providing a Storm Water Pollution Prevention Plan (SWPPP). The applicant shall submit a copy of the SWPPP to the City prior to issuance of any grading or building permits. 26. Covenants. Conditions. and Restrictions: Provide copies of CC&R's for review by the City prior to recordation of the final map and CC&R's. 27. Demolition: Prior to recording ofthe final map the applicant shall obtain a demolition permit and remove any nonconforming structures. 28. Street and Pedestrian Pathway Improvements: Prior to recordation of the final map, the applicant shall execute a street improvement agreement, cause plans for public street and pathway improvements to be prepared by a registered civil engineer, pay various fees and deposits, post security and provide insurance necessary to obtain an encroachment permit for construction by the applicant of the standard public street and pathway improvements, as required by the City Engineer. The plans shall include the following: East Mozart Avenue a. Installation of a cuI-de -sac per City requirements on East Mozart Avenue. b. Installation of City standard curb, gutter, sidewalk and ADA compliant curb ramps on East Mozart Avenue. c. Reconstruction of street structural pavement section to centerline, or as required by the City Engineer. d. Installation of street trees and irrigation at 40 feet on center along East Mozart Avenue. e. Installation of City standard benchmarks as required by the City Engineer. f. Installation of monument wells as required by the City Engineer. g. Installation of streetlights, conduits, conductors and related facilities in accordance with the City of Campbell's Street Lighting Policies along East Mozart Avenue. h. Installation of storm drain facilities on East Mozart Avenue and connection to existing facilities. 1. Installation of traffic control, stripes and signs as necessary. J. Construction of conforms to existing public and private improvements, as necessary. Kilmer Avenue/Longfellow Drive a. Installation of ADA compliant driveway approach. b. Installation of streetlights, conduits, conductors and related facilities in accordance with the City of Campbell's Street Lighting Policies. c. Installation of traffic control, stripes and signs as necessary. d. Construction of conforms to existing public and private improvements, as necessary. Planning Commission Resolution No. 3615 PLN2004-72 -16201 & 16239 E. Mozart Avenue - Tentative Subdivision Map Page 7 Pedestrian Pathway/Access a. Installation of a concrete pedestrian pathway from Kilmer AvenuelLongfellow Avenue cul-de-sac to the Caltrans pedestrian pathway. The pathway shall be designed and constructed to be ADA compliant. The pathway shall also be designed and constructed per City requirements and shall include appropriate drainage, lighting, and signage. b. Topography of the area indicating all above and below ground utilities and other facilities. c. Grading and drainage plan for the construction of the pathway. d. Signage plan indicating access to the pathway. e. Construction details for the concrete pathway, lighting and utilities relocation if necessary. PASSED AND ADOPTED this 14th day of December, 2004, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Alderete, Doorley, Francois Rocha and Roseberry None None Gibbons ATTEST: ~ y~ , Sharon Fierro, Secretary - RESOLUTION NO. 3616 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMMENDING APPROVAL OF A TREE REMOVAL PERMIT (PLN2004-71) TO ALLOW THE REMOVAL OF 13 PROTECTED TREES ON PROPERTIES OWNED BY CHAI CARE, INC., THE EDWARD AND ELEANOR CARMAN TRUST AND THE STATE OF CALIFORNIA LOCATED AT 16201 & 16239 E. MOZART AVENUE IN A PD (pLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. SCOTT WARD, ON BEHALF OF CLASSIC COMMUNITIES, INC. FILE NO.: PLN2004-71. After notification and public hearing, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application PLN2004-71: 1. The proposed Tree Removal Permit is consistent with the Low Density Residential (less than 6 units per gross acre) General Plan Land Use Designation and P-D (planned Development) Zoning District. 2. The project will include the removal of 13 protected trees because they would prohibit the construction of the 24 new single-family homes and a private street. 3. The thirteen 24-inch box replacement trees are consistent with the tree replacement requirements of the Tree Protection Regulations. 4. The proposed replacement trees will be a sufficient replacement for the trees to be removed and will continue the diversity of tree species found in the community. 5. A Mitigated Negative Declaration has been prepared for this project concluding that there are no significant unmitigated impacts associated with this project, pursuant to the California Environmental Quality Act (CEQA). Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The retention of the trees restricts the economic enjoyment of the property and creates an unusual hardship for the property owner by severely limiting the use of the property in a manner not typically experienced by owners of similarly zoned and situated properties, and the applicant has demonstrated to the satisfaction of the Planning Commission that there are no reasonable alternatives to preserve the trees. 2. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. Planning Commission Resolution No. 3616 PLN2004-71-16201 & 16239 E. Mozart Avenue-Tree Removal Permit Page 2 3. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval of a Tree Removal Permit (PLN2004-71) to allow the removal of 13 protected trees on properties owned by Chai Care, Inc., the Edward and Eleanor Cannan Trust and the State of California located at 16201 & 16239 E. Mozart Avenue in a P-D (planned Development) Zoning District. Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that helshe is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. COMMUNITY DEVELOPMENT DEPARTMENT Planning Division: 1. Approved Proiect: Approval is granted for a Tree Removal Permit (pLN2004-71) to remove 13 protected trees located at 16201 & 16239 East Mozart Avenue. The Tree Removal Permit shall only be valid in conjunction with an approved Planned Development Permit (pLN2004- 70). 2. Re,placement of Removed Trees: The applicant shall provide thirteen 24-inch box replacement trees for the protected trees to be removed as part of the development. 3. Landscape Plan: The applicant shall submit a final landscape and irrigation plan to the Planning Division, prior to the issuance of building permits, for review and approval by the Community Development Director. The landscape and irrigation plan shall substantially conform with the approved conceptual landscape plan and the City's Water Efficient Landscaping Standards (WELS) and shall include all replacement trees as required for the Tree Removal Permit. PASSED AND ADOPTED this 14th day of December, 2004, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Alderete, Doorley, Francois, Rocha and Roseberry None None Gibbons ATTEST: 4iiMY1Y~ Sharon Fierro, Secretary ~~.O~ .CA.1,P<9 t: <;. U r- o 0 ... ... 1-.. ~ . (. OotCH^"O. PLN2004-169 (ANN) PLN2004-70 (PD) PLN2004-71 (TRP) PLN2004-72 (TSM) Ward, S. -. ITEM NO.1 CITY OF CAMPBELL' PLANNING COMMISSION Staff Report . December 14, 2004 Public Hearing to consider the application of Mr. Scott Ward, on behalf of Classic Communities, Inc., for an Annexation (PLN2004-169) of approximately 16.902 acres including the subject properties and adjacent roadways, a Planned Development Permit (PLN2004-70) to allow the construction of 24 single-family homes; a Tree Removal Permit (PLN2004- 71) to allow the removal of 13 protected trees; and a Tentative Subdivision Map (PLN2004-72) to subdivide the subject properties into 24 residential lots and one common lot on properties owned by Chai Care, Inc., the Edward and Eleanor Carman Trust and the State of California, located at 16201 & 16239 E. Mozart Avenue in the P-D (planned Development) Zoning District. STAFF RECOMMENDATION That the Planning Commission takes the following actions: 1. Adopt a Resolution, incorporating the attached findings, recommending that the City Council adopt a Mitigated Negative Declaration for the Classics at East Mozart Avenue Project. 2. Adopt a Resolution, incorporating the attached findings, recommending that the City Council approve the reorganization of territory designated "Campbell Annexation 2004-0 I " (Classics at East Mozart Avenue), being approximately 16.902 acres (APN's 424-06-076, 424-06-106, 424-06-108, 424-04-083). , 3. Adopt a Resolution, incorporating the attached findings, recommending that the City Council approve a Planned Development Permit to allow the construction of24 single-family homes, subject to the attached conditions of approval. 4. Adopt a Resolution, incorporating the attached findings, recommending that the City Council approve a Tentative Subdivision Map to create 24 residential lots and one common lot, subject to the attached conditions of approval. 5. Adopt a Resolution, incorporating the attached findings, recommending that the City Council approve a Tree Removal Permit to remove 13 protected trees, subject to the attached conditions of approval. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act (CEQA), the City conducted an Initial Study for this project. The results of the study determined that no significant impacts would be created as a result of this project. Based upon the information provided in the Initial Study, staff recommends that the Planning Commission recommend that the City Council adopt the Mitigated Negative Declaration prepared for this project. The Initial Study and Mitigated ,_.., Staff Report - Planning C.H1unission Meeting of December 14,200'1' PLN2004-70/71172/169 -16201 & 16239 E. Mozart Avenue .~.~~~..??..f..2.......................................................................................................................................n........................................................................................................................................................ Negative Declaration are attachment to this report (Attachment #12). The mitigation measures identified in the Mitigated Negative Declaration are included as conditions of approval for the project. The 20-day public review period was between September 29, 2004 and October 18, 2004. Comments were received from the Valley Transportation Authority (VT A) and are attached to this report (Attachment #13). PROJECT DATA Gross Lot Area: Net Lot Area: Project Density: 4.2 acres 184,248 square feet 3.9 acres 172,938 square feet 5.7 units per gross acre Average Lot Size: Average Home Size (including garage): Average Lot Coverage: Average Floor Area Ratio (FAR): 5,160 square feet 2,493 square feet 36% 0.48 Site Utilization (Entire Project - Net Lot Area): Building Coverage: 21 % Landscape Coverage: 57% Paving Coverage: 22% Range of Setback Dimensions: Front Yard (Residence): 11 ft.-20 ft. Front Yard (Garage): 20 ft.-47 ft. Rear Yard: 19 ft.-36 ft. Side Yards: 5 ft-8 ft. Parking: 115 parking spaces (48 covered, 48 uncovered, 19 private on street) Provided: 4.8 spaces per unit Required: 3.5 spaces per unit #1 2,034 s.f. 414 s.f. 62 s.f. 2,448 s.f. 24 ft.-II 16 m. #2 2,110 s.f. 426 s.f. 748.f. 2,536 8.f. 24 ft.- 7 8 in. #3 2,102 s.f. 392 s.f. 93 s.f. 2,494 s.f. 13 ft.- 1 9 in. ...... Staff Report - Planning CVlilDlission Meeting of December 14, 200..,. PLN2004-70171172/169 -16201 & 16239 E. Mozart Avenue .~.~~~..~..?.!...