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Planned Development - 2000City of Campbell - Community Development Department 70 N. First Street, Campbell, CA 95008 MEMORANDUM To: Harold Housley, Land Development Engineer Date: February 9, 2001 From: Tim J. Haley, Associate Planner Subject: Final Map - 122 Shelley Avenue PLN 2000-33 (TS) In response to the your request, the Planning Department has the following comments regarding park fees required in association with the recordation of a tract map on the subject property : I. Payment of a park dedication fee as follows: Park Dedication: Final Map (5 x $7,035) x .75 = $26,381.25 with a credit of $5,276.25 for the existing lot or a fee at final map of $21,105.00. Park Impact: At building fmal or occupancy (5 X $7,035) = $ 35,175.00 with a credit of one dwelling unit at $ 10,990 and a credit for payment of park dedication fees of$ 21,105.00 resulting in a park impact fee of $ 3,080.00 at building final/occupancy. December 15,2000 Barbara Harris Landscape Architect P. O. Box 110344 Campbell, CA 95011 Re: Landscape Plan 122 Shelley Avenue Dear Ms. Harris, The Planning Division approved your revised landscaping and fencing plan for the above referenced townhome project. Please note that the fencing should terminate fifteen feet behind the street property line height or should be reduce in height to 3.5 feet at this portion of the site. Additionally, please ensure that the retention of the mature trees in the public right of way is acceptable to the Public works department. Please do not hesitate to contact me if you have any questions regarding this approval. ~~ Tim J. Haleyi!J Associate Planner cc: Glenn Cahoon Chuck Gomez, Public Works Department Enclosure: Approved landscape plan 70 North First Street . Campbell, California 95008-1436 . TEL 408.866.2140 . FAX 408.866.8381 . TOD 408.866.2790 William Seligmann City Attorney Tim J. Haley, Associate Plann4 CC & Rs PLN 2000-33,34 122 Shelley Avenue Date: December 7, 2000 To: Subject: ~1~!~ Please find attached a draft of the CC & Rs for the above referenced townhome project Condition 3 of that project approval requires the review and approval by the City Attomey and Community Development Director. Your review, comments and approval of the enclosed document would be appreciated by December 21, 2000. I have attached the applicable condition of approval for your reference. If you should have any questions this draft, please do not hesitate to contact me at (408) 866-2144. Encl.: Condition of approval City Council Resolution No. 9675 Draft C.,C & Rs cc: Sharon Fierro, Community Development Director /' o ~oI 'S ~ tM-~ Vd ~ {;;{~ re--S ~ pVO~ ~~7 ~~1 ~~~ {!1/-:"\ --' RESOLUTION NO. 9675 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAL'v1PBELL APPROVING A TENTATIVE SUBDMSION MAP (PL"l"2000-33) TO ALLOW THE CREATION OF FIVE PARCELS ON PROPERTY LOCATED AT 122 SHELLEY A VEND"E. APPLICATION OF MR. GLEN CAHOON. FILE NO. PLN2000-33 (TS). After notification and public hearing, as specified by law, and after presentation by the Community Development Staff, 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 PLN2000-33 (TS): 1. The proposed subdivision density of 10.42 units per gross acre is no greater than the density allowance of 6- 13 units per gross acre permitted in the Low-Medium Density Residenriaj land use shown on the Land r.; se Element of the General Plan. " , An initial study W:lS prepared for this project and no significant environmental impacts '.vere found. 3. The provisions of the CC&~s are necessary to ensure the long term property maintenance :md continued arc~itec:'Jr11 ir:~egrity or [he project. Based U1:on the fore2:oin2: findin2:s of fact. the eit'! Council further rinds and concludes that: ... - - - .. -. The :::ropcsed sucdi vision is:onsistenr with the General Plan. Tl:e proposed sul::divisicn dces not iillpair the balance between the housing needs of [he region and the public se,':ice needs of its residents and available fiscal and eno;ircn:nentai rescurces. -. The design of the subdi\'ision provides. IO the exte:1t feasible, for future passive .x :1:2::::-::; r....'~;~CT :"lnd "ooll.nCT onr(]~,-'"r.;r;...''' .....tr""..............= ....... :::...'-':' 1..._,-.." ..J.\".rJ. ~u sL1bsrant::ll ev:denc~ h~s see~ Fn:ser:LC~ \vhich sho'.vs :hat the DfOlect ::s " - C''': :-:"-::'::1 \' . . ., .... . " ;:-=')c:-:~~:..1. ar:c. st..::'jC~: :.: ~,,-:;; :2~::::'C~~~;: ccn;.::::cr:s. "tV i~... :-:~-y',= J. Slg::l::~3.r;.[ c~~",~~: L:=.~r: ~::c ~:-: '.-:~Jr:r7:c~r. '\-.."" .:.,,;.-~~,..,...::a '.-."'!.. '"' ~,.., _....~....~. r~'''' ~ .....;....:.... .::::._;....;.~ ~h.'t t:"',.:t. r-....0J.~....... lv;!l ;"""":',,;~ '1 ""!bs"'''1;'''''':'-:: l'7"""""-'~,-" .;. '\...- ...... ~~,"",,;,C_ .L:'_::' .....c........:. l""l.....::""J.."""- "\~1.......... _1....... .I'::l ..1..._.. "...... r......... \.._.. , .... ..J.,-,.., f".,.,~""" 1..\.oL....Io.._.. .......:........... on plant or animal life. City Council R~solution PLN2000-33 - 122 Shelley enue - Tentative Subdivision Map Page 2 The applicants are hereby notified, as part of this application, that they are required to meet the following conditions in accordance with the Ordinances of the City of Campbell and the State of California. The lead department with which the applicant will work is identified. Additionally, the appiicants are hereby notified that they are required to comply with all applicable Codes and Ordinances of the City of Campbell and the State of California that pertain to this development and are not contained herein. COMMUNITY DEVELOP~/'lENT DEP.~RTlVIENT I. Aooroved Proiect: Approval is granted for a Tentative Subdivision Nfap allowing the cre:uiorl. of five (5) residential lots and a common lot for a five (5) unit townhouse development on property located at 122 Shelley A venue. The map shall substantially conform to the map prepared by Kirkeby Engineering, stamped as received on March 22, 2000. I Tree Protection Plan: A tree protec~ion plan shall be submitted prior to issuance of a building pem:it in accordance with the City's \Vater Efficient Landscape Srandards (WELS) for any trees to be retained on site. ()~. Covenants. Codes :lnd R~strictions CCC&Rs): The applicam shall be required to submit for re'.:ew and :lccrov:lI bv :he Citv A.:tcr;:ev and Communitv Develocme:1t Director a CCC'i or ... ~ .. '" '" "'''' ... ... rr:e CCi:Rs "vhich shall :r:c1ude the ~oiIowing: ~.. FJr:naticr; of a haee owne:-"s asscciation to ensure the long term maintenance or buildings :lnd profe:-c:es. E. C Jf:::nued lr.:hi [e:::~;:-:l: cJntrols :c =:1:iure the ilrci1itec~r3.i :megr:[y of the projec:. C. Le:':r:itien fer '.ccr::27:0n" are::lS :0 2e :TI2.i~(2.i~ed. D. o-",.;",;or. ,to """;-'~""'n'," cor "o....."'c,n area Ian,.-l,""ol'nrr _ ,;. ~V / :....J1 ~ \,.. ll..U-J.J."_H_t~\..._ .1. \,.,. 1.........1. 1 l_",,\...~_:;:;" c. ?:-ovisior. fer the lcng-te:-m prc~e:-'::y mainrer:ance rer the drive'Nay, builc:ngs ar:r.: ...,'" .......".:5,.~ ''''''e -::.~a;-ed r'3~n;M~e'~ andJor-OT""aco.~ J.S "ef"O-"J..r"l1 ~,",r.:fficn ,\..v1 cv '" '''1:''.1 , ,,:,....1." -.0, 1 'I...::-d' "... .. ......::i::i ~. F P:-o';isior. of a func:r:J rr:echanisr:: :0 ensure milinte:12.r:ce and upkeep or corr::::or: are:lS .1rrl..t.,.....~::lA 'JU1"'Tc';.., 7 l!.,,~l, "n.J -.... ,:~ _,.,-" )......1\..'- "U=,' _l,~ .. ll:. ,\..'-,1.). r. ?-J~:i::;icr::o recu:re :r:J.t the in:e~:cr ~1r::uze SD2.Ce 32:.::1 cc rr.~in[~ir:c~ a':aiLloi.;: l[ li: . .... '- - ... ';""es J:~r .~~ D''''.:';n'- "If" ""0 'Ie;"; ,;..'" ......;.~... Lv :..4....... ~ """......\......1. ::..., I..,V . ..I.J.v..._.J. - ?:-.:''-:.-::i.:r: :'~ ;;r-:;hibi: :...:s~ Gf U:1c::.'!e:-=:: ;"ll"~(::lg sp2ces ~,~:: .:'.::co\:r S~Jr:l~= ;'U~CSCS. ;J:"' _:.' ~!:"" -: lC: - ~ -" ....l.. :~~k i:-::~:..:.:.:~ _-"=: , ... .... - :: ~ ) .1,_ .; := .......:10... "-.- .......'-.. ..........- ..5 .:.~:: ~..::\:'r: :::"":==.C'DrT.=~: 2'~ ..._~ :,:"\'-:"-.2;1~~ : :': '='::. . . C;:::: i~ :~,~ l:-:-:-=L:::: .:( 5 >:.:jSC "yvi:: ':c ;i'''~~~ f\J~ c~:~ =:(:sti~g s::-:g~',:- . . . . F~;' . ~ '" -I..; ~- "1-' ~- :; . 1 S' 1-.0" . -; n ~ i:::'C1. c th's r"~'" . - rl"'" ,J.~_<. :-~::iiC:e:iC=, "ur .J .e"or"'....Lv,. vi ""e LD.li Uu IVl.::l,Cr. mup. ,--, ,C at 1 ,,~l~ ~c.". Tr:e :-err:a:n:r:J 25% is due prior to lssuar:ce of a cer:ificate of cllilding occupancy. " ?:--:::~-~... ~\'T_~~~-~i.:.l~C'~: ~:.~ ~:-c::'cr:,":=3:) "-:--: ~::::-:~'::'~~~: f:-:~ .::'" .::~:" ::~-:-:C:.lst:c~~ ~:-~~.~:-.. :=::":~ . ., .. , . "'. ;~.:~ _:-.::: :.::': :_~H: ,~..:_: .::.'.:::.:~.. ,~,:-~~::-..:._:~ J-:~'::'::"-=-'=:~:":';~' _.:......... =.\:.;~:ng 5::~~C:~:=S ~l-:.l..~':-: secu:-d by ha';:ng \V;r:c:cws boarded up ar.d coors se:lled shut. or be demolished or removed from Ehe property (Section 11.201 and 11.-+1-+,1985 Ed. Uniform Fire Code). _ll. Melinda K. F oos 134 Shelley Avenue Campbell, California 95008 August 8, 2000 RECEIVED AUG 1 n 2000 C\TY OF CAMPBELL PLANNING DEPT. Tim J. Haley Associate Planner Community Development Department 70 N. First Street Campbell, CA 95008-1423 Dear Mr. Haley: I had previously been working with Aki Irani regarding the development planned for 122 Shelley Avenue. I live on the east side of the project, at 134 Shelley Avenue. Aki had given me her assurance that every effort would be made to plant a tree where the existing plum tree is at 122 Shelley - even if it required adding more inches to the proposed green strip. It is very important to me that a tree be placed in this location as it is the only source of shade for my home which is practically all windows on the west side, and it would provide a modicum of privacy for both me and the new property owners and would provide a noise buffer for the increased number of cars going in and out the driveway. I do not have anything written from Aki, however, I have saved her message on my answering machine which basically states that both the city and the property owner will work with me on this. I know that this is probably a small thing that can easily fall through the cracks, but it greatly affects the quality of life at my home. I ask that you please keep me posted on this issue. My home telephone number is 408-371-2530, and my work telephone number is 408-369-2922. E- mail is mindyfoos@aol.com. Thank you for your attention to this matter. ~~ Melinda K. F oos August 2, 2000 Glenn Cahoon 296 Kansas Way Fremont, CA 94539 Re: Plan Check BLD2000-859 to 863 (PLN2000-33,34) 122 Shelley Avenue Dear Mr. Cahoon: The Planning Division has reviewed your plan-check submittal of July 25, 2000 for five townhome units. This submittal is consistent with the City Council approval per Resolution No. 9675 and 9676. The following conditions of approval must be satisfied prior to the issuance of building permits: Tentative Subdivision Map Approval . Condition 2 - Tree Protection Plan . Condition 3 C, C & R's . Condition 4 Park Impact fees . Condition 7 Final Map Planned Development Permit . Condition 4 Landscaping . Condition 5 Decorative Paving . Condition 6 C, C & R's . Condition 7 Park Impact fees . Condition 8 Fencing Locations . Condition 12 Lighting details, if applicable Please contact me at (408) 866-2144, if you wish clarification of any of these issues. Sincerely, :[ey,' ~ Associate Planner Enclosures: Adopted Resolution Nos. 9675 & 9676 cc: Frank Mills, Senior Building Inspector Harold Housley, Land Development Engineer Kasem Dada, 19665 Merritt Drive, C:lpertir..o, CA 950 '4 70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2140 EU 40R R66.8381 . TOD 408.866.2790 RESOLUTION NO. 9675 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A TENTATIVE SUBDIVISION MAP (PLN2000-33) TO ALLOW THE CREATION OF FIVE PARCELS ON PROPERTY LOCATED AT 122 SHELLEY A VENUE. APPLICATION OF MR. GLEN CAHOON. FILE NO. PLN2000-33 (TS). After notification and public hearing, as specified by law, and after presentation by the Community Development Staff, 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 PLN2000-33 (TS): I. The proposed subdivision density of 10.42 units per gross acre is no greater than the density allowance of 6-13 units per gross acre permitted in the Low-Medium Density Residential land use shown on the Land Use Element of the General Plan. 2. An initial study was prepared for this project and no significant environmental impacts were found. 3. The provisions of the CC&Rs are necessary to ensure the long term property maintenance and continued architectural integrity of the project. 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. '! The proposed subdivision does not impair the balance between the housing needs of the region and the P!lblic service needs of its residents and available fiscal and environmental resources. 3. The design of the subdivision provides, to the extent feasible, for future passive or namra] he::ltin2: and coolin2: olJDortuni ties. _ _ 4~ 4. No substantial evidence has been presented which shows that the project as cu:-re:1tlv presented. and subject [0 the 2.:t::lched conditions, will huve a significant effect upor. :J.e en'.'ironment. 5. No evidence has been presellted '.vhich Sh01,,/S that the project will have a substantial imp2.ct on plant or animal life. City Council Resolution PLN2000-33 - 122 Shelley Page 2 -~ enue - Tentative Subdivision Map The applicants are hereby notified, as part of this application, that they are required to meet the following conditions in accordance with the Ordinances of the City of Campbell and the State of California. The lead department with which the applicant will work is identified. Additionally, the applicants are hereby notified that they are required to comply with all applicable Codes and Ordinances of the City of Campbell and the State of California that pertain to this development and are not contained herein. COMJVIUNITY DEVELOPMENT DEPARTMENT 1. Approved Proiect: Approval is granted for a Tentative Subdivision Map allowing the creation. of five (5) residential lots and a common lot for a five (5) unit townhouse develbpment on property located at 122 Shelley Avenue. The map shall substantially conform to the map prepared by Kirkeby Engineering, stamped as received on March 22, 2000. 2. Tree Protection Plan: 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. 3. 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 "vhich shall include the following: A. Formation of a home owner's association to ensure the long term maintenance of buildings and properties. B. Continued architectural controls to ensure the architectural integrity of the project. C. Definition for "common" areas to oe maintained. D. Provision of maintenance for common area landscaping. E. Provision for the lcng-term property maintenance for the driveway, buildings and common roofs to be repaired, repainted, and/or replaced as necessary. F. Provision of a funding mechanism to ensure maintenance and upkeep of common areas and shared building ',valls and roofs. G. Provision to require that the interior garage space shall be maintained a'/ailablc at all times for the parking of two vehicles. H. ?ro,'is;or: to prohibit use of uncoverec par:<ing spaces for outdoor storage purposes. .1 Par:-: Ir-rlct fee: A ['ark irrm;2.c :ee oT':;-.C35 oer uni: is due 'J:::cn develoDmer:: of the .... .... .. J.. to'.vnr.olJse c<Tieer. Crecl[ in the a:noCrlt ()f S 10.990 will be zi'/ei1 for the existin!2: sinzI.:- 1. ...i '.... _ .... famil:: residence. Prior to recordation of the final subdivision map, 75% of this fee is due. The remaining 25% is due prior to issuance of a certificate of building occupancy. 5. Prore~t'! Ml! '1 t~na:1Ce: T~e prcoery is to be :::.c.ir:t'li::ed free cf }r: y :cr:1bustib] e tr1sh. cebr: s ::..~~ ,.\-;~.J..; .~r_~~~ :..1~ ::L:-:: L::':C .lc:u~l CC-:lS:i"':C:: ;:. ::C<::..-:-..,~:1(~S. .:~;.~~ e.\i5ting struccu.:-es shJ.ll ce 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). City Council Resolution PLN2000-33 - 122 Shelley enue - Tentative Subdivision Map Page 3 PUBLIC WORKS DEPARTMENT: 6. Tentative Map: The applicant shall submit a Tentative Map for review by the City. The current application processing fee is $3,375.00. 7. Final Map: Prior to issuance of any grading or building permits for the site, the applicant shall submit a Final Map for review by the City and recordation, after approval, by the City Council. The current plan check fee is $1,450.00 plus $25 per lot. 8. Preliminary Title Report: Prior to recordation of the Tract Map, the applicant shall provide a current Preliminary Title Report. 9. Rie:ht-of-Wav for Public Street Purposes: Prior to recordation of the Final Map, the applicant shall grant additional Right-of- Way for Public Street Purposes along the Shelley A venue frontage to accommodate a 30 foot half street. The applicant shall cause all documents to be prepared by a registered civil engineerlland surveyor, as necessary, for the City's review and recordation. 10. Public Service Easement: Prior to recordation of the Final Map, the applicant shall gram a 10 foot Public Service Easement on private property contiguous with the public right-of-way along the Shelley A venue frontage. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, fer the City's review and review and recordation. 11. Easements: Prior to recordation of the Final Map, the applicant shall cause private Easements to be recorded as necessary. 12. Monuments: Prior to recording Final Map. applicant shall provide security guararaeeing the cost or setting all Monuments shown on the record map, as determined by the City Engineer. 13. Street ImDrovements: Prior to recordation of the Final Map, the applicant shall execute a street improvement agreement and shall cause plans for public Street Improvements to be Pre:J<lred bv a ree:istered civil engineer, Dav fees, post securitv and provide insur:lnce .i. ~ _ -_ J.. ~ ., necessary to obtain an encroachment permit for construction of the public improvements, as requi::~d by the City Engineer. The plans shall include the following: A. i<.econstruction of existi:1g pavement. rl''':s conforms at :te cer:terline and at tte c;:;.s:e:-:: and westerlv ends or the Droiect. .. J.- ~ B. Construction of ADA compliant driveway approach. C. Construction of standard attached sidewalk including street trees, tree wells, and irrigation system at approximately 40 on center. D. COC1stF.!ction of traffic ~')ntrcl. sr!"i::-es. :.:-d sig!1s. -. C.~~5:i"'~-=Ct~;):1 c.f J::-S:::: 3:,~r=-~-: -...:-:lin :'~c:~iti~s. . . City Council Resolution PLN2000-33 - 122 Shelley Page 4 - 'enue - Tentative Subdivision Map 14. Water Meter(s) and Sewer C1eanout(s): Existing and proposed Water Meter(s) and Sewer Cleanout(s) shall be installed on private property behind the public right-of-way line. 15. Soils Report: Prior to issuance of any grading or building permits for the site, applicant shall provide a Soils Report prepared by a registered geotechnical or civil engineer. 16. Utilities: All Utilities shall be installed underground in accordance with Section 20.36.150 of the Campbell Municipal Code for any new :r remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility compan,les. 17. 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. 18. Maintenance Securitv: Prior to issuance of occupancy approval for the site, all public street improvements required by the street improvement agreement and the encroachment permit must be completed and accepted by the City and the applicant must provide a one-year Maintenance Security in an amount of 25% of the Faithful Performance Bond. 19, Gradinz and Drainaze 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 engi:1eered Grading and Drainage Plan, and pay fees required to obtain necessary grading permits. The plans shall comply with the 1994 edition of the lJBC including Chapters 18, 33, and ADoendix Chaoter 33. .. .. .. 20. Storm Drain Area Fee: Prier to recordation of the Final Map, the applicant shall pay the reauired Storm Drain Are:l fee which is $956.00. 2 L Stor:n Water Pollution Prevention Measures: Prior to issuance of any grading or building permit3, the applicant shall comply with the National Pollution Discharge Elimination S'/stcm (SPDES) permittinz requirements :u,d the Ca1ifor;1ia Sterm \Vater Best :\L1r.azemem ~ ~ / ~. ~ . , 't 1 -l b 1 r. ,.. Q l' T 'r- S ..-, \'" p...:,......1"".."""~s n.~n(i oore 1""'Ir'3,......a~..~:..J. ,,. tJ."":'~ ......(C~ v\; ~te"'" !1J'"1I~r,; >'$'( !""""TCO arta I :1r'.:t ll'e\/ ~(;,.;._.~.............. ....~ - ,tJ -:--.."-' ~'........ v ....~l __... 4.4..........: _...... '-'......~ .... _............. ." \",v ~ D' '.r; v, d t1-. C' .,: r, :"'~l' \I"~' '~n! C, -l ~ n .1;,...- S. 'iV"""''' D.~.:;,,"; ,r> "(.tlC. IS..i;C,1fl ue lty 0, ._amp~'-d. .)