PD - 2001 (Superceded)SPECIAL PRESENT A TIONS AND PROCLAMATIONS
1. Proclamation Declaring the Week of September 3-7, 2001 as "National Payroll
Week" in the City of Campbell
Mayor Dean presented a Proclamation to Dennis Nguyen, Accounting Technician, in
recognition of National Payroll Week.
Mayor Dean welcomed the members of Boy Scout Troop 318 who were in attendance.
COMMUNICATIONS AND PETITIONS
There were no Communications and Petitions.
CONSENT CALENDAR
Mayor Dean asked if any Councilmember or anyone in the audience wished to remove an item
from the Consent Calendar.
The Consent Calendar was considered as follows:
2. Minutes of Study Session of August 7,2001
This action approves the Minutes of the Study Session of August 7, 200 1.
3. Minutes of Regular Meeting of August 7, 2001
This action approves the Minutes of the Regular Meeting of August 7, 2001.
4. Payment of Bills and Claims
This action approves the list of Bills and Claims for payment as follows: July 31, 2001
through August 6, 2001, in the amount of $1,570,294.37; August 7, 2001 through
August 13, 2001, in the amount of $185,476.96; August 14, 2001 through August 20,
2001, in the amount of $73,831.43; and August 21, 2001 through August 27, 2001, in
the amount of $126,963.00; for a combined total of $1,956,565.76.
5. Ordinance 2010 Approving Zone Change (pLN2001-43) from PD (planned
Development) to C-PD (Condominium-Planned Development) for property located
at 300 Orchard City Drive, Application of Water Tower I, LLC (Second
Reading/Roll Call Vote)
Second reading of Ordinance 2010 approves a Zone Change (PLN2001-43) from PD
(Planned Development) to C.PD (Condominium-Planned Development) for property
located at 300 Orchard City Drive, Application of Water Tower I, LLC.
Minutes of 9/4/2001 City Council Meeting
2
MEMORANDUM
Date:
To:
Prom:
Subject:
Zone Change - PLN 2001-43 - 300 Orchard City Drive
At the regular meeting of September 4, 2001, the City Council adopted Ordinance No.
2010 approving a Zone Change (PLN 2001-43) from PD (Planned Development) to C-
PD (Condominium-Planned Development) for property located at 300 Orchard City
Drive, Application of Water Tower I, LLC.
Please note that the Ordinance becomes effective 30 days from the date of adoption and
will be published in the Campbell Express dated September 12, 2001.
A certified copy of the Ordinance is attached for your records, together with a copy of
the letter addressed to Water Tower I, LLC in follow-up to the City Council's action.
ORDINANCE NO. 2010
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CAMPBELL AMENDING THE ZONING MAP FOR
PROPERTY LOCATED AT 300 ORCHARD CITY DRIVE AS
SHOWN ON THE A TT ACHED EXHIBIT A. APPLICATION
OF WATER TOWER I, LLC. FILE NO. PLN2001-43.
The City Council of the City of Campbell does ordain as follows:
SECTION ONE: That the Zoning Map of the City of Campbell is hereby changed and amended
by adopting the attached Exhibit A, entitled Map of Said Property, as per the application of
Water Tower I, LLC, for approval of a Zone Change for property located at 300 Orchard City
Drive, from PD (Planned Development) to C-PD (CondominiumIPlanned Development).
SECTION TWO: This ordinance shall become effective thirty (30) days following its passage
and adoption shall be published once within fifteen (15) days upon passage and adoption in the
Campbell Express, a newspaper of general circulation in the City of Campbell, County of Santa
Clara, State of California.
PASSED AND ADOPTED this 4th day of September
role call vote:
, 200 I, by the following
AYES: COUNCILMEMBERS: Furtado, Kennedy, Burr, Watson, Dean
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
APPROVED:
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ATTEST:
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Anne Bybee, City Clerk
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AND CORR~CT OOP" OF THE ORIGINAL
ON FILE IN THIS OFFIO'=.
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September 5, 2001
Water Tower I, LLC
1690 Dell Avenue
Campbell, CA 95008
Dear Water Tower I:
At the regular meeting of September 4, 2001, the City Council adopted Ordinance No. 2010
approving a Zone Change (PLN 2001-43) from PD (Planned Development) to C-PD
(Condominium-Planned Development) for property located at 300 Orchard City Drive. A
certified copy of this Ordinance is attached for your records.
Please be advised that the Ordinance becomes effective 30 days from the date of adoption.
Should you have any questions in regard to the City Council's action, please do not hesitate to
contact this office (866-2117) or Geoff Bradley, Senior Planner.
It'
Sincerely,
Anne Bybee
City ClerK
Enc.
Ce. Geoff Bradley, Senior Planenr
70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2117 . FAX 408.374.6889 . TDD 408.866.27':'0
MEMORANDUM
To:
Prom:
Date:
Subject:
Application of Water Tower I, LLC - Loft Project - 300 Orchard City
Drive
At the regular meeting of August 7, 2001, the City Council held a public hearing to
consider the application of Water Tower I, LLC for approval of a Zone Change (PLN
2001-43), Planned Development Permit (PLN 2001-44), Tentative Subdivision Map
(PLN 2001-45) and Tree Removal Permit (PLN 2001-70) for property located at 300
Orchard City Drive.
I have attached a copy of the following:
1. Resolution No. 9906 approving a Planned Development Permit (PLN 2001-44)
to allow the construction of 21 condominium units for the subject property,
subject to findings and Conditions of Approval;
2. Resolution No. 9907 approving a Tentative Subdivision Map (PLN 2001-45) to
allow the creation of twenty two lots (21 condominium units and one common
lot) for the subject property, subject to findings and Conditions of Approval;
3. Resolution No. 9908 approving a Tree Removal Permit (PLN 2001-70) to allow
the removal of 48 trees from the subject property, subject to findings and
Conditions of Approval; and
4. Copy of letter to applicant, Water Tower I, LLC.
Second reading of Ordinance No. 2010 approving the Zone Change from P-D to C-P-D
for the subject property will be heard at the regular City Council meeting of September
4, 2001. A certified copy of the Ordinance will be forwarded to you after that meeting.
RESOLUTION NO. 9906
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL APPROVING A PLANNED DEVELOPMENT
PERMIT (PLN2001-43) TO ALLOW THE CONSTRUCTION OF 21
RESIDENTIAL LOFT UNITS ON PROPERTY LOCATED AT 300
ORCHARD CITY DRIVE IN A C-PD (CONDOMINIUM-
PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION
OF WATER TOWER I, LLC. FILENO. PLN2001-44.
After notification and public hearing, as specified by law, and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the City Council did find as follows with
respect to application PLN2001-44:
1. The development of the proposed project will result in a use that is consistent with the
General Plan land use of commercial uses for this area in that the General Plan specifically
calls for limiting commercial development to within the loop streets (Orchard City Drive and
Civic Center Drive) of the downtown area.
2. The development of 21 residential condominiums on the project site is results in a density of
26.25 units per gross acre, consistent with the maximum General Plan density allowed
without a density bonus, which is 27 units per gross acre.
3. The proposed project involves the construction of an existing 43,925 square foot building
located on a net lot area of 33,977 square feet.
4. The existing property and improvements consists of the converted historic George Hyde
Company/Sunsweet Growers cannery factory and fruit drying facility that is listed on the
Campbell Historic Resource Inventory as a notable building in the community.
5. The proposed project would construct two new connected buildings in an area that IS
currently used for private landscaping.
6. The completed project would consist ofa 43,925 square foot building, covering 39.8% of the
lot, with 14.9% covered by paving and 36.3% covered by landscaping.
