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PD - 2006 o'i. CAIlt . :;':><9 t- ~ _ r- u r"' " "- 1- " <C c.> O~CHA\l\)' CITY OF CAMPBELL May 31, 2006 Community Development Department Marguerite Kirkorian, Trustee 1630 W. Campbell Avenue Campbell, CA 95008 Re: Building Permit Numbers: BLD 2006-536 - 159 Fulton Street BLD 2006-537 -157 Fulton Street BLD2006-540 - 153 Fulton Street BLD 2006-539 - 151 Fulton Street BLD 2006-541-155 Fulton Street BLD 2006-534 -1865 Bucknall Rd. BLD 2006-535 -1863 Bucknall Rd. BLD 2006-529 -1859 Bucknall Rd. Dear Applicant: The Planning Division has reviewed your building permit submittal for the construction of eight single-family homes on the referenced properties in light of the Planned Development Permit approval and City Council Resolution No. 10603. The following issues need to be addressed prior to a clearance from the Planning Division for the issuance of a building permit: 1. 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 with the approved conceptual landscape plan and the City's Water Efficient Landscaping Standards (WELS) and shall include the following changes: a. All new street trees in front landscape areas and along the street shall be twenty- four inch box sizes. All other new trees shall be minimum 15 gallon. b. The applicant shall provide decorative pavement (e.g. pavers or brick) within driveway aprons. The design, materials and color to be used for the decorative pavement shall be reviewed and approved by the Community Development Director. 2. Fences: Any newly proposed fencing and/or walls shall comply with Section 21.18.050 of the Campbell Municipal Code and the approved site plan and shall be reviewed and approved by the Community Development Director prior to issuance of any building permits for the project. The fencing plan shall include the following: 70 North First Street . CampbelJ, California 95008-1436 . TEL 408.866.2140 . FAX 408.866.8381 . TOO 408.866.2790 Building Permits for PLN20l~ 85 -1859 Bucknall Rd. & 145 Fulton Page 2 of2 a. Details of the decorative picket fences; b. Details of wood fencing along the development perimeter and within the development. 3. Color Samples 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 and approved by the Community Development Director prior to the issuance of building permits. Project details include, but are not limited to, the following: a. Specifications for the colors and materials of the building and architectural details. 4. Recorded 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 permit. 5. Utility Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to issuance of building permits 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. A utility plan shall be submitted for review and approval of the Community Development Director, prior to the issuance of Building Permits. 6. 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 grading or building permits. Thank you for the opportunity to review these plans. If you have any questions regarding these comments, please do not hesitate to contact me at (408) 866-2144 or by email at timh@cityofcampbell.com. s;r:J\ty Tim J. Haley Associate Planner cc: Frank Mills, Senior Building Inspector Jackie c. Young Lind, AICP, Senior Planner Ward Young Architects & Planning, 3435 Mt. Diablo Blvd, Suite 200, Lafayette, CA 94549 1}0_ o'i . CAIlt .i.,' . :;':><9 ;.... , ~ - r- u r"' --" " "- 1- . " <C c.> O~CHA\l\) CITY OF CAMPBELL Community Development Department May 9, 2006 Mr. Dan Brodnik Kentwood Homes, LLC 1630 West Campbell Avenue Campbell, CA 95008 Re: 1859 Buelmall Rd. & 145 Fulton Street Draft CC&R's Dear Mr. Brodnik: The City Attorney and Planning Staffhave reviewed the draft CC& R's in regards to compliance with the conditions of approval (COA) and has the following comments and required changes: 1. CC& R's: 1) Declaration, page 1: Insert Tract Map information. 2) Article I, page 3: Insert Tract Map information. 3) Article II, page 4: Insert Tract Map information. 4) Article IV, Section 1, page 7: Re-word - awkward. The Association is repairing, etc. the improvements within the easements, not the easements themselves. 5) Article IV, Section 2, page 7: This section does not recognize COA 4.a, 4.c, 4.d, or 4.e which requires joint maintenance of certain landscaping, fencing, irrigation and paving. 6) Article IV, Section 9, page 10: Note that "new rules" adopted shall comply with City's approval of the project. 7) Article VIII, Section 1, page 24: Strike "if applicable" from reference to City of Campbell's approval. 8) Article X, Section 2 add: Add to Article X, Section 2: Notwithstanding anything contained in this section, the covenants and restrictions of this Declaration shall not be terminated or changed in any manner that is inconsistent with Conditions of Approval on the approval of this project by the City of Campbell unless and until the City of Campbell has given its approval of the termination or change. II. By-Laws: 1) Article VIII, page 25: Note that "amendments" adopted shall comply with City's approval of the project. A copy of the Conditions of Approval per City Council Resolution No. 10603 has been enclosed. 70 North First Street. Campbell, California 95008-1436 . TEL 408.866.2140 . FAX 408.866.8381 . TOD 408.866.2790 ~,- - C,C & R's Review 1859 B- naIl Rd. and 145 Fulton Street Page 2 If you have any questions, please contact me at (408) 866-2144 or via email at timh@cityofcampbell.com. Sincerely, c(' ~\\y- Tim 1. Haley Associate Planner End: City Council Resolution No. 10603 cc: Jackie Young Lind, Senior Planner William Seligmann, City Attorney !\-. MEMORANDUM RECEA\"i" . FEB 1 0 20De CAMPBEll POUCt Ulfl. From: im Haley sociate Planner, Community Development Dept. To: Date: Subject: General Plan Amendment and Zone Change -1859 Buckna11 Road and 145 Fulton Street At the regular meeting of February 7, 2006, the City Council adopted the following Ordinances: Ordinance No. 2066 approving a General Plan Amendment and Ordinance No. 2067 approving a Zone Change for property located at 1859 Bucknall Road and 145 Fulton Street. Both Ordinances will become effective thirty days from the date of adoption and will be published in the Campbell Express on February 15, 2006. A certified copy of the above numbered Ordinances is attached for your records, together with a copy of the letter written to the applicant in follow up to the City Council's action. Attachment: .)....~o't . CA"-1,o~ f:: ~ U "r- . . ... .>. 1-t"" . ~ . (" Ol/CH "Ill)' CITY OF CAMPBELL City Clerk's Office February 8, 2006 Mr. Mike Mussano Ward-Young Architecture and Planning 3435 Mt. Diablo Blvd., #200 Lafayette, CA 94549 Dear Mr. Mussano: At the regular meeting of February 7, 2006, the Campbell City Council gave second reading to, and thereby formally adopted, the following Ordinances: Ordinance No. 2066 approving an amendment of the Land Use Element of the General Plan changing the land use designation on property, owned by Kirkorian Enterprises, LLC, located at 1859 Bucknall Road from Neighborhood Commercial to Low-Medium Density Residential and property located at 145 Fulton Street from Medium Density Residential to Low-Medium Density Residential; and Ordinance No. 2067 approving a Zone Change from R-2-S (Multiple Family Residential) to P-D (planned Development) for property located at 145 Fulton Street and from C-I-S (Neighborhood Commercial) to P-D (planned Development) for property located at 1859 Bucknall Road. Please find a certified copy of both Ordinances attached for your records. It should be noted that the Ordinances will become effective 30 days from the date of formal adoption. Please note that the time within which judicial review of this action must be sought is governed by Section 1094.6 of the California Code of Civil Procedure, unless another statute (such as California Government Code Section 65009 or some other applicable provision of law) sets forth a more specific time period. Continued ... 70 North First Street. CampbeIl, California 95008-1436 ' TEL 408.866.2117 . FAX 408.374.6889 ' TOO 408.866.2790 Page 2 continued 1859 Bucknall Road and 145 Fulton Street Should you have any questions in regard to the City Council's action, please do not hesitate to contact this office (866-2117) or Tim Haley, Associate Planner, Community Development Department. Sincerely, Attachments: cc. Dan Brodnick, Kirkorian Enterprises LLC, 1630 W. Campbell Ave., Campbell Tim Haley, Associate Planner, Community Development Department ORDINANCE NO. 2066 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING AN AMENDMENT OF THE LAND USE ELEMENT OF THE GENERAL PLAN (PLN2005-06) CHANGING THE LAND USE DESIGNATION ON PROPERTY OWNED BY KIRKORIAN ENTERPRISES, LLC, LOCATED AT 1859 BUCKNALL ROAD FROM NEIGHBORHOOD COMMERCIAL TO LOW-MEDIUM DENSITY RESIDENTIAL AND PROPERTY AT 145 FULTON STREET FROM MEDIUM DENSITY RESIDENTIAL TO LOW-MEDIUM DENSITY RESIDENTIAL. APPLICATION OF MR. MIKE MUSSANO, ON BEHALF OF WARD-YOUNG ARCHITECTURE AND PLANNING. FILE NO. PLN2005-06. The City Council of the City of Campbell does ordain as follows: SECTION ONE: That the Land Use Element of the General Plan 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. Mike Mussano, on behalf of Ward- Young Architecture and Planning, for property owned by Kirkorian Enterprises, LLC, located at 1859 Bucknall Road from Neighborhood Commercial to Low-Medium Density Residential and property at 145 Fulton Street from Medium Density Residential to Low-Medium Density Residential. 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 roll call vote: day of February ,2006, by the following AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Kennedy, Hernandez, Burr, Furtado, Watson None None None ATTEST: APPROVED: !1~~ J~nette Watson, Mayor Anne Bybee, City Clerk ~Ni 15 A TRU~ Tl'\E FOREGOING ~~~F'~~':Tl'\E OfIIGINAL coRRECi vV' AND l.E IN TliIS Oi'FlCE. ~ aN ON F\ ~EE. aN EST: ANNE B QRNIA cM\PBE\.1. CALlI' _ General Plan Amendment \ \ / . ./ '-~~ General Plan Amendment 145 Fulton Street From Medium Density Residential to Low-Medium Density Residential 1859 Bucknall Road From Neighborhood Commercial to Low-Medium Density Residential ,.- . .. ,..,,~, '1"'.!iilIi' ""''';'. . ", . . ,", ill 'x.: ,E",}r.:: . -,ii<;. w" r.. Location Map - 1859 Bucknall Rd. and 145 Fulton General Plan AmendmenUZone Change/Planned Development Permit! Tentative Subdivision Map 8 Single-family homes Legend - City Limits - Parcel Lines ORDINANCE NO. 2067 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A ZONING CLASSIFICATION CHANGE (PLN2005-88) FROM R-2-S (MULTIPLE FAMILY RESIDENTIAL) TO P-D (PLANNED DEVELOPMENT FOR PROPERTY LOCATED AT 145 FULTON STREET AND FROM C-1-S (NEIGHBORHOOD COMMERCIAL) TO P-D (PLANNED DEVELOPMENT) FOR PROPRETY LOCATED AT 1859 BUCKNALL ROAD OWNED BY KIRKORIAN ENTERPRISES, LLC. APPLICATION OF MR. MIKE MUSSANO, ON BEHALF OF WARD-YOUNG ARCHITECTURE AND PLANNING. FILE NO.: PLN2005-88. 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. Mike Mussano, on behalf of Ward-Young Architecture and Planning, for approval of a Zoning Classification Change (PLN2005-88) from R-2-S (Multiple Family Residential) to P-D (Planned Development) for property located at 145 Fulton Street and from C-1-S (Neighborhood Commercial) to P-D (Planned Development) for property located at 1859 Bucknall Road. 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 roll call vote: February , 2006, by the following AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Kennedy, Hernandez, Burr, Furtado, Watson None None None ArrEST: ENT IS A TRUe THE FOREGOING ~~~ THE ()RlGlNAL Anne Bybee, City Clerk hND CORRECT fFlcE. eN FiLE IN THIS 0 ~ CfTY CLEf'K. art n",S1: ANNE 6 fORNIA <.;AMpe~ CAU ~~ tj From R-2-S (Multiple Family Residential) to P-D (Planned Development) \ '\ / '~' Zoning Classification Change 1859 Buckn~l Road From C-1-S (Neighborhood Commercial} to P-D (Planned Development) Zoning Classification Change 145 Fulton Street --~ :t;:.,'.". ':.". :;")",;1",: "jy.'E! "Ei'ill" ...,. ",.. . .",'" %"~,,,.,.f, . "....... .. '., "j ~'. . ': .," 1m" .::,,, Location Map-1859 Bucknall Rd. and 145 Fulton General Plan AmendmenUZone Change/Planned Development Permit! Tentative Subdivision Map 8 Single-family homes Legend _ City Limits - Parcel Lines /II':~~:;'> /_ or" fJ... ~,\ (~ ~) \~ ...."'j \..-:::~~!,,~;~:/ . ...., ~~.O'i 'CAII1.bd' ,... e u r- o 0 .. .. -So", ~ .O"CH~':O.t. City of Campbell -- Community Development Department 70 N. First Street, Campbell, CA 95008 Transmittal To: Distribution Tim Haley, Associate Plann~ Date: January 25,2006 From: Subject: Project Approval 1589 Bucknall Rd.ll45 Fulton Street Please find attached City Council Resolutions Nos.l 0602, 10603 and 10604 approving an eight unit residential development on the subject properties. If you should have any questions regarding this project approval, please do not hesitate to contact me at 866-2144. Distribution: Bill Bruckart, Building Official Ed Arango, Associate Engineer Ryan Rucker, Santa Clara County Fire Department -, M/S: Kennedy/Furtado - to approve the Consent Calendar. Motion adopted by the following roll call vote: AYES: Councilmembers: Kennedy, Hernandez, Burr, Furtado, Watson NOES: Councilmembers: None ORAL REQUESTS Cameron Colson, 15231 Herring Avenue, appeared before the City Council and spoke regarding new technology related to weed control/pesticide use and storm drains. Mayor Watson referred to staff. Dennis Kine, 305 E. Empire Street, appeared before the City Council and spoke regarding new technology related to weed control/pesticide use and storm drains. Mayor Water referred to staff. PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES 8. Application of Mr. Mike Mussano on behalf of Ward-Young Architecture and Planning, for a General Plan Amendment (PLN 2005-060 from Neighborhood Commercial to Low-Medium Density Residential and from Medium-Density Residential to Low-medium Density Residential; Zone Change (PLN 2005-88) from C-1-S (Neighborhood Commercial) and R-2-S (Multiple Family Residential) to PD (Planned Development); a Planned Development Permit (PLN 2005-89) to allow the construction of eight small- lot single family residences and a Tentative Subdivision Map (PLN 2005-90) to allow the creation of eight lots on property owned by Kirkorian Enterprises, LLC, located at 1859 Bucknall Road and 145 Fulton Avenue in a C-1-S (Neighborhood Commercial) and R-2-S (Multiple Family Residential) Zoning District (Introduction of Ordinances/Resolutions/Roll Call Vote) This is the time and place for a public hearing to consider the application of Mr. Mike Mussano on behalf of Ward-Young Architecture and Planning, for a General Plan Amendment (PLN 2005-060 from Neighborhood Commercial to Low-Medium Density Residentia'l and from Medium-Density Residential to Low- medium Density Residential; Zone Change (PLN 2005-88) from C-1-S (Neighborhood Commercial) and R-2-S (Multiple Family Residential) to PO (Planned Development); a Planned Development Permit (PLN 2005-89) to allow the construction of eight small-lot single family residences and a Tentative Subdivision Map (PLN 2005-90) to allow the creation of eight lots on property owned by Kirkorian Enterprises, LLC, located at 1859 Bucknall Road and 145 Fulton Street in a C-1-S (Neighborhood Commercial) and R-2-S (Multiple Family Residential) Zoning District. Minutes of 1/17/2006 City Council Meeting 3 --. Community Development Director Fierro - Staff Report dated January 17, 2006. Mayor Watson declared the public hearing open and asked if anyone in the audience wished to be heard. Tim Ward, Architect and Applicant's representative, appeared before the City Council and spoke in support of the project. Dan Brodnick, Applicant, appeared before the City Council and spoke in support of the project. Mr. Srodnick stated he would like to propose an unincorporated homeowners association in lieu of the Code requirement for an incorporated homeowners association. John Kirkorian, 1630 Campbell Avenue, Campbell, appeared before the City Council and spoke in support of an unincorporated homeowners association which essentially will meet the same requirements of a formal homeowners association. Discussion followed regarding the requirement to establish a homeowners association. City Attorney Seligmann stated that formation of a homeowners association is a Municipal Code requirement and is the only adequate enforcement mechanism to ensure proper upkeep and maintenance of the development. There being no one else wishing to be heard, Mayor Watson closed the public hearing. Following discussion, M/S: Kennedy/Furtado - that the City Council adopt Resolution 10602 approving a Mitigated Negative Declaration for a residential development project located at 1859 Bucknall Road and 145 Fulton Street and incorporating Findings; Introduce Ordinance 2066 approving an Amendment to the land use element of the General Plan (PLN2005-06) changing the land use designation on property owned by Kirkorian Enterprises, LLC located at 1859 Bucknall Road from Neighborhood Commercial to Low-medium Density Residential and property at 145 Fulton Street from Medium Density Residential to Low-medium Density Residential for first reading; Introduce Ordinance 2067 approving a Zone Change (PLN2005-88) from R- 2-S (Multiple Family Residential) to PD (Planned Development) for property located at 145 Fulton Street and from C-1-S (Neighborhood Commercial) to PO (Planned Development) for property located at 1859 Bucknall Road for first reading; Adopt Resolution 10603 approving a Planned Development Permit ((PLN2005-89) to allow the construction of eight small-lot single-family residences on property owned by Kirkorian Enterprises, LLC located at 1859 Bucknall Road and 145 Fulton Street in a C-1-S (Neighborhood Commercial) and R-2-S (Multiple Family Residential) Zoning District, Minutes of 1/17/2006 City Council Meeting 4 --.. incorporating Findings and subject to Conditions of Approval including formation of a homeowners association to ensure the long-term maintenance of the project; and Adopt Resolution 10604 approving a Tentative Subdivision Map (PLN2005- 90) to create eight residential lots on property owned by Kirkorian Enterprises, LLC located at 1859 Bucknall Road and 145 Fulton Street in a C-1-S (Neighborhood Commercial) and R-2-S (Multiple Family Residential) Zoning Districts, incorporating Findings and subject to Conditions of Approval including formation of a homeowners association to ensure the long-term maintenance of the project. Motion adopted by the following roll call vote: AYES: Councilmembers: Kennedy, Hernandez, Burr, Furtado, Watson NOES: Councilmembers: None The City Clerk read the titles of Ordinance Nos. 2066 and 2067. M/S: Furtado/Kennedy - that further reading of Ordinance Nos. 2066 and 2067 be waived. Motion adopted unanimously. 8. Application of Mr. Craig Almeleh, on behalf of Architectural Technologies, Inc. for a Zone Change (PLN 2005-125) from M-1-S (Light Industrial) to C-PD (Condominium Planned Development); a Planned Development Permit (PLN 2005-126) to allow the conversion of four approved commercial/industrial buildings into 46 commercial/industrial condominium units and a Tentative Parcel Map (PLN 2005-127) for four lots for condominium purposes on property owned by Mr. James Chalmers located at 700-750 E. McGlincy Avenue in an M-1-S (Light Industrial) Zoning District (Introduction of Ordinances/Resolutions/Roll Call Vote) This is the time and place for a public hearing to consider the application of Mr. Craig Almeleh, on behalf of Architectural Technologies, Inc. for a Zone Change (PLN 2005-125) from M-1-S (Light Industrial) to C-PD (Condominium Planned Development); a Planned Development Permit (PLN 2005-126) to allow the conversion of four approved commercial/industrial buildings into 46 commerciallindustrial condominium units and a Tentative Parcel Map' (PLN 2005-127) for four lots for condominium purposes on property owned by Mr. James Chalmers located at 700-750 E. McGlincy Avenue in an M-1-S (Light Industrial) Zoning District. Planner I Willsey - Staff Report dated January 17, 2006. Mayor Watson declared the public hearing open and asked if anyone in the audience wished to be heard. Minutes of 1/17/2006 City Council Meeting 5 o'f. . CA"-1 . :,6~ ~ (<' u ,t;: - , ------ ~ 4ro l1u I t rt\. "0 >. ... (,,' OI/CHAIlI) . CITY OF CAMPBELL City Clerk's Office January 19, 2006 Mr. Mike Mussano W ard- Young Architecture and Planning 3435 Mt. Diablo Blvd., #200 Lafayette, CA 94549 Dear Mr. Mussano: At the regular meeting of January 17, 2006 the Campbell City Council held a public hearing to consider your application, on behalf of Ward-Young Architecture and Planning, for a general Plan Amendment; a Zone Change; a Planned Development Permit; and a Tentative Subdivision Map for property owned by Kirkorian Enterprises, LLC located at 1859 Bucknall Road and 145 Fulton Street, Campbell, CA 95008. After hearing public testimony, and following City Council discussion and deliberation, the City Council took the following action: 1. Adopted Resolution No. 10602 adopting a Mitigated Negative Declaration for a residential development project located at 1859 Bucknall Road and 145 Fulton Street; 2. Gave fIrst reading to Ordinance No. 2066 approving an Amendment to the Land Use Element of the General Plan (pLN 2005-06) changing the land use designation on property owned by Kirkorian Enterprises, LLC, located at 1859 Bucknall Road from Neighborhood Commercial to Low-Medium Density Residential and property at 145 Fulton Street from Medium Density Residential to Low-Medium Density Residential; 3. Gave fIrst reading to Ordinance No. 2067 approving a Zoning Classification Change (PLN 2005-88) from R-2-S (Multiple Family Residential) to P-D (Planned Development for property located at 145 Fulton Street, and from C-I-S (Neighborhood Commercial) to P-D (planned Development) for property located at 1859 Bucknall Road, with both properties being owned by Kirkorian Enterprises, LLC; Continued ... 70 North First Street, Campbell, California 95008-1436 . TEL 408,866.2117 . FAX 408.374.6889 . TOO 408,866.2790 .- -, Page 2 ... 4. Adopted Resolution No. 10603 approving a Planned Development Permit (pLN 2005- 89) to allow the construction of eight small-lot single-family residences on property owned by Kirkorian Enterprises, LLC, located at 1859 Bucknall Road and 145 Fulton Street in a C-I-S (Neighborhood Commercial) and R-2-S (Multiple Family Residential) Zoning District respectively, incorporating Findings and subject to the attached Conditions of Approval, including formation of a Homeowners Association to ensure the long-term maintenance of the project; and 5. Adopted Resolution No. 10604 approving a Tentative Subdivision Map (pLN 2005-90) to create eight residential lots on property owned by Kirkorian Enterprises, LLC located at 1859 Bucknall Road and 145 Fulton Street in a C-I-S (Neighborhood Commercial) and R-2-S (Multiple Family Residential) Zoning District respectively, incorporating Findings and subject to the attached Conditions of Approval, including formation of a Homeowners Association to ensure the long-term maintenance of the project. A certified copy of Resolution No. 10602, 10603 and 10604 is enclosed for your records. Please note that second reading of Ordinance No. 2066 and Ordinance No. 2067 will be heard at the regularly scheduled City Council meeting of February 7, 2006. You will receive a certified copy of the above mentioned Ordinances at that time. Please note that the time within which judicial review of this action must be sought is governed by Section 1094.6 of the California Code of Civil Procedure, unless another statute (such as California Government Code Section 65009 or some other applicable provision of law) sets forth a more specific time period. Should you have any questions in regard to the City Council's action, please do not hesitate to contact this office (408) 866-2117, or Tim Haley, Associate Planner, Community Development Department. Sincerely, '~/') //;0// tf:::e Bybee City Clerk Attachments: cc. Dan Brodnick, Kirkorian Enterprises, LLC, 1630 W. Campbell Ave., Campbell Tim Haley, Associate Planner RESOLUTION NO. 10602 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL ADOPTING A MITIGATED NEGATIVE DECLARATION FOR A RESIDENTIAL DEVELOPMENT PROJECT LOCATED AT 1859 BUCKNALL ROAD AND 145 FULTON STREET. 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. The City Council finds as follows with regard to the Mitigated Negative Declaration: 1. An Initial Study has been prepared for this Project, which provides documentation for the factual basis for concluding that a Mitigated Negative Declaration may be adopted since no substantial evidence exists, in light of the whole record, that the project may have a significant effect on the environment. The project consists of the development of eight detached small lot single-family residences, and related circulation and landscaping improvements. 2. A Trip Generation Analysis was prepared to evaluate the potential traffic impacts of the project and found that the proposed project will not cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system. Given the minor number of projected trips, the project will not exceed, either individually or cumulatively, a level of service standard established by the Congestion Management Program for designated roads or highways. 3. A Mitigated Negative Declaration that describes the reasons that the Eight Unit Housing Project will not have a significant effect on the environment and therefore does not require the preparation of an Environmental Impact Report was prepared pursuant to Section 15071 of the California Environmental Quality Act Guidelines. 4. There are no responsible agencies or trustee agencies responsible for resources affected by this project. 5. 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. 6. The City of Campbell provided a 20-day public review period of the Mitigated Negative Declaration pursuant to Section 15073 of the California Environmental Quality Act Guidelines. The 20-day public review period for the draft Mitigated Negative Declaration was between November 9,2005 and November 29,2005. No comments were received. .- City Council Resolution 1850 Bucknall Road & 145 Fulton Street - Adopting a Mitigated Negative Declaration Page 2 7. The mitigation measures address potential short-term air quality impacts associated with construction, paleontological or archaeological resources that might be encountered during project construction, strong seismic ground shaking associated with potential geologic conditions, and potential noise impacts during and project construction. The mitigation measures are included as Conditions of Approval of the Planned Development Permit and Tentative Subdivision Map. 8. The City Council hereby finds and determines that the Mitigated Negative Declaration reflects the independent judgment of the City Council. Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required Conditions of Approval, will have a significant adverse impact on the environment. 2. The Custodian of the Record for this 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 17th day of ,January , 2006, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBER: COUNCILMEMBER: COUNCILMEMBER: COUNCILMEMBER: Kennedy, Hernandez, Burr, Furtado, Watson None None None APPROVED: ATTEST: /2-~ Anne Bybee, City Clerk rN1 IS Po TRUE THE FOREGOING INSTFl~~C'.THE ORIG~ CORRECl roPy ~ FILE IN THIS oFfICE. CITY Q.fRK. CIif . ANNE 6~.:.,a. . CAUrvno~ (;f~ ~ RESOLUTION NO. BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A PLANNED DEVELOPMENT PERMIT (PLN2005-89) TO ALLOW THE CONSTRUCTION OF EIGHT SMALL- LOT SINGLE-FAMILY RESIDENCES ON PROPERTY OWNED BY KIRKORIAN ENTERPRICES, LLC, LOCATED AT 1859 BUCKNALL ROAD AND 145 FULTON STREET IN A C-1-S (NEIGHBORHOOD COMMERCIAL) AND R-2-S (MULTIPLE FAMILY RESIDENTIAL) ZONING DISTRICT. APPLICATION OF MR. MIKE MUSSANO, ON BEHALF OF WARD-YOUNG ARCHITECTURE AND PLANNING. FILE NO. PLN2005-89. 10603 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 PLN2005-89: 1. The development of the proposed project will result in a use that is consistent with proposed Low to Medium Density Residential General Plan land use designation. 