~LICI1:-'d' OLe legu.r"'d16 lorm ~.~, ~ '-1,_.,Cd Frever.[ion. 22. Demolition: Prior to recording of the Final Map/Parcel Map the applicant shall obtain a Demolition permit to remove existing non-conforming structures. , . City Council Resolution PLN2000-33 - 122 Shelley enue - Tentative Subdivision Map Page 5 PASSED AND ADOPTED this 2nd day of May , 2000, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN : COUNCll..MEMBERS: Dougherty, Furtado, Watson, Dean, Kennedy COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: None APPRO AITEST: a~,--<- Anne Bybee; City Clerk .. ,,}I'" IS .l ~Ul! ......",,"OING INST?'\jO';-~E ORIGINAl.. ~E c",,-- COI"{' o CORP.EeT "1'\OS. AM ::1~ IN JHIS Q, c\.Zl.l<. CI1'V ON . "~,, 01T'f e .Y.C_. ~~Qj: "'~I~, C;>.L1FOR1'\\.... --:"\,. ~\ Of C;.:.MPS~-"7. ".~. ,~~'\ ~. \ 'wi ~ -.5J... ~ ,'..,06;"~ \. \ ........l S'l~"~1j.. ..:\/'\. ~_.-J . . . "", :--.. '::> ./' OI"TEO" 1 I. lu~ ~) \ ' \ I J RESOLUTION NO. 9676 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A PLANNED DEVELOPMENT PERMIT (PLN2000-34) AND TREE REMOV AL PERMIT (PLN2000-38) TO ALLOW THE CONSTRUCTION OF FIVE TOWNHOiVIE UNITS ON PROPERTY LOCATED AT 122 SHELLEY AVENUE IN' A PD (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. GLEN CAHOON. After notif1cat~on 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 finds as follows with regard to File No. PLN2000-34 (PD)/PLN2000-38 (TRP): 1. The proposed Planned Development Permit is consistent with [he Land Use Element of the General Plan. 2. The proposed density of 10.42 units per gross acre is no greater than the density allowance of 6-13 units per gross acre permitted in the R-M-S (Multiple-Family R~sidential) Zoning District. 3. The proposed massing and design is consistent with other developments in the surrounding area and is consistent with the development standards for residential uses. 4. The provision of CC&Rs requiring the formation of a horr:eowner's association is necessary to ensure the long term property maintenance and continued architectural integrity of the project. 5. The proposed removal of nine (9) existing trees on site is necessary as it restricts the economic enjoyment of the property and creates an unusual hardship fer the property owner (0 de'ielopment the project as proposed. 6. The removal of seme of the existhg trees on site is propesed iue to the peor condition of the trees as indicated in the certified arborist report submitted by the ap~licant: the other trees to be removed on site :lre net orotected under the Ct;' s Tree Protection Ordi::::.nce. '- . 7 4\~ in:tia: St1..:d-'/ \V:.lS DrelJarec. f)r [>.ls "":i,J;:::ct and no siznificar:: ~r:vironrr:er:t3.1 impac:s ~,;:,;~r~ four~d. . .1..- _ .;. .J _ ..... 'City Council Resolution PLN2000-34/PLN2000-380-L Shelley Avenue-Planned Developme &: Tree Removal Permits Page 2 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 propo.sed development will not result in allowing more residential units than would be allowed by other. residential zoning districts which are consistent with the general plan designation of the property; and 4. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 5. No substantial evidence has been presented which shows that the project, as currently presented. and subject to the required conditions of approval, will have a significant adverse impact on the environment. 6. No evidence has been presented which shows that the project will have a substantia] Impact on piant or animal life. The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions. in accordance with the ordinances of the Citv of Camobell and the State of California. The . ~ . !e:lG department with which the applicant will work is identified on each condition where necessary. 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: COMMc~ITY DEVELOPJYIENT DEPARTlVIENT 1. Aprroved Project: Approval is granted to construct a 5-unit townhouse development consisting of '2 two-swry buildings. The buildiag designs and site design shall substantially con:"or;;1 to the project exhibits listed below, except as may be modified by the Conditions of Approval herein: A. Site Pla:1 ;Jrepared by Glen Cahoon. stamped as recei'/ed on Yrarch 22. 2000. 0. Bl:ildi02 ;;kvations. roef obns a:::d fleor Dlans Dre:Jared bv Glen Cahoon, stamped as re~e:..ec: - ... ..1.,........ ... er. ~brch 22, 2000. C. Color and material boards submitted by Glen Cahoon. D. Tentative Subdivision Map prepared by Kirkeby Engineering, stamped as received on March 22, 2000. .r.e ;:sd Sit: ?~lr.: Prier LO LSUCi:1Ce of bui:'ding pcr:nits, the applicant shall submit a reviseci site plan to be reviewed and approved by the Community Development Director, adjusting the -ci~y Council Resolution PLN2000- 34/PLN2000- 380- I. Page 3 --- 3helley A venue-Planned Developme. ll. Tree Removal Permits placement of the two front units, closest to Shelly A venue, back towards the western property line to accommodate the installation of. a minimum two-foot wide landscaping strip along the east property line. 3. Building Division Requirements: A. Permits Required: A building permit application shall be required for the proposed structures. The building permit shall include electrical, plumbing, and mechanical fees when such work is part of the permit. B. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of construction plans submitted for building permit. C. Size of Plans: The maximum size of construction plans submitted for building permits shall be 24 inch x 36 inch. The minimum size is 18 inch x 24 inch. D. Soils Report: Two copies of a current soils report, prepared to the satisfaction of the Building Official, containing foundation and retaining wall design recommendations shall be submitted with the building permit application. This report shall be prepared by a licensed civil engineer specializing in soils mechanics. E. 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: 1. pad elevation ') finished floor ele'lation (first floor) 3. foundation corne:- locations F. Title 24 Enerzv ComDliance: Califor:1ia Title 24 Energy Compliance forms CF-IR and MF-IR shall be blue-lined on construction plans. G. Soecial Inspections: \Vhen a special inspection is required by DBC Section 1701. the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building OfficiJ.I for approval prior to issuance of building permits, in accordance with CBC Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Lispection Di',.risicn :;:,unter. H. Non-Point Source ':)!'.t:'ol: The Cicy of Campbell, standard Santa Clara V1L=~; ::--':on-pcinr S "'l'~""'<::lo Po~l..t-~I""'; (- "'--~-""",' D-oCrr\m .....--~,....;.;....:c~.1t;on s'ne""t 'h~11 hQ; p,...:-t 1: -h,..3 1"').1''11' _..'~~:-t'11 ~!.....,~ Vc..'.__ . 1.(..,.".: \_,..u~. J. _ :::.":'1 .:JJ:-~",.l~ "" l' 1 __ ~ ...,1 v" <l... '~l '_. __ t' ,,",. .:Jc.~......... 1:.", sceci:-ication she;:: .s:ze ::::.J. inch x 36 ::1ch) is available at the Buildin-z Divisicn se:-<ce coun~er. .a.'- ...... I. Aoorovals Required: The project requires the following agency approval prior to issuance of the building permit: il. \'-~~:~t \,J";2:!I:-V S _l:.~.l_:~:~;: =>~~:=-~:~ c. s._~:-:~:J. Cl:lLl CCL:JL:' C:~~~ 0::p~t:ri~e~: 'City Council Resolution PLN2000-34/PLN2000-380-L Shelley Avenue-Planned Developmel.. ~ Tree Removal Permits Page 4 c. School Districts (Campbell. Union School District, Moreland School District, Cambrian School District) d. County Health Department (if required) 4. Landscaping: A. The applicant shall submit landscape and irrigation plans to be reviewed and approved by the Community Development Director. The landscape and irrigation plans shall designate all landscaped areas to be commonly maintained throughout the development. B. The applicant shall be permitted to remove nine (9) trees on site as specified in the applicant's Tree .Removal Permit application, based upon the information provided by the applicant and the certified arborist report submitted with the application, C. The applicant shall be required to provide replacement trees for the trees approved to be removed, in accordance with the replacement ratio requirements of the City's Tree Protection Ordinance. D. 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. E. The applicant shall submit a revised site plan to the Community Development Director, adjusting the placement of the front units closest to Shelley Avenue, to allow the installation of a :1iinimum two-foot wide planting buffer along the eastern property line of the project adjacent to the driveway. F. The applicant shall be required to make every effort to retain the existing Fruitless }.Iulberry trees located along the easterly property line. These trees shall not be permitted to be removed until approval has been granted by the Community Development Director. 5. Parkin.! ,md Drivewav: A. All parking and ,driveway areas shall be developed in compliance with Chapter 21.50 of the Ca::1pbell ~lunicipal Code. B. The applicant shall provide decorative pavement within the driveway and in front of the garages where uncovered parking spaces are provided in the development. The design and materials to be used for the decorative pavement shall be reviewed and approved by the Community De'/elopm.::nt Director prior to issuance of building permits for the project. 6. C)\e:1:.:ncs. Cedes a::1C Restrictions (CC&'Xs): r;le applicant shall be requirec u suC,T.it [or revi.::w and ap;;rova! by the City Attorney and Community De'/elopment Director a copy cf tr:e CC&Rs X:l:C;l ~h:llI iilclL:de the ~cllowing: A. For:nation of a home owner's association to ensure the long term maintenance of buildings and properties. B. Continued architectural controls to ensure the architectural integrity of the project. ,- C.~~~~=-.:::c ~ fe.=- ~\:;=\~.1~~:)C" a:'.=~s tG be ::-:2:.r. ~:l::-::(:. =- 2:-: :,,:::-. .:r n:.lif1[.;::a::1ce for COr;1I:1Cn areJ.lancscaping. -City Council Resolution PLN2000-34/PLN2000-380-t :;helley Avenue-Planned Developme. l. Tree Removal Permits Page 5 E. Provision for the long-term property maintenance for the driveway, buildings and common roofs to be repaired, repainted, and/or replaced as necessary. F. Provision of a funding mechanism to ensure maintenance and upkeep of common areas and shared building walls and roofs. G. Provision to require that the interior garage space shall be maintained available at all times for the parking of two vehicles. H. Provision to prohibit use of uncovered parking spaces for outdoor storage purposes. 7. Park Impact Fee: A park impact fee of $7,035 per unit is due upon development of the townhouse project.. Credit in the amount of $10,990 will be given for the existing single-family residence. 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. 8. Fences: Any newly proposed fencing shall comply with Section 21.59.090 of the Campbell Municipal Code and shall be submitted for review and approval by the Community Development Departmen t. 9. Propertv 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 Cede). 10. Utility Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to installation of PG&E utility (transformer) boxes and San Jose Water Company back-flow preventers, indicating the location of the boxes and screening (if the boxes are above ground) for approval by the Planning Division. 11. Trash DisDosaIlRecvClin~: The applicant shall submit details regJ.rding the design and location of trash disposal/recycling facilities to the City for review and approval prior to issuance of building permits. 12. On-site lizhtim:: On-sit~ 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 li~htinz for the rr,::ie::: shall be reviewed 1nd apProved bv the Coor:1t:n:tv Develom::e:1c Direc:or '-' '-" r -' ... ~ ".L prior to installarior: cf tl:.e lighting. Lighting fixtures shall ce cf a decorati'Ie design tc be -'\ +-;"",1~ \~.~rh .l",..::. -::)..~.; -: ....t;,.)l ,.-; '{, 1. t comi:'aL.~l~ ,~..11 L..I.. . _~,'_e.,..c;.. ",e/el0pmen . 13. Gara~es: Garages shall be maintained at all times in such a way that they are available for the parking of automobiles. . .City Council Resolution PLN2000- 34/PLN2000- 380-1 Page 6 - Shelley A venue-Planned Developme. 1 Tree Removal Permits CENTRAL FIRE DISTRICT: 14. Required Fire Flow: Required fire flow for this project is 1,750 GPM at 20 psi. residual pressure. The required fire flow is available from area water mains and fire hydrants which are spaced at the required spacing. 15. Fire Apparatus (Engine) Access Roads Required: Provide access roadways with a paved all weather surface and a minimum unobstructed width of 20 feet, vertical clearance of 13 feet 6 inches, minimum circulating radius of 36 feet outside and 23 feet inside, and a maximum slope of 15%. Installations shall conform with Fire Department Standard Details and Specifications A-I. 16. Fire De?artment (Engine) Roadway Turnaround Required: Provide an approved fire department engine roadway turnaround with a minimum radius of 36 feet outside and 23 feet inside. Installations shall conform with Fire Department Standard Details and Specifications A-I. Verify compliance with Standard A-I. 17. Fire Lane Marking Required: Provide marking for all roadways within the project. Markings shall be per fire department specifications. Installations shall also conform to Local Government Standards and Fire Department Standard Details and Specifications A-6. 18. Reauired Access to Water Supplv (Hvdrants): Portions of the structure(s) are greater than 150 feet of tra'/el distance from the centerline of the roadway containing public fire hydrants. Provide an on-site fire hydr:mt OR provide an approved fire sprinkler system throughout all portions of the building. Note specifically units 2, 3,4 and 5. 19. 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 background. PCBLIC "YORKS DEPARTMENT: 20. Tentative Man: The applicant shall submit a Tentative Map for review by the City. The current applic:ltion processing fee is $3,375.00. 21. Final Mac: Prior to issuance of any grading or building permits for the site, the applicant shall submit a Fi:lal .\tL2? for review by the Cit:1 and recordation, af:e, appro'/al, b:- the City Ceu::.:il. The curr~lit plaT: check fee is S 1,450.00 plus 525 per lot. 22. P:'eiimioclr'l Tit:e R:;'xr~: Prior to recorca,ion of the Tract Map, the applic3.:1t sh3.11 pro'ilce a cur;-ent Preliminary Title Report. 23. Right-of-Wav for Public Street Purposes: Prior to recordation of the Final Map, the applicant shall 'I'-2.::t 2.ddi'ior:al Ri'zr.t-of-Wav for Pllb~ic Street P'.::-::'oses alcn:::: tte Shdle'; A';~:::= ~:-'::r~:::.::::: ~\) "- - '" ... - .. -- , ..., _,~"n4 ~ ~,,~ -."'\ -",- ..... 1 ~'.c ..,r,..-::l.'::':- ~1.....;::lr. ~:"".....1;:""",,",1-"'!-'111 '""au'e a;l~ ,":.""'\ "~lm~:"""t'. -:-....... ;"".:.30 ~-'='''''-'-,~I-': h\, a ..:..--- J..~. ..',j(_;":'",,",, a.:) .~__i....I_ Dl...4i1 Si.L'...."-... l.i~,- <"O'.t"~,L.-'-'-L.\. ..)l~..... 1 \"., :, - J. '-..'-"1....:.....:. ..........il ..) ""C ........... l:J.......~(....i.. ""u. v.,' - registered civil engineer/land surveyor, as necessary, for the City's review and recordation. . 'City Council Resolution PLN2000-34/PLN2000-380-1 3helley Avenue-Planned Developme l Tree Removal Permits Page 7 24. Public Service Easement: Prior to recordation of the Final Map, the applicant shall grant a 10 foot Public Service Easement on private property contiguous with the public right-of-way along the Shelley A venue frontage. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and review and recordation. 25. Easements: Prior to recordation of the Final MllP, the applicant shall cause private Easements to be recorded as necessary. 26. Monuments: Prior to recording Final Map, applicant shall provide security guaranteeing the cost of setting all Monuments shown on the record map, as determined by the City Engineer. 27. Street Improvements: Prior to recordation of the Final Map. the applicant shall execute a street improvement agreement and shall cause plans for public Street Improvements to be prepared by a registered ci viI engineer, pay fees, post security and provide insurance necessary to obtain an encroachment permit for construction of the public improvements, as required by the City Engineer. The plans shall include the following: · Reconstruction of existing pavement, plus conforms at the centerline and at the easterly and westerly ends of the projecL . Construction of ADA compliant driveway approach. · Construction of standard attached sidewalk including street trees, tree wells, and IITIgatlOn system at approximately -+0 on center. · Construction of traffic control, stripes, and signs. . Construction of off-site storm drain facilities. 28. 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. 29. Soils Re'Jort: Prior to issu::mce of any grading or building permits for the site, applicant shall provide a Soils Report prepared by a registered geotechnical or civil engineer. 30. Utilities: All Utilities shall be installed underground in accordance with Section 20.36.150 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. 31. Utilit'! Insta1l2tior. Plan: Pr:or to issuance of building per:nits for the site, the applicant shall submit :l F:ilic/ Ir.sullacion CC'Jfcir.aticn Plan and Schedule fer appro'/:3-l O'! the Cit'v' E:1S!inee: for ~ oJ .._ instaliaticn cf st,e::t improveme:1ts 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. .32. :iLtinter,:l:1c.: S-.:":L:;'icY: Pr:cr LO issuanc,; or" occupancy approvai tor (he site, all pubiic street improvements required by the street improvement agreement and the encroachment permit must be ,-City Council Resolution PLN2000-34/PLN2000-380-1'- ,)helley A venue-Planned Developme - ~ Tree Removal Permits Page 8 completed and accepted by the City and the applicant must provide a one-year Maintenance Security in an amount of 25% of the 'Faithful Performance Bond. 33. Grading and Drainage Plan: Prior to issuance of any grading or building permits for the site, the applicant shall conduct hydrology studies based on a 10 year storm frequency, prepare an engineered Grading and Drainage Plan, and pay fees required to obtain necessary grading permits. The plans shall comply with the 1994 edition of the UBC including Chapters 18,33, and Appendix Chapter 33. 34. Storm Drain Area Fee: Prior to recordation of the Final Map, the applicant shall pay the required Storm Drain Area fee, which is $956.00. 35. 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 \-Vater Quality Task Force, Santa Clara Valley Water District and the City of Campbell Munidpal Code regarding Storm Water Pollution Prevention. 36. Demolition: Prior to recording of the Final Map/Parcel Map the applicant shall obtain a Demolition permit to remove existing non-conforming structures PASSED Al~D ADOPTED this 2nd day of Mav , 2000, by the following roll call vote: AYES: ~OES: ABSE0TT: ABSTA1l\: COUNCILMEMBERS: COUNCILlvIEMBERS: COll'iCILMEMBERS: COUNCILMEMBERS: Dougherty, Furtado, Watson, Dean, Kennedy None None None APPRO V 4" ~J / /7 / // ' \TT',:"t;;'r. /__.. . /~t.(..- " ~~.L. ,/"" 7____~ An:1e Bybee, City Clerk R \ ~S\J~ ~. ;..<.'-!' o_(\\;~\;\",l. v.... 1~"C'::,: <;..",.~- ., "'GC\~'''' "".' ;' .,- ~", cC'- 0<; ~ . "'v ~ . (;j:)"p.SC'f (''fi'.C..' ..p.\<., (;1 I "( ~ \...." ~ .. \I' -;,..:,\6 - C\'f'l C\..- . \).i ~ \ .-1 ,\\.- .....:o;:E.;:.. \ll-- \\. ('\0-' ) ...... . p.l"~ " ;:J.J;:C~'" ~~,,__..- ~-rr--~~~~ ~~ -- \--.) 'C.!~c \~,., \~ i ___~ ::"f' ;;:;:-~-:- :jj-.=::/-- ~o~ \ \ '.J HANNA & VAN AnA ATIORNEYS AT LAW A PAKI'NI!ItSIlIP OF PRoPllSSlONAL CoIuooItAnONS 525 UNIVERSITY AVENUE, SUITE 705 PALO ALTO, CALIFORNIA 94301 JOHN PAUL HANNA A PROFESSIONAL CORPORATION TELEPHONE (650) 321-5700 DAVID M. VAN ATIA A PROFESSIONAL CORPORATION E-MAIL: daVidV1(i.~ June 23 2000 Medhi Shahmirza MSI Consulting Engineers 1400 Coleman Street, Suite C23 Santa Clara, CA 95050 Re: Shelley Avenue Townhouse Project - Draft Documents for City Submittal Dear Mr. Shahmirza: Enclosed please find two copies of the draft declaration of covenants for the Shelley Avenue project in Campbell, California. These drafts are for submittal to the City for review. These drafts should be reviewed by you and the architect to be sure that the document covers all of your concerns for the project. The documents will also have to be submitted to the State of California Department of Real Estate as part of your application for obtaining a public report to sell the residences. We will work with you at a later time on that aspect of this project. cc: Glen Cahoon wi enclosure - Of'CA4t 4,' /.l~ f.... .'