7. The project would have a floor area ratio of 1.63.
8. The proposed project includes improvements and alterations to Hyde Park to accommodate
pedestrian access to the development and to enlarge the area of Hyde Park by removing six
existing public parking spaces and re-striping the existing First Street Parking Garage to
increase the garage capacity by six parking spaces.
City Council Resolution
PLN2001-44 - 300 Orchard City Drive - Planned Development Permit - Water Tower Lofts
Page 2
9. The proposed project would continue the use of brick, arched windows and related cannery
details in the new buildings adjacent to the existing buildings and would retain the residential
and historic character of the existing building.
10. The proposed project is consistent with the Downtown Neighborhood Development Policies
by adding to a historically significant structure and property and respecting the scale and
character of the surrounding neighborhood.
11. Buildings of mixed architectural styles surround the proposed project, with commercial
development to the north and east, residential structures to the south and a public parking
garage to the south. The proposed project is well designed and is architecturally compatible
with the surrounding neighborhood.
12. The applicant is providing a total of 45 parking spaces for the project. The 45 parking spaces
result in a parking ratio of 2.2 parking spaces per unit, exceeding the Downtown
Development Plan, which requires 2.0 spaces per unit.
13. The proposed project is consistent with other developments in the surrounding area and is
consistent with the development standards for residential uses.
14. As the Zoning Code requires all condominium projects to be located in a C-P-D zone, the
proposed project includes a Rezone (PLN 2001-43) to C-P-D as required.
13.There is no evidence to support a reasonable finding that a significant adverse impact to the
environment would occur. Additionally, the project is not located in a particularly sensitive
environment and no substantial evidence has been presented to suggest that there is a
reasonable possibility that significant environmental impacts would result from the project
due to unusual circumstances or from the cumulative impacts of successive projects of the
same type in the same place.
Based upon the foregoing findings of fact, the City Council further finds and concludes that:
1. The proposed development and uses clearly will result in a more desirable environment and
use of the land than would be possible under any other zoning classification.
2. The development and uses will be compatible with the General Plan of the City and will aid
in the harmonious development of the immediate area.
3. The proposed development will not result in allowing more residential units than would be
allowed by other residential zoning districts, which are consistent with the General Plan
designation of the property; and
4. The proposed development will not be detrimental to the health, safety or welfare of the
neighborhood or the City as a whole.
City Council Resolution
PLN2001-44 - 300 Orchard City Drive - Planned Development Permit - Water Tower Lofts
Page 3
5. No substantial evidence has been presented which shows that the project, as currently
presented and subject to the required conditions of approval, will have a significant adverse
impact on the environment.
6. There is a reasonable relationship and a rough proportionality between the Conditions of
Approval and the impacts ofthe project.
Nuw, therefore, be it resolved that the City Council does hereby approve the Planned
Development Permit subject to the following Conditions of Approval.
CONDITIONS OF APPROVAL
Where approval by the Director of Community Development, City Engineer, Public Works
Director or City Attorney is required, that review shall be for compliance with all applicable
conditions of approval, adopted policies and guidelines, ordinances, laws and regulations for the
item under review. Additionally, the applicant is hereby notified that he/she is required to
comply with all applicable Codes or Ordinances of the City of Campbell and the State of
California that pertain to this development and are not herein specified:
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division:
1. Approved Project: Approval is granted to construct a 21-unit condominium project consisting
of two buildings (two and four story buildings). The building designs and site design shall
substantially conform to the project exhibits listed below, except as may be modified by the
Conditions of Approval herein:
a. Set of plans prepared by MBH Architects dated June 12, 2001, including building
elevations, floor plans, site plan, and building sections.
b. Color and material boards submitted by MBH Architects on March 15,2001.
c. Tentative Subdivision Map prepared by engineers Charles W. Davidson Co. received on
June 12,2001.
d. Final materials, colors and window, balcony and awning construction details shall be
reviewed and approved by the Site & Architectural Review Committee prior to issuance
of Building Permits.
e. The Planned Development Permit approval shall expire and be void two years from the
date of final approval, unless a building permit is obtained. Construction must be
completed two years thereafter or the Planned Development Permit shall be void.
2. Landscaping:
a. All on-site landscaping shall be installed and maintained in accordance with the approved
landscape plan to be reviewed and approved by the Community Development Director
prior to issuance of Building Permits. Plans to include the following:
City Council Resolution
PLN2001-44 - 300 Orchard City Drive - Planned Development Permit - Water Tower Lofts
Page 4
1. Private patio details including materials and landscaping.
11. Transition area between proposed building and First Street Parking Garage.
Ill. Improvements to the common open space areas.
b. A tree protection plan shall be submitted prior to issuance of a building permIt In
accordance with the City's Water Efficient Landscape Standards (WELS) for any trees to
be retained on site. A six foot tall chain link fence shall be installed around each tree to
be preserved prior to the commencement of any construction activity on site.
3. Parking and Driveways:
a. All parking and driveway areas shall be developed in compliance with Chapter 21.50 of
the Campbell Municipal Code with the following exceptions allowed by this Planned
Development Permit:
1. A minimum back-up space of24 feet may be provided.
2. All parking spaces located adjacent to a solid wall within the parking garage shall
provide an additional three (3) feet in width.
3. Standard size stalls shall be a minimum of 8.5 feet by 18 feet.
4. Compact size stalls shall be a minimum of7.5 feet by 15 feet.
b. The applicant shall provide decorative pavement within the vehicular driveway in front of
the underground garage entry. The design and materials to be used for the decorative
pavement shall be reviewed and approved by the Community Development Director prior
to issuance of building permits for the project.
4. Covenants, Codes and Restrictions (CC&Rs): The applicant shall be required to submit for
review and approval by the City Attorney and Community Development Director a copy of
the CC&Rs which shall include the following:
a. Formation of a homeowner's association to ensure the long-term maintenance of
buildings and properties.
b. Continued architectural controls to ensure the architectural integrity of the project,
including restrictions on storage of items on the exterior balconies.
c. Definition of common areas to be maintained and provision of maintenance for these
areas, including the parking garage, pedestrian access areas, driveway and fire access
area.
d. Provision of a funding mechanism to ensure maintenance and upkeep of common areas
and shared building walls and roofs to be repaired, repainted, and/or replaced as
necessary.
e. Provision for the availability of the below grade parking garage space for the parking of
vehicles at all times.
City Council Resolution
PLN2001-44 - 300 Orchard City Drive - Planned Development Permit - Water Tower Lofts
Page 5
f. Provision to prohibit the use of parking spaces for storage purposes, including boats,
trailers, camper bodies or any vehicle longer than 18 feet.
5. Park Impact Fee: A park impact fee of $5,635 per unit is due upon development of the
condominium project. Prior to recordation of the final subdivision map, 75% of this fee is
due. The remaining 25% is due prior to issuance of a certificate of building occupancy.
6. Fences: Any newly proposed fencing and/or walls shall be reviewed and approved by the
Community Development Director prior to issuance of any Building Permits for the project.
7. Property Maintenance: The property is to be maintained free of any combustible trash,
debris and weeds until the time that actual construction commences. All existing structures
shall be secured by having windows boarded up and doors sealed shut, or be demolished or
removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code).
8. Utility Boxes and Back-Flow Preventers: The applicant shall submit a plan, for the review
and approval of the Community Development Director, prior to installation or relocation of
PG&E utility (transformer) boxes and San Jose Water Company back-flow preventers,
indicating the location of the boxes and provisions for visual screening (if the boxes are
above ground).
9. On-site lighting: On-site lighting shall be shielded away from adjacent properties and
directed on site. The design and type of lighting fixtures and lighting intensity of any
proposed exterior lighting for the project shall be reviewed and approved by the Community
Development Director prior to 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.