~................................................................................................................................................................................................................................................................................................. Adjacent Land Uses: North: Single Family Residences South: Single Family Residences East: Single Family Residences West: Highway 17 DISCUSSION Applicant's Proposal: The applicant is requesting approval of an annexation of approximately 16.902 acres including the subject properties and adjacent roadways, a Planned Development Permit to allow the construction of 24 single-family homes, a Tree Removal Permit to allow the removal of 13 protected trees, and a Tentative Subdivision Map to subdivide the subject properties into 24 residential lots and one common lot located at 16201 & 16239 East Mozart Avenue. Background: The City Council and Planning Commission both reviewed this project at separate study sessions on September 7, 2004 (City Council) and September 14, 2004 (Planning Commission). The City Council was generally supportive of the project concept as presented. The Planning Commission was also supportive of the project concept with the following recommendations/requests: · Provide a separation between the driveways located on Lot 6, Lot 7 and Lot 8; · Provide decorative garage doors; · Depict the elevated pedestrian bridge on the elevation for Lot 24; · That a minimum 15- foot front setback be provided for all units as measured from the porch columns; · That the applicant consider reducing the total number of units; and · That a comparison between the proposed development and other similar developments in the City be provided. The applicant addressed all of the comments/requests that the Planning Commission had at the study session on September 14,2004 either through a study of the issue or a change to the plans. A comparison between the proposed project and the Chamberlin Homes development as well as the Cherry Blossom development (pulte Homes) has been provided in Attachment #14. This comparison demonstrates that the setbacks from building wall to building wall for the proposed project is similar to the setbacks of the Chamberlin Homes development The City Council approved a Pre-Zoning Classification Change in November which changed the pre-zoning designation of the project site from R-1-6 (Single-Family Residential) to P-D (Planned Development). A city sponsored neighborhood meeting was held on September 20, 2004. Approximately 14 residents and other interested persons attended the meeting. Concerns expressed at the meeting included: · Traffic impacts on East Mozart Avenue; · East Mozart Avenue/South Bascom Avenue intersection and turning restrictions; Staff Report - Planning C~&lm1ission Meeting of December 14,200... PLN2004-70/71/72/169 -16201 & 16239 E. Mozart Avenue .~.~~~..~..?~..?.................................................................................................................................................................................................................................................................................................. · Cut through traffic for the existing office building at the end of East Mozart Avenue; · How drainage and sewer service will be provided to the new homes; and · Rear yard setbacks of the proposed homes and how they will interface with the yards of the existing adjacent homes. Propertv Description: The project site is located within an unincorporated county pocket located on the southern border of the City between South Bascom Avenue and Highway 17. The project site is comprised of four parcels for a combined area of 3.9 acres. Three of the parcels front on East Mozart Avenue and the fourth parcel fronts on Kilmer Avenue. The project site is currently developed with two single-family homes, a greenhouse structure, and various structures associated with a former nursery business, however, a majority of the site is undeveloped land. The land uses surrounding the subject property are single-family residences to the north, south and east and Highway 17 to the west. ANALYSIS Annexation: Campbell has two pockets of unincorporated land that are in the City's Sphere of Influence, as determined by LAFCO. One pocket is east of Leigh Avenue, south of East Hamilton Avenue. The other pocket is located along the southerly portion of the City's boundary between Highway 17 and White Oaks Road and South Bascom Avenue (see Attachment #17) The County actively supports the annexation of unincorporated land within cities' spheres of influence and has been encouraging cities to accelerate their county pocket annexation efforts. The county supports the annexation of unincorporated land because it implements countywide policies that urban development belongs within cities as they can better provide urban services to their residents. Cities are the units of government primarily responsible for planning and providing services and facilities to urban development while by comparison counties exist primarily to provide various health services, human services, and law and justice services. Annexation decisions used to be made by LAFCO (Local Agency Formation Commission), which is a state mandated local agency set up to oversee the boundaries of cities and special districts. The State Legislature has enacted recent laws that allow most city annexations and reorganizations (including annexations and detachments) in Santa Clara County to qualify for a "city-conducted" annexation process. Such proposals are not heard by LAFCO, but by the City Council of the appropriate City. After the City Council decision, the city files the paperwork for finalization of the proposal with LAFCO staff. The City Council would be the approval authority for this proposed annexation and development project. The reorganization of territory designated "Campbell Annexation 2004-01" (Classics at East Mozart Avenue) encompasses approximately 16.902 acres. Approximately four acres of this is the project site and the rest of the area is portions of Highway 17, Highway 85, and South Bascom Avenue. These areas are required to be annexed as part of this project to meet the County's road annexation policies. The attached Exhibit "A" and "B" (Attachment #11) is the map and legal descriptions for the proposed annexation. Staff Report - Planning ClJ.mnission Meeting of December 14,200... PLN2004-70/71/72/169 -16201 & 16239 E. Mozart Avenue .~.~~~..:?...~.f..2........................................m..mmmmm.mm.mmmmmm....m....m.............................................................................................m............................................m...............m............................ The Central Fire District and the County Lighting District are the special districts that would be affected by the proposed annexation and both have submitted signed consent forms regarding the annexation to the City. The County Surveyor's Office as well as the County Assessor's Office have prepared reports which certify that the boundaries of the annexation are definite and certain, the proposal is in compliance with the road annexation policies, and that the annexation does not split any lines of assessment. General Plan Designation: The General Plan land use designation for the project site is Low Density Residential (less than 6 units per gross acre). The proposed residential project would be developed at a density of 5.7 units per gross acre, which is within the density range allowed for the site. The proposed project is consistent with the following Strategies and Policies of the City's General Plan: Strategy LUT-5.2a: Neighborhood Compatibility: Promote new residential development and substantial additions that are designed to maintain and support the existing character and development pattern of the surrounding neighborhood, especially in historic neighborhoods and neighborhoods with consistent design characteristics. Strategy LUT -6.2b: Annexation of Unincorporated Areas: Pursue annexation of unincorporated areas within the City's Sphere of Influence, where appropriate. Policy LUT-9.3: Design and Planning Compatibility: Promote high quality, creative design and site planning that is compatible with surrounding development, public spaces, and natural resources. Strategy LUT -11.1 d: Bicycle and Pedestrian Connections in Development: Encourage new or redeveloping projects to provide logical bicycle and pedestrian connections on site, between parking areas, buildings, and street sidewalks and to existing or planned public right-of-way facilities and encourage pedestrian passages between street-front sidewalks and rear-lot parking areas. Ensure that the bicycle and pedestrian connections interface safely. Pre-Zoning Designation: The current pre-zoning designation for the project site is P-D (Planned Development). Pre-zoning determines the zoning that would apply to an unincorporated property when the property is annexed into the City. The P-D Zoning District is intended to provide a degree of flexibility which is not available in other zones to allow developments that are more consistent with site characteristics while creating an optimum quantity and use of open space and good site design. The project site design is utilizing the benefits of the P-D Zoning district by providing a private street, a stormwater detention facility/open space buffer between Highway 17 and the proposed homes, and a pedestrian/bicycle pathway from Kilmer A venue to the existing public pedestrian/bicycle pathway that goes across Highway 17 to the Los Gatos County Creek Park. After annexation, Staff Report - Planning CUl1unission Meeting of December 14, 200~ PLN2004-70/71/72/169 -16201 & 16239 E. Mozart Avenue .~.~~~..~..~.f...?................................................................................................................................................................................................................................................................................................. the proposed project will be consistent with the P-D Zoning District with approval of a Planned Development Permit. Tentative Subdivision Map: The Tentative Subdivision Map would subdivide the entire subject property into 24 residential lots and one common lot for the private street, stormwater detention facility/open space buffer, and public pedestrian/bicycle pathway. A new "L" shaped private street would be created with an entrance/exit on East Mozart Avenue and a cul-de-sac near the Highway 17 sound wall. There would be no vehicular access to Longfellow Road and Kilmer Avenue from East Mozart Avenue or the private street. Twenty three of the lots would take access from the new private street and one lot would take access from Kilmer Avenue. A ten-foot wide public pathway will be provided for pedestrians, bicycles and non-motorized vehicles from Kilmer Avenue to the existing Caltrans pedestrian/bicycle pathway adjacent to Highway 17. The common lot for the development would be owned in common by the residents and maintained by the Homeowners Association that would be formed for the development. To ensure the proper maintenance and upkeep of the development, a condition of approval has been added that requires that the applicant submit a draft copy of the Covenants, Conditions and Restrictions (CC&R's) prior to recordation of the Final Subdivision Map which provide at mInImum: a. Formation of a Homeowner's Association; b. Continued architectural controls to ensure the architectural integrity ofthe project; c. Definition of common areas to be maintained and provision of maintenance for these areas; d. Provision of a funding mechanism to ensure maintenance and upkeep of common areas; e. Provision to ensure on-going maintenance of the public pedestrian/bicycle pathway; f. Provision for the availability of interior garage space for the parking of vehicles at all times. Street Improvements: The new 52-foot wide private street has been designed to meet City street standards. It consists of a 36- foot paved width, curbs, detached sidewalk with street trees, and parking on both sides of the street. The street dead ends into a cul-de-sac near the Highway 17 sound wall. While private streets are not required to meet City public street standards, the applicant is proposing to install these improvements to provide a traditional single-family residential street for the future residents of the project. The street improvements on East Mozart Avenue along the project frontage will be constructed to City standards. Site Lavout & Architecture: The plot plan proposes the development of 24 single-family homes on individual lots. The proposed residences range in size from 2,034 square feet to 2,110 square feet (not including the garage). The applicant is proposing three separate floor plans (plan #1, Plan #2, and Plan #3) with three exterior design variations for Plan #1 (Elevation A, B, and C) , Staff Report - Planning Cvurmission Meeting of December 14, 200't PLN2004-70/71/72/169 -16201 & 16239 E. Mozart Avenue .