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PD - Onyx Project - 2004 ". MEMORANDUM To: Melinda Denis PIa er 1, Community Development From: Date: Subject: 1815 S. Bascom Avenue At the regular meeting of December 7,2004, the Cily COWlCiI gave finaJ adoption to: 1. Ordinance 2052 approving a Zone Change (PLN 2004-114) from P-D (Planned Development to C-PD (Condominium Planned Development) for property located at 1815 S. Bascom Avenue; and 2. Ordinance 2053 approving a Planned Development Permit (PLN 2004-115) to allow the construction of a four-story mixed use building accommodating 4,850 square feet of retail space, and 45 residential condominiums for property located at 1815 S. Bascom Avenue. Please flOd a certified copy of the above Ordinances attached for your records. Also attached is a copy of the follow-up notification to the applicant, Pang Brothers Investment Company. The Ordinance will be published in the Campbell Express dated December 15, 2004. December 8, 2004 Pang Brothers Investment Company Attn: Jonathan Pang 1815 S. Bascom Avenue Campbell, CA 95008 Dear Mr. Pang: At the regular meeting of December 7, 2004, the Campbell City Council gave second reading to the following Ordinances: 1. Ordinance 2052 approving a Zone Change (pLN 2004-114) from P- D (planned Development) to C-PD (Condominium Planned Development) for property located at 1815 S. Bascom Avenue; and 2. Ordinance 2053 approving a Planned Development Permit (pLN 2004-115) to allow the construction of a new four-story mixed use building accommodating 4,850 square feet of retail space and 45 residential condominiums for property located at 1815 S. Bascom Avenue. A certified copy of both Ordinances is enclosed for your records. Please note that the Ordinances will become' effective thirty days from the date of second reading. Please do not hesitate to contact this office (866-2117) or Melinda Denis, Planner I, should you have any questions in regard to the City Council's action. Wr. (We. ~ Ene. cc. Anthony Ho, Miro Design Group, 1895 Dobbin Dr., #12, San Jose, CA 95133 Melinda Denis, Community Development Department 70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2117 . FAX 408.374.6889 . TOD 408.866.2790 - .' ORDINANCE NO. 2052 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A ZONING CLASSIFICATION CHANGE (pLN2004-114) FROM PD (pLANNED DEVELOPMENT) TO C-PD (CONDOMINIUM/PLANNED DEVELOPMENT) ZONING DISTRICT ON PROPERTY OWNED BY PANG BROTHERS INVESTMENT COMPANY LOCATED AT 1815 S. BASCOM AVENUE IN A PD (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. ANTHONY HO, ON BEHALF OF PANG BROTHERS INVESTMENT COMPANY. FILE NO.: PLN2004-114. The City Council of the City of Campbell does ordain as follows: SECTION ONE: That the Zoning Map of the City of Campbell is hereby changed and amended by adopting the attached Exhibit A, entitled Map of Said Property, as per the application of Mr. Anthony Ho, on behalf of Pang Brothers Investment Company, for approval of a Zoning Classification Change (PLN2004-114) for property located at 1815 S. Bascom Avenue from PD (Planned Development) to C-PD (Condominium/Planned Development). SECTION TWO: This ordinance shall become effective thirty (30) days following its passage and adoption shall be published once within fifteen (15) days upon passage and adoption in the Campbell Express, a newspaper of general circulation in the City of Campbell, County of Santa Clara, State of California. PASSED AND ADOPTED this 7th day of December role call vote: , 2004, by the following AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Furtado, Watson, Dean, Kennedy, Burr None None None APPRO~~ ~~~ onald R. Burr, Mayor ATTEST: ~ Anne Bybee, City Clerk ___ 18 A TlIDII ftit'" ,N9T'I'\1lU"'" ---- -~'" Of'nt8~ ........ ~ ()OP't - U! 1M ntl& Ol''fl(li. ctT'I Oft f'\ ~ 01," OLB'K. : AMtIE ~lfOAMIA. ~j~ - I . I~! i ;~~ I Ii ~ H ! -'" 1'1 :11=1. I ~I . . Ii r li;~! i B ! Exhibit A UU - ;! ~ I -e ! fi i I . I iI II I i I g II; II! ~ " Ii I I i J i I s d I HP 1 j III .J ffj.qj~J't JI'II ~JJq j s.ldJ .! I~ I H'jf I i I : i i .' 1'" I ~ : ~ .1: :! nlll: :: l!l i - · "< . I J " , I "~i . I I ' I ~t I , I f ' II i ~r ' ~ :;;: ;: ~ '" {: ~l' tI) ;~ !~; ~ : I~, !~: tI.] .; :x:>: !e; o . .~: i~ ',~' ~ :s ~ ~i ,f' <z""'" '" " ~ ~....... v,"'~ ~ Il.. ~;U' ~ ~ ~ ." >u~ jooooj - ~ z ~:1- ' ~~~ z g: Q. ~~8 ~ o ~ , . '. . . . .. .~t.I'I'! il " . I . ~ .11~-;1 ' ,; i ~~ , r1 . ~ ! ! ! ! ! i , , \, -rl .to :: i >- ;::.: ,..:' Vi: : 0:\ ::I: <5' , ,; ~;.: .'1~ - . c.: " '" +'.l-sf.._ .r ~., ~ o..J .....'! ORDINANCE NO. 2053 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A PLANNED DEVELOPMENT PERMIT (PLN2004-115) TO ALLOW THE CONSTRUCTION OF A NEW FOUR- STORY MIXED USE BUILDING ON PROPERTY OWNED BY PANG BROTHERS INVESTMENT COMPANY LOCATED AT 1815 S. BASCOM A VENUE IN A C-PD (CONDOMINIUM PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. ANTHONY HO, ON BEHALF OF PANG BROTHERS INVESTMENT COMPANY. FILE NO.: PLN2004- 115. After notification and public hearing, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the City Council did find as follows with respect to application PLN2004-115: The City Council of the City of Campbell does ordain as follows: SECTION ONE: That this Ordinance be adopted to approve a Planned Development Permit (PLN2004-1l5) to allow the construction of a new four-story mixed use building on property owned by Pang Brothers Investment Company located at 1815 S. Bascom Avenue, together with the attached Exhibit "A" (Conditions of Approval), Exhibit "B" (Project Plans) and Exhibit "C" (Map of Said Property). SECTION TWO: This Ordinance shall become effective thirty (30) days following its passage and adoption and shall be published, one time within fifteen (15) days upon passage and adoption in the Campbell Express, a newspaper of general circulation in the City of Campbell, County of Santa Clara. PASSED AND ADOPTED this 7th vote: day of December , 2004, by the following roll call AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBER: Furtado, Watson, Dean, Kennedy, Burr COUNCILMEMBER: None COUNCILMEMBER: None COUNCILMEMBER: None APPROYP~~~~ Donald R. Burr, Mayor ATTEST: ;;::L~~ Anne Bybee, City Clerk .. IOfIEG'OIWO INST1'MIlilff '" A .,.. IIHO COR~T COPY OF 'UfII 0fIICIf1l& 0fIt FILS 111I 008 0Fl"1~ 18T: ANNfii evsEE. CITY CLf!AIC. OM ......... ""'- ~ l.I..JL -- City Council Ordinance Exhibit A - Conditions of Approval PLN2004-115- 1815 S. Bascom Avenue-Planned Development Permit Page 1 NOW, THEREFORE, BE IT RESOLVED that the City Council approves a Planned Development Permit (pLN2004-115) to allow the construction of a mixed-use building on property owned by Pang Brothers Investment Company located at 1815 S. Bascom Avenue in a PD (planned Development) Zoning District. Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. COMMUNITY DEVELOPMENT DEPARTMENT Planning Division: I. Approved Proiect: Approval is granted to construct one new four-story mixed-use building at 1815 S. Bascom Avenue. The building design and site design shall substantially conform to the project exhibits listed below, except as may be modified by the conditions of approval herein: a. Revised project plans prepared by Miro Design Group and dated as received by the Planning Division on October 20, 2004, site plan, floor plans, building elevations, and sections. b. Color/material board submitted by Miro Design Group. c. Revised Conceptual Landscape Plan prepared by Thomas Baak & Associates and dated as received by the Planning Division on October 20, 2004. 2. Permit Expiration: The Planned Development Permit is valid for a period of two years from the date of final City Council approval. A building permit must be obtained within this two- year period or the Planned Development Permit shall be void. 3. Tentative Subdivision Map: The Planned Development Permit approval is contingent upon recordation of the Final Subdivision Map to divide the subject property. The Final Subdivision Map shall be recorded prior to the issuance of building permits. 4. Park Impact Fee: A park impact fee of $5,635 per unit is due upon development of the site. Based on the development of 45 units, a total of $253,575 shall be paid to the City. Prior to recordation of the Final Subdivision Map, 75% of this fee is due. The remaining 25% is due prior to issuance of a certificate of building occupancy. 5. Covenants. Codes and Restrictions: The applicant shall submit a draft copy of the Covenants, Conditions and Restrictions (CC&R's) to the Planning Division for approval by the Community Development Director and City Attorney, prior to the recordation of the City Council Ordinance Exhibit A - Conditions of Approval PLN2004-115- 1815 S. Bascom Avenue-Planned Development Permit Page 2 Final Subdivision Map, which provide for: The CC&R's shall include a provision to prohibit the storage of unsightly items (such as laundry) on the building's balconies. a. Formation of a Homeowner's Association to ensure the long-term maintenance of buildings and property; ~ontinued architectural controls to ensure the architectural integrity of the project; ~efinition of common areas to be maintained and provision of maintenance for these areas; ,G:"' Provision of a funding mechanism to ensure maintenance and upkeep of common areas and shared building walls and roofs to be repaired, repainted, and/or replaced as necessary; ~ovision to provide on-going maintenance of the required landscaping for the project; fProvision for the availability of interior garage space for the parking of vehicles at all times; g.' Provision to prohibit the use of parking spaces for storage purposes, including boats, trailers and recreational vehicles; /h. Provision to control and enforce parking for the residential and commercial uses. ......j...--- Provision to ensure that the tandem parking spaces will be grouped with the standard space in front of it and assigned to the same unit so that the tandem spaces will not have to be shared by more than one household; and _}./Prohibition of building mounted antennae. k. Provision to prohibit the use of the residential balconies for storage purposes, temporary or permanent. 6: Building Elevations. Details and Colors: The applicant shall submit detailed building elevations and exhibits depicting architectural details. Detailed elevations and exhibits shall be reviewed by the Site and Architectural Review Committee and approved by the Community Development Director prior to the issuance of building permits. 