10. Roof Screen: Prior to issuance of Building Permits, submit a detailed plan for the screening
of roof-mounted equipment. The roof screen shall be compatible with the overall design and
materials of the building and shall be subject to review and approval by the Community
Development Director.
11. Noise: Prior to issuance of Building Permits, prepare a noise analysis that models future
noise conditions, including the future Vasona Line, and incorporate the recommended
measures to reduce noise to the residential units to acceptable limits.
12. Existing Building:
a. The existing blue awnings located on the existing office buildings shall be removed, and
surfaces restored, prior to issuance of Building Occupancy for the residential
development. Any new replacement awnings shall be reviewed and approved by the
Community Development Director prior to installation.
b. The existing equipment enclosure/building located between the existing Water Tower
building and the proposed building shall be upgraded in appearance to be compatible
with both the existing and proposed buildings prior to Building Occupancy. Submit plan
for review and approval of the Community Development Director prior to issuance of
Building Permits.
City Council Resolution
PLN2001-44 - 300 Orchard City Drive - Planned Development Permit - Water Tower Lofts
Page 6
13. Easements: Provide easements and/or access agreements to be reviewed and approved by the
Community Development Director prior to issuance of Building Permits for the following:
a. Provide direct pedestrian access from both Hyde Park and the First Street Parking Garage
through the development to the proposed southern station platform entry point of the
Vasona Line Downtown Campbell Station along the east property line of the subject
property.
b. Provide a joint use easement or equivalent for the existing amphitheatre open space to be
shared by the residential and office development.
Building Division:
14. Permits Required: A building permit application shall be required for each proposed new structure.
The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the
permit.
15. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of
construction plans submitted for building permit.
16. Size of Plans: The minimum size of construction plans submitted for building permits shall
be 24 in. X 36 in.
17. Soils Report: Two copies of a current soils report, prepared to the satisfaction of the
Building Official, containing foundation and retaining wall design recommendations shaH be
submitted with the building permit application. A licensed engineer specializing in soils
mechanics shall prepare this report.
18. 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.
19. Foundation Inspections: A pad certificate prepared by a licensed civil engineer or land
surveyor shall be submitted to the project building inspector upon foundation inspection.
This certificate shall certify compliance with the recommendations as specified in the soils
report and the building pad elevation and on-site retaining wall locations and elevations are
prepared according to approved plans. Horizontal and vertical controls shall be set and
certified by a licensed surveyor or registered civil engineer for the following items:
a. pad elevation
b. finish floor elevation (first floor)
c. foundation corner locations
20. Title 24 Energy Compliance: California Title 24 Energy Compliance forms CF-IR and MF-IR shall
be blue-lined on the construction plans. 812 X 11 calculations shall also be submitted.
21. 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 D.B.C Section
City Council Resolution
PLN2001-44 - 300 Orchard City Drive - Planned Development Permit - Water Tower Lofts
Page 7
106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection
Division Counter.
22. Water Pollution Control: The City of Campbell, standard Santa Clara Valley Non-point Source
Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet
(size 24" X 36") is available at the Building Division service counter.
23. Approvals Required: The project requires the following agency approval prior to issuance of the
building permit:
a. West Valley Sanitation District (378-2407)
b. Santa Clara County Fire Department (378-4010)
c. School District: (Note: To Determine your district, contact the offices identified above.
Obtain the School District payment form from the City Building Division, after the
Division has approved the building permit application.)
i. Campbell Union School District (378-3405)
ii. Campbell Union High School District (371-0960)
111. Moreland School District (379-1370)
IV. Cambrian School District (377-2103)
d. Bay Area Air Quality Management District (Demolitions Only)
FIRE DEPARTMENT:
24. Formal Plan Review: Review of this developmental proposal is limited to acceptability of
site access and water supply as they pertain to fire department operations and shall not be
construed as a substitute for formal plan review to determine compliance with adopted model
codes. Prior to performing any work, the applicant shall make application to, and receive
from, the Building Department all applicable construction permits.
25. Required Fire Flow: The required fire flow for this project will be determined upon
submittal of detailed plans. The construction type shall be non-combustible, as required by
the Fire Department. As an automatic fire sprinkler system will be installed, the fire flow will
be reduced by 50 percent.
26. Automatic Fire Sprinkler System Required: Buildings requiring a fire flow in excess of
2,000 GPM or, in excess of two stories or 35 feet in height, shall be protected throughout by
an automatic fire sprinkler system, hydraulically designed per 1997 UBC Std. 9-1 (NFP A
Std. 13 [96]). Per meeting notes, the fire sprinkler system shall fully comply with the noted
standard.
27. Public Fire Hydrant(s) Required: Provide public fire hydrant(s) at location(s) to be
determined by the Fire Department and San Jose Water Company. Hydrant(s) shall have a
minimum single flow of 1,500 GPM at 20 psi residual, with spacing not to exceed 250 feet.
Prior to applying for building permit, provide civil drawings reflecting all fire hydrants
serving the site. To prevent building permit delays, the developer shall pay all required fees
to the water company ASAP.
City Council Resolution
PLN2001-44 - 300 Orchard City Drive - Planned Development Permit - Water Tower Lofts
Page 8
28. Private On-Site Fire Hydrant(s) Required: Provide private on-site fire hydrant(s) installed
per NFPA Std. #24, at location(s) to be determined by the Fire Department. Locate a hydrant
along the truck access route at the 150-foot location measured inward from the street. Prior
to design, the project civil engineer shall meet with the fire department water supply officer
to jointly spot the required fire hydrant locations.
29. 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.
30. Hose Valves/Standpipes Required: Buildings shall be equipped with automatic wet
standpipes designed per 1997 UBC Std. 9-2 (NFPA Std. #14), to include 2 Vz-inch hose
valves located within the stair enclosure(s) and on each side of the 2 hour area separation
wall. Design shall provide a minimum working pressure at the roof outlet of 155 psi.
31. On-Site Private Fire Service Mains and/or Hydrants: Installation of private fire service
mains and/or fire hydrants shall conform to National Fire Protection Association (NFP A)
Standard #24 and Fire Department Standard Details and Specification W-2. A separate
installation permit from the fire department is required.
32. Emergency Gate/Access Gate Requirements: Gate installations shall conform with Fire
Department Standard Details and Specification G-l and, when open shall not obstruct any
portion of the required width for emergency access roadways or driveways. Locks shall
consist of fire department approved (Knox) devices.
33. Fire Lane Marking Required: Roadways deemed necessary to facilitate emergency vehicle
access shall be identified in accordance with Fire Department Standard Details and
Specifications A-6 and Local Government Standards.
34. Required Access to Buildings: Portions of the structure(s) exceed 150 feet of travel distance
as measured along an accessible route of travel from an approved fire apparatus access
roadway or driveway. Provide an approved fire apparatus roadway and approved turn-
around or install an approved automatic fire sprinkler system throughout all portions of the
building. Note: Provide fire department access pathway to main entry of project from First
Street side.
35. Fire Department Key Box Required: The building shall be equipped with a permanently
installed emergency access key lock box (Knox) conforming to Fire Department Standard
Detail and Specification sheet K -1. At time of final inspection, access keys shall be provided
to the fire department.
36. Location of Required Fire Protection System(s) Equipment: Proposed locations for fire
hydrants, fire sprinkler system(s) control valves (PIV/O.S&Y), fire department connections
(FDC) and fire alarm equipment shall be coordinated with the fire department and the project
planners prior to design.
37. Premises Identification: Approved numbers or addresses shall be placed on all new and
existing buildings in such a position as to be plainly visible and legible from the street or
road fronting the property. Numbers shall contrast with their backgrounds.
City Council Resolution
PLN2001-44 - 300 Orchard City Drive - Planned Development Permit - Water Tower Lofts
Page 9
38. Fire Alarm System Required: The project shall be protected throughout by an approved,
manual and automatic fire alarm system designed and installed in accordance with those
adopted standards outlined in Chapter 35 of the 1998 California Building Code (Title 24, Part
2).