~.~~~..?.?..(2................................................................................................................................................................................................................................................................................................. two exterior design variations for Plan #2 (Elevation A and B) and one exterior design for Plan #3. Plan #3 will only be utilized on Lot 24 as this floor plan was customized to this specific lot. Plan #1: This plan is a two-story, Craftsman style design with dormers and large gabled roof forms. Each elevation provides a covered front porch with decorative porch pillars. The two car garages are recessed 10 feet from the front porch building line to minimize its dominance on the front elevation. Horizontal siding and shingles are utilized as exterior building materials and a mixture of stone veneer and brick veneer are used as accents on the walls and porch pillars. The proposed roof material is an asphalt composition shingle in a variety of colors to match the exterior color pallet. Variations to the architectural elements, exterior building materials, dormers, and roof forms provide distinction between each of the three elevation variations. Plan #2: This plan is a traditional, two story design with simple hipped and gabled roof forms. Both elevations utilize a covered front porch with decorative porch pillars. The two-car garage is recessed six feet from the front porch building line. Horizontal siding and shingles are utilized as exterior building materials and a mixture of stone veneer and brick veneer are used as accents on the porch pillars. The proposed roof material is an asphalt composition shingle in a variety of colors to match the exterior color pallet. Variations to the architectural elements, exterior building materials, front porches, and roof forms provide distinction between each of the two elevation variations. Plan #3: This plan is a one story design with a single-story detached garage. The home is oriented along Kilmer Avenue with a defined front porch and entranceway. A mixture of horizontal siding and shingles are utilized as the exterior building materials and asphalt composition shingles are proposed as the roof material. Staff finds that the proposed design of, the homes utilize quality building materials and are compatible in terms of scale and architecture with the existing surrounding residential neighborhood. Parking: The project provides 48 covered garage spaces, 48 uncovered driveway spaces, and 19 private on-street parking spaces for a total of 115 parking spaces. The City's parking requirement for this development is 3.5 spaces per unit and the applicant is proposing 4.8 spaces per unit. Traffic: A traffic report was prepared by Fehr & Peers Transportation Consultants for the proposed project and is included in this report as Attachment #16. The traffic report provides a trip generation analysis, site access evaluation, and a speed survey on East Mozart Avenue. The traffic report concluded that the proposed project would add less than 20 AM or PM peak hour trips to East Mozart Avenue which is considered less than significant and requires no traffic mitigation. Access to South Bascom Avenue is only possible by a right turn off of East Mozart Avenue. People who want to go north on South Bascom Avenue from East Mozart Avenue are required to turn right and make a U-turn at the first light, which is the intersection of South Bascom Avenue and the Highway 85 on-ramp. The traffic report analyzed possible changes to this situation and found that changes to this intersection or the traffic light would result in detrimental effects to the Staff Report - Planning Clullmission Meeting of December 14,200... PLN2004-70/71/72/169 -16201 & 16239 E. Mozart Avenue .~.~~~..~..?.!..2................................................................................................................................................................................................................................................................................................. Highway 85 on and off ramps and result in costs that are exorbitant due to the relatively small size of the proposed project and negligible amount of trips generated by the project. The traffic report also addressed reported cut-through traffic through the parking lot of the existing office building at the end of East Mozart Avenue, which is signed as an exit only driveway. Based upon traffic counts, it was concluded that a small number of vehicles from East Mozart Avenue are cutting through the parking lot. The traffic report identified possible changes to the parking lot to attempt to reduce the small amount of cut through traffic, but due to the negligible amount of traffic that was identified, none of the mitigation measures were incorporated into the project as conditions of approval. Open Space: Each home has a front yard and rear yard area that would be for the exclusive recreational use of the individual home owners. The detention basin along the western side of the project site would be a shared landscaped open space area. LandscapinglTree Removal: The project will include the removal of 13 protected trees to accommodate the construction of the 24 new single-family homes and a private street. The project includes an application for a Tree Removal Permit and contains a landscaping plan, consistent with the City's Tree Protection Regulations, to replace all protected trees proposed to be removed. The applicant has obtained an arborist report from a certified arborist which evaluates all the trees. These trees are described in the following table: Tree Common Name Trunk Condition No. Diameter 1 = Excellent/ (inches) 5 =Poor 1 Edible Fig 18" 5 2 Blue Atlas Cedar 15" 1 3 Deodor Cedar 14" 1 4 Almond 17" 5 5 Japanese Maple 12" 1 6 Blue Atlas Cedar 14" 1 7 Incense Cedar 12" 3 8 Incense Cedar 12" 3 9 Italian Stone Pine 15" 5 10 California Pepper 24" 2 11 Coast Live Oak 24" 2 12 Coast Live Oak 15" 1 13 Coast Redwood 15" 4 The conceptual landscape plan indicates the 13 required 24-inch box replacement trees as well as additional trees on site. The conceptual landscape plan also indicates new landscaping in the front yards of each home, the street side yards of Lot 1 and Lot 21 along East Mozart Avenue, landscaping in the common areas including the detention basin and along the pedestrian trail, and new street trees in the detached sidewalk of the private street. Staff is recommending a condition of approval which requires the applicant to submit a detailed final landscape plan, prior to the issuance of building permits, for review and approval by the Community Development Director. Staff Report - Planning C\J.~rmission Meeting of December 14, 200<t PLN2004-70/71/72/169 -16201 & 16239 E. Mozart Avenue .~.~~~..?..?..f...?.................................................................................................................................................................................................................................................................................................. New, six-foot, wood fences will be provided throughout the project. The fences that share property lines with the existing adjacent home owners will be replaced as necessary depending on the condition of the fence and impact on the existing neighbors, as determined by the Community Development Director. An eight-foot tall fence will be required to be constructed along the entire westerly property line of Lot 14 and Lot 24 to mitigate noise impacts to these properties, as identified in the Initial Study and made a mitigation measure in the Mitigated Negative Declaration. Site and Architectural Review Committee: The Site and Architectural Review Committee (SARC) reviewed this project at their meeting on October 26, 2004. SARC was supportive of the project as proposed and had no recommended changes. Attachments: 1. Recommended Finding for adoption of the Mitigated Negative Declaration 2. Recommended Findings for PLN2004-169 (Annexation) 3. Recommended Findings for PLN2004-70 (planned Development Permit) 4. Recommended Findings for PLN2004-71 (Tree Removal Permit) 5. Recommended Findings for PLN2004-72 (Tentative Subdivision Map) 6. Conditions of Approval for PLN2004-70 (Planned Development Permit) 7. Conditions of Approval for PLN2004-71 (Tree Removal Permit) 8. Conditions of Approval for PLN2004-72 (Tentative Subdivision Map) 9. Project Plans (Site Plan, Floor Plans, Building Elevations, and Landscape Plan) 10. Tentative Subdivision Map and Preliminary Grading and Drainage Plan 11. Exhibit "A" and "B" for Reorganization of Territory 12. Initial Study/Draft Mitigated Negative Declaration 13. Comments from VTA for the Initial Study/Draft Mitigated Negative Declaration 14. Project Comparison Sheet 15. Project Description from the Applicant 16. Traffic Report Prepared by Fehr & Peers Transportation Consultants 17. County Pocket Map 18. Location Map Prepared by: Approved by: Attachment # 1 RECOMMENDED FINDINGS FOR ADOPTION OF A MITIGATED NEGATIVE DECLARATION FOR THE CLASSICS AT EAST MOZART AVENUE PROJECT SITE ADDRESS: APPLICANT: P.C. MEETING: 16201 & 16239 E. Mozart Avenue Scott Ward on behalf of Classic Communities, Inc. December 14, 2004 Findings recommending that the City Council adopt a Mitigated Negative Declaration for the Classics at East Mozart Avenue Proiect located at 16201 & 16239 E. Mozart Avenue. The Planning Commission finds as follows with regard to the Mitigated Negative Declaration: 1. An Initial Study has been prepared for the Classics at East Mozart Avenue Project, which provides documentation for the factual basis for concluding that a Mitigated Negative Declaration may be adopted since no substantial evidence exists, in light of the whole record, that the project may have a significant effect on the environment. The project consists of the development of24 new single-family homes and a private street. 2. The Mitigated Negative Declaration describes the reasons the Classics at East Mozart Avenue Project will not have a significant effect on the environment and therefore does not require the preparation of an Environmental Impact Report, pursuant to the California Environmental Quality Act (CEQA) Guidelines. 3. There are no responsible agencies or trustee agencies responsible for resources affected by the Classics at East Mozart Avenue Project. 4. The City of Campbell provided a Notice of Intent to adopt a Mitigated Negative Declaration to the public via the Campbell Express and the County Clerk in compliance with all requirements of the CEQA Guidelines. 5. The City of Campbell provided a 20-day public review period of the draft Mitigated Negative Declaration pursuant to the CEQA Guidelines. The 20-day public review period was between September 29, 2004 and October 18, 2004. Comments were received from the Valley Transportation Authority (VT A). 6. The mitigation measures identified in the Mitigated Negative Declaration are included as conditions of approval of the Planned Development Permit. 7. The Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: Attachment # I Page 2 of2 1. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. 