2. The maximum density allowed under the General Plan is 13 units per gross acre. The proposed project results in a density of 9.3 units per gross acre. 3. Small lot single-family developments in the City are required to be located within a PO (Planned Development) Zoning District. The proposed project is consistent with the PO Zoning District with the approval of a Planned Development Permit. 4. The project plans illustrate the construction of 8 residential units and related parking, circulation and landscaping improvements. The proposed homes are two stories in height. 5. The project consists of a 17,901 square-foot building of building area, with a building coverage of 42%, landscaping coverage of 37% and paving coverage of 21 %. 6. The project has a Floor Area Ratio (FAR) of .68. 7. The project provides adequate parking through the provision of 31 parking spaces, equivalent to 3.8 spaces per unit. Provisions are included in the C, C & R's that require garage parking to remain available for parking. 8. Land uses surrounding the project site include four lexes to the north and the east, and single-family uses to the south and the west. 9. The proposed project provides a total of 9,636 square feet of open space, equivalent to an average of 1,204 square feet per unit. -, City Council Resolution PLN2005-89--1859 Bucknall Road & 145 Fulton Street - Planned Development Permit Page 2 10. The design of the buildings is compatible with other recently approved residential projects in the Low-Medium Density residential range and relates well with the surrounding neighborhood. Buildings are well articulated and utilize high quality building materials. II. A Mitigated Negative Declaration has been prepared for this project concluding that there are no significant unmitigated impacts associated with this project, pursuant to the California Environmental Quality Act (CEQA). Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1. The proposed development will result in a more desirable environment and use of the land than would be possible under any other zoning classification. 2. The development will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 3. The proposed development will not result in allowing more residential units than would be allowed by other residential zoning districts which are consistent with the General Plan designation of the property. 4. The development will be compatible with the Zoning Code of the City. 5. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 6. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. 7. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 8. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. NOW, THEREFORE, BE IT RESOLVED that the City Council approves a Planned Development Permit (PLN2005-89) to allow the construction of eight small-lot single- family residences on property owned by Kirkorian Enterprises, LLC, located at 1859 Bucknall Road & 145 Fulton Street. 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, City Council Resolution PLN2005-89--1859 Bucknall Road & 145 Fulton Street - Planned Development Permit Page 3 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 an 8-unit residential development on properties located at 1859 Bucknall Road and 145 Fulton Street. The building design and site design shall substantially conform to the project exhibits listed below, except as may be modified by the conditions of approval herein: a. Project plans prepared by Ward Young Architect, dated October 7, 2005 and November 16, 2005, including a grading and drainage plan, site plan, floor plans, unit plans and building elevations consisting of 15 sheets. b. Color/material board submitted by Ward Young Architects. c. Conceptual Site Plan/Landscape Plan prepared by Ward Young Architects. d. Tentative Subdivision Map prepared by Kenneth Nelson, RC.E., dated October 11, 2005. 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. 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 shared driveway(s), front yard landscaping, fencing and special paving. b. Continued architectural controls to ensure the architectural integrity of the project. c. Definition of common landscape areas to be maintained and provision of maintenance for these areas. d. A funding mechanism to ensure maintenance and upkeep of common landscape areas and shared access facilities. City Council Resolution PLN2005-89--1859 Bucknall Road & 145 Fulton Street - Planned Development Permit Page 4 e. On-going maintenance of the required front yard landscaping for the project. f. Requirement for the availability of garage space for the parking of vehicles at all times. g. A prohibition on the use of parking spaces for storage purposes, including boats, trailers, and recreational vehicles. 5. 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 with the approved conceptual landscape plan and the City's Water Efficient Landscaping Standards (WELS) and shall include the following changes: a. All new street trees in front landscape areas and along the street shall be twenty- four inch box sizes. All other new trees shall be minimum 15 gallon. b. The applicant shall provide decorative pavement (e.g. pavers or brick) within driveway aprons. The design, materials and color to be used for the decorative pavement shall be reviewed and approved by the Community Development Director. 6. Buildino Elevations. Details and Colors: The applicant shall submit detailed building elevations and exhibits depicting architectural details. Detailed elevations and exhibits shall be reviewed by and approved by the Community Development Director prior to the issuance of building permits. Project details include, but are not limited to, the following: a. Specifications for the colors and materials of the building and architectural details. b. Window schedules for high quality windows and window treatments. c. Details of porches and garage doors. 7. Parkino and Drivewavs: All parking and driveway areas shall be developed in compliance with Chapter 21.28 of the Campbell Municipal Code and the approved project plans. 8. Fences: Any newly proposed fencing and/or walls shall comply with Section 21.18.050 of the Campbell Municipal Code and the approved site plan and shall be reviewed and approved by the Community Development Director prior to issuance of any building permits for the project. The fencing plan shall include the following: a. Details of the decorative picket fences: b. Details of wood fencing along the development perimeter and within the development. City Council Resolution PLN2005-89--1859 Bucknall Road & 145 Fulton Street - Planned Development Permit Page 5 9. Propertv Maintenance: The property is to be maintained free of any combustible trash, debris and weeds until the time that actual construction commences. All unoccupied existing structures shall be secured by having windows boarded up and doors sealed shut, or be demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). 10. Utilitv Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to issuance of building permits 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. A utility plan shall be submitted for review and approval of the Community Development Director, prior to the issuance of Building Permits. 11. Contractor Contact Information Postino: 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 grading or building permits. 12. Park Impact Fee: A park impact fee, based on a density range of six to thirteen units per gross acre, is due upon development of the site. Credit shall be given for any legally existing residential to be demolished. Prior to recordation of the Parcel Map, 75% of this fee is due. The remaining 25% is due prior to issuance of a certificate of building occupancy. 13. On-site Iiohtino: On-site lighting shall be shielded away from adjacent properties and directed on site. The design and type of lighting fixtures, placement and lighting intensity of any proposed exterior lighting for the project shall be reviewed and approved by the Community Development Director prior to issuance of any building permits for the project. Lighting fixtures shall be of a decorative design and shall be compatible with the development and shall incorporate energy saving features. Low- intensity, downward-directed lighting shall be used in all outdoor areas within the project site. 14. Archaeoloaical Resources: If deposits of prehistoric or historical archaeological materials are encountered curing project construction activities, all work within 50 feet of the discovery shall be redirected and a qualified archaeologist shall be contacted to evaluate the discoveries and make recommendations regarding their potential significance and extent throughout the site. If such deposits cannot be avoided, they shall be evaluated for their California and National Register eligibility. If the deposits are not eligible, additional mitigation is not necessary. If the deposits are eligible, they shall be avoided or adverse project effects shall be mitigated. Upon completion of the archaeologist's evaluation, a report shall be prepared documenting the methods and results of the research, and recommendations for additional mitigation. The report should be submitted to the City of Campbell and the Northwest Information Center (NWIC) at Sonoma State University. City Council Resolution PLN2005-89--1859 Bucknall Road & 145 Fulton Street - Planned Development Permit Page 6 15. 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. 16. PaleontoloQical Resources: If 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 paleontologist shall be contacted to evaluate the situation. A licensed 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. 17. Noise Mitiqation: General construction noise shall be limited to between the hours of 8:00 a.m. and 5:00 p.m. on Monday through Friday and between the hours of 9:00 a.m. and 4:00 p.m. on Saturday. No construction on Sundays. 18. Construction Mitiaation Measures: The following practices should be followed during all phases of site preparation and construction activities: a. 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. b. All construction equipment with internal combustion engines used on the project site shall be properly muffled and maintained in good working condition. c. Unnecessary idling of internal combustion engines shall be strictly prohibited. d. All stationary noise-generating construction equipment, such as air compressors and portable power generators, shall be located as far as possible from noise- sensitive receptors such as existing residences and businesses. e. Prior to the issuance of building permits, the project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street so that the contractor can be made aware of noise complaints. f. Construction equipment, vehicles, and workers associated with the development of the project shall not be permitted to park on any residential streets. City Council Resolution PLN2005-89--1859 Bucknall Road & 145 Fulton Street - Planned Development Permit Page 7 g. The "Basic Measures" and the "Enhanced Measures" listed in Table 1 from BAAOMD CEOA Guidelines, 1999, shall be incorporated into the construction plans and implemented for the proposed project. The "Optional Measures" listed below shall also be incorporated. The City shall review the construction plans to ensure these measures have been incorporated: h. Install wheel washers for all existing trucks, or wash off all trucks and equipment prior to leaving the site; i. Suspend excavation and grading activity when winds exceed 25 miles per hour; and J. Limit the area subject to excavation, grading and other construction activity to 2 acres at anyone time. Building Division: 19. Permits Required: A building permit application shall be required for each proposed new dwelling structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 20. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 21. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 inches by 36 inches. 22. 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. 23. Soils Report: Two copies of a current soils report, prepared to the satisfaction of the Building Official, containing foundation and retaining wall design recommendations shall be submitted with the building permit application. This report shall be prepared by a licensed engineer specializing in soils mechanics. 24. 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. 25. 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; City Council Resolution PLN2005-89--1859 Bucknall Road & 145 Fulton Street - Planned Development Permit Page 8 a. Pad elevation b. Finish floor elevation (first floor) c. Foundation corner locations 26. Title 24 Eneroy Compliance: California Title 24 Energy Compliance forms CF-1 R and MF-1 R shall be blue lined on the construction plans. 8 ~ x 11 calculations shall also be submitted. 27. Special Inspections; When a special inspection is required by UBC Section 1701, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permits, in accordance with UBC Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 28. Santa Clara Valley Non-Point Source Pollution Control Prooram; The City of Campbell standard Santa Clara Valley Non-Point Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet (size 24 inches by 36 inches) is available at the Building Division service counter. 29. Approvals Required; The project requires the following agency approval prior to issuance of the building permit: a. West Valley Sanitation District (378-2407) b. Santa Clara County Fire Department (378-4010) c. School District:* i. Campbell Union School District (378-3405) ii. Campbell Union High School District (371-0960) iii. Moreland School District (379-1370) iv. Cambrian School District (377-2103) *Note: To determine your district, contact the offices identified above. Obtain the school District payment form from the City Building Division, after the Division has approved the building permit application. d. Bay Area Air Quality Management District (Demolitions only) (415-771-6000) 30. PG&E: Applicant is advised to contact Pacific Gas & Electric Company as early as possible in the approval process. Service installations, changes and/or relocation may require substantial scheduling time and can cause significant delays in the approval process. Applicant should also consult with PG&E concerning utility easements, distribution pole locations and required conductor clearances. 31. Construction Fencinq; This project shall be properly enclosed with construction fencing to prevent unauthorized access to the site during construction. The construction site shall be secured to prevent vandalism and/or theft during hours "'- City Council Resolution PLN2005-89--1859 Bucknall Road & 145 Fulton Street - Planned Development Permit Page 9 when no work is being done. All protected trees shall be fenced to prevent damage to root systems as per condition No.5 of this approval. FIRE DEPARTMENT 32. Required Fire Flow: The fire flow for this project is 1000 gpm at 20 psi residual pressure. The required fire flow is available from area water mains and fire hydrant(s) which are spaced at the required spacing. 33. Fire Apparatus (Enoine) Access Roads Required; Provide an access driveway (Lots S,6,and 7) with a paved all weather surface, a minimum unobstructed width of 12 feet, vertical clearance of 13 feet, 6 inches. Installations shall conform to Fire Department Standard Details and Specifications Sheet 0-1 . 34. Timino of Required Roadwav Installations: Required access roads, up through first lift of asphalt, shall be installed and accepted by the Fire Department prior to the start of combustible construction. During construction, emergency access roads shall be maintained clear and unimpeded. Note that building permit issuance may be withheld until installations are completed. Temporary access roads may be approved on a case by case basis. 35. Premises Identification: Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background. PUBLIC WORKS 36. Final Map: Prior to issuance of any grading or building permits for the project, the applicant shall submit a final map for review by the City and recordation, upon approval by the City Council and submit the map in a digital format acceptable to the City. 37. Preliminary Title Report: Upon submittal of the tentative map, the applicant shall provide a current Preliminary Title Report. 38. 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. 39. Monumentation for Final Map: Prior to recordation of the final map, the applicant shall provide a cash deposit for setting all monuments shown on the map. Monuments shall be set per section 20.76.010 of the Campbell Municipal Code. 40. Street Improvements: Prior to recordation of the final map, the applicant shall execute a street improvement agreement, cause plans for public street City Council Resolution PLN2005-89--1859 Bucknall Road & 145 Fulton Street - Planned Development Permit Page 10 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: 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 driveway approach and necessary sidewalk, curb and gutter as required by the Engineer. d. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway approaches and curb ramps on Bucknall Road and Fulton Street as necessary. e. Installation of street trees and irrigation at 30 feet on center along Bucknall Road and Fulton Street. f. Installation of City standard benchmark. g. Installation of monument wells. h. Installation of streetlights, conduits, conductors and related facilities in accordance with the City of Campbell's Street Lighting Policies along Bucknall Road, and Fulton Street. i. Installation of traffic control, stripes and signs as necessary. j. Construction of conforms to existing public and private improvements, as necessary. k. Permits will be required from the City of San Jose and Santa Clara Valley Water District for utility, sanitary sewer and storm sewer connections including trench restoration on Bucknall Road. Note that the proposed sanitary and storm connections on Bucknall Road is in San Jose jurisdiction and may also be in conflict with the 20" SCVWD central pipeline. It shall be the owner's responsibility in obtaining and complying with the requirements of these permits. 41. 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. 42. Maintenance of Landscapinq: 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. 43. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer c1eanout(s) shall be relocated or installed on private property behind the public right-of-way line. City Council Resolution PLN2005-89--1859 Bucknall Road & 145 Fulton Street - Planned Development Permit Page 11 44. 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. 45. Utilities: All on-site utilities shall be installed underground per Section 21.18.140 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. 46. Utilitv Coordination Plan: Prior to issuance of building permits for the site, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities. The plan shall clearly show the location and size of all existing utilities and the associated main lines; indicate which utilities and services are to remain; which utilities and services are to be abandoned, and where new utilities and services will be installed. Joint trenches for new utilities shall be used whenever possible. 47. 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. Bucknall Road or Fulton Avenue 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. 48. Gradino and Drainaoe 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. A grading and drainage certificate prepared by the licensed civil engineer or land surveyor shall be submitted to the City Engineer upon project completion. This certificate shall certify that final grading is in compliance with the approved grading and drainage plan. 49. Storm Drain Area Fee: Prior to recordation of the final map, the applicant shall pay the required Storm Drain Area fee of $2,385.00 per net acre, which is $1,531.00. 50.Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding stormwater pollution .- City Council Resolution PLN2005-89--1859 Bucknall Road & 145 Fulton Street - Planned Development Permit Page 12 prevention. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay. Resources to achieve these objectives include Stormwater Best Management Practices Handbook for New Development and Redevelopment ("CA BMP Handbook") by the California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for Stormwater Quality Protection ("Start at the Source") by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for Stormwater Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. 51. Demolition: Prior to recording of the final map the applicant shall obtain a demolition permit and remove any nonconforming structures. PASSED AND ADOPTED this 17th day of call vote: January . , 2006, by the following roll AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBER: COUNCILMEMBER: COUNCILMEMBER: COUNCILMEMBER: Kennedy, Hernandez, Burr, Furtado, Watson None None None APPROVED: ATTEST: ctL~ Anne Bybee, City ClerK ~ISAmJE THE fOREGOING coPV Of THE a.w. ~~ oFFIce. aN Q.ERK. aN ,-~ tJ5~ RESOLUTION NO. 10604 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A TENTATIVE SUBDIVISION MAP (PLN2005- 90) TO CREATE EIGHT RESIDENTIAL LOTS ON PROPERTY OWNED BY KIRKORIAN ENTERPRISES LLC LOCATED AT 1859 BUCKNALL ROAD AND 145 FULTON STREET IN A C-1-S (NEIGHBORHOOD COMMERCIAL) AND R-2-S (MULTIPLE FAMILY RESIDENTIAL) ZONING DISTRICTS. APPLICATION OF MR. MIKE MUSSANO, ON BEHALF OF WARD-YOUNG ARCHITECTURE AND PLANNING. FILE NO.: PLN2005-90. 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 PLN2005-90: 1. The proposed creation of 8 lots at a density of 9.3 units per gross acre is consistent with the Low-Medium Density Residential (6-13 units per gross acre) General Plan land use designation for the property. 2. The proposed Tentative Subdivision Map is consistent with the Planned Development Zoning Ordinance. 3. The provisions of the Covenants, Conditions and Restrictions are necessary to ensure the long-term maintenance of the common driveway, architectural integrity and landscaping quality. 4. The Tentative Subdivision Map has been distributed to local agencies, including Pacific Gas and Electric, West Valley Sanitation District, Santa Clara Valley Transportation Authority and the Santa Clara Valley Water District. None of these agencies raised any concerns about providing services to the proposed lots. 5. The proposed project, to the extent feasible, includes provisions for access to natural air and light for all of the units. 6. The provisions of the Covenants, Conditions and Restrictions are necessary to ensure the long-term property maintenance and continued architectural integrity of 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 upon the foregoing findings of fact, the City Council further finds and concludes that: City Council Resolution PLN2005-90 - 1859 Bucknall Road & 145 Fulton Street -- Tentative Subdivision Page 2 1. The proposed Tentative Subdivision Map is consistent with the General Plan and Zoning Ordinance of the City. 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 (PLN2005-90) to allow the creation of eight lots on property owned by Kirkorian Enterprises LLC located at 1859 Bucknall Road & 145 Fulton Street in a C- 1-S (Neighborhood Commercial) and R-2-S (Multiple Family Residential) Zoning District. Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. COMMUNITY DEVELOPMENT DEPARTMENT Planning Division: 1. Approved Proiect: Approval for a Tentative Subdivision Map to create 8 residential lots on properties located at 1859 Bucknall Road & 145 Fulton Street. The site design and subdivision design shall substantially conform to the project exhibits listed below, except as may be modified by the conditions of approval herein: City Council Resolution PLN2005-90 -1859 Bucknall Road & 145 Fulton Street -- Tentative Subdivision Page 3 a. Tentative Subdivision Map prepared by Kenneth Nelson, RCE and Lester Ikegami, RCE, dated October 10 & 11, 2005, including a plot plan, preliminary grading and drainage plan. b. The proposed Tentative Subdivision Map shall delineate a landscape easement along the street frontage of the project and along driveways where 3 foot picket fences are shown. 2. Approval Expiration: The Tentative Subdivision Map approval is valid for a period of two years from the date of final approval, unless an extension is granted prior to the expiration date. 3. Planned Development Permit Approval: Valid 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. 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 landscaping, fences, driveways and special paving. b. Continued architectural controls to ensure the architectural integrity of the project. c. Definition of common landscape and driveway areas to be maintained and provisions for maintenance of these areas. d. A funding mechanism to ensure maintenance and upkeep of common landscape and shared driveway(s), fencing and special paving. e. On-going maintenance of the required front yard landscaping, fencing and special paving for the project. f. Requirement for the availability of garage space for the parking of vehicles at all times. g. A prohibition on the use of parking spaces for storage purposes, including boats, trailers, and recreational vehicles. PUBLIC WORKS 5. 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 City Council Resolution PLN2005-90 -1859 Bucknall Road & 145 Fulton Street -- Tentative Subdivision Page 4 approval by the City Council and submit the map in a digital format acceptable to the City. 6. Preliminary Title Report: Upon submittal of the tentative map, the applicant shall provide a current Preliminary Title Report. 7. 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. 8. Monumentation for Final Map: Prior to recordation of the final map, the applicant shall provide a cash deposit for setting all monuments shown on the map. Monuments shall be set per section 20.76.010 of the Campbell Municipal Code. 9. 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: 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 driveway approach and necessary sidewalk, curb and gutter as required by the Engineer. d. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway approaches and curb ramps on Bucknall Road and Fulton Street as necessary. e. Installation of street trees and irrigation at 30 feet on center along Bucknall Road and Fulton Street. f. Installation of City standard benchmark. g. Installation of monument wells. h. Installation of streetlights, conduits, conductors and related facilities in accordance with the City of Campbell's Street Lighting Policies along Bucknall Road, and Fulton Street. i. Installation of traffic control, stripes and signs as necessary. j. Construction of conforms to existing public and private improvements, as necessary. k. Permits will be required from the City of San Jose and Santa Clara Valley Water District for utility, sanitary sewer and storm sewer connections including trench restoration on Bucknall Road. Note that the proposed sanitary and storm connections on Bucknall Road is in San Jose jurisdiction and may also be in conflict with the 20" SCVWD central pipeline. It shall be the owner's responsibility in obtaining and complying with the requirements of these permits. City Council Resolution PLN2005-90 - 1859 Bucknall Road & 145 Fulton Street -- Tentative Subdivision Page 5 10. Occupancv: Prior to allowing occupancy for any and/or all buildings, the applicant shall have the required street improvements installed and accepted by the City. 11. Maintenance of Landscapino: 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. 12. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer c1eanout(s) shall be relocated or installed on private property behind the public right-of-way line. 13. 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. 14. Utilities: All on-site utilities shall be installed underground per Section 21.18.140 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. 15. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities. The plan shall clearly show the location and size of all existing utilities and the associated main lines; indicate which utilities and services are to remain; which utilities and services are to be abandoned, and where new utilities and services will be installed. Joint trenches for new utilities shall be used whenever possible. 16. 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. Bucknall Road or Fulton Avenue 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. 