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Reinstate PD and ZC - 2003April 7, 2004 Mr. Michael Rockhold, Architect 2929 Lexford Avenue San Jose, CA 95124 Re: Building Permit No. BLD2003-1620 through 1625 206 Shelley Avenue (Revised Submittal) Six single-family townhomes Dear Mr. Rockhold: The Planning Division has reviewed your plan submittal to the Building Division for the above referenced townhome project. Based upon a review of the approved plans and City Council approval, Resolution No. 9889, the following issues need to be addressed prior to the issuance of a building permit from a Planning Division standpoint: 1. Color and Material Samples: Please submit color/material samples for the wall, trim, and roofing. The colors/materials should be called out on the plans. 2. Fencing Plan: The fencing plan calls out a masonry wall along the western property line. Please provide a fence plan detailing location, height and design of fencing and that the existing wood fence will be repair or replaced as required by the community Development Director. 3. Utility Boxes and Back-flow Preventers: Please ensure that the landscaping plans address the screening of these services. If you have any questions, please contact me at (408) 866-2144 or via email attimh@ci.camDbell.ca.us. ~ 14~ Tim J. Haley Associate Planner cc: Robert Dubcich, 1790 Whiteoaks Rd., Campbell, CA 95008 GeoffBradley, Senior Planner Ed Arango, Associate Engineer Building Division 70 North First Street. Campbell, California 95008-1436 . TEL 408.866.2140 FAX 408.871.5140 . TDIl 408.866.2790 Date: July 22, 2003 Subject: Reinstatement of PD Approval - 206 Shelley A venue Please find attached a copy of City Council Resolution No. 10214 which approved a reinstatement of a Planned Development Permit for the construction of six townhomes on the subject property. If you should have any questions regarding the City Council action, please do not hesitate to contact me at 866-2144. distribution: Bill Bruckart, Building Official Ed Arango, Associate Engineer Wayne Hokanson, Deputy Fire Marshall IT MEMORANDUM To: Tim Haley A ociate Planner, Comm. Development Department From: Date: Ju 17, 2003 Subject: Reinstatement/Extension of Approval (PLN 2003-51) of previously approved Planned Development Permit (PLN 2001-29) - 206 Shelley A venue - Michael Rockhold on behalf of Robert Dubcich and Vivian Bracher At a regular meeting of July 15, 2003, the City Council held a public hearing to consider the application of Mr. Michael Rockhold, on behalf of Robert Dubcich and Vivian Bracher for a Reinstatement/Extension of Approval (PLN 2003-51) of a previously approved Planned Development Permit (PLN 2001-29) to allow the construction of six townhomes on property located at 206 Shelley A venue in a Planned Development Zoning District. After public testimony and Council deliberation, the City Council took the following action: 1. Adopted Resolution No. 10214 granting a Reinstatement/Extension of Approval (PLN 2003-51) of a previously approved Planned Development Permit to allow the construction of six townhomes on property owned by Robert Dubcich and Vivian Bracher located at 206 Shelley A venue in a PD Zoning District, subject to the Conditions of Approval. A certified copy of this Resolution is attached for your records, together with a copy of the letter written to Mr. Michael Rockhold, on behalf of Robert Dubcich and Vivian Bracher, in follow up to the City Council's action. July 17, 2003 Mr. Michael J. Rockhold 2929 Lexford Avenue San Jose, CA 95124 Dear Mr. Rockhold: At the regular meeting of July 15, 2003, the City Council held a public hearing to consider your application, on behalf of Robert Dubcich and Vivian Bracher, for a Reinstatement/ Extension of Approval (pLN 2003-51) of a previously approved Planned Development Permit (pLN 2001-29) to allow the construction of six townhomes on property located at 206 Shelley Avenue in a P-D (planned Development) Zoning District. After deliberation, the Campbell City Council took action as follows: 1. Adopted Resolution No. 10214.granting a Reinstatment/Extension of Approval (PLN 2003-51) of a previously approved Planned Development Permit to allow the construction of six townhomes on property owned by Robert Dubcich and Vivian Bracher located at 206 Shelley A venue in a Planned Development Zoning District, subject to Conditions of Approval. A certified copy of this Resolution is attached for your records. Please do not hesitate to contact this office (866-2117) or Tim Haley, Associate Planner, should you have any questions in regard to the City Council's action. Sincerely, Enc. cc. Robert Dubcich/Vivian Bracher, 1834 Whiteoaks Avenue, Campbell 70 North First Street . Campbell, California 95008.1423 . TEL 408.866.2117 . FAX 408.374.6889 . TOO 408.866.2790 RESOLUTION NO. 10214 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL GRANTING A REINSTATElvIENT/EXTENSION OF APPROVAL (PLN2003-51) OF A PREVIOUSLY APPROVED PLANNED DEVELOPlvIENT PERMIT TO ALLOW THE CONSTRUCTION OF SIX TOWNHOMES ON PROPERTY OWNED BY ROBERT DUBCICH AND VIVIAN BRACHER LOCATED AT 206 SHELLEY AVENUE IN A P-D (pLANNED DEVELOPlvIENT) ZONING DISTRICT. APPLICATION OF MR. MICHAEL ROCKHOLD, ON BEHALF OF ROBERT DUBCICH AND VIVIAN BRACHER. Fll...E NO. PLN2003-51. 