39. Adjacent Exterior Walls Upgraded to One-Hour Fire-Resistive Construction: It appears that
this project will require the exterior walls of the adjacent buildings to be upgraded to one-
hour fire-resistive construction. As the proposed assumed property line places the integrity
of the existing exterior walls of the adjacent buildings in jeopardy (separation less than 20
feet) identify how they will be protected. This condition shall be addressed prior to
application for building permit(s).
40. Proposed Occupancies: Plan submittals shall reflect all proposed occupancies contained
within the project including the underground parking garage.
41. Conditions Included as Notes on Plans: To prevent plan review and inspection delays, the
above-noted developmental review conditions shall be restated as "Notes" on all pending and
future plan submittals.
PUBLIC WORKS DEPARTMENT
42. Parcel Map: Prior to issuance of any building permits for the project, the applicant shall
submit a Parcel Map for recordation upon approval by the City. The current plan check fee is
$1,170.00 plus $25 per parcel.
43. Preliminary Title Report: Prior recordation of the Parcel Map, the applicant shall provide a
current Preliminary Title Report.
44. Easements: Upon recordation of the Parcel Map, the applicant shall cause Easements to be
recorded for private utilities, private storm drains, reciprocal ingress and egress, etc. and
other uses as appropriate.
45. Monumentation for Parcel Map: Prior to recordation of the Parcel Map, all Monuments
shown on the map shall be set.
46. Street Improvements: Prior to recordation of the Parcel Map, the applicant shall execute a
street improvement agreement and shall cause plans for public Street Improvements to be
prepared by a registered civil engineer, pay fees, post security and provide insurance
necessary to obtain an encroachment permit for construction of the standard public street
improvements, as required by the City Engineer. The fee for a non-utility encroachment
permit is $245.00. The plans shall include the following:
a. First Street - Orchard City Drive to Parking Structure
1. Removal of existing curb, gutter, sidewalk, and approaches,
2. Removal and replacement of existing substandard streetlight,
3. Construction of new curb, gutter, sidewalk, and tree wells,
4. Removal and replacement of street trees and irrigation, as appropriate,
5. Construction of conforms to existing public and private improvements, as necessary.
City Council Resolution
PLN2001-44 - 300 Orchard City Drive - Planned Development Permit - Water Tower Lofts
Page 10
b. Orchard City Drive - First Street to the crosswalk at Central Avenue (VT A Light Rail
project limits):
1. Removal of existing curb, gutter, sidewalk and approaches,
2. Removal and replacement of existing substandard street light(s),
3. Construction of new curb, gutter, sidewalk, and tree wells, and installation of
streetlight( s),
4. Construction of modified standard commercial ADA compliant two-way driveway
approach, to replace the existing westerly driveway,
6. Removal and replacement of street trees and irrigation, as appropriate,
7. Construction of conforms to existing public and private improvements, as necessary.
47. Hyde Park Improvements: Prior to recordation, the applicant shall cause plans and
specifications, prepared by a landscape architect to be submitted for review and approval by
the Public Works Director for constructing certain improvements necessary to reconfigure
the park and adjacent parking including:
a. Removal of six parking spaces and pavement northerly ofthe watertower,
b. Closing of the existing driveway to First Street and restore sidewalk,
c. Removal of the concrete wall (about 2 feet high) along the southerly side of the
contiguous parking area,
d. Installation of street trees and landscape and irrigation as per the approved plans,
e. Removal and installation of signs and stripes as needed,
f. Construction of a sidewalk, for access from First Street, across the park to the
development.
g. Construction of conforms to existing public and private improvements, as necessary.
48. Parking Structure: Prior to recordation of the final tract map, the applicant shall cause plans
and specifications to be prepared, for approval by the Public Works Director, for recoating
and re-striping of the upper level of the parking structure with a slip resistant coating.
Provide at least six (6) additional parking spaces.
49. Water Meter(s) and Sewer Cleanout(s): Existing and proposed Water Meter(s) and Sewer
Cleanout(s) shall be installed on private property behind the public right-of-way line.
50. Utilities: All new on-site Utilities shall be installed underground per Section 20.36.150 of
the Campbell Municipal Code. Applicant shall comply with all plan submittals, permitting,
and fee requirements of the serving utility companies. Additionally, remove utility poles,
including overhead wires, conductors, transformers, and related facilities, along the First
Street frontage including undergrounding to the first utility pole on Everett A venue.
a. A copy of an agreement with PG&E for undergrounding of existing overhead utilities,
which are on-site or within adjoining rights-of-way shall be provided to the Community
Development Director prior to issuance of Building Permits or a deposit in an amount
sufficient to cover the cost of under grounding shall be made with the City.
City Council Resolution
PLN2001-44 - 300 Orchard City Drive - Planned Development Permit - Water Tower Lofts
Page 11
51. Utility Installation Plan: Prior to issuance of building permits for the site, the applicant shall
submit a Utility Installation Coordination Plan and Schedule for approval by the City
Engineer for installation of street improvements and/or abandonment of all utilities. Streets,
which have been resurfaced within the previous 5 years, will require boring and jacking for
all new utility installations. Applicant shall also prepare pavement restoration plans for
approval by the City Engineer prior to any utility installation or abandonment.
52. Grading and Drainage Plan: Prior to issuance of any grading or building permits for the site,
the applicant shall conduct hydrology studies based on a 10 year storm frequency, prepare an
engineered Grading and Drainage Plan, and pay fees required to obtain necessary grading
permits. The plans shall comply with the 1998 edition of the California Building Code
including Chapters 10, 11, 18,33, and Appendix Chapter 33.
53. Storm Drain Area Fee: Prior to recordation of the Parcel Map, the applicant shall pay the
required Storm Drain Area fee, which is $2,250 per acre.
54. Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building
permits, the applicant shall comply with the National Pollution Discharge Elimination
System (NPDES) permitting requirements and the California Storm Water Best Management
Practices handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley
Water District and the City of Campbell Municipal Code regarding Storm Water Pollution
Prevention.
55. Covenants, Conditions, and Restrictions: Provide copies of CC&Rs for review by the City
prior to recordation of the Parcel Map and CC&Rs.
56. Demolition: Prior to recording of the Final Map/Parcel Map the applicant shall obtain a
Demolition permit to remove any improvements as necessary.
57. Reapportionment of Assessments: Prior to recordation of the final Map/Parcel Map,
applicant shall submit an application and pay fees for the Reapportionment of Assessments
for the new parcel/lot configuration.
58. Lot Line Adjustment: Prior to issuance of any grading or building permits for the site, the
applicant shall submit a Lot Line Adjustment application for approval by the City Engineer
to resolve any encroachments pursuant to the AL T A survey. The current application
processing fee is $600.00.
59. Site Plan: Prior to further processing of the project, the developer shall:
a. Preliminary Grading and Drainage plan, including measures to comply with NPDES.
b. Provide revised Site Plan to include street improvements required by these Conditions of
Approval.
City Council Resolution
PLN2001-44 - 300 Orchard City Drive - Planned Development Permit - Water Tower Lofts
Page 12
c. Revised Parcel Map to include APN 412-07-003 within the distinctive border since the
applicant owns the property.
REDEVELOPMENT AGENCY
60. Prior to issuance of Building Permits, execute an Owner Participation Agreement, or
equivalent, with the Redevelopment Agency to provide for cost sharing for half of the
expense of the undergrounding of the existing utilities along South First Street to the First
Street Parking Garage and to the first utility pole on Everett A venue.