17. Gradino and Drainaoe 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. City Council Resolution PLN2005-90 -1859 Bucknall Road & 145 Fulton Street -- Tentative Subdivision Page 6 A grading and drainage certificate prepared by the licensed civil engineer or land surveyor shall be submitted to the City Engineer upon project completion. This certificate shall certify that final grading is in compliance with the approved grading and drainage plan. 18. Storm Drain Area Fee: Prior to recordation of the final map, the applicant shall pay the required Storm Drain Area fee of $2,385.00 per net acre, which is $1,531.00. 19. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding stormwater pollution prevention. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay. Resources to achieve these objectives include Storm water Best Management Practices Handbook for New Development and Redevelopment ("CA BMP Handbook") by the California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for Storm water Quality Protection ("Start at the Source") by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for Storm water Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. 20. Demolition: Prior to recording of the final map the applicant shall obtain a demolition permit and remove any nonconforming structures. PASSED AND ADOPTED this 17th day of January ,2006, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBER: COUNCILMEMBER: COUNCILMEMBER: COUNCILMEMBER: Kennedy, Hernandez, Burr, Furtado, Watson None None None APPROVED: ATTEST: ~ Anne Bybee, City Clerk "ENT IS A TRUE .....c: FOREGOING INSTRUm 0flIQtNAL ,..... """"oeer COf1"f OF THE AND~ ,.... ON FILE IN THIS OFF\...... a.ERK. arv ~. """". art r. . :: ~~ --- -. o'f. . CA"-1,o . <S> ~ . <" - ('" U r- ... -s-" .>. "- (,,' o . I/CH A Ill) CITY OF CAMPBELL Community Development Department December 2, 2005 NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning Commission of the City of Campbell has set the time of 7:30 p.m., or shortly thereafter, on Tuesday, December 13, 2005, in the City Hall Council Chambers, 70 North First Street, Campbell, California, for a Public Hearing to consider the application of Mr. Mike Mussano, on behalf of Ward-Young Architecture and Planning, for a General Plan Amendment (PLN2005-06) from Neighborhood Commercial to Low-Medium Density Residential and from Medium-Density Residential to Low-Medium Density Residential; a Zone Change (PLN2005-88) from C-1-S (Neighborhood Commercial) and R-2-S (Multiple Family Residential) to P-D (Planned Development); a Planned Development Permit (PLN2005- 89) to allow the construction of eight small-lot single-family residences and a Tentative Subdivision Map (PLN2005-90) to allow the creation of eight lots on property owned by Kirkorian Enterprises, LLC, located at 1859 Bucknall Road and 145 Fulton Avenue in a C-1-S (Neighborhood Commercial) and R-2-S (Multiple Family Residential) Zoning District. A Mitigated Negative Declaration is proposed for this project. Tentative City Council meeting date: January 17, 2006. Interested persons may appear and be heard at this hearing. Please be advised that if you challenge the nature of the above project in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this Notice, or in written correspondence delivered to the City of Campbell Planning Commission at, or prior to, the Public Hearing. Questions may be addressed to the Community Development Department at (408) 866-2140. Decisions of the Planning Commission may be appealed to the City Council. Appeals must be submitted to the City Clerk in writing within 10 calendar days of an action by the Commission. In compliance with the Americans with Disabilities Act, listening assistive devices are available for all meetings held in the Council Chambers. If you require accommodation, please contact the Community Development Department at (408) 866-2140, at least one week in advance of the meeting. PLANNING COMMISSION CITY OF CAMPBELL SHARON FIERRO SECRETARY PLEASE NOTE: When calling about this Notice, please refer to File No. PLN2005-06/88/89/90 Address: 1859 Bucknall Road & 145 Fulton Avenue 70 North First Street. Campbell, California 95008-1436 . TEL 408.866.2140 ' FAX 408.866,8381 . TOO 408,866.2790 o~ · CA~/.) ~.. <9 f:: ~ U r- o 0 ..... .l>., ~<" ~ . (, OIlCHi\\t" . NOTICE OF INTENT INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION CITY OF CAMPBELL, CALIFORNIA Notice is hereby given of the intent of the City of Campbell City Council to adopt a Mitigated Negative Declaration for the development of a new eight (8) unit residential project located at 1589 Bucknall Rd. and 145 Fulton Avenue. The project includes the following applications: 1) A General Plan Amendment to allow a land use designation change from Neighborhood Commercial to Low-Medium Density (1589 Bucknall Rd.) and from Medium Density Residential to Low-Medium Density Residential (145 Fulton Avenue) 2) A zone change from Neighborhood Commercial and R-2-S to P-D (Planned Development (Both properties) 3) Approval of a Planned Development Permit (Both properties) 4) Approval of a Tentative Subdivision Map to create 8 residential lots The project site is located at the northeast corner of Bucknall Rd and Fulton Avenue. The project site is comprised of 26,392 square feet and is currently developed with a convenience store and a four-plex which would be removed with the development of the project. Based on the Initial Study, it has been concluded that the project described above will not have a significant effect on the environment and a draft Mitigated Negative Declaration has been prepared. The public review period for the draft Mitigated Negative Declaration begins on November 9, 2005 and ends on November 29, 2005. Any comments must be submitted to the Community Development Department by 5:00 p.m. on November 29, 2005. Copies of the Initial Study, draft Mitigated Negative Declaration, and all supporting documentation are available for review from 8:00 a.m. to 5:00 p.m. at the Community Development Department, City Hall, 70 North First Street, Campbell, California. The date for the required Public Hearings has been set for 7:30 p.m., or shortly thereafter, on December 13, 2005 (Planning Commission) and January 3, 2006 (City Council), in the City Hall Council Chambers, 70 North First Street, Campbell, California. Questions may be addressed to Tim Haley, Associate Planner, at (408) 866-2144. CITY OF CAMPBELL ANNE BYBEE CITY CLERK Pub. ,2005 0\ . CAIlt . /.><9 ~ ~ - r"' U r CAMPBELL -' "- 1- < "- "" <.:' ORCHAR'" c- o CITY OF CAMPBELL Community Development Department July 29, 2005 Mr. Mike Mussano Ward-Young Architecture and Planning 3435 Mt. Diablo Blvd., Suite # 200 Lafayette, CA 94549 Re: General Plan Amendment (pLN 2005-06) Zone Change (pLN 2005-88) Planned Development Permit (pLN 2005-89) Tentative Subdivision Map (pLN 2005-90) 1859 BucknaU Rd. and 145 Fulton Avenue Dear Mr. Mussano: The Planning Division has reviewed your General Plan Change, Zone Change, and Planned Development Permit and Tentative Subdivision Map application submittals for eight small lot single-family homes on properties located at 1859 Bucknall Rd. and 145 Fulton Avenue. Your applications have been deemed incomplete. The following information and details are needed to complete your applications and schedule your project for a public hearing: 1. Proiect Board: Please provide a project board that contains actual samples of the exterior building and roof materials/colors for the proposed homes. Please provide in an II"x 17' format. 2. Reduced Exhibits: Please provide 15 copies of reduced project exhibits in an 11" x 17"format.(site plans, floor plans, elevations and color exhibits). 3. Conceotual Landscape Plan: Please provide a conceptual landscape plan indicating size and the general type of landscaping materials. 4. Preliminary Grading & Drainage Plan: Please provide a preliminary grading and drainage plan. 5. Site Plan: The following items need to be provided on the site plan: a. Fencing height, type and location. 6. Elevations: The following items need to be provided on the elevations: a. Colored street elevations 7. Tentative Subdivision Map: The establishment of a shared driveway concept in a Planned Development Zoning District has required the provision of a common lot and C.C.& R.'s for maintenance and operational parameters. Please amend the map to reflect a common lot for these residences. 70 North First Street . Campbell, California 95008-1436 . TEL 408.866.2 t 40 . FAX 408.871.5140 . roD 408.866.2790 -....... 1859 Bucknall Road and 14. ..llton Avenue Page 2 of2 The Architectural Advisor has submitted the attached comments. You may wish to response to this design changes as appropriate. Your application was distributed to the Public Works Department, Building Division, Planning Division and County Fire Department. In addition to the Planning Division's comments contained in this letter, please find enclosed comments from the Building Division, Public works Department and the County Fire Department. If you have any questions regarding these comments, please contact me at (408) 866-2144 or via email at timh@citvofcampbell.com. ~' l~~ Tim Haley Associate Planner enc1: Architectural Advisor's Comments ~ July 20,2005 Public Works Department ~ July 13,2005 Fire Department ~ July 14, 2005 Building Division ~ July 13, 2005 Dan Brodnik, Kirkorian Enterprises Kenneth Nelson, RCE Frank Mills, Senior Building Inspector Ryan Rucker, Santa Clara County Fire Department Bill Bruckart, Building Official Of .C~j.) ~.. ~~ tJ ~ o 0 ,.0\ p. ~ $' . O~CHA\\~ . City Council Report Item: Category: Date: Public Hearing January 17, 2005 TITLE: Public Hearing to consider the application of Mr. Mike Mussano, on behalf of Ward-Young Architecture and Planning, for a General Plan Amendment (PLN2005-06) from Neighborhood Commercial to Low-Medium Density Residential and from Medium Density Residential to Low-Medium Density Residential; a Zone Change (PLN2005-88) from C-1-S (Neighborhood Commercial) and R-2-S (Multiple Family Residential) to P-D (Planned Development); a Planned Development Permit (PLN2005-89) to allow the construction of eight small-lot single-family residences and a Tentative Subdivision Map (PLN2005-90) to allow the creation of eight lots on property owned by Kirkorian Enterprises, LLC, located at 1859 Bucknall Road and 145 Fulton Street in a C-1-S (Neighborhood Commercial) and R- 2-S (Multiple Family Residential) Zoning District. A Mitigated Negative Declaration is proposed for this project. RECOMMENDATION The Planning Commission recommends that the City Council takes the following actions pertaining to properties located at 1859 Bucknall Rd and 145 Fulton Street: 1. Adopt a Resolution, incorporating the attached findings, adopting a Mitigated Negative Declaration for the BucknalJ Road and Fulton Street Residential Development; 2. Take first reading of the attached Ordinance approving a General Plan Amendment to change the General Plan land use designation from Medium Density Residential and Neighborhood Commercial to Low-Medium Density Residential for the project site; 3. Take first reading of the attached Ordinance approving a Zoning Classification Change from R-2-S (Multiple-family Residential) and C-1-S (Neighborhood Commercial) to P-D (Planned Development) for project site; and 4. Adopt a Resolution, incorporating the attached findings, approving a Planned Development Permit allowing the development of 8 residential units, subject to the attached conditions of approval. 5. Adopt a Resolution, incorporating the attached findings, approving a Tentative Subdivision Map to create 8 residential lots, subject to the attached Conditions of Approval. - Staff Report - City Council Meeting of January 17, 2006 PLN2005-06, 88/89/90 - 1859 Bucknall Road & 145 Fulton Street Page 2 of 7 ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act (CEQA), the City conducted an Initial Study for this project. The results of the study determined that no significant impacts would be created as a result of this project. Based upon the information provided in the Initial Study, the Planning Commission recommends that the City Council adopt the Mitigated Negative Declaration prepared for this project. The Initial Study and the Mitigated Negative Declaration are included as an attachment to this report. The mitigation measures are included as Conditions of Approval of the Tentative Subdivision Map and the Planned Development Permit. The 20-day public review period for the draft Mitigated Negative Declaration was between, November 9,2005 and November 29,2005. No comments were received. BACKGROUND Applicant's Proposal: The applicant is requesting approval of the following applications: 1. A General Plan Amendment from Medium Density Residential and Neighborhood Commercial to Low-Medium Density Residential. 2. A Zone Change from R-2-S and C-1-S to P-D. 3. A Planned Development Permit to allow the redevelopment of the .85 gross acre project site to accommodate 8 detached residential units; and 4. A Tentative Subdivision Map to create 8 residential lots. The subject properties are located on the northwest corner of Bucknall Road and Fulton Street. The project site is currently occupied by a single story convenience store of 4,400 square feet and a two-story four-plex which would be removed with the development of the project. The project site is currently zoned R-2-S (Multiple Family Residential) and C-1-S (Neighborhood Commercial). City Council Authorization: On May 23, 2005, the City Council authorized the applicant to proceed with a General Plan Amendment for the project site from Medium Density Residential and Neighborhood Commercial to Low-Medium Density Residential. Planninq Commission Action: The Planning Commission, at its meeting on December 13, 2005, voted 5-2 to recommend that the City Council approve the proposed project, subject to the recommended conditions of approval including a requirement that a Homeowners Association be required to maintain landscaping and architectural integrity. Staff Report - City Council Meeting of January 17, 2006 PLN2005-06, 88/89/90 - 1859 Bucknall Road & 145 Fulton Street Page 3 of 7 ANALYSIS Surroundina Land Uses North: South: East: West: Residential - Four-plexes Residential - Single-family Residential Residential - Four-plexes Residential - Single-family Residential General Plan The General Plan land use designation for the project site is currently Medium Density Residential (14-20 units per gross acre) and Neighborhood Commercial for the .85 acre project site. The applicant is requesting approval of a General Plan Amendment for both parcels to Low-Medium Density Residential. The proposed land use change allows this project to act as a transition from the surrounding four-plexes that are north and east of the site to the adjacent single family uses to the south and west. The proposed project would result in a project density of 9.3 units per gross acre, which would be consistent with the requested General Plan Land Use Designation of Low-Medium Density Residential (6-13 units per gross acre) with the approval of a Planned Development Permit. The proposed project complies with the following General Plan Land Use Element policies and strategies: Strategy LUT-5.2a: Neighborhood Compatibility: Promote new residential development and substantial additions that are designed to maintain and support the existing character and development pattern of the surrounding neighborhood, especially in historic neighborhoods and neighborhoods with consistent design characteristics. - The proposed land use provides a transition between the multiple family uses and single-family use that border the project site. The residential use additionally introduces a more compatible residential use to this neighborhood versus the isolated commercial use. Strategy LUT-7.2g: Landscaped and Tree Lined Streets: Provide attractive, user friendly, tree-lined streets and install creative landscaping in street improvement projects, where feasible. - The project will install new street improvements along the street frontages that incorporate street trees and park strips typical of residential areas. Policy LUT-3.1: Variety of Residential Densities: Provide land use categories for and maintenance of a variety of residential densities to offer existing and future residents of all income levels, age groups and special needs sufficient opportunities and choices for locating in Campbell. - The project allows the construction of detach,:l small lot single-family homes thus providing _ aJY " '. additional housing tYPi for potential homeowners between a standard (-1 /': ',_/ Staff Report - City Counvll Meeting of January 17, 2006 PLN2005-06, 88/89/90 - 1859 Bucknall Road & 145 Fulton Street Page 4 of 7 single family residences and an attached townhome product. Zonina Classification: The current zoning classifications for the project site are R-2-S (Multiple-family residential) and C-1-S (Neighborhood Commercial). The applicant is requesting approval of a zoning classification change to P-D (Planned Development) for both parcels. The proposed development will be consistent with the zoning classification with approval of a Planned Development Permit. The proposed development requires approval of flexible development standards to allow the following: · Creation of three smaller lots accessed by joint use driveways; · Lesser setbacks between the residential units and along the northern project boundary; and within the project; and · Smaller lot sizes less than the minimum lot size of 6,000 square feet typically required for standard R-1-6 zoning districts. Site Lavout: The site plan depicts the placement of five of the lots along the street frontages and the creation of three interior flag lots. The following features are provided with the proposed site layout: · A private interior circulation driveway system that serves three lots; · The development of a shared access drive between to two of the lots; and · The provision of a common landscaping theme along the street frontage of the project. Open Space: The site plan indicates that approximately 37 percent of the project site will be landscaped. A majority of the residences have 10 to 12 foot rear yards with the exception of the corner lot at the intersection of Bucknall Road and Fulton Street which has a 5 foot rear yard. Yard areas along the street frontages are defined with low picket fences and single story covered porch areas. The equivalent of 1,204 square feet of open space is provided per unit in the private and public yards areas. The Planning Commission required that yard areas on the street frontages be included in common areas to be maintained by the Home Owners Association. Site and Architectural Analvsis Elevations depict a variety of residential designs with five different floor plans and eight different elevations. The architectural style can be characterized as a Craftsman/Ranch style. Roofing forms are shown as both gable and hip roof shapes with an asphalt composition shingle roofing material. Wall materials are shown as shingle and horizontal wood siding with stone veneer wainscoting. The elevations have been accentuated with single story porch elements, traditional window forms, and decorative trim around all windows. Porches are detailed with open Staff Report - City Coun~11 Meeting of January 17, 2006 PLN2005-06, 88/89/90 - 1859 Bucknall Road & 145 Fulton Street Page 5 of 7 bracket supports and wood rails. Fencina: A low decorative picket fence is shown along the street frontages and along the private driveways. The remainder of project fencing is shown with 6' good neighbor wood fences around the project perimeter. Parkina: The site plan indicates the provision of 31 parking spaces, equivalent to 3.87 spaces per unit which exceed the parking requirement of 3.5 spaces per unit. The Parking and Loading Ordinance, requires 3.5 parking spaces per unit for town homes or a total of 28 parking spaces for this project. Subdivision Desian The applicant is requesting approval of a Tentative Subdivision Map to subdivide the property into eight residential lots. Three of the proposed lots are flag lots and two of the flag lots share a driveway access. No common lots are proposed. The applicant does not propose to create a Homeowners Association for this project and wishes to address common maintenance and use issues under Covenants, Conditions and Restrictions (C,C & R's) see Attachment No. 11 of the Planning Commission report. A condition of approval was recommended by the Planning Commission, however, requiring the provision of a landscape and fencing easement along the street frontage of the project to ensure a consistent landscape appearance to the development, and the creation of a Homeowner's Association to ensure on-going maintenance. The Planning Commission believes that the project density, a shared driveway and a consistent development appearance warrants the creation of a Homeowner's Association. Section 20.16.035 of the Campbell Municipal Code regulates subdivisions which include the creation of lots which do not have frontage on a public street. This section requires that the subdivision be approved with covenants, conditions and restrictions and a property owners association for the joint maintenance of reciprocal rights of ways and perimeter landscape area. Common maintenance requires the formation of a Home Owners Association. Projects with Home Owners Association are called "common interest developments." Common interest developments require approval of the State Department of Real Estate. This process ensures that the Covenants, Conditions and Restriction (CC&R's) are adequate to provide for the long term maintenance of the common areas and establishes a private governing body to fund and administer compliance to established standards. To ensure the proper maintenance and upkeep of the development, a condition of approval has been added that requires that the applicant to submit a draft copy of the Covenants, Conditions and Restrictions (CC&R's) prior to recordation of the Final Staff Report - City Cour'IJd Meeting of January 17, 2006 PLN2005-06, 88/89/90 - 1859 Bucknall Road & 145 Fulton Street Page 6 of7 Subdivision Map which include: 1. Formation of a Homeowner's Association to ensure the long-term maintenance of properties; 2. Continued architectural controls to ensure the architectural integrity of the project; 3. Definition of publicly visible areas to be maintained and provision of maintenance for these areas; 4. A funding mechanism to ensure maintenance and upkeep of common landscape areas including fencing and special paving materials as necessary; 5. On-going maintenance of the required front yard landscaping, fencing and special paving for the project; 6. Requirement for the availability of interior garage spaces for each unit for the parking of vehicles at all times; and 7. A prohibition on the use of parking spaces for storage purposes, including boats, trailers and recreational vehicles. The draft CC&R's shall be submitted prior to recordation of the Final Map, for review and approval by the Community Development Director and City Attorney. FISCAL IMPACTS In addition to entitlement and building permit fees, the developer will contribute approximately $37,660 in park in-lieu fees to be paid directly into the City of Campbell's park fund. ALTERNATIVES Approved by: 1. Approve the proposed project subject to additional and/or modified conditions of approval. 2. Deny the proposed project. 3. Continue for further r:e~ ~r.:-- ~ TA~Cy~ -Sharon Fierro, Community Development Director Prepared by: Approved by: Daniel Rich, City Manager Staff Report - City COWI"'I' Meeting of January 17, 2006 PLN2005-06, 88/89/90 - 1859 Bucknall Road & 145 Fulton Street Page 7 of 7 Attachments: 1. City Council Resolution (Mitigated Negative Declaration) 2. City Council Ordinance (General Plan Amendment) 3. City Council Ordinance (Zone Change) 4. City Council Ordinance (Planned Development Permit) 5. City Council Resolution (Tentative Subdivision Map) 6. Planning Commission Resolutions and Meeting Minutes 7. Planning Commission Report Including Attachments 8. Section 20.16.035 Campbell Municipal Code - Exception to access provisions Attachment #1 RESOLUTION NO. BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL ADOPTING A MITIGATED NEGATIVE DECLARATION FOR A RESIDENTIAL DEVELOPMENT PROJECT lOCATED AT 1859 BUCKNALL ROAD AND 145 FULTON STREET. 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. The City Council finds as follows with regard to the Mitigated Negative Declaration: 1. An Initial Study has been prepared for this Project, which provides documentation for the factual basis for concluding that a Mitigated Negative Declaration may be adopted since no substantial evidence exists, in light of the whole record, that the project may have a significant effect on the environment. The project consists of the development of eight detached small lot single-family residences, and related circulation and landscaping improvements. 2. A Trip Generation Analysis was prepared to evaluate the potential traffic impacts of the project and found that the proposed project will not cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system. Given the minor number of projected trips, the project will not exceed, either individually or cumulatively, a level of service standard established by the Congestion Management Program for designated roads or highways. 3. A Mitigated Negative Declaration that describes the reasons that the Eight Unit Housing Project will not have a significant effect on the environment and therefore does not require the preparation of an Environmental Impact Report was prepared pursuant to Section 15071 of the California Environmental Quality Act Guidelines. 4. There are no responsible agencies or trustee agencies responsible for resources affected by this project. 5. 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. 6. The City of Campbell provided a 20-day public review period of the Mitigated Negative Declaration pursuant to Section 15073 of the California Environmental Quality Act Guidelines. The 20-day public review period for the draft Mitigated Negative Declaration was between November 9,2005 and November 29,2005. No comments were received. City Council Resolution 1850 Bucknall Road & 145 Fulton Street - Adopting a Mitigated Negative Declaration Page 2 7. The mitigation measures address potential short-term air quality impacts associated with construction, paleontological or archaeological resources that might be encountered during project construction, strong seismic ground shaking associated with potential geologic conditions, and potential noise impacts during and project construction. The mitigation measures are included as Conditions of Approval of the Planned Development Permit and Tentative Subdivision Map. 8. The City Council hereby finds and determines that the Mitigated Negative Declaration reflects the independent judgment of the City Council. Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required Conditions of Approval, will have a significant adverse impact on the environment. 2. The Custodian of the Record for this 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 call vote: day of , 2006, by the following roll AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBER: COUNCILMEMBER: COUNCILMEMBER: COUNCILMEMBER: APPROVED: Jeanette Watson, Mayor ATTEST: Anne Bybee, City Clerk Attachment #2 ORDINANCE NO. BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING AN AMENDMENT OF THE LAND USE ELEMENT OF THE GENERAL PLAN (PLN2005-06) CHANGING THE LAND USE DESIGNATION ON PROPERTY OWNED BY KIRKORIAN ENTERPRISES, LLC, LOCATED AT 1859 BUCKNALL ROAD FROM NEIGHBORHOOD COMMERCIAL TO LOW-MEDIUM DENSITY RESIDENTIAL AND PROPERTY AT 145 FULTON STREET FROM MEDIUM DENSITY RESIDENTIAL TO LOW-MEDIUM DENSITY RESIDENTIAL. APPLICATION OF MR. MIKE MUSSANO, ON BEHALF OF WARD-YOUNG ARCHITECTURE AND PLANNING. FILE NO. PLN2005-06. The City Council of the City of Campbell does ordain as follows: SECTION ONE: That the Land Use Element of the General Plan 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. Mike Mussano, on behalf of Ward- Young Architecture and Planning, for property owned by Kirkorian Enterprises, LLC, located at 1859 Bucknall Road from Neighborhood Commercial to Low-Medium Density Residential and property at 145 Fulton Street from Medium Density Residential to Low-Medium Density Residential. 