2. The Custodian of the Record for the Mitigated Negative Declaration and Initial Study is the City Clerk of the City of Campbell, located at 70 North First Street, Campbell, California. Attachment # 2 RECOMMENDED FINDINGS FOR PLN2004-169 (ANNEXATION) SITE ADDRESS: APPLICANT: P.C. MEETING: 16201 & 16239 E. Mozart Avenue Scott Ward on behalf of Classic Communities, Inc. December 14, 2004 Findings recommending that the Citv Council approve the reorganization of territory designated "Campbell Annexation 2004-01" (Classics at East Mozart Avenue). being approximately 16.902 acres located at 16201 & 16239 E. Mozart Avenue. The Planning Commission finds and concludes with regard to File No. PLN2004-169: 1. The City Council of the City of Campbell has received a request for annexation of territory designated "Campbell Annexation 2004-01" (Classics at East Mozart Avenue) from the County of Santa Clara. 2. The property, 16.902:1:: acres on the north side of East Mozart Avenue between South Bascom Avenue and Highway 17 (APN's 424-06-076, 424-06-106, 424-06-108, 424-04-083) is contiguous to the City of Campbell and is within its urban service area. 3. The following special districts would be affected by the proposed annexation: Central Fire District and the County Lighting District. 4. Annexation would provide for use of the City of Campbell services. 5. This territory was pre-zoned on December 2, 2004, to City of Campbell Pre-Zone P-D (planned Development). 6. The City of Campbell, as Lead Agency for environmental review for the reorganization, prepared an Initial Study and Mitigated Negative Declaration for the project in compliance with CEQA laws and guidelines. 7. The County Surveyor of Santa Clara County has found the map and description (Exhibits "A" and "B") to be in accordance with Government Code Section 56757, the boundaries to be definite and certain, and the proposal to be in compliance with LAFCO's road annexation policies. 8. As provided in Government Code Section 56757, the City Council of the City of Campbell shall be conducting authority for a reorganization including an annexation to the City. 9. Said territory is uninhabited and all owners of such land included in the proposal have consented to this annexation. 10. Government Code Section 56663 (a) provides that if a petition for annexation is signed by all owners of land within the affected territory the City Council may approve or disapprove the annexation without public hearing. Attachment #3 RECOMMENDED FINDINGS FOR PLN2004-70 (PLANNED DEVELOPMENT PERMIT) SITE ADDRESS: APPLICANT: P.C. MEETING: 16201 & 16239 E. Mozart Avenue Scott Ward on behalf of Classic Communities, Inc. December 14, 2004 Findings recommending that the City Council approve a Planned Development Permit to allow the construction of24 single-family homes located at 16201 & 16239 E. Mozart Avenue. The Planning Commission finds as follows with regard to File No. PLN2004-70: 1. The development of 24 single-family homes at a density of 5.7 units per gross acre is consistent with the Low Density Residential (less than 6 units per gross acre) General Plan Land Use Designation. 2. The zoning for the project site is P-D (Planned Development). The proposed development of 24 single-family homes and a private street will be consistent with the P-D Zoning District with approval of a Planned Development Permit. 3. The project site is currently developed with two single-family homes, a greenhouse structure, and various structures associated with a former nursery business, however, a majority of the site is undeveloped land. The land uses surrounding the subject property are single-family residences to the north, south and east and Highway 17 to the west. 4. The plot plan proposes the development of 24 single-family homes on individual lots. Twenty three of the homes would take access from the private street and one would take access from Kilmer Avenue. 5. A ten-foot wide public pathway will be provided for pedestrians, bicycles and non-motorized vehicles from Kilmer Avenue to the existing Caltrans pedestrian/bicycle pathway adjacent to Highway 17. 6. The proposed residences range in size from 2,034 square feet to 2,110 square feet (not including the garage). 7. The applicant is proposing three separate floor plans (Plan #1, Plan #2, and Plan #3) with three exterior design variations for Plan #1 (Elevation A, B, and C) , two exterior design variations for Plan #2 (Elevation A and B) and one exterior design for Plan #3. Plan #3 will only be utilized on Lot 24 as this floor plan was customized to this specific lot. 8. The project provides 48 covered garage spaces, 48 uncovered driveway spaces, and 19 private street parking spaces for a total of 115 parking spaces. The City's parking requirement for this development is 3.5 spaces per unit and the applicant is proposing 4.8 spaces per unit. 9. The average lot size in the development is 5,160 square feet, the average home size including the garage is 2,493 square feet, and the average floor area ratio is 0.48. ...-.-, Attachment #3 Page 2 of2 10. Each home has a front yard and rear yard area that would be for the exclusive recreational use of the individual home owners. The detention basin along the western side of the project site would be a shared landscaped open space area. 11. A Mitigated Negative Declaration has been prepared for this project concluding that there are no significant unmitigated impacts associated with this project, pursuant to the California Environmental Quality Act (CEQA). Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed development will result in a more desirable environment and use of the land than would be possible under any other zoning classification. 2. The development will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 3. The development will be compatible with the Zoning Code of the City. 4. The development will not result in allowing more residential units than would be allowed by other residential zoning districts, which are consistent with the General Plan designation of the property. 5. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 6. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts ofthe project. 7. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 8. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. Attachment #4 RECOMMENDED FINDINGS FOR PLN2004-71 (TREE REMOVAL PERMIT) SITE ADDRESS: APPLICANT: P.C. MEETING: 16201 & 16239 E. Mozart Avenue Scott Ward on behalf of Classic Communities, Inc. December 14, 2004 Findings recommending that the City Council approve a Tree Removal Permit to allow the removal of 13 protected trees in coni unction with a development proiect located at 16201 & 16239 E. Mozart Avenue. The Planning Commission finds as follows with regard to File No. PLN2004-71: 1. The proposed Tree Removal Permit is consistent with the Low Density Residential (less than 6 units per gross acre) General Plan Land Use Designation and P-D (planned Development) Zoning District. 2. The project will include the removal of 13 protected trees because they would prohibit the construction of the 24 new single-family homes and a private street. 3. The thirteen 24-inch box replacement trees are consistent with the tree replacement requirements of the Tree Protection Regulations. 4. The proposed replacement trees will be a sufficient replacement for the trees to be removed and will continue the diversity oftree species found in the community. 5. A Mitigated Negative Declaration has been prepared for this project concluding that there are no significant unmitigated impacts associated with this project, pursuant to the California Environmental Quality Act (CEQA). Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The retention of the trees restricts the economic enjoyment of the property and creates an unusual hardship for the property owner by severely limiting the use of the property in a manner not typically experienced by owners of similarly zoned and situated properties, and the applicant has demonstrated to the satisfaction of the Planning Commission that there are no reasonable alternatives to preserve the trees. 2. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. 3. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. Attachment #5 RECOMMENDED FINDINGS FOR PLN2004-72 (TENTATIVE SUBDIVISION MAP) SITE ADDRESS: APPLICANT: P.C. MEETING: 16201 & 16239 E. Mozart Avenue Scott Ward on behalf of Classic Communities, Inc. December 14, 2004 Findings recommending that the City Council approve a Tentative Subdivision Map to subdivide the subject properties into 24 residential lots and one common lot located at 16201 & 16239 E. Mozart Avenue. The Planning Commission finds as follows with regard to File No. PLN2004-72: 1. The creation of 24 residential lots and one common lot is consistent with the Low Density Residential (less than 6 units per gross acre) General Plan Land Use Designation. 2. The maximum density allowed under the General Plan is less than 6 units per gross acre and the project would result in 5.7 units per gross acre. 3. The Tentative Subdivision Map is consistent with the P-D (planned Development) Zoning District. 4. The proposed project includes provisions for access to natural air and light for all of the units. 5. The provisions of the Covenants, Conditions and Restrictions are necessary to ensure the long-term property maintenance and continued architectural integrity of the project. 6. The Tentative Subdivision Map has been distributed to local agencies, including Pacific Gas and Electric, West Valley Sanitation District, Santa Clara Valley Transportation Authority and the Santa Clara Valley Water District. None of these agencies raised any concerns about providing services to the proposed lots. 7. A Mitigated Negative Declaration has been prepared for this project concluding that there are no significant unmitigated impacts associated with this project, pursuant to the California Environmental Quality Act (CEQA). Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The Tentative Subdivision Map is consistent with the General Plan and Zoning Ordinance of the City. 2. The Tentative Subdivision Map does not impair the balance between the housing needs ofthe region and the public service needs of its residents and available fiscal and environmental resources. 3. The design of the Tentative Subdivision Map provides, to the extent feasible, for future passive or natural heating and cooling opportunities. Attachment #5 Page 2 of2 4. The development and uses will be compatible with the General Plan of the City and will aid in the hannonious development of the immediate area. 5. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. 6. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 7. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. Attachment #6 RECOMMENDED CONDITIONS OF APPROVAL FOR PLN2004-70 (PLANNED DEVELOPMENT PERMIT) SITE ADDRESS: APPLICANT: P.C. MEETING: 16201 & 16239 E. Mozart Avenue Scott Ward on behalf of Classic Communities, Inc. December 14, 2004 The applicant is hereby notified, as part of this application, that (s) he is required to meet the following conditions in accordance with the ordinances of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney, or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations, and accepted engineering practices, for the items under review. Additionally, the applicant is hereby notified that (s) he is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertains to this development and are not herein specified: COMMUNITY DEVELOPMENT DEPARTMENT Planning Division: 1. Approved Project: Approval is granted for a Planned Development Permit (PLN2004-70) to construct 24 single-family homes located at 16201 & 16239 E. Mozart Avenue. The building design and site design shall substantially conform to the project exhibits listed below, except as may be modified by the conditions of approval herein: a. Project plans prepared by Bassenian/Lagoni Architects and dated as received by the Planning Division on November 16, 2004, including a site plan, floor plans, building elevations. b. Preliminary Landscape Plan prepared by Gates and Associates and dated as received by the Planning Division on November 16, 2004. c. Color/material board submitted by Bassenian/Lagoni Architects. d. Tentative Subdivision Map and Preliminary Grading and Drainage Plan prepared by BKF Engineers and dated as received by the Planning Division on October 12, 2004. 