(t. ... .1: r" U ," t"" .. "- -So ' <. ~ ,-,' 'O.qCHA tl'O CITY OF CAMPBELL City Clerk's Office May 18,2000 Glen Cahoon 296 Kansas Way Fremont, CA 94539 Dear Mr. Cahoon: At the regular meeting of May 16, 2000, the City Council adopted Ordinance No. 1986 approving a Zone Change (PLN 2000-32) from R-M-S (Multiple Family Residential) to PD (Planned Development) for property located at 122 Shelley Avenue. A certified copy of this Ordinance is enclosed for your records. Should you have any questions in regard to the City Council's action, please do not hesitate to contact this office (866-2117) or Aki Irani, Planner I, Community Development Department. Sincerely, ~~ Anne Bybee City Clerk Ene. ce. Aki Irani, Community Development Department. 70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2117 . FAX 408.3746889 . TOD 408861' 2790 ~ ""- ORDINANCE NO. 1986 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AMENDING THE ZONING MAP FOR PROPERTY LOCATED AT 122 SHELLEY A VENUE, AS SHOWN ON THE A TT ACHED EXHIBIT A. APPLICATION OF MR GLEN CAHOON. FILE NO. PLN2000-32 (ZC). 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 ehanged and amended by adopting the attaehed Exhibit A, entitled Map of Said Property, as per the applieation of Mr. Glen Cahoon, for approval of a Zone Change for property located at 122 Shelley Avenue, from R-M-S (Multiple Family Residential) to PD (Planned Development). SECTION TWO: This Ordinance shall become effective thirty (30) days following its passage and adoption and 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 16th following roll call vote: day of May , 2000, by the AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: Dougherty, Furtado, Watson, Dean, Kennedy COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: None /") ATTEST: U~J-~<''- Anne Bybee, City Clerk THE FOflEGOING INSTRUH"NT IS A TRUE AND CORRECT COP'" Of THE ORIGINAL ON FILE IN THIS OFI'iC"" If. ST: ANNE BYBEE, CITY CLERK, CITY OF ~ElL, CALIFORNIA. ~~~ (,jA Ck-.~ MEMORANDUM To: Aki Irani, Planner I Community Development Department J~mSley D~t~ty City Clerk May 4, 2000 From: Re: Subject: 122 Shelley Avenue - Application of Mr. Glen Cahoon PLN2000-32, PLN2000-33, PLN2000-34 and PLN2000-38 Please find attached copy of letter written to applicant, Mr. Glen Cahoon, in follow-up to City Council action in regard to approval of Zone Change (pLN200-32), Tentative Subdivision Map (PLN2000-33); Planned Development Permit (pLN2000-34); and Tree Removal Permit (PLN2000-38) for property located at 122 Shelley Avenue. Second reading of Ordinance 1986 approving Zone Change for the above mentioned property is agendized for the regular City Council meeting of May 16, 2000. A certified copy of this Ordinance will be forwarded to you at that time. Certified copies of Resolution No. 9675 (approval of Tentative Subdivision Map) and Resolution No. 9676 (approval of Planned Development Permit and Tree Removal Permit) are attached for your files/records. Of' CJ\<it ~. ",o~ ~ l':,~'~'" ~ ",~,,<"<i,,""".':"r"' U '" ','. " !'" ... . .:. ..-\ .. - ~,- ' ~ 'So -- ..~,.a;,.a.",,,_ "'- ~. ,,' O~CHA\l'O. CITY OF CAMPBELL City Clerk's Office May 4, 2000 Mr. Glen Cahoon 296 Kansas Way Fremont, CA 94539 Dear Mr. Cahoon: At the regular meeting of May 2, 2000, the City Council held a public hearing to consider your application, on behalf of Shelley Properties LLC, for approval of a Zone Change (PLN 2000- 32) from an R-M-S zoning district to a Planned Development (PD) zoning district, a Tentative Subdivision Map (PLN 2000-33), a Planned Development Permit (PLN 2000-34), and a Tree Removal Permit (PLN 2000-38) to allow the construction of a five (5) unit townhouse development on property located at 122 Shelley Avenue. After due discussion and consideration, the City Council took the following action: 1. Granted a Negative Declaration for the proposed project; 2. Gave first reading to Ordinance 1986 approving a Zone Change (PLN 2000-32) from R-M-S to PD (planned Development) for property located at 122 Shelley Avenue. Second reading of this Ordinance will be heard at the regular City Council meeting of May 16, 2000. A certified copy of the Ordinance will be forwarded to you after this meeting. 3. Adopted Resolution No. 9675 approving a Tentative Subdivision Map (pLN 2000-33) to allow the creation of five parcels on property located at 122 Shelley A venue, subject to conditions of approval. A certified copy of this Resolution is enclosed for your records. 4. Adopted Resolution No. 9676 approving a Planned Development Permit (PLN 2000-34) and Tree Removal Permit (PLN 2000-38) to allow the construction of five townhome units on property located at 122 Shelley A venue, subject to conditions of approval. A certified copy of this Resolution is enclosed for your records. Continued .... 70 North First Street . Campbell, California 95008.1423 . TEL 408.866.2117 . FAX 408.374.6889 . TDD 408.866.2790 Page 2 Should you have any questions in regard to the City Council's action, please do not hesitate to contact this office (866-2117) or Aki Irani, Planner I, Community Development Department. Sincerely, ?LM<~ Anne Bybee City Clerk Enc. cc. Aki Irani, Planner I, Comm. Develop. Dept. RESOLUTION NO. 9675 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A TENT A TIVE SUBDIVISION MAP (PLN2000-33) TO ALLOW THE CREATION OF FIVE PARCELS ON PROPERTY LOCATED AT 122 SHELLEY A VENUE. APPLICATION OF MR. GLEN CAHOON. FILE NO. PLN2000-33 (TS). After notification and public hearing, as specified by law, and after presentation by the Community Development Staff, 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 PLN2oo0-33 (TS): 1. The proposed subdivision density of 10.42 units per gross acre is no greater than the density allowance of 6-13 units per gross acre permitted in the Low-Medium Density Residential land use shown on the Land Use Element of the General Plan. 2. An initial study was prepared for this project and no significant environmental impacts were found. 3. The provisions of the CC&Rs are necessary to ensure the long term property maintenance and continued architectural integrity of the project. 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 and the public service needs of its residents and available fiscal and environmental resources. 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. No evidence has been presented which shows that the project will have a substantial impact on plant or animal life. City Council Resolution PLN2000-33 - 122 Shelley Avenue - Tentative Subdivision Map Page 2 The applicants are hereby notified, as part of this application, that they are required to meet the following conditions in accordance with the Ordinances of the City of Campbell and the State of California. The lead department with which the applicant will work is identified. Additionally, the applicants are hereby notified that they are required to comply with all applicable Codes and Ordinances of the City of Campbell and the State of California that pertain to this development and are not contained herein. COMMUNITY DEVELOPMENT DEPARTMENT I. Approved Proiect: Approval is granted for a Tentative Subdivision Map allowing the creation of five (5) residential lots and a common lot for a five (5) unit townhouse development on property located at 122 Shelley Avenue. The map shall substantially conform to the map prepared by Kirkeby Engineering, stamped as received on March 22, 2000. 2. Tree Protection Plan: 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. 3. 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 home owner's association to ensure the long term maintenance of buildings and properties. B. Continued architectural controls to ensure the architectural integrity of the project. C. Definition for "common" areas to be maintained. D. Provision of maintenance for common area landscaping. E. Provision for the long-term property maintenance for the driveway, buildings and common roofs to be repaired, repainted, and/or replaced as necessary. F. Provision of a funding mechanism to ensure maintenance and upkeep of common areas and shared building walls and roofs. G. Provision to require that the interior garage space shall be maintained available at all times for the parking of two vehicles. H. Provision to prohibit use of uncovered parking spaces for outdoor storage purposes. 4. Park Impact Fee: A park impact fee of $7,035 per unit is due upon development of the townhouse project. Credit in the amount of $10,990 will be given for the existing single- family residence. Prior to recordation of the final subdivision map, 75% of this fee is due. The remaining 25% is due prior to issuance of a certificate of building occupancy. 5. 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). City Council Resolution PLN2000-33 - 122 Shelley Avenue - Tentative Subdivision Map Page 3 PUBLIC WORKS DEPARTMENT: 6. Tentative Map: The applicant shall submit a Tentative Map for review by the City. The current application processing fee is $3,375.00. 7. Final Map: Prior to issuance of any grading or building permits for the site, the applicant shall submit a Final Map for review by the City and recordation, after approval, by the City Council. The current plan check fee is $1,450.00 plus $25 per lot. 8. Preliminary Title Report: Prior to recordation of the Tract Map, the applicant shall provide a current Preliminary Title Report. 9. Right-of-Way for Public Street Purposes: Prior to recordation of the Final Map, the applicant shall grant additional Right-of-Way for Public Street Purposes along the Shelley Avenue frontage to accommodate a 30 foot half street. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 10. Public Service Easement: Prior to recordation of the Final Map, the applicant shall grant a 10 foot Public Service Easement on private property contiguous with the public right-of-way along the Shelley A venue frontage. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and review and recordation. 11. Easements: Prior to recordation of the Final Map, the applicant shall cause private Easements to be recorded as necessary. 12. Monuments: Prior to recording Final Map, applicant shall provide security guaranteeing the cost of setting all Monuments shown on the record map, as determined by the City Engineer. 13. Street Improvements: Prior to recordation of the Final Map, the applicant shall execute a street improvement agreement and shall cause plans for public Street Improvements to be prepared by a registered civil engineer, pay fees, post security and provide insurance necessary to obtain an encroachment permit for construction of the public improvements, as required by the City Engineer. The plans shall include the following: A. Reconstruction of existing pavement, plus conforms at the centerline and at the easterly and westerly ends of the project. B. Construction of ADA compliant driveway approach. C. Construction of standard attached sidewalk including street trees, tree wells, and irrigation system at approximately 40 on center. D. Construction of traffic control, stripes, and signs. E. Construction of off-site storm drain facilities. City Council Resolution PLN2000-33 - 122 Shelley Avenue - Tentative Subdivision Map Page 4 14. 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. 15. Soils Report: Prior to issuance of any grading or building permits for the site, applicant shall provide a Soils Report prepared by a registered geotechnical or civil engineer. 16. Utilities: All Utilities shall be installed underground in accordance with Section 20.36.150 of the Campbell Municipal Code for any new 0r remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companIes. 17. 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. 18. Maintenance Security: Prior to issuance of occupancy approval for the site, all public street improvements required by the street improvement agreement and the encroachment permit must be completed and accepted by the City and the applicant must provide a one-year Maintenance Security in an amount of 25% of the Faithful Performance Bond. 19. Grading and Drainage Plan: Prior to issuance of any grading or building permits for the site, the applicant shall conduct hydrology studies based on a 10 year storm frequency, prepare an engineered Grading and Drainage Plan, and pay fees required to obtain necessary grading permits. The plans shall comply with the 1994 edition of the UBC including Chapters 18, 33, and Appendix Chapter 33. 20. Storm Drain Area Fee: Prior to recordation of the Final Map, the applicant shall pay the required Storm Drain Area fee which is $956.00. 21. 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. 22. Demolition: Prior to recording of the Final Map/Parcel Map the applicant shall obtain a Demolition permit to remove existing non-conforming structures. City Council Resolution PLN2000-33 - 122 Shelley Avenue - Tentative Subdivision Map Page 5 PASSED AND ADOPTED this 2nd day of May , 2000, by the following roll call vote: AYES: NOES: ABSENT: ABST AIN: COUNCILMEMBERS: Dougherty, Furtado, Watson, Dean, Kennedy COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: None APPRO ATIEST: tJ~^- Anne Bybee, City Clerk ~'T IS A TflUI REGOII4G IN5'TRU~e..,.HE ORIGINAL ttI2 FO EC'T COI''( 0 ANO f\~R~ 'THIS OFFICE, o\.2R~ CITt (I _. \L 0\Il ME B'l'eEE. CITt I, Ie ~ Ii. : AM CA\.IFOfU'll,.. . ,~\)J'\ OF BELL. . ~.:...J ----.J RESOLUTION NO. 9676 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A PLANNED DEVELOPMENT PERMIT (PLN2000-34) AND TREE REMOVAL PERMIT (PLN2000-38) TO ALLOW THE CONSTRUCTION OF FIVE TOWNHOME UNITS ON PROPERTY LOCATED AT 122 SHELLEY A VENUE IN A PD (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. GLEN CAHOO~~. 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 finds as follows with regard to File No. PLN2000-34 (PD)/PLN2000-38 (TRP): 1. The proposed Planned Development Permit is consistent with the Land Use Element of the General Plan. 2. The proposed density of 10.42 units per gross acre is no greater than the density allowance of 6-13 units per gross acre permitted in the R-M-S (Multiple-Family Residential) Zoning District. 3. The proposed massing and design is consistent with other developments in the surrounding area and is consistent with the development standards for residential uses. 4. The provision of CC&Rs requiring the formation of a homeowner's association is necessary to ensure the long term property maintenance and continued architectural integrity of the project. 5. The proposed removal of nine (9) existing trees on site is necessary as it restricts the economic enjoyment of the property and creates an unusual hardship for the property owner to development the project as proposed. 6. The removal of some of the existing trees on site is proposed due to the poor condition of the trees as indicated in the certified arborist report submitted by the applicant; the other trees to be removed on site are not protected under the City's Tree Protection Ordinance. 7. An initial study was prepared for this project and no significant environmental impacts were found. City Council Resolution PLN2000-34/PLN2000-380-122 Shelley A venue-Planned Development & Tree Removal Permits Page 2 Based upon the foregoing findings of fact, the City Council further finds and concludes that: I. The proposed development and uses clearly will result in a more desirable environment and use of the land than would be possible under any other zoning classification. 2. The development and uses will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 3. The proposed development will not result in allowing more residential units than would be allowed by other residential zoning districts which are consistent with the general plan designation of the property; and 4. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 5. No substantial evidence has been presented which shows that the project, as currently presented. and subject to the required conditions of approval, will have a significant adverse impact on the environment. 6. No evidence has been presented which shows that the project will have a substantial impact on plant or animal life. The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions, in accordance with the ordinances of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. 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 I. Approved Project: Approval is granted to construct a 5-unit townhouse development consisting of 2 two-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. Site Plan prepared by Glen Cahoon, stamped as received on March 22, 2000. B. Building elevations, roof plans and floor plans prepared by Glen Cahoon, stamped as received on March 22, 2000. C. Color and material boards submitted by Glen Cahoon. D. Tentative Subdivision Map prepared by Kirkeby Engineering, stamped as received on March 22, 2000. 2. Revised Site Plan: Prior to issuance of building permits, the applicant shall submit a revised site plan to be reviewed and approved by the Community Development Director, adjusting the -, City Council Resolution PLN2000-34/PLN2000-380-122 Shelley Avenue-Planned Development & Tree Removal Permits Page 3 placement of the two front units, closest to Shelly A venue, back towards the western property line to accommodate the installation of a minimum two-foot wide landscaping strip along the east property line. 3. Building Division Requirements: A. Permits Required: A building permit application shall be required for the proposed structures. The building permit shall include electrical, plumbing, and mechanical fees when such work is part of the permit. B. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of construction plans submitted for building permit. C. Size of Plans: The maximum size of construction plans submitted for building permits shall be 24 inch x 36 inch. The minimum size is 18 inch x 24 inch. D. Soils Report: Two copies of a current soils report, prepared to the satisfaction of the Building Official, containing foundation and retaining wall design recommendations shall be submitted with the building permit application. This report shall be prepared by a licensed civil engineer specializing in soils mechanics. E. 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: I. pad elevation 2. finished floor elevation (first floor) 3. foundation corner locations F. Title 24 Energv Compliance: California Title 24 Energy Compliance forms CF-IR and MF-IR shall be blue-lined on construction plans. G. Special Inspections: When a special inspection is required by UBC 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 building permits, in accordance with UBC Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division counter. H. Non-Point Source Control: The City of Campbell, standard Santa Clara Valley Non-point Source Pollution Control Program specification sheet shall be part of the plan submittal. The specification sheet (size 24 inch x 36 inch) is available at the Building Division service counter. 1. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. West Valley Sanitation District b. Santa Clara County Fire Department City Council Resolution PLN2000-34/PLN2000-380-122 Shelley Avenue-Planned Development & Tree Removal Permits Page 4 c. School Districts (Campbell Union School District, Moreland School District, Cambrian School District) d. County Health Department (if required) 4, Landscaping: A. The applicant shall submit landscape and irrigation plans to be reviewed and approved by the Community Development Director. The landscape and irrigation plans shall designate all landscaped areas to be commonly maintained throughout the development. B. The applicant shall be permitted to remove nine (9) trees on site as specified in the applicant's Tree Removal Permit application, based upon the information provided by the applicant and the certified arborist report submitted with the application. C. The applicant shall be required to provide replacement trees for the trees approved to be removed, in accordance with the replacement ratio requirements of the City's Tree Protection Ordinance. D. 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. E. The applicant shall submit a revised site plan to the Community Development Director, adjusting the placement of the front units closest to Shelley A venue, to allow the installation of a minimum two-foot wide planting buffer along the eastern property line of the project adjacent to the driveway. F. The applicant shall be required to make every effort to retain the existing Fruitless Mulberry trees located along the easterly property line. These trees shall not be permitted to be removed until approval has been granted by the Community Development Director. 5. Parking and Driveway: A. All parking and driveway areas shall be developed in compliance with Chapter 21.50 of the Campbell Municipal Code. B. The applicant shall provide decorative pavement within the driveway and in front of the garages where uncovered parking spaces are provided in the development. 