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 roll call vote: day of , 2006, by the following AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: APPROVED: Jeanette Watson, Mayor ATTEST: Anne Bybee, City Clerk Attachment #4 RESOLUTION NO. BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A PLANNED DEVELOPMENT PERMIT (PLN2005-89) TO ALLOW THE CONSTRUCTION OF EIGHT SMALL- LOT SINGLE-FAMILY RESIDENCES ON PROPERTY OWNED BY KIRKORIAN ENTERPRICES, LLC, LOCATED AT 1859 BUCKNALL ROAD AND 145 FULTON STREET IN A C-1-S (NEIGHBORHOOD COMMERCIAL) AND R-2-S (MULTIPLE FAMILY RESIDENTIAL) ZONING DISTRICT. APPLICATION OF MR. MIKE MUSSANO, ON BEHALF OF WARD-YOUNG ARCHITECTURE AND PLANNING. FILE NO. PLN2005-89. 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 PLN2005-89: 1. The development of the proposed project will result in a use that is consistent with proposed Low to Medium Density Residential General Plan land use designation. 2. The maximum density allowed under the General Plan is 13 units per gross acre. The proposed project results in a density of 9.3 units per gross acre. 3. Small lot single-family developments in the City are required to be located within a PD (Planned Development) Zoning District. The proposed project is consistent with the PD Zoning District with the approval of a Planned Development Permit. 4. The project plans illustrate the construction of 8 residential units and related parking, circulation and landscaping improvements. The proposed homes are two stories in height. 5. The project consists of a 17,901 square-foot building of building area, with a building coverage of 42%, landscaping coverage of 37% and paving coverage of 21 %. 6. The project has a Floor Area Ratio (FAR) of .68. 7. The project provides adequate parking through the provision of 31 parking spaces, equivalent to 3.8 spaces per unit. Provisions are included in the C, C & R's that require garage parking to remain available for parking. 8. Land uses surrounding the project site include four lexes to the north and the east, and single-family uses to the south and the west. 9. The proposed project provides a total of 9,636 square feet of open space, equivalent to an average of 1,204 square feet per unit. City Council Resolution PLN2005-89--1859 Bucknall Road & 145 Fulton Street - Planned Development Permit Page 2 10. The design of the buildings is compatible with other recently approved residential projects in the Low-Medium Density residential range and relates well with the surrounding neighborhood. Buildings are well articulated and utilize high quality building materials. 11. A Mitigated Negative Declaration has been prepared for this project concluding that there are no significant unmitigated impacts associated with this project, pursuant to the California Environmental Quality Act (CEQA). Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1. The proposed development will result in a more desirable environment and use of the land than would be possible under any other zoning classification. 2. The development will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 3. The proposed development will not result in allowing more residential units than would be allowed by other residential zoning districts which are consistent with the General Plan designation of the property. 4. The development will be compatible with the Zoning Code of the City. 5. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 6. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. 7. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 8. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. NOW, THEREFORE, BE IT RESOLVED that the City Council approves a Planned Development Permit (PLN2005-89) to allow the construction of eight small-lot single- family residences on property owned by Kirkorian Enterprises, LLC, located at 1859 Bucknall Road & 145 Fulton Street. 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, City Council Resolution PLN2005-89--1859 Bucknall Road & 145 Fulton Street - Planned Development Permit Page 3 ordinances, laws and regulations and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. COMMUNITY DEVELOPMENT DEPARTMENT Planning Division: 1. Approved Proiect: Approval is granted to construct an 8-unit residential development on properties located at 1859 Bucknall Road and 145 Fulton Street. The building design and site design shall substantially conform to the project exhibits listed below, except as may be modified by the conditions of approval herein: a. Project plans prepared by Ward Young Architect, dated October 7, 2005 and November 16, 2005, including a grading and drainage plan, site plan, floor plans, unit plans and building elevations consisting of 15 sheets. b. Color/material board submitted by Ward Young Architects. c. Conceptual Site Plan/Landscape Plan prepared by Ward Young Architects. d. Tentative Subdivision Map prepared by Kenneth Nelson, R.C.E., dated October 11, 2005. 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. 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 shared driveway(s), front yard landscaping, fencing and special paving. b. Continued architectural controls to ensure the architectural integrity of the project. c. Definition of common landscape areas to be maintained and provision of maintenance for these areas. d. A funding mechanism to ensure maintenance and upkeep of common landscape areas and shared access facilities. City Council Resolution PLN2005-89--1859 Bucknall Road & 145 Fulton Street - Planned Development Permit Page 4 e. On-going maintenance of the required front yard landscaping for the project. f. Requirement for the availability of garage space for the parking of venicles at all times. g. A prohibition on the use of parking spaces for storage purposes, including boats, trailers, and recreational vehicles. 5. 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 with the approved conceptual landscape plan and the City's Water Efficient Landscaping Standards (WELS) and shall include the following changes: a. All new street trees in front landscape areas and along the street shall be twenty- four inch box sizes. All other new trees shall be minimum 15 gallon. b. The applicant shall provide decorative pavement (e.g. pavers or brick) within driveway aprons. The design, materials and color to be used for the decorative pavement shall be reviewed and approved by the Community Development Director. 6. Buildinq Elevations. Details and Colors: The applicant shall submit detailed building elevations and exhibits depicting architectural details. Detailed elevations and exhibits shall be reviewed by and approved by the Community Development Director prior to the issuance of building permits. Project details include, but are not limited to, the following: a. Specifications for the colors and materials of the building and architectural details. b. Window schedules for high quality windows and window treatments. c. Details of porches and garage doors. 7. Parkinq and Drivewavs: All parking and driveway areas shall be developed in compliance with Chapter 21.28 of the Campbell Municipal Code and the approved project plans. 8. Fences: Any newly proposed fencing and/or walls shall comply with Section 21.18.050 of the Campbell Municipal Code and the approved site plan and shall be reviewed and approved by the Community Development Director prior to issuance of any building permits for the project. The fencing plan shall include the following: a. Details of the decorative picket fences; b. Details of wood fencing along the development perimeter and within the development. City Council Resolution PLN2005-89--1859 Bucknall Road & 145 Fulton Street - Planned Development Permit Page 5 9. Propertv Maintenance: The property is to be maintained free of any combustible trash, debris and weeds until the time that actual construction commences. All unoccupied existing structures shall be secured by having windows boarded up and doors sealed shut, or be demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). 10. Utilitv Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to issuance of building permits 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. A utility plan shall be submitted for review and approval of the Community Development Director, prior to the issuance of Building Permits. 11. Contractor Contact Information Postinq: 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 grading or building permits. 12. Park Impact Fee: A park impact fee, based on a density range of six to thirteen units per gross acre, is due upon development of the site. Credit shall be given for any legally existing residential to be demolished. Prior to recordation of the Parcel Map, 75% of this fee is due. The remaining 25% is due prior to issuance of a certificate of building occupancy. 13. On-site Iiqhtinq: On-site lighting shall be shielded away from adjacent properties and directed on site. The design and type of lighting fixtures, placement and lighting intensity of any proposed exterior lighting for the project shall be reviewed and approved by the Community Development Director prior to issuance of any building permits for the project. Lighting fixtures shall be of a decorative design and shall be compatible with the development and shall incorporate energy saving features. Low- intensity, downward-directed lighting shall be used in all outdoor areas within the project site. 14. Archaeoloqical Resources: If deposits of prehistoric or historical archaeological materials are encountered curing project construction activities, all work within 50 feet of the discovery shall be redirected and a qualified archaeologist shall be contacted to evaluate the discoveries and make recommendations regarding their potential significance and extent throughout the site. If such deposits cannot be avoided, they shall be evaluated for their California and National Register eligibility. If the deposits are not eligible, additional mitigation is not necessary. If the deposits are eligible, they shall be avoided or adverse project effects shall be mitigated. Upon completion of the archaeologist's evaluation, a report shall be prepared documenting the methods and results of the research, and recommendations for additional mitigation. The report should be submitted to the City of Campbell and the Northwest Information Center (NWIC) at Sonoma State University. City Council Resolution PLN2005-89--1859 Bucknall Road & 145 Fulton Street - Planned Development Permit Page 6 15. 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. 16. Paleontolooical Resources: If 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 paleontologist shall be contacted to evaluate the situation. A licensed 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. 17. Noise Mitiqation: General construction noise shall be limited to between the hours of 8:00 a.m. and 5:00 p.m. on Monday through Friday and between the hours of 9:00 a.m. and 4:00 p.m. on Saturday. No construction on Sundays. 18. Construction Mitioation Measures: The following practices should be followed during all phases of site preparation and construction activities: a. 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. b. All construction equipment with internal combustion engines used on the project site shall be properly muffled and maintained in good working condition. c. Unnecessary idling of internal combustion engines shall be strictly prohibited. d. All stationary noise-generating construction equipment, such as air compressors and portable power generators, shall be located as far as possible from noise- sensitive receptors such as existing residences and businesses. e. Prior to the issuance of building permits, the project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street so that the contractor can be made aware of noise complaints. f. Construction equipment, vehicles, and workers associated with the development of the project shall not be permitted to park on any residential streets. City Council Resolution PLN2005-89--1859 Bucknall Road & 145 Fulton Street - Planned Development Permit Page 7 g. The "Basic Measures" and the "Enhanced Measures" listed in Table 1 from BAAQMD CEQA Guidelines, 1999, shall be incorporated into the construction plans and implemented for the proposed project. The "Optional Measures" listed below shall also be incorporated. The City shall review the construction plans to ensure these measures have been incorporated: h. Install wheel washers for all existing trucks, or wash off all trucks and equipment prior to leaving the site; i. Suspend excavation and grading activity when winds exceed 25 miles per hour; and j. Limit the area subject to excavation, grading and other construction activity to 2 acres at anyone time. Building Division: 19. Permits Reauired: A building permit application shall be required for each proposed new dwelling structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 20. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 21. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 inches by 36 inches. 22. 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. 23. Soils Report: Two copies of a current soils report, prepared to the satisfaction of the Building Official, containing foundation and retaining wall design recommendations shall be submitted with the building permit application. This report shall be prepared by a licensed engineer specializing in soils mechanics. 24. 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. 25. 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; City Council Resolution PLN2005-89--1859 Bucknall Road & 145 Fulton Street - Planned Development Permit Page 8 a. Pad elevation b. Finish floor elevation (first floor) c. Foundation corner locations 26. Title 24 Enerqy Compliance: California Title 24 Energy Compliance forms CF-1 R and MF-1 R shall be blue lined on the construction plans. 8 % x 11 calculations shall also be submitted. 27. Special Inspections; When a special inspection is required by UBC Section 1701, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permits, in accordance with UBC Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 28. Santa Clara Valley Non-Point Source Pollution Control Proqram; The City of Campbell standard Santa Clara Valley Non-Point Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet (size 24 inches by 36 inches) is available at the Building Division service counter. 29. Approvals Required; The project requires the following agency approval prior to issuance of the building permit: a. West Valley Sanitation District (378-2407) b. Santa Clara County Fire Department (378-4010) c. School District:* i. Campbell Union School District (378-3405) ii. Campbell Union High School District (371-0960) iii. Moreland School District (379-1370) iv. Cambrian School District (377-2103) *Note: To determine your district, contact the offices identified above. Obtain the school District payment form from the City Building Division, after the Division has approved the building permit application. d. Bay Area Air Quality Management District (Demolitions only) (415-771-6000) 30. PG&E: Applicant is advised to contact Pacific Gas & Electric Company as early as possible in the approval process. Service installations, changes and/or relocation may require substantial scheduling time and can cause significant delays in the approval process. Applicant should also consult with PG&E concerning utility easements, distribution pole locations and required conductor clearances. 31. Construction Fencing; This project shall be properly enclosed with construction fencing to prevent unauthorized access to the site during construction. The construction site shall be secured to prevent vandalism and/or theft during hours City Council Resolution PLN2005-89--1859 Bucknall Road & 145 Fulton Street - Planned Development Permit Page 9 when no work is being done. All protected trees shall be fenced to prevent damage to root systems as per condition No.5 of this approval. FIRE DEPARTMENT 32. Required Fire Flow: The fire flow for this project is 1000 gpm at 20 psi residual pressure. The required fire flow is available from area water mains and fire hydrant(s) which are spaced at the required spacing. 33. Fire Apparatus (Enqine) Access Roads Required; Provide an access driveway (Lots 5,6,and 7) with a paved all weather surface, a minimum unobstructed width of 12 feet, vertical clearance of 13 feet, 6 inches. Installations shall conform to Fire Department Standard Details and Specifications Sheet D-1. 34. Timinq of Required Roadwav Installations: Required access roads, up through first lift of asphalt, shall be installed and accepted by the Fire Department prior to the start of combustible construction. During construction, emergency access roads shall be maintained clear and unimpeded. Note that building permit issuance may be withheld until installations are completed. Temporary access roads may be approved on a case by case basis. 35. Premises Identification: Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background. PUBLIC WORKS 36. Final Map: Prior to issuance of any grading or building permits for the project, the applicant shall submit a final map for review by the City and recordation, upon approval by the City Council and submit the map in a digital format acceptable to the City. 37. Preliminary Title Report: Upon submittal of the tentative map, the applicant shall provide a current Preliminary Title Report. 38. 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. 39. Monumentation for Final Map: Prior to recordation of the final map, the applicant shall provide a cash deposit for setting all monuments shown on the map. Monuments shall be set per section 20.76.010 of the Campbell Municipal Code. 40. Street Improvements: Prior to recordation of the final map, the applicant shall execute a street improvement agreement, cause plans for public street City Council Resolution PLN2005-89--1859 Bucknall Road & 145 Fulton Street - Planned Development Permit Page 10 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: 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 driveway approach and necessary sidewalk, curb and gutter as required by the Engineer. d. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway approaches and curb ramps on Bucknall Road and Fulton Street as necessary. e. Installation of street trees and irrigation at 30 feet on center along Bucknall Road and Fulton Street. f. Installation of City standard benchmark. g. Installation of monument wells. h. Installation of streetlights, conduits, conductors and related facilities in accordance with the City of Campbell's Street Lighting Policies along Bucknall Road, and Fulton Street. i. Installation of traffic control, stripes and signs as necessary. j. Construction of conforms to existing public and private improvements, as necessary. k. Permits will be required from the City of San Jose and Santa Clara Valley Water District for utility, sanitary sewer and storm sewer connections including trench restoration on Bucknall Road. Note that the proposed sanitary and storm connections on Bucknall Road is in San Jose jurisdiction and may also be in conflict with the 20" SCVWD central pipeline. It shall be the owner's responsibility in obtaining and complying with the requirements of these permits. 41. Occupancv: Prior to allowing occupancy for any and/or all buildings, the applicant shall have the required street improvements installed and accepted by the City. 42. Maintenance of Landscapino: 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. 43. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer cleanout(s) shall be relocated or installed on private property behind the public right-of-way line. City Council Resolution PLN2005-89--1859 Bucknall Road & 145 Fulton Street - Planned Development Permit Page 11 44. 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. 45. Utilities: All on-site utilities shall be installed underground per Section 21.18.140 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. 46. Utilitv Coordination Plan: Prior to issuance of building permits for the site, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities. The plan shall clearly show the location and size of all existing utilities and the associated main lines; indicate which utilities and services are to remain; which utilities and services are to be abandoned, and where new utilities and services will be installed. Joint trenches for new utilities shall be used whenever possible. 47. 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. Bucknall Road or Fulton Avenue 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. 48. Gradina and Drainaae 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. A grading and drainage certificate prepared by the licensed civil engineer or land surveyor shall be submitted to the City Engineer upon project completion. This certificate shall certify that final grading is in compliance with the approved grading and drainage plan. 49. Storm Drain Area Fee: Prior to recordation of the final map, the applicant shall pay the required Storm Drain Area fee of $2,385.00 per net acre, which is $1,531.00. 50.Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding stormwater pollution ....... City Council Resolution PLN2005-89--1859 BucknaIJ Road & 145 Fulton Street - Planned Development Permit Page 12 prevention. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay. Resources to achieve these objectives include Storm water Best Management Practices Handbook for New Development and Redevelopment ("CA BMP Handbook") by the California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for Storm water Quality Protection ("Start at the Source") by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for Stormwater Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. 51. Demolition: Prior to recording of the final map the applicant shall obtain a demolition permit and remove any nonconforming structures. PASSED AND ADOPTED this call vote: day of , 2006, by the following roll AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBER: COUNCILMEMBER: COUNCILMEMBER: COUNCILMEMBER: APPROVED: Jeanette Watson, Mayor ATTEST: Anne Bybee, City ClerK Attachment #5 RESOLUTION NO. BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A TENTATIVE SUBDIVISION MAP (PLN2005- 90) TO CREATE EIGHT RESIDENTIAL LOTS ON PROPERTY OWNED BY KIRKORIAN ENTERPRISES LLC LOCATED AT 1859 BUCKMAN ROAD AND 145 FULTON STREET IN A C-1-S (NEIGHBORHOOD COMMERCIAL) AND R-2-S (MULTIPLE FAMILY RESIDENTIAL) ZONING DISTRICTS. APPLICATION OF MR. MIKE MUSSANO, ON BEHALF OF WARD-YOUNG ARCHITECTURE AND PLANNING. FILE NO.: PLN2005-90. 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 PLN2005-90: 1. The proposed creation of 8 lots at a density of 9.3 units per gross acre is consistent with the Low-Medium Density Residential (6-13 units per gross acre) General Plan land use designation for the property. 2. The proposed Tentative Subdivision Map is consistent with the Planned Development Zoning Ordinance. 3. The provisions of the Covenants, Conditions and Restrictions are necessary to ensure the long-term maintenance of the common driveway, architectural integrity and landscaping quality. 4. The Tentative Subdivision Map has been distributed to local agencies, including Pacific Gas and Electric, West Valley Sanitation District, Santa Clara Valley Transportation Authority and the Santa Clara Valley Water District. None of these agencies raised any concerns about providing services to the proposed lots. 5. The proposed project, to the extent feasible, includes provisions for access to natural air and light for all of the units. 6. The provisions of the Covenants, Conditions and Restrictions are necessary to ensure the long-term property maintenance and continued architectural integrity of 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 upon the foregoing findings of fact, the City Council further finds and concludes that: City Council Resolution PLN2005-90 - 1859 Bucknall Road & 145 Fulton Street -- Tentative Subdivision Page 2 1. The proposed Tentative Subdivision Map is consistent with the General Plan and Zoning Ordinance of the City. 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 (PLN2005-90) to allow the creation of eight lots on property owned by Kirkorian Enterprises LLC located at 1859 Bucknall Road & 145 Fulton Street in a C- 1-S (Neighborhood Commercial) and R-2-S (Multiple Family Residential) 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 for a Tentative Subdivision Map to create 8 residential lots on properties located at 1859 Bucknall Road & 145 Fulton Street. The site design and subdivision design shall substantially conform to the project exhibits listed below, except as may be modified by the conditions of approval herein: City Council Resolution PLN2005-90 - 1859 Bucknall Road & 145 Fulton Street -- Tentative Subdivision Page 3 a. Tentative Subdivision Map prepared by Kenneth Nelson, RCE and Lester Ikegami, RCE, dated October 10 & 11, 2005, including a plot plan, preliminary grading and drainage plan. b. The proposed Tentative Subdivision Map shall delineate a landscape easement along the street frontage of the project and along driveways where 3 foot picket fences are shown. 2. Approval Expiration: The Tentative Subdivision Map approval is valid for a period of two years from the date of final approval, unless an extension is granted prior to the expiration date. 3. Planned Development Permit Approval: Valid 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. 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 landscaping, fences, driveways and special paving. b. Continued architectural controls to ensure the architectural integrity of the project. c. Definition of common landscape and driveway areas to be maintained and provisions for maintenance of these areas. d. A funding mechanism to ensure maintenance and upkeep of common landscape and shared driveway(s), fencing and special paving. e. On-going maintenance of the required front yard landscaping, fencing and special paving for the project. f. Requirement for the availability of garage space for the parking of vehicles at all times. g. A prohibition on the use of parking spaces for storage purposes, including boats, trailers, and recreational vehicles. PUBLIC WORKS 5. 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 ,- City Council Resolution PLN2005-90 - 1859 Bucknall Road & 145 Fulton Street -- Tentative Subdivision Page 4 approval by the City Council and submit the map in a digital format acceptable to the City. 6. Preliminary Title Report: Upon submittal of the tentative map, the applicant shall provide a current Preliminary Title Report. 7. 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. 8. Monumentation for Final Map: Prior to recordation of the final map, the applicant shall provide a cash deposit for setting all monuments shown on the map. Monuments shall be set per section 20.76.010 of the Campbell Municipal Code. 9. 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: 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 driveway approach and necessary sidewalk, curb and gutter as required by the Engineer. d. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway approaches and curb ramps on Bucknall Road and Fulton Street as necessary. e. Installation of street trees and irrigation at 30 feet on center along Bucknall Road and Fulton Street. f. Installation of City standard benchmark. g. Installation of monument wells. . h. Installation of streetlights, conduits, conductors and related facilities in accordance with the City of Campbell's Street Lighting Policies along Bucknall Road, and Fulton Street. i. Installation of traffic control, stripes and signs as necessary. j. Construction of conforms to existing public and private improvements, as necessary. k. Permits will be required from the City of San Jose and Santa Clara Valley Water District for utility, sanitary sewer and storm sewer connections including trench restoration on Bucknall Road. Note that the proposed sanitary and storm connections on Bucknall Road is in San Jose jurisdiction and may also be in conflict with the 20" SCVWD central pipeline. It shall be the owner's responsibility in obtaining and complying with the requirements of these permits. ~- City Council Resolution PLN2005-90 - 1859 Bucknall Road & 145 Fulton Street -- Tentative Subdivision Page 5 10. 