2. Permit Expiration: The Planned Development Permit is valid for a period of two years from the date of final City Council approval. A building permit must be obtained within this two- year period or the Planned Development Permit shall be void. 3. Tentative Subdivision Map: The Planned Development Permit approval is contingent upon recordation of the Final Subdivision Map to divide the subject property. The Final Subdivision Map shall be recorded prior to the issuance of building permits. 4. Park Impact Fee: A park impact fee of $10,990 per unit is due upon development of the site. Based on the development of24 units, a total of $263,760 shall be paid to the City. Prior to recordation of the Final Subdivision Map, 75% of this fee is due. The remaining 25% is due prior to issuance of a certificate of building occupancy. Attachment #6 Page 2 of 11 5. Covenants. Codes and Restrictions: The applicant shall submit a draft copy of the Covenants, Conditions and Restrictions (CC&R's) to the Planning Division for approval by the Community Development Director and City Attorney, prior to the recordation of the Final Subdivision Map, which provide for: a. Formation ofa Homeowner's Association; b. Continued architectural controls to ensure the architectural integrity ofthe project; c. Definition of common areas to be maintained and provision of maintenance for these areas; d. Provision of a funding mechanism to ensure maintenance and upkeep of common areas; e. Provision to ensure on-going maintenance of the pedestrian/bicycle pathway; and f. Provision for the availability of interior garage space for the parking of vehicles at all times. 6. Landscape Plan: The applicant shall submit a final landscape and irrigation plan to the Planning Division, prior to the issuance of building permits, for review and approval by the Community Development Director. The landscape and irrigation plan shall substantially conform with the approved conceptual landscape plan and the City's Water Efficient Landscaping Standards (WELS) and shall include all replacement trees as required for the Tree Removal Permit (pLN2004-71). 7. Tree Protection Plan: The applicant shall submit a tree protection plan for all protected trees to be retained on site and shall contain specific information about the preservation of the trees during any grading or building on site. The tree protection plan shall be submitted to the Planning Division for review and approval by the Community Development Director prior to the issuance of building permits. Such tree protection measures shall be installed prior to any demolition, grading, or building on the project site. No construction or trenching shall take place within the drip line of trees and a fence constructed of temporary cyclone fencing or wire mesh securely attached to poles driven into the ground shall be installed around the drip line of the tree. All trimming or branch removal from protected trees shall be completed by a certified arborist. 8. Building Elevations. Details and Colors: The applicant shall submit detailed building elevations and exhibits depicting architectural details. The detailed elevations and exhibits shall be reviewed and approved by the Community Development Director prior to the issuance of building permits. 9. Modified Setbacks for Fire Department Requirements: The setbacks for Lot 13, Lot 14, and Lot 21 may be modified to accommodate an increase in the radius of the private and public cul-de-sacs to meet the Fire Department's minimwn requirements. 10. Parking and Drivewavs: All parking and driveway areas shall be developed in compliance with Chapter 21.28 of the Campbell Municipal Code and the approved project plans. 11. Fences: Any newly proposed fencing and/or walls shall comply with Section 21.18.060 of the Campbell Municipal Code and shall be reviewed and approved by the Community Attachment #6 Page 3 of 11 Development Director prior to issuance of any building permits for the project. A revised fencing plan shall be submitted which reflects the following change: a. An eight-foot tall fence shall be constructed along the entire westerly property line of Lot 14 and Lot 24. The fence shall be continuous from grade to top, with no cracks or gaps in the surface, and shall have a minimum surface density of two pounds per square foot. 12. Property Maintenance: The property is to be maintained free of any combustible trash, debris and weeds until the time that actual construction commences. All existing structures shall be secured by having windows boarded up and doors sealed shut, or be demolished or removed from the property. 13. Utility Boxes and Back-Flow Preventers: Prior to the issuance of a building permit, the applicant shall indicate on the building permit plans the location and screening method of the PG&E transformers and San Jose Water Company back-flow preventers, where applicable, for approval by the Community Development Director. 14. On-site lighting: On-site lighting shall be shielded away from adjacent properties and directed on site. The design and type of lighting fixtures and lighting intensity of any proposed exterior lighting for the project shall be reviewed and approved by the Community Development Director prior to issuance of any building permits for the project. Lighting fixtures shall be of a decorative design to be compatible with the development and shall incorporate energy saving features. 15. Construction Mitigation Measures: The following practices should be followed during all phases of site preparation and construction activities: a. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00 p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take place on Sundays or holidays unless an exception is granted by the Building Official. b. All construction equipment with internal combustion engines used on the project site shall be properly muffled and maintained in good working condition. c. Unnecessary idling of internal combustion engines shall be strictly prohibited. d. All stationary noise-generating construction equipment, such as air compressors and portable power generators, shall be located as far as possible from noise-sensitive receptors such as existing residences and businesses. e. Prior to the issuance of building permits, the project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street so that the contractor can be made aware of noise complaints. 16. Pedestrian/Bicycle Pathway: The applicant shall provide a ten-foot wide public pathway for pedestrians, bicycles and non-motorized vehicles from the existing cul-de-sac at Kilmer Avenue to the existing Caltrans pedestrian/bicycle pathway adjacent to Highway 17. 17. Construction Staging Plan: Prior to the issuance of grading or building permits for the project, the applicant shall submit a site plan and narrative description indicating the location, length of time and details of construction staging. The construction staging plan shall be Attachment #6 Page 4 of 11 subject to review and approval by the Community Development Director and the Public Works Director. Building Division: 18. Permits Required: A building permit application shall be required for each proposed new living unit/structure. The building permit shall include Electrical/PlumbinglMechanical fees when such work is part of the permit. 19. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 20. Size of Plans: The size of construction plans submitted for building permits shall be 24 inches by 36 inches. 21. Plan Preparation: This project requires plans prepared under the direction and oversight of a California licensed Engineer or Architect. Plans submitted for building permits shall be "wet stamped" and signed by the qualifying professional person. 22. Soils ReJ>ort: The applicant shall submit two copies of a current soils report containing foundation and retaining wall design recommendations, prepared to the satisfaction of the Building Official, with the building permit application. This report shall be prepared by a licensed engineer specializing in soils mechanics. 23. Windows: The project building plans shall incorporate construction-grade, dual-pane windows. The applicant shall utilize full window (glass and frame), assemblies that have been tested for sound rating, to the satisfaction of the Building Official. 24. Geotechnical Analysis: Prior to issuance of building permits for the project, a registered geotechnical engineer shall prepare a design-specific geotechnical analysis, and all recommendations of the analysis shall be incorporated into the project's final engineering design to minimize the damage from seismic shaking. The project sponsor shall use standard engineering techniques and conform to the requirements of the Uniform Building Code to reduce the potential for seismic damage and risk to future occupants. 25. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. Site plan shall also include site drainage details. 26. Foundation Inspections: A pad certificate prepared by a licensed civil engineer or land surveyor shall be submitted to the project building inspector upon foundation inspection. This certificate shall certify compliance with the recommendations as specified in the soils report and the building pad elevation and on-site retaining wall locations and elevations are prepared according to approved plans. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer for the following items: a. pad elevation b. finish floor elevation (first floor) --- Attachment #6 Page 5 of 11 c. foundation comer locations 27. Title 24 Energy Compliance: California Title 24 Energy Compliance forms CF-IR and MF- lR shall be blue-lined on the construction plans. 8% X 11 calculations shall be submitted as well. 28. Special Inspections: When a special inspection is required by U.B.C. Section 1701, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permits, in accordance with U.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 29. Non-Point Source Pollution Control: The City of Campbell standard Santa Clara Valley Non-point Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet (size 24 inches by 36 inches) is available at the Building Division service counter. 30. Proiect Approvals: The project requires the following agency approval prior to issuance of the building permit: a. West Valley Sanitation District (378-2407) b. Santa Clara County Fire Department (378-4010) c. Air Quality Management District (Demolitions Only) c. School District: i) Campbell Union School District (378-3405) ii) Campbell Union High School District (371-0960) iii) Moreland School District (379-1370) iv) Cambrian School District (377-2103) Note: To determine your district, contact the offices identified above. Obtain the School District payment form from the City Building Division, after the Division has approved the building permit application. 31. P.G. &E.: The applicant is advised to contact P.G. &E. as early as possible in the approval process. Service installations, changes and/or relocations may require substantial scheduling time and can cause significant delays in the approval process. The applicant should also consult with P.G. &E. concerning utility easements, distribution pole locations and required conductor clearances. 32. Construction Fencing: This project shall be properly enclosed with construction fencing to prevent unauthorized access to the site during construction. The construction site shall be secured to prevent vandalism and/or theft during hours when no work is being done. All protected trees shall be fenced to prevent damage to root systems. 