61. Prior to issuance of Building Permits, execute a Deed Restriction and related documents for
the provision of the three required Below Market Rate units. Two units shall be affordable to
moderate income households and one unit shall be affordable to low-income households per
the Redevelopment Plan, unless otherwise allowed by the Redevelopment Agency. Unit
selection shall be at the sole discretion of the Agency, but shall be reflective of the overall
unit mix of the development.
PASSED AND ADOPTED this ~ day of August ,2001, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN :
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Furtado, Kennedy, Burr, Watson, Dean
None
None
None
ATTEST:
/,) /J/
{h~J--~~lj._L i,"-----
APPROVED:~~~
M ew T. Dean, ayor
Anne Bybee, City Clerk
i.NT IS A TRUE
REOOlNG INSTR\.IM ~. OfIIOlMAL
ltII! FO T copY Of' ,....
AND CORflEC OFFICS.
01'4 FILE IN THIS TV 0\..EfIK. crrt
ByeEE. CI
Ii : ANNE CI\l.IFOAAIA.
o BEU-.
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RESOLUTION NO. 9907
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL APPROVING A TENTATIVE SUBDIVISION MAP
(PLN2001-45) TO ALLOW THE CREATION OF 22 LOTS (21
UNITS AND ONE COMMON LOT) ON PROPERTY LOCATED AT
300 ORCHARD CITY DRIVE IN A C-PD
(COMDOMINIUM/PLANNED DEVELOPMENT) ZONING
DISTRICT. APPLICATION OF WATER TOWER I, LLC. FILE NO.
PLN200 1-45.
After notification and public hearing, as specified by law, and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the City Council did find as follows with
respect to application PLN2001-45:
1. The proposed creation of 21 condominium units and one common lot is consistent with the
General Plan designation of Commercial, and related policies for downtown and Downtown
Development Plan policies.
2. The proposed Tentative Map is consistent with the General Plan Housing Element Policy B:
Encourage housing units affordable to a variety of household income levels.
3. The proposal for 21 residential condominium units including three units affordable as
required by the Redevelopment Plan would provide necessary housing within an existing
urbanized area that is fully served by utilities and public services.
4. The proposed project includes provisions for access to natural air and light for all of the
units.
5. The provisions of the CC&Rs are necessary to ensure the long-term property maintenance
and continued architectural integrity of the project.
6. An Initial Study was prepared for this project and no significant environmental impacts were
found.
Based upon the foregoing findings of fact, the City Council further finds and concludes that:
1. The proposed subdivision is consistent with the General Plan.
2. The proposed subdivision does not impair the balance between the housing needs of the
region, the public service needs of its residents and available fiscal and environmental
resources.
City Council Resolution
PLN2001-45 - 300 Orchard City Drive - Tentative Subdivision Map (22 lots)
Page 2
3. The design of the subdivision provides, to the extent feasible, for future passive or natural
heating and cooling opportunities.
4. No substantial evidence has been presented which shows that the project as currently
presented and subject to the attached conditions, will have a significant effect upon the
environment.
5. The development and uses would be compatible with the General Plan of the City and will
aid in the harmonious development of the immediate area.
Now, therefore, be it resolved that the City Council does hereby approve the Tentative
Subdivision Map subject to the following Conditions of Approval.
CONDITIONS OF APPROVAL
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
Plannine Division
1. Approved Project: Approval is granted to create 21 condominium units and a common
lot. The site design shall substantially conform to the Tentative Subdivision Map
prepared by engineers Charles W. Davidson Co. received on June 12,2001.
2. Covenants, Codes and Restrictions (CC&Rs): The applicant shall be required to submit
for review and approval by the City Attorney and Community Development Director a
copy of the CC&Rs which shall include the following:
a. Formation of a homeowner's association to ensure the long-term maintenance of
buildings and properties.
b. Continued architectural controls to ensure the architectural integrity ofthe project.
c. Definition of common areas to be maintained and provision of maintenance for these
areas, including the driveway and grass cell fire truck turnaround area.
d. Provision of a funding mechanism to ensure maintenance and upkeep of common
areas and shared building walls and roofs to be repaired, repainted, and/or replaced as
necessary
City Council Resolution
PLN2001-45 - 300 Orchard City Drive - Tentative Subdivision Map (22 lots)
Page 3
e. Provision for the availability of interior garage space for the parking of two (2)
vehicles at all times.
f. Provision to prohibit use of uncovered parking spaces for outdoor storage purposes.
3. Park Impact Fee: A park impact fee of $5,635 per unit is due upon development of the
townhouse project. Prior to recordation of the final subdivision map, 75% of this fee is due.
The remaining 25% is due prior to issuance of a certificate of building occupancy.
4. Property Maintenance: The property is to be maintained free of any combustible trash,
debris and weeds until the time that actual construction commences. All existing structures
shall be secured by having windows boarded up and doors sealed shut, or be demolished or
removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code).
PUBLIC WORKS DEPARTMENT
5. Parcel Map: Prior to issuance of any building permits for the project, the applicant shall
submit ~ Parcel Map for recordation upon approval by the City. The current plan check fee is
$1,170.00 plus $25 per parcel.
6. Preliminary Title Report: Prior recordation of the Parcel Map, the applicant shall provide a
current Preliminary Title Report.
7. Easements: Upon recordation of the Parcel Map, the applicant shall cause Easements to be
recorded for private utilities, private storm drains, reciprocal ingress and egress, etc. and
other uses as appropriate.
8. Monumentation for Parcel Map: Prior to recordation of the Parcel Map, all Monuments
shown on the map shall be set.
9. Street Improvements: Prior to recordation of the Parcel Map, the applicant shall execute a
street improvement agreement and shall cause plans for public Street Improvements to be
prepared by a registered civil engineer, pay fees, post security and provide insurance
necessary to obtain an encroachment permit for construction of the standard public street
improvements, as required by the City Engineer. The fee for a non-utility encroachment
permit is $245.00. The plans shall include the following:
a. First Street - Orchard City Drive to Parking Structure
1. Removal of existing curb, gutter, sidewalk, and approaches,
2. Removal and replacement of existing substandard streetlight,
3. Construction of new curb, gutter, sidewalk, and tree wells,
4. Removal and replacement of street trees and irrigation, as appropriate,
5. Construction of conforms to existing public and private improvements, as necessary.
b. Orchard City Drive - First Street to the crosswalk at Central Avenue (VT A Light Rail
project limits):
I. Removal of existing curb, gutter, sidewalk, and approaches,
2. Removal and replacement of existing substandard street light(s),
3. Construction of new curb, gutter, sidewalk, and tree wells, and installation of
City Council Resolution
PLN2001-45 - 300 Orchard City Drive - Tentative Subdivision Map (22 lots)
Page 4
streetlight( s),
4. Construction of modified standard commercial ADA compliant two-way driveway
approach, to replace the existing westerly driveway,
5. Removal and replacement of street trees and irrigation, as appropriate,
6. Construction of conforms to existing public and private improvements, as necessary.
10. Hyde Park Improvements: Prior to recordation, the applicant shall cause plans and
specifications, prepared by a landscape architect to be submitted for review and approval by
the Public Works Director for constructing certain improvements necessary to reconfigure
the park and adjacent parking including:
a. Removal of six parking spaces and pavement northerly of the watertower,
b. Closing ofthe existing driveway to First Street and restore sidewalk,
c. Removal of the concrete wall (about 2 feet high) along the southerly side
of the contiguous parking area,
d. Installation of street trees and landscape and irrigation as per the approved
plans,
e. Removal and installation of signs and stripes as needed,
f. Construction of a sidewalk, for access from First Street, across the park to
the development.
g. Construction of conforms to existing public and private improvements, as
necessary.
11. Parking Structure: Prior to recordation of the final tract map, the applicant shall cause plans
and specifications to be prepared, for approval by the Public Works Director, for recoating
and re-striping of the upper level of the parking structure with a slip resistant coating.