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. 11. Maintenance of Landscapino: 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. 12. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer c1eanout(s) shall be relocated or installed on private property behind the public right-of-way line. 13. 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. 14. Utilities: All on-site utilities shall be installed underground per Section 21.18.140 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. 15. Utilitv Coordination Plan: Prior to issuance of building permits for the site, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities. The plan shall clearly show the location and size of all existing utilities and the associated main lines; indicate which utilities and services are to remain; which utilities and services are to be abandoned, and where new utilities and services will be installed. Joint trenches for new utilities shall be used whenever possible. 16. 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. Bucknall Road or Fulton Avenue 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. 17. Gradino and Drainaoe 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. City Council Resolution PLN2005-90 - 1859 BucknaU Road & 145 Fulton Street -- Tentative Subdivision Page 6 A grading and drainage certificate prepared by the licensed civil engineer or land surveyor shall be submitted to the City Engineer upon project completion. This certificate shall certify that final grading is in compliance with the approved grading and drainage plan. 18. Storm Drain Area Fee: Prior to recordation of the final map, the applicant shall pay the required Storm Drain Area fee of $2,385.00 per net acre, which is $1,531.00. 19. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding stormwater pollution prevention. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay. Resources to achieve these objectives include Storm water Best Management Practices Handbook for New Development and Redevelopment ("CA BMP Handbook") by the California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for Storm water Quality Protection ("Start at the Source") by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for Stormwater Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. 20. Demolition: Prior to recording of the final map the applicant shall obtain a demolition permit and remove any nonconforming structures. PASSED AND ADOPTED this call vote: day of , 2006, by the following roll AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBER: COUNCILMEMBER: COUNCILMEMBER: COUNCILMEMBER: APPROVED: Jeanette Watson, Mayor ATTEST: Anne Bybee, City Clerk Attachment #6 RESOLUTION NO. 3692 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING THE ADOPTION OF A MITIGATED NEGATIVE DECLARATION FOR A RESIDENTIAL DEVELOPMENT PROJECT LOCATED AT 1859 BUCKNALL ROAD AND 145 FULTON STREET. 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. The Planning Commission finds as follows with regard to the Mitigated Negative Declaration: 1. An Initial Study has been prepared for this Project, which provides documentation for the factual basis for concluding that a Mitigated Negative Declaration may be adopted since no substantial evidence exists, in light of the whole record, that the project may have a significant effect on the environment. The project consists of the development of eight detached small lot single-family residences, and related circulation and landscaping improvements. 2. A Trip Generation Analysis was prepared to evaluate the potential traffic impacts of the project and found that the proposed project will not cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system. Given the minor number of projected trips, the project will not exceed, either individually or cumulatively, a level of service standard established by the Congestion Management Program for designated roads or highways. 3. A Mitigated Negative Declaration that describes the reasons that the Eight Unit Housing Project will not have a significant effect on the environment and therefore does not require the preparation of an Environmental Impact Report was prepared pursuant to Section 15071 of the California Environmental Quality Act Guidelines. 4. There are no responsible agencies or trustee agencies responsible for resources affected by this project. 5. 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. 6. The City of Campbell provided a 20-day public review period of the Mitigated Negative Declaration pursuant to Section 15073 of the California Environmental Quality Act Guidelines. The 20-day public review period for the draft Mitigated Negative Declaration was between November 9, 2005 and November 29,2005. No comments were received. ..- Planning Commission Resolution No. 3692 Recommending the Adoption of a Mitigated Negative Declaration 1850 Bucknall Road & 145 Fulton Street Page 2 7. The mitigation measures address potential short-term air quality impacts associated with construction, paleontological or archaeological resources that might be encountered during project construction, strong seismic ground shaking associated with potential geologic conditions, and potential noise impacts during and project construction. The mitigation measures are included as Conditions of Approval of the Planned Development Permit and Tentative Subdivision Map. 8. The Planning Commission hereby finds and determines that the Mitigated Negative Declaration reflects the independent judgment 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. 2. The Custodian of the Record for this 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 13th day of December, 2005, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Alderete, Doorley, Ebner, Francois and Roseberry Gibbons and Rocha None None APPROVED: Elizabeth Gibbons, Chair ATTEST: Sharon Fierro, Secretary - RESOLUTION NO 3693 BEING A RESOLUTION OF THE CITY OF CAMPBELL PLANNING COMMISSION RECOMMENDING AN AMENDMENT OF THE LAND USE ELEMENT OF THE GENERAL PLAN (PLN2005-06) CHANGING THE LAND USE DESIGNATION ON PROPERTY OWNED KIRKORIAN ENTERPRISES, LLC, LOCATED AT 1859 BUCKNALL ROAD FROM NEIGHBORHOOD COMMERCIAL TO LOW-MEDIUM DENSITY RESIDENTIAL AND PROPOERTY AT 145 FULTON STREET FROM MEDIUM DENSITY RESIDENTIAL TO LOW-MEDIUM DENSITY RESIDENTIAL. APPLICATION OF MR. MIKE MUSSANO, ON BEHALF OF WARD-YOUNG ARCHITECTURE AND PLANNING. FILE NO. PLN2005-06. After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission finds as follows with respect to application PLN2005-06: 1. This proposed General Plan Amendment covers a .85 gross acre area and is located on the northwest corner of Bucknall Road and Fulton Street. The proposed land use change will allow the development of this lot as a transition between adjacent residential development. 2. The proposed land use designation of Low-Medium Density Residential (6-13 units per gross acre) establishes a desirable land use pattern in this neighborhood. 3. The requested land use designation change would establish a land use designation that acts as a transition with land use designation of surrounding properties to the west, south and north of the project site. 4. The proposed land use amendment is consistent with other General Plan Elements as follows: 5. The residential designation allows the creation of additional housing opportunities and furthers the objectives of the Housing Element by diversifying available housing opportunities. 6. The intensity of development is supported by the existing circulation system and is consistent with the Circulation Element. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: -- Planning Commission Resolution No. 3693 PLN2005-06 - 1859 Bucknall Road & 145 Fulton Street - General Plan Amendment Page 2 1. The proposed development will result in a more desirable environment and use of the land than would be possible under any other General Plan Land Use Designation. 2. The development will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 3. The proposed General Plan Land Use Designation change will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 4. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. 5. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 6. 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. Passed and adopted this 13th day of December, 2005, by the following roll call vote: AYES: COMMISSIONERS: Alderete, Doorley, Ebner, Francois and Roseberry NOES: COMMISSIONERS: Gibbons and Rocha ABSENT: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None APPROVED BY: Elizabeth Gibbons, Chair ATTEST: Sharon Fierro, Secretary RESOLUTION NO. 3694 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMMENDING APPROVAL OF A ZONING CLASSIFICATION CHANGE (PLN2005-88) FROM R-2-S (MULTIPLE FAMILY RESIDENTIAL) TO P-D (PLANNED DEVELOPMENT FOR PROPERTY LOCATED AT 145 FULTON STREET AND FROM C-1-S (NEIGHBORHOOD COMMERCIAL) TO P-D (PLANNED DEVELOPMENT) FOR PROPRETY LOCATED AT 1859 BUCKNALL ROAD OWNED BY KIRKORIAN ENTERPRISES, LLC. APPLICATION OF MR. MIKE MUSSANO, ON BEHALF OF WARD-YOUNG ARCHITECTURE AND PLANNING. FILE NO.: PLN2005-88. After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application PLN2005-88: 1. The project site to be rezoned is a .61 acres and is located on the northwest corner of Bucknall Road. and Fulton Street. 2. The proposed P-D (Planned Development) zoning classification is consistent with the proposed General Plan Land Use Designation of Low-Medium Density Residential, (6-13 units per gross acre) proposed for the project site. 3. The proposed zoning classification change is compatible with classification of surrounding properties of the project site. 4. The proposed zoning is consistent with the Land Use Element of the General Plan. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed zoning classification will result in a more desirable environment and use of the land than would be possible under other zoning classifications. 2. The development and uses will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 3. The proposed development will not result in allowing more residential units than would be allowed by other residential zoning districts which are consistent with the recommended General Plan land use designation of the property. 4. The proposed zoning classification change will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. Planning Commission Resolution No. 3694 PLN2005-88 -- 1859 Bucknall Road & 145 Fulton Street Avenue -- Zone Changes Page 2 5. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required Conditions of Approval, will have a significant adverse impact on the environment. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval of a Zoning Classification Change (PLN2005-88) from R-2-S (Multiple Family Residential) to P-D (Planned Development) for property located at 145 Fulton Street and from C-1-S (Neighborhood Commercial) to P-D (Planned Development for property located at 1859 Bucknall Road owned by Kirkorian Enterprises, LLC. PASSED AND ADOPTED this 13th day of December, 2005, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Alderete, Doorley, Ebner, Francois and Roseberry Gibbons and Rocha None None APPROVED: Elizabeth Gibbons, Chair ATTEST: Sharon Fierro, Secretary RESOLUTION NO. 3695 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A PLANNED DEVELOPMENT PERMIT (PLN2005-89) TO ALLOW THE CONSTRUCTION OF EIGHT SMALL-LOT SINGLE-FAMILY RESIDENCES ON PROPERTY OWNED BY KIRKORIAN ENTERPRICES, LLC, LOCATED AT 1859 BUCKNALL ROAD AND 145 FULTON STREET IN A C-1-S (NEIGHBORHOOD COMMERCIAL) AND R-2-S (MULTIPLE FAMILY RESIDENTIAL) ZONING DISTRICT. APPLICATION OF MR. MIKE MUSSANO, ON BEHALF OF WARD- YOUNG ARCHITECTURE AND PLANNING. FILE NO. PLN2005-89. After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application PLN2005-89: 1. The development of the proposed project will result in a use that is consistent with proposed Low to Medium Density Residential General Plan land use designation. 2. The maximum density allowed under the General Plan is 13 units per gross acre. The proposed project results in a density of 9.3 units per gross acre. 3. Small lot single-family developments in the City are required to be located within a PD (Planned Development) Zoning District. The proposed project is consistent with the PD Zoning District with the approval of a Planned Development Permit. 4. The project plans illustrate the construction of 8 residential units and related parking, circulation and landscaping improvements. The proposed homes are two stories in height. 5. The project consists of a 17,901 square-foot building of building area, with a building coverage of 42%, landscaping coverage of 37% and paving coverage of 21 %. 6. The project has a Floor Area Ratio (FAR) of .68. 7. The project provides adequate parking through the provision of 31 parking spaces, equivalent to 3.8 spaces per unit. Provisions are included in the C, C & R's that require garage parking to remain available for parking. 8. Land uses surrounding the project site include four lexes to the north and the east, and single-family uses to the south and the west. 9. The proposed project provides a total of 9,636 square feet of open space, equivalent to an average of 1,204 square feet per unit. Planning Commission Resolution No. 3695 PLN2005-89 - 1859 Bucknall Road & 145 Fulton Street Recommending Approval of a Planned Development Permit Page 2 10. The design of the buildings is compatible with other recently approved residential projects in the Low-Medium Density residential range and relates well with the surrounding neighborhood. Buildings are well articulated and utilize high quality building materials. 11. A Mitigated Negative Declaration has been prepared for this project concluding that there are no significant unmitigated impacts associated with this project, pursuant to the California Environmental Quality Act (CEQA). Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed development will result in a more desirable environment and use of the land than would be possible under any other zoning classification. 2. The development will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 3. The proposed development will not result in allowing more residential units than would be allowed by other residential zoning districts which are consistent with the General Plan designation of the property. 4. The development will be compatible with the Zoning Code of the City. 5. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 6. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. 7. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 8. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval of a Planned Development Permit (PLN2005-79) to allow the construction of eight small-lot single-family residences on property owned by Kirkorian Enterprises, LLC, subject to the following conditions: / Planning Commission Resolution No. 3695 PLN2005-89 - 1859 Bucknall Road & 145 Fulton Street Recommending Approval of a Planned Development Permit Page 3 Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. COMMUNITY DEVELOPMENT DEPARTMENT Planning Division: 1. Approved Proiect: Approval is granted to construct an 8-unit residential development on properties located at 1859 Bucknall Rd. and 145 Fulton Avenue. The building design and site design shall substantially conform to the project exhibits listed below, except as may be modified by the conditions of approval herein: a. Project plans prepared by Ward Young Architect, dated October 7, 2005 and November 16, 2005, including a grading and drainage plan, site plan, floor plans, unit plans and building elevations consisting of 15 sheets. b. Color/material board submitted by Ward Young Architects. c. Conceptual Site Plan/Landscape Plan prepared by Ward Young Architects. d. Tentative Subdivision Map prepared by Kenneth Nelson, R.C.E., dated October 11, 2005. 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. 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 shared driveway(s), front yard landscaping and fencing. Planning Commission Resolution No. 3695 PLN2005-89 - 1859 Bucknall Road & 145 Fulton Street Recommending Approval of a Planned Development Permit Page 4 b. Continued architectural controls to ensure the architectural integrity of the project. c. Definition of common landscape areas to be maintained and provision of maintenance for these areas. d. A funding mechanism to ensure maintenance and upkeep of common landscape areas and shared access facilities. e. On-going maintenance of the required front yard landscaping for the project. f. Requirement for the availability of garage space for the parking of vehicles at all times. g. A prohibition on the use of parking spaces for storage purposes, including boats, trailers, and recreational vehicles. 5. 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 with the approved conceptual landscape plan and the City's Water Efficient Landscaping Standards (WELS) and shall include the following changes: a. All new street trees in front landscape areas and along the street shall be twenty- four inch box sizes. All other new trees shall be minimum 15 gallon. b. The applicant shall provide decorative pavement (e.g. pavers or brick) within driveway aprons. The design, materials and color to be used for the decorative pavement shall be reviewed and approved by the Community Development Director. 6. Buildina Elevations. Details and Colors: The applicant shall submit detailed building elevations and exhibits depicting architectural details. Detailed elevations and exhibits shall be reviewed by and approved by the Community Development Director prior to the issuance of building permits. Project details include, but are not limited to, the following: a. Specifications for the colors and materials of the building and architectural details. b. Window schedules for high quality windows and window treatments. c. Details of porches and garage doors. 7. Parkina and Drivewavs: All parking and driveway areas shall be developed in compliance with Chapter 21.28 of the Campbell Municipal Code and the approved project plans. .- Planning Commission Resolution No. 3695 PLN2005-89 - 1859 Bucknall Road & 145 Fulton Street Recommending Approval of a Planned Development Permit Page 5 8. Fences: Any newly proposed fencing and/or walls shall comply with Section 21.18.050 of the Campbell Municipal Code and the approved site plan and shall be reviewed and approved by the Community Development Director prior to issuance of any building permits for the project. The fencing plan shall include the following: a. Details of the decorative picket fences; b. Details of wood fencing along the development perimeter and within the development. 9. Property Maintenance: The property is to be maintained free of any combustible trash, debris and weeds until the time that actual construction commences. All unoccupied existing structures shall be secured by having windows boarded up and doors sealed shut, or be demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). 10. Utility Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to issuance of building permits 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. A utility plan shall be submitted for review and approval of the Community Development Director, prior to the issuance of Building Permits. 11. Contractor Contact Information Postinq: 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 grading or building permits. 12. Park Impact Fee: A park impact fee, based on a density range of six to thirteen units per gross acre, is due upon development of the site. Credit shall be given for any legally existing residential to be demolished. Prior to recordation of the Parcel Map, 75% of this fee is due. The remaining 25% is due prior to issuance of a certificate of building occupancy. 13. On-site Iiqhtinq: On-site lighting shall be shielded away from adjacent properties and directed on site. The design and type of lighting fixtures, placement and lighting intensity of any proposed exterior lighting for the project shall be reviewed and approved by the Community Development Director prior to issuance of any building permits for the project. Lighting fixtures shall be of a decorative design and shall be compatible with the development and shall incorporate energy saving features. Low- intensity, downward-directed lighting shall be used in all outdoor areas within the project site. 14. ArchaeoloQical Resources: If deposits of prehistoric or historical archaeological materials are encountered curing project construction activities, all work within 50 Planning Commission Resolution No. 3695 PLN2005-89 - 1859 Bucknall Road & 145 Fulton Street Recommending Approval of a Planned Development Permit Page 6 feet of the discovery shall be redirected and a qualified archaeologist shall be contacted to evaluate the discoveries and make recommendations regarding their potential significance and extent throughout the site. If such deposits cannot be avoided, they shall be evaluated for their California and National Register eligibility. If the deposits are not eligible, additional mitigation is not necessary. If the deposits are eligible, they shall be avoided or adverse project effects shall be mitigated. Upon completion of the archaeologist's evaluation, a report shall be prepared documenting the methods and results of the research, and recommendations for additional mitigation. The report should be submitted to the City of Campbell and the Northwest Information Center (NWIC) at Sonoma State University. 15. Human Burial or Skeletal Element Discoverv: 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. 16. Paleontoloqical Resources: If 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 paleontologist shall be contacted to evaluate the situation. A licensed 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. 17. Noise Mitiqation: General construction noise shall be limited to between the hours of 8:00 a.m. and 5:00 p.m. on Monday through Friday and between the hours of 9:00 a.m. and 4:00 p.m. on Saturday. No construction on Sundays. 18. Construction Mitiaation Measures: The following practices should be followed during all phases of site preparation and construction activities: a. 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. Planning Commission Resolution No. 3695 PLN2005-89 - 1859 Bucknall Road & 145 Fulton Street Recommending Approval of a Planned Development Permit Page 7 b. All construction equipment with internal combustion engines used on the project site shall be properly muffled and maintained in good working condition. c. Unnecessary idling of internal combustion engines shall be strictly prohibited. d. All stationary noise-generating construction equipment, such as air compressors and portable power generators, shall be located as far as possible from noise- sensitive receptors such as existing residences and businesses. e. Prior to the issuance of building permits, the project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street so that the contractor can be made aware of noise complaints. f. Construction equipment, vehicles, and workers associated with the development of the project shall not be permitted to park on any residential streets. g. The "Basic Measures" and the "Enhanced Measures" listed in Table 1 from BAAQMD CEQA Guidelines, 1999, shall be incorporated into the construction plans and implemented for the proposed project. The "Optional Measures" listed below shall also be incorporated. The City shall review the construction plans to ensure these measures have been incorporated: h. Install wheel washers for all existing trucks, or wash off all trucks and equipment prior to leaving the site; i. Suspend excavation and grading activity when winds exceed 25 miles per hour; and j. Limit the area subject to excavation, grading and other construction activity to 2 acres at anyone time. Building Division: 19. Permits Required: A building permit application shall be required for each proposed new dwelling structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 20. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 21. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 inches by 36 inches. 22. 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. Planning Commission Resolution No. 3695 PLN2005-89 - 1859 Bucknall Road & 145 Fulton Street Recommending Approval of a Planned Development Permit Page 8 23. Soils Report: Two copies of a current soils report, prepared to the satisfaction of the Building Official, containing foundation and retaining wall design recommendations shall be submitted with the building permit application. This report shall be prepared by a licensed engineer specializing in soils mechanics. 24. 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. 25. Foundation Inspections: A pad certificate prepared by a licensed civil engineer or land surveyor shall be submitted to the project building inspector upon foundation inspection. This certificate shall certify compliance with the recommendations as specified in the soils report and the building pad elevation and on-site retaining wall locations and elevations are prepared according to approved plans. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer for the following items; a. Pad elevation b. Finish floor elevation (first floor) c. Foundation corner locations 26. Title 24 EnerQY Compliance: California Title 24 Energy Compliance forms CF-1 R and MF-1 R shall be blue lined on the construction plans. 8 % x 11 calculations shall also be submitted. 27. Special Inspections; When a special inspection is required by UBC Section 1701, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permits, in accordance with UBC Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 28. Santa Clara Valley Non-Point Source Pollution Control Proqram; The City of Campbell standard Santa Clara Valley Non-Point Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet (size 24 inches by 36 inches) is available at the Building Division service counter. 29. Approvals Required; The project requires the following agency approval prior to issuance of the building permit: a. West Valley Sanitation District (378-2407) b. Santa Clara County Fire Department (378-4010) c. School District:* i. Campbell Union School District (378-3405) Planning Commission Resolution No. 3695 PLN2005-89 - 1859 Bucknall Road & 145 Fulton Street Recommending Approval of a Planned Development Permit Page 9 ii. Campbell Union High School District (371-0960) iii. Moreland School District (379-1370) iv. Cambrian School District (377-2103) *Note: To determine your district, contact the offices identified above. Obtain the school District payment form from the City Building Division, after the Division has approved the building permit application. d. Bay Area Air Quality Management District (Demolitions only) (415-771-6000) 30. PG&E: Applicant is advised to contact Pacific Gas & Electric Company as early as possible in the approval process. Service installations, changes and/or relocation may require substantial scheduling time and can cause significant delays in the approval process. Applicant should also consult with PG&E concerning utility easements, distribution pole locations and required conductor clearances. 31. Construction Fencinq; This project shall be properly enclosed with construction fencing to prevent unauthorized access to the site during construction. The construction site shall be secured to prevent vandalism and/or theft during hours when no work is being done. All protected trees shall be fenced to prevent damage to root systems as per condition No.5 of this approval. FIRE DEPARTMENT 32. Required Fire Flow: The fire flow for this project is 1000 gpm at 20 psi residual pressure. The required fire flow is available from area water mains and fire hydrant(s) which are spaced at the required spacing. 33. Fire Apparatus (Enqine) Access Roads Required; Provide an access driveway (Lots 5,6,and 7) with a paved all weather surface, a minimum unobstructed width of 12 feet, vertical clearance of 13 feet, 6 inches. Installations shall conform to Fire Department Standard Details and Specifications Sheet D-1. 