33. Archaeological & Paleontological Resources: If archaeological or paleontological resources are encountered during excavation or construction, construction personnel shall be instructed to immediately suspend all activity in the immediate vicinity of the suspected resources and the City and a licensed archeologist or paleontologist shall be contacted to evaluate the Attachment #6 Page 6 of 11 situation. A licensed archeologist or paleontologist shall be retained to inspect the discovery and make any necessary recommendations to evaluate the find under current CEQA guidelines prior to the submittal of a resource mitigation plan and monitoring program to the City for review and approval prior to the continuation of anyon-site construction activity. 34. Human Burial or Skeletal Element Discovery: In the event a human burial or skeletal element is identified during excavation or construction, work in that location shall stop immediately until the find can be properly treated. The City and the Santa Clara County Coroner's office shall be notified. If deemed prehistoric, the Coroner's office would notify the Native American Heritage Commission who would identify a "Most Likely Descendant (MLD)." The archeological consultant and MLD, in conjunction with the project sponsor, shall formulate an appropriate treatment plan for the find, which might include, but not be limited to, respectful scientific recording and removal, being left in place, removal and reburial on site, or elsewhere. Associated grave goods are to be treated in the same manner. 35. Short-term Air Quality Mitigation Measures: The following practices should be followed during all phases of site preparation and construction activities: a. Use dust-proof chutes for loading construction debris onto trucks. b. Water or cover stockpiles of debris, soil, and other materials that can be blown by the wind. c. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard. d. Sweep daily (with water sweepers) all paved access roads, parking areas, and staging areas at the construction site. e. Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets, as directed by the City Engineer. f. Enclose, cover, water twice daily or, or apply (non-toxic) soil stabilizers to exposed stockpiles (dirt, sand, etc.). g. Install erosion control measures to prevent runoff from the project site. PUBLIC WORKS DEPARTMENT 36. Final Map: Prior to issuance of any grading or building permits for the project, the applicant shall submit a final map for review by the City and recordation, upon approval by the City Council. The current plan check fee is $3,200.00 plus $35 per lot. 37. Preliminary Title Report: Upon submittal of the final map, the applicant shall provide a current Preliminary Title Report. 38. Public Service Easement: Upon recordation of the final map, the applicant shall grant a 10- foot public service easement on private property contiguous with the public right-of-way along the East Mozart Avenue frontage. The applicant shall cause all documents to be prepared by a registered civil engineerlland surveyor, as necessary, for the City's review and recordation. 39. Right-of- Way for Public Street Pw:poses: Upon recordation of the final map, the applicant shall cause additional right-of-way to be granted for public street purposes along the East Attachment #6 Page 7 of 11 Mozart Avenue frontage to accommodate a 30-foot half street width. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 40. Right of Way for Pedestrian Pathway/Access: Upon recordation of the final map, the applicant shall dedicate a ten-foot (10) wide public access pathway as a public service easement (PSE) for pedestrian, bicycle, and non-motorized vehicle access from the existing cul-de-sac at Kilmer Avenue, through Parcel A as shown on the Tentative Map dated 08/13/04 by BKF Engineers, to the existing Caltrans pedestrian pathway adjacent to the proposed private cul-de-sac. Access shall be handicap accessible. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 41. Pedestrian Pathway Maintenance Agreement: Prior to recordation of the final map, the applicant shall sign a maintenance agreement for the pedestrian pathway. The agreement will require the owner(s) and/or Home Owner Association to maintain the pedestrian pathway in accordance with maintenance specifications set forth by the City. 42. Private Easements: Upon recordation of the final map, the applicant shall cause private easements to be recorded for private utilities, private storm drains, reciprocal ingress and egress, emergency vehicles, etc. 43. Monumentation for Final Map: Prior to recordation of the final map, the applicant shall provide security for setting all monuments shown on the map. 44. Occupancy: Prior to allowing occupancy for any and/or all buildings, the applicant shall have the required street improvements installed and accepted by the City. 45. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer cleanout(s) shall be relocated or installed on private property behind the public right-of-way line. 46. Soils R<:a>ort: Prior to issuance of any grading or building permits for the site, applicant shall provide a soils report prepared by a registered geotechnical or civil engineer. 47. Utilities: All on-site utilities shall be installed underground per Section 21.18.140 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companIes. 48. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities. The plan shall clearly show the location and size of all existing utilities and the associated main lines; indicate which utilities and services are to remain; which utilities and services are to be abandoned, and where new utilities and services will be installed. Joint trenches for new utilities shall be used whenever possible. Attachment #6 Page 8 of 11 49. Pavement Restoration: Based on the utility coordination plan, the applicant shall prepare a pavement restoration plan for approval by the City Engineer prior to any utility installation or abandonment. Streets that have been resurfaced within the previous five years will require boring and jacking for all new utility installations. East Mozart Avenue, Kilmer Avenue and Longfellow have not been resurfaced in the last 5 years. The pavement restoration plan shall indicate how the street pavement shall be restored following the installation or abandonment of all utilities necessary for the project. 50. Grading and Drainage Plan: Prior to issuance of any grading or building permits for the site, the applicant shall conduct hydrology studies based on a ten-year storm frequency, prepare an engineered grading and drainage plan, and pay fees required to obtain necessary grading permits. The plans shall comply with the 1998 edition of the California Building Code including Chapters 10, 11, 18,33, and Appendix Chapter 33. 51. Storm Drain Area Fee: Prior to recordation of the final map, the applicant shall pay the required Storm Drain Area fee of $2,060.00 per net acre, which is $8,178.00. 52. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding stormwater pollution prevention. Specifically the project must include source control, site design and treatment measures to achieve compliance with Provision C.3. of the NPDES Permit. Measures may include, but are not limited to, minimization of impervious surface area, vegetated swales, infiltration areas, and treatment devices. The primary objectives are to improve the quality and reduce the quantity of stormwater runoffto the bay. Resources to achieve these objectives include Stormwater Best Management Practices Handbook for New Development and Redevelopment ("CA BMP Handbook") by the California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for Stormwater Quality Protection ("Start at the Source") by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for Storm water Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. 53. State Construction General Permit: Prior to issuance of any grading or building permits, the applicant shall comply with the State Construction General Permit requirements including paying fees, filing a Notice of Intent, and providing a Storm Water Pollution Prevention Plan (SWPPP). The applicant shall submit a copy of the SWPPP to the City prior to issuance of any grading or building permits. 54. Covenants. Conditions. and Restrictions: Provide copies of CC&R's for review by the City prior to recordation of the final map and CC&R's. 55. Demolition: Prior to recording of the final map the applicant shall obtain a demolition permit and remove any nonconforming structures. Attachment #6 Page 9 of 11 56. Street and Pedestrian Pathway hnprovements: Prior to recordation of the final map, the applicant shall execute a street improvement agreement, cause plans for public street and pathway improvements to be prepared by a registered civil engineer, pay various fees and deposits, post security and provide insurance necessary to obtain an encroachment permit for construction by the applicant of the standard public street and pathway improvements, as required by the City Engineer. The plans shall include the following: East Mozart Avenue a. Installation of a cuI-de -sac per City requirements on East Mozart Avenue. b. Installation of City standard curb, gutter, sidewalk and ADA compliant curb ramps on East Mozart Avenue. c. Reconstruction of street structural pavement section to centerline, or as required by the City Engineer. d. Installation of street trees and irrigation at 40 feet on center along East Mozart Avenue. e. Installation of City standard benchmarks as required by the City Engineer. f. Installation of monument wells as required by the City Engineer. g. Installation of streetlights, conduits, conductors and related facilities in accordance with the City of Campbell's Street Lighting Policies along East Mozart Avenue. h. Installation of storm drain facilities on East Mozart Avenue and connection to existing facilities. 1. Installation of traffic control, stripes and signs as necessary. J. Construction of conforms to existing public and private improvements, as necessary. Kilmer Avenue/Longfellow Drive a. Installation of ADA compliant driveway approach. b. Installation of streetlights, conduits, conductors and related facilities in accordance with the City of Campbell's Street Lighting Policies. c. Installation of traffic control, stripes and signs as necessary. d. Construction of conforms to existing public and private improvements, as necessary. Pedestrian Pathway/Access a. Installation of a concrete pedestrian pathway from Kilmer A venue/Longfellow Avenue cul-de-sac to the Caltrans pedestrian pathway. The pathway shall be designed and constructed to be ADA compliant. The pathway shall also be designed and constructed per City requirements and shall include appropriate drainage, lighting, and signage. b. Topography of the area indicating all above and below ground utilities and other facilities. c. Grading and drainage plan for the construction ofthe pathway. d. Signage plan indicating access to the pathway. e. Construction details for the concrete pathway, lighting and utilities relocation if necessary. -, /- Attachment #6 Page 10 of 11 FIRE DEPARTMENT 57. Formal Plan Review: Review of this development proposal is limited to accessibility of site access and water supply as they pertain to fire department operations, and shall mot be construed as a substitute for formal plan review to determine compliance with adopted model codes. Prior to performing any work the applicant shall make application to, and receive from, the Building Division all applicable construction permits. 58. Required Fire Flow: The fire flow for this project is 1,000 gpm at 20 psi residual pressure. The required fire flow is available from area water mains and fire hydrants which are spaced at the required spacing. 59. Fire HydranUs) Required: Provide two fire hydrants at locations to be determined by the Fire Department and San Jose Water Company. Hydrant(s) shall have a minimum single flow of 1,000 GPM at 20 psi residual, with spacing not to exceed 500 feet. Prior to applying for building permit, provide civil drawings reflecting all fire hydrants serving the site. To prevent building permit delays, the developer shall pay all required fees to the water company as soon as possible. The preliminary locations of the fire hydrants are at Lots 14/ 15 and Lots 2/3. 