Provide at least six (6) additional parking spaces.
12. Water Meter(s) and Sewer Cleanout(s): Existing and proposed Water Meter(s) and Sewer
Cleanout(s) shall be installed on private property behind the public right-of-way line.
13. Utilities: All new on-site Utilities shall be installed underground per Section 20.36.150 of
the Campbell Municipal Code. Applicant shall comply with all plan submittals, permitting,
and fee requirements of the serving utility companies. Additionally, remove utility poles,
including overhead wires, conductors, transformers, and related facilities, along the First
Street frontage including undergrounding to the first utility pole on Everett A venue.
a. A copy of an agreement with PG&E for undergrounding of existing overhead utilities,
which are on-site or within adjoining rights-of-way shall be provided to the Community
Development Director prior to issuance of Building Permits or a deposit in an amount
sufficient to cover the cost of under grounding shall be made with the City.
City Council Resolution
PLN2001-45 - 300 Orchard City Drive - Tentative Subdivision Map (22 lots)
Page 5
14. Utility Installation Plan: Prior to issuance of building permits for the site, the applicant shall
submit a Utility Installation Coordination Plan and Schedule for approval by the City
Engineer for installation of street improvements and/or abandonment of all utilities. Streets,
which have been resurfaced within the previous 5 years, will require boring and jacking for
all new utility installations. Applicant shall also prepare pavement restoration plans for
approval by the City Engineer prior to any utility installation or abandonment.
15. Grading and Drainage Plan: Prior to issuance of any grading or building permits for the site,
the applicant shall conduct hydrology studies based on a 10 year storm frequency, prepare an
engineered Grading and Drainage Plan, and pay fees required to obtain necessary grading
permits. The plans shall comply with the 1998 edition of the California Building Code
including Chapters 10, 11, 18, 33, and Appendix Chapter 33.
16. Storm Drain Area Fee: Prior to recordation of the Parcel Map, the applicant shall pay the
required Storm Drain Area fee, which is $2,250/acre.
17. Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building
permits, the applicant shall comply with the National Pollution Discharge Elimination
System (NPDES) permitting requirements and the California Storm Water Best Management
Practices handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley
Water District and the City of Campbell Municipal Code regarding Storm Water Pollution
Prevention.
18. Covenants, Conditions, and Restrictions: Provide copies of CC&Rs for review by the City
prior to recordation of the Parcel Map and CC&Rs.
19. Demolition: Prior to recording of the Final Map/Parcel Map the applicant shall obtain a
Demolition permit to remove any improvements as necessary.
20. Reapportionment of Assessments: Prior to recordation of the Final Map/Parcel Map,
applicant shall submit an application and pay fees for the Reapportionment of Assessments
for the new parcel/lot configuration.
21. Lot Line Adjustment: Prior to issuance of any grading or building permits for the site, the
applicant shall submit a Lot Line Adjustment application for approval by the City Engineer
to resolve any encroachments pursuant to the AL T A survey. The current application
processing fee is $600.00.
22. Site Plan: Prior to further processing of the project, the developer shall:
City Council Resolution
PLN2001-45 - 300 Orchard City Drive - Tentative Subdivision Map (22 lots)
Page 6
a. Provide a preliminary Grading and Drainage plan, including measures to comply with
NPDES.
b. Provide revised Site Plan to include street improvements required by these Conditions of
Approval.
c. Revised Parcel Map to include APN 412-07-003 within the distinctive border since the
applicant owns the property.
PASSED AND ADOPTED this 7th day of August ,2001, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Furtado, Kennedy, Burr, Watson, Dean
NOne
None
None
ATTEST:
tZ-~~
Anne Bybee, City Clerk
~ ,. IS Po. TRUE
coOING INSTil! I'>';', ~E ORIGINAL
1)1e fOR - . cop" OF
o CORRECT 0" .Cc.
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EST: ...NN . ,~IFORN'....
AMI'BELL. CI,"
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RESOLUTION NO. 9908
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL GRANTING A TREE REMOVAL PERMIT
(PLN2001-70) TO ALLOW THE REMOVAL OF 48 TREES IN
CONJUNCTION WITH A DEVELOPMENT APPLICATION ON
PROPERTY LOCATED AT 300 ORCHARD CITY DRIVE IN A C-
PD (COMDOMINIUM/PLANNED DEVELOPMENT) ZONING
DISTRICT. APPLICATION OF WATER TOWER I, LLC. FILE NO.
PLN2001-70.
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 PLN2001-70:
I. The site was formerly developed with a 20,000 square foot office building that was damaged
by earthquake and subsequently removed.
2. The existing trees were planted in 1994 for the provision of a private landscaped area.
3. The quantity and location of the trees throughout the project site would preclude any
redevelopment of the site if the trees were to be required to remain.
4. Replacement trees will be provided at a one to one ratio, for a minimum of 48 new
replacement trees, of a variety of species to continue the diversity of plant materials present
in the community.
Based upon the foregoing findings of fact, the City Council further finds and concludes that:
I. The retention of the trees restricts the economic enjoyment of the property or creates an
unusual hardship for the property owner by severely limiting the use of the property in a
manner not typically experienced by owners of similarly zoned and situated properties, and
the applicant has demonstrated to the satisfaction of the Planning Commission that there are
no reasonable alternatives to preserve the trees.
Where approval by the Director of Community Development, City Engineer, Public Works
Director, City Attorney or Fire Department is required, that review shall be for compliance with
all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and
regulations and accepted engineering practices for the item under review. Additionally, the
applicant is hereby notified that he/she is required to comply with all applicable Codes or
Ordinances of the City of Campbell and the State of California that pertain to this development
and are not herein specified.
City Council Resolution
PLN2001-70 - 300 Orchard City Drive - Tree Removal Permit
Page 2
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division:
1. Approved Project: This tree removal permit (PLN2001-70) shall only be valid in conjunction
with an approved Planned Development Permit (PLN2001-44).
2. Replacement of Removed Trees. All 48 trees to be removed shall be replaced at a one to one
ratio. Replacement trees shall be planted on-site and within Hyde Park and shall consist of a
minimum of twenty-four (24) 24" box trees and twenty-four (24) 36" box trees.
3. Landscape Plan: A detailed landscape/tree replacement plan and irrigation plan shall be
reviewed and approved by the Community Development Director and Public Works Director
prior to issuance of Building Permits
PASSED AND ADOPTED this ~ day of
vote:
August
, 2001, by the following roll call
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Furtado, Kennedy, Burr, Watson, Dean
None
None
None
APPROVED:
ATTEST:
~.
'/./ ~,
U:~- ~<'A..'-...
Anne Bybee, Secretary
1MR FOREGOlNG 'NSTRU~.tf:NT IS A TRUE
AND CORRECT COPY Of THE ORIGINAL
PILE IN THIS OFFICE
: ANNE BveeE, CITY OLERK, CITY
MP6ELL. CALIFORNIA.
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OotCHAllO.
CITY OF CAMPBELL
City Clerk's Office
August 14, 2001
Water Tower I, LLC
1690 Dell Avenue
Campbell, CA 95008
Dear Water Tower I:
At the regular meeting of August 7, 2001, the City Council held a public hearing to consider
your application for approval of a Zone Change (PLN 2001-43) from a P-D (planned
Development) to C-P-D (Condominium Planned Development) zoning district, approval of a
Planned Development Permit (pLN 2001-44) to allow the construction of twenty one
condominium units, approval of a Tentative Subdivision Map (PLN 2001-45) to create twenty
one condominium units and one common lot, and approval of a Tree Removal Permit (pLN
2001-70) to allow the removal of 48 trees on property located at 300 Orchard City Drive.