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 PLN2003-51. 1. There have been no changes in the General Plan and the Zoning of the property since the previous approval of the project. 2. There have been no changes in the development standards or regulations that would warrant changes to the conditions of approval, other than the request for an extension of time. 3. The applicant is requesting the extension of time to facilitate the completion of the project. 4. There have been no changes in the proposed project other than the request for an Extension of Time. Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1. The proposed project is consistent with the General Plan and the local zoning ordinance. 2. The proposed project as conditioned will aid in the harmonious development of the immediate area. 3. The establishment, maintenance or operation of the use applied for will not be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. Cify Council Resolution ll-214 PLN2003-51 - 206 Shelley A venue - ReinstatementlExtension of Approval Page 2 4. The Extension of time to the Planned Development Permit (pLN 2003-51) for this project is for a period of 10 months from the date of the City Council approval. 5. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic the proposed use would generate. 6. The proposed site is adequate in size and shape to accommodate the proposed project and will integrate well with the existing uses in the surrounding area. 7. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 8. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. NOW, THEREFORE, BE IT RESOLVED that the City Council grants a lO-month Reinstatement/Extension of Approval (PLN2003-51) of a previously approved Planned Development Permit to allow the construction of six townhomes on property owned by Robert Dubcich and Vivian Bracher located at 206 Shelley A venue, subject to the following conditions: 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 1. Development Approval Expiration: Approval is granted for a ten month Extension (PLN2003-51) for a previously approved Planned Development Permit (PLN 2001-29) to allow the development of six townhomes on property located at 206 Shelley A venue. The Extension of Time for the Planned Development Permit is valid for a period of ten months from the City Council's effective approval date. 2. Previous Conditions: All conditions of approval of the previously approved Planned Development Permit (PLN 2001-29) as approved by City Council Resolution No. 9928 shall remain in effect, except for the modification to the project approval's expiration. City Council Resolution 10214 PLN2003-51 - 206 Shelley A venue - ReinstatementlExtension of Approval Page 3 PASSED AND ADOPTED this 15th day of July ,2003, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILlvIEMBERS: COUNCILMEMBERS: Watson, Kennedy, Dean, Burr, Furtado None None None APPROVED:~~~ Daniel E. Furtado, Mayor ATTEST: ~ Anne Bybee, City Clerk NT \S 1\ tJdi _.-.nI1iG tNS~ lttE ()ft1G'\IlIlL. ... ~~-Cr coP'l OF ,..0 ~ ll.\l8 Or-fICS. rt"f ON t'\l..E IN '!'SEE. erN (lLERt(. C f I I, Of . :,..~ ~Al.lFORNI~ ~ ~ W1Jl.- r' ". ~ ,. ~ ,City Council. Report ITEM NO: CATEGORY: MEETING DATE: 13 Public Hearing July 15, 2003 TITLE' Public Hearing to consider the applications of Mr. Michael Rockhold on behalf of Robert Dubcich and Vivian Bracher for a Reinstatement/Extension of Approval (pLN 2003-51) of a previously approved Planned Development Permit (PLN 2001-29) to allow the construction of six townhomes on property located at 206 Shelley A venue in a P-D (planned Development) Zoning District. CITY COUNCIL ACTION The Planning Commission recommends that the City Council take the following action: 1. Adopt a Resolution approving a reinstatement of the previously approved Planned Development Permit to allow the construction of six townhomes, incorporating the attached findings and subject to the attached conditions of approval. ENVIRONMENTAL DETERMINATION In accordance with CEQA, the City conducted an Initial Study for this project. The results of the study determined that no significant impacts would be created as a result of this project. Based upon the information provided in the environmental assessment, the City Council granted a Negative Declaration. There have been no changes to the project or the environment of the project that would warrant further environmental analysis. BACKGROUND The Planning Commission at its meeting of June 12, 2001 adopted Resolution No. 3352 recommending approval of a six unit townhome development on the project site and on May 28, 2002 recommended approval of a Tentative Subdivision Map for