60. Fire Lane Marking Required: Provide markings for all roadways within the project. Markings shall be per Fire Department specifications. Installations shall also conform to Local Government Standards and Fire Department Standard Details and Specifications A-6. 61. Parking Along Roadways: The required width of fire access roadways shall not be obstructed in any manner and parking shall not be allowed along roadways les than 28 feet in width. Parking may be permitted alone one side of roadways 28-35 feet in width. For roadways equal to or greater than 36 feet, parking will be allowed on both sides of the roadway. Roadway widths shall be measured curb to curb, with parking space based on an eight foot width. There shall be no parking along the driveway leading to Lot 19 and Lot 20 to maintain adequate fire access. 62. Timing of Required Water Supj>ly Installations: Installation of required fire service(s) and fire hydrant(s) shall be tested and accepted by the Fire Department prior to the start of framing or delivery of bulk combustible materials. Building permit issuance may be withheld until installations required installations are completed, tested and accepted. 63. Fire Hydrant Location Identifier: Prior to project final inspection, the general contractor shall ensure that an approved "blue dot" fire hydrant location identifier has been placed in the roadway, as directed by the Fire Department. 64. Fire Apparatus (Engine) Access Roads Required: Provide access roadways with a paved all weather surface, a minimum unobstructed width of 20 feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 36 feet outside and 23 feet inside. Cul-de-sac diameters shall be no less than 72 feet. Installations shall conform to Local Government Standards and Fire Department Standard Details and Specifications. .- Attachment #6 Page 11 of 11 65. Timing of Required Roadway Installations: Required access roads, up through first lift of asphalt, shall be installed and accepted by the Fire Department prior to the start of construction. Bulk combustible materials shall not be delivered to the site until installation so complete. During construction, emergency access roads shall be maintained clear and unimpeded. Building permit issuance may be withheld until such installations are completed. 66. Premises Identification: Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their backgrounds. WEST VALLEY SANITATION DISTRICT 67. Sanitary Sewer Alignment: Sanitary sewer service is available from an existing eight-inch sanitary sewer main that runs from East Mozart Avenue, along the westerly side of the property and into the sewer system in Longwood Avenue. Based on the information provided on the tentative subdivision map, the district recommends that the developer install a new eight-inch sewer line connecting the East Mozart Avenue line to the Longwood Avenue sewer system. 68. Fees and Bonding Requirements: The developer is required to pay all applicable fees, including plan check fees, inspection deposits and connection fees, as well as post a sewer improvement bond (100% of the estimated sewer construction cost) for the district's approval of the sewer improvement plan. 69. Final Clearance: The district will issue a sewer connection permit for each lot as final clearance for the developer to obtain the building permit upon completion of the new sewer system. The cost of the connection permit is estimated at $350 for each lot. Attachment #7 RECOMMENDED CONDITIONS OF APPROVAL FOR PLN2004-71 (TREE REMOVAL PERMIT) SITE ADDRESS: APPLICANT: P.C. MEETING: 16201 & 16239 E. Mozart Avenue Scott Ward on behalf of Classic Communities, Inc. December 14, 2004 The applicant is hereby notified, as part of this application, that (s)he is required to meet the following conditions in accordance with the ordinances of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney, or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations, and accepted engineering practices, for the items under review. Additionally, the applicant is hereby notified that (s) he is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertains to this development and are not herein specified: COMMUNITY DEVELOPMENT DEPARTMENT Planning Division: 1. Approved Proiect: Approval is granted for a Tree Removal Permit (PLN2004-71) to remove 13 protected trees located at 16201 & 16239 East Mozart Avenue. The Tree Removal Permit shall only be valid in conjunction with an approved Planned Development Permit (pLN2004- 70). 2. R((placement of Removed Trees: The applicant shall provide thirteen 24-inch box replacement trees for the protected trees to be removed as part of the development. 3. Landscape Plan: The applicant shall submit a final landscape and irrigation plan to the Planning Division, prior to the issuance of building permits, for review and approval by the Community Development Director. The landscape and irrigation plan shall substantially conform with the approved conceptual landscape plan and the City's Water Efficient Landscaping Standards (WELS) and shall include all replacement trees as required for the Tree Removal Permit. Attachment #8 RECOMMENDED CONDITIONS OF APPROVAL FOR PLN2004-72 (TENTATIVE SUBDIVISION MAP) SITE ADDRESS: APPLICANT: P.C. MEETING: 16201 & 16239 E. Mozart Avenue Scott Ward on behalf of Classic Communities, Inc. December 14, 2004 The applicant is hereby notified, as part of this application, that (s) he is required to meet the following conditions in accordance with the ordinances of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney, or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations, and accepted engineering practices, for the items under review. Additionally, the applicant is hereby notified that (s) he is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertains to this development and are not herein specified: COMMUNITY DEVELOPMENT DEPARTMENT Planning Division: 1. Approved Proiect: Approval is granted for a Tentative Subdivision Map (PLN2004-72) to create 24 residential lots and one common lot located at 16201 & 16239 E. Mozart Avenue. The subdivision design shall substantially conform to the project exhibits listed below, except as may be modified by the conditions of approval herein: a. Tentative Subdivision Map prepared by BKF Engineers and dated as received by the Planning Division on October 12, 2004. b. Preliminary Grading and Drainage Plan prepared by BKF Engineers and dates as received by the Planning Division on October 12, 2004. 2. Aporoval Expiration: The Tentative Subdivision Map approval is valid for a period of two years from the date of final City Council approval unless an extension is granted prior to the expiration date. 3. Tentative Subdivision Map: The Planned Development Permit approval is contingent upon recordation of the Final Subdivision Map to divide the subject property. The Final Subdivision Map shall be recorded prior to the issuance of building permits. 4. Park Impact Fee: A park impact fee of $10,990 per unit is due upon development of the site. Based on the development of24 units, a total of $263,760 shall be paid to the City. Prior to recordation of the Final Subdivision Map, 75% of this fee is due. The remaining 25% is due prior to issuance of a certificate of building occupancy. 5. Covenants. Codes and Restrictions: The applicant shall submit a draft copy of the Covenants, Conditions and Restrictions (CC&R's) to the Planning Division for approval by Attachment #8 Page 2 of5 the Community Development Director and City Attorney, prior to the recordation of the Final Subdivision Map, which provide for: a. Formation of a Homeowner's Association; b. Continued architectural controls to ensure the architectural integrity of the project; c. Definition of common areas to be maintained and provision of maintenance for these areas; d. Provision of a funding mechanism to ensure maintenance and upkeep of common areas; e. Provision to ensure on-going maintenance of the pedestrian/bicycle pathway; and f. Provision for the availability of interior garage space for the parking of vehicles at all times. 6. Demolition of Structures: Prior to recordation of the Final Map the applicant shall obtain a building permit for the demolition of all non-conforming structures. 7. Property Maintenance: The property is to be maintained free of any combustible trash, debris and weeds until the time that actual construction commences. All existing structures shall be secured by having windows boarded up and doors sealed shut, or be demolished or removed from the property. PUBLIC WORKS DEPARTMENT 8. Final Map: Prior to issuance of any grading or building permits for the project, the applicant shall submit a final map for review by the City and recordation, upon approval by the City Council. The current plan check fee is $3,200.00 plus $35 per lot. 9. Preliminary Title Report: Upon submittal of the final map, the applicant shall provide a current Preliminary Title Report. 10. Public Service Easement: Upon recordation of the final map, the applicant shall grant a 10- foot public service easement on private property contiguous with the public right-of-way along the East Mozart Avenue frontage. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 11. Right-of-Way for Public Street Purposes: Upon recordation of the final map, the applicant shall cause additional right-of-way to be granted for public street purposes along the East Mozart Avenue frontage to accommodate a 30-foot half street width. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 12. Right of Way for Pedestrian Pathwav/Access: Upon recordation of the final map, the applicant shall dedicate a ten-foot (10) wide public access pathway as a public service easement (PSE) for pedestrian, bicycle, and non-motorized vehicle access from the existing cul-de-sac at Kilmer Avenue, through Parcel A as shown on the Tentative Map dated 08/13/04 by BKF Engineers, to the existing Caltrans pedestrian pathway adjacent to the Attachment #8 Page 3 of5 proposed private cul-de-sac. Access shall be handicap accessible. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 13. Pedestrian Pathway Maintenance Agreement: Prior to recordation of the final map, the applicant shall sign a maintenance agreement for the pedestrian pathway. The agreement will require the owner(s) and/or Home Owner Association to maintain the pedestrian pathway in accordance with maintenance specifications set forth by the City. 14. Private Easements: Upon recordation of the final map, the applicant shall cause private easements to be recorded for private utilities, private storm drains, reciprocal ingress and egress, emergency vehicles, etc. 15. Monumentation for Final Map: Prior to recordation of the final map, the applicant shall provide security for setting all monuments shown on the map. 16. Occupancy: Prior to allowing occupancy for any and/or all buildings, the applicant shall have the required street improvements installed and accepted by the City. 17. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer cleanout(s) shall be relocated or installed on private property behind the public right-of-way line. 18. Soils Report: Prior to issuance of any grading or building permits for the site, applicant shall provide a soils report prepared by a registered geotechnical or civil engineer. 19. Utilities: All on-site utilities shall be installed underground per Section 21.18.140 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility compames. 20. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities. The plan shall clearly show the location and size of all existing utilities and the associated main lines; indicate which utilities and services are to remain; which utilities and services are to be abandoned, and where new utilities and services will be installed. Joint trenches for new utilities shall be used whenever possible. 