After public testimony, and City Council discussion, the Council took the following action:
1. Granted a Negative Declaration for the proposed project; and
2. Gave first reading to Ordinance No. 2010 approving a Zone Change (PLN 2001-43)
from PD to C-P-D. Second reading will be given to this Ordinance at the regularly
scheduled meeting of September 4, 2001. Please be aware that a certified copy of the
Ordinance will be forwarded to you at that time; and
3. Adopted Resolution No. 9906 approving a Planned Development Permit (PLN 2001-
44) to allow the construction of twenty one condominium units on the subject property,
incorporating findings and subject to the Conditions of Approval; and
4. Adopted Resolution No. 9907 approving a Tentative Subdivision Map (PLN 2001-45)
to allow the creation of twenty two lots (twenty one units and one common lot) on the
subject property, incorporating findings and subject to the Conditions of Approval; and
Continued ...
70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2117 . FAX 40!i.374.688<; . T~D 408.366.2790
Page 2
5. Adopted Resolution No. 9908 approving a Tree Removal Permit (PLN 2001-70) to
allow the removal of 48 trees on the subject property, incorporating findings and
subject to the Conditions of Approval.
A certified copy of Resolution No. 9906, Resolution No. 9907 and Resolution No. 9908 is
enclosed for your records.
Please do not hesitate to contact this office (866-2117) or GeoffBradley, Senior Planner,
should you have any questions in regard to the City Council's action.
Sincerely,
a.lA\..Ju~ Isn
Anne Bybee
City Clerk
Enc.
cc. Geoff Bradley, Senior Planner
r- -~ -.
~ I
M/S: Kennedy/Watson - to approve the Consent Calendar. Motion adopted by the
following roll call vote:
AYES
: Councilmembers: Furtado, Kennedy, Burr, Watson, Dean
NOES
Councilmembers: None
ABST AIN: Councilmembers: Dean - Item 1
ORAL REQUESTS
There were no Oral Requests.
PUBLIC HEARI~GS AND INTRODUCTION OF ORDINANCES
11. Application of Water Tower I, LLC for approval of a Zone Change (pLN2001-43)
from PD (Planned Development) to C-PD (Condominium-Planned Development), a
Planned Development Permit (PLN2001-44) to allow the construction of 21
residential loft units; a Tentative Subdivision Map (pLN2001-45) to allow the
creation of 22 lots (21 units and one common lot) and a Tree Removal Permit
(pLN2001-70) to allow the removal of 48 trees on property located at 300 Orchard
City Drive in a PD (planned Development) Zoning District (Introduction of
Ordinance/Resolution/Roll Call Vote)
This is the time and place for a public hearing to consider the application of Water
Tower I, LLC for approval of a Zone Change (PLN2001-43) from PD (Planned
Development) to C-PD (Condominium-Planned Development), a Planned Development
Permit (PLN2001-44) to allow the construction of 21 residential loft units; a Tentative
Subdivision Map (PLN2001-45) to allow the creation of 22 lots (21 units and one
common lot) and a Tree Removal Permit (PLN2001-70) to allow the removal of 48
trees on property located at 300 Orchard City Drive in a PD (Planned Development)
Zoning District.
Senior Planner Bradley - Staff Report dated August 7, 2001. Mr. Bradley noted for the
record a letter received from Patrick Kirk, 180 S. First Street, Campbell, expressing
concerns regarding the project including height of the project and parking.
Mayor Dean declared the public hearing open and asked if anyone in the audience
wished to be heard.
Santi Rogers, San Andreas Regional Center, 300 Orchard City Drive, Suite 170,
Campbell, appeared before the City Council and spoke in support of the project.
Linda Sugai, 240 E. Rincon Avenue, Campbell, appeared before the City Council and
expressed concerns regarding the project including density, parking and impacts to the
adjacent neighborhood.
Minutes of 8/7/2001 City Council Meeting
4
~
Dan Rosenbaum, South Bay Development, appeared before the City Council and spoke
in support of the project.
Melanie Morganthaler, 73 First Street, Campbell, appeared before the City Council and
expressed concerns regarding the project including impact on the neighborhood, traffic
and parking.
Kim Morganthaler, 73 First Street, Campbell, appeared before the City Council and
expressed concerns regarding the project including the size and density.
There being no one else wishing to speak, Mayor Dean closed the public hearing.
Following Council discussion, M/S: Kennedy/Watson - that the City Council grant
a Negath'e Declaration for the project; introduce Ordinance 2010 amending the
Zoning Map for pro pert)' located at 300 Orchard City Drive from P-D (planned
Development) to C-P-D (Condominium Planned Development) for first reading;
adopt Resolution 9906 approving a Planned Development Permit (pLN2001-44) to
allow the construction of 21 condominium units, incorporating findings and subject
to Conditions of Approval; adopt Resolution 9907 appro\'ing a Tentatin
Subdivision Map (PLN2001-45) to allow the creation of 22 lots (21 units and one
common lot) in a C-PD (Condominium/Planned Development) Zoning District,
incorporating findings and subject to Conditions of Approval; and adopt
Resolution 9908 granting a Tree Removal Permit (pLN2001-70) to allow the
removal of 48 trees in conjunction with a development application for property
located at 300 Orchard City Drive. :Motion adopted by the following roll call vote:
A YES: Councilmembers: Furtado, Kennedy, Burr, Watson, Dean
NOES: Councilmembers: None
The City Clerk read the title of Ordinance 2010.
M/S: Burr/Kennedy - that further reading of Ordinance 2010 be waived. Motion
adopted unanimously.
12, Cable-Related Needs and Interests Report and Request for Renewal Proposal -
Cable Television Franchise (Resolution/Roll Call Vote)
This is the time and place for a public hearing to consider a Cable-related Needs and
Interests Report and Request for Renewal Proposal regarding the cable television
franchise.
Administrative Services Director Lee - Staff Report dated August 7, 2001.
Minutes of 8/7/2001 CitJ Council Meeting
s
OJ)' of Campbell
City
Council
Report
ITEM NO:
CATEGORY:
MEETING DATE:
1l.
Public Hearing
August 7, 2001
/'"""'
TITLE
Public Hearing to consider the applications of Water Tower I, LLC, to allow the
following on property located at 300 Orchard City Drive in a P-D(planned
Development) Zoning District: --
1. A Zone Change from P-D (planned Development) to C-P-D
(Condominium Planned Development);
2. A Planned Development Permit to allow construction of 21 residential
condominium "loft" units; and
3. A Tentative Subdivision Map to create 21 condominium units and one
common lot; and
4. A Tree Removal Permit to allow the removal of 48 trees.
CITY COUNCIL ACTION
.-: "
The Planning Commission recommeI1(tst~at the City Council take the following:
1. Grant a Negative Declaration for the proposed project; and
2. Take first reading of the attached ordinance approving a Zone Change (PLN200 1-43) from
P-D (planned Development) to C-P-D (Condominium Planned Development); and
3. Adopt a Resolution upholding the Planning Commission's recommended approval of a
Planned Development Permit (pLN2001-44) to allow the construction of 21 condominium
units, incorporating the attached findings and subject to the attached Conditions of Approval;
and
4. Adopt a Resolution upholding the Planning Commission's recommended approval of a Tree
Removal Permit (PLN2001-70) to allow the removal of 48 trees, incorporating the attached
findings and subject to the attached Conditions of Approval; and
5. Adopt a Resolution upholding the Planning Commission's recommended approval of the
Tentative Subdivision Map (PLN2001-45), incorporating the attached findings and subject to
the attached conditions of approval.
ENVIRONMENTAL DETERMINATION
The City prepared an Initial Study for this project and it was determined that no significant
impacts would be created as a result of the project. Based upon the information provided in the
Initial Study, the Planning Commission recommends that the City Council grant a Negative
Declaration for this project.