7. Landscape Plan: The applicant shall submit four sets of a final landscape and irrigation plan to the Planning Division, prior to the issuance of building permits, for review and approval by the Community Development Director. The landscape and irrigation plan shall substantially conform to the approved conceptual landscape plan and the City's Water Efficient Landscaping Standards (WELS). Landscaping shall be designed to minimize irrigation and runoff, promote surface infiltration where appropriate, and minimize the use of fertilizers and pesticides that can contribute to storm water pollution. Landscaping plans shall include the following: a. All trees shall be a minimum 24-inch boxed size and all shrubs shall be a minimum of 5- gallon size. b. Landscape and paving maintenance shall be an on-going responsibility of the property owner(s) and shall include routine pruning of trees and shrubs, maintenance of the City Council Ordinance Exhibit A - Conditions of Approval PLN2004-115- 1815 S. Bascom Avenue-Planned Development Permit Page 3 automatic irrigation system and the replacement of damaged or diseased plant materials, periodic steam cleaning of walkways and removal of graffiti within twenty-four hours. Applicant shall obtain encroachment permits from the City of Campbell for all work performed within the right-of-way. c. The landscape plan shall illustrate appropriate quantities and sizes of plant materials to ensure buffering of buildings and parking areas. d. All landscape areas shall be protected by 6-inch high poured in place concrete curbs. e. All landscaping shall be installed prior to building occupancy. f. New street trees shall be added to provide a continuous tree planting along the street frontage as required by the Community Development Director. Ae Protection Plan: The applicant shall submit a tree protection plan for all protected trees to be retained on site and shall contain specific information about the preservation of the trees during any grading or building on site. Such tree protection measures shall be installed prior to any demolition, grading, or building on the project site. No construction or trenching shall take place within the drip line of trees and a fence constructed of temporary cyclone fencing or wire mesh securely attached to poles driven into the ground shall be installed around the drip line of the tree. All trimming or branch removal from protected trees shall be completed by a certified arborist. The tree protection plan shall be submitted to the Planning Division for review and approval by the Community Development Director prior to the issuance of building permits. ~/Landscape Maintenance: The owner/operator of the property shall provide on-gomg . maintenance ofthe required landscaping for the project. 10. Trash and Recvcling Enclosure: The applicant shall submit details regarding the design and location of a trash and recycling enclosure(s) to the Planning Division for review and approval by the Community Development Director prior to the issuance of building permits for the project. a. Trash and recycling containers of a size and quantity necessary to serve the new buildings shall be in areas approved by the Fire Department and Community Development Director. b. Unless otherwise noted, enclosures shall consist of a concrete floor surrounded by a six- foot high solid wall and have decorative doors and designed to be architectural compatible to the buildings. The enclosure shall be constructed at grade level and have a level area adjacent to the trash enclosure area to service the containers. Driveways or aisles shall provide unobstructed access for collection vehicles and personnel and provide at least the minimum clearance required by the collection methods and vehicles utilized by the designated collector. The wall, gate and surface inside the enclosure must be kept in sound repair and condition. The refuse and recycling containers shall be kept in the enclosure at all times except when being emptied by collection personnel. c. Areas around trash enclosures, recycling areas, and/or trash compactor enclosures shall not discharge to the storm drain system. Any drains installed in or beneath dumpster and City Council Ordinance Exhibit A - Conditions of Approval PLN2004-115- 1815 S. Bascom Avenue-Planned Development Permit Page 4 compactor facilities shall be connected to the sanitary sewer. The applicant shall contact the West Valley Sanitation District for specific connection and discharge requirements. YP~king and Driveways: All parking and driveway areas shall be developed in compliance / with Chapter 21.28 of the Campbell Municipal Code and the approved project plans. a. Property owner and/or operator shall maintain a minimum of 23 retail parking spaces, and 103 residential spaces. 12. ~ng Stall Markings: The applicant shall indicate on the building plans that all compact /' parking stalls are painted to identify them as compact spaces prior to the issuance of a building permit. 13. Residential Parking Garage Entrance and Exit: The applicant shall indicate on the building plans that the residential parking garage entrance gate and control post. Provisions shall be made to ensure pedestrian and vehicular safety to the satisfaction of the Community Development Director. Details and information shall be reviewed and approved by the Community Development Director and City Traffic Engineer prior to issuance of any building permits for the project. >... 14. Bicycle Parking: The applicant shall indicate on the building plans the location bicycle parking for the retail component and residential component. 15. Alternative Transportation Methods: The applicant shall develop and provide incentives to encourage the use of alternative transportation methods, which shall be reviewed and approved by the Community Development Director prior to issuance of any building permits for the proj ect. 16. Fences: Any newly proposed fencing and/or walls shall comply with Section 21.18.060 of the Campbell Municipal Code and shall be reviewed and approved by the Community Development Director prior to issuance of any building permits for the project. 17. Roof Screen: Prior to issuance of building permits for the applicant shall submit a detailed plan for any roof screens for review and approval by the Community Development Director. The roof screens shall be compatible with the overall design of the building in terms of color and material and must completely screen the equipment from view. The roof screen plan shall be subject to review and approval by the Community Development Director. 18. Location of Mechanical Equipment: No roof-mounted mechanical equipment, i.e. air conditioning units, shall be located on the roof of building without providing screening of the mechanical equipment from public view and surrounding properties. Screening material and method shall require review and approval by the Community Development Director prior to installation of such mechanical equipment screening. City Council Ordinance Exhibit A - Conditions of Approval PLN2004-115- 1815 S. Bascom Avenue-Planned Development Permit Page 5 ",~6utdoor Storage: No outdoor storage is permitted on the property. No construction equipment, construction vehicles, and/or construction debris shall be parked and/or stored on the property. 20. On-site lighting: Any proposed 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 exterior lighting shall be reviewed and approved by the Community Development Director, prior to issuance of a building permit. Lighting fixtures shall be of a decorative design to be compatible with the development and shall incorporate energy saving features. Z-k-5igns: No signage is permitted as part of the development application approved herein. New signage shall not be installed prior to approval of a sign permit as required by Chapter 21.53 of the Campbell Municipal Code. 2)-.-Operational Hours: Operational hours shall be limited to 6 a.m. to 11 p.m. daily for // retail/restaurant uses. 23. Delivery Hours/Noise: Delivery hours shall be restricted to 8 a.m. to 8 p.m. Signing shall be installed at service doors notifying the restriction of delivery hours. ~se: a. Noise Standard: Any noises, sounds and/or voices, including but not limited to amplified sounds, loud speakers, sounds from microphones, audio sound systems, music and/or public address system, generated by uses from the project not be audible to a person of normal hearing acuity from any residential property. b. Noise Management: In the event complaints are received by the City regarding noise, the Community Development Director may immediately modify the hours of operation and/or limit the extended hours of operation, subject to the project being brought back to the Planning Commission for review. ~oD.erty Maintenanc~: Th~ property is to be mai~tained free of any co~h.ustible trash, ~ debns and weeds untIl the tIme that actual constructIon commences. All eXIstmg 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). ~affiti Removal: The property owner shall be responsible for the removal of any graffiti from walls, fences or structures on the project site within one week of notification by the Community Development Director or their designate. ~dewalk Maintenance: The owner/operator of the property shall provide on-going maintenance of the sidewalks and shall pressure wash the sidewalks as necessary or as required by the Community Development Director or Director of Public Works to remove all spills, gum and food. City Council Ordinance Exhibit A - Conditions of Approval PLN2004-1l5- 1815 S. Bascom Avenue-Planned Development Permit Page 6 Sidewalks and parking lots shall be swept regularly to prevent the accumulation of litter and debris. Debris resulting from pressure washing shall be trapped and collected to prevent entry into the storm drain system. Wash water containing any cleaning agent or degreaser shall be collected and discharged to the sanitary sewer and shall not be discharged to a storm drain. The applicant shall contact the West Valley Sanitation District for specific connection and discharge requirements. 28. Utility Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to installation of PG&E transformers and San Jose Water Company back-flow preventers, indicating the location of the facilities and screening (if the facilities are above ground) for approval by the Community Development Director. Z9:-Construction Mitigation Measures: The following practices should be followed during all .. phases of site preparation and construction activities: a. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00 p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take place on Sundays or holidays unless an exception is granted by the Building Official. b. Truck routes to and from the construction site should be established and submitted to the City for review and approval prior to issuance of a building permit. These truck routes shall avoid access to the project site via residential streets where possible. c. All construction equipment with internal combustion engines used on the project site shall be properly muffled and maintained in good working condition. d. Unnecessary idling of internal combustion engines shall be strictly prohibited. e. All stationary noise-generating construction equipment, such as air compressors and portable power generators, shall be located as far as possible from noise-sensitive receptors such as existing residences and businesses. f. Prior to the issuance of building permits, the project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street so that the contractor can be made aware of noise complaints. g. Construction equipment, vehicles, and workers associated with the development of the project shall not be permitted to park on any residential streets. JO;;Contractor Contact Information Posting: The project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street prior to the issuance of building permits. 