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. 6. 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 home owner's association to ensure the long term maintenance of buildings and properties. B. Continued architectural controls to ensure the architectural integrity of the project. C. Definition for "common" areas to be maintained. D. Provision of maintenance for common area landscaping. City Council Resolution PLN2000-34/PLN2000-380-122 Shelley Avenue-Planned Development & Tree Removal Permits Page 5 E. Provision for the long-term property maintenance for the driveway, buildings and common roofs to be repaired, repainted, and/or replaced as necessary. F. Provision of a funding mechanism to ensure maintenance and upkeep of common areas and shared building walls and roofs. G. Provision to require that the interior garage space shall be maintained available at all times for the parking of two vehicles. H. Provision to prohibit use of uncovered parking spaces for outdoor storage purposes. 7. Park Impact Fee: A park impact fee of $7,035 per unit is due upon development of the townhouse project. Credit in the amount of $10,990 will be given for the existing single-family residence. 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. 8, Fences: Any newly proposed fencing shall comply with Section 21.59.090 of the Campbell Municipal Code and shall be submitted for review and approval by the Community Development Department. 9. 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). 10. Utility Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to installation of PG&E utility (transformer) boxes and San Jose Water Company back-flow preventers, indicating the location of the boxes and screening (if the boxes are above ground) for approval by the Planning Division. 11. Trash Disposal/Recycling: The applicant shall submit details regarding the design and location of trash disposal/recycling facilities to the City for review and approval prior to issuance of building permits. 12. 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 installation of the lighting. Lighting fixtures shall be of a decorative design to be compatible with the residential development. 13. Garages: Garages shall be maintained at all times in such a way that they are available for the parking of automobiles. City Council Resolution PLN2000-34/PLN2000-380-122 Shelley Avenue-Planned Development & Tree Removal Permits Page 6 CENTRAL FIRE DISTRICT: 14. Required Fire Flow: Required fire flow for this project is 1,750 GPM at 20 psi. residual pressure, The required fire flow is available from area water mains and fire hydrants which are spaced at the required spacing. 15. Fire Apparatus (Engine) Access Roads Required: Provide access roadways with a paved all weather surface and a minimum unobstructed width of 20 feet, vertical clearance of 13 feet 6 inches, minimum circulating radius of 36 feet outside and 23 feet inside, and a maximum slope of 15%. Installations shall conform with Fire Department Standard Details and Specifications A-I. 16. Fire Department (Engine) Roadwav Turnaround Required: Provide an approved fire department engine roadway turnaround with a minimum radius of 36 feet outside and 23 feet inside. Installations shall conform with Fire Department Standard Details and Specifications A-I. Verify compliance with Standard A-I. 17. Fire Lane Marking Required: Provide marking for all roadways within the project. Markings shall be per fire department specifications. Installations shall also conform to Local Government Standards and Fire Department Standard Details and Specifications A-6. 18. Required Access to Water Supply (Hydrants): Portions of the structure(s) are greater than 150 feet of travel distance from the centerline of the roadway containing public fire hydrants. Provide an on-site fire hydrant OR provide an approved fire sprinkler system throughout all portions of the building. Note specifically units 2, 3,4 and 5. 19. 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 background. PUBLIC WORKS DEPARTMENT: 20. Tentative Map: The applicant shall submit a Tentative Map for review by the City. The current application processing fee is $3,375.00. 21. Final Map: Prior to issuance of any grading or building permits for the site, the applicant shall submit a Final Map for review by the City and recordation, after approval, by the City Council. The current plan check fee is $1,450.00 plus $25 per lot. 22. Preliminary Title Report: Prior to recordation of the Tract Map, the applicant shall provide a current Preliminary Title Report. 23. Right-of-Way for Public Street Purposes: Prior to recordation of the Final Map, the applicant shall grant additional Right-of-Way for Public Street Purposes along the Shelley Avenue frontage to accommodate a 30 foot half street. The applicant shall cause all documents to be prepared by a registered civil engineerlland surveyor, as necessary, for the City's review and recordation. City Council Resolution PLN2000-34/PLN2000-380-122 Shelley Avenue-Planned Development & Tree Removal Permits Page 7 24. Public Service Easement: Prior to recordation of the Final Map, the applicant shall grant a 10 foot Public Service Easement on private property contiguous with the public right-of-way along the Shelley A venue frontage. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and review and recordation. 25. Easements: Prior to recordation of the Final M~p, the applicant shall cause private Easements to be recorded as necessary. 26. Monuments: Prior to recording Final Map, applicant shall provide security guaranteeing the cost of setting all Monuments shown on the record map, as determined by the City Engineer. 27. Street Improvements: Prior to recordation of the Final Map, the applicant shall execute a street improvement agreement and shall cause plans for public Street Improvements to be prepared by a registered civil engineer, pay fees, post security and provide insurance necessary to obtain an encroachment permit for construction of the public improvements, as required by the City Engineer. The plans shall include the following: · Reconstruction of existing pavement, plus conforms at the centerline and at the easterly and westerly ends of the project. · Construction of ADA compliant driveway approach. · Construction of standard attached sidewalk including street trees, tree wells, and irrigation system at approximately 40 on center. · Construction of traffic control, stripes, and signs. · Construction of off-site storm drain facilities. 28. 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. 29. Soils Report: Prior to issuance of any grading or building permits for the site, applicant shall provide a Soils Report prepared by a registered geotechnical or civil engineer. 30. Utilities: All Utilities shall be installed underground in accordance with Section 20.36.150 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. 31. 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. 32, Maintenance Security: Prior to issuance of occupancy approval for the site, all public street improvements required by the street improvement agreement and the encroachment permit must be City Council Resolution PLN2000-34/PLN2000-380-122 Shelley Avenue-Planned Development & Tree Removal Permits Page 8 completed and accepted by the City and the applicant must provide a one-year Maintenance Security in an amount of 25% of the Faithful Performance Bond. 33. Grading and Drainage Plan: Prior to issuance of any grading or building permits for the site, the applicant shall conduct hydrology studies based on a 10 year storm frequency, prepare an engineered Grading and Drainage Plan, and pay fees required to obtain necessary grading permits. The plans shall comply with the 1994 edition of the UBC including Chapters 18,33, and Appendix Chapter 33. 34. Storm Drain Area Fee: Prior to recordation of the Final Map, the applicant shall pay the required Storm Drain Area fee, which is $956.00. 35, 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. 36. Demolition: Prior to recording of the Final Map/Parcel Map the applicant shall obtain a Demolition permit to remove existing non-conforming structures PASSED AND ADOPTED this 2nd day of May , 2000, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN : COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Dougherty, Furtado, Watson, Dean, Kennedy None None None APPRO V ATIEST: ~ Anne Bybee, City Clerk p."~~ ..e,,.~\.l\!.....11 ;60~\G,t4~ OItaG ,..... Of 1t" (\ A'~ .. ~f'f.~~\~f\C1'-' OI-e.~"" Ol'f'f ,o'":J1..P''' fIt'ID ... \t4 ,. CI'f'f ur O'f& "..... e~eEt:.;"ml\'" "'\\n f\~ ' fA ~ op.L.\fU""'- ~ -.:) .~ This is the time and place for a continued public hearing to consider the application of Mr. Raymond Zhao, on behalf of Scandinavian Concepts, for a Sign Application (PLN 2000-14) to allow an expressway-oriented sign (visible from San Tomas Expressway at Hamilton Ayenue) for a retail furniture store on property located at 651 W. Hamilton A venue in a PD (planned Development) Zoning District. Community Development Director Fierro stated that the applicant's attorney had submitted a request for continuance to the June 20m City Council Meeting. Mayor Kennedy declared the public hearing open and asked if anyone in the audience wished to be heard. There being no one wishing to speak, MS: DeanlDougherty - that this item be continued to the June 20th City Council Meeting. Motion adopted unanimously. 12. Application of Glen Cahoon, on behalf of Shelley Properties, LLC, for approval of a Zone Change (pLN2000-32) to change the zoning of property from R-M-S (Multiple Family Residential) to PD (planned Development); approval of a Tentative Subdivision Map (pLN2000-33) to create five parcels; approval of a Planned Development Permit (pLN2000-34) to allow the construction of five townhomes; and approval of a Tree Removal Permit (pLN2000-38) on. property located at 122 Shelley Avenue in an R-M-S (Multiple Family Residential) Zoning District (Introduction of OrdinancelResolutions/Roll Call Vote) This is the time and place for a public hearing to consider the application of Glen Cahoon, on behalf of Shelley Properties, LLC, for approval of a Zone Change (pLN2000-32) to change the zoning of property from R-M-S (Multiple Family Residential) to PD (planned Development); approval of a Tentative Subdivision Map (PLN2000-33) to create five parcels; approval of a Planned Development Permit (pLN2000-34) to allow the construction of five townhomes; and approval of a Tree Removal Permit (pLN2000-38) on property located at 122 Shelley Avenue in an R-M-S (Multiple Family Residential) Zoning District. Planner I Irani - Staff Report dated May 2, 2000. Mayor Kennedy declared the public hearing open and asked if anyone in the audience wished to be heard. Glen Cahoon, Applicant, appeared before the City, Council and spoke in support of the project. Melinda Foss, 134 Shelley Avenue, Campbell, appeared before the City Council and expressed concerns regarding the size of the planting strip and the type of replacement tree that will be planted. Community Development Director Fierro responded to Ms. Foss' concerns. Minutes of 5/2/2000 City CouDen Meeting 5 There being no one else wishing to speak, Mayor Kennedy closed the public hearing. MIS: Furtado/Dougherty - that the City Council grant a Negative Declaration for the proposed project; introduce Ordinance 1986 approving a Zone Change (PLN 2000-32) amending the zoning map for property located at 122 Shelley Avenue from R-M-S (Multiple Family Residential) to PD (planned Development) for fIrst reading; adopt Resolution 9675 approving a Tentative Subdivision Map (PLN 2000- 33) to allow the creation of five parcels on property located at 122 Shelley A venue, subject to Condit~ons of Approval; and adopt Resolution 9676 approving a Planned Development Permit (PLN 2000-34) and Tree Removal Permit (PLN 2000-38) to allow the construction of five townhome units on property located at 122 Shelley A venue in a PD (planned Development) Zoning District, subject to Conditions of Approval. Motion adopted by the following roll call vote: AYES: Councilmembers: Dougherty, Furtado, Watson, Dean, Kennedy NOES: Councilmembers: None The City Clerk read the title of Ordinance 1986. MIS: Dougherty/Dean - that further reading of Ordinance 1986 be waived. Motion adopted unanimously. 13. Ordinance Extending a Development Moratorium in the Residential Area of North Harrison A venue and Central A venue between Hamilton A venue and Grant Street (Introduction of OrdinanceIRoll Call Vote) This is the time and place for a public hearing to consider the extension of a development moratorium in the residential area of North Harrison Avenue and Central A venue between Hamilton A venue and Grant Street. Community Development Director Fierro - Staff Report dated May 2, 2000. Mayor Kennedy declared the public hearing open and aske~ if anyone in the audience wished to be heard. There being no one wishing to speak, Mayor Kennedy closed the public hearing. MIS: Dean/Dougherty - that the City Council introduce Ordinance 1987 extending a development moratorium in the residential area of North Harrison A venue and Central A venue between Hamilton A venue and Grant Street for fIrst reading. Motion adopted by the following roll call vote: . Minutes of 5/2/2000 City Council Meeting 6 '" ~.. ~.- i -l/~' oj Cam/JUp/l ,- City Council Report ITEM NO: CATEGORY: MEETING DATE: 12. Public Hearing May 2, 2000 r-- TITLE Application of Mr. Glen Cahoon, on behalf of Shelley Properties LLC, for approvals of a Zone Change (pLN2000-32) from an R-M-S zoning district to a Planned Development (PD) zoning district, a Tentative Subdivision Map (PLN2000-33), a Planned Development Permit (pLN2000- 34), and a Tree Removal Permit (pLN2000-38) to allow the construction of a five (5) unit townhouse development -- 122 Shelley Avenue. RECOMMENDATION The Planning Commission recommends that the City Council take the following: ,..- 1. Grant a Negative Declaration for the proposed project; and 2. Take first reading of the attached ordinance approving a Zone Change (pLN2000-32) of the property from R-M-S to PD; and 3. Adopt a Resolution upholding the Planning Commission's recommended approval of the Tentative Subdivision Map (pLN2000-33), 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 the Planned Development Permit (pLN2000-34) and Tree Removal Permit (PLN2000-38), incorporating the attached findings and subject to the attached conditions of approval. ENVIRONMENTAL DETERl\lINA TION 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 (pLN2000-32) from an R-M-S (Multiple Family Residential) zoning district to a Planned Development (PD) zoning district, a Tentative Subdivision Map (pLN2000-33), a Planned Development Permit (pLN2000-34) and a Tree Removal Permit (pLN2000-38) to allow the development of a five (5) unit townhouse project on property located at 122 Shelley Avenue. ,- The Planning Commission at its meeting of April 11, 2000, forwarded a recommendation to the City Council by a 3-2-2 vote to approve the proposed project with the attached conditions of approval. During the Planning Commission meeting, neighbors adjacent to the east and west of the project site voiced concerns regarding the loss of privacy from their residences due to the proposed removal of trees on site and the lack of a landscape buffer along the east property line adjacent to the proposed driveway. As a result, the Planning Commission recommended additional conditions of approval to move the two residential units, closest to Shelley Avenue, back a few feet to accommodate the installation of a,minimum 2-foot wide landscape strip along the east property line and to require that the applicant make every effort to retain existing fruitless mulberry trees along the east property line within the landscape strip adjacent to the City Council Report - City Council Meeting of May 2, 2000 PLN2000-32, 33, 34 & 38 -122 Shelley Avenue Page 2 driveway. The site is currently developed with a single-family residence and a detached garage which will be removed in conjunction with construction of the project. ANALYSIS General Plan Designation: The General Plan land use designation for the project site is Low Medium Density Residential (6-13 units per gross acre). The proposed project will be developed at a density of 10.42 units per gross acre, which is consistent with the General Plan. Zoning Change: The subject site is currently zoned R-M-~ (Multiple Family Residential) and would allow a maximum of six (6) apartment units to be constructed on site. The zone change to a PD zone does not affect the maximum density allowance for the property, but does allow for the separate ownership of units on individual lots. The project is developing five (5) townhouse units. Tentative Parcel Map: The project will require approval of a Tentative Subdivision Map to allow the creation of five (5) residential lots and a common lot for the common driveway access and common landscape areas. The common lot will be located along the east side of the subject property. -- Planned Development Permit: The Planned Development Permit will allow for the construction of a five (5) unit townhouse development, incorporating the site plan and elevations as part of the PD Permit approval. The site plan indicates two (2) separate two-story residential structures; the building facing Shelley Avenue along the west side of the subject property consists of three (3) units and the building located at the rear of the subject property consists of two (2) units. The townhouse development will provide a total of 18 parking spaces, including 10 covered parking spaces and 8 uncovered parking spaces, and will be accessed by a common 20-foot wide driveway. Tree Removal Permit application: The subject property currently has several mature trees on site. The applicant has submitted a certified arborist report and a Tree Removal Permit application to remove a total of nine (9) trees to accommodate development of the project. There are a total of 19 trees existing on site. The arborist report indicates that the trees proposed to be removed are either in poor condition or are undersized and not protected by the City's Tree Protection Ordinance. During the Planning Commission meeting, one of the current residents at 122 Shelley Avenue spoke at the meeting and stated that the trees proposed to be removed are home to many birds. In addition, the City received a letter from Ms. Lisa Karpinski requesting that trees not be removed ifmethods are available to treat the diseased portions of the trees. - AL TERNA TIVES I. Approve the proposed project subject to additional and/or modified Conditions of Approval. 2. Deny the proposed project. 