BACKGROUND
The applicant is requesting approval of a Zone Change (pLN2001-43) from a P-D (Planned
Development) to a C-P-D (Condominium Planned Development) zoning district; a Planned
Development Permit (PLN2001-44) to allow the construction of 21 condominium units; and a
City Council Report Page 2
PLN200l-43/44/45 & 70 - 300 Orchard City Drive
Zone Change, Planned Development Permit, Tentative Subdivision Map & Tree Removal Permit
Tentative Subdivision Map to create 21 condominium units and a common lot on property
located at 300 Orchard City Drive (pLN2001-45).
The project site is a portion of the Water Tower Plaza, fonnerly George Hyde
Company/Sunsweet Growers facility, built between 1892 and 1909. A 20,000 square foot
converted cannery building fonnerly occupied the project site, adjacent to the Water Tower I
building and the historic Campbell Water Company building. The building was damaged in the
1989 Loma Prieta earthquake and subsequently demolished.
The project site is currently developed with a private landscaped area including walkways,
benches and redwood, purple plum and oak trees, which were planted in 1994. The area is used
as an amenity for the office tenants and visitors. The existing amphitheatre will remain as part of
the project. The development of housing at this location, adjacent to the future downtown light
rail station and downtown Campbell, is supported by a number of housing and traffic related
policies in both the existing and pending General Plan Update.
The Planning Commission and City Council have both held Study Sessions to review the
proposal of this condominium 10ft project. Originally designed with 34 units, the project has
been reduced to 21 units to improve parking ratios, increase on-site landscaping and to improve
the relationship to the existing office complex. The Study Sessions have focused on parking,
architecture, on-site landscaping and open space.
As the property is on the City's Historic Resources Inventory, the Historic Preservation Board
reviewed the proposal at its June 4, 2001 meeting and made a positive recommendation to the
Planning Commission.
The project includes the expansion of Hyde Park through the removal of half of the parking lot at
the corner of First Street and Orchard City Drive. This area will be landscaped with a variety of
trees, shrubs and groundcovers. A new walkway will connect First Street to the main pedestrian
entrance of the development. The Parks & Recreation Commission reviewed and recommended
approval of the modifications to Hyde Park at their June 6, 2001.
The Planning Commission, at its meeting of June 26, 2001, forwarded a recommendation to the
City Council by a 4-0 vote (three commissioners were absent) to approve the proposed project
with the attached conditions of approval.
ANALYSIS
General Plan Designation: The General Plan land use designation for the project site is
Commercial. The Downtown Development Plan has a number of policies that encourage a mix
of uses in the downtown area, including residential development on properties designated
Commercial. The goal is to provide a balance of daytime and nighttime uses and provide a
critical mass of residents to support the continued revitalization of Downtown Campbell.
City Council Report Page 3
PLN2001-43/44/45 & 70 - 300 Orchard City Drive
Zone Change, Planned Development Permit, Tentative Subdivision Map & Tree Removal Permit
The proposed project is also consistent with existing Housing Element policies including: Policy
A: Provide for new units to the housing stock with adequately zoned land at appropriate
residential densities; and, Policy B: Encourage housing that is affordable to a variety of
household income levels.
The proposed project will be developed at a density of 26.25 units per gross acre, which is just
under the maximum allowed under the General Plan (27 du/ac) without a density bonus.
Therefore, the proposed project is consistent with the General Plan.
Zone Change: The zoning designation for the project site is P-D (planned Development). The
applicant is requesting approval of a Zone Change from a P-D to C-P-D (Condominium Planned
Development) zoning district to allow for the development of condominium (airspace units). The
Zoning Code requires that all condominium developments in the City are to be in the C-P-D
zoning district.
Tentative Subdivision Map: The applicant is requesting approval of a Tentative Subdivision
Map to subdivide the property into 21 condominium units and one common lot. Prior to
recordation of the final Subdivision Map and issuance of any building permits, the applicant will
be required to provide draft Covenants, Conditions and Restrictions (CC&Rs) which provide for
the formation of a homeowner's association to ensure the long-term maintenance of all common
areas. A Condition of Approval requires that the applicant submit the draft CC&Rs for review
and approval by the Community Development Director and City Attorney.
Redevelopment Plan: The proposed project is consistent with the Redevelopment Plan goals of
revitalizing downtown and providing affordable housing. The requirement of providing 15
percent affordable units is being met by the inclusion of two units affordable to moderate income
households and one unit for low-income units. Additionally, there are overhead utility lines along
the east side of First Street between Hyde Park and the First Street Parking Garage. The
estimated cost of undergrounding those utilities is $125,000. There is no nexus to require the
developer to complete the entire undergrounding as it relates to the development project.
However, the developer is willing to share the cost if the Redevelopment Agency is willing to
participate in the cost sharing. Agency staff will meet with the developer to negotiate an
agreement and will bring the item to the Agency Board for consideration.
Site Plan: The site plan proposes the construction of 21 attached condominium units within two
attached buildings with all parking contained in a below grade parking garage.
Each of the units has a private patio or balcony that ranges in depth between 4 and 8 feet. In
addition, common landscaped areas are provided to the north and east sides of the buildings. The
existing amphitheatre to the rear of the proposed building will be retained as ajoint amenity to be
shared by both the office and residential developments. A Condition of Approval requires that an
easement or deed restriction be recorded to assure the future availability of this feature.
City Council Report Page 4
PLN2001-43/44/45 & 70 - 300 Orchard City Drive
Zone Change, Planned Development Permit, Tentative Subdivision Map & Tree Removal Permit
The common lot for the development consists of the pedestrian access, fire access area and a
portion of the existing amphitheatre at the rear of the proposed building. These areas will be
owned and maintained by the Homeowners Association to be formed for the development.
Detailed descriptions and analysis of the project architecture, landscaping, open space and
parking are contained within the attached Planning Commission report.
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.
FISCAL IMP ACTS
No negative fiscal impacts to the City as a result of the project have been identified.
~
Attachments:
1. Draft City Council Zone Change - Ordinance
2. Draft City Council Planned Development Pennit - Resolution
3. Draft City Council Tentative Subdivision Map - Resolution
4. Draft City Council Tree Removal Pennit - Resolution
5. Parks & Recreation Commission Minutes
6. Planning Commission Resolutions and Minutes
7. Planning Commission Report including Attachments
Prepared by:
Geoffl. Bradley, Senior Planner
Reviewed by:
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~/d
Reviewed by:
Reviewed by:
Bob Kass, Public Works Director
Approved by:
Attachment III
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ORDINANCE NO.
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CAMPBELL AMENDING THE ZONING MAP FOR
PROPERTY LOCATED AT 300 ORCHARD CITY DRIVE AS
SHOWN ON THE ATTACHED EXHIBIT A. APPLICATION
OF WATER TOWER It LLC. FILE NO. PLN200l-43.
The City Council of the City of Campbell does ordain as follows:
SECTION ONE: That the Zoning Map of the City of Campbell is hereby changed and amended
by adopting the attached Exhibit A, entitled Map of Said Property, as per the application of
Water Tower I, LLCt for approval of a Zone Change for property located at 300 Orchard City
Drive, from PD (Planned Development) to C-PD (Condominium/Planned Development).
SECTION TWO: This ordinance shall become effective thirty (30) days following its passage
and adoption shall be published once within fifteen (15) days upon passage and adoption in the
Campbell Express, a newspaper of general circulation in the City of Campbellt County of Santa
Clara, State of California.
PASSED AND ADOPTED this day of
role call vote:
,~ AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
t 2001t by the following
APPROVED:
Matthew T. Deant Mayor
ATTEST:
Anne Bybee, City Clerk
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