31,.Construction Staging Plan: Prior to the issuance of grading or building permits for the project, the applicant shall submit a site plan and narrative description indicating the location, length of time and details of construction staging. The construction staging plan shall be subject to review and approval by the Community Development Director and the Public Works Director. City Council Ordinance Exhibit A - Conditions of Approval PLN2004-1l5- 1815 S. Bascom Avenue-Planned Development Permit Page 7 Building Division: 32. Permits Required: A building permit application shall be required for the proposed new mixed-use structure. The building permit shall include Electrical/PlumbinglMechanical fees when such work is part of the permit. 33. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 34. Demolition Plan: The applicant shall provide a demolition plan that includes staging of demolition, construction truck routes, and recycling of existing building materials to the maximum extent feasible. 35. Size of Plans: The size of construction plans submitted for building permits shall be 24 inches by 36 inches. 36. Plan Preparation: This project requires plans prepared under the direction and oversight of a California licensed Engineer or Architect. Plans submitted for building permits shall be "wet stamped" and signed by the qualifying professional person. 37. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. Site plan shall also include site drainage details. 38. Soils Reoort: 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 engineer specializing in soils mechanics. 39. Foundation Inspections: A pad certificate prepared by a licensed civil engineer or land surveyor shall be submitted to the project building inspector upon foundation inspection. This certificate shall certify compliance with the recommendations as specified in the soils report and the building pad elevation and on-site retaining wall locations and elevations are prepared according to approved plans. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer for the following items: a. pad elevation b. finish floor elevation (first floor) c. foundation comer locations 40. Title 24 Energy Compliance: California Title 24 Energy Compliance forms shall be blue- lined on the construction plans. Compliance with the Standards shall be demonstrated for conditioning of the building envelope and lighting of the building. 41. Special Inspections: When a special inspection is required by V.B.C. Section 1701, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permits, in accordance City Council Ordinance Exhibit A - Conditions of Approval PLN2004-115- 1815 S. Bascom Avenue-Planned Development Permit Page 8 with U.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 42. Non-Point Source Pollution Control: The City of Campbell standard Santa Clara Valley Non-point Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet (size 24" by 36") is available at the Building Division service counter. 43. Title 24 Accessibility - Commercial: On site general path of travel shall comply with the latest California Title 24 Accessibility Standards. Work shall include but not be limited to accessibility to building entrances from parking facilities and sidewalks. 44. Title 24 Accessibility - Commercial: Projects seeking to use the Title 24 Hardship exemption clause shall blue-line completed, City of Campbell "20%" exemption form on submitted construction plans. Form is available at Building Division service counter. 45. P.G. &E.: The applicant is advised to contact P.G. &E. as early as possible in the approval process. Service installations, changes and/or relocations may require substantial scheduling time and can cause significant delays in the approval process. The applicant should also consult with P.G. &E. concerning utility easements, distribution pole locations and required conductor clearances. 46. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. West Valley Sanitation District (408-378-2407) b. Santa Clara County Fire Department (408-378-4010) c. Bay Area Air Quality Management District (Demolitions Only) d. Santa Clara County Department of Environmental Health e. School District: 1. Campbell Union School District (408-378-3405) 11. Campbell Union High School District (408-371-0960) 111. Moreland School District (408-379-1370) IV. Cambrian School District (408-377-2103) Note: To determine your district, contact the offices identified above. Obtain the School District payment form from the City Building Division, after the Division has approved the building permit application. 47. Construction Fencing/Construction Plan for Traffic Impacts: This project shall be properly enclosed with sight obscuring chain link or solid painted plywood construction fencing to prevent unauthorized access to the site during construction. The construction site shall be secured to prevent vandalism and/or theft during hours when no work is being done. All protected trees shall be fenced to prevent damage to root systems. A construction plan shall be submitted prior to beginning construction and to the satisfaction of the Community Development Department to handle traffic impacts that might arise during construction. City Council Ordinance Exhibit A - Conditions of Approval PLN2004-115- 1815 S. Bascom Avenue-Planned Development Permit Page 9 48. Archaeological & Paleontological Resources: If archaeological or paleontological resources are encountered during excavation or construction, construction personnel shall be instructed to immediately suspend all activity in the immediate vicinity of the suspected resources and the City and a licensed archeologist or paleontologist shall be contacted to evaluate the situation. A licensed archeologist or paleontologist shall be retained to inspect the discovery and make any necessary recommendations to evaluate the find under current CEQA guidelines prior to the submittal of a resource mitigation plan and monitoring program to the City for review and approval prior to the continuation of anyon-site construction activity. 49. Human Burial or Skeletal Element Discovery: In the event a human burial or skeletal element is identified during excavation or construction, work in that location shall stop immediately until the find can be properly treated. The City and the Santa Clara County Coroner's office shall be notified. If deemed prehistoric, the Coroner's office would notify the Native American Heritage Commission who would identify a "Most Likely Descendant (MLD)." The archeological consultant and MLD, in conjunction with the project sponsor, shall formulate an appropriate treatment plan for the find, which might include, but not be limited to, respectful scientific recording and removal, being left in place, removal and reburial on site, or elsewhere. Associated grave goods are to be treated in the same manner. 50. Design-Specific Geotechnical Analysis: Prior to issuance of building permits for the project, a registered geotechnical engineer shall prepare a design-specific geotechnical analysis, and all recommendations of the analysis shall be incorporated into the project's final engineering design to minimize the damage from seismic shaking. The project sponsor shall use standard engineering techniques and conform to the requirements of the Uniform Building Code to reduce the potential for seismic damage and risk to future occupants. 51. Short-term Air Ouality Mitigation Measures: The following practices should be followed during all phases of site preparation and construction activities: a. Use dust-proof chutes for loading construction debris onto trucks. b. Water or cover stockpiles of debris, soil, and other materials that can be blown by the wind. c. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard. d. Sweep daily (with water sweepers) all paved access roads, parking areas, and staging areas at the construction site. e. Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets, as directed by the City Engineer. f. Enclose, cover, water twice daily or, or apply (non-toxic) soil stabilizers to exposed stockpiles (dirt, sand, etc.). g. Install erosion control measures to prevent runoff from the project site. City Council Ordinance Exhibit A - Conditions of Approval PLN2004-115- 1815 S. Bascom Avenue-Planned Development Permit Page 10 PUBLIC WORKS DEPARTMENT 52. Final Map: Prior to issuance of any grading or building permits for the project, the applicant shall submit a final map for review by the City and recordation, upon approval by the City Council. 53. Condominium Plan: Prior to building occupancy, the applicant shall submit a Condominium Plan for review by the City, process the plan with City staffs comments and fully complete and record the condominium plan. 54. Preliminary Title Report: Upon submittal of the final map, the applicant shall provide a current Preliminary Title Report. 55. Right-of-Way for Public Street Pw:poses: Prior to recordation of the final map, or shown on the final map, the applicant shall cause additional right-of-way to be granted for public street purposes along the S. Bascom Avenue frontage to accommodate a lO-foot park strip and a 7- foot sidewalk. Further, the applicant shall cause additional right-of-way to be granted for public street purposes along the Campisi Way frontage to accommodate a lO-foot sidewalk. 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. 56. Private Easements: Upon recordation of the final map, the applicant shall cause private easements to be recorded for private utilities, private storm drains, reciprocal ingress and egress, emergency vehicles, etc. 57. Monumentation for Final Map: Prior to recordation of the parcel map, the applicant shall provide security for setting all monuments shown on the map. Monuments shall be set per section 20.76.010 of the Campbell Municipal Code. 58. Street Improvements: Prior to recordation of the final map, the applicant shall execute a street improvement agreement, cause plans for public street improvements to be prepared by a registered civil engineer, pay various fees and deposits, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City Engineer. The plans shall include the following: Bascom Avenue a. Show location of all existing utilities within the new and existing public right of way. b. Relocation of all existing utilities including utility boxes, covers, poles, etc. outside of sidewalk area. No utility boxes, covers, etc. will be allowed in the sidewalk area. c. Removal of existing sidewalk, curb and gutter as determined by the City Engineer. d. Removal of existing curb ramp at southwest comer of S. Bascom Avenue and Campisi Way. e. Replacement of existing underground utilities, signal interconnect conduits and conductors, street lighting conduits and conductors, utility boxes, and protection of PG&E, SBC, and Comcast facilities. City Council Ordinance Exhibit A - Conditions of Approval PLN2004-115- 1815 S. Bascom Avenue-Planned Development Permit Page 11 f. Installation of new modified Streetscape Standards including a 7 foot sidewalk, 10 foot landscaped park strip, curb, gutter, including City approved street trees at approximately 30 feet on center, and irrigation. g. Installation of ADA compliant curb ramp at southwest comer of S. Bascom Avenue and Campisi Way, as required by City Engineer. h. Installation of traffic control, stripes and signs as determined by the City Engineer. Construction of conforms to existing public and private improvements, as necessary. Campisi Way a. Show location of all existing utilities within the new and existing public right of way. b. Relocation of all existing utilities including utility boxes, covers, poles, etc. outside of sidewalk area. No utility boxes, covers, etc. will be allowed in the sidewalk area. c. Removal of existing sidewalk, curb and gutter as determined by the City Engineer. d. Removal of two (2) existing driveway approaches. e. Replacement of existing underground utilities, signal interconnect conduits and conductors, street lighting conduits and conductors, utility boxes, and protection of PG&E, SBC, and Comcast facilities. f. Installation of City standard 10 foot sidewalk, curb and gutter. g. Installation of two (2) ADA compliant driveway approaches. h. Installation of street trees, tree wells and irrigation at 30 feet on center. 