3. Continue for further review. FISCAL IMPACTS None City Council Report - City Council Meeting of May 2, 2000 PLN2000-32, 33, 34 & 38 - 122 Shelley Avenue Page 3 Attachments: 1. Draft City Council Zone Change Ordinance 2. Draft City Council Tentative Subdivision Map Resolution 3. Draft City Council Planned Development Permit and Tree Removal Permit Resolution 4. Planning Commission Resolutions and Minutes S. Planning Commission Report 6. Reduced Exhibits 7. Location Map Prepared by: !2Jv"'of" ~~ Aki R. Irani, Planner I Reviewed by: ~~~ Sharon Fierro, Interim Community Development Director -- Approved by: Planning Commission Minutes of April 11, 2000 4. PLN2000-32 (ZC)/ PLN2000-33 (TS)/ PLN2000-34 (PD)/ PLN2000-38 (TRP) Cahoon, G. Page 6 Public Hearing to consider the application of Mr. Glen Cahoon, on behalf of Shelley Properties, LLC, for approval of a Zone Change (PLN2ooo-32) to change the zoning of property from R-M-S (Multiple Family Residential) to PD (Planned Development); approval of a Tentative Subdivision Map (PLN2000-33) to create five parcels; approval of a Planned Development Permit (PLN2ooo-34) to allow the construction of five townhomes; and approval of a Tree Removal Permit (PLN2ooo-38) on property located at 122 Shelley A venue in an R-M-S (Multiple Family Residential) Zoning District. A Negative Declaration has been prepared for this project. Tentative City Council Meeting Date: May 2, 2000. Ms. Aki Irani, Planner I, presented the staff report as follows: · Advised that the applicants are seeking approval of a Zone Change, Tentative Subdivision Map, Planned Development Permit and Tree Removal Permit, as well as adoption of a Negative Declaration for a five-unit townhome project at 122 Shelley Avenue. · Stated that the project site is on the south side of Shelley A venue, west of Bascom A venue and East of White oaks Road. · The proposed project is consistent with the General Plan and is being developed at a density of 10.4 units per gross acre. · The proposed zone change from R-M-S (Multiple Family Residential) to PD (Planned Development) would allow five townhome units on individually owned lots. · Staff recommends a Negative Declaration, as there are no significant impacts from this project. · The proposal includes two two-story buildings, one containing three units, which would face Shelley A venue and the other containing two units at the rear of the site. A 20-foot common interior driveway would provide access. There would be common front and side landscape areas. · Included is a Tree Removal Permit application to remove nine trees. A certified arborist's report states that these Pine and Cedar trees are in poor condition. Other trees are undersized and not protected under the Tree Ordinance. A replanting plan is required per the Tree Removal Permit. Staff advised that a letter was received from a concerned citizen asking that an attempt be made to save some of the trees. · Advised that 18 parking spaces are provided, 3.5 per unit, which meets the City's Parking Ordinance. · The Parcel Map creates six lots, five residential lots and one common driveway and landscape area lot. · Added that a Homeowner's Association would be formed. · Staff recommends that the Commission forward a recommendation of approval to Council for this project. Chairperson Gibbons asked if additional information about the proposed windows for the project is available. Planning Commission Minutes of April 11, 2000 Page 7 Ms. Aki Irani advised that at this time added information about the specific windows is not available. Chairperson Gibbons wondered if the windows depicted on the drawings were actually those proposed or were simply generic windows. Ms. Aki Irani answered that the windows depicted were actually those being proposed for the project. Commissioner Francois presented the Site and Architectural Review Committee meeting as follows: . This project was reviewed by SARC on March 28, 2000. . SARC was supportive of the project with the requirement of added decorative paving in the front of each garage and on the common driveway. Chairperson Gibbons asked whether that requirement has been met. Ms. Aki Irani advised that the requirement for decorative paving has been added to the Conditions of Approval but the plans have not yet been resubmitted depicting that addition. Chairperson Gibbons opened the Public Hearing for Agenda Item No.4. Mr. Glen Cahoon, Applicant's Representative, 296 Kansas Way, Fremont: . Advised Chairperson Gibbons that the windows he proposes to use are International Vinyl Windows. These windows look like wood but are made of vinyl for easy maintenance. They do not have to be painted. . Added that they have not yet submitted landscaping plans which will depict the required decorative paving in the driveway and in front of the garages. Said that they are willing to make that addition at the request of SARC. Chairperson Gibbons asked about a letter received which seems to state that a tree has already been removed from the site. Mr. Glen Cahoon advised that, to his knowledge, no trees have been removed to date. Ms. Theresa LaVoy, 112 Shelley Avenue: . Advised that she lives adjacent to the project site in a single family residence, one of the only single family homes remaining in the neighborhood. . Expressed concern about loss of privacy with a two-story structure adjacent to her home and asked that anything possible is done to ensure privacy. . Asked that the proposed new fence be painted on her side to seal the fence and prevent deterioration. Planning Commission Minutes of April 11, 2000 Page 8 . Asked about the $10,990 credit in Park Impact Fees and whether she has any responsibility for such fees. Ms. Aki Irani advised that a developer, in lieu of providing open space, pays the Park Dedication Fee. The money is placed in a fund used to purchase future public parks. The $10,990 credit is as a result that a single-family already exists on the site. A Park Fee will be paid for the remaining four units. Mr. Glen Cahoon suggested that adding additional fast growing trees, such as Italian Cypress, would help with screening. Offered to remove a smaller, secondary window in one of the bedrooms which would look out onto this single family residence. Ms. Theresa Laboy said that would be a satisfactory solution. Chairperson Gibbons asked Mr. Cahoon about the request to paint the neighbor's side of the new fence. Mr. Glen Cahoon advised that the proposed fence is a normal, six-foot high good neighbor fence. If the Commission conditions the requirement to paint the neighbor's side of the fence, they could do so. Ms. Theresa Laboy advised that there is an existing fence but that it is not in good condition because it was never sealed. Commissioner Lowe stated that it is not fair to ask the applicant to paint the neighbor's side of the fence. The new fence will be better than what is currently in place. Commissioner Francois concurred. Stated that it would be precedent setting and intrusive to ask the applicant to paint the neighbor's side of the fence. Ms. Theresa Laboy clarified that they are not concerned about paint but rather that the fence be sealed. Commissioner Lowe stated that since Ms. Laboy is not being asked to pay for half the new fence, she could assume the cost of sealing the fence on her side of the property. Ms. Melinda Foss, 134 Shelley Avenue: . Advised that she has looked at the proposed plans and has a problem with the driveway, which is located adjacent to the fence shared with her property. . Expressed concern that no landscape strip is planned adjacent to the driveway, separating it from her backyard fence. . Also expressed concern about noise issues with the driveway and no landscape barrier as the bedroom and kitchen windows in her development face that new driveway. . Said that removing trees creates privacy issues. Planning Commission Minutes of April 11, 2000 Page 9 . Stated that having no landscaping between the driveway and fence creates added heat on her development. Said this area would not look good without trees and/or shrubs. Mr. Glen Cahoon: . Stated that the driveway width is 20 feet minimum, the backup width is 25 feet and parking spaces are 20 feet long. The garages are 20 feet, 8 inches. . Suggested a two-foot strip for shrubbery, with Italian Cypress being an excellent fast-growing type, which would quickly provide good screening. . Added that there is also a curb separating the driveway from the fence. . Stated that the windows for the new units are 45 feet from the property line to Ms. Foos' property. Aki Irani advised that staff has reviewed the proposed project and that if the buildings are moved back a couple of feet, a two foot planting strip can be placed separating the driveway from the fence. Mr. Ray Rasolas, 130 Shelley Avenue: . Asked that the trees (or shrubs, he was not sure which) on the northeast corner be retained. . Stated that they are tall and provide excellent screening. Ms. Aki Irani:s . Stated that she is not sure whether these shrubs/trees are slated for retention or removal as they are not depicted on the site plan. . Said that they might even be located on the adjacent property rather than on the project site. . Suggested that the project arborist to take a look at them. Mr. Glen Cahoon advised that he is not aware of those trees and they mayor may not be on the project site. They also may be too small to be included on the arborist's report. Ms. Aki Irani advised that the diameter of the trunk would have to be at least 12 inches at four feet above grade. Mr. Ray Rasolas stated that these trees/shrubs are less than 12 inches in diameter but still encouraged that they be retained to act as a buffer in providing screening. Chairperson Gibbons suggested that the applicant work with the neighbors as appropriate. Ms. Ann Bastovan, 132 Shelley Avenue: . Said the trees are 12-year-old Fruitless Mulberries at the property line as she gave the trees to her neighbors in pots. . Asked that the landscape buffer be included to help prevent cars from coming through the fence into their yards and homes. . Expressed concern about safety without the landscape buffer. . Asked that as much green be salvaged and maintained as is possible. Planning Commission Minutes of April 11, 2000 Page 10 Commissioner Lowe asked about the size of the trees in question. Ms. Ann Bastovan said what she can say is that those trees are 12 years mature. Mr. Kevin Riley, Tenant, 122 Shelley: . Said that he has lived on the project site for the last seven months and that he was aware of the future plans for the site when he moved in on a month-to-month basis. . Advised that there are 17 different bird species living in these trees on site slated for removal. . Said that he has talked with several arborists who have had differing opinions on the viability of the trees proposed for removal. Chairperson Gibbons closed the Public Hearing for Agenda Item No.4. Commissioner Lowe pointed out that eight significant trees will be retained on site. Chairperson Gibbons expressed concern about the proximity of the driveway to the adjacent property. Commissioner Kearns suggested moving the buildings to allow space for the planting strip along the fence adjacent to the driveway and suggested trying to retain the Mulberry trees at the property line as requested by the neighbor. Commissioner Lowe asked for clarification about SARC's position on trees. Commissioner Francois clarified that SARC did not spend a lot of time discussing the tree removal. SARC was supportive of this project with the addition of decorative paving on the driveway and in front of each garage. Commissioner Lowe: . Pointed out that the adjacent parcel is of a similar size to the project site and is developed with six townhome units. . This project fits into the neighborhood. . Stated that density issues are tough and that he does not like to see crowding but this is a good project. The applicant has mitigated issues as much as possible. . Said that pushing back the placement of the buildings does not make sense as it means losing rear yard space. . This project is reasonable and prudent. Commissioner Jones asked for the reasons behind the PD Zoning for this project. Ms. Sharon Fierro advised that the current zoning permits apartments of up to six units. The PD zoning allows this parcel to be developed with units that can be individually owned. A PO Planning Commission Minutes of April 11, 2000 Page 11 zoning designation can be applied if the project developed under that zoning is superior to what can be developed under the current zoning. Commissioner Jones asked what variations from the current zoning this project has. Ms. Aki Irani advised that the front setbacks are met while the side yard setbacks are not. The PD Zoning offers more flexibility. Chairperson Gibbons stated that she would like to see the placement of the building adjusted to allow the landscape buffer along the driveway. Said that overall this is a good project, similar to others. Expressed support for the project and suggested that the site plan be returned to staff regarding the landscaping issues. Commissioner Kearns stated her agreement for the need for the landscape buffer along the driveway. Commissioner Lowe asked just how much landscape was suggested along the driveway. Chairperson Gibbons suggested leaving that up to staff. Commissioner Lowe asked what would be gained by adding the landscape buffer. Chairperson Gibbons stated that privacy, head build up, and shade, aesthetic and good neighbor issues are met with the landscape buffer. Commissioner Jones suggested flipping the project over. Chairperson Gibbons reopened the Public Hearing to allow the applicant to return to the podium to respond to that suggestion. Mr. Glen Cahoon replied that there are similar townhome projects on both sides of this project site. Similar issues would occur whether the project orientation is flipped or not. Commissioner Lowe asked for a recess to allow staff time to provide a clearer aerial photograph of the area. Chairperson Gibbons called a recess at 8:52 p.m. Chairperson Gibbons reconvened the meeting at 8:56 p.m. Ms. Sharon Fierro, Interim Community Development Director: . Provided an overview of the discussion to this point. . Advised that planning staff has worked closely with the applicant on this project. Planning Commission Minutes of April 11, 2000 Page 12 · In looking at the aerial, it is clear the building can be moved back two feet which would allow more landscaping on the easterly property line. · To retain the trees at the entrance of the driveway, the project arborist can be consulted to determine the viability of those particular trees. Chairperson Gibbons re-closed the Public Hearing for Agenda Item No.4. Motion: Upon motion of Commissioner Kearns, seconded by Commissioner Francois, the Planning Commission took the following action: 1. Recommended that Council adopt a Negative Declaration for this project; and 2. Adopted Resolution No. 3268 recommending approval of a Zone Change (PLN2000-32) from R-M-S (Multiple Family Residential) to PD (planned Development) for property located at 122 Shelley A venue; and 3. Adopted Resolution No. 3269 recommending approval of a Tentative Subdivision Map (PLN2000-33) to create five parcels; and 4. Adopted Resolution No. 3270 recommending approval of a Planned Development Permit (pLN2000-34) and Tree Removal Permit (PLN2000- 38) with an amendment to Condition 3-E to have the applicant submit a revised site plan to the Community Development Director adjusting the placement of the front units to accomplish a two-foot wide planting buffer on the easterly side of the project along the driveway and to try and retain the existing Fruitless Mulberry trees at the front easterly property line; by the following roll call vote: A YES: Francois, Gibbons, Kearns NOES: Jones, Lowe ABSENT: Hernandez, Lindstrom ABSTAIN: None Chairperson Gibbons advised that this item will go before City Council for final approval on May 2, 2000. *** Chairperson Gibbons read Agenda Item No.5 into the record. 5. CIP 2000-2007 Staff Public Hearing to consider the City of Campbell's 2000-2007 Capital Improvement Plan. A Negative Declaration has been prepared which concludes that no significant impacts are associated with these projects. Many of the projects are considered Categorically Exempt. Tentative City Council Meeting Date: May 2, 2000. Mr. Tim J. Haley, Associate Planner, presented the staff report as follows: - Of' CJ\-it (&~:. ~~~ ~ ,,' .O"CH A \1,.'0 CITY OF CAMPBELL Community Development Department. Current Planning April 17, 2000 Mr. Glen Cahoon 296 Kansas Way Fremont, CA 94539 Re: PLN2000-32 (ZC)/PLN2000-33 (TS)/PLN2000-34 (PD)/PLN2000-38 (TRP) 122 Shelley Avenue Dear Applicant: Please be advised that the Planning Commission, at its meeting of April 11, 2000, took the following actions: I. Adopted Resolution No. 3268 recommending approval of a Zone Change (PLN2000-32) from R-M-S (Multiple Family Residential) to PD (Planned Development); and 2. Adopted Resolution No. 3269 recommending approval of a Tentative Subdivision Map (PLN2000-33) to allow the creation of five parcels; and 3. Adopted Resolution No. 3270 recommending approval of a Planned Development Permit (PLN2000-34) and Tree Removal Permit (PLN2000-38) to allow the construction offive townhome units; and 4. Recommended that the City Council grant a Negative Declaration for this project. This project is tentatively set for consideration by the City Council at its meeting of May 2, 2000. If you have any questions, please do not hesitate to contact me at (408) 866-2140. Sincerely, //1/ / l/" ,(-,(".~' /Uu- C l/f;t.-1. 11 \..- v Aki Irani Planner I Cc Kasem Dada, 19665 Merritt Drive, Cupertino, CA 95014 Marv Kirkeby, 2397 Forest Avenue, San Jose, CA 95128 Shelley Properties, 1400 Coleman Avenue, #1400, Santa Clara, CA 95050 70 North First Street . Campbell, California 95008.1423 . TEL 408.866.2140 . FAX 408.866.838r . TOO 408.866,2790 RESOLUTION NO. 3268 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A ZONE CHANGE FROM R-M-S (MULTIPLE FAMILY RESIDENTIAL) TO PD (PLANNED DEVELOPMENT) FOR PROPERTY LOCATED AT 122 SHELLEY AVENUE. APPLICATION OF MR. GLEN CAHOON. FILE NO. PLN2000-32 (ZC). After notification and public hearing, as specified by law on the proposed amendments to the Zoning Map of the City of Campbell, and after presentation by the Community Development Director, proponents and opponents, the Planning Commission did determine that a change should be made to the Zoning Map based upon the following findings: 1. The proposed Zone Change is consistent with the General Plan. 2. The proposed density of 10.42 units per gross acre is no greater than would be allowed by the R-M-S (Multiple-Family Residential) Zoning District. 3. The proposed Planned Development Zoning will allow greater flexibility In placement of buildings and design to fit the site and the neighborhood. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed development and uses clearly will result in a more desirable environment and use of the land than would be possible under any other zoning classification. 2. The development and uses would be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 3. 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. 4. No evidence has been presented which shows that the project will have a substantial impact on plant or animal life. , ~ Planning Commission Resolution No. 3268 PLN2000-32 - 122 Shelley A venue - Glen Cahoon Page 2 The Planning Commission of the City of Campbell recommends that the City Council enact the attached Ordinance making effective the recommended changes to the Zoning Map. PASSED AND ADOPTED this II th day of April, 2000, by the following roll call vote: ., AYES: NOES: ABSENT: ABSTAIN : COMMISSIONERS: Francois. Gibbons, Kearns COMMISSIONERS: Jones, Lowe COMMISSIONERS: Hernandez, Lindstrom COMMISSIONERS: None ATTEST: ~ ~ Sharon Fierro, Secretary , RESOLUTION NO. 3269 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A TENTATIVE SUBDIVISION MAP (PLN2000-33) TO ALLOW THE CREATION OF FIVE PARCELS ON PROPERTY LOCATED AT 122 SHELLEY AVENUE. APPLICATION OF MR. GLEN CAHOON. FILE NO.PLN2000-33 (TS). After notification and public hearing, as specified by law, and after presentation by the Community Development Staff, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application PLN2000-33 (TS): I. The proposed subdivision density of 10.42 units per gross acre is no greater than the density allowance of 6-13 units per gross acre permitted in the Low-Medium Density Residential land use shown on the Land Use Element of the General Plan. 2. An initial study was prepared for this project and no significant environmental impacts were found. 3. The provisions of the CC&Rs are necessary to ensure the long term property maintenance and continued architectural integrity of the project. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: I. 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 and the public service needs of its residents and available fiscal and environmental resources. 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. No evidence has been presented which shows that the project will have a substantial impact on plant or animal life. Planning Commission Reso....cion No. 3269 PLN2000-33 - 122 Shelley Avenue - Tentative Subdivision Map Page 2 The applicants are hereby notified, as part of this application, that they are required to meet the following conditions in accordance with the Ordinances of the City of Campbell and the State of California. The lead department with which the applicant will work is identified. Additionally, the applicants are hereby notified that they are required to comply with all applicable Codes and Ordinances of the City of Campbell and the State of California that pertain to this development and are not contained herein. COMMUNITY DEVELOPMENT DEPARTMENT 1. Approved Proiect: Approval is granted for a Tentative Subdivision Map allowing the creation of five (5) residential lots and a common lot for a five (5) unit townhouse development on property located at 122 Shelley Avenue. The map shall substantially conform to the map prepared by Kirkeby Engineering, stamped as received on March 22, 2000. 2. Tree Protection Plan: 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. 3. 