21. Pavement Restoration: Based on the utility coordination plan, the applicant shall prepare a pavement restoration plan for approval by the City Engineer prior to any utility installation or abandonment. Streets that have been resurfaced within the previous five years will require boring and jacking for all new utility installations. East Mozart Avenue, Kilmer Avenue and Longfellow have not been resurfaced in the last 5 years. The pavement restoration plan shall indicate how the street pavement shall be restored following the installation or abandonment of all utilities necessary for the project. Attachment #8 Page 4 of5 22. Grading and Drainage Plan: Prior to issuance of any grading or building permits for the site, the applicant shall conduct hydrology studies based on a ten-year storm frequency, prepare an engineered grading and drainage plan, and pay fees required to obtain necessary grading permits. The plans shall comply with the 1998 edition of the California Building Code including Chapters 10, 11, 18,33, and Appendix Chapter 33. 23. Storm Drain Area Fee: Prior to recordation of the final map, the applicant shall pay the required Storm Drain Area fee of $2,060.00 per net acre, which is $8,178.00. 24. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding stormwater pollution prevention. Specifically the project must include source control, site design and treatment measures to achieve compliance with Provision C.3. of the NPDES Permit. Measures may include, but are not limited to, minimization of impervious surface area, vegetated swales, infiltration areas, and treatment devices. The primary objectives are to improve the quality and reduce the quantity of stormwater runoffto the bay. Resources to achieve these objectives include Stormwater Best Management Practices Handbook for New Development and Redevelopment ("CA BMP Handbook") by the California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for Stormwater Quality Protection ("Start at the Source") by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for Storm water Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. 25. State Construction General Permit: Prior to issuance of any grading or building permits, the applicant shall comply with the State Construction General Permit requirements including paying fees, filing a Notice of Intent, and providing a Storm Water Pollution Prevention Plan (SWPPP). The applicant shall submit a copy of the SWPPP to the City prior to issuance of any grading or building permits. 26. Covenants. Conditions. and Restrictions: Provide copies of CC&R's for review by the City prior to recordation of the final map and CC&R's. 27. Demolition: Prior to recording of the final map the applicant shall obtain a demolition permit and remove any nonconforming structures. 28. Street and Pedestrian Pathway Improvements: Prior to recordation of the final map, the applicant shall execute a street improvement agreement, cause plans for public street and pathway improvements to be prepared by a registered civil engineer, pay various fees and deposits, post security and provide insurance necessary to obtain an encroachment permit for construction by the applicant of the standard public street and pathway improvements, as required by the City Engineer. The plans shall include the following: Attachment #8 Page 5 of5 East Mozart Avenue a. Installation of a cuI-de -sac per City requirements on East Mozart Avenue. b. Installation of City standard curb, gutter, sidewalk and ADA compliant curb ramps on East Mozart Avenue. c. Reconstruction of street structural pavement section to centerline, or as required by the City Engineer. d. Installation of street trees and irrigation at 40 feet on center along East Mozart Avenue. e. Installation of City standard benchmarks as required by the City Engineer. f. Installation of monument wells as required by the City Engineer. g. Installation of streetlights, conduits, conductors and related facilities in accordance with the City of Campbell's Street Lighting Policies along East Mozart Avenue. h. Installation of storm drain facilities on East Mozart Avenue and connection to existing facilities. 1. Installation of traffic control, stripes and signs as necessary. J. Construction of conforms to existing public and private improvements, as necessary. Kilmer Avenue/Longfellow Drive a. Installation of ADA compliant driveway approach. b. Installation of streetlights, conduits, conductors and related facilities in accordance with the City of Campbell's Street Lighting Policies. c. Installation of traffic control, stripes and signs as necessary. d. Construction of conforms to existing public and private improvements, as necessary. Pedestrian Pathway/Access a. Installation of a concrete pedestrian pathway from Kilmer Avenue/Longfellow Avenue cul-de-sac to the Caltrans pedestrian pathway. The pathway shall be designed and constructed to be ADA compliant. The pathway shall also be designed and constructed per City requirements and shall include appropriate drainage, lighting, and signage. b. Topography of the area indicating all above and below ground utilities and other facilities. c. Grading and drainage plan for the construction of the pathway. d. Signage plan indicating access to the pathway. e. Construction details for the concrete pathway, lighting and utilities relocation if necessary. ~BkJ Attachment #11 Novembei ~7, ~VV'"T BKF No. 20036013-10 Page 1 of 3 &.6INEUSl SUIVEYOIS I PLAHNOS EXHIBIT "A" Annexation to the City of Campbell Entitled CAMPBELL ANNEXATION 2004-01 Real property situate in the County of Santa Clara, State of California, described as follows: Beginning at the most easterly comer of that certain annexed territory, known as "Burton Road No. I", to the Town of Los Gatos, passed and adopted on November 7, 1977 under Resolution No. 1977-174 of the Town of Los Gatos; Thence leaving said comer and along the northeasterly line of said Burton Road No. 1 annexation, and along the northeasterly line of that certain annexed territory, known as "Oka Road No.7", to the Town of Los Gatos, adopted on July 30, 1979, North 58024'51" West, 1334.16 feet to an angle point therein and being also a point on the center line of State Highway Route 17; Thence along said center line and along the southeasterly line of said Oka Road No. 7 annexation, North 31001 '21" East, 858.84 feet to the southwesterly line of that certain annexed territory, known as "Campbell Annexation 1959-15", to the City of Campbell, passed and adopted on November 2, 1959 under Ordinance No. 227 of the City of Campbell; Thence along said southwesterly line of said Campbell Annexation 1959-15, South 57052'51" East, 60.52 feet to the most southerly comer therein; Thence along the southeasterly line of said Campbell Annexation 1959-15, North 31001'21" East, 284.31 feet to the most northerly comer of Lot 151, Tract No. 1426, entitled "White Oaks Manor No.3", filed April 26, 1955 in Book 57 of Maps at Page 4, Records of Santa Clara County; Thence leaving said northerly comer and along the northeasterly line of said Lot 151, Tract No. 1426, South 59030'00" East, 8.69 feet to the most northerly comer of the lands described in that certain Director's Deed, Number 00-048244-01-01, conveyed to The Santa Clara County Traffic Authority, recorded October 13, 1993, under Document No. 12154578, Official Records of Santa Clara County; Thence leaving said comer and along the northwesterly line of said lands of The Santa Clara County Traffic Authority (Doc. 12154578), South 29048' 10" west, 66.00 feet to the most westerly comer of said lands; Thence leaving said comer and along the southwesterly line of said Lot 151, Tract No. 1426, South 59030'00" East, 116.20 feet to the northwesterly line of Longfellow Avenue, 50.00 feet in width, as shown on said map of Tract No. 1426; Campbell Annexation 2004-01 Page 2 of 3 Thence along said northwesterly line of Longfellow A venue, the following three (3) courses: 1) South 30030'00" West, 22.67 feet to the beginning of a curve to the right, having a radius of 20.00 feet; 2) Southwesterly, along said curve, through a central angle of 46011' 13" and an arc length of 16.12 feet to the beginning of a reverse curve, concave to the east, having a radius of 45.00 feet; 3) Southerly and southeasterly, along said curve, through a central angle of 137014'32" and an arc length of 107.79 feet to a point on the southwesterly line of Kilmer Avenue, 50.00 feet in width, as shown on said map of Tract No. 1426; said point being also the most northerly comer of Parcel Two, as described in that certain Individual Grant Deed, conveyed to James W. Richards and Patricia A. Richards, Trustees, recorded April 22, 1999, under Document No. 14769268, Official Records of said County; Thence leaving said southwesterly line of Kilmer A venue, along the northwesterly line of said Parcel Two (Doc. 14769268), the following two (2) courses: 1) South 51005'25" West, 36.60 feet; 2) South 38031'19" West, 73.90 feet to the most southerly comer of Lot 154 of said Tract No. 1426; Thence leaving said comer and along the southwesterly line of Lot 155 of said Tract No. 1426, South 57052'51" East, 388.29 feet to the most easterly comer of Parcel 2, as shown on that certain Parcel Map, filed August 13, 1970 in Book 271 of Maps at Page 28, Records of said County; Thence leaving said comer and along the southeasterly line of said Parcel 2, South 33015'54" West, 458.73 feet to the southwesterly line of East Mozart Avenue, this section of road being 48.00 feet in width, as shown on Parcel Map, filed J ul y 1, 1999 in Book 717 of Maps at Pages 34 and 35, Records of said County; Thence along said southwesterly line of East Mozart Avenue, the following four (4) courses: 1) North 58026'06" West, 103.63 feet to the beginning of a non-tangent curve, concave to the southeast, having a radius of 20.00 feet, from which a radial line bears North 21035'04" West; 2) Southwesterly, along said curve, through a central angle of 08039'35" and an arc length of 3.02 feet to the beginning of a reverse curve, concave to the northwest, having a radius of 42.00 feet; 3) Southwesterly, along said curve, through a central angle of 29023'53" and an arc length of 21.55 feet; 4) South 89009'14" West, 26.58 feet to a point on the northeasterly line of State Highway Route 85, said point being at the beginning of a non-tangent curve, concave to the northeast, having a radius of 595.03 feet, form said point a radial line bears North 57047'25" East; K:\Sur03\0360 I3\Legals\Campbell Annex 2004-0I.doc Campbell Annexation 2004-01 Page 3 of 3 Thence along said northeasterly line of State Highway Route 85, the following five (5) courses: 1) Southeasterly, along said curve, through a central angle of 05018'54" and an arc length of 55.20 feet to the beginning of a compound curve, concave to the northeast, having a radius of 1400.07 feet; 2) Southeasterly, along said curve, through a central angle of 18017'22" and an arc length of 446.92 feet; 3) South 75007'22" East, 330.10 feet; 4) South 66010'33" East, 72.79 feet to the beginning of a curve to the left, having a radius of 15.00 feet; 5) Northeasterly, along said curve, through a central angle of 80022'01" and an arc length of 21.04 feet to the northwesterly line of Bascom A venue; Thence leaving said northwesterly line of Bascom Avenue, South 56032'06" East, 43.00 feet to a point on the northwesterly line of that certain annexed territory, known as "Parker No. 16", to the City of San Jose, adopted May 12, 1976 under Ordinance No. 18059 of the City of San Jose; Thence along said northwesterly line of said Parker No. 16 annexation, South 33027'54" West, 367.67 feet to the point of Beginning. Containing an area of 16.902 acres, more or less. As shown on Exhibit "B" attached hereto and made a part hereof. This real property description was prepared by me or under my direction in accordance with the Professional Land Surveyors' Act. For: B~ Davis Thresh, P.L.S. No. 6868 License expires 09-30-2006 t\ --v0-Z0c:>4::- Date