1. Construction of conforms to existing public and private improvements, as necessary. 59. Occupancy: Prior to allowing occupancy for any and/or all buildings, the applicant shall have the required street improvements installed and accepted by the City. 60. Maintenance of Landscaping; Owner(s), current and future, are required to maintain the landscaped park strip and tree wells in the public right-of-way. This includes, but is not limited to: trees, lawn, plantings, irrigation, etc. Trees shall not be pruned in a manner that would not allow the tree to grow to a mature height. 61. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer cleanout(s) shall be relocated or installed on private property to the proposed new property lines. 62. 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. 63. Utilities: All on-site utilities shall be installed underground per Section 21.18.140 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility compames. 64. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities. The plan shall clearly show the location and City Council Ordinance Exhibit A - Conditions of Approval PLN2004-115- 1815 S. Bascom Avenue-Planned Development Permit Page 12 size of all existing utilities and the associated main lines; indicate which utilities and services are to remain; which utilities and services are to be abandoned, and where new utilities and services will be installed. Joint trenches for new utilities shall be used whenever possible. 65. Pavement Restoration: Based on the utility coordination plan, the applicant shall prepare a pavement restoration plan for approval by the City Engineer prior to any utility installation or abandonment. Streets that have been reconstructed or overlaid within the previous five years will require boring and jacking for all new utility installations. Bascom Avenue and Campisi Way have not been reconstructed or overlaid in the last 5 years. The pavement restoration plan shall indicate how the street pavement shall be restored following the installation or abandonment of all utilities necessary for the project. 66. Grading and Drainage Plan: Prior to issuance of any grading or building permits for the site, the applicant shall conduct hydrology studies based on a ten-year storm frequency, prepare an engineered grading and drainage plan, and pay fees required to obtain necessary grading permits. The plans shall comply with the 1998 edition of the California Building Code including Chapters 10, 11, 18,33, and Appendix Chapter 33. 67. Storm Drain Area Fee: Prior to recordation of the final map, the applicant shall pay the required Storm Drain Area fee of$2,575.00 per net acre, which is $3,193.00. 68. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding storm water pollution prevention. Specifically the project must include source control, site design and treatment measures to achieve compliance with Provision C.3. of the NPDES Permit. Measures may include, but are not limited to, minimization of impervious surface area, vegetated swales, infiltration areas, and treatment devices. The primary objectives are to improve the quality and reduce the quantity of storm water runoffto the bay. Resources to achieve these objectives include Stormwater Best Management Practices Handbook for New Development and Redevelopment ("CA BMP Handbook") by the California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for Storm water Quality Protection ("Start at the Source") by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for Storm water Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. 69. Operation and Maintenance of Stormwater Pollution Prevention Measures: Prior to recordation of the final map, the applicant shall execute an agreement and provide security for the operation and maintenance of storm water pollution prevention measures installed or provided as a part of this project. City Council Ordinance Exhibit A - Conditions of Approval PLN2004-115- 1815 S. Bascom Avenue-Planned Development Permit Page 13 70. State Construction General Permit: Prior to issuance of any grading or building permits, the applicant shall comply with the State Construction General Permit requirements including paying fees, filing a Notice of Intent and providing a Storm Water Pollution Prevention Plan (SWPPP). 71. Covenants. Conditions. and Restrictions: Provide copies of CC&Rs for review by the City prior to recordation of the final map and CC&Rs. 72. Demolition: Prior to recording of the final map the applicant shall obtain a demolition permit and remove any nonconforming structures. FIRE DEPARTMENT 73. Formal Plan Review: Review of this development proposal is limited to accessibility of site access and water supply as they pertain to fire department operations, and shall not be construed as a substitute for formal plan review to determine compliance with adopted model codes. Prior to performing any work the applicant shall make application to, and receive from, the Building Division all applicable construction permits. 74. Required Fire Flow: The fire flow for this project is yet to be determined. Type V-I hour construction is noted for the construction above the podium level. Type 1 for the parking area is noted. The Architect shall provide an area summary identifying the total building area to assist in the determination of fire flow. 75. Automatic Fire Sprinkler System Required: Buildings requiring a fire flow in excess of 2,000 GPM or, in excess of two stories or 35 feet in height, shall be equipped throughout by an automatic fire sprinkler system, hydraulically designed per National Fire Protection Association (NFPA) Standard #13. 76. On-Site Private Fire Service Mains and/or Hydrant(s) Required: Installation of private fire service mains and/or fire hydrant(s) shall conform to National Fire Protection Association (NFPA) Standard #24, and Fire Department Standard Details and Specification W-2. If the supply piping is "combined" (sprinkler system & hydrants), a V.L. approved 4-way FDC shall be provided. A Separate installation permit from the fire department is required. 77. Fire Hydrant(s) Reauired: Provide public fire hydrant(s) at a location(s) to be determined by the Fire Department and San Jose Water Company. Hydrant(s) shall have a minimum single flow of 1,500 GPM at 20 psi residual, with spacing not to exceed 250 feet. Prior to applying for building permit, provide civil drawings reflecting all fire hydrants serving the site. To prevent building permit delays, the developer shall pay all required fees to the water company as soon as possible. 78. Timing of Reauired Water Supply Installations: Installation of required fire service(s) and fire hydrant( s) shall be tested and accepted by the Fire Department prior to the start of City Council Ordinance Exhibit A - Conditions of Approval PLN2004-115- 1815 S. Bascom Avenue-Planned Development Permit Page 14 framing or delivery of bulk combustible materials. Building permit issuance may be withheld until installations required installations are completed, tested and accepted. 79. Hose Valves/Standpipes Required: Buildings three stories or more in height, or where emergency access has been deemed minimal, shall be equipped with standpipes designed per NFPA Std. #14, and be equipped with 2 ~ inch hose valves, located to the discretion of the Santa Clara County Fire Department. 80. Emergency Gate/Access Gate Requirements: Gate installations shall conform to Fire Department Standard Details and Specification G-l and, when open shall not obstruct any portion of the required width for emergency access roadways or driveways. Locks, if provided, shall be fire department approved prior to installation. 81. Required Access to Buildings: Portions of the structures(s) exceed 150 feet of travel distance as measured along an accessible route of travel, from an approved fire apparatus access roadway or driveway. Prior to Planning Department approval, the developer shall reflect compliance with the California Fire Code relative to site access, emergency egress and aerial ladder rescue capability for the development. Note that this condition may require access easements. 82. Fire D~artment Key Box Reauired: Each building shall be equipped with a permanently installed emergency access key lock box (Knox), conforming to Fire Department Standard Detail and Specification Sheet K-1. At time of final inspection, access keys shall be provided to the Fire Department. 83. Premises Identification: Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their backgrounds. :: Jeff Warmoth, 309 2nd Street, Los Altos, appeared before the City Council and spoke in support of the project. There being no one else wishing to speak, Mayor Burr closed the public hearing. M/S: Dean/Kennedy - that the City Council: 1) Adopt Resolution 10414 adopting a Mitigated Negative Declaration and incorporating Findings; 2) Introduce Ordinance 2050 approving a Zone Change (pLN2004-95) from C- 3-S (Central Commercial) to C-PD (Condominium Planned Development) for first reading; 3) Introduce Ordinance 2051 approving a Planned Development Permit (pLN2004-96) to allow the construction of a three-story mixed use building, accommodating 11,240 square feet of retail space, 4,760 square feet of retail mezzanine, and 22 residential condominiums, and incorporating Findings, for first reading; and 4) Adopt Resolution 10415 approving a Tentative Subdivision Map (pLN2004- 97) to allow the creation of twenty-three condominium lots, incorporating Findings and subject to Conditions of Approval. Motion adopted by the following roll call vote: AYES: Councilmembers: Furtado, Watson, Dean, Kennedy, Burr NOES: Councilmembers: None The City Clerk read the title of Ordinance Nos. 2050 and 2051. M/S: Dean/Kennedy - that further reading of Ordinance Nos. 2050 and 2051 be waived. Motion adopted unanimously. 