34. Timinq of Required Roadway Installations: Required access roads, up through first lift of asphalt, shall be installed and accepted by the Fire Department prior to the start of combustible construction. During construction, emergency access roads shall be maintained clear and unimpeded. Note that building permit issuance may be withheld until installations are completed. Temporary access roads may be approved on a case by case basis. 35. Premises Identification: Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background. ~- Planning Commission Resolution No. 3695 PLN2005-89 - 1859 Bucknall Road & 145 Fulton Street Recommending Approval of a Planned Development Permit Page 10 PUBLIC WORKS 36. Final Map: Prior to issuance of any grading or building permits for the project, the applicant shall submit a final map for review by the City and recordation, upon approval by the City Council and submit the map in a digital format acceptable to the City. 37. Preliminary Title Report: Upon submittal of the tentative map, the applicant shall provide a current Preliminary Title Report. 38. 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. 39. Monumentation for Final Map: Prior to recordation of the final map, the applicant shall provide a cash deposit for setting all monuments shown on the map. Monuments shall be set per section 20.76.010 of the Campbell Municipal Code. 40. 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: 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 driveway approach and necessary sidewalk, curb and gutter as required by the Engineer. d. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway approaches and curb ramps on Bucknall Road and Fulton Street as necessary. e. Installation of street trees and irrigation at 30 feet on center along Bucknall Road and Fulton Street. f. Installation of City standard benchmark. g. Installation of monument wells. h. Installation of streetlights, conduits, conductors and related facilities in accordance with the City of Campbell's Street Lighting Policies along Bucknall Road, and Fulton Street. i. Installation of traffic control, stripes and signs as necessary. Planning Commission Resolution No. 3695 PLN2005-89 - 1859 Bucknall Road & 145 Fulton Street Recommending Approval of a Planned Development Permit Page 11 j. Construction of conforms to existing public and private improvements, as necessary. k. Permits will be required from the City of San Jose and Santa Clara Valley Water District for utility, sanitary sewer and storm sewer connections including trench restoration on Bucknall Road. Note that the proposed sanitary and storm connections on Bucknall Road is in San Jose jurisdiction and may also be in conflict with the 20" SCVWD central pipeline. It shall be the owner's responsibility in obtaining and complying with the requirements of these permits. 41. 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. 42. Maintenance of Landscapinq: 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. 43. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer cleanout(s) shall be relocated or installed on private property behind the public right-of-way line. 44. 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. 45. Utilities: All on-site utilities shall be installed underground per Section 21.18.140 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. 46. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities. The plan shall clearly show the location and size of all existing utilities and the associated main lines; indicate which utilities and services are to remain; which utilities and services are to be abandoned, and where new utilities and services will be installed. Joint trenches for new utilities shall be used whenever possible. 47. 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. Bucknall Road or Fulton Avenue have not been reconstructed or Planning Commission Resolution No. 3695 PLN2005-89 - 1859 Bucknall Road & 145 Fulton Street Recommending Approval of a Planned Development Permit Page 12 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. 48. Gradina and Drainaqe 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. A grading and drainage certificate prepared by the licensed civil engineer or land surveyor shall be submitted to the City Engineer upon project completion. This certificate shall certify that final grading is in compliance with the approved grading and drainage plan. 49. Storm Drain Area Fee: Prior to recordation of the final map, the applicant shall pay the required Storm Drain Area fee of $2,385.00 per net acre, which is $1,531.00. 50.Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding stormwater pollution prevention. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay. Resources to achieve these objectives include Stormwater Best Management Practices Handbook for New Development and Redevelopment ("CA BMP Handbook") by the California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for Stormwater Quality Protection ("Start at the Source") by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for Stormwater Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. 51. Demolition: Prior to recording of the final map the applicant shall obtain a demolition permit and remove any nonconforming structures. Planning Commission I;.t;:solution No. 3695 PLN2005-89 - 1859 Bucknall Road & 145 Fulton Street Recommending Approval of a Planned Development Permit Page 13 PASSED AND ADOPTED this 13th day of December, 2005, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Alderete, Doorley, Ebner, Francois and Roseberry Gibbons and Rocha None None APPROVED: Elizabeth Gibbons, Chair ATTEST: Sharon Fierro, Secretary RESOLUTION NO. 3696 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A TENTATIVE SUBDIVISION MAP (PLN2005-90) TO CREATE EIGHT RESIDENTIAL LOTS ON PROPERTY OWNED BY KIRKORIAN ENTERPRISES LLC LOCATED AT 1859 BUCKNALL ROAD AND 145 FULTON STREET IN A C-1-S (NEIGHBORHOOD COMMERCIAL) AND R-2-S (MULTIPLE FAMILY RESIDENTIAL) ZONING DISTRICTS. APPLICATION OF MR. MIKE MUSSANO, ON BEHALF OF WARD-YOUNG ARCHITECTURE AND PLANNING. FILE NO.: PLN2005-90. After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application PLN2005-90: 1. The proposed creation of 8 lots at a density of 9.3 units per gross acre is consistent with the Low-Medium Density Residential (6-13 units per gross acre) General Plan land use designation for the property. 2. The proposed Tentative Subdivision Map is consistent with the Planned Development Zoning Ordinance. 3. The provisions of the Covenants, Conditions and Restrictions are necessary to ensure the long-term maintenance of the common driveway, architectural integrity and landscaping quality. 4. The Tentative Subdivision Map has been distributed to local agencies, including Pacific Gas and Electric, West Valley Sanitation District, Santa Clara Valley Transportation Authority and the Santa Clara Valley Water District. None of these agencies raised any concerns about providing services to the proposed lots. 5. The proposed project, to the extent feasible, includes provisions for access to natural air and light for all of the units. 6. The provisions of the Covenants, Conditions and Restrictions are necessary to ensure the long-term property maintenance and continued architectural integrity of 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 upon the foregoing findings of fact, the Planning Commission further finds and concludes that: Planning Commission Kt::solution No. 3696 PLN2005-90 - 1859 Bucknall Road and 145 Fulton Street Recommending Approval of a Tentative Subdivision Map Page 2 1. The proposed Tentative Subdivision Map is consistent with the General Plan and Zoning Ordinance of the City. 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 Planning Commission recommends approval of a Tentative Subdivision Map (PLN2005-90) to allow the creation of eight lots on property owned by Kirkorian Enterprises LLC located at 1859 Bucknall Road and 145 Fulton Street in a C-1-S (Neighborhood Commercial) and R-2-S (Multiple Family Residential) Zoning District. Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. COMMUNITY DEVELOPMENT DEPARTMENT Planning Division: 1. Approved Proiect: Approval for a Tentative Subdivision Map to create 8 residential lots on properties located at 1859 Bucknall Rd. and 145 Fulton Street. The site design and subdivision design shall substantially conform to the project exhibits listed below, except as may be modified by the conditions of approval herein: Planning Commission Kesolution No. 3696 PLN2005-90 - 1859 Bucknall Road and 145 Fulton Street Recommending Approval of a Tentative Subdivision Map Page 3 a. Tentative Subdivision Map prepared by Kenneth Nelson, RCE and Lester Ikegami, RCE, dated October 10 & 11, 2005, including a plot plan, preliminary grading and drainage plan. b. The proposed Tentative Subdivision Map shall delineate a landscape easement along the street frontage of the project and along driveways where 3 foot picket fences are shown. 2. Approval Expiration: The Tentative Subdivision Map approval is valid for a period of two years from the date of final approval, unless an extension is granted prior to the expiration date. 3. Planned Development Permit Approval: Valid 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. 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 landscaping, fences and driveways. b. Continued architectural controls to ensure the architectural integrity of the project. c. Definition of common landscape and driveway areas to be maintained and provisions for maintenance of these areas. d. A funding mechanism to ensure maintenance and upkeep of common landscape and shared driveway(s). e. On-going maintenance of the required front yard landscaping for the project. f. Requirement for the availability of garage space for the parking of vehicles at all times. g. A prohibition on the use of parking spaces for storage purposes, including boats, trailers, and recreational vehicles. PUBLIC WORKS 5. 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 Planning Commission ~t;solution No. 3696 PLN2005-90 - 1859 Bucknall Road and 145 Fulton Street Recommending Approval of a Tentative Subdivision Map Page 4 approval by the City Council and submit the map in a digital format acceptable to the City. 6. Preliminary Title Report: Upon submittal of the tentative map, the applicant shall provide a current Preliminary Title Report. 7. 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. 8. Monumentation for Final Map: Prior to recordation of the final map, the applicant shall provide a cash deposit for setting all monuments shown on the map. Monuments shall be set per section 20.76.010 of the Campbell Municipal Code. 9. 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: 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 driveway approach and necessary sidewalk, curb and gutter as required by the Engineer. d. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway approaches and curb ramps on Bucknall Road and Fulton Street as necessary. e. Installation of street trees and irrigation at 30 feet on center along Bucknall Road and Fulton Street. f. Installation of City standard benchmark. g. Installation of monument wells. h. Installation of streetlights, conduits, conductors and related facilities in accordance with the City of Campbell's Street Lighting Policies along Bucknall Road, and Fulton Street. i. Installation of traffic control, stripes and signs as necessary. j. Construction of conforms to existing public and private improvements, as necessary. k. Permits will be required from the City of San Jose and Santa Clara Valley Water District for utility, sanitary sewer and storm sewer connections including trench restoration on Bucknall Road. Note that the proposed sanitary and storm connections on Bucknall Road is in San Jose jurisdiction and may also be in Planning Commission "...~olution No. 3696 PLN2005-90 - 1859 Bucknall Road and 145 Fulton Street Recommending Approval of a Tentative Subdivision Map Page 5 conflict with the 20" SCVWD central pipeline. It shall be the owner's responsibility in obtaining and complying with the requirements of these permits. 10. 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. 11. Maintenance of Landscapinq: 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. 12. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer cleanout(s) shall be relocated or installed on private property behind the public right-of-way line. 13. 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. 14. Utilities: All on-site utilities shall be installed underground per Section 21.18.140 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. 15. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities. The plan shall clearly show the location and size of all existing utilities and the associated main lines; indicate which utilities and services are to remain; which utilities and services are to be abandoned, and where new utilities and services will be installed. Joint trenches for new utilities shall be used whenever possible. 16. 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. Bucknall Road or Fulton Avenue 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. 17. Gradinq and Drainaqe 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 - Planning Commission ~esolution No. 3696 PLN2005-90 - 1859 Bucknall Road and 145 Fulton Street Recommending Approval of a Tentative Subdivision Map Page 6 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. A grading and drainage certificate prepared by the licensed civil engineer or land surveyor shall be submitted to the City Engineer upon project completion. This certificate shall certify that final grading is in compliance with the approved grading and drainage plan. 18. Storm Drain Area Fee: Prior to recordation of the final map, the applicant shall pay the required Storm Drain Area fee of $2,385.00 per net acre, which is $1,531.00. 19. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding stormwater pollution prevention. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay. Resources to achieve these objectives include Stormwater Best Management Practices Handbook for New Development and Redevelopment ("CA BMP Handbook") by the California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for Stormwater Quality Protection ("Start at the Source") by the Bay Area Stormwater Management Agencies Association (BASMAA),. 1999; and Using Site Design Techniques to Meet Development Standards for Stormwater Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. 20. Demolition: Prior to recording of the final map the applicant shall obtain a demolition permit and remove any nonconforming structures. .-. Planning Commission F\...solution No. 3696 PLN2005-90 - 1859 Bucknall Road and 145 Fulton Street Recommending Approval of a Tentative Subdivision Map Page 7 PASSED AND ADOPTED this 13th day of December, 2005, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Alderete, Doorley, Ebner, Francois and Roseberry Gibbons and Rocha None None APPROVED: Elizabeth Gibbons, Chair. ATTEST: Sharon Fierro, Secretary .- Planning Commission fvlll1utes of December 13, 2005 Page 10 Motion: Upon motion of Commissioner Alderete, seconded by Commissioner Francois, the Planning Commission adopted Resolution No. 3704 approving a Conditional Use Permit (PLN2005- 123) to allow late night uses to 3 a.m., 7 days a week, at an existing restaurant on property owned Carol Hockenbury et al located at 1960 S. Bascom Avenue, with the edit to Condition of Approval No. 3 removing text "at the applicant's cost" for the six-month review of this Use Permit, by the following roll call vote: AYES: Alderete, Doorley, Ebner, Fran~ois, Gibbons, Rocha and Roseberry NOES: None ABSENT: None ABSTAIN: None Chair Gibbons advised that this action is final unless appeal in writing to the City Clerk within 10 calendar days. -* Chair Gibbons read Agenda Item No. 1 into the record as follows: 1. PLN2005-D6 (GP) PLN2005-88 (ZC) PLN2005-89 (PD) PLN2005-90 (TS) Mussano, M. Public Hearing to consider the application of Mr. Mike Mussano, on behalf of Ward-Young Architecture and Planning, for a General Plan Amendment (PLN2005-06) from Neighborhood Commercial to Low-Medium Density Residential and from Medium-Density Residential to Low- Medium Density Residential; a Zone Change (PLN2005- 88) from C-1-S (Neighborhood Commercial) and R-2-S (Multiple Family Residential) to P-D (Planned Development); a Planned Development Permit (PLN2005- 89) to allow the construction of eight small-lot single-family residences and a Tentative Subdivision Map (PLN2005- 90) to allow the creation of eight lots on property owned by Kirkorian Enterprises, LLC, located at 1859 Bucknall Road and 145 Fulton Avenue in a C-1-S (Neighborhood Commercial) and R-2-S (Multiple Family Residential) Zoning District. A Mitigated Negative Declaration is proposed for this project. Tentative City Council meeting date: January 17, 2006. Project Planner: Tim J. Haley, Associate Planner Ms. Sharon Fierro, Community Development Director, presented the staff report as follows: · Advised that following review by staff, staff is recommending approval of a Negative Declaration for a project located on the northwest corner of Bucknall Road and Fulton Avenue. - Planning Commission rvllnutes of December 13, 2005 Page 11 · Described one parcel as currently containing a single-story convenience store and the second parcel a two-story fourplex, both of which will be removed. · Said that the surrounding properties include fourplexes to the north and east and single-family residences to the south and west. · Advised that on May 23, 2005, Council reviewed conceptual plans and authorized the applicant to proceed with a General Plan Amendment application. · Said that the existing General Plan designation is Medium Density Residential for one parcel and Neighborhood Commercial for the other. It is proposed that both would be changed to Low-Medium Density Residential, which allows 9.3 units per gross acre. · Explained that a Planned Development Permit would allow for individual ownership of the units and some flexibility in design standards that allows for the creation of a better project than might be achieved with standard zoning requirements. Chair Gibbons asked about the differences in standards and how they help achieve a better project. Director Sharon Fierro said that the separation between units is less than required under standard zoning. Senior Planner Jackie C. Young Lind added that R-M Zoning requirements would result in greater separation between units, greater setbacks to the porches and greater setback from the north property line at five feet as opposed the proposed three feet. However, as proposed the density would comply. Director Sharon Fierro: · Added that this proposed project complies with policies, strategies and goals of the General Plan and Housing Element as well as with the Zoning Code with _the issuance of a Planned Development Permit. · Explained that a Planned Development Permit allows slight deviations in standards to allow a superior development than would be achieved under standard zoning. · Said that the architectural style is Craftsman with hip roof shapes and porch elements typical of the style supported by the San Tomas Area Neighborhood Plan. There will be picket fences at the street frontages and six-foot high good neighbor fences. · Stated that staff is recommending that the fencing for Lot 1 be relocated to provide a private yard space for this residence. · Added that parking requirements are met with this project that includes five driveway aprons along the street frontage and two shared driveways. · Said that staff is recommending a condition of approval that requires the use of decorative paving on these driveways to improve their appearance. · Stated that a landscape plan will be required utilizing 24 inch box trees. · Reported that the Tentative Subdivision Map would create eight residential lots, three of which are flag lots, two with shared driveway access. .- Planning Commission fVllnutes of December 13, 2005 Page 12 · Reported that a Homeowners' Association is required to ensure the maintenance of landscaping and shared driveways as well as architectural continuity. · Explained that the applicant objects to the condition requiring establishment of an HOA and redesigned their project to include more driveways with street frontage access so said HOA would not be required. · Added that this applicant owns the apartments across the street and has historically well maintained that landscaping. · Said that staff believes it is important to have common lots with an HOA to deal with landscaping maintenance along the perimeter of the property, maintenance of driveways and to ensure that garages are left available for parking and not simply used for storage. · Recommended approval and advised that SARC will report on its review of this proposal. Commissioner Ebner asked if the City is asking for the five-foot setback. Director Sharon Fierro replied no. If it were not a Planned Development, the five-foot setback would be required. However, with a Planned Development Permit the reduced three-foot setback is allowed. She added that staff is recommending approval of this project with condition to establish an HOA. Commissioner Alderete asked if the garage doors with raised panels and glass inserts have been conditioned. Director Sharon Fierro said that Condition 6 does require this but that condition could be enhanced by adding subsection C requiring these details for the garage doors. Chair Gibbons: · Said that she has a number of questions including whether this Planned Development project is better than using the current zoning requirements. · Stated that the question of whether or not to have an HOA is an issue. · Advised that she had asked to see the earlier proposal that included combined driveways. · Expressed concern about the percentage of driveway coverage visible from the street frontage. · Said that the three-foot side yard setbacks are of concern. · Asked staff to explain what makes this project better as a Planned Development. Director Sharon Fierro advised that the Architectural Advisor had reviewed the original proposal in July 2005. Chair Gibbons: · Said that the original proposal had driveways to the rear and frontages to the street. · Questioned whether a Planned Development is best for this area. Planning Commission tvllnutes of December 13, 2005 Page 13 Commissioner Alderete presented the Site and Architectural Review Committee report as follows: · Reported that SARC reviewed this project on November 22, 2005, and was supportive. · Said that SARC recommended the establishment of an HOA to maintain publicly visible landscaping, fencing and architectural integrity of the development. · Added that SARC also requested inclusion of decorative paving and more detailed garage doors. Chair Gibbons opened the Public Hearing for Agenda Item No.1. Mr. Tim Ward, Architect and Applicant's Representative: · Explained that the design changes they made to the project were not done only to avoid establishing an HOA. · Added that the original design did not provide back yards for the front units or access from the street. · Said that they have tried to design a neo-traditional neighborhood with nine units per gross acre. · Described the homes as modest, small homes ranging in size between 1 ,600 and 1,900 square feet. Most are three-bedroom with a couple of four-bedroom units. · Said that they had tried to develop with four parking spaces per unit but were unable to reach that standard. · Said that carriage doors would be used for the garages and agreed that these garages needed to have some added character. · Assured that this is not some monolithic project but rather are individual homes. · Stated that they are in agreement with the recommendations made by staff on the issues of fencing, garage details and the creation of a back yard space for Lot 1. · Said he is open to questions. Mr. Dan Brodnick, Kirkorian Enterprises, LLC, 1630 W. Campbell Avenue, Campbell: · Stated that this project has been 16 months in the planning and he worked closely with Planner Tim Haley, talked with realtors and looked at the Summerhill project for inspiration. · Said that as designed, there are no common areas of ownership while the recent Cullen DeMattei project on Kennedy does have a common ownership lot included. · Said that to address staff concerns, they propose to file deed restrictions on the issues of landscape maintenance, fencing and architectural controls. · Stated that the concern with establishing an HOA is the on-going cost of maintaining it. There is a need for about $100,000 in insurance and results in . approximately $200 per month per unit in HOA fees. · Added that an HOA can foreclose on a property simply for failure to pay HOA dues. · Assured that they want to maintain this property and that they own the apartments across the street. · Promised that the landscaping on this project would be maintained. Planning Commission fvllnutes of December 13, 2005 Page 14 · Added that this proposal results in a better project than what is there now, including a convenience store located in a residential neighborhood. City Attorney William Seligmann advised that the Subdivision Code provisions require an HOA when there is any shared access. Ms. Mary Carson, 4564 Bucknall Road, Campbell: · Stated that she lives across the street from this property. · Questioned the proposed price ranges for these homes and the potential traffic impacts on the area. · Pointed out that it is difficult to get out now due to nearby traffic such as that generated from nearby Harker Academy. Mr. John Kirkorian, Kirkorian Enterprises, LLC, 1630 W. Campbell Avenue, Campbell: · Thanked the Commission for its consideration of this project. · Said that this property has been owned by his family for 40 years. A long-term lease on the commercial property just recently expired. · Said that this project represents a nice plan that fits in well into this neighborhood. · Said he is not yet certain the sale price for these homes but anticipates approximately $800,000. · Said that there is nothing better for a new property owner than to take care of their own yard. Ms. Kim Carson, 4564 Bucknall Road, Campbell: · Expressed support for an HOA. · Stated that she resides directly across the street from this property and has owned her home here for 20 years now. Prior to that time, she rented from the Kirkorians. · Assured that the Kirkorians maintain their properties well. · Said that she is all for establishment of an HOA as someone needs to oversee the maintenance. · Cautioned that there is no street parking available in this area and that the parking lot of this convenience market often served as overflow parking for nearby residents. Director Sharon Fierro pointed to page 4 of the Initial Study regarding the traffic analysis for this project. She advised that the finding has been made that the parking from this development would be less than existing traffic for the fourplex and convenience market and would result in no significant impact. Chair Gibbons pointed out that 10 a.m. and 11 p.m. are the peak times for this convenience business. Chair Gibbons closed the Public Hearing for Agenda Item No.1. Commissioner Doorley: Planning Commission tvllllutes of December 13, 2005 Page 15 · Said that the Kennedy Avenue project is a logical one to use as a starting point of discussion. · Stated his support for the establishment of an HOA. · Asked staff if Council had kept that requirement for an HOA in the Kennedy project as a condition of approval. Director Sharon Fierro replied yes. Commissioner Doorley: · Said that the same reasons for imposing it there apply here. · Said he is not open to the request to remove the requirement for an HOA. · Pointed out to Chair Gibbons that the evaluation of a Planned Development versus an R-M-S (Multiple Family Residential) project includes aesthetic and upkeep benefits with ownership units versus rental units. Chair Gibbons: · Said that Commissioner Doorley's point is well spoken. · Said that the question she has is the quality of the open spaces provided which impacts how well they could be taken care of. · Added that she is concerned about the number of driveways and the amount of garage shown from the street. · Said that she is not sure the amount of landscaping that can be installed due to the small size of some of the planting areas at about 2.5 feet in depth. · Said that she loves the concept of ownership units versus rental units as there is a market need for such units. · Advised that State Law does not allow an HOA to foreclose on a property owner solely due to delinquent HOA dues. Commissioner Doorley added that a lien can be placed for such delinquent dues but that cannot be the sole reason for a foreclosure. Chair Gibbons stated that while this project is cleverly mapped out, it is too dense, has too many driveways, too many compromises and too small of setbacks. Therefore, she is not supportive. Motion: Upon motion of Commissioner Doorley, seconded by Commissioner Roseberry, the Planning Commission took the following actions: · Adopted Resolution No. 3692 recommending that Council adopt a Negative Declaration for the subject residential development; · Adopted Resolution No. 3693 recommending that Council approve a General Plan Amendment (PLN2005-06) to change the General Plan land use designation from Medium-Density Residential for 145 Fulton Street) and Neighborhood ~, Planning Commission MUlutes of December 13, 2005 Page 16 Commercial for 1859 Bucknall Road to Low-Medium Density Residential; · Adopted Resolution No. 3694 recommending that Council approve a Zoning Classification Change (PLN2005-88) from R-2- S (Multiple Family Residential) for 145 Fulton Street and C-1-S (Neighborhood Commercial) for 1859 Bucknall Road to P-D (Planned Development); · Adopted Resolution No. 3695 recommending that Council approve a Planned Development Permit (PLN2005-89) to allow the development of eight detached residential units; and · Adopted Resolution No. 3696 recommending that Council approve a Tentative Subdivision Map (PLN2005-90) to create eight residential lots; by the following roll call vote: AYES: Alderete, Doorley, Ebner, Fran~ois and Roseberry NOES: Gibbons and Rocha ABSENT: None ABSTAIN: None Chair Gibbons advised that this item would be considered by Council at its meeting of January 17, 2006, for final action. *** Chair Gibbons read Agenda Item No.2 into the record as follows: 2. PLN2005-125 (ZC) PLN2005-126 (PD) PLN2005-127 (PM) Almeleh, C. Public Hearing to consider the application of Mr. Craig Almeleh, on behalf of Architectural Technologies, Inc., for a Zone Change (PLN2005-125) from M-1-S (Light Industrial) to C-PD (Condominium - Planned Development); a Planned Development (PLN2005-126) to allow the conversion of four approved commercial/industrial buildings into 46 commercial/industrial condominium units and a Tentative Parcel Map (PLN2005-127) for four lots for condominium purposes on property owned by Mr. James Chalmers located at 700 - 750 E. McGlincy Lane in an M-1-S (Light Industrial) Zoning District. A Negative Declaration has been prepared for this project. Tentative City Council Meeting Date: January 17, 2006. Project Planner: Stephanie Willsey, AICP, Planner I Ms. Stephanie Willsey, Planner I, presented the staff report as follows: . Advised that the applicant is seeking approval to allow the conversion of four approved commercial/industrial buildings into 46 commercial/industrial condominium units. ~..Of('CA4?.P<9 ~ ~ U r o 0 ... ... 