the subject property. The City Council, subsequently, adopted Resolution No. 9889 approving the Planned Development Permit and Resolution No. 10050 approving the Tentative Subdivision Map for the proposed project. The Planned Development Permit approval expired on August 17, 2002 and the Tentative Subdivision Map Approval will expire on June 18,2004. Applicant's Proposal: The applicant is requesting approval of a reinstatement and extension of the Planned Development Permit approval. The Planning Commission is recommending a (10) ten month extension so that the Planned Development Permit approval will coincide with the Tentative Subdivision Map approval. ANALYSIS Extension of the Planned Development Permit: The application for the Extension of Time to the previously approved Planned Development Permit (PLN 2001-29) does not entail any revisions to the previously approved plans. ,..-. City Council Report PLN 2003-51 - 206 Shelley A venue Planned Development Permit Reinstatement Page 2 General Plan Designation: The General Plan land use designation for the project site is Low- Medium Density Residential (6-13 units per gross acre). The proposed project will be developed at a density of 11.1 units per gross acre, which is within the density range allowed for the site. Therefore, the proposed project is consistent with the General Plan. Zoning Designation: The zoning designation for the project site is P-D (Planned Development). The applicant is requesting approval of a reinstatement the Planned Development Permit consistent with the Planned Development zoning district. Planning Commission: The Planning Commission at its meeting of June 24, 2003, adopted Resolution No. 3507 recommending approval of the Planned Development Permit reinstatement with a 6-0-1 vote, Commissioner Hernandez absent. AL TERNA TIVES 1. Approve the proposed reinstatement, subject to additional and/or modified Conditions of Approval. 2. Deny the request. 3. Continue for further review. FISCAL IMPACTS None. Prepared by: Attachments: 1. Draft City Council Resolution- ReinstatementlExtension (PLN2003-51) to a Planned Development Permit (PLN 2001-29) 2. Planning Commission Resolution No. 3507 (planned Development Permit) and Minutes 3. City Council Resolution No. 9889 and 10050 4. Planning Commission Staff Report - June 24, 2003 5. Project Exhibits 6. Location Map ~ J' ~ Tim ~Y' Associate Planner ~~ ,. Reviewed by: Approved by: RESOLUTION NO. BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL GRANTING A REINSTATEMENT/EXTENSION OF APPROVAL (PLN2003-51) OF A PREVIOUSLY APPROVED PLANNED DEVELOPMENT PERMIT TO ALLOW THE CONSTRUCTION OF SIX TOWNHOMES ON PROPERTY OWNED BY ROBERT DUBCICH AND VIVIAN BRACHER LOCATED AT 206 SHELLEY A VENUE IN A P-D (pLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. MICHAEL ROCKHOLD, ON BEHALF OF ROBERT DUBCICH AND VIVIAN BRACHER. Fll...E NO. PLN2003-51. 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 PLN2003-51. 1. There have been no changes in the General Plan and the Zoning of the property since the previous approval of the project. 2. There have been no chang~sin the development standards or regulations that would warrant changes to the conditions of approval, other than the request for an extension of time. 3. The applicant is requesting the extension of time to facilitate the completion of the project. 4. There have been no changes in the proposed project other than the request for an Extension of Time. Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1. The proposed project is consistent with the General Plan and the local zoning ordinance. 2. The proposed project as conditioned will aid in the harmonious development of the immediate area. 3. The establishment, maintenance or operation of the use applied for will not be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. City Council Resolution PLN2003-51 - 206 Shelley Avenue - ReinstatementlExtension of Approval Page 2 4. The Extension of time to the Planned Development Permit (pLN 2003-51) for this project is for a period of 10 months from the date of the City Council approval. 5. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic the proposed use would generate. 6. The proposed site is adequate in size and shape to accommodate the proposed project and will integrate well with the existing uses in the surrounding area. 7. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 8. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. NOW, THEREFORE, BE IT RESOLVED that the City Council grants a lO-month ReinstatementlExtension of Approval (PLN2003-51) of a previously approved Planned Development Permit to allow the construction of six townhomes on property owned by Robert Dubcich and Vivian Bracher located at 206 Shelley A venue, subject to the following conditions: 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. CO~TYDEVELOPMENTDEPARTMENT 1. Development Approval Expiration: Approval is granted for a ten month Extension (pLN2003-51) for a previously approved Planned Development Permit (PLN 2001-29) to allow the development of six townhomes on property located at 206 Shelley A venue. The Extension of Time for the Planned Development Permit is valid for a period of ten months from the City Council's effective approval date. 2. Previous Conditions: All conditions of approval of the previously approved Planned Development Permit (PLN 2001-29) as approved by City Council Resolution No. 9928 shall remain in effect, except for the modification to the project approval's expiration. City Council Resolution PLN2003-51- 206 Shelley Avenue - ReinstatementlExtension of Approval Page 3 PASSED AND ADOPTED this day of , 2003, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: APPROVED: Daniel E. Furtado, Mayor ATTEST: Anne Bybee, City Clerk .- . RESOLUTION NO. 9889 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A PLANNED DEVELOPMENT PERMIT (pLN2001-29) TO ALLOW THE CONSTRUCTION OF SIX TOWNHOMES ON PROPERTY LOCATED AT 206 SHELLEY AVENUE. APPLICATION OF MR. MICHAEL ROCKHOLD, ON BEHALF OF MR. ROBERT DUBCICH. FILE NO. PLN2001-29. After notification and public hearing, as specified by law. and after presentation by the Commuility Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the City Council did find as follows with respect to application PLN2001-29: 1. The proposed Planned Development Permit is consistent with the General Plan designation for the site. 2. The proposed density of 11.1 units per gross acre is no greater than the density allowance of 6-13 units per gross acre permitted in the R-M-S (Multiple-Family Residential) Zoning District. 3. Six units could also be constructed in an R-M-S Zoning District. 4. The site plan proposes the construction of six (6) attached townhouse units within three building groups that are accessed 'by a 20-foot wide common driveway along the east property line. The northerly unit has direct frontage onto Shelley Avenue and has a front yard setback of approximately 15 feet from the back of sidewalk. Each of the units has a private rear yard with a minimum depth of 10 feet and an "L" shaped yard that wraps around the proposed townhouse units. Proposed landscaping will occupy approximately 30 percent to the project site. 5. The proposed townhouse development consists of three two-story buildings. All three buildings have a stucco wall exterior, stucco foam trim and hipped/gabled roofs with composition shingles. 6. The project provides 24 on-site parking spaces. 7. The project has a floor area ratio of .64. 8. The project is surrounded by townhouse developments on the north and west sides, a commercial center on the south side, and a two-story office building on the east side. 9. The proposed massing and design is consistent with other developments in the surrounding area and is consistent with the development standards for residential uses. 10. An initial study was prepared for this project and no significant environmental impacts were found. , City Council Resolution PLN2001-29 - 206 Shelley Avenue- Planned Development - Six Townhome Units Page 2 Based upon the foregoing findings of fact, the City Council further finds and concludes that: I. The proposed development and uses clearly will result in a more desirable environment and use ofthe land than would be possible under any other zoning classification. 2. The development and uses will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 3. The proposed development will not result in allowing more residential units than would be allowed by other residential zoning districts which are consistent with the general plan designation of the property; and 4. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 5. No substantial evidence has been presented which shows that the project, as currently presented, and subject to the required conditions of approval, will have a significant adverse impact on the environment. The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the ordinances of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified: COMMUNITY DEVELOPMENT DEPARTMENT Planning Division: 1. Approved Project: Approval is granted to construct a 6-unit townhouse project consisting of three (3) two-story buildings. The building designs and site design shall substantially conform to the project exhibits listed below, except as may be modified by the Conditions of Approval herein: a. Set of plans prepared by MJR Architects received on April 23, 2001, including building elevations, site plan, and a conceptual landscape plan. Color elevation and site plan submitted by MJR on Apri123, 2001. b. Applicant to submit revised plans to the Planning Division for the review and approval of the Community Development Director prior to the issuance of Building Permits. Revised plans to address the following: 1) The window shape and placement over the garages shall be revised to reduce the apparent size of the proposed stucco wall; 2) The arrangement and size of the windows