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 home owner's association to ensure the long term maintenance of buildings and properties. B. Continued architectural controls to ensure the architectural integrity of the project. C. Definition for "common" areas to be maintained. D. Provision of maintenance for common area landscaping. E. Provision for the long-term property maintenance for the driveway, buildings and common roofs to be repaired, repainted, and/or replaced as necessary. F. Provision of a funding mechanism to ensure maintenance and upkeep of common areas and shared building walls and roofs. G. Provision to require that the interior garage space shall be maintained available at all times for the parking of two vehicles. H. Provision to prohibit use of uncovered parking spaces for outdoor storage purposes. 4. Park Impact Fee: A park impact fee of $7,035 per unit is due upon development of the townhouse project. Credit in the amount of $10,990 will be given for the existing single- family residence. Prior to recordation of the final subdivision map, 75% of this fee is due. The remaining 25% is due prior to issuance of a certificate of building occupancy. 5. 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). Planning Commission Reso._don No. 3269 PLN2000-33 - 122 Shelley Avenue - Tentative Subdivision Map Page 3 PUBLIC WORKS DEPARTMENT: 6. Tentative Map: The applicant shall submit a Tentative Map for review by the City. The current application processing fee is $3,375.00. 7. Final Map: Prior to issuance of any grading or building permits for the site, the applicant shall submit a Final Map for review by the City and recordation, after approval, by the City Council. The current plan check fee is $1,450.00 plus $25 per lot. 8. Preliminary Title Report: Prior to recordation of the Tract Map, the applicant shall provide a current Preliminary Title Report. 9. Right-of-Wav for Public Street Purposes: Prior to recordation of the Final Map, the applicant shall grant additional Right-of-Way for Public Street Purposes along the Shelley Avenue frontage to accommodate a 30 foot half street. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 10. Public Service Easement: Prior to recordation of the Final Map, the applicant shall grant a 10 foot Public Service Easement on private property contiguous with the public right-of-way along the Shelley A venue frontage. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and review and recordation. II. Easements: Prior to recordation of the Final Map, the applicant shall cause private Easements to be recorded as necessary. 12. Monuments: Prior to recording Final Map, applicant shall provide security guaranteeing the cost of setting all Monuments shown on the record map, as determined by the City Engineer. 13. Street Improvements: Prior to recordation of the Final Map, the applicant shall execute a street improvement agreement and shall cause plans for public Street Improvements to be prepared by a registered civil engineer, pay fees, post security and provide insurance necessary to obtain an encroachment permit for construction of the public improvements, as required by the City Engineer. The plans shall include the following: A. Reconstruction of existing pavement, plus conforms at the centerline and at the easterly and westerly ends of the project. B. Construction of ADA compliant driveway approach. C. Construction of standard attached sidewalk including street trees, tree wells, and irrigation system at approximately 40 on center. D. Construction of traffic control, stripes, and signs. E. Construction of off-site storm drain facilities. Planning Commission Resolucion No. 3269 PLN2000-33 - 122 Shelley Avenue - Tentative Subdivision Map Page 4 14. 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. 15. Soils Report: Prior to issuance of any grading or building permits for the site, applicant shall provide a Soils Report prepared by a registered geotechnical or civil engineer. 16. Utilities: All Utilities shall be installed underground in accordance with Section 20.36.150 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility compames. 17. 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. 18. Maintenance Security: Prior to issuance of occupancy approval for the site, all public street improvements required by the street improvement agreement and the encroachment permit must be completed and accepted by the City and the applicant must provide a one-year Maintenance Security in an amount of 25% of the Faithful Performance Bond. 19. Grading: and Drainage Plan: Prior to issuance of any grading or building permits for the site, the applicant shall conduct hydrology studies based on a 10 year storm frequency, prepare an engineered Grading and Drainage Plan, and pay fees required to obtain necessary grading permits. The plans shall comply with the 1994 edition of the UBC including Chapters 18, 33, and Appendix Chapter 33. 20. Storm Drain Area Fee: Prior to recordation of the Final Map, the applicant shall pay the required Storm Drain Area fee which is $956.00. 21. 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. 22. Demolition: Prior to recording of the Final Map/Parcel Map the applicant shall obtain a Demolition permit to remove existing non-conforming structures. Planning Commission Resoludon No. 3269 PLN20oo-33 - 122 Shelley Avenue - Tentative Subdivision Map Page 5 PASSED AND ADOPTED this 11th day of April, 2000, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: COMMISSIONERS: Francois, Gibbons, Kearns COMMISSIONERS: Jones, Lowe COMMISSIONERS: Hernandez, Lindstrom COMMISSIONERS: None {~ AITEST: ~ ~ Sharon Fierro, Secretary RESOLUTION NO. 3270 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A PLANNED DEVELOPMENT PERMIT (PLN2000-34) AND TREE REMOV AL PERMIT (PLN2000-38) TO ALLOW THE CONSTRUCTION OF FIVE TOWNHOME UNITS ON PROPERTY LOCATED AT 122 SHELLEY A VENUE IN A PD (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. GLEN CAHOON. After notification and public hearing, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission finds as follows with regard to File No. PLN2000-34 (PD)/PLN2000-38 (TRP): 1. The proposed Planned Development Permit is consistent with the Land Use Element of the General Plan. 2. The proposed density of 10.42 units per gross acre is no greater than the density allowance of 6-13 units per gross acre permitted in the R-M-S (Multiple-Family Residential) Zoning District. 3. The proposed massing and design is consistent with other developments in the surrounding area and is consistent with the development standards for residential uses. 4. The provision of CC&Rs requiring the formation of a homeowner's association is necessary to ensure the long term property maintenance and continued architectural integrity of the project. 5. The proposed removal of nine (9) existing trees on site is necessary as it restricts the economic enjoyment of the property and creates an unusual hardship for the property owner to development the project as proposed. 6. The removal of some of the existing trees on site is proposed due to the poor condition of the trees as indicated in the certified arborist report submitted by the applicant; the other trees to be removed on site are not protected under the City's Tree Protection Ordinance. 7. An initial study was prepared for this project and no significant environmental impacts were found. Planning Commission Resolutivn No. 3270 PLN2000-34/PLN2000-380-122 Shelley Avenue-Planned Development & Tree Removal Permits Page 2 Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: I. The proposed development and uses clearly will result in a more desirable environment and use of the land than would be possible under any other zoning classification. 2. The development and uses will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 3. The proposed development will not result in allowing more residential units than would be allowed by other residential zoning districts which are consistent with the general plan designation of the property; and 4. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 5, No substantial evidence has been presented which shows that the project, as currently presented, and subject to the required conditions of approval, will have a significant adverse impact on the environment. 6. No evidence has been presented which shows that the project will have a substantial impact on plant or animal life. The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions, in accordance with the ordinances of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. 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 I. Approved Proiect: Approval is granted to construct a 5-unit townhouse development consisting of 2 two-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. Site Plan prepared by Glen Cahoon, stamped as received on March 22, 2000. B. Building elevations, roof plans and floor plans prepared by Glen Cahoon, stamped as received on March 22, 2000. C. Color and material boards submitted by Glen Cahoon. D. Tentative Subdivision Map prepared by Kirkeby Engineering, stamped as received on March 22, 2000. 2. Revised Site Plan: Prior to issuance of building permits, the applicant shall submit a revised site plan to be reviewed and approved by the Community Development Director, adjusting the Planning Commission Resolm..",n No. 3270 PLN2000-34/PLN2000-380-122 Shelley Avenue-Planned Development & Tree Removal Permits Page 3 placement of the two front units, closest to Shelly A yenue, back towards the western property line to accommodate the installation of a minimum two-foot wide landscaping strip along the east property line. 3. Building Division Requirements: A. Permits Required: A building permit application shall be required for the proposed structures. The building permit shall include electrical, plumbing, and mechanical fees when such work is part of the permit. B. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of construction plans submitted for building permit. C. Size of Plans: The maximum size of construction plans submitted for building permits shall be 24 inch x 36 inch. The minimum size is 18 inch x 24 inch. D. Soils Report: Two copies of a current soils report, prepared to the satisfaction of the Building Official, containing foundation and retaining wall design recommendations shall be submitted with the building permit application. This report shall be prepared by a licensed civil engineer specializing in soils mechanics. E. 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: I. pad elevation 2. finished floor elevation (first floor) 3. foundation comer locations F. Title 24 Energy Compliance: California Title 24 Energy Compliance forms CF-IR and MF-IR shall be blue-lined on construction plans. G. Special Inspections: When a special inspection is required by UBC Section 170 I, 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 building permits, in accordance with UBC Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division counter. H. Non-Point Source Control: The City of Campbell, standard Santa Clara Valley Non-point Source Pollution Control Program specification sheet shall be part of the plan submittal. The specification sheet (size 24 inch x 36 inch) is available at the Building Division service counter. I. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. West Valley Sanitation District b. Santa Clara County Fire Department Planning Commission Resolul.Jn No. 3270 PLN2000-34/PLN2000-380-122 Shelley Avenue-Planned Development & Tree Removal Permits Page 4 c. School Districts (Campbell Union School District, Moreland School District, Cambrian School District) d. County Health Department (if required) 4. Landscaping: A. The applicant shall submit landscape and irrigation plans to be reviewed and approved by the Community Development Director. The landscape and irrigation plans shall designate all landscaped areas to be commonly maintained throughout the development. B. The applicant shall be permitted to remove nine (9) trees on site as specified in the applicant's Tree Removal Permit application, based upon the information provided by the applicant and the certified arborist report submitted with the application. C. The applicant shall be required to provide replacement trees for the trees approved to be removed, in accordance with the replacement ratio requirements of the City's Tree Protection Ordinance. D. 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. E. The applicant shall submit a revised site plan to the Community Development Director, adjusting the placement of the front units closest to Shelley A venue, to allow the installation of a minimum two-foot wide planting buffer along the eastern property line of the project adjacent to the driveway. F. The applicant shall be required to make every effort to retain the existing Fruitless Mulberry trees located along the easterly property line. These trees shall not be permitted to be removed until approval has been granted by the Community Development Director. 5. Parking and Drivewav: A. All parking and driveway areas shall be developed in compliance with Chapter 21.50 of the Campbell Municipal Code. B. The applicant shall provide decorative pavement within the driveway and in front of the garages where uncovered parking spaces are provided in the development. 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. 6. 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 home owner's association to ensure the long term maintenance of buildings and properties. B. Continued architectural controls to ensure the architectural integrity of the project. C. Definition for "common" areas to be maintained. D. Provision of maintenance for common area landscaping. Planning Commission Resoluth...i1 No. 3270 PLN2000-34/PLN2000-380-122 Shelley Avenue-Planned Development & Tree Removal Permits Page 5 E. Provision for the long-term property maintenance for the driveway, buildings and common roofs to be repaired, repainted, and/or replaced as necessary. F. Provision of a funding mechanism to ensure maintenance and upkeep of common areas and shared building walls and roofs. G. Provision to require that the interior garage space shall be maintained available at all times for the parking of two vehicles. H. Provision to prohibit use of uncovered parking spaces for outdoor storage purposes. 7. Park Impact Fee: A park impact fee of $7,035 per unit is due upon development of the townhouse project. Credit in the amount of $10,990 will be given for the existing single-family residence. 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. 8. Fences: Any newly proposed fencing shall comply with Section 21.59.090 of the Campbell Municipal Code and shall be submitted for review and approval by the Community Development Department. 9. 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 11.20 I and 11.414, 1985 Ed. Uniform Fire Code). 10. Utility Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to installation of PG&E utility (transformer) boxes and San Jose Water Company back-flow preventers, indicating the location of the boxes and screening (if the boxes are above ground) for approval by the Planning Division. 11. Trash Disposal/Recycling: The applicant shall submit details regarding the design and location of trash disposal/recycling facilities to the City for review and approval prior to issuance of building permits. 12. 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 installation of the lighting. Lighting fixtures shall be of a decorative design to be compatible with the residential development. 13. Garages: Garages shall be maintained at all times in such a way that they are available for the parking of automobiles. Planning Commission Resolul..Al No. 3270 PLN2000-34/PLN2000-380-122 Shelley Avenue-Planned Development & Tree Removal Permits Page 6 CENTRAL FIRE DISTRICT: 14. Required Fire Flow: Required fire flow for this project is 1,750 GPM at 20 psi. residual pressure. The required fire flow is available from area water mains and fire hydrants which are spaced at the required spacing. 15. Fire Apparatus (Engine) Access Roads Required: Provide access roadways with a paved all weather surface and a minimum unobstructed width of 20 feet, vertical clearance of 13 feet 6 inches, minimum circulating radius of 36 feet outside and 23 feet inside, and a maximum slope of 15%. Installations shall conform with Fire Department Standard Details and Specifications A-I. 16. Fire Department (Engine) Roadway Turnaround Required: Provide an approved fire department engine roadway turnaround with a minimum radius of 36 feet outside and 23 feet inside. Installations shall conform with Fire Department Standard Details and Specifications A-I. Verify compliance with Standard A-I. 17. Fire Lane Marking Required: Provide marking for all roadways within the project. Markings shall be per fire department specifications. Installations shall also conform to Local Government Standards and Fire Department Standard Details and Specifications A-6. 18. Required Access to Water Supplv (Hvdrants): Portions of the structure(s) are greater than 150 feet of travel distance from the centerline of the roadway containing public fire hydrants. Provide an on-site fire hydrant OR provide an approved fire sprinkler system throughout all portions of the building. Note specifically units 2, 3,4 and 5. 19. 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 background. PUBLIC WORKS DEPARTMENT: 20. Tentative Map: The applicant shall submit a Tentative Map for review by the City. The current application processing fee is $3,375.00. 21. Final Map: Prior to issuance of any grading or building permits for the site, the applicant shall submit a Final Map for review by the City and recordation, after approval, by the City Council. The current plan check fee is $1,450.00 plus $25 per lot. 22. Preliminary Title Report: Prior to recordation of the Tract Map, the applicant shall provide a current Preliminary Title Report. 23. Right-of-Wav for Public Street Purposes: Prior to recordation of the Final Map, the applicant shall grant additional Right-of-Way for Public Street Purposes along the Shelley Avenue frontage to accommodate a 30 foot half street. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. . Planning Commission ResoluL. A1 No. 3270 PLN2000-34/PLN2000-380-122 Shelley Avenue-Planned Development & Tree Removal Permits Page 7 24. Public Service Easement: Prior to recordation of the Final Map, the applicant shall grant a 10 foot Public Service Easement on private property contiguous with the public right-of-way along the Shelley A venue frontage. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and review and recordation. 25. Easements: Prior to recordation of the Final Map, the applicant shall cause private Easements to be recorded as necessary. 26. Monuments: Prior to recording Final Map, applicant shall provide security guaranteeing the cost of setting all Monuments shown on the record map, as determined by the City Engineer. 27. Street Improvements: Prior to recordation of the Final Map, the applicant shall execute a street improvement agreement and shall cause plans for public Street Improvements to be prepared by a registered civil engineer, pay fees, post security and provide insurance necessary to obtain an encroachment permit for construction of the public improvements, as required by the City Engineer. The plans shall include the following: · Reconstruction of existing pavement, plus conforms at the centerline and at the easterly and westerly ends of the project. · Construction of ADA compliant driveway approach. · Construction of standard attached sidewalk including street trees, tree wells, and irrigation system at approximately 40 on center. · Construction of traffic control, stripes, and signs. . Construction of off-site storm drain facilities. 28. 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. 29. Soils Report: Prior to issuance of any grading or building permits for the site, applicant shall provide a Soils Report prepared by a registered geotechnical or civil engineer. 30. Utilities: All Utilities shall be installed underground in accordance with Section 20.36.150 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. 31. 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. 32. Maintenance Security: Prior to issuance of occupancy approval for the site, all public street improvements required by the street improvement agreement and the encroachment permit must be Planning Commission ResoluL .1 No. 3270 PLN2000-34/PLN2000-380-122 Shelley Avenue-Planned Development & Tree Removal Permits Page 8 completed and accepted by the City and the applicant must provide a one-year Maintenance Security in an amount of 25% of the Faithful Performance Bond. 33. Grading and Drainaf?:e Plan: Prior to issuance of any grading or building permits for the site, the applicant shall conduct hydrology studies based on a 10 year storm frequency, prepare an engineered Grading and Drainage Plan, and pay fees required to obtain necessary grading permits. The plans shall comply with the 1994 edition of the UBC including Chapters 18,33, and Appendix Chapter 33. 