'So", ~ . (, OIlCH....,.O. PLN2005-06 (GP) PLN2005-88 (ZC) PLN2005-89 (PD) PLN2005-90 (TS) Mussano, M. - ~- Attachment #7 ITEM NO.1 STAFF REPORT - PLANNING COMMISSION MEETING OF December 13, 2005 Public Hearing to consider the application of Mr. Mike Mussano, on behalf of Ward-Young Architecture and Planning, for a General Plan Amendment (PLN2005-06) from Neighborhood Commercial to Low-Medium Density Residential and from Medium-Density Residential to Low-Medium Density Residential; a Zone Change (PLN2005-88) from C-I-S (Neighborhood Commercial) and R-2-S (Multiple Family Residential) to P-D (Planned Development); a Planned Development Permit (PLN2005- 89) to allow the construction of eight small-lot single-family residences and a Tentative Subdivision Map (PLN2005-90) to allow the creation of eight lots on property owned by Kirkorian Enterprises, LLC, located at 1859 Bucknall Road and 145 Fulton Street in a C-I-S (Neighborhood Commercial) and R-2-S (Multiple Family Residential) Zoning District. A Mitigated Negative Declaration is proposed for this project. STAFF RECOMMENDATION That the Planning Commission takes the following actions: 1. Adopt a Resolution, incorporating the attached findings, recommending that the City Council approve a General Plan Amendment to change the General Plan land use designation from Medium Density Residential (145 Fulton Street) and Neighborhood Commercial(1859 Bucknall Road) to Low-Medium Density Residential; 2. Adopt a Resolution, incorporating the attached findings, recommending that the City Council approve a Zoning Classification Change from R-2-S (Multiple Family Residential /145 Fulton Street) and C-I-S (Neighborhood Commercial/1859 Bucknall Road) to P-D (Planned Development); 3. Adopt a Resolution, incorporating the attached findings, recommending that the City Council approve a Planned Development Permit allowing the development of 8 detached residential units, subject to the attached conditions of approval. 4. Adopt a Resolution, incorporating the attached findings, recommending that the City Council approve a Tentative Subdivision Map to create 8 residential lots, subject to the attached Conditions of Approval; 5. Adopt a Resolution, incorporating the attached findings, recommending that the City Council adopt a Mitigated Negative Declaration for the subject residential development. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act (CEQA), the City conducted an Initial Study for this project. The results of the study determined that no significant impacts would be created as a result of this project. Based upon the information provided in the Initial Study, staff recommends that the Planning Commission recommend that the City Council adopt .--- Staff Report - Planning Cv.nmission Meeting of December 13, 20v..} , PLN2005-06/88/89/90 ~ 1859 Bucknall Rd. & 145 Fulton Street Page 2 of7 the Mitigated Negative Declaration prepared for this project. The Initial Study and the Mitigated Negative Declaration are included as an attachment to this report. The mitigation measures address potential short-term air quality impacts associated with construction, paleontological or archaeological resources that might be encountered during project construction, strong seismic ground shaking associated with potential geologic impacts, and potential noise impacts during and after project construction, and water quality. The mitigation measures are included as Conditions of Approval of the Tentative Subdivision Map and the Planned Development Permit Permit. The 20-day public review period for the draft Mitigated Negative Declaration was between, November 9, 2005 and November 29, 2005. No comments were received. PROJECT DATA Gross Lot Area: Net Lot Area: .858 acres .606 acres 37,358 sq. ft. 26,392 sq. ft. Proposed Project Density 8 units @ 9.3 units per gross acre Proposed General Plan Density 6-13 units per gross acre Site Utilization Building Coverage: Paving Coverage: Landscaping Coverage: 11,153 sq. ft. 5,603 sq. ft. 9,636 sq. ft. 42% 21% 37% Floor Area Ratio (FAR): .68 FAR Proposed residences: I ul I I Iluur (Jdrd!:'.L' ~"1 11\)\)1 I uta I I (It "i/c I (I[ 11,l()1 dlca '\Ulllhcl "L1 It L't 1\ U agL' 1.111\) Lot 1 786 443 1,022 2,251 3,327 Lot 2 732 416 896 2,044 2,777 Lot 3 925 451 1,016 2,392 3,322 Lot 4 925 451 1,016 2,392 3,193 Lot 5 853 429 1,046 2,328 3,558 Lot 6 853 429 1,046 2,328 3,422 Lot 7 715 462 915 2,092 3,875 Lot 8 685 449 946 2,080 2,871 Overall 17,901 26,345 38% .68 Building Height: Proposed: Two stories 25 feet Maximum Allowed Two and one-half stories 35 feet (R-2-S Zoning District) Parking: Proposed: Required: 31 spaces - 3.87 spaces per unit 28 spaces - 3.5 spaces (16 covered, 15 uncovered) per unit .- Staff Report - Planning L..~nmission Meeting of December 13, 20ll.) PLN2005-06/88/89/90 ~ 1859 Bucknall Rd. & 145 Fulton Street Page 3 of7 Surrounding Uses: North: Residential- Four-plex South: Residential- Single-family Residential East: Residential- Four-plex West: Residential -Single-Family Residential DISCUSSION Applicant's Proposal: The applicant is requesting approval of the following applications: 1. A General Plan Amendment from Medium Density Residential and Neighborhood Commercial to Low-Medium Density Residential. 2. A Zone Change from R-2-S and C-I-S to P-D 3. A Planned Development Permit to allow the redevelopment of the .85 gross acre project site to accommodate 8 detached residential units; and 4. A Tentative Subdivision Map to create 8 residential lots. The subject properties are located on the northwest comer of Bucknall Rd and Fulton Street. The project site is currently occupied by a single story convenience store of 4,400 square feet and a two-story four-plex which would be removed with the development of the project. The project site is surrounded four-plexes on the north and east, and single-family residential uses to the south and west. The project site is currently zoned R-2-S (Multiple Family Residential) and C-I-S (Neighborhood Commercial). BACKGROUND City Council Authorization: On May 23, 2005, the City Council authorized the applicant to proceed with a General Plan Amendment for the project site from Medium Density Residential and Neighborhood Commercial to Low-Medium Density Residential. ANALYSIS General Plan Designation: The General Plan land use designation for the project site is currently Medium Density Residential (14-20 units per gross acre) and Neighborhood Commercial for the .85 acre project site. The applicant is requesting approval of a General Plan Amendment for both parcels to Low-Medium Density Residential. The proposed land use change allows this project to act as a transition from the surrounding four-plexes that are north and east of the site to the adjacent single family uses to the south and west. The proposed project would result in a project density of 9.3 units per gross acre, which would be consistent with the requested General Plan Land Use Designation of Low-Medium Density Residential (6-13 units per gross acre) with the approval of a Planned Development Permit. The proposed project complies with the following General Plan Land Use Element policies and strategies: Staff Report - Planning LJ~nmission Meeting of December 13,20\)./ PLN2005-06/88/89/90 - 1859 Bucknall Rd. & 145 Fulton Street Page 4 of7 Policy LUT-3.1: Variety of Residential Densities: Provide land use categories for and maintenance of a variety of residential densities to offer existing and future residents of all income levels, age groups and special needs sufficient opportunities and choices for locating in Campbell. Policy LUT-5.1: Neighborhood Integrity: Recognize that the City is composed of residential, industrial and commercial neighborhoods, each with its own individual character; and allow change consistent with reinforcing positive neighborhood values, while protecting the integrity of the city's neighborhoods. Strategy LUT-5.2a: Neighborhood Compatibility: Promote new residential development and substantial additions that are designed to maintain and support the existing character and development pattern of the surrounding neighborhood, especially in historic neighborhoods and neighborhoods with consistent design characteristics. Strategy LUT-9.3e: Building Materials: Encourage the use of long-lasting, high quality building materials on all buildings to ensure the long-term quality of the built environment. Strategy LUT -17.1 b: Landscaping: Ensure that new developments provide new tree plantings, shrubs, greenery and other landscaping materials, and preserve existing trees and shrubs. Strategy LUT-7.2g: Landscaped and Tree Lined Streets: Provide attractive, user friendly, tree-lined streets and install creative landscaping in street improvement projects, where feasible. Strategy LUT-12.1b: Drivewavs: Ensure that driveways are a sufficient distance from intersections. Policy LUT -3.1 : Variety of Residential Densities: Provide land use categories for and maintenance of a variety of residential densities to offer existing and future residents of all income levels, age groups and special needs sufficient opportunities and choices for locating in Campbell. Zoning Classification: The current zoning classifications for the project site are R-2-S (Multiple- family residential) and C-I-S (Neighborhood Commercial). The applicant is requesting approval of a zoning classification change to P-D (Planned Development) for both parcels. The proposed development will be consistent with the zoning classification with approval of a Planned Development Permit. The proposed development requires approval of flexible development standards to allow the following: . Creation of three smaller lots accessed by smaller private driveways; · Lesser setbacks between the residential units and along the northern project boundary; and within the project; and · Smaller lot sizes less than the minimum lot size of 6,000 square feet typically required for standard R-1-6 zoning districts. Staff Report - Planning LVlnmission Meeting of December 13, 20v..) PLN2005-06/88/89/90 - 1859 Buckna11 Rd. & 145 Fulton Street Page 5 of7 Site Layout: The site plan depicts the placement of five of the lots along the street frontages and the creation of three interior flag lots. The following features are provided with the proposed site layout: . A private interior circulation driveway system serves three lots; · The development of a shared access drive between to two of the lots; and . The provision of a common landscaping theme along the street frontage of the project. Open Space: The site plan indicates that approximately 37 percent of the project site will be landscaped. A majority of the residences have 10 to 12 foot rear yards with the exception of the comer lot at the intersection of Buclmall Rd. and Fulton Street which has a 5 foot rear yard. Yard areas along the street frontages are defined with low picket fences and single story covered porch areas. The equivalent of 1,204 square feet of open space is provided per unit in the private and public yards areas. Building Design: Elevations depict a variety of residential designs with five different floor plans and eight different elevations. The architectural style can be characterized as a Craftsman/Ranch. Roofing forms are shown as both gable and hip roof shapes with an asphalt composition shingle roofing material. Wall materials are shown as shingle and horizontal wood siding with stone veneer wainscoting accents. The elevations have been accentuated with single story porch elements, traditional window forms, and decorative trim around all windows. Porches are detailed with open bracket supports and wood rails. Fencing: A low decorative picket fence is shown along the street frontages and along the private driveways. The remainder of project fencing is shown with a 6'good neighbor wood fences around the project perimeter. Staff is recommending a condition of approval that a detailed fencing plan be submitted for review and approval of the Community Development Director and that the fencing be relocated on Lot One to accommodate a private yard area for this residence. Parking: The site plan indicates the provision of 31 parking spaces, equivalent to 3.87 spaces per unit which exceed the parking requirement of 3.5 spaces per unit. The Parking and Loading Ordinance, requires 3.5 parking spaces per unit for townhomes or a total of 28 parking spaces for this project. Staff believes that the parking is adequate to meet the needs of the proposed development and is supportive of the proposed parking ratio. In that five of the driveway aprons are proposed along the street frontage and the project has seven driveways, staff is recommending that a decorative paver be required to provide an enhanced appearance to the drive aprons and the project appearance. Staff Report - Planning Lvmmission Meeting of December 13, 20v,; PLN2005-06/88/89/90 - 1859 Bucknall Rd. & 145 Fulton Street Page 6 of7 Landscaping: The applicant has provided a conceptual landscape plan that illustrates the landscaping of the street frontage yards and the private driveways. Staff is recommending a condition of approval requiring the submittal of a more detailed landscaping and irrigation plan, prior to the issuance of building permits. This condition would require the submittal of a plan that includes the installation of the decorative paving treatments and the provision of minimum 24-inch box tree sizes along the driveways and the street frontage. Subdivision Design: The applicant is requesting approval of a Tentative Subdivision Map to subdivide the property into eight residential lots. Three of the proposed lots are flag lots and two of the flag lots share a driveway access. No common lots are shown. The applicant does not proposes to create a Homeowners Association for this project and wishes to address common maintenance and use issues under Covenants, Conditions and Restrictions (C,C & R's) see Attachment No. 11. Staff is recommending the provision of a landscape and fencing easement along the street frontage of the project to ensure a consistent landscape appearance to the development and the creation of a Homeowner's Association to ensure on-going maintenance. The project density, a shared driveway and a consistent development appearance warrants the creation of a Homeowner's Association. Common areas require the formation of a Home Owners Association. Projects with Home Owners Association are called "common interest developments." Common interest developments require approval of the State Department of Real Estate. This process ensures that the Covenants, Conditions and Restriction (CC&R's) are adequate to provide for the long term maintenance of the common areas and establishes a private governing body to fund and administer compliance to established standards. To ensure the proper maintenance and upkeep of the development, a condition of approval has been added that requires that the applicant to submit a draft copy of the Covenants, Conditions and Restrictions (CC&R's) prior to recordation of the Final Subdivision Map which include: a. Formation of a Homeowner's Association to ensure the long-term maintenance of properties; b. Continued architectural controls to ensure the architectural integrity of the project; c. Definition of publicly visible areas to be maintained and provision of maintenance for these areas; d. A funding mechanism to ensure maintenance and upkeep of common landscape areas as necessary; e. On-going maintenance of the required front yard landscaping for the project; f. Requirement for the availability of interior garage spaces for each unit for the parking of vehicles at all times; and g. A prohibition on the use of parking spaces for storage purposes, including boats, trailers and recreational vehicles. The draft CC&R's shall be submitted prior to recordation of the Final Map, for review and approval by the Community Development Director and City Attorney. Staff Report - Planning Lvmmission Meeting of December 13, 20u) PLN2005-06/88/89/90 ~ 1859 Bucknall Rd. & 145 Fulton Street Page 70f7 Site and Architectural Review Committee: The Site and Architectural Review Committee considered this application at its meeting of November 22,2005. The Committee was supportive of the use and project with a condition that a Homeowners Association be created to maintain publicly visible landscape areas and fencing, the shared driveway, and architectural integrity. The Committee is also recommending that decorative paving and well designed garage doors be utilized. These recommendations are included in the conditions of approval. Attachments: 1. Recommended Findings for a Mitigated Negative Declaration 2. Recommending Findings for File No. PLN 2005-05(General Plan Amendment) 3. Recommending Findings for File No. PLN2005-88 (Zoning Classification Change) 4. Recommending Finding for File No. PLN2005-89 (Planned Development Permit) 5. Recommending Findings for File No. PLN2005-90 (Tentative Subdivision Map) 6. Conditions of Approval of File PLN 2004-89 (Planned Development Permit) 7. Conditions of Approval of File PLN 2004-90(Tentative Subdivision Map) 8. Project Plans (Site Plan, Floor Plans, Unit Plans and Building Elevations) 9. Tentative Subdivision Map/Grading/Drainage Plan - Kenneth Nelson and Lester I. Ikegani 10. Initial Study/Draft Mitigated Negative Declaration 11. Letter-Kirkorian Enterprises, L.L.c. regarding Homeowners Association- December 7,2005 12. Location Map ::k~AZ:Planncr Prepared by: Approved by: Attachment # 1 FINDINGS RECOMMENDING APPROVAL OF THE MITIGATED NEGATIVE DECLARATION_FOR THE EIGHT UNIT DEVELOPMENT AT 1859 BUCKNALL RD & 145 FULTON STREET SITE ADDRESS: APPLICANT: P.C. MEETING: 1859 Bucknall Rd & 145 Fulton Street Mike Mussano on Behalf of W ard- Young Architects December 13, 2005 Findings recommending that the City Council adopt a Mitigated Negative Declaration for the Eight Unit Housing Development at 1859 Bucknall Rd. and 145 Fulton Street. The Planning Commission finds as follows with regard to the Mitigated Negative Declaration: 1. An Initial Study has been prepared for this Project, which provides documentation for the factual basis for concluding that a Mitigated Negative Declaration may be adopted since no substantial evidence exists, in light of the whole record, that the project may have a significant effect on the environment. The project consists of the development of eight detached small lot single-family residences, and related circulation and landscaping improvements. 2. A Trip Generation Analysis was prepared to evaluate the potential traffic impacts of the project and found that the proposed project will not cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system. Given the minor number of projected trips, the project will not exceed, either individually or cumulatively, a level of service standard established by the Congestion Management Program for designated roads or highways. 3. A Mitigated Negative Declaration that describes the reasons that the Eight Unit Housing Project will not have a significant effect on the environment and therefore does not require the preparation of an Environmental Impact Report was prepared pursuant to Section 15071 of the California Environmental Quality Act Guidelines. 4. There are no responsible agencies or trustee agencies responsible for resources affected by this project. 5. 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. 6. The City of Campbell provided a 20-day public review period of the Mitigated Negative Declaration pursuant to Section 15073 of the California Environmental Quality Act Guidelines. The 20-day public review period for the draft Mitigated Negative Declaration was between November 9, 2005 and November 29,2005. No comments were received. 7. The mitigation measures address potential short-term air quality impacts associated with construction, paleontological or archaeological resources that might be encountered during project construction, strong seismic ground shaking associated with potential geologic conditions, and potential noise impacts during and project construction. The mitigation ,..- Findings for Recommendlug Approval PLN2005-(06/88-90) - 1859 Bucknall Rd. and 145 Fulton Street Attachment # 1 Page 2 of2 measures are included as Conditions of Approval of the Planned Development Permit and Tentative Subdivision Map. 8. The Planning Commission hereby finds and determines that the Mitigated Negative Declaration reflects the independent judgment 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. 2. The Custodian of the Record for this Mitigated Negative Declaration and Initial Study is the City Clerk of the City of Campbell, located at 70 North First Street, Campbell, California. - Attachment #2 FINDINGS FOR RECOMMENDING APPROVAL OF FILE NO. PLN2005-06 (GENERAL PLAN AMENDMENT) SITE ADDRESS: APPLICANT: P.C. MEETING: 1859 Bucknall Rd. and 145 Fulton Street Mike Mussano on behalf of Ward Young Architects December 13,2005 Findings for recommending that the City Council approve a General Plan Amendment from Medium Density Residential and Neighborhood Commercial to Low-Medium Density Residential at 1859 Bucknall Rd. and 145 Fulton Avenue. The Planning Commission finds as follows with regard to File No. PLN2005-06: 1. This proposed General Plan Amendment covers a .85 gross acre area and is located on the northwest comer of Bucknall Rd and Fulton Street. The proposed land use change will allow the development of this lot as a transition between adjacent residential development. 2. The proposed land use designation of Low-Medium Density Residential (6-13 units per gross acre) establishes a desirable land use pattern in this neighborhood. 3. The requested land use designation change would establish a land use designation that acts as a transition with land use designation of surrounding properties to the west, south and north of the project site. 4. The proposed land use amendment is consistent with other General Plan Elements as follows: 5. The residential designation allows the creation of additional housing opportunities and furthers the objectives of the Housing Element by diversifying available housing opportunities. 6. The intensity of development is supported by the existing circulation system and is consistent with the Circulation Element. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed development will result in a more desirable environment and use of the land than would be possible under any other General Plan Land Use Designation. 2. The development will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 3. The proposed General Plan Land Use Designation change will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. Findings for Recommend111g Approval PLN2005-06 - 1859 Bucknall Rd. and 145 Fulton Avenue Attachment #2 Page 2 of2 4. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. 5. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 6. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required Conditions of Approval, will have a significant adverse impact on the environment. Attachment #3 FINDINGS FOR RECOMMENDING APPROVAL OF FILE NO. PLN2005-88 (ZONE CHANGE) SITE ADDRESS: APPLICANT: P.c. MEETING: 1589 Buckna11 Rd. and 145 Fulton Street Mike Mussano on behalf of Ward Young Architects December 13, 2005 Findings for recommending that the City Council approve a Zoning Classification Change from R-2-S (Multiple-family residential) 145 Fulton Street and C-I-S (Neighborhood Commercial) 1859 Bucknall Rd. to P-D (Planned Development). The Planning Commission finds as follows with regard to File No. PLN2005-88: 1. The project site to be rezoned is a .61 acres and is located on the northwest corner of Bucknall Rd. and Fulton Street. 2. The proposed P-D (Planned Development) zoning classification is consistent with the proposed General Plan Land Use Designation of Low-Medium Density Residential, (6-13 units per gross acre) proposed for the project site. 3. The proposed zoning classification change is compatible with classification of surrounding properties of the project site. 4. The proposed zoning is consistent with the Land Use Element of the General Plan. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed zoning classification will result in a more desirable environment and use of the land than would be possible under other zoning classifications. 2. The development and uses will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 3. The proposed development will not result in allowing more residential units than would be allowed by other residential zoning districts which are consistent with the recommended General Plan land use designation of the property. 4. The proposed zoning classification change will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 5. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required Conditions of Approval, will have a significant adverse impact on the environment. ---- Attachment # 4 FINDINGS FOR APPROVAL OF FILE NO. PLN2005-89 (PLANNED DEVELOPMENT PERMIT) SITE ADDRESS: APPLICANT: P.C. MEETING: 1859 Bucknall Rd. and 145 Fulton Street Mike Mussano on behalf of Ward Young Architects December 13,2005 Findings for approval of a Planned Development Permit (PLN2005-89) to allow the construction of 8 detached single-familv residences at 1859 Bucknall Rd. and 145 Fulton Street The Planning Commission finds as follows with regard to File No. PLN2005-89: 1. The development of the proposed project will result in a use that is consistent with proposed Low to Medium Density Residential General Plan land use designation. 