and porch of the building elevation along the Shelley Avenue frontage shall be enhanced to strengthen the orientation of the front unit; and City Council Resolution PLN200l-29 - 206 Shelley Avenue- Planned Development - Six Townhome Units Page 3 3) The massing of the second floor bedrooms over the garages at the rear two town- home units shall be reduced. c. Within this one-year of approval, a building permit must be obtained and construction completed one year thereafter or the Planned Development Permit shall be void. 2. Landscaping: The applicant shall submit four sets of landscape and irrigation plans to the Planning Division, prior to the issuance of building permits, for review and approval by the Community Development Director for compliance with all applicable conditions of approval, ordinances, laws and regulations. Landscape and irrigation plans shall be consistent with the City's Water Efficient Landscaping Standards (WELS). The plans must also incorporate the following: a. All trees shall be a minimum twenty-four inch box sized container and all shrubs shall be minimum 5-gallon containers. b. Landscaping plan to provide a variety of trees, shrubs and ground cover. 3. Parking and Driveways: a. All parking and driveway areas shall be developed in compliance with Chapter 21.50 of the Campbell Municipal Code. b. The applicant shall provide decorative pavement within the driveway and in front of the garages where uncovered parking spaces are provided in the development. The. design and materials to be used for the decorative pavement shall be reviewed and approved by the Community Development Director for compliance with all applicable conditions of approval, ordinances, laws and regulations prior to issuance of building permits for the project. 4. Covenants, Codes and Restrictions (CC&Rs): The applicant shall be required to submit for review and approval by the City Attorney and Community Development Director a copy of the CC&Rs which shall include the following: a. Formation of a homeowner's association to ensure the long-term maintenance of buildings and properties. b. Continued architectural controls to ensure the architectural integrity of the project. c. Definition of common areas to be maintained and provision of maintenance for these areas, including the driveway and grass cell fire truck turnaround area. d. Provision of a funding mechanism to ensure maintenance and upkeep of common areas and shared building walls and roofs to be repaired, repainted, and/or replaced as necessary e. Provision for the availability of interior garage space for the parking of two (2) vehicles at all times. f. Provision to prohibit use of uncovered parking spaces for outdoor storage purposes. . ' City Council Resolution PLN2001-29 - 206 Shelley Avenue- Planned Development - Six Townhome Units Page 4 5. Park Impact Fee: A park impact fee of $7,035 per unit is due upon development of the townhouse project. Credit in the amount of$10,990 will be given for the previously existing single-family residence, if removed within two years of project commencement. Prior to recordation of the final subdivision map, 75% of this fee is due. The remaining 25% is due prior to issuance of a certificate of building occupancy. 6. Fences: Any newly proposed fencing shall comply with Section 21.59.090 of the Campbell Municipal Code. 7. Property Maintenance: The property is to be maintained free of any combustible trash, debris and weeds until the time that actual construction commences. All existing structures shall be secured by having windows boarded up and doors sealed shut, or be demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). 8. Utility Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to installation of PG&E utility (transformer) boxes and San Jose Water Company back-flow preventers, indicating the location of the boxes and screening (if the boxes are above ground) for approval by the Planning Division. 9. On-Site Lighting: On-site lighting shall be shielded away from adjacent properties and directed on site. The design and type of lighting fixtures and lighting intensity of any proposed exterior lighting for the project shall be reviewed and approved by the Community Development Director prior to installation of the lighting. Lighting fixtures shall be of a decorative design to be compatible with the residential development and shall incorporate energy saving features. Building Division: 10. Permits Required: A building permit application shall be required for each proposed new structure. The building permit shall include Electrical/PlumbinglMechanical fees when such work is part of the permit. 11. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 12. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 13. 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. Soils report shall certify that this property is free of contamination by any hazardous materials. 14. 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.