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PD - 2001 (Superceded)SPECIAL PRESENT A TIONS AND PROCLAMATIONS 1.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: </,,/ ATTEST: .// /7 / (~h-+~jA{i''-- Anne Bybee, City Clerk ?;Me FOREGOING INSTRCW"NT IS A TRUE AND CORR~CT OOP" OF THE ORIGINAL ON FILE IN THIS OFFIO'=. k\ ~ Ck~ Exhibit A ./ //. \. .' :< 00 ---...,@\ .. \ ___I ;;.____ J -.;~~ /--':'- d\~- ,- " ;;.r:i' \ \ -- ;y~--'; 0;"' - - . ./ ~ '~ ~~~-./ \ ~ ....... .-.rv-i L rDI ~~~.;:::c:c"~-^.J'wA.. Iii ~ Il t t rl : i .~ t: I: 1: / ) ~ ~ ...-- 't ? ----- Area of Rezone from P-D to C-P-D ~ ~ ~ \ \ ~ L ~ ) L PARCEL 2 t \ 1.75% AC ~ , { ,> \ { ,,- -~ ~ {' ID_ S j j '~) !DIIIBII ~...... OF_ 111ft 4U4-1J1Jf 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-. ~~ ~ 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. AM E IN THIS .. fRK CITY Ol'l FIL _ CITY CL . E C;'i'-Et:, EST: ...NN . ,~IFORN'.... AMI'BELL. CI," Lor(j Cld.- 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. 6J.~ tJ Of .C..t.._ . .'{~ !..4,,~. ~t<'> ... r" U f"" . . -" . ... 1- "- ~. ,,' 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: ~17~ ~/d Reviewed by: Reviewed by: Bob Kass, Public Works Director Approved by: Attachment III /-- 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 --