2. The maximum density allowed under the General Plan is 13 units per gross acre. The proposed project results in a density of 9.3 units per gross acre. 3. Small lot single-family developments in the City are required to be located within a PD (Planned Development) Zoning District. The proposed project is consistent with the PD Zoning District with the approval of a Planned Development Permit. 4. The project plans illustrate the construction of 8 residential units and related parking, circulation and landscaping improvements. The proposed homes are two stories in height. 5. The project consists of a 17,901 square-foot building of building area, with a building coverage of 42%, landscaping coverage of 37% and paving coverage of 21 %. 6. The project has a Floor Area Ratio (FAR) of .68. 7. The project provides adequate parking through the provision of 31 parking spaces, equivalent to 3.8 spaces per unit. Provisions are included in the C, C & R's that require garage parking to remain available for parking. 8. Land uses surrounding the project site include fourplexes to the north and the east, and single-family uses to the south and the west. 9. The proposed project provides a total of 9,636 square feet of open space, equivalent to an average of 1,204 square feet per unit. 10. The design of the buildings are compatible with other recently approved residential projects in the Low-Medium Density residential range and relates well with the surrounding neighborhood. Buildings are well articulated and utilize high quality building materials. 11. A Mitigated Negative Declaration has been prepared for this project concluding that there are no significant unmitigated impacts associated with this project, pursuant to the California Environmental Quality Act (CEQA). Attachment # 4 Page 2 of2 Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed development will result in a more desirable environment and use of the land than would be possible under any other zoning classification. 2. The development will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 3. The proposed development will not result in allowing more residential units than would be allowed by other residential zoning districts which are consistent with the General Plan designation of the property. 4. The development will be compatible with the Zoning Code of the City. 5. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 6. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. 7. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 8. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. Attachment #5 FINDINGS FOR APPROVAL OF FILE NO. PLN2005-90 (TENTATIVE SUBDIVISION MAP) SITE ADDRESS: APPLICANT: P.e. MEETING: 1859 Bucknall Rd. and 145 Fulton Street Kenneth Nelson R.C. E December 13, 2005 Findings for approval of a Tentative Subdivision Map to allow the creation of 8 residential lots at 1859 Bucknall Rd. and 145 Fulton Street. The Planning Commission finds as follows with regard to File No. PLN2005-90: 1. The proposed creation of 8 lots at a density of 9.3 units per gross acre is consistent with the Low-Medium Density Residential (6-13 units per gross acre) General Plan land use designation for the property. 2. The proposed Tentative Subdivision Map is consistent with the Planned Development Zoning Ordinance. 3. The provisions of the Covenants, Conditions and Restrictions are necessary to ensure the long-term maintenance of the common driveway, architectural integrity and landscaping quality. 4. The Tentative Subdivision Map has been distributed to local agencies, including Pacific Gas and Electric, West Valley Sanitation District, Santa Clara Valley Transportation Authority and the Santa Clara Valley Water District. None of these agencies raised any concerns about providing services to the proposed lots. 5. The proposed project, to the extent feasible, includes provisions for access to natural air and light for all of the units. 6. The provisions of the Covenants, Conditions and Restrictions are necessary to ensure the long-term property maintenance and continued architectural integrity of 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 upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed Tentative Subdivision Map is consistent with the General Plan and Zoning Ordinance of the City. 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. Attachment # 5 Page 2 of2 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. Attachment #6 CONDITIONS OF APPROVAL FOR FILE NO. PLN2005-89 (PLANNED DEVELOPMENT PERMIT) SITE ADDRESS: APPLICANT: P.C. MEETING: 1859 Bucknall Rd. and 145 Fulton Street Mike Mussano on behalf of Ward Young Architects December 13, 2005 The applicant is hereby notified, as part of this application, that (s)he is required to meet the following conditions in accordance with the ordinances of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney, or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations, and accepted engineering practices, for the items under review. Additionally, the applicant is hereby notified that (s)he is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified: COMMUNITY DEVELOPMENT DEPARTMENT Planning Division: 1. Approved Proiect: Approval is granted to construct a 8-unit residential development on properties located at 1859 Bucknall Rd. and 145 Fulton A venue. The building design and site design shall substantially conform to the project exhibits listed below, except as may be modified by the conditions of approval herein: a. Project plans prepared by Ward Young Architect, dated October 7, 2005 and November 16, 2005, including a grading and drainage plan, site plan, floor plans, unit plans and building elevations consisting of 15 sheets. b. Color/material board submitted by Ward Young Architects. c. Conceptual Site Plan/Landscape Plan prepared by Ward Young Architects. d. Tentative Subdivision Map prepared by Kenneth Nelson, R.C.E., dated October 11,2005. 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 Attachment # 6 Page 2 of 12 4. 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: Conditions of Approval - 1. lanned Development Permit (PLN2005-1 j) a. Formation of a Homeowner's Association to ensure the long-term maintenance of shared driveway(s), front yard landscaping and fencing. b. Continued architectural controls to ensure the architectural integrity of the project. c. Definition of common landscape areas to be maintained and provision of maintenance for these areas. d. A funding mechanism to ensure maintenance and upkeep of common landscape areas and shared access facilities. e. On-going maintenance of the required front yard landscaping for the project. f. Requirement for the availability of garage space for the parking of vehicles at all times. g. A prohibition on the use of parking spaces for storage purposes, including boats, trailers, and recreational vehicles. 5. 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 with the approved conceptual landscape plan and the City's Water Efficient Landscaping Standards (WELS) and shall include the following changes: a. All new street trees in front landscape areas and along the street shall be twenty-four inch box sizes. All other new trees shall be minimum 15 gallon. b. The applicant shall provide decorative pavement (e.g. pavers or brick) within driveway aprons. The design, materials and color to be used for the decorative pavement shall be reviewed and approved by the Community Development Director. 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 and approved by the Community Development Director prior to the issuance of building permits. Project details include, but are not limited to, the following: a. Specifications for the colors and materials of the building and architectural details. b. Window schedules for high quality windows and window treatments. c. Details of porches and garage doors. 7. Parking and Driveways: All parking and driveway areas shall be developed in compliance with Chapter 21.28 of the Campbell Municipal Code and the approved project plans. 8. Fences: Any newly proposed fencing and/or walls shall comply with Section 21.18.050 of the Campbell Municipal Code and the approved site plan and shall be reviewed and approved by the Community Development Director prior to issuance of any building permits for the project. The fencing plan shall include the following: Attachment #6 Page 3 of 10 a. Details of the decorative picket fences; b. Details of wood fencing along the development perimeter and within the development. 9. Property Maintenance: The property is to be maintained free of any combustible trash, debris and weeds until the time that actual construction commences. All unoccupied existing structures shall be secured by having windows boarded up and doors sealed shut, or be demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). 10. Utility Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to issuance of building permits 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. A utility plan shall be submitted for review and approval of the Community Development Director, prior to the issuance of Building Permits. 11. 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 grading or building permits. 12. Park Impact Fee: A park impact fee, based on a density range of six to thirteen units per gross acre, is due upon development of the site. Credit shall be given for any legally existing residential to be demolished. Prior to recordation of the Parcel Map, 75% of this fee is due. The remaining 25% is due prior to issuance of a certificate of building occupancy. 13. On-site lighting: On-site lighting shall be shielded away from adjacent properties and directed on site. The design and type of lighting fixtures, placement and lighting intensity of any proposed exterior lighting for the project shall be reviewed and approved by the Community Development Director prior to issuance of any building permits for the project. Lighting fixtures shall be of a decorative design and shall be compatible with the development and shall incorporate energy saving features. Low-intensity, downward-directed lighting shall be used in all outdoor areas within the project site. 14. Archaeological Resources: If deposits of prehistoric or historical archaeological materials are encountered curing project construction activities, all work within 50 feet of the discovery shall be redirected and a qualified archaeologist shall be contacted to evaluate the discoveries and make recommendations regarding their potential significance and extent throughout the site. If such deposits cannot be avoided, they shall be evaluated for their California and National Register eligibility. If the deposits are not eligible, additional mitigation is not necessary. If the deposits are eligible, they shall be avoided or adverse project effects shall be mitigated. Upon completion of the archaeologist's evaluation, a report shall be prepared documenting the methods and results of the research, and recommendations for additional mitigation. The report should be submitted to the City of Campbell and the Northwest Information Center (NWIC) at Sonoma State University. Attachment #6 Page 4 of 10 15. 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. 16. Paleontological Resources: If 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 paleontologist shall be contacted to evaluate the situation. A licensed 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 any on- site construction activity. 17. Noise Mitigation: General construction noise shall be limited to between the hours of 8:00 a.m. and 5:00 p.m. on Monday through Friday and between the hours of 9:00 a.m. and 4:00 p.m. on Saturday. No construction on Sundays. 18. Construction Mitigation Measures: The following practices should be followed during all phases of site preparation and construction activities: a. 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. b. All construction equipment with internal combustion engines used on the project site shall be properly muffled and maintained in good working condition. c. Unnecessary idling of internal combustion engines shall be strictly prohibited. d. All stationary noise-generating construction equipment, such as air compressors and portable power generators, shall be located as far as possible from noise-sensitive receptors such as existing residences and businesses. e. Prior to the issuance of building permits, the project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street so that the contractor can be made aware of noise complaints. f. Construction equipment, vehicles, and workers associated with the development of the project shall not be permitted to park on any residential streets. g. The "Basic Measures" and the "Enhanced Measures" listed in Table 1 from BAAQMD CEQA Guidelines, 1999, shall be incorporated into the construction plans and implemented for the proposed project. The "Optional Measures" listed below shall also Attachment #6 Page 5 of 10 be incorporated. The City shall review the construction plans to ensure these measures have been incorporated: 1. Install wheel washers for all existing trucks, or wash off all trucks and equipment prior to leaving the site; 11. Suspend excavation and grading activity when winds exceed 25 miles per hour; and Hi. Limit the area subject to excavation, grading and other construction activity to 2 acres at anyone time. Building Division: 19. Permits Required: A building permit application shall be required for each proposed new dwelling structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 20. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 21. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 inches by 36 inches. 22. 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. 23. Soils Report: Two copies of a current soils report, prepared to the satisfaction of the Building Official, containing foundation and retaining wall design recommendations shall be submitted with the building permit application. This report shall be prepared by a licensed engineer specializing in soils mechanics. 24. 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. 25. 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 Attachment #6 Page 6 of 10 26. Title 24 Energy Compliance: California Title 24 Energy Compliance forms CF -1 R and MF- 1 R shall be blue lined on the construction plans. 8 12 x 11 calculations shall also be submitted. 27. Special Inspections; When a special inspection is required by UBC Section 1701, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permits, in accordance with UBC Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 28. Santa Clara Valley Non-Point Source Pollution Control Program; The City of Campbell standard Santa Clara Valley Non-Point Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet (size 24 inches by 36 inches) is available at the Building Division service counter. 29. Aoorovals Required; The project requires the following agency approval prior to issuance of the building permit: a. West Valley Sanitation District (378-2407) b. Santa Clara County Fire Department (378-4010) c. School District:* i. Campbell Union School District (378-3405) ii. Campbell Union High School District (371-0960) iii. Moreland School District (379-1370) iv. Cambrian School District (377-2103) *Note: To determine your district, contact the offices identified above. Obtain the school District payment form from the City Building Division, after the Division has approved the building permit application. d. Bay Area Air Quality Management District (Demolitions only) (415-771-6000) 30. PG&E: Applicant is advised to contact Pacific Gas & Electric Company as early as possible in the approval process. Service installations, changes and/or relocation may require substantial scheduling time and can cause significant delays in the approval process. Applicant should also consult with PG&E concerning utility easements, distribution pole locations and required conductor clearances. 31. Construction Fencing; This project shall be properly enclosed with construction fencing to prevent unauthorized access to the site during construction. The construction site shall be secured to prevent vandalism and/or theft during hours when no work is being done. All protected trees shall be fenced to prevent damage to root systems as per condition No.5 of this approval. Attachment #6 Page 7 of 10 FIRE DEPARTMENT 32. Required Fire Flow: The fire flow for this project is 1000 gpm at 20 psi residual pressure. The required fire flow is available from area water mains and fire hydrant(s) which are spaced at the required spacing. 33. Fire Apparatus (Enlc!ine) Access Roads Required; Provide an access driveway (Lots 5,6,and 7) with a paved all weather surface, a minimum unobstructed width of 12 feet, vertical clearance of 13 feet, 6 inches. Installations shall conform to Fire Department Standard Details and Specifications Sheet D-1. 34. Timing of Required Roadway Installations: Required access roads, up through first lift of asphalt, shall be installed and accepted by the Fire Department prior to the start of combustible construction. During construction, emergency access roads shall be maintained clear and unimpeded. Note that building permit issuance may be withheld until installations are completed. Temporary access roads may be approved on a case by case basis. 35. Premises Identification: Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background. PUBLIC WORKS 36. Final Map: Prior to issuance of any grading or building permits for the project, the applicant shall submit a final map for review by the City and recordation, upon approval by the City Council and submit the map in a digital format acceptable to the City. 37. Preliminary Title Report: Upon submittal of the tentative map, the applicant shall provide a current Preliminary Title Report. 38. 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. 39. Monumentation for Final Map: Prior to recordation of the final map, the applicant shall provide a cash deposit for setting all monuments shown on the map. Monuments shall be set per section 20.76.010 of the Campbell Municipal Code. 40. 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: a. Show location of all existing utilities within the new and existing public right of Attachment #6 Page 8 of 10 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 driveway approach and necessary sidewalk, curb and gutter as required by the Engineer. d. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway approaches and curb ramps on Bucknall Road and Fulton Street as necessary. e. Installation of street trees and irrigation at 30 feet on center along Bucknall Road and Fulton Street. f. Installation of City standard benchmark. g. Installation of monument wells. h. Installation of streetlights, conduits, conductors and related facilities in accordance with the City of Campbell's Street Lighting Policies along Bucknall Road, and Fulton Street. 1. Installation of traffic control, stripes and signs as necessary. J. Construction of conforms to existing public and private improvements, as necessary . k. Permits will be required from the City of San Jose and Santa Clara Valley Water District for utility, sanitary sewer and storm sewer connections including trench restoration on Bucknall Road. Note that the proposed sanitary and storm connections on Bucknall Road is in San Jose jurisdiction and may also be in conflict with the 20" SCVWD central pipeline. It shall be the owner's responsibility in obtaining and complying with the requirements of these permits. 41. 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. 42. 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. 43. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer c1eanout(s) shall be relocated or installed on private property behind the public right-of- way line. 44. 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. 45. Utilities: All on-site utilities shall be installed underground per Section 21.18.140 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. Attachment #6 Page 9 of 10 46. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities. The plan shall clearly show the location and size of all existing utilities and the associated main lines; indicate which utilities and services are to remain; which utilities and services are to be abandoned, and where new utilities and services will be installed. Joint trenches for new utilities shall be used whenever possible. 47. 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. Bucknall Road or Fulton A venue 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. 48. 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. A grading and drainage certificate prepared by the licensed civil engineer or land surveyor shall be submitted to the City Engineer upon project completion. This certificate shall certify that final grading is in compliance with the approved grading and drainage plan. 49. Storm Drain Area Fee: Prior to recordation of the final map, the applicant shall pay the required Storm Drain Area fee of$2,385.00 per net acre, which is $1,531.00. 50. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding stormwater pollution prevention. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay. Resources to achieve these objectives include Stormwater Best Management Practices Handbook for New Development and Redevelopment ("CA BMP Handbook") by the California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for Stormwater Quality Protection ("Start at the Source") by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for Stormwater Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. Attachment #6 Page 10 of 10 51. Demolition: Prior to recording of the final map the applicant shall obtain a demolition permit and remove any nonconforming structures. Attachment # 7 CONDITIONS OF APPROV AL FOR FILE NO. PLN2005-90 (TENT A TIVE SUBDIVISION MAP) SITE ADDRESS: APPLICANT: P.C. MEETING: 1859 Bucknall Rd. and 145 Fulton Street Kenneth Nelson R. C. E. December 13,2005 The applicant is hereby notified, as part of this application, that (s)he is required to meet the following conditions in accordance with the ordinances of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney, or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations, and accepted engineering practices, for the items under review. Additionally, the applicant is hereby notified that (s)he is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified: COMMUNITY DEVELOPMENT DEPARTMENT Planning Division: 1. Approved Proiect: Approval for a Tentative Subdivision Map to create 8 residential lots on properties located at 1859 Bucknall Rd. and 145 Fulton Street. The site design and subdivision design shall substantially conform to the project exhibits listed below, except as may be modified by the conditions of approval herein: a. Tentative Subdivision Map prepared by Kenneth Nelson, RCE and Lester Ikegami, RCE, dated October 10 & 11, 2005, including a plot plan, preliminary grading and drainage plan. b. The proposed Tentative Subdivision Map shall delineate a landscape easement along the street frontage of the project and along driveways where 3 foot picket fences are shown. 2. Approval Expiration: The Tentative Subdivision Map approval is valid for a period of two years from the date of final approval, unless an extension is granted prior to the expiration date. 3. Planned Development Permit Approval: Valid 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. 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: Attachment #7 Page 2 of 4 a. Formation of a Homeowner's Association to ensure the long-term maintenance of landscaping, fences and driveways. b. Continued architectural controls to ensure the architectural integrity of the project. c. Definition of common landscape and driveway areas to be maintained and provisions for maintenance of these areas. d. A funding mechanism to ensure maintenance and upkeep of common landscape and shared driveway(s). e. On-going maintenance of the required front yard landscaping for the project. f. Requirement for the availability of garage space for the parking of vehicles at all times. g. A prohibition on the use of parking spaces for storage purposes, including boats, trailers, and recreational vehicles. PUBLIC WORKS 5. 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 and submit the map in a digital format acceptable to the City. 6. Preliminary Title Report: Upon submittal of the tentative map, the applicant shall provide a current Preliminary Title Report. 7. 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. 8. Monumentation for Final Map: Prior to recordation of the final map, the applicant shall provide a cash deposit for setting all monuments shown on the map. Monuments shall be set per section 20.76.010 of the Campbell Municipal Code. 9. 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: 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. Attachment #7 Page 3 of4 c. Removal of existing driveway approach and necessary sidewalk, curb and gutter as required by the Engineer. d. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway approaches and curb ramps on Bucknall Road and Fulton Street as necessary. e. Installation of street trees and irrigation at 30 feet on center along Bucknall Road and Fulton Street. f. Installation of City standard benchmark. g. Installation of monument wells. h. Installation of streetlights, conduits, conductors and related facilities in accordance with the City of Campbell's Street Lighting Policies along Bucknall Road, and Fulton Street. 1. Installation of traffic control, stripes and signs as necessary. J. Construction of conforms to existing public and private improvements, as necessary . k. Permits will be required from the City of San Jose and Santa Clara Valley Water District for utility, sanitary sewer and storm sewer connections including trench restoration on Bucknall Road. Note that the proposed sanitary and storm connections on Bucknall Road is in San Jose jurisdiction and may also be in conflict with the 20" SCVWD central pipeline. It shall be the owner's responsibility in obtaining and complying with the requirements of these permits. 10. 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. 11. 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. 12. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer cleanout(s) shall be relocated or installed on private property behind the public right-of- way line. 13. 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. 14. Utilities: All on-site utilities shall be installed underground per Section 21.18.140 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. 15. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities. The plan shall clearly show the location and size of all existing utilities and the associated main lines; indicate which utilities and Attachment #7 Page 4 of4 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. 16. 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. Bucknall Road or Fulton Avenue 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. 17. 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. A grading and drainage certificate prepared by the licensed civil engineer or land surveyor shall be submitted to the City Engineer upon project completion. This certificate shall certify that final grading is in compliance with the approved grading and drainage plan. 18. Storm Drain Area Fee: Prior to recordation of the final map, the applicant shall pay the required Storm Drain Area fee of $2,385.00 per net acre, which is $1,531.00. 19. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding stormwater pollution prevention. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay. Resources to achieve these objectives include Stormwater Best Management Practices Handbook for New Development and Redevelopment ("CA BMP Handbook") by the California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for Stormwater Quality Protection ("Start at the Source") by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for Stormwater Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. 20. Demolition: Prior to recording of the final map the applicant shall obtain a demolition permit and remove any nonconforming structures.