13. Application of Mr. Anthony Ho, on behalf of the Pang Brothers Investment Corporation, for a Zone Change (pLN2004-114) from PD (planned Development) to C-PD (Condominium Planned Development); a Planned Development Permit (pLN2004-115) for the construction of a new four-story mixed-use building containing 45 new residential condominium units, 4,850 square feet of retail/restaurant space and 125 parking spaces; a Tentative Subdivision Map (PLN2004-116) to subdivide the property; and a Tree Removal Permit (PLN2004- 117) to allow the removal of five protected trees on property owned by the Pang Brothers Investment Corporation located at 1815 S. Bascom Avenue in a PD (planned Development) Zoning District (Introduction of OrdinanceIResolution/Roll Call Vote) Minutes of 11/16/2004 City Council Meeting 5 This is the time and place for a public hearing to consider the application. of Mr. Anthony Ho, on behalf of the Pang Brothers Investment Corporation, for a Zone Change (PLN2004-114) from PD (Planned Development) to C-PD (Condominium Planned Development); a Planned Development Permit (PLN2004-1l5) for the construction of a new four-story mixed-use building containing 45 new residential condominium units, 4,850 square feet of retail/restaurant space and 125 parking spaces; a Tentative Subdivision Map (PLN2004-116) to subdivide the property; and a Tree Removal Permit (PLN2004-117) to allow the removal of five protected trees on property owned by the Pang Brothers Investment Corporation located at 1815 S. Bascom A venue in a PD (Planned Development) Zoning District. Planner I Denis - Staff Report dated November 16, 2004. Mayor Burr declared the public hearing open and asked if anyone in the audience wished to be heard. There being no one wishing to speak, Mayor Burr closed the public hearing. M/S: Kennedy/Dean - that the City Council: 1) Adopt Resolution 10416 adopting a Mitigated Negative Declaration and incorporating Findings; and 2) Introduce Ordinance 2052 approving a Zone Change (pLN2004-114) from P-D (planned Development) to C-PD (Condominium Planned Development) for f"Irst reading; and 3) Introduce Ordinance 2053 approving a Planned Development Permit (pLN2004-115) to allow the construction of a new four-story mixed-use building accommodating 4,850 square feet of retail space and 45 residential condominiums, and incorporating Findings, for first reading; and 4) Adopt Resolution 10417 approving a Tentative Subdivision Map (pLN2004- 116) to subdivide the property, subject to Conditions of Approval; and 5) Adopt Resolution 10418 approving a Tree Removal Permit (PLN2004-117) to allow the removal of five protected trees, subject to Conditions of Approval. Motion adopted by the following roll call vote: AYES: Councilmembers: Furtado, Watson, Dean, Kennedy, Burr NOES: Councilmembers: None The City Clerk read the title of Ordinance Nos. 2052 and 2053. M/S: Kennedy/Dean - that further reading of Ordinance Nos. 2052 and 2053 be waived. Motion adopted unanimously. UNFINISHED BUSINESS There were no agendized items. Minutes of 11/16/2004 City Council Meeting 6 ...,<_. O\"C"'4 4,.' h~;$> 10.. (to ... t" u t"'" 00\ ... ~ "- " ,,' .O.\lCHA'RO CITY OF CAMPBELL City Clerk's Office November 18, 2004 Pang Brothers Investment Company Attn: Jonathan Pang 1815 S. Bascom Avenue Campbell, CA 95008 Dear Mr. Pang: At its regular meeting of November 16, 2004, the Campbell City Council held a public hearing to consider the application of Pang Brothers Investment Company for a Zone Change, Planned Development Permit, Tentative Subdivision Map and Tree Removal Permit for property located at 1815 S. Bascom Avenue. After due consideration, the City Council took the following actions: 1) Adopted Resolution 10416 approving a Mitigated Negative Declaration; 2) Introduced Ordinance 2052 approving a Zone Change (PLN2004-114) from P-D (Planned Development) to C-PD (Condominium Planned Development) for first reading; 3) Introduced Ordinance 2053 approving a Planned Development Permit (PLN2004-115) to allow the construction of a new four-story mixed-use building accommodating 4,850 square feet of retail space and 45 residential condominiums for first reading; 6) Adopted Resolution 10417 approving a Tentative Subdivision Map (PLN2004-116) to subdivide the property, subject to Conditions of Approval; and 7) Adopted Resolution 10418 approving a Tree Removal Permit (PLN2004-117) to allow the removal of five protected trees, subject to Conditions of Approval. Enclosed please find certified copies of Resolution Nos.10416, 10417 and 10418. Second reading of Ordinances 2052 and 2053 is scheduled for City Council Meeting of December 7, 2004. Certified copies of each ordinance will be forwarded to you after that date. 70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2117 . FAX 408.374.6889 . TDD 408.866.2790 Pang Brothers Investment Company November 18, 2004 Page Two Please do not hesitate to contact this office (866-2117) or Melinda Denis, Community Development Department (866-2140), should you have any questions regarding the City Council's action. enc. cc: Melinda Denis, Community Development Departmetn Anthony Ho, Miro Design Group, 1895 Dobbin Drive #102, San Jose, CA 95133 RESOLUTION NO. 10416 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL ADOPTING A MITIGATED NEGATIVE DECLARATION FOR THE PROJECT LOCATED AT 1815 S. BASCOM AVENUE. After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the City Council did determine that the adoption of a Mitigated Negative Declaration is warranted based upon the following findings: 1. An Initial Study has been prepared for the Maple Grove project located at 1815 S. Bascom Avenue, which provides documentation for the factual basis for concluding that a Mitigated Negative Declaration may be adopted since no substantial evidence exists, in light of the whole record, that the project may have a significant effect on the environment. The project consists of the development of a new four-story mixed-use building, and the removal of five protected trees. 2. The Mitigated Negative Declaration describes the reasons that the Maple Grove Project will not have a significant effect on the environment and therefore does not require the preparation of an Environmental Impact Report, pursuant to the California Environmental Quality Act Guidelines. 3. There are no responsible agencies or trustee agencies responsible for resources affected by the Maple Grove Project. 4. The City of Campbell provided a Notice of Intent to adopt a Mitigated Negative Declaration to the public via the Campbell Express and the County Clerk. 5. The City of Campbell provided a 20-day public review period of the draft Mitigated Negative Declaration pursuant to the California Environmental Quality Act Guidelines. The 20-day public review period was between October 6, 2004 and October 25, 2004. 6. The mitigation measures identified in the Mitigated Negative Declaration are included as conditions of approval of the Planned Development Permit. 7. The Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. Based upon the foregoing findings of fact, the City Council further finds and concludes that: I. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. City Council Resolution Adopting ~ Mitigated Negative Declaration - 1815 S. Bascom Avenue Page 2 2. The Custodian of the Record for the Mitigated Negative Declaration and Initial Study is the City Clerk of the City of Campbell, located at 70 North First Street, Campbell, California. PASSED AND ADOPTED this 16th day of November , 2004, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Furtado, Watson, Dean, Kennedy, Burr None None None APPROVH9:-~ ~~ Donald R. Burr, Mayor ATTEST: tz-.4r- Anne Bybee, CIty Clerk ;:111 ~t:,,\ 11M) 1.lITl'ltI~ IS II TIIat ANO COflN!CT COI'Y Ol" l'HB. ORICMIIM ON FILE IN rnla Ol"l'lC'S. "TTIIIT: AHNt! BYf.Ift. CITY ClLEfU(" OIJY :~ ~Tm /1/ /~/of/ RESOLUTION NO. 10417 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A TENTATNE SUBDNISION MAP (PLN2004- 116) TO SUBDIVIDE A PARCEL ON PROPERTY OWNED BY PANG BROTHERS INVESTMENT COMPANY LOCATED AT 1815 S. BASCOM AVENUE IN A PD (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. ANTHONY HO, ON BEHALF OF PANG BROTHERS INVESTMENT COMPANY. FILE NO.: PLN2004-116. After notification and public hearing, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the City Council did find as follows with respect to application PLN2004-116: 1. The creation of one lot, 45 condominium "air space" units, one common residential "air space", and one retail "air space" is consistent with the Commercial/Professional OfficelResidential (up to 27 units per gross acre) General Plan land use designation. 2. The maximum density allowed under the General Plan is 27 units per gross acre and the project provides 26.78 units per gross acre. 3. All condominium developments in the City are required to be located within a C-PD (Condominium-Planned Development) Zoning District. The proposed residential condominium project is consistent with the C-PD Zoning District. 4. The proposed project includes provisions for access to natural air and light for all of the units. 5. The provisions of the Covenants, Conditions and Restrictions are necessary to ensure the long-term property maintenance and continued architectural integrity of the project. 6. The Tentative Subdivision Map has been distributed to local agencies, including Pacific Gas and Electric, West Valley Sanitation District, Santa Clara Valley Transportation Authority and the Santa Clara Valley Water District. None of these agencies raised any concerns about providing services to the project. 7. A Mitigated Negative Declaration has been prepared for this project concluding that there are no significant unmitigated impacts associated with this project, pursuant to the California Environmental Quality Act (CEQA). Based on the foregoing findings of fact, the City Council further finds and concludes that: 1. The proposed Tentative Subdivision Map is consistent with the General Plan and Zoning Ordinance of the City. City Council Resolution PLN2004-116 -1815 S. Bascom Avenue - Tentative Subdivision Map Page 2 2. The proposed Tentative Subdivision Map does not impair the balance between. the housing needs of the region and the public service needs of its residents and available fiscal and environmental resources. 3. The design of the Tentative Subdivision Map provides, to the extent feasible, for future passive or natural heating and cooling opportunities. 4. The development and uses will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 5. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. 6. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 7. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. NOW, THEREFORE, BE IT RESOLVED that the City Council approves a Tentative Subdivision Map (pLN2004-116) to subdivide property owned by Pang Brothers Investment Company located at 1815 S. Bascom Avenue in a PD (Planned Development) Zoning District. Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. COMMUNITY DEVELOPMENT DEPARTMENT Planning Division: 1. Approved Project: Approval is granted for a Tentative Subdivision Map to create one lot, 45 residential condominium "air space" units, one common residential "air space", and one retail "air space" located at 1815 S. Bascom Avenue. The Subdivision Map shall substantially conform to the Tentative Subdivision Map prepared by Creegan and D'Angelo Engineers and dated as received by the Planning Division on October 20, 2004, except as may be modified by the conditions of approval herein. 2. Approval Expiration: The Tentative Subdivision Map approval is valid for a period of two years from the date of final City Council approval unless an extension is granted prior to the expiration date. City Council Resolution PLN2004-116 -1815 S. Bascom Avenue - Tentative Subdivision Map Page 3 3. Tentative Subdivision Map: The Planned Development Permit approval is contingent upon recordation of the Final Subdivision Map to divide the subject property. The Final Subdivision Map shall be recorded prior to the issuance of building permits. 4. Park Impact Fee: A park impact fee of $5,635 per unit is due upon development of the site. Based on the development of 45 units, a total of $253,575 shall be paid to the City. Prior to recordation of the Final Subdivision Map, 75% of this fee is due. The remaining 25% is due prior to issuance of a certificate of building occupancy. 5. 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). 6. Covenants. Codes and Restrictions: The applicant shall submit a draft copy of the Covenants, Conditions and Restrictions (CC&R's) to the Planning Division for approval by the Community Development Director and City Attorney, prior to the recordation of the Final Subdivision Map, which provide for: a. Formation of a Homeowner's Association to ensure the long-term maintenance of buildings and property; b. Continued architectural controls to ensure the architectural integrity ofthe project; c. Definition of common areas to be maintained and provision of maintenance for these areas; d. Provision of a funding mechanism to ensure maintenance and upkeep of common areas and shared building walls and roofs to be repaired, repainted, and/or replaced as necessary; e. Provision to provide on-going maintenance of the required landscaping for the project; f. Provision for the availability of interior garage space for the parking of vehicles at all times; g. Provision to prohibit the use of parking spaces for storage purposes, including boats, trailers and recreational vehicles; h. Provision to control and enforce parking for the residential and commercial uses. 1. Provision to ensure that the tandem parking spaces will be grouped with the standard space in front of it and assigned to the same unit so that the tandem spaces will not have to be shared by more than one household; and J. Prohibition of building mounted antennae. k. Provision to prohibit the use of residential balconies for storage purposes, temporary or permanent. City Council Resolution PLN2004-116 -1815 S. Bascom Avenue - Tentative Subdivision Map Page 4 PUBLIC WORKS DEPARTMENT 7. Final Map: Prior to issuance of any grading or building permits for the project, the applicant shall submit a final map for review by the City and recordation, upon approval by the City Council. 8. Condominium Plan: Prior to building occupancy, the applicant shall submit a Condominium Plan for review by the City, process the plan with City staff's comments and fully complete and record the condominium plan. 9. Preliminary Title Report: Upon submittal of the final map, the applicant shall provide a current Preliminary Title Report. 10. Right-of-Way for Public Street Purposes: Prior to recordation of the final map, or shown on the final map, the applicant shall cause additional right-of-way to be granted for public street purposes along the S. Bascom Avenue frontage to accommodate a 10-foot park strip and a 7- foot sidewalk. Further, the applicant shall cause additional right-of-way to be granted for public street purposes along the Campisi Way frontage to accommodate a 10- foot sidewalk. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 11. Private Easements: Upon recordation of the final map, the applicant shall cause private easements to be recorded for private utilities, private storm drains, reciprocal ingress and egress, emergency vehicles, etc. 12. Monumentation for Final Map: Prior to recordation of the parcel map, the applicant shall provide security for setting all monuments shown on the map. Monuments shall be set per section 20.76.010 of the Campbell Municipal Code. 13. Street Improvements: Prior to recordation of the final map, the applicant shall execute a street improvement agreement, cause plans for public street improvements to be prepared by a registered civil engineer, pay various fees and deposits, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City Engineer. The plans shall include the following: Bascom Avenue a. Show location of all existing utilities within the new and existing public right of way. b. Relocation of all existing utilities including utility boxes, covers, poles, etc. outside of sidewalk area. No utility boxes, covers, etc. will be allowed in the sidewalk area. c. Removal of existing sidewalk, curb and gutter as determined by the City Engineer. d. Removal of existing curb ramp at southwest corner of S. Bascom Avenue and Campisi Way. e. Replacement of existing underground utilities, signal interconnect conduits and conductors, street lighting conduits and conductors, utility boxes, and protection of PG&E, SBC, and Comcast facilities. City Council Resolution PLN2004-116 - 1815 S. Bascom Avenue - Tentative Subdivision Map Page 5 f. Installation of new modified Streetscape Standards including a 7 foot sidewalk, 10 foot landscaped park strip, curb, gutter, including City approved street trees at approximately 30 feet on center, and irrigation. g. Installation of ADA compliant curb ramp at southwest comer of S. Bascom Avenue and Campisi Way, as required by City Engineer. h. Installation of traffic control, stripes and signs as determined by the City Engineer. Construction of conforms to existing public and private improvements, as necessary. Campisi Way a. Show location of all existing utilities within the new and existing public right of way. b. Relocation of all existing utilities including utility boxes, covers, poles, etc. outside of sidewalk area. No utility boxes, covers, etc. will be allowed in the sidewalk area. c. Removal of existing sidewalk, curb and gutter as determined by the City Engineer. d. Removal of two (2) existing driveway approaches. e. Replacement of existing underground utilities, signal interconnect conduits and conductors, street lighting conduits and conductors, utility boxes, and protection of PG&E, SBC, and Comcast facilities. f. Installation of City standard 10 foot sidewalk, curb and gutter. g. Installation of two (2) ADA compliant driveway approaches. h. Installation of street trees, tree wells and irrigation at 30 feet on center. 1. Construction of conforms to existing public and private improvements, as necessary. 14. Occupancy: Prior to allowing occupancy for any and/or all buildings, the applicant shall have the required street improvements installed and accepted by the City. 15. Maintenance of Landscaping; Owner( s), current and future, are required to maintain the landscaped park strip and tree wells in the public right-of-way. This includes, but is not limifed to: trees, lawn, plantings, irrigation, etc. Trees shall not be pruned in a manner that would not allow the tree to grow to a mature height. 16. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer cleanout(s) shall be relocated or installed on private property to the proposed new property lines. 17. Soils Report: Prior to issuance of any grading or building permits for the site, applicant shall provide a soils report prepared by a registered geotechnical or civil engineer. 18. Utilities: All on-site utilities shall be installed underground per Section 21.18.140 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility compames. 19. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant shall submit a utility coordination plan and schedule for approval by th~ City Engineer for installation and/or abandonment of all utilities. The plan shall clearly show the location and size of all existing utilities and the associated main lines; indicate which utilities and services City Council Resolution PLN2004-116 - 1815 S. Bascom Avenue - Tentative Subdivision Map Page 6 are to remain; which utilities and services are to be abandoned, and where new utilities and services will be installed. Joint trenches for new utilities shall be used whenever possible. 20. Pavement Restoration: Based on the utility coordination plan, the applicant shall prepare a pavement restoration plan for approval by the City Engineer prior to any utility installation or abandonment. Streets that have been reconstructed or overlaid within the previous five years will require boring and jacking for all new utility installations. Bascom A venue and Campisi Way have not been reconstructed or overlaid in the last 5 years. The pavement restoration plan shall indicate how the street pavement shall be restored following the installation or abandonment of all utilities necessary for the project. 21. Grading and Drainage Plan: Prior to issuance of any grading or building permits for the site, the applicant shall conduct hydrology studies based on a ten-year storm frequency, prepare an engineered grading and drainage plan, and pay fees required to obtain necessary grading permits. The plans shall comply with the 1998 edition of the California Building Code including Chapters 10, 11, 18,33, and Appendix Chapter 33. 22. Storm Drain Area Fee: Prior to recordation of the final map, the applicant shall pay the required Storm Drain Area fee of $2,575.00 per net acre, which is $3,193.00. 23. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding storm water pollution prevention. Specifically the project must include source control, site design and treatment measures to achieve compliance with Provision C.3. of the NPDES Permit. Measures may include, but are not limited to, minimization of impervious surface area, vegetated swales, infiltration areas, and treatment devices. The primary objectives are to improve the quality and reduce the quantity of storm water runoffto the bay. Resources to achieve these objectives include Storm water Best Management Practices Handbook for New Development and Redevelopment ("CA BMP Handbook") by the California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for Storm water Quality Protection ("Start at the Source") by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for Storm water Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. 24. Operation and Maintenance of Stormwater Pollution Prevention Measures: Prior to recordation of the final map, the applicant shall execute an agreement and provide security for the operation and maintenance of storm water pollution prevention measures installed or provided as a part of this project. 