34. Storm Drain Area Fee: Prior to recordation of the Final Map, the applicant shall pay the required Storm Drain Area fee which is $956.00. 35. 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. 36. Demolition: Prior to recording of the Final Map/ParceI Map the applicant shall obtain a Demolition permit to remove existing non-conforming structures PASSED AND ADOPTED this II th day of April, 2000, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: COMMISSIONERS: Francois, Gibbons, Kearns COMMISSIONERS: Jones, Lowe COMMISSIONERS: Hernandez, Lindstrom COMMISSIONERS: None APPROVE4C~ 'Y/ (.faJ liz th Gibbons, Chair ATTEST: ~-C Sharon Fierro, Secretary --I ITEM NO.4 ..l...~.O<i ,c~/.)<9 t: ~ v r- o 0 '" '" 1- " (' ,-' 'o~CH""Q' STAFF REPORT - PLANNING COMMISSION MEETING OF April 11, 2000 PLN2000-32 (ZC) P LN2000-33 (TS) PLN2000-34 (PD) PLN2000-38 (TRP) Cahoon, G. Public Hearing to consider the applications of Mr. Glen Cahoon, on behalf of Shelley Properties LLC, to allow the following on property located at 122 Shelley Avenue in an R-M-S (Multiple Family Residential) Zoning District: a) A Zone Change from R-M-S (Multiple Family Residential) to PD (Planned Development); b) A Planned Development Permit to allow construction of five (5) townhouse units; c) A Tentative Parcel Map to create five (5) townhouse lots and a common lot for access. d) A Tree Removal Permit to allow the removal of nine (9) existing trees on site. STAFF RECOMMENDATION That the Planning Commission take the following action: 1. Recommend that the City Council grant a Negative Declaration for this project based upon the attached findings; and 2. Adopt a Resolution incorporating the attached findings, recommending that the City Council approve a Zone Change from R-M-S (Multiple Family Residential) to PD (Planned Development); and 3. Adopt a Resolution incorporating the attached findings, recommending that the City Council approve a Planned Development Permit to allow the construction of five (5) townhouse units, subject to the attached Conditions of Approval; and 4. Adopt a Resolution recommending that the City Council approve a Tentative Subdivision Map, subject to the attached Conditions of Approval; and 5. Recommend that the City Council approve a Tree Removal Permit to allow removal of nine (9) trees in conjunction with the development ofthe project. Staff Report - Planning Commission Meeting of April 11, 2000 PLN2000-32, 33, 34 and 38 - 122 Shelley Avenue Page 2 ENVIRONMENTAL DETERMINATION In accordance with CEQA, the City conducted an Initial Study for this project. The results of the study determined that no significant impacts would be created as a result of this project. Based upon the information provided in the environmental assessment, Staff recommends that the Planning Commission recommend that the City Council adopt the Negative Declaration prepared for this project. The Initial Study and the findings in support of the Negative Declaration are included as an attachment to this report. PROJECT DATA Gross Lot Area: Net Lot Area: Project Density: Site Utilization: Building Coverage: Landscape Coverage: Paving Coverage: Floor Area Ratio (FAR): (including garages) Parking Provided: Required: Unit Summary: Unit 1 Model A Unit 2 Model A Unit 3 Model A Unit 4 Model B Unit 5 Model B .48 acres .42 acres 20,888 square feet 18,496 square feet 10.42 units per gross acre 30.5% 38% 31.5% 5,649 sq. ft. 7,028 sq. ft. 5,819 sq. ft. .59 10,948 sq. ft. 18 parking spaces (10 covered, 8 uncovered) 18 parking spaces (Minimum of 5 covered/3.5 spaces per unit) 3 BR/2.5 BA 3 BR/2.5 BA 3 BR/2.5 BA 4 BR/2.5 BA 4 BR/2.5 BA 1,676 sf+ 420 sf garage 1,676 sf + 420 sf garage 1,676 sf + 420 sf garage 1,895 sf + 435 sf garage 1,895 sf + 435 sf garage DISCUSSION Applicant's Proposal: The applicant, Glen Cahoon, is requesting approval of a Zone Change (PLN2000-32) from an R-M-S (Multiple Family Residential) to a Planned Development (PD) zoning district, a Planned Development Permit (PLN2000-34), a Tentative Subdivision Map (PLN2000-33) and a Tree Removal Permit (PLN2000-38) to allow the construction of a five (5) unit townhouse development on property located at 122 Shelley Avenue. The subject property is located on the south side of Shelley Avenue, west of Bascom Avenue and east of White Oaks Road. The project site is surrounded by a single-family residence and multiple-family residences -- Staff Report - Planning Commission Meeting of April 11, 2000 PLN2000-32, 33, 34 and 38 -122 Shelley Avenue Page 3 to the north across Shelley Avenue, multiple-family residences to the south, and townhouses to the east and west of the subject property. Background: The project site is currently developed with a single-family residence and a detached garage. These structures will be removed for the construction of the townhouse units. ANALYSIS General Plan Designation: The General Plan land use designation for the project site is Low Medium Density Residential (6-13 units per gross acre). The proposed project will be developed at a density of 10.42 units per gross acre, which is within the density range allowed for the site. Therefore, the proposed project is consistent with the General Plan. Zoning Designation: The zoning designation for the project site is R-M-S (Multiple Family Residential). Under this zoning designation, a maximum of six (6) units could be constructed on the project site, if all other development standards (i.e. open space, parking, etc.) could be met. The applicant is requesting approval of a Zone Change from an R-M-S to a Planned Development zoning district to allow for the development of townhouse units, each to be constructed on individual lots. The zone change does not affect the maximum density range allowance for the property, but does allow for the separate ownership of units as opposed to the development of multiple units on a single lot (i.e. rental units). Site Plan: The site plan proposes the construction of five (5) attached townhouse units within two buildings that will be accessed by a 20-foot wide common interior driveway along the east property line. One of the buildings will consist of three (3) units and will be oriented along the west side of the subject site. The first unit in this building will have direct frontage onto Shelley Avenue and will have a front yard setbac-l( of approximately 20 feet from the back of sidewalk. The second building will consist of two (2) units and will be located at the rear of the subject site. Each ofthe units will have private rear yard areas that will range in depth between 11 and 16 feet. In addition, landscaping strips will be provided along the front of those units facing the driveway and along the side yard of those units located at the rear of the site to provide for buffering between the buildings and the driveway and to soften the visual impact of the buildings. The common lot for the development will consist of the common driveway, common front and side yard landscaping (including landscaping along the east property line) and uncovered parking spaces for the project. For the three (3) units located along the west side of the property, the uncovered parking spaces will be located in front of the garages; the uncovered parking spaces for the two (2) rear units will be located and the end of the driveway along the west side of the subject site. Staff Report - Planning Commission Meeting of April 11, 2000 PLN2000-32, 33, 34 and 38 - 122 Shelley Avenue Page 4 Building Design: The proposed townhouse development will consist of 2 two-story buildings. The three-unit townhouse building located on the west side of the property and facing Shelley A venue will have a stucco wall exterior with stucco stone veneer wainscoting and hipped roofs with composition asphalt shingles. To provide some relief from flat wall surfaces, the design also incorporates a bowed bay window and addition of a porch element along the front entry of each unit. The proposed colors for the exterior of the building will be "Navajo white" for the stucco wall, charcoal gray for the composition shingle roofing and "Riviera green" for the entry door and window framing. The two-unit townhouse building at the rear of the site will have lap siding and hipped roofs with composition asphalt shingles. Stucco stone veneer will also be applied around the garages of these units to provide some visual accents to the building design and to soften the visual impact of the garages. The proposed colors for the building include a "Manchurian apricot" color for the lap siding, charcoal gray for the composition shingle roofing and gray for the entry door and window framing. Staff has reviewed the proposed designs of the townhouse units and is supportive of the proposed project. Landscaping: The project site currently has several mature trees and the applicant has submitted a certified arborist report indicating the condition of each of the trees. The applicant has submitted a Tree Removal Permit application to remove nine (9) of these trees to accommodate development of the townhouse units and driveway in those locations; the remaining trees are proposed to be retained on site, including many mature redwood, pine and cedar trees along the west and southern property lines. These trees to remain will provide screening and buffering between the adjacent townhouse complex to the west and the adjacent multi-family residential complex to the south. The proposed trees to be removed have either been determined to be in poor condition or have trunk diameters under 12 inches that are not protected under the Tree Protection Ordinance. Additional trees will be required to be planted on site as replacement trees for these removed trees in accordance with the City's Tree Protection Ordinance. The conceptual landscaped areas on the site plan also indicate landscaping strips along the east side of the property adjacent to the driveway, along the side yards of all of the units and along the front of the units in the three-unit building. As a part of the conditions of approval for the project, a condition has been added that will require the applicant to submit a detailed landscaping plan to be reviewed and approved by the Community Development Director which details the type of landscaping to be installed for the project, including the replacement trees. -" Staff Report - Planning Commission Meeting of April 11, 2000 PLN2000-32, 33, 34 and 38 - 122 Shelley Avenue Page 5 All of the landscaped areas within the front of the units, including the front yard along Shelley Avenue, the side yards and along the driveway will be commonly maintained and included in the common landscape area to be maintained by a home owner's association. The City has received one letter of request by Ms. Lisa Karpinski submitted on March 30, 2000 concerning the proposed trees to be removed. In the letter, Ms. Karpinski requests that the trees not be removed if there are methods to remove or to treat the diseased portions of the trees. Ms. Karpinksi is not a resident within the neighborhood, but has expressed her opinion that the trees add to the aesthetic beauty of the neighborhood. Parking: The applicant is providing a total of 18 parking spaces for the project. Each unit will be provided with a two-car garage for a total of 10 covered parking spaces. Six (6) uncovered parking spaces will be provided in front of the garages of the three-unit building. Two (2) uncovered parking spaces will be accommodated at the end of the driveway for the rear units. The project meets the City's parking requirements by providing 3.5 parking spaces per unit. Tentative Parcel Map: The applicant is requesting approval of a Tentative Subdivision Map to subdivide the property into five (5) residential lots and one common lot for the driveway access and common landscape areas. Staff recommends that prior to recordation of the final parcel map and issuance of any building permits, the applicant provide draft Covenants, Conditions and Restrictions (CC&Rs) to the Community Development Department for review which provide for: A. Formation of a home owner's association to ensure the long term maintenance of buildings and properties. B. Continued architectural controls to ensure the architectural integrity of the project. C. Definition for "common" areas to be maintained. D. Provision of maintenance for common landscaped areas. E. Provision for the long term property maintenance for the driveway, buildings and common roofs to be repaired, repainted, and/or replaced as necessary. F. Provision of a funding mechanism to ensure maintenance and upkeep of common areas and shared building walls and roofs. G. Provision for the availability of interior garage space for the parking of two (2) vehicles at all times. H. Provision to prohibit use of uncovered parking spaces for outdoor storage purposes. Staff recommends that the applicant submit the draft CC&Rs for the project to be reviewed and approved by the Community Development Director, City Engineer and City Attorney which will satisfy the City's need to ensure the proper maintenance and upkeep of the development. Staff Report - Planning Commission Meeting of April 11, 2000 PLN2000-32, 33, 34 and 38 -122 Shelley Avenue Page 6 Site and Architectural Review Committee: The Site and Architectural Review Committee reviewed this development project at its meeting of March 28,2000. Upon review of the project, the Site and Architectural Review Committee expressed support for the project as proposed with the addition of the following recommendation: 1. Add decorative paving within the driveway for the townhouse development and in front of the garages of each of the units to provide distinction between uncovered parking spaces and driveway area. Attachments: 1. Recommended Findings for PLN2000-32 (Zone Change) 2. Recommended Findings for PLN2000-34 (Planned Development Permit) 3. Conditions of Approval for PLN2000-34 4. Recommended Findings for PLN2000-33 (Tentative Subdivision Map) 5. Conditions of Approval for PLN2000-33 6. Exhibits 7. Initial Study/Environmental Documentation 8. Location Map Prepared by: tlIet.~. ~ Aki R. Irani, Planner I Approved by: .~~ Sharon Fierro, Interim Community Development Director Attachment # 1 FINDINGS FOR RECOMMENDED APPROVAL OF FILE NO. PLN2000-32 (Zone Change) SITE ADDRESS: 122 Shelley Avenue APPLICANT: Glen Cahoon on behalf of Shelley Properties LLC P.C. MEETING: April 11, 2000 Findings for Recommended Approval of a Zone Change The Planning Commission finds as follows with regard to File No. PLN2000-32: 1. The proposed Zone Change is consistent with the General Plan. 2. The proposed density of 10.42 units per gross acre is no greater than would be allowed by the R-M-S (Multiple-Family Residential) Zoning District. 3. The proposed Planned Development Zoning will allow greater flexibility in placement of buildings and design to fit the site and the neighborhood. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed development and uses clearly will result in a more desirable environment and use of the land than would be possible under any other zoning classification. 2. The development and uses would be compatible with the General Plan of the City and will aid in the harmonious development ofthe immediate area. 3. 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. 4. No evidence has been presented which shows that the project will have a substantial impact on plant or animal life. Attachment #2 FINDINGS FOR RECOMMENDED APPROVAL OF FILE NO. PLN2000-34 (PD Permit) SITE ADDRESS: 122 Shelley Avenue APPLICANT: Glen Cahoon, on behalf of Shelley Properties LLC P.C. MEETING: April 11, 2000 Findings for Recommended Approval of a Planned Development Permit The Planning Commission finds as follows with regard to File No. PLN2000-34: 1. The proposed Planned Development Permit is consistent with the Land Use Element of the General Plan. 2. The proposed density of 10.42 units per gross acre is no greater than the density allowance of 6-13 units per gross acre permitted in the R-M-S (Multiple-Family Residential) Zoning District. 3. The proposed massing and design is consistent with other developments in the surrounding area and is consistent with the development standards for residential uses. 4. The provision of CC&Rs requiring the formation of a homeowner's association is necessary to ensure the long term property maintenance and continued architectural integrity of the project. 5. The proposed removal of nine (9) existing trees on site is necessary as it restricts the economic enjoyment of the property and creates an unusual hardship for the property owner to development the project as proposed. 6. The removal of some of the existing trees on site is proposed due to the poor condition of the trees as indicated in the certified arborist report submitted by the applicant; the other trees to be removed on site are not protected under the City's Tree Protection Ordinance. 7. An initial study was prepared for this project and no significant environmental impacts were found. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed 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. - Recommended Findings - Planning Commission Meeting of April 11, 2000 PLN2000-34 -122 Shelley Avenue Page 2 3. The proposed development will not result in allowing more residential units than would be allowed by other residential zoning districts which are consistent with the general plan designation of the property; and 4. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 5. No substantial evidence has been presented which shows that the project, as currently presented, and subject to the required conditions of approval, will have a significant adverse impact on the environment. 6. No evidence has been presented which shows that the project will have a substantial impact on plant or animal life. Attachment #3 CONDITIONS OF APPROVAL FOR FILE NO. PLN2000-34 (PD Permit) SITE ADDRESS: 122 Shelley Avenue APPLICANT: Glen Cahoon on behalf of Shelley Properties LLC P.C. MEETING: April 11, 2000 The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the ordinance of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. 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 1. Approved Project: Approval is granted to construct a 5-unit townhouse development consisting of 2 two-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. Site Plan prepared by Glen Cahoon, stamped as received on March 22, 2000. B. Building elevations, roof plans and floor plans prepared by Glen Cahoon, stamped as received on March 22,2000. C. Color and material boards submitted by Glen Cahoon. D. Tentative Subdivision Map prepared by Kirkeby Engineering, stamped as received on March 22, 2000. 2. Building Division Requirements: .A. /' /8. Permits Required: A building permit application shall be required for the proposed structures. The building permit shall include electrical, plumbing, and mechanical fees when such work is part of the permit. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of construction plans submitted for building permit. Size of Plans: The maximum size of construction plans submitted for building permits shall be 24 inch x 36 inch. The minimum size is 18 inch x 24 inch. Soils Report: Two copies of a current soils report, prepared to the satisfaction of the Building Official, containing foundation and retaining wall design recommendations shall be submitted with the building permit application. This report shall be prepared by a licensed civil engineer specializing in soils mechanics. ~. ~. Recommended Conditions of Approval -- Planning Commission Meeting of April 11, 2000 PLN2000-34 -122 Shelley Avenue Page 2 E. 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. finished floor elevation (frrst floor) c. foundation comer locations ---- /. Title 24 Energy Compliance: California Title 24 Energy Compliance forms CF -1 Rand MF-IR shall be blue-lined on construction plans. Special Inspections: When a special inspection is required by UBC 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 building permits, in accordance with UBC Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division counter. Non-Point Source Control: The City of Campbell, standard Santa Clara Valley Non- point Source Pollution Control Program specification sheet shall be part of the plan submittal. The specification sheet (size 24 inch x 36 inch) is available at the Building Division service counter. I. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: G. ,/ ...........-H. a. West Valley Sanitation District b. Santa Clara County Fire Department c. School Districts (Campbell Union School District, Moreland School District, Cambrian School District) d. County Health Department (if required) 3. Landscaping: A. The applicant shall submit landscape and irrigation plans to be reviewed and approved by ...-------"""'--the Community Development Director. The landscape and irrigation plans shall designate . all landscaped areas to be commonly maintained throughout the development. B. The applicant shall be permitted to remove nine (9) trees on site as specified in the applicant's Tree Removal Permit application, based upon the information provided by the applicant and the certified arborist report submitted with the application. Recommended Conditions of Approval- Planning Commission Meeting of April 11, 2000 PLN2000-34 -122 Shelley Avenue Page 3 C. The applicant shall be required to provide replacement trees for the trees approved to be removed, in accordance with the replacement ratio requirements of the City's Tree Protection Ordinance. D. A tre,yprotection plan shall be submitted prior to issuance of a building permit in ,----accocdance with the City's Water Efficient Landscape Standards (WELS) for any trees to be retained on site. 4. Parking and Driveway: A. All parking and driveway areas shall be developed in compliance with Chapter 21.50 of /' the Campbell Municipal Code. B. The applicant shall provide decorative pavement within the driveway and in front of the garages where uncovered parking spaces are provided in the development. 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. 5. Covenants, Codes and Restrictions (CC&Rs): The applicant shall be required to submit for ,// review and approval by the City Attorney and Community Development Director a copy of the CC&Rs which shall include the following: A. Formation of a home owner'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 for "common" areas to be maintained. D. Provision of maintenance for common area landscaping. E. Provision for the long-term property maintenance for the driveway, buildings and common roofs to be repaired, repainted, and/or replaced as necessary. F. Provision of a funding mechanism to ensure maintenance and upkeep of common areas and shared building walls and roofs. G. Provision to require that the interior garage space shall be maintained available at all times for the parking of two vehicles. H. Provision to prohibit use of uncovered parking spaces for outdoor storage purposes. 6. Park Impact Fee: A park impact fee of $7,035 per unit is due upon development of the townhouse project. Credit in the amount of $10,990 will be given for the existing single- family residence. 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. 7. Fences: Any newly proposed fencing shall comply with Section 21.59.090 of the Campbell ~unicipal Code and shall be submitted for review and approval by the Community Development Department. Recommended Conditions of Approval - Planning Commission Meeting of April 11, 2000 PLN2000-34 -122 Shelley Avenue Page 4 8. Property Maintenance: The property is to be maintained free of any combustible trash, debris and weeds until the time that actual construction commences. All existing structures shall be /,/' secured by having windows boarded up and doors sealed shut, or be demolished or removed / from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). 9. Utility Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to insjaHation of PG&E utility (transformer) boxes and San Jose Water Company back-flow heventers, indicating the location of the boxes and screening (if the boxes are above ground) for approval by the Planning Division. 10. Trash Disposal/Recycling: The applicant shall submit details regarding the design and location of trash disposal/recycling facilities to the City for review and approval prior to issuance of building permits. 11. On-site lighting: On-site lighting shall be shielded away from adjacent properties and directect-Ori site. The design and type of lighting fixtures and lighting intensity of any ~posed exterior lighting for the project shall be reviewed and approved by the Community Development Director prior to installation of the lighting. Lighting fixtures shall be of a decorative design to be compatible with the residential development. /-Garages: Garages sha~l be maintained at all times in such a way that they are available for , the parkmg of automobIles. CENTRAL FIRE DISTRICT: ~~ired Fire Flow: Required fire flow for this project is 1,750 GPM at 20 psi. residual pressure. The required fire flow is available from area water mains and fire hydrants which are spaced at the required spacing. 14. Fire Apparatus (Engine) Access Roads Required: Provide access roadways with a paved all weather surface and a minimum unobstructed width of 20 feet, vertical clearance of 13 feet 6 inches, minimum circulating radius of 36 feet outside and 23 feet inside, and a maximum slope of 15%. Installations shall conform with Fire Department Standard Details and Specifications A-I. 15. Fire Department (Engine) Roadway Turnaround Required: Provide an approved fire department engine roadway turnaround with a minimum radius of 36 feet outside and 23 feet inside. Installations shall conform with Fire Department Standard Details and Specifications A-I. Verify compliance with Standard A-I. Recommended Conditions of Approval - Plarming Commission Meeting of April 11, 2000 PLN2000-34 -122 Shelley Avenue Page 5 16. Fire..Lane Markin Re uired: Provide marking for all roadways within the project. Markings shall be per fire department specifications. Installations shall also conform to Local Government Standards and Fire Department Standard Details and Specifications A-6. 17. Required Access to Water Supply (Hydrants): Portions of the structure(s) are greater than 150 feet of travel distance from the centerline of the roadway containing public fire hydrants. Provide an on-site fire hydrant OR provide an approved fire sprinkler system throughout all portions of the building. Note specifically units 2,3,4 and 5. 18. 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 background. PUBLIC WORKS DEPARTMENT: 19. Tentative Map: The applicant shall submit a Tentative Map for review by the City. The current application processing fee is $3,375.00. 20. Final Map: Prior to issuance of any grading or building permits for the site, the applicant shall submit a Final Map for review by the City and recordation, after approval, by the City Council. The current plan check fee is $1,450.00 plus $25 per lot. 21. Preliminary Title Report: Prior to recordation of the Tract Map, the applicant shall provide a current Preliminary Title Report. 22. Right-of-Way for Public Street Purposes: Prior to recordation of the Final Map, the applicant shall grant additional Right-of-Way for Public Street Purposes along the Shelley Avenue frontage to accommodate a 30 foot half street. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 23. Public Service Easement: Prior to recordation of the Final Map, the applicant shall grant a 10 foot Public Service Easement on private property contiguous with the public right-of-way along the Shelley Avenue frontage. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and review and recordation. /,,24. Easements: Prior to recordation of the Final Map, the applicant shall cause private Easements to be recorded as necessary. Recommended Conditions of Approval- Planning Commission Meeting of April II, 2000 PLN2000-34 - 122 Shelley Avenue Page 6 25. Monuments: Prior to recording Final Map, applicant shall provide security guaranteeing the -~ ' cost of setting all Monuments shown on the record map, as determined by the City Engineer. 26. Street Improvements: Prior to recordation of the Final Map, the applicant shall execute a street improvement agreement and shall cause plans for public Street Improvements to be ,/ prepared by a registered civil engineer, pay fees, post security and provide insurance necessary to obtain an encroachment permit for construction of the public improvements, as required by the City Engineer. The plans shall include the following: . Reconstruction of existing pavement, plus conforms at the centerline and at the easterly and westerly ends of the project. . Construction of ADA compliant driveway approach. . Construction of standard attached sidewalk including street trees, tree wells, and irrigation system at approximately 40 on center. . Construction of traffic control, stripes, and signs. . Construction of off-site storm drain facilities. 27. 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. 28. Soils Report: Prior to issuance of any grading or building permits for the site, applicant shall provide a Soils Report prepared by a registered geotechnical or civil engineer. ..----. 29. Utilities: All Utilities shall be installed underground in accordance with Section 20.36.150 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companIes. 30. 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. 31. Maintenance Security: Prior to issuance of occupancy approval for the site, all public street improvements required by the street improvement agreement and the encroachment permit must be completed and accepted by the City and the applicant must provide a one-year Maintenance Security in an amount of25% of the Faithful Performance Bond. Recommended Conditions of Approval- Planning Commission Meeting of April 11, 2000 PLN2000-34 -122 Shelley Avenue Page 7 32. Grading and Drainage Plan: Prior to issuance of any grading or building permits for the site, ~- the applicant shall conduct hydrology studies based on a 10 year storm frequency, prepare an engineered Grading and Drainage Plan, and pay fees required to obtain necessary grading permits. The plans shall comply with the 1994 edition of the UBC including Chapters 18, 33, and Appendix Chapter 33. 33. Storm Drain Area Fee: Prior to recordation of the Final Map, the applicant shall pay the ,---- required Storm Drain Area fee which is $956.00. 34. 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. ,..---- 35. Demolition: Prior to recording of the Final Map/Parcel Map the applicant shall obtain a Demolition permit to remove existing non-conforming structures Attachment #4 FINDINGS FOR RECOMMENDED APPROVAL OF FILE NO. PLN2000-33 (Tentative Subdivision Map) SITE ADDRESS: APPLICANT: P.C. MEETING: 122 Shelley Avenue Glen Cahoon, on behalf of Shelley Properties LLC April 11, 2000 Findings for Recommended Approval of a Tentative Subdivision Map for the creation of five (5) residential lots and a common lot The Planning Commission finds as follows with regard to File No. PLN2000-33: 1. The proposed subdivision density of 10.42 units per gross acre is no greater than the density allowance of 6-13 units per gross acre permitted in the Low-Medium Density Residential land use shown on the Land Use Element of the General Plan. 2. An initial study was prepared for this project and no significant environmental impacts were found. 3. The provisions of the CC&Rs are necessary to ensure the long term property maintenance and continued architectural integrity of the project. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: I. 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 and the public service needs of its residents and available fiscal and environmental resources. 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. No evidence has been presented which shows that the project will have a substantial impact on plant or animal life. Attachment #5 CONDITIONS OF APPROVAL FOR FILE NO. PLN2000-33 (Tentative Subdivision Map) SITE ADDRESS: 122 Shelley Avenue APPLICANT: Glen Cahoon on behalf of Shelley Properties LLC P.C. MEETING: Aprilll,2000 The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the ordinance of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. 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 1. Approved Project: Approval is granted for a Tentative Subdivision Map allowing the creation of five (5) residential lots and a common lot for a five (5) unit townhouse development on property located at 122 Shelley Avenue. The map shall substantially conform to the map prepared by Kirkeby Engineering, stamped as received on March 22, 2000. 2. . Tree Protection Plan: 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. ~ 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 home owner's association to ensure the long term maintenance of buildings and properties. B. Continued architectural controls to ensure the architectural integrity of the project. C. Definition for "common" areas to be maintained. D. Provision of maintenance for common area landscaping. E. Provision for the long-term property maintenance for the driveway, buildings and common roofs to be repaired, repainted, and/or replaced as necessary. F. Provision of a funding mechanism to ensure maintenance and upkeep of common areas and shared building walls and roofs. G. Provision to require that the interior garage space shall be maintained available at all times for the parking of two vehicles. H. Provision to prohibit use of uncovered parking spaces for outdoor storage purposes. ~. Park Impact Fee: A park impact fee of $7,035 per unit is due upon development of the townhouse project. Credit in the amount of $10,990 will be given for the existing single- family residence. 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. Recommended Conditions of Approval - Planning Commission Meeting of April 11, 2000 PLN2000-33 -122 Shelley Avenue Page 2 5. ~. 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: 6. Tentative Map: The applicant shall submit a Tentative Map for review by the City. The current application processing fee is $3,375.00. \'/'7. Final Map: Prior to issuance of any grading or building permits for the site, the applicant shall submit a Final Map for review by the City and recordation, after approval, by the City Council. The current plan check fee is $1,450.00 plus $25 per lot. \/8. Preliminary Title Report: Prior to recordation of the Tract Map, the applicant shall provide a current Preliminary Title Report. v.i. Right-of-Way for Public Street Purposes: Prior to recordation of the Final Map, the applicant shall grant additional Right-of-Way for Public Street Purposes along the Shelley Avenue frontage to accommodate a 30 foot half street. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. '-''10. Public Service Easement: Prior to recordation of the Final Map, the applicant shall grant a 10 foot Public Service Easement on private property contiguous with the public right-of-way along the Shelley Avenue frontage. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and review and recordation. \/fl. Easements: Prior to recordation of the Final Map, the applicant shall cause private Easements to be recorded as necessary. y. Monuments: Prior to recording Final Map, applicant shall provide security guaranteeing the cost of setting all Monuments shown on the record map, as determined by the City Engineer. fiStreet Improvements: Prior to recordation of the Final Map, the applicant shall execute a street improvement agreement and shall cause plans for public Street Improvements to be prepared by a registered civil engineer, pay fees, post security and provide insurance necessary to obtain an encroachment permit for construction of the public improvements, as required by the City Engineer. The plans shall include the following: Recommended Conditions of Approval- Planning Commission Meeting of April 11, 2000 PLN2000-32 - 122 Shelley Avenue Page 3 . Reconstruction of existing pavement, plus conforms at the centerline and at the easterly and westerly ends of the project. . Construction of ADA compliant driveway approach. . Construction of standard attached sidewalk including street trees, tree wells, and irrigation system at approximately 40 on center. . Construction of traffic control, stripes, and signs. . Construction of off-site storm drain facilities. ~. 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. v--t5. Soils Report: Prior to issuance of any grading or building permits for the site, applicant shall provide a Soils Report prepared by a registered geotechnical or civil engineer. , t6. Utilities: All Utilities shall be installed underground in accordance with Section 20.36.150 of \...,.../"" the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility compames. 17. 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. 18. Maintenance Security: Prior to issuance of occupancy approval for the site, all public street improvements required by the street improvement agreement and the encroachment permit must be completed and accepted by the City and the applicant must provide a one-year Maintenance Security in an amount of25% of the Faithful Performance Bond. ~"Grading and Drainage Plan: Prior to issuance of any grading or building permits for the site, the applicant shall conduct hydrology studies based on a 10 year storm frequency, prepare an engineered Grading and Drainage Plan, and pay fees required to obtain necessary grading permits. The plans shall comply with the 1994 edition of the UBC including Chapters 18, 33, and Appendix Chapter 33. .~"20. Storm Drain Area Fee: Prior to recordation of the Final Map, the applicant shall pay the required Storm Drain Area fee which is $956.00. Recommended Conditions of Approval- Planning Commission Meeting of April 11, 2000 PLN2000-33 -122 Shelley Avenue Page 4 21. 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. 22. Demolition: Prior to recording of the Final Map/Parcel Map the applicant shall obtain a Demolition permit to remove existing non-conforming structures. ~-30-2000 09:48 P.02/02 ~ -",,",, ....... City of Campbell Planning Commission 70 North First Street Campbell, CA Subject: Proposed tree removal at 122 Shelley Ave., Campbell March 29, 2000 To whom it may concern: I am not able to attend the Planning Commission meeting in person and am thus submitting my concerns in writing. My name is Lisa Karpinski. I live at 965 Coeur 0' Alene Way, Sunnyvale, CA 94087. I enjoy walking on Sherman and do so frequently (about 3 times per week), in part because my acupuncturist is located nearby on White Oaks (Ta's Healing Center), as are my voice lessons (Showcase Music Institute on Bascom near Camden). The following are my comments regarding the proposal to remove several trees from the 122 Shelley Ave. property. I spoke with the current tenant and was informed that part of the reason for tree removal was due to presumed beetle infestation. Has a qualified biologist! arborist examined all the proposed trees to be removed to determine that they are, in fact, diseased? My educational background is in biology (BA from UCSC), and upon visual inspection of the trees, I noticed that a few seemed to be diseased, but not all. In fact, the one closest to the street and driveway was the only one that I would recommend removing, without actually collecting and analyzing samples from all the trees. For those that are found to be diseased, are there alternatives to their removal? For example, they might be treated with a chemical, or the diseased sections might be removed. Have alternatives been investigated and adequately considered? My concern is that in this valley of fast-growing development and increasingly crowded conditions, there is a tendency to overlook the importance that large trees contribute to our quality of life. Specifically, to our aesthetic sense of beauty, space, and an unquantifiable but very real sense of connection to the wild. I understand and respect the need to control disease, but I would also ask that these large trees be valued for what they are: providers of beauty in a society surrounded by concrete. They contribute to the quality of life not just of the neighborhood, but also to those passing through, like me. In fact, I walk on that street specifically because of the large trees, and avoid other streets with new subdivisions where the trees are still spindly. It is not adequate, in my mind, to simply increase the ratio of planting when removing large trees. Because trees take so long to grow, it is not enouJdl to simply plant a larger quantity. Whenever possible, large trees need to be left alone, for the ~fit of posterity, as well as of ou:rselves. Thank you for your consideration. Sincerely, Lisa Karpinski TOTAL P. 02