25. State Construction General Permit: Prior to issuance of any grading or building permits, the applicant shall comply with the State Construction General Permit requirements including City Council Resolution PLN2004-116 - 1815 S. Bascom Avenue - Tentative Subdivision Map Page 7 paying fees, filing a Notice of Intent and providing a Stonn Water Pollution Prevention Plan (SWPPP). 26. Covenants. Conditions. and Restrictions: Provide copies of CC&Rs for review by the City prior to recordation of the final map and CC&Rs. 27. Demolition: Prior to recording of the final map the applicant shall obtain a demolition permit and remove any nonconforming structures. PASSED AND ADOPTED this 16th day of November , 2004, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: Furtado, Watson, Dean, Kennedy, Burr COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: None APPROVED.~ C}~~, Donald R. Burr, Mayor ATTEST: Am~ ... l'ORe~omG IN~ffilJWNT Ie A 1'8tIIt MtO ~ COf"( ", lM8 0IIIGtNM OM "... IN nil. OFFtC'll. "l1IIf: NoUfI BYBEl!. CIlY CU!RlC. ~ :~""~ ~lfO I I 0 RESOLUTION NO. 10418 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A TREE REMOVAL PERMIT (PLN2004-117) TO ALLOW THE REMOVAL OF FIVE PROTECTED TREES ON PROPERTY OWNED BY PANG BROTHERS INVESTMENT COMPANY LOCATED AT 1815 S. BASCOM AVENUE IN A PD (pLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. ANTHONY HO, ON BEHALF OF PANG BROTHERS INVESTMENT COMPANY. FILE NO.: PLN2004- 117. After notification and public hearing, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the City Council did find as follows with respect to application PLN2004-117: 1. The proposed Tree Removal Permit is consistent with the CommerciallProfessional OfficelResidential (up to 27 units per gross acre) General Plan land use designation and C- PD (Condominium Planned Development) Zoning District. 2. The project will include the removal five protected trees because they would prohibit the construction of the new buildings and the installation of the new utilities. 3. The five 24-inch box replacement trees are consistent with the tree replacement requirements of the Tree Protection Regulations. 4. The proposed replacement trees will be a sufficient replacement for the trees to be removed and will continue the diversity of tree species found in the community. 5. A Mitigated Negative Declaration has been prepared for this project concluding that there are no significant unmitigated impacts associated 'Yith this project, pursuant to the California Environmental Quality Act (CEQA). Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1. The retention of the trees restricts the economic enjoyment of the property and creates an unusual hardship for the property owner by severely limiting the use of the property in a manner not typically experienced by owners of similarly zoned and situated properties, and the applicant' has demonstrated to the satisfaction of the Planning Commission that there are no reasonable alternatives to preserve the trees due to the number of site constraints of the infill site. 2. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. City Council Resolution PLN2004-117 -1815 S. Bascom Avenue-Tree Removal Permit Page 2 3. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts ofthe project NOW, THEREFORE, BE IT RESOLVED that the City Council approves a Tree Removal Permit (PLN2004-117) to allow the removal of five protected trees on property owned by Pang Brothers Investment Company located at 1815 S. Bascom Avenue in a PD (planned Development) Zoning District. Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. COMMUNITY DEVELOPMENT DEPARTMENT Planning Division: 1. Approved Permit: Approval is granted for a Tree Removal Permit to allow the removal of five protected trees on property located at 1815 S. Bascom Avenue. This permit shall be valid only in conjunction with the approved Planned Development Permit (PLN2002-115). 2. Replacement Trees: Five 24-inch box size trees shall be required as replacement for the five protected trees to be removed. The location and species of these trees shall be shown on the detailed landscape and irrigation plans that shall be submitted to the Planning Division for review and approval by the Community Development Director, prior to the issuance of building permits. The proposed replacement trees shall continue the diversity of tree species found in the community and shall be a species listed in the City's Water Efficient Landscaping Standards (WELS). 3. Tree Protection Plan: The applicant shall submit a tree protection plan for all protected trees to be retained on site and shall contain specific information about the preservation of the trees during any grading or building on site. Such tree protection measures shall be installed prior to any demolition, grading, or building on the project site. No construction or trenching shall take place within the drip line of trees and a fence constructed of temporary cyclone fencing or wire mesh securely attached to poles driven into the ground shall be installed around the drip line of the tree. All trimming or branch removal from protected trees shall be completed by a certified arborist. The tree protection plan shall be submitted to the Planning Division for review and approval by the Community Development Director prior to the issuance of building permits. City Council Resolution PLN2004-117 -1815 S. Bascom Avenue-Tree Removal Permit Page 3 PASSED AND ADOPTED this 16th day of vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: November , 2004, by the following roll call COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Fu:rtado, Watson, Dean, Kennedy, Burr None None None APPROVElli~ Donald R. Burr, Mayor -' /2.~ Anne Bybee, City Clerk .... J'lORt.'t;Q1lijQ INf.1 p,\"."","li .s ~ ,.. ANt) COAfll!cr COPY OF lftll 'ON..... ON ALE IN THI8 OF'J'ICE. ATT18'I': ANNE BYBEE. CITY ClU'JU(..... OF ~ CAlIFORHI~ / ~ ~._~~ W<T!!D Itlt&] Id~ iI) (il ( dlll/I{N// City Council Report ITEM NO: CATEGORY: MEETING DATE: Public Hearing November 16, 2004 TITLE Public Hearing to consider the Application of Mr. Anthony Ho, on behalf of the Pang Brothers Investment Company for a Zone Change (pLN2004-l14) from P-D (Planned Development) to C-PD (Condominium Planned Development); a Planned Development Permit (PLN2004-1l5) for the construction of a new four- story mixed-use building; a Tentative Subdivision Map (PLN2004-116) to subdivide the property; and a Tree Removal Permit (PLN2004-117) to allow the removal of five protected trees on property owned by the Pang Brothers Investment Company located at 1815 S. Bascom Avenue in the P-D (Planned Development) Zoning District. CITY COUNCIL ACTION The Planning Commission recommends that the City Council take the following actions: 1. Adopt a Resolution, incorporating the attached findings, adopting a Mitigated Negative Declaration for this project. 2. Take first reading of the attached ordinance approving a Zoning Change (PLN2004-114) from P-D (Planned Development) to C-PD (Condominium Planned Development) for the project site. 3. Take first reading of the attached ordinance, incorporating the attached findings, approving a Planned Development Permit (PLN2004-115) to allow the construction of a new four-story mixed-use building accommodating 4,850 square feet of retail space and 45 residential condominiums. 4. Adopt a Resolution, incorporating the attached findings, approving a Tentative Subdivision Map (PLN2004-116) to subdivide the property, subject to the attached conditions of approval. 5. Adopt a Resolution, incorporating the attached findings, approved a Tree Removal permit (PLN2004-117) to allow the removal of five protected trees, subject to the attached conditions of approval. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act (CEQA), the City conducted an Initial Study for this project. The results of the study determined that no significant impacts would be created as a result of this project. Based upon the information provided in the Initial Study, staff recommends that the Planning Commission adopt the Mitigated Negative Declaration prepared for this project. The Initial Study and Mitigated Negative Declaration are included as an attachment to this report. The mitigation measures identified in the Mitigated Negative Declaration are included as conditions of approval for the project. The 20-day public review period was between October 6,2004 and October 25,2004. City Council Report PLN2004-114, 115, 116 & 117 ~ 1815 S. Bascom Avenue Zone Change, Planned Development Permit, Tentative Subdivision Map, and Tree Removal Permit Page 2 PROPOSAL Applicant's Proposal: The applicant is requesting approval of a Zone Change from P-D (Planned Development) to C-PD (Condominium Planned Development), a Planned Development Permit for the construction of a new four-story mixed-use building, a Tentative Subdivision Map to subdivide the property, and a Tree Removal Permit for the removal of five protected trees on property located at 1815 S. Bascom Avenue. The project plans illustrate one four-story mixed-use building with 4,850 square feet of retail/restaurant space, retail parking area, 45 residential condominium units, and a common residential lobby. The project includes full site improvements including landscaping and streetscape improvements. The project site is a 1.2 net acre (1.6 gross acre) site located on the southwest comer of Campisi Way and South Bascom Avenue. Land uses surrounding the project site include mixed commercial uses to the north, multi-family residences to the south, mixed commercial uses to the east, and an office building to the west. BACKGROUND The project site is currently developed with a 12,000 square foot restaurant building (Fung Lum Restaurant) built in 1973. The existing development consists of an existing building located on the northeast side of the property with parking surrounding the south and west side of the building. The building consists of wood, plaster, stucco, and a tile roof designed in a traditional Chinese style. Staff has worked with the applicant since May 2004 on a variety of site plan concepts and building configurations for the subject property. A City Council Study Session was held on July 6, 2004 to discuss the proposed project. The City Council was generally supportive of the project concept and expressed an interest regarding parking, traffic, and site planning. Planning Commission: The Planning Commission fOlwarded recommendations to the City Council by a 6-0-1 vote, at its meeting of October 26, 2004, with Commissioner Alderete absent, to approve the four applications. The Resolutions are provided in Attachment # 6. ANALYSIS General Plan Designation: The General Plan land use designation for the project site is CommercialJProfessional Office/Residential (up to 27 units per gross acre). The proposed mixed-use project is compatible with this land use designation. The proposed project complies with the following General Plan Land Use Element Goal for the Pruneyard/Creekside Area: · Goal LUT-14: The Pruneyard/Creekside Area as an active, connected "urban village" with a mixture of commercial, office, residential, entertainment and recreational uses functioning as a community and regional focal point. Zoning Designation: The current zoning designation for the project site is P-D (Planned Development). The Zoning Code requires that all condominium developments in the City be City Council Report PLN2004-114, 115, 116 & 117 ~ 1815 S. Bascom Avenue Zone Change, Planned Development Permit, Tentative Subdivision Map, and Tree Removal Permit Page 3 located within the C-PD Zoning District and the applicant is requesting approval of a Zone Change from P-D to C-PD. Projects within the C-PD Zoning District are subject to the procedures set forth in the Planned Development (P-D) Zoning District. The proposed project will be consistent with the C-PD Zoning District with approval of a Planned Development Permit. Planned Development Permit: The applicant is requesting approval of a Planned Development Permit. Approval of a Planned Development Permit is required to allow the development of this mixed use project. Tentative Subdivision Map: The Tentative Subdivision Map would subdivide the entire subject property into one lot, consisting of 45 residential "air space" condominiums, one residential "air space" for the residential common areas, and one commercial "air space" for the retail area. The residential common area for the development consists of the pedestrian walkways, emergency fire access areas, parking garage, and podium level courtyard area. These areas would be owned in common by the residents and maintained by the Homeowners Association to be formed for the development. A condition of approval has been added that requires the applicant to submit a draft copy of the Covenants, Conditions and Restrictions (CC&Rs) which provide for the formation of a homeowner's association to ensure the long-term maintenance of the common access driveway, shared parking spaces and landscaping. The draft CC&R's would be submitted prior to recordation of the Condominium Plan, for review and approval by the Community Development Director and City Attorney. Architecture: The building elevations illustrate the construction of one new four-story mixed-use building that incorporates many architectural details and elements. A variety of roof heights have been provided to enhance the appearance of the building. The building incorporates both hipped and gable roof forms. The height of the roof ridges of the proposed building varies from 47-feet to a maximum of 56-feet. The retail component is anchored on the corner of Bascom Avenue and Campisi Way with a tower element accented with a copper roof. An outdoor seating patio with tables and chairs wraps around the entire retail component for a pedestrian friendly environment. The residential pedestrian entrance is located on Campisi Way and tile steps lead the pedestrian up to the common lobby and courtyard. The entrance is defined by a sculptural metal awning with steel cable tiebacks attached to a three-story stucco building wall and clear glazing window system. Materials and colors help define the retail and residential spaces. The building wall around the retail tenant spaces and the building foundation and base around the retail parking garage and residential parking garage entrance have been accented with a stone veneer. The residential building wall and patio wall materials are shown as a light cream stucco body color. Some additional architectural features of the proposed building include metal awnings above the retail spaces, recessed window system, wrought iron railings, glass railings, concrete slate tile roof, City Council Report PLN2004-114, 115, 116 & 117 ~ 1815 S. Bascom Avenue Zone Change, Planned Development Permit, Tentative Subdivision Map, and Tree Removal Permit Page 4 decorative light fixtures, and decorative tile accents. The proposed design is well articulated and utilizes quality building materials. Parking: The proposed project provides 23 parking spaces for the retail space on the ground floor and 103 parking spaces for the residential units in the below grade parking garage. Pursuant to the Campbell Parking and Loading Ordinance, one parking space is required for each 200 square feet of gross floor area for retail uses. Based on the City's parking requirements for retail uses, the project would yield a parking requirement of 25 parking spaces (4,850 square feet @ I :200 for retail uses) and the applicant is providing 23 parking spaces for the retail. Pursuant to the Campbell Parking and Loading Ordinance, 3.5 parking spaces are required for each condominium unit with two or more bedrooms. Based on the City's parking requirements for condominiums, the project would yield a parking requirement of 158 parking spaces and the applicant is providing 103 parking spaces, or 2.3 parking spaces per unit. The project site is located within the Pruneyard/Creekside Commercial planning area which is planned as a mixed use area to compliment the nearby Vasona Light Rail Hamilton Station. The General Plan goal for new development in this area is to create an active, connected "urban village" with a mixture of commercial and residential uses. Developing the proposed project to meet the condominium parking requirements would discourage a project of this type and the developer has worked with staff to develop this project according to the guidelines contained in the General Plan and sound planning principles for mixed-use/transit oriented development. A Condition of Approval has been included requiring the developer provide incentives to encourage use of alternative transportation methods, such as the Vasona Light Rail. Traffic: A Trip Generation Analysis was prepared by DKS Associates for the proposed project. The anticipated daily trip generation for the proposed project is 483 daily vehicle trips. The peak hour trip generation for the proposed project will generate an additional 25 A.M. and 42 P.M. peak hour trips. The peak hour trip generation for the existing restaurant generates approximately ten A.M. and 90 P.M. peak hour trips. Comparing the proposed land use with the existing land use, a net difference of an additional 15 A.M. and a reduction of 48 P.M. trips would occur. As a result of the existing land use of a fairly large restaurant with a 275-300 seating capacity, the proposed development would result in less traffic coming and going from the site then currently exists. Based on the net difference of vehicle trips generated between the existing and proposed use, the addition of traffic generated by the proposed project will not result in significant changes to the intersection Levels of Service (LOS). The project will not exceed, either individually or cumulatively, a LOS standard established by the Congestion Management Program for designated roads or highways. Landscaping/Tree Removal: The project site was re-landscaped after the creation of the Campisi Way connection in 1980. The site is currently landscaped with trees, shrubs, and other plant material that are in fairly good condition. The existing landscaping would be removed to accommodate the construction of the new building, including the removal of five protected trees. City Council Report PLN2004-114, 115, 116 & 117 - 1815 S. Bascom Avenue Zone Change, Planned Development Permit, Tentative Subdivision Map, and Tree Removal Permit Page 5 The conceptual landscape plan specifies the quantity, size, and type of the proposed trees. The conceptual landscape plan illustrates the planting of 16 new medium-large sized trees and 43 small-medium sized trees, which exceeds the minimum one-to-one replacement ratio and complies with the City's Tree Protection Ordinance. A condition of approval requires that the applicant submit a detailed final landscape plan, prior to the issuance of building permits, for review and approval by the Community Development Director. ALTERNATIVES 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 The proposed project will generate a park impact fee of $253,575.00 for the forty-five residential condominium units. The project will also generate an undetermined increase in property tax revenues with the improvement of this parcel and potential sales taxes revenue from the proposed 4,850 square feet of retail space. Attachments: 1. Draft City Council Resolution Mitigated Negative Declaration 2. Draft City Council Ordinance (Zone Change) 3. Draft City Council Ordinance (Planned Development Permit) 4. Draft City Council Resolution (Tentative Subdivision Map) 5. Draft City Council Resolution (Tree Removal Permit) 6. Planning Commission Meeting Minutes and Resolutions 7. Planning Commission Staff Report Prepared by: ~~~J51r/4'L4~ ~ Melinda M. Denis, Planner I Reviewed by: Reviewed by: - Approved by: Attachment #'6 RESOLUTION NO. 3600 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING ADOPTION OF A MITIGATED NEGATWE DECLARATION FOR THE PROJECT LOCATED AT 1815 S. BASCOM AVENUE. After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the Planning Commission did determine that the adoption of a Mitigated Negative Declaration is warranted based upon the following findings: 1. An Initial Study has been prepared for the Maple Grove project located at 1815 S. Bascom Avenue, which provides documentation for the factual basis for concluding that a Mitigated Negative Declaration may be adopted since no substantial evidence exists, in light of the whole record, that the project may have a significant effect on the environment. The project consists of the development of a new four-story mixed-use building, and the removal of five protected trees. 2. The Mitigated Negative Declaration describes the reasons that the Maple Grove Project will not have a significant effect on the environment and therefore does not require the preparation of an Environmental Impact Report, pursuant to the California Environmental Quality Act Guidelines. 3. There are no responsible agencies or trustee agencies responsible for resources affected by the Maple Grove Project. 4. The City of Campbell provided a Notice of Intent to adopt a Mitigated Negative Declaration to the public via the Campbell Express and the County Clerk. 5. The City of Campbell provided a 20-day public review period of the draft Mitigated Negative Declaration pursuant to the California Environmental Quality Act Guidelines. The 20-day public review period was between October 6,2004 and October 25,2004. 6. The mitigation measures identified in the Mitigated Negative Declaration are included as conditions of approval of the Planned Development Permit. 7. The Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. Planning Commission Resolution No. 3600 Recommending Adoption of a Mitigated Negative Declaration - 1815 S. Bascom Avenue Page 2 2. The Custodian of the Record for the Mitigated Negative Declaration and Initial Study is the City Clerk of the City of Campbell, located at 70 North First Street, Campbell, California. PASSED AND ADOPTED this 26th day of October, 2004, by the following roll call vote: AYES: Commissioners: NOES: ABSENT: ABSTAIN: Commissioners: , Commissioners: Commissioners: ATTEST: Doorley, Francois, Gibbons, Hernandez, Rocha and Roseberry None Alderete None APPROVED'